HomeMy WebLinkAbout01.10.2024@630 Regular CCWednesday, January 10, 2024
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
JAMES COLEMAN, Mayor (District 4)
EDDIE FLORES, Vice Mayor (District 5)
MARK ADDIEGO, Councilmember (District 1)
MARK NAGALES, Councilmember (District 2)
BUENAFLOR NICOLAS, Councilmember (District 3)
ROSA GOVEA ACOSTA, City Clerk
FRANK RISSO, City Treasurer
SHARON RANALS, City Manager
SKY WOODRUFF, City Attorney
Regular Meeting Agenda
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January 10, 2024City Council Regular Meeting Agenda
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January 10, 2024City Council Regular Meeting Agenda
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
ANNOUNCEMENTS FROM STAFF
COUNCIL COMMENTS/REQUESTS
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.
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.
Motion to approve the Minutes for December 13, 2023. (Rosa Govea Acosta, City
Clerk)
1.
Motion to approve re-appointments to the Parking Place Commission and Traffic
Safety Commission. (Rosa Govea Acosta, City Clerk)
2.
Motion to accept the construction improvements of the FY 2022-23 CDBG Curb
Ramp Replacement Project (st2304) in accordance with the project’s plans and
specifications. (Angel Torres, Senior Civil Engineer).
3.
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January 10, 2024City Council Regular Meeting Agenda
Report regarding a resolution approving a professional services agreement with Dell
Marketing LP for the procurement and installation of server hardware in an amount
not to exceed $253,394 and authorizing the City Manager to execute the agreement.
(Tony Barrera, Director of Information Technology Department)
4.
Resolution approving a Professional Services Agreement with Dell Marketing L.P. for
the procurement and installation of server hardware in the amount not to exceed
$253,394 and authorizing the City Manager to execute the agreement.
4a.
Report regarding a resolution authorizing the City Manager or designee to purchase
several remnant parcels (Assessor Parcel Numbers 091022010, 091022020,
091022030, 091025010, 091034080, and 015031090) with outstanding delinquent
taxes in South San Francisco subject to an upcoming County of San Mateo Chapter 8
tax sale. (Nell Selander, Economic & Community Development Director; Greg
Mediati, Parks & Recreation Director; and Adena Friedman, Chief Planner)
5.
Resolution authorizing the City Manager or designee to purchase several remnant
parcels (Assessor Parcel Numbers 091022010, 091022020, 091022030, 091025010,
091034080, and 015031090) with outstanding delinquent taxes in South San Francisco
subject to an upcoming County of San Mateo Chapter 8 tax sale.
5a.
Report regarding a resolution authorizing the use of $61,719.33 of Police Asset
Forfeiture Funds to purchase less-lethal launchers and optics. (Scott Campbell, Chief
of Police)
6.
Resolution authorizing the use of $61,719.33 of Police Asset Forfeiture Funds to
purchase less-lethal launchers and optics.
6a.
Report regarding a resolution authorizing the filing of an application for the Caltrans
Climate Adaptation Planning Grant for $600,000 (not to exceed $1,000,000) for the
South San Francisco (SSF) Shoreline Protection and Connectivity Project. (Audriana
Hossfeld, Senior Civil Engineer)
7.
Resolution authorizing the submittal of a grant application for the Caltrans Climate
Adaptation Planning Grant for $600,000 (not to exceed $1,000,000) for the South San
Francisco (SSF) Shoreline Protection and Connectivity Project.
7a.
Report regarding a resolution authorizing the filing of a grant contract renewal for
Community Development Block Grant funds allocated through the City of Daly City
to support Project Read and authorizing the Finance Director to adjust the Fiscal Year
2024-25 Revenue Budget upon receipt of grant award. (Valerie Sommer, Library
Director)
8.
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January 10, 2024City Council Regular Meeting Agenda
Resolution authorizing the filing of a grant contract renewal for Community
Development Block Grant funds allocated through the City of Daly City to support
Project Read and authorizing the Finance Director to adjust the Fiscal Year 2024-25
Revenue Budget upon receipt of grant award.
8a.
Report regarding a resolution authorizing the acceptance of $6,000 in grant funding
from the San Bruno Community Foundation to support Project Read’s literacy
services through the Learning Wheels Family Literacy Program and amending the
Library Department’s Fiscal Year 2023-24 per Budget Amendment Number 24.026
(Valerie Sommer, Library Director)
9.
Resolution authorizing the acceptance of $6,000 in grant funding from the San Bruno
Community Foundation to support Project Read’s Literacy Services through the
Learning Wheels Family Literacy Program and amending the Library Department’s
Fiscal Year 2023-24 per Budget Amendment Number 24.026.
9a.
Report regarding second reading and adoption of an ordinance repealing and replacing
Chapter 9.04 Animal Licensing and Control of the South San Francisco Municipal
Code. (Rich Lee, Assistant City Manager)
10.
Ordinance repealing and replacing Chapter 9.04 Animal Licensing and Control of the
South San Francisco Municipal Code.
10a.
ADMINISTRATIVE BUSINESS
Report regarding the draft Broadband Master Plan. (Tony Barrera, Director of
Information Technology)
11.
Report regarding a resolution approving the Agreement for Construction and
Reimbursement for Sewer Improvements with Southline Building 1 Owner, LLC for
the public sanitary sewer main improvements on Tanforan Avenue, as Part of the
Southline Development Project. (Matthew Ruble, Principal Engineer)
12.
A resolution approving the Agreement for Construction and Reimbursement for Sewer
improvements with Southline Building 1 Owner, LLC for the public sanitary sewer
main improvements on Tanforan Avenue, as Part of the Southline Development
Project.
12a.
Report regarding a resolution authorizing the City Manager to execute a professional
services agreement with HR&A Advisors, Inc. to prepare an anti-displacement
roadmap in an amount not to exceed $387,600. (Nori Dubon, Housing Fellow)
13.
Resolution authorizing the City Manager to execute a professional services agreement
with HR&A Advisors, Inc. to prepare an anti-displacement roadmap in an amount not
to exceed $387,600.
13a.
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January 10, 2024City Council Regular Meeting Agenda
Report regarding a resolution approving Budget Amendment Number 24.027
appropriating $147,500 in the Low- and Moderate-Income Housing Fund (Fund 241)
in Fiscal Year 2023-24 for the City’s Emergency Rental Assistance Program. (Nguyen
Pham, Management Analyst II)
14.
Resolution approving Budget Amendment Number 24.027 appropriating $147,500 in
the Low- and Moderate-Income Housing Fund (Fund 241) in Fiscal Year 2023-24 for
the City’s Emergency Rental Assistance Program.
14a.
Report regarding a resolution approving Budget Amendment Number 24.028 and
authorizing the City’s acquisition of the Below Market Rate (BMR) unit at 2230
Gellert Boulevard, Unit 3105 (APN 104540050). (Elia Moreno, Management Analyst
I and Danielle Thoe, Housing Manager)
15.
Resolution approving Budget Amendment Number 24.028 and authorizing the City’s
acquisition of the Below Market Rate (BMR) unit at 2230 Gellert Boulevard, Unit
3105 (APN 104540050).
15a.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
CLOSED SESSION
Conference with real property negotiators
Property: 226-230 Grand Ave., 232-238 Grand Ave., and 240-246 Grand Ave
Agency negotiator: Nell Selander, ECD Director; Danielle Thoe, Housing Manager;
Sky Woodruff, City Attorney
Negotiating parties: Giffra Enterprises
Under negotiation: Price and terms
16.
ADJOURNMENT
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1092 Agenda Date:1/10/2024
Version:1 Item #:1.
Motion to approve the Minutes for December 13, 2023. (Rosa Govea Acosta, City Clerk)
City of South San Francisco Printed on 1/5/2024Page 1 of 1
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CALL TO ORDER
Mayor Coleman called the meeting to order at 6:30 p.m.
ROLL CALL
Councilmember Addiego, present
Councilmember Nagales, present
Councilmember Nicolas, present
Vice Mayor Flores, present
Mayor Coleman, present
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
City Manager Ranals requested that Item No. 23 moved after Item No. 3.
ANNOUNCEMENTS FROM STAFF
• Greg Mediati, Director of Parks and Recreation
• Katie Donner, Management Analyst I
PRESENTATIONS
1. Proclamation honoring Dr. John Skerry, Physician in Chief of Kaiser Permanente. (James
Coleman, Mayor).
Mayor Coleman and the Council presented a proclamation to Physician in Chief of Kaiser
Permanente, Dr. John Skerry. They highlighted his accomplishments and thanked him for his years
of service to the South San Francisco community.
Susan Kennedy was present to extend Congressmember Kevin Mullin’s appreciation and
congratulations to Dr. Skerry. Former Congressmember Jackie Spears was present to recognize Dr.
Skerry with a resolution on behalf of the State Senators Josh Becker, Scott Wiener and
Assemblymember Diane Pappen and Phil Ting. Randi Torrijos of Supervisor Pine’s Office to express
his gratitude for Dr. Skerry’s years of service and partnership with Kaiser Permanente.
Dr. Skerry expressed his appreciation for the recognition and love for the City of South San Francisco.
MINUTES
REGULAR MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
WEDNESDAY, DECEMBER 13, 2023
6:30 p.m.
Library Parks and Recreation Building
901 Civic Campus Way, South San Francisco, CA
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REGULAR CITY COUNCIL MEETING DECEMBER 14, 2023
MINUTES PAGE 2
2. Certificate honoring Krystina Ruiz, 2024 HIP Housing’s calendar artist. (James Coleman,
Mayor)
Mayor Coleman presented a certificate to Krystina Ruiz and congratulated her as this year’s calendar
artist. Executive Director of HIP Housing Kate Comfort Harr introduced Krystina who thanked the
Council.
3. Certificate celebrating Coach Kolone Pua and the South San Francisco High School Football
Team for being 2023 Central Coast Section Champions. (James Coleman, Mayor)
Mayor Coleman recognized the South San Francisco High School Football team, staff, and parents
for their Championship. Coach Pua thanked the Council for their recognition and certificate.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
23. Certificate honoring Commissioner Steven Pitocchi for his years of service on the Housing
Authority. (Eddie Flores, Vice Mayor)
Vice Mayor Flores recognized Commissioner Pitocchi and his efforts in public service and uniting
the City Council and Housing Authority. Commissioner Pitocchi shared his appreciation to the
Council for their recognition and highlighted how his appointment to the Housing Authority has
provided him the opportunity to now work for Kaiser Permanente.
PUBLIC COMMENTS – NON-AGENDA ITEMS
The following individual(s) addressed the City Council:
• Norm Torello
• Bryan Shields, Carpenters Local Union 217
COUNCIL COMMENTS/REQUESTS
Councilmember Nicolas shared she is looking forward to the New Year under Mayor Coleman and
Vice Mayor Flores. She expressed her gratitude to the staff that made the year memorable. She
provided an overview of the events she attended to include the Annual Fun Run, Sign Hill tree lighting
ceremony, Santa Come to Town, and Project Read Annual Trvia Challenge. She requested the
meeting be adjourned in memory of Annalise Salas Jimenez, Gloria Raffaelli, Gervacio Castro, and
Romeo Castro.
Councilmember Nagales congratulated Mayor Coleman and Vice Mayor Flores on the reorganization
event. He also thanked former Mayor Flores for her leadership this past year. He provided an
overview of the events he attended to include the Annual Fun Run, Santa Comes to Town, and Project
Read Trivia Challenge. He requested staff provide him with information regarding the shuttle use
from Public Works, an end of the year report from the Police Department, an update regarding rental
assistance from Economic Development & Housing, and an update regarding new laws from the City
Manager. He also noted that the San Mateo County Transportation Authority was able to secure
funding for the Junipero Serra interchange for improvements.
Councilmember Addiego highlighted the work of Code Enforcement Office Lovell and Public Works
staff to include Tom Blakiston, Dylan Tuck, Jesus Prieto, and Bobby Ingersoll for their service and
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REGULAR CITY COUNCIL MEETING DECEMBER 14, 2023
MINUTES PAGE 3
attentiveness to city streets. He also highlighted Corporal Finnegan and Officer Zander of the Police
Department for their efforts in a recent arrest.
Vice Mayor Flores expressed his thanks and gratitude to everyone who has congratulated him on the
reorganization of the council. He also recognized staff for their efforts and assistance in the success
of the most recent events, the Police Department and Fire Department for keeping us safe, and the
Public Works Department for keeping our city clean. He stated the Project Read Trivia Challenge
was well attended and thanked the neighboring cities that supported it. He stated he had the
opportunity to represent the city as a member of the Peninsula Division of the California League of
Cities and emphasized the importance of issues relating to climate change, public safety, housing,
and revenue. Lastly, he congratulated the class of the Renaissance Entrepreneurship Center and
recognized their hard work.
Mayor Coleman thanked the city staff and the community for attending the reorganization event and
making it a memorable event. He also congratulated the graduates of the Renaissance
Entrepreneurship Center and highlighted the significance of small businesses. He continued to
provide an overview of the events he attended to include the Project Read Trivia Challenge, the
LGBTQ Victory Institute Conference, and Menorah Lighting Ceremony. He requested staff to
explore the idea of digital signs for shuttle bus stops and asked that they review the activity at bocce
ball courts.
Meeting recessed at 7:33 p.m.
Meeting resumed at 7:48 p.m.
CONSENT CALENDAR
The Assistant City Clerk duly read the Consent Calendar, after which the Council voted and engaged
in discussion of specific item as follows.
4. Motion to approve the Minutes for November 8, 2023, November 21, 2023, and December 5,
2023. (Rosa Govea Acosta, City Clerk)
5. Motion to accept a report regarding the City of South San Francisco’s Community
Development Block Grant program, including the status of federal monitoring and updates to
the program’s Policies and Procedures Manual. (Danielle Thoe, Housing Manager)
6. Report regarding Resolution No. 173-2023 renewing a purchasing agreement with Dell
Marketing LP for Microsoft Licenses for an additional three-year term in the amount not to
exceed $752,215 and authorizing the City Manager to execute the agreement. (Tony Barrera,
Director of Information Technology)
7. Report regarding Resolution No. 174-2023 approving the Third Amendment to the 2023-2024
Wage and Salary Schedule to adjust the salary for amended job classifications and to adjust
hourly rates pursuant to the City’s Local Minimum Wage Ordinance, and approving budget
amendment number 24-022. (Leah Lockhart, Human Resources Director)
8. Report regarding Resolution No. 175-2023 authorizing the acceptance of $7,500 in grant
funding from Pacific Library Partnership to fund the development and presentation of a
program series. The grant will teach attendees to build their own computer that meets their
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REGULAR CITY COUNCIL MEETING DECEMBER 14, 2023
MINUTES PAGE 4
budget and use needs. The resolution will approve Budget Amendment 24.019. (Adam
Elsholz, Assistant Library Director)
9. Report regarding Resolution No. 176-2023 authorizing the acceptance of up to $15,000 from
the Peninsula Library System to fund coordination of the Peninsula Library System’s 2024
Young Adult Novelists Convention, YANovCon 2024, headlining keynote speakers, author
readings and book signings from popular and trending YA novelists and approving Budget
Amendment 24.020. (Adam Elsholz, Assistant Library Director)
10. Report regarding Resolution No. 177-2023 authorizing the acceptance of a donation of
computers from Genentech, Inc. valued at $7,600 to support digital literacy classes at the new
Library I Parks and Recreation Center. (Adam Elsholz, Assistant Library Director)
11. Report regarding Resolution No. 178-2023 authorizing the acceptance of $10,000 in grant
funding from Genentech to support the project Tech Talks: Discover the Future of STEM at
the new Library I Parks and Recreation Center and approving Budget Amendment 24.023.
(Adam Elsholz, Assistant Library Director)
12. A report recommending Resolution No. 179-2023 to approve a purchase agreement with L.N.
Curtis & Sons, Inc., for the purchase of 58 Globe turnout coats and pants in an amount not to
exceed $249,811.80, of which $57,456.71 will be funded from Public Safety Impact Fees and
$192,355.09 from the Fire Department operating budget; and authorizing the City Manager to
execute the purchase agreement on behalf of the City of South San Francisco. (Jess
Magallanes, Fire Chief)
13. Report regarding Resolution No. 180-2023 accepting an Urban Area Security Initiative grant
in the amount of $75,000 to enhance security and access for Fire Station 64 located at 2350
Galway Drive; approving budget amendment 24-021 to the Fire Department operating budget
in the amount of $75,000 and authorizing the City Manager to enter into an agreement with
the City and County of San Francisco Urban Area Security Initiative accepting FY 2023 grant
funds. (Jess Magallanes, Fire Chief)
14. Report regarding Resolution No. 181-2023 authorizing the City Manager to enter into a Power
Purchase Agreement to partner with Peninsula Clean Energy Authority to deploy a Solar
Photovoltaic System at City facilities. (Philip Vitale, Deputy Director of Capital Projects)
15. Report regarding Resolution No. 182-2023 authorizing the City Manager to execute the First
Amendment to the Consulting Services Agreement between the City of South San Francisco
with ELS Architecture + Urban Design, of Berkeley, California for design and construction
observation services of the Orange Memorial Park Aquatic Center Project in an amount not
to exceed $328,770.00 for design services and extend the contract period end date to
December 31, 2025. (Philip Vitale, Deputy Director of Capital Projects)
Motion – Councilmember Nagales /Second – Vice Mayor Flores: To approve Consent Calendar 4-
15, by roll call vote: AYES: Councilmembers Addiego, Nagales, Nicolas, and Vice Mayor Flores,
and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None
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REGULAR CITY COUNCIL MEETING DECEMBER 14, 2023
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PUBLIC HEARING
Public hearing opened: 7:53 p.m.
16. Report regarding a resolution making findings and approving an application for Design
Review for a new Aquatic Center at Orange Memorial Park and adopt the Initial Study /
Mitigated Negative Declaration (ND23-0005) in accordance with the California Public
Resources Code and the California Environmental Quality Act. (Philip Vitale, Deputy
Director - Capital Projects, and Adena Friedman, Chief Planner)
Deputy Director Vitale and Chief Planner Friedman presented a report to include the proposed design
and project schedule along with a review of the initial study mitigated negative declaration and
measures. The council expressed their excitement for the process and project.
Public hearing closed: 8:02 p.m.
16a. Resolution No. 183-2023 making findings and adopting the Initial Study/Mitigated Negative
Declaration (ND23-0005) for the Orange Memorial Park Aquatic Center in accordance with
Section 21080 of the California Public Resources Code and CEQA Guidelines Section 15070
et seq.
Motion – Vice Mayor Flores /Second – Councilmember Addiego: To approve Resolution No. 183-
2023 making findings and adopting the Initial Study/Mitigated Negative Declaration (ND23-0005)
for the Orange Memorial Park Aquatic Center in accordance with Section 21080 of the California
Public Resources Code and CEQA Guidelines Section 15070 et seq., by roll call vote: AYES:
Councilmembers Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS:
None; ABSENT: None; ABSTAIN: None
16b. Resolution No. 184-2023 making findings and approving a Design Review permit (DR23-
0037) for the new Aquatic Center at Orange Memorial Park within the Parks and Recreation
(P&R) Zoning District.
Motion – Councilmember Nagales /Second – Councilmember Nicolas: To approve Resolution No.
184-2023 making findings and approving a Design Review permit (DR23-0037) for the new Aquatic
Center at Orange Memorial Park within the Parks and Recreation (P&R) Zoning District., by roll call
vote: AYES: Councilmembers Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor
Coleman; NAYS: None; ABSENT: None; ABSTAIN: None
Public hearing opened: 8:04 p.m.
17. Report regarding applications for Master Plan, Precise Plan, Design Review, Use Permit,
Development Agreement, Transportation Demand Management Plan, and Vesting Tentative
Map to redevelop an existing 19-acre commercial site into a 1.65 million square foot life
science research and development campus and associated amenity uses in the east of 101 area
at Forbes Boulevard and Allerton Avenue in the Business Technology Park - High (BTP-H)
Zoning District and determination that the project is consistent with the 2040 General Plan
Environmental Impact Report (CEQA Guidelines Sections 15162, 15183) (Christy Usher,
Senior Planner)
Senior Planner Usher presented the report regarding the consideration of entitlements to redevelop an
existing commercial site into a Life Science Research and Development Campus east of the 101 area.
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REGULAR CITY COUNCIL MEETING DECEMBER 14, 2023
MINUTES PAGE 6
The Council engaged in questions and discussions regarding the potential development and
appropriate use of the area to include public safety and public amenities. The Council also expressed
their concerns regarding the TDM Plan and requested clarification. Deputy Director Rozzi and Chief
Planner Friedman provided clarification along with Chief Development Officer of Healthpeak
Properties, Scott Bone. Philip Rob and Alessandro Rozza, with Flad Architects along with David
Fletcher of Fletcher Studio provided a presentation to discuss the design of the proposed buildings.
City Attorney Woodruff provided an overview of potential changes to the proposed project and
advised the Council of the project implications. The council engaged in questions and received
responses from the staff and the applicant.
The following individuals provided public comments:
• Alison Harper, Bon Appétit
• Kyle, SSF Resident
City Attorney Woodruff stated that there would not be amendments to the conditions only changes to
the TDM if applicant is amendable to the changes proposed. After discussion and consideration, the
Council approved Resolution No. 186-2023 and introduced the Ordinance with the noted amendments
to reflect the project would be required to comply with a 50% TDM if parking structures one and two
were built. In addition, if the project constructs the third parking structure, then the project will be
required to comply with a 55% alternative mode use.
Public hearing closed: 9:29 p.m.
17a. Resolution No. 185-2023 making findings and determining that the environmental effects of
the construction of the Vantage Healthpeak Life Sciences Campus located at 420, 440, 460,
480 and 490 Forbes Boulevard, consisting of six buildings and three associated parking
structures, were sufficiently analyzed under the 2040 General Plan Environmental Impact
Report and no additional environmental analysis is needed pursuant to CEQA Guidelines
sections 15162 and 15183.
Motion – Councilmember Nicolas /Second – Vice Mayor Flores: To approve Resolution No. 185-
2023 making findings and determining that the environmental effects of the construction of the
Vantage Healthpeak Life Sciences Campus located at 420, 440, 460, 480 and 490 Forbes Boulevard,
consisting of six buildings and three associated parking structures, were sufficiently analyzed under
the 2040 General Plan Environmental Impact Report and no additional environmental analysis is
needed pursuant to CEQA Guidelines sections 15162 and 15183, by roll call vote: AYES:
Councilmembers Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS:
None; ABSENT: None; ABSTAIN: None
17b. Resolution No. 186-2023 making findings and approving entitlements for a Master Plan P22-
0117, Precise Plan P22-0138, Master Plan MP23-0002, Precise Plan PP23-0001, Design
Review DR22-0036, Use Permit UP22-0011, Transportation Demand Management Plan
TDM22-0009, and Vesting Tentative Map PM22-0002 to construct a new life sciences
campus on approximately 19 acres, located at 420, 440, 460, 480, and 490 Forbes Boulevard
in the Business and Technology Park - High (BTP-H) Zoning District with amendments.
Motion – Vice Mayor Flores /Second – Councilmember Nagales: To approve Resolution No. 186-
2023 making findings and approving entitlements for a Master Plan P22-0117, Precise Plan P22-
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REGULAR CITY COUNCIL MEETING DECEMBER 14, 2023
MINUTES PAGE 7
0138, Master Plan MP23-0002, Precise Plan PP23-0001, Design Review DR22-0036, Use Permit
UP22-0011, Transportation Demand Management Plan TDM22-0009, and Vesting Tentative Map
PM22-0002 to construct a new life sciences campus on approximately 19 acres, located at 420, 440,
460, 480, and 490 Forbes Boulevard in the Business and Technology Park - High (BTP-H) Zoning
District with amendments, by roll call vote: AYES: Councilmembers Nagales, Nicolas, and Vice
Mayor Flores, and Mayor Coleman; NAYS: Councilmember Addiego; ABSENT: None; ABSTAIN:
None
17c. Ordinance approving a Development Agreement (DA22-0005) between the City of South San
Francisco and HCP Forbes, LLC for the Vantage Campus Development Project in South San
Francisco, California with amendments.
Motion – Councilmember Nagales /Second – Councilmember Nicolas: To introduce an Ordinance
approving a Development Agreement (DA22-0005) between the City of South San Francisco and
HCP Forbes, LLC for the Vantage Campus Development Project in South San Francisco, California,
by roll call vote: AYES: Councilmembers Nagales, Nicolas, and Vice Mayor Flores, and Mayor
Coleman; NAYS: Councilmember Addiego; ABSENT: None; ABSTAIN: None
ADMINISTRATIVE BUSINESS
18. Report regarding a request from Rotary Plaza, Inc. for funding to support a newly proposed
affordable housing development, Rotary Gardens, located at 500 and 522 Linden and adoption
of 1) Resolution No. 187-2023 committing $1,633,172 to the project and 2) Resolution No.
188-2023 amending the City’s Permanent Local Housing Allocation 5-year plan. (Danielle
Thoe, Housing Manager)
Housing Manager Thoe presented a report requesting appropriation for funding of an affordable
housing development. Economic and Community Director Selander provided clarification regarding
concerns surrounding previous properties. Development Director of Beacon Development Peggy
Lictard and Bruce Wright with Rotary Club expressed their commitment to the project.
The Council expressed their concerns regarding locations for affordable housing and requested that
staff continue to explore opportunities to expand affordable housing in other districts for future
projects.
Motion – Councilmember Nagales /Second – Vice Mayor Flores: To approve Resolution NO. 187-
2023 committing $1,076,383 in Low/Mod-Income Housing Asset Funds (Fund 241) and $556,789 in
State Permanent Local Housing Allocation funds to the Rotary Gardens affordable housing
development project at 500 and 522 Linden and authorizing staff to negotiate loans effectuating the
commitment and Resolution No. 188-2023 amending Resolution 205-2022 authorizing the City of
South San Francisco to apply to the State of California to receive and administer the City’s entitlement
of Permanent Local Housing Allocation (PLHA) funds and to enter into all required agreements to
receive the PLHA funds, by roll call vote: AYES: Councilmembers Addiego, Nagales, Nicolas, and
Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None
22. Report regarding Resolution No. 189-2023 authorizing the acceptance of Bat Country, a
public art sculpture created and donated by Gwen Fisher and Paul Brown to be located at the
Orange Memorial Park Sports Field. (Greg Mediati, Parks and Recreation Director)
14
REGULAR CITY COUNCIL MEETING DECEMBER 14, 2023
MINUTES PAGE 8
Business Manager O’Brien presented the report regarding the acceptance of the donated public art
sculpture. Commissioner DeNatale provided information to explain the initial use of the sculpture.
The Council engaged in discussions and provided feedback regarding the placement of the sculpture.
Motion – Councilmember Nicolas /Second – Councilmember Nagales: To approve Resolution No.
189-2023 authorizing the acceptance of Bat Country, a public art sculpture created and donated by
Gwen Fisher and Paul Brown to be located at the Orange Memorial Park Sports Field, by roll call
vote: AYES: Councilmembers Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman;
NAYS: None; ABSENT: None; ABSTAIN: Councilmember Addiego
21. Report regarding first reading and introduction of an ordinance repealing and replacing
Chapter 9.04 Animal Licensing and Control of the South San Francisco Municipal Code.
(Rich Lee, Assistant City Manager)
Assistant City Manager Lee presented the report.
Motion – Councilmember Nicolas /Second – Councilmember Nagales: To introduce an Ordinance
repealing and replacing Chapter 9.04 Animal Licensing and Control of the South San Francisco
Municipal Code, by roll call vote: AYES: Councilmembers Addiego, Nagales, Nicolas, and Vice
Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None
19. Report regarding Resolution No. 190-2023 authorizing the City Manager to execute the
Second Amendment to the Purchase and Sale Agreement with Ensemble Investments, LLC
for the disposition of a City-owned property located at 367 Marina Boulevard (APN 015-011-
350) for a hotel development. (Tony Rozzi, Deputy Director, Economic and Community
Development Department).
Deputy Director Rozzi provided the report. The Council engaged in discussions and requested close
monitoring of the demand and revenue.
Motion – Councilmember Addiego /Second – Vice Mayor Flores: To approve Resolution No. 190-
2023 authorizing the City Manager to execute the Second Amendment to the Purchase and Sale
Agreement with Ensemble Investments, LLC for the disposition of a City-owned property located at
367 Marina Boulevard (APN 015-011-350) for a hotel development, by roll call vote: AYES:
Councilmembers Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS:
None; ABSENT: None; ABSTAIN: None
20. Report regarding Resolution No. 191-2023 awarding a construction contract to RK
Engineering, Inc. of San Francisco, California for the Highway Safety Improvement Program
(HSIP) - Curb Ramp Replacement Project (Project No. tr2202, Bid No. 2672) in an amount
not to exceed $676,580.00 for a total construction budget of $811,896.00, authorizing the City
Manager to execute the agreement on behalf of the City. (Audriana Hossfeld, Senior Civil
Engineer)
Senior Civil Engineer Hossfeld presented the report. The Council engaged in questions and
discussions surrounding traffic control.
Motion – Vice Mayor Flores /Second Councilmember Nicolas: To approve Resolution No. 191-2023
awarding a construction contract to RK Engineering, Inc. of San Francisco, California for the
15
REGULAR CITY COUNCIL MEETING DECEMBER 14, 2023
MINUTES PAGE 9
Highway Safety Improvement Program (HSIP) - Curb Ramp Replacement Project (Project No.
tr2202, Bid No. 2672) in an amount not to exceed $676,580.00 for a total construction budget of
$811,896.00, authorizing the City Manager to execute the agreement on behalf of the City, by roll
call vote: AYES: Councilmembers Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor
Coleman; NAYS: None; ABSENT: None; ABSTAIN: None
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
24. Council of Cities Proxy Designation and City Selection Committee Appointments. (James
Coleman, Mayor)
Mayor Coleman will attend the event and received direction from Council to nominate
Councilmember Flor Nicolas as alternate on the Domestic Violence Council, re-appointment of
Councilmember Mark Nagales to Transportation Authority (TA), and re-appointment of Eddie Flores
as Vice-Chair to the City Selection Committee.
Councilmember Addiego shared Star Bird is now our new neighbor at 988 El Camino Real.
Councilmember Nicolas shared there are volunteer opportunities available to participate in the
holiday food basket on December 18, 2023, at the Municipal Services Building and the Fernekes
Building.
Councilmember Nagales and Vice Mayor Flores wished everyone happy holidays.
CLOSED SESSION
Entered into Closed Session: 10:42 p.m.
25. Conference with real property negotiators
Property: 226-230 Grand Ave., 232-238 Grand Ave., and 240-246 Grand Ave
Agency negotiator: Nell Selander, ECD Director; Danielle Thoe, Housing Manager; Sky
Woodruff, City Attorney
Negotiating parties: Giffra Enterprises
Under negotiation: Price and terms
Resumed from Closed Session: 11:34 p.m.
ADJOURNMENT
Being no further business Mayor Coleman adjourned the City Council meeting at 11:35 p.m.
***
Adjourned in Memory of
Annalise Salas Jimenez, Gloria Raffaelli, Gervacio Castro, and Romeo Castro
***
Submitted by: Approved by:
Jazmine Miranda James Coleman
Assistant City Clerk Mayor
Approved by the City Council: / /
16
CALL TO ORDER Chair Coleman called the meeting to order at 7:34 p.m.
ROLL CALL Boardmember Addiego, present
Boardmember Nagales, present
Boardmember Nicolas, present
Vice Chair Flores, present
Chair Coleman, present
AGENDA REVIEW
No changes.
PUBLIC COMMENTS - comments are limited to items on the Special Meeting Agenda.
None.
ADMINISTRATIVE BUISNESS
1. Report regarding Resolution 02-2023 of the successor agency to the redevelopment agency of
the City of South San Francisco, reviewing and approving a recognized obligation payment
schedule and administrative budget for fiscal year 2024-25 (Karen Chang, Director of Finance)
Director Chang presented the report and introduced the Director of RSG, Suzy Kim. Director Kim
provided a presentation along with Deputy Director of Capital Project, Philip Vitale.
Motion—Boardmember Addiego/Second—Boardmember Nicolas: To approve Resolution No. 02-
2023 reviewing and approving a recognized obligation payment schedule and administrative budget
for fiscal year 2024-25, by the following roll call vote: AYES: Boardmembers Addiego, Nagales, and
Nicolas, Vice Chair Flores, and Chair Coleman; NAYS: None; ABSENT: None; ABSTAIN: None.
ADJOURNMENT
Being no further business Chair Coleman adjourned the meeting at 7:47 p.m.
Submitted: Approved:
Jazmine Miranda James Coleman
Assistant City Clerk of the Board Chair
Approved by the Successor Agency to the Redevelopment Agency: / /
MINUTES
SPECIAL MEETING
SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY
WEDNESDAY, DECEMBER 13, 2023
6:31 P.M.
Library Parks and Recreation Building
901 Civic Campus Way, South San Francisco, CA
17
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-20 Agenda Date:1/10/2024
Version:1 Item #:2.
Motion to approve re-appointments to the Parking Place Commission and Traffic Safety Commission.(Rosa
Govea Acosta, City Clerk)
RECOMMENDATION
Staff recommends that the City Council approve,by motion,the re-appointment of Commissioner
Brandon Chan to the Parking Place Commission/Traffic Safety Commission for a three-year term
expiring January 10,2028,and Commissioners David Carbone and Justin Yuen to the Traffic Safety
Commission to respective three-year terms, ending January 10, 2028.
BACKGROUND/DISCUSSION
The Parking Place Commission is comprised of three members,residents of South San Francisco appointed
by the City Council to serve three-year terms.Commissioners shall be limited to four consecutive terms.Three
of the members shall also serve as members of the Traffic Safety Commission during their respective terms.
The Commission meets monthly on the 2nd Tuesday at 5:00 p.m.
The Commission serves in an advisory capacity to the City Council in matters pertaining to acquiring,
administering,maintaining,operating,managing,and enforcing the rules governing parking spaces and parking
lots located within Parking District No.1,which encompasses most of the downtown business district.Exercise
powers are set forth in the Streets and Highways Code of the State of California.
The Traffic Safety Commission is comprised of five members,residents of South San Francisco appointed by
the City Council to serve three-year terms,terms shall be staggered and shall expire in even numbered years.
Commissioners shall be limited to four consecutive terms.Three of the members shall be members of the
Parking Place Commission as appointed by the City Council and two of the members shall be at large.The
Commission meets monthly on the 2nd Tuesday at 5:00 p.m. immediately after the Parking Place Commission.
The Commission shall serve as an advisory body to City staff on matters relating to traffic facilities and planning.
The fundamental responsibility of the Traffic Safety Commission shall be to advise and make recommendations to
City staff on policy,programming,improvements,operation,and maintenance of traffic facilities throughout the
City.
As indicated in the newly adopted City Council Handbook,incumbents were notified on November 15,2023,
of their upcoming term expirations and have confirmed their continued interest in serving on the Commission.
Below is a list of incumbents eligible for re-appointment.
Parking Place Commission/Traffic Safety Commission
Brandon Chan Commissioner Chan was appointed on August
29, 2023, for a partial term ending December
31, 2023.
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File #:24-20 Agenda Date:1/10/2024
Version:1 Item #:2.
Traffic Safety Commission
David Carbone Commissioner Carbone was
appointed on April 27, 2022, for a partial term
ending December 31, 2023.
Justin Yuen Commissioner Yuen was appointed on February
10, 2020, to a term ending December 31, 2023.
FISCAL IMPACT
There is no fiscal impact associated with this action.
CONCLUSION
Staff recommends that the City Council approve,by motion,the re-appointment of Commissioner Brandon
Chan to the Parking Place Commission/Traffic Safety Commission for a three-year term expiring January 10,
2028,and Commissioners David Carbone and Justin Yuen to the Traffic Safety Commission to respective three-
year terms, ending January 10, 2028.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-458 Agenda Date:1/10/2024
Version:1 Item #:3.
Motion to accept the construction improvements of the FY 2022-23 CDBG Curb Ramp Replacement Project
(st2304) in accordance with the project’s plans and specifications.(Angel Torres, Senior Civil Engineer).
RECOMMENDATION
It is recommended that the City Council,by motion,accept the construction improvements of the FY
2022-23 CDBG Curb Ramp Replacement Project in accordance with plans and specifications (Total
construction cost $249,974.12).
BACKGROUND/DISCUSSION
On January 25,2023,the City Council of South San Francisco awarded the Community Development Block
Grant (CDBG) - Curb Ramp Replacement Project to Mercoza of San Jose, California.
The CDBG -Curb Ramp Replacement Project installed Americans with Disability Act (ADA)compliant
concrete curb ramps at approximately 17 locations within CDBG-eligible service areas and ahead of the
rubberized pavement rehabilitation project.ADA-compliant curb ramp installations were located at the
intersection of Eucalyptus Avenue/Almond Avenue,Eucalyptus Avenue/Cottonwood Avenue,Eucalyptus
Avenue/Palm Avenue,Spruce Avenue/Third Lane,Walnut Avenue/Tamarack Lane,Hawthorne Place/California
Avenue, and Olive Avenue/Armour Avenue as identified in the attached vicinity map (Attachment 1).
The work completed consisted of replacing existing concrete curb ramps with ADA-compliant curb ramps,
replacing sections of existing fractured or settled concrete valley gutter,replacing existing fractured or settled
curb and gutter,and reinstalling traffic striping and pavement markings removed as part of the concrete work;
all within the limits of the rubberized pavement rehabilitation work.
The Engineering Division inspected the work and found the project to be complete in accordance with the
contract documents as of August 18,2023.This staff report includes the project location map and construction
photos as Attachments 1 and 2, respectively.
FISCAL IMPACT
This project (No.st2304)is included in the City of South San Francisco’s fiscal year 2022-23 Capital
Improvements Program. There are sufficient funds in FY 2022-23 to cover the total construction contract costs.
The total construction cost incurred for the project is summarized as follows:
Projected Actual
Construction Contract $197,860.40 $186,492.13
Construction Contingency $ 52,139.60 $ 63,482.00
Total Construction Budget $250,000.00 $249,974.12
RELATIONSHIP TO STRATEGIC PLAN
Approval of this action will contribute to the City’s Strategic Plan Priority Area 2,Quality of Life Initiative 2.2,
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File #:23-458 Agenda Date:1/10/2024
Version:1 Item #:3.
by rehabilitating existing streets and curb ramps and helping maintain existing City infrastructure.
CONCLUSION
Staff recommends acceptance of the project as complete.Upon approval,a Notice of Completion will be filed
with the County of San Mateo Recorder’s office.At the end of the thirty-day lien period,the retention funds
will be released to the contractor after the City receives a one-year warranty bond.
Attachments:
1.Project Location Map
2.Pre & Post Construction Photos
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ATTACHMENT 1
VICINITY MAP
ADA COMPLIANT CURB RAMP INSTALLATION LOCATIONS
CITY OF SOUTH SAN FRANCISCO, CDBG PROJECT st2304
22
Attachment 2 - Walnut Ave and Tamarack Lane
Curb Ramp & Driveway Improvements
AfterBefore
23
Attachment 2 - Walnut Ave and Tamarack Lane
Curb Ramp & Driveway Improvements
AfterBefore
24
Attachment 2 - Walnut Ave and Tamarack Lane
Curb Ramp & Driveway Improvements
AfterBefore
25
Attachment 2 - Walnut Ave and Tamarack Lane
Curb Ramp & Driveway Improvements
AfterBefore
26
Attachment 2 - California Ave and Hawthorn Lane
Curb Ramp & Driveway Improvements
AfterBefore
27
Attachment 2 - California Ave and Hawthorn Lane
Curb Ramp & Driveway Improvements
AfterBefore
28
Attachment 2 - Olive Ave and Armour Ave
SE Curb Ramp Improvements
AfterBefore
29
Attachment 2 - Olive Ave and Armour Ave
NE Curb Ramp Improvements
AfterBefore
30
Attachment 2 - Olive Ave and Armour Ave
West Curb Ramp Improvements
AfterBefore
31
Attachment 2 - Spruce Ave and 3rd Lane
Curb Ramp & Driveway Improvements
AfterBefore
32
Attachment 2 - Spruce Ave and 3rd Lane
Curb Ramp & Driveway Improvements
AfterBefore
33
Attachment 2 - Eucalyptus Ave and Almond Ave
NE Corner Curb Ramp Improvements
AfterBefore
34
Attachment 2 - Eucalyptus Ave and Almond Ave
SE Corner Curb Ramp Improvements
AfterBefore
35
Attachment 2 - Eucalyptus Ave and Cottonwood Ave
NE Corner Curb Ramp Improvements
AfterBefore
36
Attachment 2 - Eucalyptus Ave and Cottonwood Ave
SE Corner Curb Ramp Improvements
AfterBefore
37
Attachment 2 - Eucalyptus Ave and Palm Ave
NE Corner Curb Ramp Improvements
AfterBefore
38
Attachment 2 - Eucalyptus Ave and Palm Ave
NE Corner Curb Ramp Improvements
AfterAfter
39
Attachment 2 - Eucalyptus Ave and Palm Ave
SE Corner Curb Ramp Improvements
AfterBefore
40
Attachment 2 - Eucalyptus Ave and Palm Ave
SE Corner Curb Ramp Improvements
AfterAfter
41
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1013 Agenda Date:1/10/2024
Version:1 Item #:4.
Report regarding a resolution approving a professional services agreement with Dell Marketing LP for the
procurement and installation of server hardware in an amount not to exceed $253,394 and authorizing the City
Manager to execute the agreement.(Tony Barrera, Director of Information Technology Department)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a professional services agreement
with Dell Marketing LP for the procurement and installation of new server hardware in an amount not
to exceed $253,394 and authorizing the City Manager to execute the agreement.
BACKGROUND/DISCUSSION
The City of South San Francisco’s main server infrastructure environment that hosts critical data and
applications is seven years old and has reached its end of life.The City server infrastructure provides database
applications,file and print services,and other resources for City staff.To continue to provide a robust
environment, the server equipment needs to be replaced before reliability is compromised.
The City’s Information Technology (IT)Department staff requested a quote from Dell Marketing for the
replacement of the primary and secondary server clusters.Dell provided a quote for $253,394,which includes
installation of the new hardware,operating system software,configuration,and data migration services.The
new environment will provide an overall better performance for on premise application and data retrieval.
Staff recommends the use of the National Association of State Procurement Officials (“NASPO”)ValuePoint
Cooperative Purchasing Program for this equipment purchase.NASPO ValuePoint is a non-profit organization
created to pursue cooperative contracting opportunities and conduct competitive solicitations through the
development of multi-state sourcing teams following the procurement laws of the state chosen to lead the
procurement.The sourcing teams develop the request for proposals,evaluate responses,and recommend award
to the NASPO ValuePoint board.Once awarded,master agreements are available to all states,their political
subdivisions,and other eligible entities.The State of California utilizes the NASPO cooperative purchase
scheme through the execution of a Participating Addendum Agreement.
Cooperative purchase programs allow the City to “piggyback”on other agency’s bid processes to take
advantage of already contracted low prices.Per South San Francisco Municipal Code Section 4.04.040(b),the
City may enter into a “piggyback”agreement if the contract terms are valid and have been negotiated by
another governmental agency using a quote or bid process that substantially conforms to the procedures
established by state law and the City’s purchasing ordinance.Staff and the City Attorney have reviewed the
processes and procedures for NASPO/state participating addendums and found them to be in compliance with
City purchasing procedures.
FISCAL IMPACT
The server equipment totals $253,394 and is appropriated as part of equipment replacement in Fiscal Year 2023
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File #:23-1013 Agenda Date:1/10/2024
Version:1 Item #:4.
-24.
RELATIONSHIP TO STRATEGIC PLAN
This effort aligns with Priority #2 which is focused on enhancing quality of life.
CONCLUSION
The City’s primary and secondary server environments are seven years old and have reached end of life.To
continue to ensure reliability,the City’s IT staff recommend replacing the hardware with up-to-date technology
by approving a professional services agreement with Dell Marketing LP for the procurement and installation of
new server hardware in an amount not to exceed $253,394 in order to provide better performance and an
increase in capacity for the next five to seven years.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1014 Agenda Date:1/10/2024
Version:1 Item #:4a.
Resolution approving a Professional Services Agreement with Dell Marketing L.P.for the procurement and
installation of server hardware in the amount not to exceed $253,394 and authorizing the City Manager to
execute the agreement.
WHEREAS,the City of South San Francisco’s (“City”)current main server equipment that hosts critical data
and applications is seven years old and has reached the end of its life and must be replaced before reliability is
compromised; and
WHEREAS,upon request,the City’s Information Technology (IT)Department staff received a quote from Dell
Marketing L.P.in an amount not to exceed $253,394 for the replacement of the primary and secondary server
clusters; and
WHEREAS,the City and Dell Marketing L.P.wish to enter into a Professional Services Agreement whereby
City shall purchase server equipment from Dell Marketing L.P.and Dell Marketing L.P.will provide and
configure software, migrate data, install server equipment and operating system software; and
WHEREAS,under SSF Municipal Code section 4.04.040(b),the City may piggyback on the already contracted
low prices of other governmental agencies if the contract terms are valid and have been negotiated by another
governmental agency using a quote or bid process that substantially conforms to the procedures established by
state law and the City’s purchasing ordinance; and
WHEREAS,the National Association of State Procurement Officials (“NASPO”)is a non-profit organization
created to pursue cooperative contracting opportunities and conduct competitive solicitations through the
development of multi-state sourcing teams following the procurement laws of the state chosen to lead the
procurement; and
WHEREAS,City staff have reviewed the processes and procedures for NASPO/state participating addendums
and found them to be in compliance with City purchasing procedures; and
WHEREAS,the City may piggyback on the NASPO Valuepoint Cooperative Purchasing Program for this
equipment purchase,specifically the California Participating Addendum No.7-15-70-34-003 and Minnesota
Master Agreement MNWNC-108; and
WHEREAS,the new server will host critical data and applications while providing overall better performance
for on premise application and data retrieval.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco:
1.The foregoing recitals are true and correct and incorporated herein by reference as the City’s findings
and determinations in support of the adoption of this Resolution.
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File #:23-1014 Agenda Date:1/10/2024
Version:1 Item #:4a.
2.The Professional Services Agreement between the City of South San Francisco and Dell Marketing L.P.
in substantially the same form attached hereto as Exhibit A,in an amount not to exceed $253,394 for
server equipment, related software, and installation, is hereby approved.
3.The City Manager is hereby authorized to enter into and execute on behalf of the City Council the
Professional Services Agreement,in substantially the same form attached hereto as Exhibit A,to make
any non-material revisions,amendments,or modifications that do not increase the City’s obligations
and deemed necessary to carry out the intent of this Resolution,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.
4.This resolution shall take effect immediately upon adoption.
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Internal Use - Confidential
PURCHASE AGREEMENT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND DELL MARKETING L.P.
These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation,
training, and/or minor services and repairs described in this Purchase Agreement (“Purchase Agreement”) by Dell
Marketing L.P. (“Vendor”) for the City of South San Francisco (“City”). Vendor and City are collectively referred to in this
Purchase Agreement as “the Parties.”
1.Time of Performance. This Purchase Agreement shall commence effective as of the date that the parties have fully
executed this Purchase Agreement and shall continue as specified in vendor’s quotes attached as Exhibit B (such quotes
referred to herein as the “Quotes,” and products and services referenced in the Quotes are referred to as “Products” and
/or “Services”).
2.Contract Terms. This Purchase Agreement is comprised of this document and the following, which are incorporated
herein by reference and form a part of this Purchase Agreement:
•California Participating Addendum No. 7-15-70-34-003 and Minnesota WSCA-NASPO Master Agreement
Number MNWNC-108 with Dell Marketing L.P. effective as of April 1, 2015 (the “NASPO Contract”),
attached as Exhibit A; and
•The Quotes attached as Exhibit B.
In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the
terms of the main body of this Purchase Agreement shall apply.
3.Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services based on Exhibit B
and additional invoices or quotes issued by Vendor and approved by City, subject to a not to exceed amount set forth
hereunder. The total compensation for Products and/or Services performed under this Purchase Agreement is not to
exceed Two Hundred Fifty-Three Thousand, Three Hundred Ninety-Three Dollars and Seventy-Three Cents
($253,393.73).
4.Payment Terms . City shall pay Vendor’s invoices in full within 45 days after the date of the invoice, with
interest accruing after the due date at the lesser of 1.5% per month or the highest lawful rate. In case of City’s default in
payment Vendor shall, until arrangements as to payment or credit have been established, be entitled to: (i) cancel or
suspend its performance of such order and/or (ii) withhold performance under this Purchase Agreement.
5.Insurance. Before beginning any installation work and continuing throughout the term of this Purchase Agreement,
Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has
obtained and maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION
DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual
aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverag e. The
policy shall also include coverage for liability ar ising out of the use and operation of any City-owned or City-furnished
equipment used or operated by the Vendor, its personnel, agents or subcontractors .
The Commercial General Liability policy shall be written on an occurrence basis and shall name the C ity Indemnitees
as additional insureds with any City insurance as respects insurable liabilities assumed under this Purchase Agreement
shall be secondary and in excess to Vendor’s insurance. If the Vendor’s insurance policy includes a self-insured
retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of
providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to
satisfy the self-insured retention, such provisions must be modified by special endorsement so as to no t apply to the
additional insured coverage required by this agreement so as to not prevent any of the parties to th is agreement from
satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability.
The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and
executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding.
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6. Prevailing Wage. If Prevailing Wages are applicable in carrying out the Terms of this Purchase Agreement in
accordance with California law, 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 L abor Code Section 1770,
et seq. Each laborer, worker or mechanic employed by Vendor or by any subcontractor shall receive the wages herein
provided for. The Vendor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section
1775, as may be amended, per day penalty for each worker paid less th an prevailing rate of per diem wages. The
difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Vendor
to each worker.
An error on the part of an awarding body does not relieve the Vendor from responsibility for payment of the prevailing
rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City will not recognize any
claim for additional compensation because of the payment by the Vendor for any wage rate in excess of prevailing
wage rate set forth. The possibility of wage increases is one of the elements to be consider ed by the Vendor.
A. Posting of Schedule of Prevailing Wage Rates and Deductions. Where this Section 6 is applicable and if the
schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Vendor shall post
at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for
the various classes of laborers and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actua lly earned by the laborers and mechanics so
engaged.
B. Payroll Records. Where this Section 6 is applicable, each Vendor and subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, wo rk week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by the Vendor in connection with the public work. Such
records shall be certified and submitted weekly as required by Labor Code Section 1776.
7. 12. Payment of Employment Taxes; Tax Withholding. Vendor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax
withholding, Vendor must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), a s may be
amended and such Form 590 shall be attached hereto and incorporate d herein as Exhibit C. Unless Vendor provides
City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may
withhold California taxes from payments to Vendor as required by law. Vendor shall obtain and maintain on file for
three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exempti ons or waivers)
from all subcontractors. Vendor accepts sole responsibility for withholding taxes from any non-California resident
subcontractor and shall submit written documentation of compliance with Vendor’s withholding duty to City upon
request.
8. Termination. A termination for convenience shall only be permitted if expressly agreed between the parties. Either
party may terminate this Purchase Agreement for material breach by the other party if such other party has failed to
cure such breach within a reasonable grace period of no less than 30 days as set forth by the other party in writing. In
the event of termination, the City will pay the Vendor for Products and/or Services accepted in accordance with this
Purchase Agreement prior to the date of termination.
9. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding
(including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such
a proceeding shall be entitled to recover its reasonable atto rney’s fees associated with that legal action or proceeding.
10. 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, re turn receipt
requested. In each case notice shall be sent to the respective Parties as f ollows:
47
Page 3 of 3
[Rev:11/14/2016]
Internal Use - Confidential
Vendor:
Dell Marketing L.P. (“Dell”)
One Dell Way
Round Rock, Texas 78682
Legal Notices: Dell_Legal_Notices@Dell.com
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
11.Assignment, Governing Law. Neither party may assign, transfer, or novate this Purchase Agreement without the other
party’s written approval, which shall not be unreasonably withheld. Notwithstanding the foregoing: (i) Vendor may use
affiliates or other qualified subcontractors to perform it obligations hereunder, provided that the relevant party sh all
remain responsible for the performance thereof; and (ii) either party may assign rights to payments arising without
consent of the other party. This Purchase Agreement is governed by California law. The jurisdiction for any litigation
arising from this Purchase Agreement shall be in the state of California an d shall have venue in the County of San
Mateo.
12.Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not
affect the validity of the remaining portions of this Purchase Agreement.
13.Entire Agreement. This Agreement, including the documents referenced in Section 2, represents the entire and
integrated agreement between the Parties. This Purchase Agreement may be modified or amended only by a subsequent
written agreement signed by both Parties.
14.Execution in Counterpart. This Agreement may be executed in counterparts and/or b y facsimile or other electronic
means, and when each Party has signed and delivered at least one such counterpart, ea ch counterpart shall be deemed
an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be
binding upon and effective as to all Parties.
CITY OF SOUTH SAN FRANCISCO DELL MARKETING L.P.
A Municipal Corporation
By:___________________________ By:___________________________
Sharon Ranals, City Manager
Date: __________________________ Date: _________________________
Approved as to Form:
__________________________
City Attorney Date
2729963.1
48
PARTICIPATING ADDENDUM
NASPO ValuePoint Cooperative Purchasing Program
COMPUTER EQUIPMENT MASTER AGREEMENT
Minnesota Master Agreement No.: MNWNC-108
California Participating Addendum No. 7-15-70-34-003
DELL MARKETING, L.P. (Contractor)
This Participating Addendum Number 7-15-70-34-003 is entered into between the State of
California, Department of General Services (hereafter referred to as "State" or "DGS") and Dell
Marketing, L.P. (hereafter referred to as "Contractor") under the NASPO ValuePoint
Cooperative Purchasing Program Master Agreement Number MNWNC-1 08 ("Master
Agreement") executed by the State of Minnesota.
1. Scope
A. This Participating Addendum covers the purchase of Computer Equipment under the
Master Agreement for the following product bands:
Band 1 -Desktop
Band 2 -Laptop
Band 3-Tablet
Band 4 -Server
Band 5 -Storage
B. This Participating Addendum is available for use by California political subdivisions/local
governments (hereafter referred to as "Purchasing Entities"). A political subdivision/local
government is defined as any city, county, city and county, district, or other local
governmental body or corporation, including the California State Universities (CSU) and
University of California (UC) systems, K-12 schools and community colleges empowered
to expend public funds.
C. Political subdivision/local government use of this Participating Addendum is optional. Each
political subdivision/local government is to make its own determination whether this
Participating Addendum and the Minnesota Master Agreement are consistent with its
procurement policies and regulations.
D. Participating Entities may enter into lease agreements for the products covered in the
Master Agreement, if they have the legal authority to enter into these types of agreements.
2. Term
A. The term of this Participating Addendum shall begin upon signature approval by the
State and will end March 31, 2017, or upon termination by the State, whichever
occurs first.
B. Lead State amendments to extend the Master Agreement term date are
automatically incorporated into this Participating Addendum unless terminated early
in accordance with the terms and conditions of the Master Agreement or this
Participating Addendum.
Page 1 of6
Exhibit A
49
3. Order of Precedence
Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.
In the event of any inconsistency between the articles, attachments, or provisions which
constitute this agreement, the following descending order of precedence shall apply:
A. California Participating Addendum 7-15-70-34-003
B. Minnesota WSCA-NASPO Master Agreement MNWNC-1 08
4. Terms and Conditions
The California General Provisions-Information Technology (GSPD4011T), revised and
effective 09/5/14, is hereby incorporated by reference and made a part of this Participating
Addendum. The 12 page document is available at:
http://www.documents.dgs.ca.gov/pd/poliproc/GSPD4011T14_0905.pdf.
5. Price List
Contractor shall maintain a website dedicated to this Participating Addendum which contains
the Product and Service Schedule (PSS) and designated base line price list for participating
entities to verify product/service pricing and applicable discounts offered under the Master
Agreement.
6. Partner Utilization
A. Contractor may use Partners under this Participating Addendum for sales and service
functions as defined herein. Each Purchasing Entity will determine whether use of
Partners is consistent with its procurement policies and regulations.
B. Contractor shall be responsible for successful performance and compliance with all
requirements in accordance with the terms and conditions under this Participating
Addendum, even if work is performed by Partners. ·
C. Contractor will be the sole point of contact with regard to Participating Addendum
contractual matters, reporting, and administrative fee requirements.
D. Partners are classified as follows:
1) "Authorized Reseller"
a. Authorized Resellers may provide quotes, accept purchase orders, fulfill
purchase orders, perform maintenance/warranty services and accept payment
from ordering agencies for products and associated services offered under this
Participating Addendum.
b. Authorized Resellers are responsible for sending a copy of all purchase orders
and invoices to the Contractor for compliance with quarterly usage reporting and
administrative fee requirements.
c. All purchase documents to Authorized Resellers shall reference the Participating
Addendum Number.
d. If applicable, Authorized Reseller(s) under this Participating Addendum will be
listed on the Contractor's dedicated website.
Page 2 of6
50
2) "Agent"
Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.
a. Agents are only authorized to provide quotes, sales assistance, configuration
guidance and ordering support for products and associated services offered
under this Participating Addendum.
·b. Agents are not authorized to accept orders or payments.
c. If applicable, Agent(s) under this Participating Addendum will be listed on the
Contractor's dedicated website.
7. Invoicing
The Participating Addendum Number arid Ordering Agency Purchase Order Number shall
appear on each purchase order and invoice for all purchases placed under this Participating
Addendum.
8. Usage Reporting
A. Contractor shall submit usage reports on a quarterly basis to the State Contract
Administrator for all California entity purchases using the WSCA-NASPO Detailed Sales
report template.
B. The report is due even when there is no activity.
C. The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox
at PDWSCA@dgs.ca.gov.
D. Any report that does not follow the required format or that excludes information will be
deemed incomplete. Contractor will be responsible for submitting corrected reports
within five business days of the date of written notification from the State ..
E. Tax must not be included in the report, even if it is on the purchase order.
F. Reports are due for each quarter as follows:
Reporting Period Due Date
JUL 1 to SEP30 OCT31
OCT 1 to DEC 31 JAN 31
JAN 1 to MAR31 APR30
APR 1 to JUN 30 JUL 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall
constitute grounds for suspension of this contract.
Page 3 of 6
51
9. Administrative Fee
Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.
A. Contractor shall submit a check, payable to the State of California, remitted to the
Department of General Services, Procurement Division for the calculated amount equal
to one percent (0.01) of the sales for the quarterly period.
B. Contractor must include the Participating Addendum Number on the check. Those
checks submitted to the State without the Participating Addendum Number will be
returned to Contractor for additional identifying information.
C. Administrative fee checks shall be submitted to:
State of California
Department of General Services, Procurement Division
Attention: Multiple Awards Program
707 3rd Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
D. The administrative fee shall not be included as an adjustment to Contractor's Master
Agreement pricing.
E. The administrative fee shall not be invoiced or charged to the ordering agency.
F. Payment of the administrative fee is due irrespective of payment status on orders or
service contracts from a Purchasing Entity.
G. Administrative fee checks are due for each quarter as follows:
Reporting Period Due Date
JUL 1 to SEP 30 OCT31
OCT 1 to DEC 31 JAN 31
JAN 1 to MAR 31 APR30
APR 1 to JUN 30 JUL 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall
constitute grounds for suspension of this contract.
10. Contract Management
A. The primary contact individuals this Participating Addendum shall be as follows:
Contractor
Name: Amanda Hudson
Phone: (512) 723-6806
Fax: (512) 283-2691
E-Mail: Amanda Hudson@Dell.com
Address: One Dell Way, Mailstop RR1-33 Legal
Round Rock, Texas 78682
Page 4 of6
52
., Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.
State Contract Administrator
Name: Julie Matthews
Phone: (916) 375-4612
Fax: (916) 375-4663
E-Mail: Julie.Matthews@dgs.ca.gov
Address: Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
B. Should the contact information for either party change, the party will provide written
notice with updated information no later than ten business days after the change.
11. Termination of Agreement
The State may terminate this Participating Addendum at any time upon 30 days prior written
notice to the Contractor. Upon termination or other expiration of this Participating
Addendum, each party will assist the other party in orderly termination of the Participating
Addendum and the transfer of all assets, tangible and intangible, as may facilitate the
orderly, nondisrupted business continuation of each party. This provision shall not relieve
the Contractor of the obligation to perform under any purchase order or other similar
ordering document executed prior to the termination becoming effective.
12. Agreement
A. This Participating Addendum and the Master Agreement together with its exhibits and/or
amendments, set forth the entire agreement between the parties with respect to the
subject matter of all previous communications, representations or agreements, whether
oral or written, with respect to the subject matter hereof. Terms and conditions
inconsistent with, contrary or in addition to the terms and conditions of this Participating
Addendum and the Master Agreement, together with its exhibits and/or amendments,
shall not be added to or incorporated into this Participating Addendum or the Master
Agreement and its exhibits and/or amendments, by any subsequent purchase order or
otherwise, and any such attempts to add or incorporate such terms and conditions are
hereby rejected. The terms and conditions of this Participating Addendum and the
Master Agreement and its exhibits and/or amendments shall prevail and govern in the
case of any such inconsistent or additional terms.
B. By signing below Contractor agrees to offer the same products/and or services as on the
Master Agreement, at prices equal to or lower than the prices on that contract.
C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of
the date of execution by both parties below.
Page 5 of 6
53
Participating State:
STATE OF CALIFORNIA
By: c~ 6/c:r~
Name: Jim Butler
Title: Deputy Director
Date: \ () ( ( J\S:
Participating Addendum No. 7-15-70-34-003
Dell Marketing, L.P.
Contractor:
DELL MARKETING, L.P.
By:
Name:
Title:
Date:
Page 6 of6'
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Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529
Amendment No. 7 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 7 TO NASPO MASTER AGREEMENT NO. MNWNC-108
THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration
Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 or
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April
1, 2015, through October 31, 2023
WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and
WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual
agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-108 is extended through January 31, 2024, at the same prices, terms,
and conditions.
This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect
through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1.Dell Marketing L.P.
The Contractor certifies that the appropriate person(s) have
executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or
ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
Title:
Date:
2.Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Title: Acquisition Management Specialist
Date:
3. Commissioner of Administration
Or delegated representative.
By:
Date:
89
A
5,000,000
03/01/2024
6547039
X
WC015824827 (WI)
SEA-003602963-65
1,000,000
20,000,000
WC015824826 (CA)
X
19399
20,000,000
(Claims Made)SIR: $20,000,000
SAN FRANCISCO, CA 94111
N
03/01/2023
X03/01/2023
03/01/2024
06/01/2023
B
03/01/2024
6890179 (AOS)
Professional E&O/
B
10,000,000
5,000,000
X
15792
AIU Insurance Co
1,000,000
X
C
X
09/22/2023
03/01/2023
15,000,000
03/01/2023
The above referenced Errors and Omissions policy shall include technology/professional liability, and data protection liability (cyber liability) insurance providing protection against: (a) errors and omissions in the
performance of professional services; (b) breaches of security; (c) violation or infringement of any right of privacy, breach of federal, state, or foreign security and/or privacy laws or regulations; and (d) data
X
03/01/2023
One Dell Way - RR1-50
Round Rock, TX 78682-7000
Dell Technologies Inc.
theft,damage, destruction, or corruption.
A
B
Lloyd's of London-Syndicate 2623/623 at Lloyd's
CN101640193-STND-GAWUE-23-
Each Claim/Aggregate
10,000
03/01/2024
5,000,000
34543547
03/01/2024
Technology Errors & Omissions
B
6890178 (MA)
10,000,000
19445
5,000,000
1,000,000
06/01/2024
WC015824825 (AOS)
FOUR EMBARCADERO CENTER, SUITE 1100
MARSH RISK & INSURANCE SERVICES
X
CALIFORNIA LICENSE NO. 0437153
Attn: SanFrancisco.Certs@marsh.com / FAX 212-948-0398
and all Subsidiaries
Dell Technologies Inc.
Round Rock, TX 78682
One Dell Way - RR1-50
X
B0509FINPT2350059
03/01/2023
and all Subsidiaries
X
X
03/01/2023
A
03/01/2024
03/01/2024
National Union Fire Ins Co Pittsburgh PA
90
Deductible: $5,000,000
Expiration Date: 10/29/2023
Limit: $25,000,000
Great American Insurance Company
CRIME
Effective Date: 10/29/2022
Policy #: SAA E3917780400
MARSH RISK & INSURANCE SERVICES and all Subsidiaries
Dell Technologies Inc.
Round Rock, TX 78682
One Dell Way - RR1-50
91
A quote for your consideration
Based on your business needs, we put the following quote together to help with your
purchase decision. Below is a detailed summary of the quote we’ve created to help you with
your purchase decision.
To proceed with this quote, you may respond to this email, order online through your
Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No.3000169899068.3
Total $253,393.73
Customer #5513107
Quoted On Jan. 02, 2024
Expires by Jan. 26, 2024
Contract Name Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement #MNWNC-108 / 7-15-70-34-
003
Solution ID 18498059.8
Deal ID 25272246
Sales Rep Alex Gutierrez
Phone (800) 456-3355, 6179809
Email Alex_Gutierrez@Dell.com
Billing To CITY OF SOUTH SAN FRANCISCO
CITY OF SOUTH SAN FRANCISCO
400 GRAND AVE
SOUTH SAN FRANCISCO, CA
94080-3698
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order.
Thank you for shopping with Dell!
Regards,
Alex Gutierrez
Shipping Group
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080-
3725
(650) 829-3923
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
XC650 - Prod $21,509.13 4 $86,036.52
Non-tied Enterprise Deployment Services -
[DELLSTAR_1211]
$8,623.50 1 $8,623.50
PowerSwitch S4128 - Prod $11,645.55 2 $23,291.10
Page 1
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
92
XC450 - DR $10,160.10 3 $30,480.30
CS-CITY OF SOUTH SAN FRANCISCO-SW-NCI-D-STR-PR-
SUB NCI-D STARTER AND PROD SW LICS SUP SVC FOR 1
CPU CORE
$654.93 96 $62,873.28
CS-CITY OF SOUTH SAN FRANCISCO-TERM-MONTHS-
TERM IN MONTHS LICS
$0.01 36 $0.36
CS-CITY OF SOUTH SAN FRANCISCO-SW-NCI-D-STR-PR-
SUB NCI-D STARTER AND PROD SW LICS SUP SVC FOR 1
CPU CORE
$654.93 48 $31,436.64
CS-CITY OF SOUTH SAN FRANCISCO-TERM-MONTHS-
TERM IN MONTHS LICS
$0.01 36 $0.36
Subtotal:
Shipping:
Environmental Fee:
Non-Taxable Amount:
Taxable Amount:
Estimated Tax:
Total:
$242,742.06
$0.00
$0.00
$134,876.81
$107,865.25
$10,651.67
$253,393.73
Special pricing may be available for qualified customers. Please contact your DFS Sales Representative for details.
Page 2
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
93
Shipping Group Details
Shipping To
JOANNA DAWSON
CITY OF SOUTH SAN FRANCISCO
329 MILLER AVE
SOUTH SAN FRANCISCO, CA 94080-
3725
(650) 829-3923
Shipping Method
Standard Delivery
Unit Price Quantity Subtotal
XC650 - Prod
Estimated delivery if purchased today:
Jan. 16, 2024
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$21,509.13 4 $86,036.52
Description SKU Unit Price Quantity Subtotal
***DELL HARDWARE SUPPORT MAY EXCEED NUTANIX
SOFTWARE SUPPORT. HARDWARE QUOTE ONLY. DOES NOT
INCLUDE NUTANIX LICENSING***
379-BEFZ
-
4 -
10x2.5 Front Storage 379-BEID -4 -
SAS/SATA/NVMe Capable Backplane 379-BDSW -4 -
2 CPU Configuration 379-BDST -4 -
Dell EMC XC650 Core Base 210-BBHO -4 -
Nutanix OS for ESXI 7.0 634-BXYF -4 -
Trusted Platform Module 2.0 V3 461-AAIG -4 -
2.5" Chassis with up to 10 Hard Drives (SAS/SATA) including max of
4 Universal Drives, 3 PCIe Slots, 2 CPU 321-BGHI -4 -
Intel Xeon Gold 5317 3G, 12C/24T, 11.2GT/s, 18M Cache, Turbo, HT
(150W) DDR4-2933 338-CBWN -4 -
Intel Xeon Gold 5317 3G, 12C/24T, 11.2GT/s, 18M Cache, Turbo, HT
(150W) DDR4-2933 338-CBWN -4 -
Additional Processor Selected 379-BDCO -4 -
Heatsink for 2 CPU configuration (CPU less than or equal to 165W)412-AAVP -4 -
Performance Optimized 370-AAIP -4 -
3200MT/s RDIMMs 370-AEVR -4 -
No RAID 780-BCDI -4 -
Dell HBA355i Controller Front 405-AAXY -4 -
Front PERC Mechanical Parts, rear load 750-ACFQ -4 -
XC650 Core-10 QR Label 389-DZRO -4 -
Performance BIOS Settings 384-BBBL -4 -
UEFI BIOS Boot Mode with GPT Partition 800-BBDM -4 -
4 High Performance Fans for 2 CPU 750-ADIH -4 -
Dual, Hot-plug, Power Supply Redundant (1+1), 1400W, Mixed Mode,
NAF 450-AIQZ -4 -
Riser Config 0, 2CPU, Half Length, Low Profile, 3 x16 Slots, SW GPU
Capable 330-BBRP -4 -
PowerEdge R650 Motherboard with Broadcom 5720 Dual Port 1Gb
On-Board LOM 329-BFGQ -4 -
Page 3
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
94
iDRAC9,Enterprise 15G 385-BBOT -4 -
Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 540-BCOC -4 -
Bezel, Standard, XC650 325-BEFX -4 -
BOSS-S2 controller card + with 2 M.2 480GB (RAID 1)403-BCMB -4 -
BOSS Cables and Bracket for R650 403-BCNP -4 -
No Quick Sync 350-BBXM -4 -
iDRAC,Legacy Password 379-BCSG -4 -
iDRAC Service Module (ISM), NOT Installed 379-BCQX -4 -
iDRAC Group Manager, Enabled 379-BCQV -4 -
Cable Management Arm 770-BDMT -4 -
ReadyRails Sliding Rails Without Cable Management Arm or Strain
Relief Bar 770-BECD -4 -
No Systems Documentation, No OpenManage DVD Kit 631-AACK -4 -
Dell EMC XC650 Core Ship 340-CWMW -4 -
R650 Ship 4x3.5, 10x2.5, 8x2.5 NVMe 340-CUQN -4 -
PowerEdge R650 CE Marking, No CCC Marking 389-DYHY -4 -
PowerEdge R650 Non BIS Marking 389-DYHZ -4 -
ProSupport Next Business Day Onsite Service After Problem
Diagnosis 2 Years Extended 864-1829 -4 -
ProSupport Next Business Day Onsite Service After Problem
Diagnosis 1 Year 864-1830 -4 -
ProSupport 7x24 Technical Support and Assistance 3 Years 864-1853 -4 -
Dell Hardware Limited Warranty 1 Year 864-1857 -4 -
Dell Limited Hardware Warranty Extended Year(s)975-3461 -4 -
Thank you choosing Dell ProSupport. For tech support, visit
//www.dell.com/support or call 1-800- 945-3355 989-3439 -4 -
ProDeploy Dell Storage XC Series Appliance 892-4699 -4 -
32GB RDIMM, 3200MT/s, Dual Rank 16Gb BASE x8 370-AGDS -64 -
3.84TB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug AG
Drive, 1 DWPD 400-AXSK -40 -
Jumper Cord - C13/C14, 4M, 250V, 12A (North America, Guam,
North Marianas, Philippines, Samoa)492-BBDG -8 -
Broadcom 57414 Dual Port 10/25GbE SFP28 Adapter, PCIe Low
Profile, V2 540-BDGV -4 -
Unit Price Quantity Subtotal
Non-tied Enterprise Deployment Services - [DELLSTAR_1211]
Estimated delivery if purchased today:
Jan. 19, 2024
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$8,623.50 1 $8,623.50
Description SKU Unit Price Quantity Subtotal
BASE,SVC,PRODEPLOY,DELL 210-AHHE -1 -
Data Migration Services: Remote Virtual V2V Migration 10-50 VMs
(Per VM)848-8795 -25 -
Unit Price Quantity Subtotal
Page 4
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
95
PowerSwitch S4128 - Prod
Estimated delivery if purchased today:
Feb. 19, 2024
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$11,645.55 2 $23,291.10
Description SKU Unit Price Quantity Subtotal
Dell EMC Switch S4128F-ON, 1U, 28 x 10GbE SFP+, 2 x QSFP28,
PSU to IO, 2 PSU 210-ALTG -2 -
OS10 Enterprise S4128F-ON 619-AMIZ -2 -
Dell EMC Networking S4100-ON Americas User Guide 343-BBGC -2 -
Dell Hardware Limited Warranty 1 Year 814-1417 -2 -
ProSupport Plus:Mission Critical 4-Hour 7x24 On-Site Service with
Emergency Dispatch,1 Year 814-1460 -2 -
ProSupport Plus Mission Critical:7x24 HW/SW Technical Support and
Assistance, 5 Years 814-1472 -2 -
ProSupport Plus:Mission Critical 4-Hour 7x24 On-Site Service with
Emergency Dispatch, 4 Years Extended 814-1473 -2 -
Thank you for choosing Dell ProSupport Plus. For tech support, visit
//www.dell.com/contactdell 951-2015 -2 -
Dell Limited Hardware Warranty Extended Year(s)975-3461 -2 -
Info 3rd Party Software Warranty provided by Vendor 997-6306 -2 -
ProDeploy Plus Dell Networking S Series 4XXX Switch - Deployment 804-2147 -2 -
ProDeploy Plus Dell Networking S Series 4XXX Switch - Deployment
Verification 804-2148 -2 -
ProDeploy Plus No Charge Training 500 812-4037 -2 -
5 Years ProSupport Plus OS10 Enterprise Software Support-
Maintenance 848-8542 -2 -
Power Cord, 125V, 15A, 10 Feet, NEMA 5-15/C13 450-AAFH -4 -
Dell Networking, Cable, SFP+ to SFP+, 10GbE, Copper Twinax
Direct Attach Cable, 3 Meter 470-BBDD -16 -
Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive
Copper Direct Attach Cable, 0.5 Meter 470-ABOU -4 -
Unit Price Quantity Subtotal
XC450 - DR
Estimated delivery if purchased today:
Jan. 15, 2024
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$10,160.10 3 $30,480.30
Description SKU Unit Price Quantity Subtotal
***DELL HARDWARE SUPPORT MAY EXCEED NUTANIX
SOFTWARE SUPPORT. HARDWARE QUOTE ONLY. DOES NOT
INCLUDE NUTANIX LICENSING***
379-BEFZ
-
3 -
3.5 Chassis 379-BDSZ -3 -
SAS/SATA Backplane 379-BDSS -3 -
Dell EMC XC450 Core Base 210-BBIO -3 -
Nutanix OS for ESXI 7.0 634-BXYF -3 -
Trusted Platform Module 2.0 V3 461-AAIG -3 -
4x3.5" (SAS/SATA) 1 CPU 321-BGSD -3 -
Intel Xeon Silver 4314 2.4G, 16C/32T, 10.4GT/s, 24M Cache, Turbo,
HT (135W) DDR4-2666 338-CBWK -3 -
No Additional Processor 374-BBBX -3 -
Page 5
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
96
Heatsink for CPU less than 185W 412-AAVR -3 -
Blank for 1CPU Configuration 412-AAVV -3 -
Performance Optimized 370-AAIP -3 -
3200MT/s RDIMMs 370-AEVR -3 -
No RAID 780-BCDI -3 -
Dell HBA355i Controller Front 405-AAXY -3 -
Front PERC Mechanical Parts, front load 750-ACFR -3 -
XC450 Core-4S QR Label 350-BCGJ -3 -
UEFI BIOS Boot Mode with GPT Partition 800-BBDM -3 -
High Performance Fan x5 384-BCUB -3 -
Dual, Redundant(1+1), Hot-Plug Power Supply,1100W MM(100-
240Vac) Titanium 450-AKLF -3 -
Riser Config 0, 1xOCP 3.0(x16)+ 1x16LP 330-BBVF -3 -
PowerEdge R450 Motherboard with Broadcom 5720 Dual Port 1Gb
On-Board LOM, V4 329-BHNE -3 -
iDRAC9,Enterprise 15G 385-BBOT -3 -
Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 540-BCOC -3 -
Bezel, Standard, XC450 350-BCGH -3 -
BOSS Riser for R450/R650xs 330-BBTB -3 -
BOSS controller card + with 2 M.2 Sticks 480GB (RAID 1)403-BCNX -3 -
No Quick Sync 350-BCEM -3 -
iDRAC,Legacy Password 379-BCSG -3 -
iDRAC Service Module (ISM), NOT Installed 379-BCQX -3 -
iDRAC Group Manager, Enabled 379-BCQV -3 -
A11 drop-in/stab-in Combo Rails Without Cable Management Arm 770-BCJI -3 -
Cable Management Arm 770-BDZL -3 -
No Systems Documentation, No OpenManage DVD Kit 631-AACK -3 -
Dell EMC XC450 Core Ship 340-CWPC -3 -
PowerEdge R450 x4, x10 Long Drive Shipping Material 343-BBRP -3 -
PowerEdge INMETRO Label, BCC 389-DYHB -3 -
PowerEdge 1U CCC Marking, No CE Marking 389-DYLZ -3 -
Dell Hardware Limited Warranty 1 Year 864-1742 -3 -
ProSupport 4-Hour 7x24 Onsite Service 1 Year 887-4568 -3 -
ProSupport 4-Hour 7x24 Onsite Service 2 Years Extended 887-4569 -3 -
ProSupport 4-Hour 7x24 Technical Support and Assistance 3 Years 887-4619 -3 -
Dell Limited Hardware Warranty Extended Year(s)975-3461 -3 -
Thank you choosing Dell ProSupport. For tech support, visit
//www.dell.com/support or call 1-800- 945-3355 989-3439 -3 -
ProDeploy Dell Storage XC Series Appliance - Deployment
Verification 809-6895 -3 -
ProDeploy Dell Storage XC Series Appliance - Deployment 821-5821 -3 -
32GB RDIMM, 3200MT/s, Dual Rank 16Gb BASE x8 370-AGDS -24 -
3.84TB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug AG
Drive,3.5in HYB CARR, 1 DWPD 400-AXTF -6 -
Page 6
Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682
97
12TB 7.2K RPM SAS 12Gbps 512e 3.5in Hard Drive 400-AWIP -6 -
No Power Cord 450-AAGG -3 -
Broadcom 57414 Dual Port 10/25GbE SFP28 Adapter, PCIe Low
Profile, V2 540-BDGV -3 -
Unit Price Quantity Subtotal
CS-CITY OF SOUTH SAN FRANCISCO-SW-NCI-D-STR-PR-SUB NCI-
D STARTER AND PROD SW LICS SUP SVC FOR 1 CPU CORE
Estimated delivery if purchased today:
Jan. 30, 2024
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$654.93 96 $62,873.28
Description SKU Unit Price Quantity Subtotal
CS-CITY OF SOUTH SAN FRANCISCO-SW-NCI-D-STR-PR-SUB
NCI-D STARTER AND PROD SW LICS SUP SVC FOR 1 CPU
CORE
AC843222
-
96 -
Unit Price Quantity Subtotal
CS-CITY OF SOUTH SAN FRANCISCO-TERM-MONTHS-TERM IN
MONTHS LICS
Estimated delivery if purchased today:
Jan. 30, 2024
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$0.01 36 $0.36
Description SKU Unit Price Quantity Subtotal
CS-CITY OF SOUTH SAN FRANCISCO-TERM-MONTHS-TERM IN
MONTHS LICS AC843223 -36 -
Unit Price Quantity Subtotal
CS-CITY OF SOUTH SAN FRANCISCO-SW-NCI-D-STR-PR-SUB NCI-
D STARTER AND PROD SW LICS SUP SVC FOR 1 CPU CORE
Estimated delivery if purchased today:
Jan. 30, 2024
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$654.93 48 $31,436.64
Description SKU Unit Price Quantity Subtotal
CS-CITY OF SOUTH SAN FRANCISCO-SW-NCI-D-STR-PR-SUB
NCI-D STARTER AND PROD SW LICS SUP SVC FOR 1 CPU
CORE
AC843222
-
48 -
Unit Price Quantity Subtotal
CS-CITY OF SOUTH SAN FRANCISCO-TERM-MONTHS-TERM IN
MONTHS LICS
Estimated delivery if purchased today:
Jan. 30, 2024
Contract # C000000181156
Customer Agreement # MNWNC-108 / 7-15-70-34-003
$0.01 36 $0.36
Description SKU Unit Price Quantity Subtotal
CS-CITY OF SOUTH SAN FRANCISCO-TERM-MONTHS-TERM IN
MONTHS LICS AC843223 -36 -
Subtotal:
Shipping:
Environmental Fee:
Estimated Tax:
Total:
$242,742.06
$0.00
$0.00
$10,651.67
$253,393.73
Page 7
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98
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the
entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is
valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is
subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or
freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges
will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax
exemption certificate to Tax_Department@dell.com or ARSalesTax@emc.com, as applicable.
Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a
Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such
agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a-
Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms
referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this
Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted
by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms
accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and
terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at
www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm.
Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that
accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional,
specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution,
Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end-
user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or
services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its
purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a
Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing
Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable
governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS
notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into
such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to
Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government;
or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this
transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S.
Government procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier
encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
Page 8
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99
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1055 Agenda Date:1/10/2024
Version:1 Item #:5.
Report regarding a resolution authorizing the City Manager or designee to purchase several remnant parcels
(Assessor Parcel Numbers 091022010,091022020,091022030,091025010,091034080,and 015031090)with
outstanding delinquent taxes in South San Francisco subject to an upcoming County of San Mateo Chapter 8
tax sale.(Nell Selander,Economic &Community Development Director;Greg Mediati,Parks &Recreation
Director; and Adena Friedman, Chief Planner)
RECOMMENDATION
Staff recommends City Council adopt a resolution authorizing the City Manager or designee to purchase
several remnant parcels along Westborough Boulevard between Oakmont Drive and Olympic Drive (APNs
091022010,091022020,091022030,091025010,091034080)and a remnant right-of-way parcel on Sylvester
Road north of Associated Road (APN 015031090)with outstanding delinquent taxes in South San Francisco
subject to an upcoming County of San Mateo Chapter 8 tax sale.
BACKGROUND
With some exceptions,such as for publicly owned lands,all properties are required to pay property taxes.In
San Mateo County,these taxes are collected by the San Mateo County Tax Collector’s Office.Some property
owners become delinquent in paying their property taxes and other special assessments and liens that appear on
the property tax bill.In these cases,the Tax Collector’s Office follows lengthy procedures to collect such debts,
but eventually may sell these properties at tax auctions if the debts remain unpaid.
Typically,properties are sold at what is known as a Chapter 7 public auction,which notices tax defaulted
properties to the public and allows anyone to participate in the auction to purchase a property.Once a list of tax
defaulted properties is established for a Chapter 7 public auction,the County provides notice of this list to local
jurisdictions.Local jurisdictions can object to the public sale of certain properties and request that those
properties be held over for a Chapter 8 tax sale.At a Chapter 8 sale,public agencies may purchase tax defaulted
properties for public purposes.
In May 2023 the City received notice that the San Mateo County Tax Collector’s office would be conducting a
Chapter 7 public auction for tax defaulted properties.Staff discussed the possible acquisition of some of these
tax defaulted properties with Council in closed session on July 12,2023 and October 25,2023 and received
direction to submit a letter to the County objecting to the inclusion of certain properties in the public auction,
instead requesting these properties be subject to a Chapter 8 sale.Below is a discussion of the properties the
City objected to selling at the Chapter 7 sale and will instead be available for purchase at the Chapter 8 sale,
which is anticipated to be held in early 2024.
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File #:23-1055 Agenda Date:1/10/2024
Version:1 Item #:5.
DISCUSSION
Remnant Frontage Parcels on Westborough Boulevard
APNs 091022010, 091022020, 091022030, 091025010, 091034080
These remnant frontage parcels are 10-foot-wide strips along the southern edge of Westborough Boulevard,
between Oakmont Drive and Olympic Drive (see Attachment 1 for a map of these parcels and images of recent
conditions).These parcels contain numerous trees and unkept ground level vegetation spanning the area
between the street and the rear yards of the homes backing up to Westborough Boulevard.The property owners
have not maintained these properties for many years and,as a result,many of the trees now warrant significant
trimming and/or removal.In recent years,Code Enforcement staff has cited one of the property owners,based
out of Florida,to resolve hazardous tree issues and tall weeds,however,the property owner has been
unresponsive.Several years ago,the City mitigated some hazardous trees and placed a lien against one of the
properties to recoup these expenses.
The delinquent taxes owed on these properties amount to $109,804,meaning the City would have to pay that
amount plus any additional fees imposed by the Tax Collector’s Office to purchase the properties at the Chapter
8 tax sale.A portion of the outstanding tax liability is a lien imposed by the City,so those funds will flow back
to the City offsetting some of the acquisition cost.Additionally,the City would need to spend approximately
$150,000 to remove trees,shrubs,and any refuse on the properties shortly after acquisition ensuring the
properties are safe,unblighted,and in good condition for long-term,routine maintenance.Staff estimates
ongoing annual costs will be roughly $10,000 for weed abatement and litter pick up.
While the acquisition of these parcels provides short-term stability to these properties -ensuring they are
maintained in good order and relieving the City of the time and cost associated with protracted Code
Enforcement actions -it also provides longer-term opportunities for adding right-of-way,creating pathways,
and adding more attractive landscaping.The need for these improvements and budget to support them have not
yet been identified,but owning the properties allows for flexibility should the City wish to make these changes
in the future.
Portion of Sylvester Road
APN 015031090
This property is a 17,162 square foot section of Sylvester Road north of Associated Road (see Attachment 2 for
a map of this parcel and images of recent conditions).It is vacant right-of-way that is currently privately owned
and surrounded by other privately-owned rights-of-way in the middle of a fully entitled life sciences
redevelopment project at 120 E. Grand Avenue led by the Trammell Crow Company.
The 120 E.Grand project,approved by the Planning Commission in May 2023,consists of two new office /
R&D buildings,an amenity building,and a parking garage.The project requires access via Sylvester Road,
either via acquisition of the roadway parcel or via easement,as well as a dedication to the City of a Public
Utility Easement.This was included as part of the project’s Conditions of Approval (Mapping and Agreements
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File #:23-1055 Agenda Date:1/10/2024
Version:1 Item #:5.
Utility Easement.This was included as part of the project’s Conditions of Approval (Mapping and Agreements
Condition #15).
Trammell Crow had intended to acquire the parcel at the public Chapter 7 tax auction,but the County Tax
Collector’s Office withheld the property for sale at the Chapter 8 auction because it is a right-of-way parcel.
Given complications with the public sale of rights-of-way in San Francisco over the past several years (most
notably Presidio Terrace where both former Speaker Pelosi and the late Senator Feinstein lived),the County has
instituted the practice of withholding right-of-way parcels for Chapter 8 auctions for public agencies to acquire.
The City likewise objected to the sale of the property at the Chapter 7 sale and will have the ability to purchase
it at the Chapter 8 sale.
It is the City’s intention to acquire the property at the Chapter 8 sale and then sell it to Trammell Crow to
recoup the City’s costs.The City intends to sell it to Trammell Crow with protections put in place to preserve it
as right-of-way,rather than maintain public ownership of the land,given the private ownership of the
surrounding street network.This will facilitate the efficient and orderly development of the life science
development.
Staff estimates that an appropriate sale price would be roughly $20,000 to $30,000 to cover staff time to
facilitate the property transaction,the delinquent tax bill of approximately $4,100,and any fees imposed by the
County.
Next Steps
City staff is staying in close communication with County Tax Collector staff to understand the Chapter 8 tax
sale process.Because these sales happen so infrequently (it has been several years since the last Chapter 7 sale
and many more years since the last Chapter 8 sale),the County is still working through procedure,fees,and
exact timing of the sale. County staff has indicated to the City that the sale is anticipated to occur early in 2024.
Staff is seeking Council authorization to purchase the properties now in the event the sale is scheduled before
the next regular Council meeting.Council may note that the authority granted by the accompanying resolution
is broad to address most eventualities that may arise during the sale process.The resolution has been drafted in
this way to avoid the worst-case scenario -where staff do not have appropriate authority to act on behalf of the
City at the Chapter 8 auction and therefore miss the opportunity to purchase the properties for several more
years.
FISCAL IMPACT
The precise impact to the City’s General Fund associated with adopting the resolution is not known as this time.
What the City knows is that there are the immediate acquisition costs of $109,804 for the Westborough
properties and $4,100 for the Sylvester Road property,along with transaction fees imposed by the County
(which have not yet been provided,but staff estimate to be several thousand dollars for all of the properties).
Given these costs,staff estimate the acquisition cost to be approximately $120,000 for all of the properties.As
noted above,any and all costs incurred to acquire the Sylvester Road right-of-way and transfer it to Trammel
Crow will be entirely borne by the developer -fully reimbursed upon transfer.This includes the delinquent
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File #:23-1055 Agenda Date:1/10/2024
Version:1 Item #:5.
Crow will be entirely borne by the developer -fully reimbursed upon transfer.This includes the delinquent
taxes, fees paid to the County, consultant time, staff time, and City Attorney time.
Additionally,there are the costs associated with the substantial deferred maintenance of the Westborough
properties,which staff estimates to be $150,000 and the ongoing cost of $10,000 per year.All told,the impact
in Fiscal Year 2023-2024 to the General Fund will be about $270,000 and $10,000 annually thereafter.
Because the precise amount is not known,or if costs may be apportioned to various impact fee funds or special
funds,staff is not seeking an appropriation at this time.Staff intends to address the budget impacts of these
transactions in the Mid-Year Budget Adjustment anticipated to be presented to Council in late January or early
February 2024.In the meantime,these costs will be borne by the Economic &Community Development
Department and Parks & Recreation Department operating budgets.
CONCLUSION
Staff recommends City Council adopt a resolution authorizing the City Manager or designee to purchase
several remnant parcels along Westborough Boulevard between Oakmont Drive and Olympic Drive to ensure it
is maintained in a safe and unblighted manner and a remnant right-of -way parcel on Sylvester Road north of
Associated Road to facilitate more orderly development and continued public access.
Attachments:
1.Map and Images of Westborough Boulevard Properties
2.Map and Images of Sylvester Road Property
City of South San Francisco Printed on 1/5/2024Page 4 of 4
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Atachment 1: Westborough Parcels Loca�on Map and Images
104
Attachment 2: Sylvester Parcel Location Map and Images
105
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1059 Agenda Date:1/10/2024
Version:1 Item #:5a.
Resolution authorizing the City Manager or designee to purchase several remnant parcels (Assessor Parcel
Numbers 091022010,091022020,091022030,091025010,091034080,and 015031090)with outstanding
delinquent taxes in South San Francisco subject to an upcoming County of San Mateo Chapter 8 tax sale.
WHEREAS,in May 2023 the City received notice that the San Mateo County Tax Collector’s office would be
conducting a Chapter 7 public auction for tax defaulted properties; and
WHEREAS,in closed session meetings of City Council at its regular meetings on July 12,2023,and October
25,2023,Council provided direction to staff to object to the Chapter 7 sale of certain defaulted tax properties in
order to acquire them via a Chapter 8 sale; and
WHEREAS,these properties include five remnant parcels along Westborough Boulevard between Oakmont
Drive and Olympic Drive (APNs 091022010,091022020,091022030,091025010,091034080)and one
remnant right of way parcel on Sylvester Road north of Associated Road (APN 015031090); and
WHEREAS,the properties along Westborough Boulevard have been the subject of past Code Enforcement
action,are not properly maintained,and pose a nuisance to the community;acquiring them will stabilize the
properties and provide the City with flexibility in the future should it wish to expand the Westborough right-of-
way, construct pathways, or enhance landscaping; and
WHEREAS,the Sylvester Road parcel is a key uncontrolled piece of property at the center of a large
development surrounded by privately owned streets;acquiring the parcel and transferring it to the Trammel
Crow Company in exchange for reimbursement of all costs associated with the action will allow for its
maintenance and preservation as publicly accessible right-of-way; and
WHEREAS,the City provided an objection in writing to the San Mateo County Tax Collector’s Office,which
acknowledged receipt and withheld these properties from the public Chapter 7 sale; and
WHEREAS, the County has indicated that a Chapter 8 tax auction may happen in the first quarter of 2024; and
WHEREAS,the City Council wishes to provide staff with sufficient authority to complete the acquisition of
these five parcels to further the above stated goals.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby
authorize the City Manager or their designee to take all actions necessary to effectuate the purchase of the
following remnant parcels along Westborough Boulevard between Oakmont Drive and Olympic Drive (APNs
City of South San Francisco Printed on 1/5/2024Page 1 of 2
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File #:23-1059 Agenda Date:1/10/2024
Version:1 Item #:5a.
following remnant parcels along Westborough Boulevard between Oakmont Drive and Olympic Drive (APNs
091022010,091022020,091022030,091025010,091034080)and the remnant right of way parcel on Sylvester
Road north of Associated Road (APN 015031090)with outstanding delinquent taxes subject to an upcoming
County of San Mateo Chapter 8 tax sale.
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.
*****
City of South San Francisco Printed on 1/5/2024Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1057 Agenda Date:1/10/2024
Version:1 Item #:6.
Report regarding a resolution authorizing the use of $61,719.33 of Police Asset Forfeiture Funds to purchase
less-lethal launchers and optics.(Scott Campbell, Chief of Police)
RECOMMENDATION
Staff recommends the City Council adopt a resolution authorizing the use of $61,719.33 of Police Asset
Forfeiture Funds to expand our current inventory with new 40mm less-lethal launchers and optics.
BACKGROUND/DISCUSSION
Our department places the utmost importance on ensuring the safety and well-being of our community
members and officers.We recognize that in certain situations,use of force may be necessary;however,we also
believe in the principles of de-escalation to minimize harm and lower the probability of tragic outcomes during
patrol operations.In light of legislation (AB 392:The California Act to Save Lives)and society’s expectations,
we recommend expanding our less lethal program with less lethal launchers in every patrol vehicle.This
program represents a critical investment in enhancing our ability to effectively manage use of force situations,
promote de-escalation, reduce liability, and ensure tactful resolutions during most law enforcement operations.
The 40mm less-lethal launcher is a shoulder-fired,intermediate-range platform designed to deliver a kinetic
energy 'sponge round.'This valuable tool is typically deployed in circumstances involving armed subjects,
violent subjects,and individuals engaged in riotous behavior.The 40mm 'sponge round'consists of a plastic
body with a crushable foam nose designed to deliver enough desired energy to temporarily incapacitate an
aggressive, non-compliant subject at longer distances.
The platform increases the officer's reactionary gap and lessens the time-distance issues associated with other
conventional intermediate force options (pepper spray,Taser,baton,personal body weapons,control holds,
etc.).
By investing in these tools,we prioritize de-escalation,minimize the risk of lethal outcomes,and demonstrate
our commitment to maintaining community trust,accountability,and the sanctity of life.This investment will
empower our officers by making valuable less lethal options even more accessible in reactive situations that
constantly evolve and rapidly change.Expanding our 40mm less lethal program represents a responsible,
forward-thinking,and progressive approach aligned with industry standards and best practices for law
enforcement.
Authorizing the Police Department to utilize the Police Asset Forfeiture Funds for this purpose will adequately
equip the department with 27 launchers and accompanying optics.A launcher will be secured in each patrol
vehicle to be readily accessible during emergency situations.Departmental training will be on a minimal annual
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File #:23-1057 Agenda Date:1/10/2024
Version:1 Item #:6.
vehicle to be readily accessible during emergency situations.Departmental training will be on a minimal annual
basis along with on-the-job application, and maintenance.
FISCAL IMPACT
The funding for this purchase comes solely from Police Asset Forfeiture Funds.There is no impact to the
General Fund.
RELATIONSHIP TO STRATEGIC PLAN
Acceptance of this meets the Strategic Goals #3:Public Safety by rendering skilled police,fire,and emergency
service management.
CONCLUSION
It is recommended that the City Council adopt a resolution authorizing the use of $61,719.33 of Police Asset
Forfeiture Funds for the purchase of less-lethal launchers and optics.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1058 Agenda Date:1/10/2024
Version:1 Item #:6a.
Resolution authorizing the use of $61,719.33 of Police Asset Forfeiture Funds to purchase less-lethal launchers
and optics.
WHEREAS, the City of South San Franciso (“City”) recommends that the City Council adopt a resolution
authorizing the Police Department to purchase less-lethal launchers and optics; and
WHEREAS, the South San Francisco Police Department (“SSFPD”) will provide the highest level of service
based on trust and transparency; and
WHEREAS, the SSFPD recognizes the need to make less-lethal launchers and optics readily available and
secured in each patrol vehicle; and
WHEREAS, in light of AB 392: The California Act to Save Lives, this program represents a critical investment
in enhancing our ability to effectively manage use of force situations, promote de-escalation, reduce liability,
and ensure tactful resolutions during most law enforcement operations; and
WHEREAS, the tool is typically deployed in circumstances involving armed subjects, violent subjects, and
individuals engaged in riotous behavior and is designed to deliver enough desired energy to temporarily
incapacitate an aggressive, non-complaint subject at longer distances; and
WHEREAS, by investing in these tools, we prioritize de-escalation, minimize the risk of lethal outcomes, and
demonstrate our commitment to maintaining community trust, accountability, and the sanctity of life; and
WHEREAS, the SSFPD will purchase 27 less-lethal launchers and optics at a cost of $61,719.33; and
WHEREAS, the funds of $61,719.33 will be used from the Police Asset Forfeiture Funds that the Police
Department collects as a result of collaboration with the Drug Enforcement Agency (DEA) on apprehending
smuggled drugs and cash; and
WHEREAS, in coordination with the City Finance Department, the Chief of Police determines and authorizes
all expenditures from this account based on DEA regulations; and
WHEREAS, the purchase of $61,719.33 comes solely from the Police Asset Forfeiture Funds and there will be
no fiscal impact to the City’s General Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby
approve the purchase of $61,719.33 for less-lethal launchers and optics.
BE IT FURTHER RESOLVED, that the City Council of the City of South San Francisco hereby authorizes the
City Manager to execute the purchase and any other documents on behalf of the City to carry out the intent of
this resolution, subject to approval as to form from the City Attorney.
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*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1090 Agenda Date:1/10/2024
Version:1 Item #:7.
Report regarding a resolution authorizing the filing of an application for the Caltrans Climate Adaptation
Planning Grant for $600,000 (not to exceed $1,000,000)for the South San Francisco (SSF)Shoreline
Protection and Connectivity Project.(Audriana Hossfeld, Senior Civil Engineer)
RECOMMENDATION
City staff recommends that the City Council adopt a resolution approving an application to the Caltrans
Climate Adaptation Planning Grant for $600,000.00 (not to exceed $1,000,000.00)for the South San
Francisco (SSF) Shoreline Protection and Connectivity Project.
BACKGROUND/DISCUSSION
The State-funded Climate Adaptation Planning grants ($31.9 million)will support tribal,local,and regional
identification of transportation-related climate vulnerabilities through the development of climate adaptation
plans,as well as project-level adaptation planning to identify adaptation projects and strategies for
transportation infrastructure.
There is an identified area of South San Francisco at risk from coastal flooding caused by storm driven waves
and sea level rise.Flood risk is expected to only increase over time in this low-lying coastal area,near the
confluence of Lower Colma Creek and the San Francisco Bay.Predicted inundation encompasses residences,
businesses,critical transportation infrastructure (Highway 101)and the South San Francisco/San Bruno Water
Quality Control Plant and North Bayside System Unit Facilities (SSF-SB WQCP).The potentially impacted
area has a population that is majority people of color,who have historically been disadvantaged or been
underrepresented for services,etc.(Lower Colma Creek Continuing Authorities Program Section 103 Project,
USACE, June 2022).
The possible consequences of the 24”sea level rise and a 5-year storm surge scenario (based on ART Bay
Shoreline Flood Explorer)would include endangering human life and causing damage and loss of property.If
the SSF-SB WQCP floods as predicted wastewater treatment services could cease,leading to raw sewage
backing up into homes,overflowing into the streets,and ultimately being released untreated into the Bay.
Anticipated inundation of a section of US 101 poses a significant risk of disrupting emergency services and
evacuation routes.
City staff proposes a feasibility study to explore solutions to address sea level rise,coastal flooding,and storm
surge in South San Francisco along the San Francisco Bay near the outfall of Lower Colma Creek.The study
will examine how to protect residences,businesses,critical transportation infrastructure (US 101,Caltrain,and
SamTrans)and the South San Francisco/San Bruno Water Quality Control Plant (SSF-SB WQCP),all key
pieces of infrastructure in this area.This grant will provide the opportunity to evaluate the potential
implementation of sea level rise preventative measures in the Bay as well as an Interstate 380 connection to the
Oyster Point area to protect the community.Furthermore,connecting Interstate 380 to the Oyster Point area
would provide an additional elevated sea level rise-resistant emergency route and support access to a fast-
growing life science and logistics hub.The study involves interagency coordination between Caltrans,One
Shoreline,South San Francisco,San Bruno,Caltrain and the San Francisco International Airport.The results of
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File #:23-1090 Agenda Date:1/10/2024
Version:1 Item #:7.
the feasibility study will provide next steps to begin a planning process of the investigated solutions.
The proposed feasibility study will delve into the potential implementation of sea level rise preventative
measures in the Bay as well as an Interstate 380 connection to the Oyster Point area to protect the community.
Sea level rise adaptation methods would mitigate the current inundation impacts,which in turn would protect
the SSF-SB WQCP,residences,businesses,and critical transportation infrastructure (US 101).Furthermore,
connecting Interstate 380 to the Oyster Point area would provide an additional elevated sea level rise-resistant
emergency route.
FISCAL IMPACT
Caltrans Climate Adaptation Grant requires a local match of 11.47%if grant is awarded.Pending approval of
the final grant amount,the City would be responsible for a match up to $114,700.There is funding available in
FY 2023-2024 East of 101 Traffic Impact Fees to cover the matching funds.
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
City staff recommends that the City Council adopt a resolution authorizing the filing of an application to the
Caltrans Climate Adaptation Planning Grant for $600,000.00 (not to exceed $1,000,000.00)for the South San
Francisco (SSF) Shoreline Protection and Connectivity Project.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1091 Agenda Date:1/10/2024
Version:1 Item #:7a.
Resolution authorizing the submittal of a grant application for the Caltrans Climate Adaptation Planning Grant
for $600,000 (not to exceed $1,000,000)for the South San Francisco (SSF)Shoreline Protection and
Connectivity Project.
WHEREAS,there is an identified area of South San Francisco at risk from coastal flooding caused by storm
driven waves and sea level rise; and
WHEREAS,staff proposes a feasibility study to investigate the potential implementation of sea level rise
preventative measures in the Bay as well as an Interstate 380 connection to the Oyster Point area to protect the
community; and
WHEREAS,staff requests the City Council approve an application for the Caltrans Climate Adaptation
Planning Grant for $600,000.00 (not to exceed $1,000,000.00); and
WHEREAS,staff also requests the City Council to authorize a local grant match of 11.47%if grant is awarded
up to $114,700.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby
authorizes an application for the Caltrans Climate Adaptation Planning Grant; and
BE IT FURTHER RESOLVED the City Council approves a local grant match of 11.47%if the grant is awarded
up to $114,700; and
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.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1093 Agenda Date:1/10/2024
Version:1 Item #:8.
Report regarding a resolution authorizing the filing of a grant contract renewal for Community Development
Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Finance
Director to adjust the Fiscal Year 2024-25 Revenue Budget upon receipt of grant award.(Valerie Sommer,
Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the filing of a grant contract
renewal for Community Development Block Grant (CDBG)funds allocated through the City of Daly
City for Fiscal Year (FY)2024-25 in the amount of up to $20,000 to support Project Read and authorize
the Finance Director to adjust the FY 2024-25 Revenue Budget upon receipt of a grant award letter.
BACKGROUND/DISCUSSION
It is recommended that City Council adopt a resolution authorizing the filing of a grant contract renewal for
CDBG funds allocated through the City of Daly City.In Fiscal Year 2023-24,Project Read has been awarded
$20,000 from this program to support 30 adult literacy students living in Daly City.We anticipate receiving the
same amount in FY 2024-25. We have received Daly City CDBG funds for nearly twenty years.
Adult learners receive free services that include 1)a literacy assessment,2)free one-on-one tutoring or small
group tutoring,3)free workbooks and dictionaries,and 4)use of library computers.Adult literacy services
target adults with low level English reading and writing skills and focus on basic skill development.Over the
year,35%of our adult learners are from Daly City,while 59%are from South San Francisco and 6%from San
Bruno and Colma.
In 1985,when Project Read was established,we were encouraged by the California State Library to serve
North San Mateo County,thus increasing the number of people served.Part of our funding structure is reliant
on matching funds from California Library Literacy Services (CLLS).Matching funds are based on the amount
expended on literacy services and the number of adult literacy students served.Last year,we received $59,720
in CLLS funds.By serving students in Daly City,San Bruno,and Colma,we increase the amount received in
matching funds.In addition,expanding our geographic area has proven successful when applying for grants to
support enhanced programming for low-income,low-literacy participants.In the past year,San Bruno and
Colma provided approximately $13,000 to support literacy services to their residents.
Most Project Read participants are SSF residents and benefit from our core adult literacy services.In addition,
SSF residents receive additional support from grant-funded projects that include visits from Learning Wheels,
Families for Literacy programs,and workshops on financial literacy.Yearly,over 450 SSF core users regularly
participate in at least one of these enhanced programs.
FISCAL IMPACT
Grant funds received from the CDBG program for FY 2024-25 will offset general fund expenditures;there will
be no need to increase the Library Department’s budget for expenditures.Receipt of these funds does not
commit the City to ongoing or matching funding.Adopting this resolution will authorize the Finance DirectorCity of South San Francisco Printed on 1/5/2024Page 1 of 2
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File #:23-1093 Agenda Date:1/10/2024
Version:1 Item #:8.
commit the City to ongoing or matching funding.Adopting this resolution will authorize the Finance Director
to amend the FY 2024-25 Revenue Budget upon receipt of a grant award letter.
RELATIONSHIP TO STRATEGIC PLAN
Support of Project Read’s Adult Literacy services will provide enhanced literacy programming for low literate
adults within the City and surrounding communities.The strengthening of learning programs is an action item
in the City Strategic Plan under Priority #2: Quality of Life.
CONCLUSION
It is recommended that the City Council adopt a resolution authorizing the filing of a grant renewal contract for
CDBG funds allocated through the City of Daly City for FY 2024-25 in the amount of up to $20,000 to support
Project Read and authorize the Finance Director to amend the Revenue Budget upon receipt of a grant award
letter.Receipt of these funds will enable Project Read to continue adult literacy services to SSF,Daly City,San
Bruno, and Colma.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1097 Agenda Date:1/10/2024
Version:1 Item #:8a.
Resolution authorizing the filing of a grant contract renewal for Community Development Block Grant funds
allocated through the City of Daly City to support Project Read and authorizing the Finance Director to adjust
the Fiscal Year 2024-25 Revenue Budget upon receipt of grant award.
WHEREAS, the City of South San Francisco ("City") Library Department established Project
Read to assist adults and their families in reaching literacy goals; and
WHEREAS,in addition to the services provided within the City,Project Read provides adult literacy services
to approximately 30 individuals in Daly City; and
WHEREAS,these services have been supported in previous years by Community Development Block Grant
(CDBG) funding administered through the City of Daly City; and
WHEREAS,staff recommends authorizing Project Read to file a grant contract renewal of Daly City CDBG
funding of up to $20,000 for Fiscal Year (FY) 2024-25 to support adult literacy services in Daly City; and
WHEREAS, staff further recommends authorizing the Director of Finance to adjust the
FY 2024-25 Revenue Budget upon receipt of a grant award letter for CDBG funding awarded by the City of
Daly City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby authorizes the filing of a grant contract renewal for CDBG funds
allocated through the City of Daly City for FY 2024-25.
BE IT FURTHER RESOLVED that City Council of the City of South San Francisco hereby authorizes the
Director of Finance to amend the Library Department’s FY 2024-25 Revenue Budget upon receipt of
notification that Daly City CDBG grant funds have been awarded to Project Read.
* ****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1095 Agenda Date:1/10/2024
Version:1 Item #:9.
Report regarding a resolution authorizing the acceptance of $6,000 in grant funding from the San Bruno
Community Foundation to support Project Read’s literacy services through the Learning Wheels Family
Literacy Program and amending the Library Department’s Fiscal Year 2023-24 per Budget Amendment
Number 24.026 (Valerie Sommer, Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $6,000 in grant
funding from the San Bruno Community Foundation to support Project Read’s literacy services through
the Learning Wheels Family Literacy Program and amending the Library Department’s fiscal year 2023
-24 Operating Budget per Budget Amendment Number 24.026.
BACKGROUND/DISCUSSION
On September 20,2023,Project Read applied for a grant from the San Bruno Community Foundation to
support the continuation of family literacy services offered through Learning Wheels for low-income,low-
literacy parents and their children in the City of San Bruno.On December 13,2023,Project Read was awarded
$6,000 in grant funding from the San Bruno Community Foundation.On a weekly basis,San Bruno programs:
1)encourage literacy development of low-income residents,2)provide information and referrals so that
families have the resources they need to succeed,and 3)distribute free children’s books to prepare children to
learn to read,4.)engage parents/guardians in workshops that promote community bonding and educational
development.San Bruno programs will run primarily through a partnership with the City of San Bruno Public
Library and the San Bruno Hospitality House.
Learning Wheels,the Library’s mobile literacy program,provides doorstep literacy services to low income,low
-literacy parents and their children in North San Mateo County.Each month,Learning Wheels visits over 300
hundred families at preschools,transitional housing locations,social service agencies,and health clinics and
participates in community events.In the past year,the Learning Wheels program distributed over 4,200 books
to families in South San Francisco and surrounding cities.Funding from the San Bruno Community Foundation
allows Project Read’s Learning Wheels Family Literacy Programs to continue services to the residents of San
Bruno.
FISCAL IMPACT
Grant funds will be used to amend the Library Department’s fiscal year (FY)2023-24 Operating Budget.
Receipt of these funds does not commit the City to ongoing funding.
RELATIONSHIP TO STRATEGIC PLAN
Acceptance of this funding will provide enhanced programming to support families needing literacy support
and services.The strengthening of learning programs is an action item in the City Strategic Plan under Priority
#2: Quality of Life.
CONCLUSION
Receipt of these funds will enable the Library to continue providing literacy services in the City of San Bruno
through Project Read’s Learning Wheels Family Literacy Program.It is recommended that the City CouncilCity of South San Francisco Printed on 1/5/2024Page 1 of 2
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through Project Read’s Learning Wheels Family Literacy Program.It is recommended that the City Council
accept $6,000 in grant funding to support family literacy programming and amend the Library Department’s FY
2023-24 operating budget per Budget Amendment Number 24.026.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1099 Agenda Date:1/10/2024
Version:1 Item #:9a.
Resolution authorizing the acceptance of $6,000 in grant funding from the San Bruno Community Foundation
to support Project Read’s Literacy Services through the Learning Wheels Family Literacy Program and
amending the Library Department’s Fiscal Year 2023-24 per Budget Amendment Number 24.026.
WHEREAS,the City of South San Francisco ("City")Library Department established Project Read to assist
adults and their families in reaching literacy goals; and
WHEREAS,Learning Wheels,a program of Project Read,provides literary services to low-income,hard to
reach families in South San Francisco and surrounding cities through site visits; and
WHEREAS,the San Bruno Community Foundation has awarded the City $6,000 in grant funding to support
Learning Wheels services in San Bruno; and
WHEREAS,grant funds will be used to amend the Fiscal Year (FY)2023-24 Operating Budget of the Library
Department per Budget Amendment Number 24.026.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby accepts $6,000 in grant funding from the San Bruno Community Foundation approves Budget
Amendment Number 24.026.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1082 Agenda Date:1/10/2024
Version:1 Item #:10.
Report regarding second reading and adoption of an ordinance repealing and replacing Chapter 9.04 Animal
Licensing and Control of the South San Francisco Municipal Code.(Rich Lee, Assistant City Manager)
RECOMMENDATION
Staff recommends that City Council conduct a second reading and adopt an Ordinance repealing and replacing
chapter 9.04 ANIMAL LICENSING AND CONTROL of the South San Francisco Municipal Code.
BACKGROUND/DISCUSSION
The County of San Mateo’s animal control ordinance was originally adopted in 1951 and has been updated
several times,most recently in 2006.The County of San Mateo (County)Board of Supervisors approved its
updated animal control ordinance,included as Attachment 1,on December 12,2023.The City Council
introduced and conducted the first reading of its proposed ordinance on December 13,2023.Pursuant to the
animal control services agreement between the cities and County,the City of South San Francisco City Council
is required to adopt animal control ordinances that are the same or substantially the same as the County’s
ordinance. This agreement is attached herein as Attachment 2.
The County initiated the process to revise and update its animal control ordinance by issuing an invitation to the
local cities.The working group that developed the draft animal control ordinance included broad representation
from the County,local cities,and the contractor that provides animal control services -the City Attorneys from
the cities of Millbrae,Pacifica,Half Moon Bay,and Redwood City,the County Attorney’s Office,and the
Peninsula Humane Society (PHS)and Society for the Prevention of Cruelty to Animals (SPCA)and their legal
counsel.
The County’s revised animal control ordinance enhances enforceability,streamlines processes,clarifies
definitions,and above all else,further promotes public safety.Key provisions of the proposed ordinance
updating SSFMC Chapter 9.04 ANIMAL LICENSING AND CONTROL:
·Updates definitions to enhance enforcement capabilities and remove confusing language related to
“Dangerous” and “Vicious” animal designations.
·Lowers the rabies vaccination age requirement to align with current state law.
·Updates language and enforcement for “Vicious”animals,which are often humanely euthanized.The
proposed ordinance raises the threshold for when an animal may be declared “Vicious”and summarily
euthanized,which is consistent with current industry standards and practical enforcement.Offending
animals deemed a significant danger to the public would still be designated “Vicious”.
·Updates language and enforcement for “Dangerous”animals.A “Dangerous”animal has exhibited
behavior which indicates heightened safety requirements for the keeping of said animal are required to
ensure public protection.The proposed SSFMC Chapter 9.04 revises and clarifies the threshold for
when an animal may be designated as “Dangerous”.Under the current ordinance,the “Dangerous”
designation remains for the life of the animal.Under the proposed ordinance,an owner may apply for
the designation to be lifted after a period of three (3)years if the animal has been safely maintained
under the permit,which would remove the need for County oversight and enforcement.The Program
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under the permit,which would remove the need for County oversight and enforcement.The Program
Manager found that about 90%of animals deemed “Dangerous”do not re-offend,and that lifting the
“Dangerous”designation for animals deemed no longer a danger to the public,which is consistent with
other jurisdictions and state recommendations.
·Removes language stating that an animal owner may not maintain a “Dangerous”animal in a home with
a juvenile person under the age of eighteen (18).The working group could not find any other
jurisdiction that had this restriction and could not find any instance in which the restriction enhanced
public safety or was enforceable.
·Revises and updates the fee schedule and further clarifies the offenses for which administrative citations
may be issued for violations of SSFMC 9.04.
FISCAL IMPACT
None
RELATIONSHIP TO STRATEGIC PLAN
Public Safety -Professional and equitable Police,Fire,Emergency Medical Services,Emergency Management
and Public Works.
CONCLUSION
The repeal and replacement of SSFMC Chapter 9.04 provide clarity, enhance enforcement, streamline
processes, and further promote public safety.
Attachments:
·Attachment 1: Updated Animal Control Ordinance by County of San Mateo Board of Supervisors
approved on Dec. 12, 2023 with administrative corrections
·Attachment 2: Animal Control Services Agreement Between Cities and County of San Mateo
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1
ORDINANCE NO. _______
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,
STATE OF CALIFORNIA
* * * * * *
AN ORDINANCE REPEALING AND REPLACING CHAPTER 6.04 (ANIMAL
CONTROL) OF TITLE 6 OF THE SAN MATEO COUNTY ORDINANCE CODE TO
CLARIFY EXISTING DEFINITIONS, ENACT ADDITIONAL REQUIREMENTS FOR
ANIMAL CONTROL, REVISE ANIMAL CONTROL SERVICE FEES
The Board of Supervisors of the County of San Mateo, State of California,
ORDAINS as follows:
SECTION 1. Chapter 6.04 of the San Mateo County Ordinance Code is hereby
repealed, and a new Chapter 6.04 is hereby adopted, to be entitled and numbered and
to read as follows:
CHAPTER 6.04 ANIMAL CONTROL
6.04.010 – Definitions
The following words and phrases, when used in this Chapter shall have the
meaning set forth below:
"Animal Control Officer" – any Person designated as the Animal Control Program
Manager for the County, as well as the head of the County’s animal control contractor
and their duly authorized officers or deputies. In the event the County has no animal
control contractor to provide animal control officers, or in cases of emergency in which
additional animal control officers are needed, “animal control officer(s)” may include
Persons so designated by the Animal Control Manager.
"Animal Control Program" – that program established by the County and
participating cities, and the Program’s animal control contractor(s), if any, which
contractor is specifically charged with regulating and enforcing laws dealing with animal
control within the participating jurisdictions. Animal Control Program includes the
Licensing Program.
"Animal Control Program Manager" - that Person employed by the County to
oversee the Animal Control Program or designee.
"Animal Control Shelter" - A San Mateo County facility operated by the County,
or by another public entity, an accredited, tax-exempt humane non-profit organization
contracted with the County, or a for-profit business contracted with the County for the
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purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed,
homeless, abandoned, or unwanted animals.
“Caretaker” - any Person 18 years of age, or older, who has assumed
responsibility for the care, custody, or control of an animal(s).
"Dangerous Animal" - any animal, except a trained animal assisting a peace
officer engaged in law enforcement duties, that constitutes a danger to Persons or
animals, and/or demonstrates any of the following behavior(s):
(a) behavior that results in bodily harm that is less serious than a “Severe
Injury”, or constitutes a substantial threat of bodily harm to a Person; or
(b) an attack on another animal which results in an injury that is sufficient to
require veterinary care even if not received.
An animal which has been declared by an out of this County jurisdiction as "potentially
dangerous," "dangerous," "vicious," or any other similar designation, may be deemed a
Dangerous or Vicious animal for the purposes of this Chapter, as determined by an
Animal Control Officer.
“Health Officer” - that Person so designated by the County of San Mateo.
“Humane Officer” - any Person who is qualified and appointed pursuant to
California Corporations Code Section 14502, and who is an employee of the County
and designated as such by the County or an employee of a society for prevention of
cruelty to animals or humane society that has contracted with the County of San Mateo
to provide animal control services.
"Licensing Program” - that program within San Mateo County Health
Department, including but not limited to, any County contractor specifically charged with
regulating and selling animal licenses in the County of San Mateo.
“Owner" - any Person 18 years of age or older who:
(a) holds the license to the animal; or
(b) if the animal is not licensed, is legally entitled to possession of the animal;
or
(c) has exercised primary responsibility for the care of the animal for thirty
(30) or more consecutive calendar days.
“Person” – means any individual, partnership, corporation, organization, trade or
professional association, firm, limited liability company, joint venture, association, trust,
estate, or any other legal entity, and any officer, member, shareholder, director,
employee, agent, or representative thereof.
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“Severe injury" - Any physical injury to a human caused by an animal attack that
involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites
requiring sutures, broken bones and/or requires corrective surgery.
“Service Animal” - any animal defined as such by federal or state law.
"Vicious Animal" - any animal, except a trained animal assisting a peace officer
engaged in law enforcement duties, which meets any or all of the following criteria:
(a) Any animal that, at the time of the attack, is already designated as a
Dangerous Animal and/or is the subject of a Dangerous Animal permit, and
which is found to have engaged in any of the following:
(1) behavior that results in bodily harm, or constitutes a substantial
threat of bodily harm, to a Person; or
(2) an attack on another animal which results in an injury that is
sufficient to require veterinary care, whether or not received.
(b) Any animal that inflicts Severe Injury to or kills a Person.
(c) Any animal which cannot be safely maintained with a Dangerous Animal
permit.
(d) Any animal designated by another governmental jurisdiction as,
“dangerous”, "vicious", or any other similar designation, if that prior
designation is based on behavior which would meet the definition of
Vicious Animal under this Chapter, as determined by an Animal Control
Officer.
6.04.020 - Animal Control Program.
(a) The Animal Control Program is responsible for the enforcement of this
Chapter.
The duties of the Animal Control Program shall include, but not be limited to, the
following:
(1) Provide animal control, sheltering services, and a rabies control
program to carry out and enforce all provisions of this Chapter and
California Health & Safety Code section 121690, and keep such
records as may be required by law or contract.
(2) Enforce the provisions of this Chapter and all applicable state and
local laws relating to the care, treatment, and impounding of
animals, and specifically to issue citations and to make arrests for
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violations of the provisions of this Chapter and related state laws, to
the extent authorized by law.
(3) Impound animals found to be in violation of this Chapter in the
interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law
and, if deemed appropriate, designate any such animals as
Dangerous or Vicious pursuant to this Chapter.
(5) Impound animals which are in imminent or ongoing danger, or
which are in need of safekeeping in order to protect the health and
safety of the animal.
(6) Impound animals that are causing a threat to public safety.
(7) Where authorized under the law, to enter upon any premises upon
which any animal is kept in order to seize or impound of any animal
if reasonable cause exists to believe that such animal is being kept
or has behaved in violation of the provisions of this Chapter.
(8) To remove and dispose of the carcass of any animal(s) found on
any public right of way, except freeways or other areas maintaine d
by Caltrans.
(9) Quarantine animals under the direction of the County Health Officer
to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance
with the law.
(11) Place for adoption, when appropriate, properly impounded animals
if such animals are not redeemed after due notice to known Owners
in accordance with the law.
(12) Provide and hold vaccination clinics in strategic locations
throughout the County pursuant to Health and Safety Code 121690.
(13) Provide or make available at low cost, spay/neuter surgeries to
dogs, cats, and rabbits.
(14) Provide for issuance of an animal license for a period not to exceed
the term of the anti-rabies vaccination, as provided by state law.
(15) To collect any fees or charges provided for in this Chapter for the
licensing, impounding and/or keeping of any animal, or for the
enforcement of this Chapter.
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(b) Animal Control Officers qualified under Penal Code section 830.9, who are
either employees of the County designated as such by the County, or
employee(s) of and designated as such by a society for prevention of
cruelty to animals or humane society which has contracted with the
County to provide animal control services, shall have the authority to issue
citations and/or notices to appear in court, and obtain and execute search
warrants to the maximum extent allowed by law, for violations of state and
local animal control laws. Animal Control Officers shall have the authority
provided by state law including, but not limited to, that described by Penal
Code section 830.9. Animal Control Officers must complete Penal Code
section 832 training.
(c) Those employees of a society for prevention of cruelty to animals or
humane society under contract with the County to provide animal control
services, who have been appointed and qualif y as humane officers under
California Corporations Code section 14502, or its successor statute, shall
have the authority to issue citations and/or notices to appear in court, and
obtain and execute search warrants, to the maximum extent allowed by
law, for violations of state and local animal control laws.
(d) The County may contract for animal control services to be performed
countywide, including within cities, provided agreement is made with the
participating jurisdictions.
6.04.030 - Rabies Vaccinations.
(a) Every dog or cat Owner shall ensure their animal is vaccinated for rabies
by a licensed veterinarian in the manner prescribed or approved by state
law and the State of California Department of Public Health, after the dog
or cat attains the age of three (3) months of age and/or within ten (10)
calendar days of acquiring an unvaccinated animal. This vaccination shall
be obtained prior to issuing a license for the dog or cat. In addition, proof
of vaccination shall be provided by the Owner or veterinarian to the
Licensing Program or the County’s animal control contractor.
(b) Every veterinarian who vaccinates or causes or directs to be vaccinated in
the County any dog, or cat with rabies vaccine shall certify that such
animal has been vaccinated. Every veterinarian shall submit to the
licensing authority a copy of the County-approved rabies vaccination form,
within ten (10) calendar days of the beginning of each month, for any dog
or cat which they vaccinate or direct to be vaccinated with anti-rabies
during the previous month. An Animal Control Officer or animal licensing
staff shall have the right to inspect records of rabies vaccinations during
normal business hours.
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(c) Upon receipt of a written request from a licensed veterinarian to exempt a
microchipped pet from receiving a one or three-year vaccination, for
medical reasons, the County Health Officer and/or designee shall review
the basis for the request for exemption and approve or/deny said request.
6.04.040 - Dog and Cat Licenses.
(a) Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall
be paid by the Owner for every dog or cat over the age of three (3)
months owned or kept in unincorporated San Mateo County, and all
cities within the County which adopt this Chapter. Said annual
license fee shall be first due when the animal reaches three (3)
months of age or within sixty (60) calendar days after the dog or cat
is acquired, and due on the expiration date of the rabies vaccination
and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire
such license.
(3) Persons renewing their license shall have thirty (30) calendar days
following their due date before being found delinquent and assessed
a late penalty.
(4) The fee for such license shall be as set forth in section 6.04.350 of
this Chapter. The fee paid for the licensing of altered dogs and cats
shall be less than said license fee for unaltered cats or dogs upon
presentation of the proper certification. The license fee paid by
Persons over the age of 60 shall be at a discount.
(5) An Owner may obtain a three-year license for a cat or dog by
submitting to the Licensing Program adequate proof of a three -year
rabies vaccination of the animal to be licensed and payment of the
applicable fees, as set forth in section 6.04.350 of this code.
(6) Any Person who fails to pay such license fee after said fee is due or
said dog or cat is required to be licensed, in addition to paying any
past due license fee(s), may also be required to pay a late fee in
accordance with Section 6.04.350 of this Chapter or may receive an
administrative citation.
(7) A license shall be obtained, but no license fee shall be payable, by
the Owner of any dog being raised, trained or used as a Service
Animal, or for dogs that have served as a member of the armed
forces of the United States of America, or any dog used by a local
law enforcement agency for the purposes of law enforcement.
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(8) Animals with microchip implants or other permanent identification
acceptable to the Animal Control Program are not exempt from the
mandatory licensing requirements.
(b) The licensing provisions in this Chapter are not applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use
having been approved by the California State Department of Health
Services pursuant to section 1666 of the Health and Safety Code.
(2) Dogs or cats used for teaching purposes in recognized educational
institutions.
(3) Dogs or cats owned by veterinarians licensed by the State and kept
on the premises used by said veterinarians in their practice.
(c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, when licensing fee is paid,
issue a lifetime tag which shall bear the number of the license. A
record shall be kept with the name of the Owner together with a
description of the dog or cat for which the license is issued and the
number of the license, and a tag shall be provided to such Person
upon payment for such license as provided by this Chapter.
(2) Whenever a tag has been lost or stolen, the Owner of the animal may
request a duplicate tag upon payment of the required fee.
(3) The Owner of a licensed dog or cat shall affix such tag to a suitable
collar, which collar shall remain on the dog or cat at all times.
(4) When an animal has been designated as a Service Animal, the
Owner may obtain a lifetime service tag and shall be required to
follow the requirements in Section 6.04.030 (a). Said tag will replace
a regular dog license.
(5) The Owner or operator of any kennel, animal breeding facility, pet
shop, or any place or establishment where animals are sold, adopted,
or given away shall keep a permanent record of the name, address,
and phone number of the purchaser of any dog or cat, along with the
breed, color, sex, and age of each animal sold, adopted, or given
away and shall forward such information to Animal Control services
within thirty (30) calendar days thereafter. An Animal Control Officer,
County representative, or employee of the County’s animal control
contractor shall have the right to inspect such records during normal
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business hours, with forty-eight (48) hours prior notice to the Owner
or operator.
6.04.050 - Public Protection from Dogs.
(a) No Owner or possessor of a dog shall cause or allow such dog to bite, or
physically threaten or harass any person unless necessary to protect the
physical safety of a Person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing
injury to another animal while such animal is lawfully upon public or private
property. The failure of the Owner of a victim animal to have the animal
on a leash shall not, in itself, constitute a mitigating factor in any attack.
(c) No Owner or possessor of a dog shall command or provoke such dog to
attack, sic or threaten a Person unless such action is necessary to protect
the physical safety of a Person.
(d) No Owner or possessor of a dog that resides in another county and is
found to have violated this section shall thereafter allow such dog to be
brought into San Mateo County unless the dog is fully enclosed in a
vehicle and passing through to another location without stopping at any
public or private premises within the County.
6.04.060 - Prohibited Conduct.
No Owner or other Person having care, custody or control of any animal
shall cause or permit it to do any of following:
(a) To be upon any public street, sidewalk, park, school ground, any public
property, or upon any unenclosed premises in this jurisdiction unless:
1) the animal is properly licensed, if such licensing is necessary
hereunder; and
2) the animal is controlled by a chain, lead rope, or leash, which is
connected to the animal’s collar, saddle, harness, or halter. This latter
requirement is not applicable to cats, or to service animals under the
complete control of the Owner or Caretaker.
An electric or invisible fence does not constitute an enclosure for the
purposes of this requirement.
(b) To trespass upon any private property without the consent of the owner
thereof, and to knowingly permit the animal to remain upon the property,
or to habitually continue to trespass thereon.
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(c) To suffer or permit such animal to habitually bark or meow or otherwise
act to disturb the peace of any citizen or to be a public nuisance.
(d) To be without proper and adequate food, water, shelter, care, and
attention.
(e) No Person shall possess within San Mateo County any animal designated
by another jurisdiction as “potentially dangerous”, “dangerous”, or
“vicious,” or other designation based on the animal’s potential danger to
humans and/or animals, without previously notifying Animal Control and
receiving express written permission from the Animal Control Manager for
the animal’s presence or residence in San Mateo County. A failure to
receive prior permission is in itself a sufficient basis for an Animal Control
Officer or peace officer to seize and impound such animal.
(f) Subsection (a)(2) of this section shall not be applicable to cats.
6.04.070 - Protection of Animals in Motor Vehicles.
(a) No Person shall leave or confine an animal in any unattended motor
vehicle under conditions that endanger the health or well-being of said
animal due to heat, cold, lack of adequate ventilation, lack of water, or
other circumstances that could reasonably be expected to cause suffering,
disability, or death of said animal.
(b) An Animal Control Officer, Humane Officer or peace officer may remove
an animal from a motor vehicle if the animal’s safety reasonably appears
to be in immediate danger from heat, cold, lack of adequate ventilation,
lack of water, or other circumstances that could reasonably be expected to
cause suffering, disability, or death to the animal. An Animal Control
Officer, Humane Officer or peace officer is authorized to take all steps that
are necessary for the removal of such animal from the motor vehicle,
including, but not limited to, breaking into the motor vehicle, after a
reasonable effort has been made to locate the Owner or other Person
responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the
removing officer shall, if deemed necessary by the officer, take it to an
animal shelter, veterinary hospital, or other place of safekeeping.
(d) An Animal Control Officer or peace officer who removes an animal from a
motor vehicle shall, in a conspicuous location on or within the motor
vehicle, leave written notice bearing their name and office, and the
address of the location where the animal can be claimed. The animal may
be released to the Owner only after payment of all fees that have accrued
for the maintenance, care, medical treatment, or impoundment of the
animal.
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(e) Nothing in this section shall preclude prosecution under both this section
and California Penal Code Section 597 or any other provision of state or
local law.
6.04.080 - Release from Confinement.
No Person other than the Owner, or person authorized by the Owner of the
animal shall release any animal from any confinement, vehicle , or restraint unless such
release is necessary for the immediate health and safety of the animal. This section
shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.
6.04.090 - Declaration of Dangerous Animal.
(a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire
an animal designated as Dangerous under this Chapter without obtaining
a Dangerous Animal permit from the Animal Control Officer. The animal
Owner shall comply with all conditions of the Dangerous Animal permit
including, but not limited to, all requirements of section 6.04.100 of this
Chapter. Any animal which is determined to be Dangerous under this
Chapter and for which a permit has not been obtained shall be
surrendered to an Animal Control Officer, peace officer, or a County
animal control contractor agency for appropriate disposition, which may
include humane euthanasia.
(b) In determining whether or not an animal shall be designated as
Dangerous, the Animal Control Officer, peace officer, or hearing officer
may consider any relevant facts and circumstances, including but not
limited to:
(1) the alleged attacking animal’s prior history.
(2) the alleged attacking animal’s Owner(s) ability to comply with this
Chapter, and/or compliance with any prior Dangerous Animal
permits held by the alleged attacking animal’s Owner(s).
(3) whether any of the animals involved were previously deemed by a
governmental jurisdiction as “potentially dangerous, “dangerous”,
“vicious” or any other similar designation.
(c) In determining whether or not an animal shall be designated as
Dangerous, the Animal Control Officer, peace officer, or hearing officer,
may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the Person
or animal suffering the injury, attack or molestation:
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(i) provoked, tormented, teased, abused or assaulted the
animal, thereby causing or contributing to the alleged
behavior;
(ii) committed a willful trespass or other tort upon the private
property of the Owner or Caretaker of the animal in the
presence of the animal;
(iii) threatened or committed an unjustified attack or assault
against the Owner, Caretaker or other Person in control of the
animal in the presence of the animal
(2) Any other mitigating factor relevant to whether the animal poses a
threat to public health or safety. The failure of the Owner or Person in
control of a victim animal to have the victim animal on a leash shall not,
in itself, constitute a mitigating factor in any attack.
(d) The unwillingness of a victim or a particular witness to testify at a hearing
shall not prevent designation of an animal as a Dangerous Animal, as long
as sufficient evidence exists to support the designation.
(e) In the event that an Animal Control Officer or peace officer determines it
necessary to protect the health or safety of the public, or of any animal,
they may immediately impound any animal according to the procedures
set forth in this Chapter.
(f) If an Animal Control Officer or peace officer has investigated and
determined that an animal is Dangerous, the Animal Control Officer or peace
officer shall deliver written notice of such determination to the Owner of the
animal pursuant to section 6.04.260.
(g) Should the Owner of the animal wish to contest the Dangerous Animal
designation, the Owner may request a hearing, which hearing shall b e
conducted according to the procedures set forth in section 6.04.150 of
this Chapter. The Owner shall submit a written request for a Dangerous
Animal hearing to the Animal Control Officer within seven (7) calendar
days of the written notification by the Animal Control Officer and/or peace
officer that the animal has been declared dangerous.
(1) Should the animal Owner not submit a request for an administrative
hearing within the required timeframe, the administrative hearing
process shall be deemed waived, the Dangerous Animal
designation will be final, and the animal Owner shall obtain a
Dangerous Animal permit within seven (7) calendar days of the
written notification that the animal has been declared Dangerous.
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(2) If the animal Owner requested a hearing and the hearing officer
confirms the determination that the animal is Dangerous, the Owner
must obtain the Dangerous Animal permit and meet the conditions
required by such permit, within seven (7) calendar days of notice of
such decision, unless the time is extended by an Animal Control
Officer.
(3) If an animal is designated as Dangerous, but the Owner fails to
obtain a Dangerous Animal permit within the required timeframe,
the animal will be deemed abandoned, and will be subject to
disposition as deemed appropriate, including potential euthanasia
by the County’s animal control contractor, at the discretion of the
Animal Control Officer, peace officer or City or County
representative. If not already impounded, the animal will be
promptly impounded. The Owner of the animal shall be responsible
for all costs of impoundment of the animal incurred prior to such
abandonment.
(h) If after investigation by an Animal Control Officer or peace officer, that
officer determines that the animal is not Dangerous, the victim or an
Owner of a victim animal may appeal that determination, within seven (7)
calendar days of notice of the decision given pursuant to section 6.04.260,
by submitting to the Animal Control Officer or peace officer a written
request for a hearing and paying the required fee. The Animal Control
Officer or peace officer shall prepare a written report documenting its
reasons for determining the animal not Dangerous and shall include
evidence it has considered for and against the designation in its report.
The hearing shall be conducted according to the procedures set forth in
section 6.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be
transferred to a new place of residence or to a new Owner or Caretaker
without prior written approval of the Animal Control Program Manager.
Prior to the relocation, a written request f or the relocation must be
delivered to the Animal Control Program Manager and the County’s animal
control contractor, if any, at least 30 calendar days prior to the relocation.
(j) If an Animal Control Officer declares an animal as Dangerous which has
already been declared Potentially Dangerous or Dangerous by another
jurisdiction located outside of the County of San Mateo, the Owner of such
animal must obtain and comply with a Dangerous Animal permit at least
seven (7) calendar days prior to moving the animal into the County. The
animal shall not reside in the County of San Mateo until the Dangerous
Animal permit has been issued by the Animal Control Program and the
Owner meets the conditions of said permit.
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(k) A permit issued under this section is subject to renewal annually. An
annual inspection of the location where the animal resides will be
performed by an Animal Control Officer. Inspections may occur at any
reasonable hour and will occur at least annually. The fee for such permit
and inspection shall be as set forth in section 6.04.350 of this Chapter.
Fees shall not be refundable. If the registered Owner fails to pay the
permit fee and/or comply with the requirements of the permit within ten
(10) calendar days of the annual inspection date, the permit may be
revoked and the animal may be impounded for appropriate disposition, as
determined by an Animal Control Officer, peace officer, County contracted
agency or City designee, including humane euthanasia.
(l) A Dangerous Animal designation is a designation that remains with that
animal for its lifetime, unless terminated as provided by this subsection. A
Dangerous Animal designation may be terminated if all of the following
criteria have been met, as determined by an Animal Control Officer or
peace officer and the Animal Control Program Manager and/or City
designee:
(1) The Owner has complied with all Dangerous Animal Permit
requirements for a period of three (3) years and the animal has not
been found to have committed any violations of the requirements of
the permit, or of this Chapter, or any other applicable animal control
laws, for the duration of that period.
(2) The animal has remained current on all rabies or similar required
vaccinations and has remained current on its licensing and paid all
fees for the duration of the three (3) year period.
If an animal Owner disputes a finding that the Dangerous Animal
designation will not be terminated, the animal Owner may request an
administrative hearing to be held according to the procedures set forth in
section 6.04.150 of this Chapter.
6.04.100 - Dangerous Animal Permit Requirements.
(a) Any Owner of a Dangerous Animal shall ensure compliance with the
following rules and regulations which shall be mandatory requirements for
any Dangerous Animal permit:
(1) When the animal is off the property of its Owner, ensure that the
animal is not kept upon any unenclosed premise unless said animal
is leashed and muzzled with a cage or basket muzzle, or any other
muzzle approved by the Animal Control Officer. The leash shall not
exceed four (4) feet in length and having a minimum tensile
strength of 300 pounds and shall be under the direct control and
supervision of the Owner or a Person of such age, size, and
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strength as can easily control such animal. Extraordinary care shall
be taken by the Owner and/or Caretaker to ensure that such
restraint is sufficient to control the animal in a manner which it will
not endanger other Persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises
even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or
other enclosure, sufficient to prevent the escape of the animal or
entry of young children, as approved by the Animal Control Officer
or peace officer. An electric or invisible fence is not an acceptable
means of enclosure for the purpose of this requirement.
(4) Maintain the animal so that it is not a threat to any mail carrier,
sanitation worker, meter Person, or other Person who has the
lawful right to enter the property.
(5) Ensure that all structures used to confine the animals are locked
with a key or combination lock when such animals are within the
fenced yard, kennel, run or enclosure.
(6) Regularly inspect the fenced yard, kennel, dog run or enclosure to
ensure that it is secure to maintain the animal and keep young
children out.
(7) Allow inspections by any Animal Control Officer or peace officer at
any reasonable hour of the premises or premises upon which the
animal is maintained.
(8) Pay permit and property inspection fees as set forth in section
6.04.350 of this Chapter within (10) ten calendar days of the permit
issuance or renewal.
(9) Obtain and post approved sign(s) from the Animal Control Program
after payment of a non-refundable fee as set forth in Section
6.04.350 of this Chapter. Sign(s) shall be conspicuously posted in a
manner visible to the public at all entrances to the property where
the animal is kept, warning Persons of the presence of a
Dangerous Animal as directed by the Animal Control Officer or
peace officer. Such sign(s) must be surrendered in the event of the
revocation of the permit, death of animal, or approved relocation of
the animal.
(10) Advise all members who reside in the same household and on the
same premises of the conditions established by the permit for
keeping or maintaining said Dangerous Animal.
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(11) Ensure said animal wears, at all times, a separate Dangerous
Animal tag issued by the Animal Control Program in addition to
complying with license requirements as defined in Section 6.04.040
of this Chapter.
(12) Ensure said animal be microchipped and inform the Animal Control
Officer with the microchip number within thirty (30) calendar days
from the date the Dangerous Animal permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous
Animal Permit was issued, unless this period is extended by the
Animal Control Program Manager or city representative at their sole
discretion, said animal shall be spayed or neutered by a California
licensed veterinarian, at Owner expense, and within those forty-five
(45) days, the Owner shall also present written proof to the Animal
Control Officer that the surgery was performed. In the event an
animal cannot be safely altered, due to a medical reason, the
Owner shall present the Animal Control Program Manager and
Animal Control Officer with a written request from a California
licensed Veterinarian stating the medical reason(s) that the animal
should not be altered. The County Health Officer or designee will
approve or deny the request. If said request is denied, the animal
shall be altered by a California licensed veterinarian within fifteen
(15) calendar days from the date of notification that the request was
not approved, and within those fifteen (15) calendars days provide
such written proof to the Animal Control Officer that the surgery was
performed.
(14) Notify an Animal Control Officer and the Animal Control Program
Manager of the animal's death within twenty-four (24) hours and
produce the animal's body for verification upon request.
(15) Notify an Animal Control Officer and the Animal Control Program
Manager immediately in the event the animal becomes lost, stolen,
or escapes from its fenced yard, kennel run, or enclosure.
(16) Pay all reoccurring of additional fees within ten (10) calendar days
of service of the invoice or annual permit. Non-payment of fee may
result in the permit being revoked unless a payment plan has been
approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by
an Animal Control Officer, peace officer, or hearing officer pursuant
to this Chapter.
(18) Comply with all local and state laws regarding the care, use,
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control, and maintenance of animals.
(b) Any Owner of a Dangerous Animal shall ensure compliance with the
following additional requirements, if directed to do so by an Animal Control
Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of
insurance for an amount of three hundred thousand dollars
($300,000) per animal within thirty (30) calendar days from the date
of the Dangerous designation. Bond or certificate of insurance will
be provided to the Animal Control Program Manager annually prior
to expiration of said bond or certificate.
(2) Provide private behavioral and obedience training to the animal, at
the Owner’s expense and within the time set forth by the hearing
officer or an Animal Control Officer following the issuance of a
Dangerous Animal permit. Proof of participation, a report of
behavioral assessment, and/or a certificate of satisfactory
completion from an animal behaviorist or organization approved by
an Animal Control Officer shall be provided to the Animal Control
Officer and Animal Control Program Manager within seven (7)
calendar days following the completion of the mandatory training,
but not more than ninety (90) calendar days from the date of the
Dangerous designation.
(3) Comply with any other permit requirements determined to be
reasonably necessary to protect the public’s health or safety and/or
the health or safety of other animals.
(c) No more than two Dangerous Animals may be kept by any Person(s) at
any one household, residence, business, or other location, without prior
written approval of the designee of the appropriate jurisdiction.
6.04.110 - Revocation or Modification of Dangerous Animal Permit.
(a) Any Dangerous Animal permit issued pursuant to this Chapter may be
revoked or modified by the inclusion of additional requirements or
otherwise, if the Animal Control Officer or peace officer has reasonable
cause to believe any of the following to be true:
(1) The dangerous animal Owner or any Person to whom the Owner
has given care, custody, or control of the animal has violated any
local or state laws relating to the keeping, care or use of any
animals.
(2) The Owner or any Person to whom the Owner has given care,
custody, or control of the animal has violated any Dangerous
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Animal permit conditions, or any requirement imposed by the
Animal Control Officer, peace officer, or hearing officer.
(3) The Owner or any Person to whom the Owner has given care,
custody, or control changed the location of his/her residence or
his/her place of business or sells, assigns, transfers, donates,
leases, or otherwise disposes of the animal for which the permit
was issued without first notifying an Animal Control Officer as
outlined in Section 6.04.090
(4) The Owner or any Person to whom the Owner has given care,
custody or control of the animal has changed the residence or
premises where the animal is maintained without first complying
with the guidelines set forth in Section 6.04.090
(5) The Owner or any Person to whom the Owner has given care,
custody, or control of the animal is unable or unwilling to comply
with the conditions of the Dangerous Animal permit.
(b) In the event that it is reasonably necessary to protect the public or an
animal’s health and safety, the Animal Control Officer or peace officer may
impound or cause to be impounded the animal while an investigation is
taking place.
(c) If, after investigation, the Animal Control Officer or peace officer concludes
that there is probable cause to believe that one or more of the above
conditions for revocation or modification of the permit has occurred, the
officer shall deliver written notice of revocation or modification to the
Owner. Said notice shall specify the grounds of revocation or modification
of the permit. Should the Owner of the animal wish to contest the
revocation or modification of the permit, the Owner may request an
administrative hearing to be held before a hearing officer, as designated
by the Animal Control Program Manager, within seven (7) calendar days
of receiving the notice of revocation. Said administrative hearing date shall
be not less than seven (7) calendar days or no more than (20) twenty
calendar days after the date the request for hearing is received by the
Animal Control Manager. The administrative hearing shall be conducted
as set forth in section 6.04.150 of this chapter. The hearing officer
conducting the hearing may either modify the terms of the permit or revoke
the permit.
Any party to the hearing has the right to appeal the administrative hearing
decision to the San Mateo County Superior Court by filing a Petition for a
Writ of Administrative Mandate pursuant to California Code of Civil
Procedure, Section 1094.5 and 1094.6.
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(d) Upon written notice by the Animal Control Officer, peace officer, or hearing
officer, if a hearing was held, if any modifications to a Dangerous Animal
permit are made, the Owner shall immediately comply with such modified
permit requirements.
(e) Upon written notice from an Animal Control Officer, peace officer or
hearing officer of the revocation of a Dangerous Animal permit, the Owner
of such animal shall within two (2) calendar days of such notification,
surrender said animal to an Animal Control Officer. The Dangerous
Animal shall be impounded and humanely euthanized unless the County
designee or City designee has approved a different disposition. At the
sole discretion of the appropriate City or County representative, such
animal may be permanently removed from the County of San Mateo to
another jurisdiction with written approval from that jurisdiction.
6.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.
No Person who has been determined to be in possession of or had Ownership of
a Dangerous Animal for which a permit has been revoked under this chapter shall be
granted any Dangerous Animal permit for a period of three years following such
determination or revocation.
6.04.130 - Declaration of Vicious Animals.
(a) No Person shall keep, have, maintain, sell, trade, or let for hire an animal
which has been designated as Vicious under the provisions of this
Chapter.
(b) If an Animal Control Officer and/or peace officer has investigated and
determined that an animal is Vicious, the Animal Control Officer or peace
officer shall deliver written notice of such determination to the Owner of
the animal. Service of notice shall be made in accordance with section
6.40.260 subdivision (a) of this Chapter. An Animal Control Officer and/or
Peace Officer shall immediately impound the animal, or cause to be
impounded, the animal according to the procedures set forth in Section
6.04.160 of this Chapter. The animal shall be deemed abandoned and
shall be humanely euthanized unless the County designee or City
designee has approved a different disposition or unless the Owner timely
requests an administrative hearing.
(c) In determining whether an animal shall be designated Vicious, in addition
to any other facts and circumstances of the incident(s), the applicable
decision-maker may consider the following potentially mitigating factors.
(1) Whether at the time of the injury, attack or molestation, the Person
or animal suffering the injury, attack, or molestation:
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(i) provoked, tormented, teased, abused, or assaulted the
animal, thereby causing or contributing to the alleged
behavior
(ii) committed a willful trespass or other tort upon the private
property of the Owner or Caretaker of the animal; and/or
(iii) threatened or committed an unjustified attack or assault
against the Owner, Caretaker, or other Person in control of
the charged animal.
The failure of the Owner or other Person in control of a victim
animal to have the animal on a leash shall not, in itself, constitute a
mitigating factor in any attack.
(2) W hether the Owner is willing and able to comply with the
conditions of a Dangerous Animal permit, and whether the animal
can be safely maintained on a Dangerous Animal permit
considering the nature of the attack and cooperativeness and
abilities of the Owner.
(d) The decision-maker may also consider, among any other relevant facts
and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by
any governmental jurisdiction as, "dangerous", "vicious", or any
other similar designation, and/or the animal Owner’s prior
compliance or lack thereof with any applicable Dangerous Animal
permit requirements or this Chapter;
(2) the attacking animal’s history of attacks, bites or threatening
behavior;
(3) whether the animal demonstrated such aggressive behavior that it
is reasonable to conclude that the animal cannot be safely
maintained with a Dangerous Animal permit; and
(4) whether the Owner is unable or unwilling to comply with the
conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal
designation, the Owner may request an administrative hearing to be
conducted according to the procedures set forth in section 6.04.150 of
this Chapter. The Owner shall submit a written request for a Vicious
Animal hearing to the Animal Control Off icer within seven (7) calendar
days of the written notification by the Animal Control Officer and/or peace
officer that the animal has been declared Vicious .
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(f) Should the Owner not submit a request for an administrative hearing
within the required timeframe, the administrative hearing process shall be
deemed waived, the Vicious Animal designation will be considered final for
purposes of exhaustion of administrative remedies, and the animal will be
subject to disposition by the Animal Control Officer, peace officer, or City
or County designee. The Owner shall lose all rights of Ownership and
control of the animal, and the animal will be subject to humane
euthanasia, unless another disposition is deemed appropriate by a City
and/or County designee, without further notice to the Owner.
(g) The unwillingness of a victim or a particular witness to testify at a hearing
shall not prevent designation of an animal as Vicious as long as sufficient
evidence exists to support the designation.
(h) If after investigation, an Animal Control Officer and/or peace officer
determines that the animal is not Vicious, the Officer will prepare a written
decision upon request by any victim suffering physical injury or an Owner
of a victim animal, either of whom may appeal that determination. Any
victim suffering physical injury as a result of the attack, or Owner of a
victim animal, may appeal the determination that an animal is not Vicious
by submitting, within seven (7) calendar days of the service of the decision
pursuant to section 6.04.260, a written request to the Animal Control
Officer for an administrative hearing and paying the required fee as set
forth in Section 6.04.350 of this Chapter. The administrative hearing shall
be conducted according to the procedures set forth in section 6.04.150 of
this Chapter.
6.04.140 - Providing False Information.
It shall be unlawful for a Person to willfully and knowingly provide false or
misleading information to Animal Control Program staff, including but not limited to an
Animal Control Officer, peace officer, Animal Control Program Manager, and/or hearing
officer regarding animal ownership, licensing, rabies vaccination, medical treatment and
condition, and/or any other matter pertaining to the enforcement of state or local law.
6.04.150 - Administrative Hearing Procedures.
(a) Administrative hearings held under this Chapter shall be conducted by a
hearing officer or designated representative appointed by the Director or
designee of the San Mateo County Health Department. Any city
contracting with the County for animal control services may elect to utilize
the services of any San Mateo County designated hearing officer to
conduct hearings on behalf of the city pursuant to tha t city's animal control
ordinances. The hearings shall be scheduled no less than seven (7)
calendar days and no more than fifteen (15) calendar days from the
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receipt of the request for the hearing unless the hearing officer finds good
cause for continuance.
(b) The Animal Control Officer or peace officer conducting the investigation
shall provide their investigation report and any evidence gathered by the
officer to the Animal Control Program Manager or designee no less than
72 hours prior to said administrative hearing. The Animal Control Program
Manager or designee will promptly provide the report to the parties to the
case, including the Owner of the subject dog and the Owner of the victim
dog.
(c) The administrative hearing shall be conducted in an informal manner
consistent with due process of law. Any party may be represented by
counsel. The parties may present relevant evidence including witnesses.
The strict rules of evidence shall not be applicable. Any relevant evidence,
including but not limited to hearsay evidence, may be admitted if it is the
sort of evidence on which reasonable Persons are accustomed to rely on
in the conduct of serious affairs. The hearing officer shall decide the
matter based on preponderance of the evidence presented at the hearing.
The administrative hearing shall be recorded, and all documentary
evidence submitted at the administrative hearing shall be preserved by the
Animal Control Program Manager for a period of no less than two years.
Any party may arrange for a court reporter to be present. Any party
desiring the presence of a court reporter shall make all necessary
arrangements and shall be responsible for payment of all costs.
(d) The hearing officer may exclude disorderly or disruptive Persons from the
hearing or make other orders as necessary to ensure the fair and orderly
conduct of the administrative hearing.
(e) The hearing officer may decide all issues for or against the Owner(s) of
the involved animal(s) even if the Owner(s) fail to appear at the hearing.
(f) Within seven (7) calendar days of the administrative hearing, the hearing
officer shall render a written decision, which shall be final for the purposes
of exhaustion of administrative remedies upon the date of mailing. The
Animal Control Program Manager or designee shall mail the written
decision and affidavit/certificate of mailing showing the date of mailing, on
behalf of the hearing officer, by first class mail, postage prepaid. The
decision will be mailed to the Owner of the alleged Dangerous or Vicious
Animal, the victim or Owner of the victim animal, and the investigating
Animal Control Officer or peace officer.
(g) If the animal is designated Dangerous, the Owner must apply for and
obtain a Dangerous Animal permit as provided by this Chapter within
seven (7) calendar days of the decision letter in order to maintain the
animal and the Owner must comply with all mandatory Dangerous Animal
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permit rules and regulations as defined in section 6.04.120 of this Chapter.
A hearing officer may impose additional permit requirements as set forth in
this Chapter.
(h) If the animal is designated Vicious, the Owner of such animal shall lose all
rights of ownership and control of the animal, and the animal will be
subject to humane euthanasia, unless another disposition is deemed
appropriate by a City and/or County designee, without further notice to the
Owner. An animal designated as Vicious will be held at the animal shelter
for a minimum of seven (7) calendar days from the date of the hearing
officer's decision, prior to any proposed euthanasia.
(i) Unless the hearing officer for good cause otherwise determines, the party
requesting the administrative hearing is liable for all costs related to such
hearing. A determination by the hearing officer that the animal is not
dangerous or vicious shall constitute good cause.
(j) Hearing officer decisions are appealable to the San Mateo County
Superior Court by filing a Petition for Writ of Administrative Mandate
pursuant to California Code of Civil Procedure, Section 1094.5 and
1094.6.
(k) The procedures and/or definitions pertaining to potentially dangerous and
vicious dogs set forth in the California Food and Agricultural Code Chapter
9, beginning with section 31601, are not adopted and do not apply within
San Mateo County. As authorized by Food and Agricultural Code section
31683, the County has adopted its own program for regulation of
dangerous and vicious dogs as contained in this Chapter.
6.04.160 - Animals to Be Impounded.
(a) The Animal Control Program may impound any animal kept or found under
conditions that constitute a violation of this Chapter or other state or local
law. The animal's Owner shall be responsible for all costs incurred or fees
applicable with respect to such impoundment and maintenance in the
shelter.
(b) An Animal Control Officer or peace officer may impound or cause to be
impounded an animal when there is reasonable cause to believe that such
animal posed, or poses, a threat to the public’s health and safety, or the
health and safety of another animal. The animal may remain impounded
for a period not to exceed fifteen (15) calendar days in order to investigate,
and to determine whether or not said animal is Dangerous or Vicious as
defined by this Chapter. In calculating the fifteen (15) calendar days, the
first day of impoundment is not included. If an animal is not impounded
within fifteen (15) calendar days after an investigation began, the Animal
Control Officer or peace officer shall make a determination whether or not
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the animal is Vicious or Dangerous and shall notify the Owner of said
animal as soon as reasonably practical thereafter.
(c) Within twenty-four (24) hours of the impoundment of any animal, the
impounding Animal Control Officer shall serve the Owner of the animal
with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required
license fee and/or other applicable charges and fees have been paid. In
the event such animal is not redeemed within the time set forth by State
law, it shall be deemed abandoned and may be adopted, transferred to a
rescue, or disposed of in the manner determined by the Animal Control
Program. The Animal Control Program shall issue to the Owner or Person
responsible of the care, custody, and control of said animal a receipt
showing an itemized description and the amount of the fee(s) paid.
(e) The Animal Control Program shall keep a record of all animals
impounded, which record shall include a description of the animal, the
date of its receipt, the date and manner of disposal, the name of the
Person redeeming, adopting, or purchasing, the fees, and/or charges
related to the animal. Said records shall be kept for a period of seven (7)
years.
6.04.170 - Stray Animals.
Any Person who finds or picks up a stray or lost animal shall report the same to
the Animal Control Shelter within twenty-four hours thereafter and shall release such
animal to the Animal Control Shelter upon demand.
6.04.180 - Epidemics.
The San Mateo County Health Officer may determine and declare that rabies or
other contagious diseases are epidemic or that other health and safety hazards exist
among dogs or other animals within the County. Upon the making of such a
declaration, the Health Officer shall prepare and promulgate such orders, rules, and
regulations as are necessary for appropriate control of all the animals concerned within
the County. Said rules and regulations of the Health Officer may include, but are not
limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of
the Animal Control Officers to assist the Health Officer in carrying out such rules and
regulations.
6.04.190 - Bite Reporting Requirements.
(a) Any Owner or other Person who is responsible for the care, custody, or
control of an animal that bites a human or other animal shall provide their
name and current residence address and telephone number and shall
present their driver's license or other form of identification and any
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information regarding any rabies vaccination for the biting animal to the
person bitten or the Owner of the animal bitten. If the Person bitten is a
minor, the Owner or Person in control of the biting animal shall provide the
required information to the parent or guardian of the minor.
(b) In addition to the above requirements, it shall be the duty of any Person
having knowledge of any animal which has bitten a human being or other
animal within the County to immediately, in no case later than the end of
the next calendar day, report the bite to an Animal Control Officer or
peace officer and to furnish as much information as possible, including
date, time and location of bite, description of animal or Person bitten,
name and license number of the biting animal, and rabies vaccination
history of the biting animal.
6.04.200 - Administrative Citations.
(a) Should an Animal Control Officer, Humane Officer or peace officer
determine that a Person has violated any provision this Chapter, that
enforcement officer shall have authority to issue and serve notice of an
administrative citation as set forth in section 6.04.260, to the Person
violating the Chapter.
(b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other Person to be cited.
(2) The date(s) of the violation.
(3) The address or a specific description of the location where the
violation occurred.
(4) The section, subsection, and/or provision of this Chapter violated by
the Person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation
described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should
the violation continue or be repeated.
(7) Either:
i) The amount of the administrative fine charged and to be paid
by the Person cited as a result of the violation; or
ii) A notice to correct a certain violation within a reasonable
time, and the amount of an administrative fine that may
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occur if the violation is not corrected or remedied by the date
specified.
(8) A description of the procedure to pay the fine, to include the time
period for and place of payment, and the process by which the
County may collect any unpaid amount owed.
(9) A description of the administrative citation review process, including
the time within which the administrative citation may be appealed
and how to appeal the administrative citation, including any form to
do so.
(10) The name and signature of the citing Animal Control Officer,
Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which
conveys the information set forth above.
6.04.210 - Appeal of Administrative Citation.
(a) A recipient of an administrative citation may contest the citation including,
but not limited to, on the basis that the underlying violation did not occur,
or that recipient is not the party responsible for the violation and thus was
the improper recipient of the administrative citation. The recipient must
contest the citation on the form provided by the Animal Program Manager
or Animal Control Officer and file the appeal with the Animal Control
Program Manager within twelve (12) calendar days from the date of
service of the administrative citation. Any appeal not timely filed will be
rejected.
(b) The appeal shall contain the following provided by the Person appealing
the citation:
(1) The name, mailing address, and telephone number of the party
requesting the appeal;
(2) A copy of the administrative citation or a reference number thereto;
(3) A statement of the grounds for the contest, including a description
of the evidence to be presented in support of the contest and
copies of any statements or documents to be submitted at the
hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be
refunded if the appeal is successful.
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(c) Should an appeal be properly and timely requested, the requesting party
shall be provided a hearing before a hearing officer to be held pursuant to
the procedures set forth in section 6.04.150 as applicable. The Animal
Control Program shall notify the Person requesting the appeal hearing of
the time and place set for the hearing pursuant to section 6.04.260.
6.04.220 - Payment of Administrative Fines.
(a) In the absence of an appeal by the recipient of the administrative citation,
the Person cited shall pay the administrative fine in full within thirty (30)
calendar days from the date of service of the notice of citation. In the event
of an appeal, after which the violation is upheld, if not already paid, the
fine shall be paid in full within ten (10) calendar days after the date that the
decision of the hearing officer was served on the recipient.
(b) Payment of any fine shall not excuse the failure to correct the violation, nor
shall it bar further enforcement of the same or any similar violation or any
other violation by any applicable means.
(c) Failure to pay any fines assessed within the guidelines set forth in this
Chapter will result in a late charge pursuant to section 6.04.230, which will
be collected by the Animal Control Program Manager.
6.04.230 - Amount of Administrative Fines.
(a) Any Person issued an administrative citation for a violation of, and
pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same
violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same
violation within a one-year period.
6.04.240 - Misdemeanor Violations.
(a) A Person violating any provision of this Chapter shall be guilty of an
infraction except as otherwise specifically provided.
(b) A Person violating any provision of section 6.04.050, subsection (a) of
section 6.04.090 or subsection (a) of section 6.04.130 of this Chapter shall
be guilty of a misdemeanor.
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(c) This section shall not limit any other available criminal, civil or
administrative remedies. Any or all applicable remedies shall remain
available for violation of the provisions of this Chapter.
6.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative.
(a) Violation of this Chapter is a public nuisance subject to any and all
applicable civil, administrative, and criminal remedies, according to the
provisions and procedures set forth in this Chapter and other applicable
state and local law.
(b) This section is not intended to limit any other available criminal, civil or
administrative remedies. Any or all applicable administrative, civil and /or
criminal remedies shall be available for violation of the provisions of this
Chapter.
(c) Each day a violation continues shall constitute a separate violation.
6.40.260 - Service of Documents and Notices.
(a) Unless otherwise specified herein, the appropriate representative of the
Animal Control Program shall provide any required notice or service of
documents in the one of the following manners: (1) by personal delivery to
the Person to be notified or served; or (2) by posting on the property at the
address where the subject animal is licensed or the Owner of such animal
resides; or (3) by depositing in the United States Mail, in a sealed
envelope, first class postage prepaid, and addressed to such Person to be
notified or served at their last-known business or residence address or as
the same appears in the last equalized County assessment roll. Service by
mail shall be deemed complete at the time of deposit in the United States
Mail receptacle and shall include a declaration or affidavit of service which
shall include notice of the date mailed. If agreed in writing by the Person
to be served, notices or documents may be served electronically at the
address provided by the Person to be served, to be effective upon being
sent.
(b) Failure to receive any notice specified herein does not affect the validity of
proceedings conducted hereunder.
6.04.270 - Field Return Fee.
A fee shall be charged for any animal impounded by a representative of the
Animal Control Program and returned by an Animal Control Officer in the field to the
Owner or Person who is responsible for the care, custody, or control of the animal. The
fee charged shall be paid by the Owner or Person who is responsible for the care,
custody, or control of said animal. Such fee shall be set forth in Section 6.04.350.
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6.04.280 - Redemption and Spay/Neuter Fee.
(a) Upon redemption of any impounded unaltered animal, the Person
responsible for the care, custody or control of any animal will be required
to pay a spay or neuter fee in the amount of $100 .00 in addition to the
impound fees imposed under Section 6.04.350 of this Chapter. Such fee
shall be refundable upon proof of spay and neuter of the animal within
thirty (30) calendar days following the date of redemption.
(b) Any unaltered animal impounded twice or more within a three-year period
shall be altered at a cost to be paid by the Owner/Caretaker or person
responsible for the care, custody, or control of said animal prior to
redemption. At the option of the Owner/Caretaker or Person responsible
for the care, custody, or control of said animal, required spaying or
neutering may be performed by a private veterinarian within thirty (30)
calendar days.
(c) Any Owner or Caretaker of an impounded animal subject to mandatory
spay/neuter under Subsection (b) of this Section may appeal this
requirement by submitting a written request for an administrative hearing
to the Animal Control Program Manager. The administrative hearing will
be conducted according to the provisions of Section 6.04.150 of this
Chapter.
(d) The Animal Control Program Manager may waive any County or City fee
for County or City spay/neuter, vaccination or impoundment of an animal,
if the animal is a feral or stray cat and the Person bringing the animal to
the shelter agrees that the Person shall have no rights in the animal or any
right to direct or control treatment or disposition of the animal by the
Animal Control Program which will retain sole discretion in determining the
disposition of the animal, which may include but not be limited to treatment
and/or adoption, or euthanasia.
6.04.290 - Quarantine Fee.
A quarantine fee, as set forth in Section 6.04.350, shall be paid by the Owner or
Caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee
is in addition to any other fees charged set forth in Section 6.04.350 of this Chapter to
recover costs incurred by the Animal Control Program for the sheltering and caring for
the quarantined animal.
6.04.350 - Schedule of Fees and Charges.
This Section 6.04.350 sets forth the fees for the Animal Control Program and
Licensing Program. No animal shall be released to its Owner, or other person
responsible for the care, custody, or control of the animal, unless applicable fees have
been paid.
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Animal Control and Licensing fees and charges established by this code are as
follows:
(a)
(a) License Fees.
Dogs
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
$23.00
$64.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
Cats
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
$12.00
$31.00
Altered cat
1-year license $8.00
3-year license $19.00
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Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals — horses, cows, hogs,
sheep, etc.)
Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)
Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
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Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs/ $25.00
Unaltered — dogs/ $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other)
Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees
Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
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Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.)
Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds
Over 100 pounds
$60.00
$125.00
DOA Disposal: Under 100 Pounds
Over 100 pounds
$30.00
$100.00
(d) Other Animal Control Fees
Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(b) Miscellaneous Fee Provisions
(1) The Animal Control Program, and/or Licensing Program, may
establish license discounts for recognized animal rescue organizations.
(2) License fees include a one dollar ($1) annual surcharge on all
licenses for the animal population trust fund.
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(3) At the discretion of the Animal Control Program Manager, a
payment plan for all fees outstanding may be permitted upon a
showing of good cause. If a Person is in compliance with an
agreed upon payment plan, their outstanding balance shall never
be considered “nonpayment” as that term is used in this Chapter.
(4) The animal control fees for any animal related service not specified
in this section shall be reviewed by the Chief of Health or their
designee for reimbursement of costs. The Chief of Health or their
designee shall have the authority to determine the fee charged for
said services. The fee charged shall be paid by the Owner or
Caretaker of the animal(s) for which said service(s) have been
provided.
(5) Each calendar year, the Animal Control Program Manager shall
designate one month as an amnesty period for payment of cat and
dog license late fees and for compliance with section 6.04.020 of
this Chapter, as provided herein. During the amnesty period,
applicants for cat and dog licenses shall not be assessed any late
penalty fee or any other penalty for failure to obtain such license or
pay any applicable license fee, notwithstanding sections 6.04.040
and 6.04.350 of this Chapter.
(6) All revenue derived from the fees, fines, forfeitures, and penalties
related to the enforcement of this ordinance shall be used to offset
the cost of enforcement and administration of this Chapter.
(7) If the Animal Control Program Manager determines that payment of
any fees by the Owner or Caretaker for an impounded animal
would cause extreme financial difficulty to the Owner or Caretaker,
and that it is in the best interests of the County to allow release of
the animal upon these terms, the Animal Control Program Manager
may , at their discretion, set up a payment plan or waive all or
part of the fees incurred for the animal.
6.04.360 – Scope.
The provisions of this Chapter shall be in effect in the unincorporated areas of
this County and, except where so adopted, are not applicable to any City.
6.04.370 – Severability.
If any section, subsection, sentence, clause, phrase , or word of this Chapter
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, clause, phrase, or word of this Chapter.
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SECTION 2. This ordinance shall become effective thirty days after adoption.
* * * * * *
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AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND
THE CITIES OF ATHERTON, BELMONT, BRISBANE, BURLINGAME,
COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY,
HILLSBOROUGH, MENLO PARK, MILLBRAE, PACIFICA, PORTOLA
VALLEY, REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO,
SOUTH SAN FRANCISCO, AND WOODSIDE FOR FACILITATION AND
COORDINATION OF ANIMAL CONTROL SERVICES
THIS FACILITATION AND COORDINATION OF ANIMAL CONTROL
SERVICES AGREEMENT, hereinafter called “Agreement”, entered into this first
day of July, 2021, by and between the COUNTY OF SAN MATEO, hereinafter
called “County,” and Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City,
East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae,
Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo,
South San Francisco, and Woodside, each hereinafter individually called a “City”
and collectively called the “Cities”;
WITNESSETH
WHEREAS, the Cities have passed and are responsible for enforcing
local ordinances governing the regulation, licensing and impounding of certain
animals within the territorial limits of the Cities; and
WHEREAS, the Cities and County, hereinafter collectively called “Parties”,
wish to enter into a written agreement for animal care and control, shelter
services, and animal licensing, in which the County agrees to facilitate provision
of and the Cities agree to reimburse the County for the costs of specified animal
care and control, shelter services, and animal licensing hereinafter set forth, as
they have done for over 70 years with the current Agreement expiring on June
30, 2021; and
WHEREAS, in order to facilitate coordinated countywide system of animal
care and control, shelter services, and animal licensing as desired by Cities,
County is agreeable to facilitating the provision of such services on the terms and
conditions as hereinafter set forth; and
WHEREAS, the Cities desire the County facilitate and coordinate animal
control and licensing on a countywide basis on behalf of the Cities and County
for a term of 5 years ending on June 30, 2026; and
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WHEREAS, such agreements are authorized and provided for by Section
51300, et seq. of the California Government Code and under the Parties
respective police powers.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES
HERETO AS FOLLOWS:
1. Exhibits and Attachments
The following exhibits are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A— Contract Areas
Exhibit B— Proportionate Share of Cost
Attachment 1 – Agreement between County of San Mateo and the Peninsula
Humane Society and SPCA
Attachment 2 - Agreement between County of San Mateo and PetData Inc.
Attachment 3 - Memorandum of Agreement Regarding Funding For
Construction Of An Animal Care Shelter
2. Definitions
2.1 Administrative Costs: The actual costs, including, but not limited to,
salaries, benefits, dispatch, and equipment maintenance, incurred by
the County to administer the Animal Control Program and Animal
Licensing Program as outlined in this Agreement in an effort to facilitate
a coordinated countywide system.
2.2 Animal Control Contractor: The contractor selected as set forth in
Section 5.2 of this Agreement, which is specifically charged with
providing services and enforcing laws relating to h animal care and
control, shelter services and animal licensing within the territorial limits
of the County and the Cities and pursuant to the terms of this
Agreement.
2.3 Animal Control Program: The program within the Health System of the
County, or County’s designated contract agent, or both, or such other
agency as the County of San Mateo Board of Supervisors may
designate, which is specifically charged with regulating and enforcing
laws dealing with animal control within the territorial limits of the County.
2.4 Animal Control Services Agreement or Services Agreement:
Agreement in which the Animal Control Contractor agrees to perform on
behalf of Parties and the County agrees to compensate, using County
and City funds, the Animal Control Contractor for performance of certain
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specified animal care, animal control, and shelter services as provided
for in this Agreement.
2.5 Animal Licensing Contractor: The contractor as set forth in Section
5.2 of this Agreement, which is specifically charged with administering
and enforcing laws dealing with animal licensing within the territorial
limits of the County and the Cities and pursuant to the terms of this
Agreement.
2.6 Animal Licensing Program: The program within the Health System of
the County, or County‘s designated contract agent, or both, or such
other agency as the County of San Mateo Board of Supervisors may
designate, which is specifically charged with regulating and enforcing
laws dealing with animal licensing within its jurisdiction.
2.7 Animal Licensing Services Agreement: Agreement in which the
Animal Licensing Contractor agrees to perform on behalf of the Parties
and the County agrees to compensate, with County and City funds,
Animal Licensing Contractor for performance of certain specified animal
licensing services as provided for in this Agreement.
2.8 City or Cities: Any or all of the cities listed in Exhibit A, attached and
incorporated by reference herein.
2.9 Holidays: Federally designated holidays with the addition of Easter and
exclusion of Columbus Day, in accordance with the Animal Control
Contractor’s and Animal Licensing Contractor’s existing labor contracts.
2.10 Impounded Animal: An animal that has been picked up by Animal
Control Contractor, other public employee or officer, or by a private
citizen and deposited at the County animal shelter.
3. Each City’s Responsibilities
3.1 Delivery of Animals. Any animal taken into custody by an employee or
officer of the County or an employee or officer of a City shall be
delivered to the Animal Control Contractor at the County animal shelter
or held in a humane way at a designated holding area until it can be
picked up by Animal Control Contractor.
3.2 Uniform Ordinances and Citation Authority. This Agreement is based
on an expectation that each City will adopt and maintain animal control
ordinance(s) which are substantially the same as the provisions of
Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County
Ordinance Code, as they currently exist or maybe amended by County
from time to time, to be effective within each City’s territorial limits. The
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fee schedule adopted by each City shall be the same as outlined in
Chapter 6.04.290, as may be amended by County from time to time, of
the San Mateo County Ordinance Code, hereinafter “County
Ordinance”.
City acknowledges that the County plans to amend its animal control
ordinances, with the goal for adoption within the next twelve (12)
months.
Enforcement of provisions of any City’s ordinance to the extent that it
differs substantially from the County Ordinance, as amended by County
from time to time, and results in an increase to Animal Control
Contractor’s costs, shall be reimbursed directly by the City requiring
additional services, as negotiated between the City requiring additional
services and the Animal Control Contractor. Provision of services under
the Animal Control Services Agreement shall take priority over such
additional services provided separately pursuant to this Section.
3.3 Designation of Animal Control & License Revenue Collector. Each
City hereby designates the Health System of the County or County’s
designated contractor as the entity authorized to collect, at Cities’ cost,
animal control and licensing revenue on the part of each City.
3.4 Permits for Public Events. Each City shall request input from the
Animal Control Contractor prior to issuing permits for public exhibitions
and events which include animals. The Animal Control Contractor is
entitled to recover costs directly from the City in which exhibition or
event will be located which relate to staffing that may result during or
after the exhibition or event. Such costs will be collected by the Animal
Control Contractor based on a fee schedule approved by the City in
which the event is taking place, or as agreed between the Animal
Control Contractor and the individual City. Any agreement with the
Animal Control Contractor will require expeditious review of permits and
input to the City. The provisions of this paragraph do not apply to public
exhibitions and events where the only animals included in such events
are anticipated to be service animals or police dogs.
3.5 City Liaison. Each City shall designate a representative to act as a
liaison for animal control and licensing administration and enforcement
issues for when County requests input from the City. If no contact
person is designated, the City contact person shall be the City Manager.
3.6 Defense of Dangerous/Vicious Animal Determinations,
Spay/Neuter Requirements, and Service Animal Designations.
Parties acknowledge that each City is and will remain solely responsible
for arranging and conducting hearings under its Dangerous and Vicious
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Animal, Spay/Neuter, and Fancier Ordinances, including but not limited
to providing hearing officers and a location for the hearings. The cost to
hold the hearing will be the sole responsibility of each City and collection
of the hearing fee, based on the City’s fee ordinance, will be collected
and retained by the City.
However, the Parties agree that, at a City’s option and for its
convenience, a City may utilize County offices and/or the services of the
County hearing officers for purposes of conducting Dangerous/Vicious
Animal Hearings under the provisions of each City’s Dangerous and
Vicious Animal Ordinance, Spay/Neuter Hearings under the provision of
each City’s Spay/Neuter Ordinance, and/or Fancier Hearings under the
provision of each City’s Fancier Ordinance. The hearing fee, based on
the City’s fee ordinance, will be collected from the person requesting the
hearing by the County under the terms of this Agreement, if possible. If
such fee is not collected, the City shall remain responsible for such
costs.
The Parties also recognize that in the event a City elects to utilize the
services of a County hearing officer, the City remains solely responsible
for the defense of any appeal of or challenge to an administrative
decision rendered by the hearing officer. Further, the City remains
responsible for any claims, damages, costs or other losses resulting
from any decision, act or omission of the hearing officer acting in the
course and scope of his or her capacity as hearing officer or from any
court judgment based on claims, actions or appeals resulting from
Dangerous/Vicious Animal hearings, decisions or findings; Spay/Neuter
requirements, hearings, decisions or findings; and/or Fancier
requirements, hearings, decisions or findings made under each City’s
ordinances.
Furthermore, the Parties agree that, at a City’s option and for its
convenience, County offices will issue Service Animal tags and
Breeder/Fancier Permits on behalf of each City upon County’s
determination that such tag or permit shall be issued on behalf of the
City. Each City shall remain responsible for the decision to issue or not
issue a Service Animal tag and/or issue or not issue a Breeder or
Fancier Permit and shall remain responsible the defense of any action or
claim and payment of any claims, damages, costs, or other losses
resulting from such decision.
3.7 In consideration of the services that will be coordinated and facilitated by
County and provided by the Animal Control Contractor and Animal
Licensing Contractor in accordance with all terms, conditions, and
specifications set forth herein, and in the exhibits and attachments
incorporated by reference herein, each City shall pay County based on
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the rates and in the manner specified below.
Proportionate Share of Costs. Each City’s proportionate share of the
cost of services (“Proportionate Share of Costs”) provided under this
Agreement shall be calculated as a percentage representing:
a. That City’s percentage of total field services provided, averaged
over the prior three calendar years;
b. That City’s percentage of total shelter services provided, averaged
over the prior three calendar years;
c. With field services weighted at 41% and shelter services weighted
at 59%.
Net Program Costs. Each City shall pay the net program costs
attributable to that City (“Net Program Costs”) which will be calculated
as follows:
a. Determine total expenses for all services including Administrative
Costs as defined in Section 2 of this Agreement and Animal Control
Contractor and Animal Licensing Contractor costs;
b. Subtract all revenue received, not including licensing revenue;
c. Attribute the balance to each City based on that City’s
Proportionate Share of Costs.
d. Subtract from each City’s share of the balance the actual licensing
revenue collected for that City during the previous calendar year.
Annual Invoices. Each City will be invoiced for its Net Program Costs
as follows:
a. The County will calculate each City’s Proportionate Share of Costs,
estimate Net Program Costs for the following fiscal year (July 1 –
June 30), and will send an estimated invoice containing that
information to each City no later than March 31st of each year;
b. The County will send a final invoice (“Final Invoice”) based on
actual Net Program Cost to each City no later than December 15th
of each year; and
c. Each City shall pay the County the amount shown on the Final
Invoice no later than February 28th of each year.
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4. County Responsibilities
4.1 Payments to be paid to Animal Control Contractor and Animal
Licensing Contractor by the County and each City are as follows:
a. The County will pay Animal Control Contractor the following
agreed-to amounts. These costs are to be reimbursed by the
Cities as provided in Section 3.7 above.
Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
b. The County will pay Animal Licensing Contractor the following
agreed-to amounts. These costs are to be reimbursed by the
Cities as provided in Section 3.7 above (the table in 4.2 includes
the payment for the contract Petdata for approximately $192,000).
Current Contract
2016-2021
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each
additional year
Late fees collected $2.50 collection service fee for each license
Replacement tags $4.28 per tag
Bank and supply fees Actual cost
4.2
The County shall provide the administrative services as outlined in this
Agreement for the following estimated amounts to be charged to and
paid by the Cities. Costs may vary as labor negotiations and internal
service charges are negotiated at a Countywide level. Cities will only be
invoiced for the actual costs to provide said services as outlined in this
Agreement and are to be reimbursed by the Cities as provided in
Section 3.7 above.
Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
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4.3 In consideration of the payment provided for in Sections 3.7 and 4.2,
the County shall, for the administrative convenience of the Cities and
for the purpose of coordinating animal services countywide, provide the
additional following administrative services:
a. Work with the City Attorney, designated City liaison or City
Manager of each City on any issues that require input from the City,
including, but not limited to, during and following the administrative
hearing process.
b. Collect, maintain, and report available data as requested by each
City, including, but not limited to, annual Performance Measures.
The Animal Control Program Manager or designee will monitor the
performance of the Animal Control Contractor and Animal
Licensing Contractor and will notify the City Liaison if there is a
deficiency in service found. A meeting will be scheduled with
Contractor and City liaisons to discuss a plan to correct the service
deficiency.
c. With direction from each City, respond on behalf of each City to
public inquiries regarding the Animal Control Program and the
Animal Licensing Program.
d. Provide monthly report showing field, shelter, licensing activities,
and Dangerous Animal Permit holders.
e. Provide dispatch services for after-hours/holiday calls for animal
control and licensing.
f. Provide radio maintenance services on radio equipment owned by
the Parties and used to perform services as outlined in Attachment
1 – Agreement between County of San Mateo and the Peninsula
Humane Society and SPCA – Attachment M - County-Owned
Radio Equipment.
g. For the convenience of the Cities, provide animal licensing tags for
dogs, cats, animals held under a Dangerous Permit, and animals
designated as Service Animals.
h. For the convenience of the Cities, make reasonable attempts to
collect and provide collection services for:
1. Animal control fees that are deemed uncollectable by the Animal
Control Contractor after reasonable efforts by the Contractor to
collect; and
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2. Licensing fees that are deemed uncollectable by the Animal
Licensing Contractor after reasonable efforts by the Contractor
to collect; and
3. Any other fees for services provided to each City under the terms
of this Agreement.
The County’s cost to provide collection services will be included in
the administrative cost to facilitate this Agreement. The Cities
acknowledge and agree that the County is not responsible for any
fees that remain uncollected after reasonable efforts are made to
collect. In the event that a City determines that additional collection
efforts are warranted, it may undertake such efforts at its own
expense. Any shortfall in revenues caused by uncollected fees
shall be the responsibility of all Cities based on the proportionate
share of costs.
i. Annually provide each City with the audit report required and
completed as outlined in Attachment 1.
j. Annually, arrange and oversee a performance audit or fiscal
assessment following the, Generally Accepted Government
Auditing Standards (GAGAS) to assess whether the Animal Control
Contractor is achieving efficiency and effectiveness in performance
of the services provided and provide a copy of the performance
audit to the Cities. The parameters of the audit and cost will be
determined by a subgroup of all Parties through a County Request
for Proposal process. Cities will be invoiced for the actual cost of
said audit as outlined in Section 3.7 (estimate cost of $81,000 has
been added to the administrative cost table in section 4.2).
k. For Spay/Neuter Assistance Vouchers:
1. Allocate one dollar from each annual license fee paid for a dog
or cat to:
i. When funds are available as determined by the County,
assist pet owners and feral cat advocates with the cost
to alter the dogs, cats, and feral cats that reside in the
County on a county wide basis; and
ii. As funds are available as determined by the County,
execute outreach efforts to educate residents on the
responsibilities of owning a pet and the importance of
altering, vaccinating, and licensing all dogs and cats.
2. Issue, monitor and maintain a dog, cat, and feral cat database,
allocating funds to the appropriate category of need based on
the public’s requests.
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l. Pursuant to Section 3.6 of this Agreement, under the guidelines of
the US Department of Justice and the Americans With Disabilities
Act’s definition of “Service Animal” for the administrative
convenience of each City, and acting as a representative of each
City, issue Service Animal tags on behalf of each City upon
determination by the County on behalf of the City that such tag
shall be issued.
m. If each City’s ordinance so authorizes and the City so requests,
review and process each City residents’ requests and maintain
files for Breeders and Fanciers Permits.
n. Dangerous Animal Designations:
1. Issue Dangerous Animal tags when an animal has been so
designated by a peace officer employed by any City or County
or the Animal Control Contractor as such; and
2. The County will invoice annually and make reasonable efforts to
collect applicable fees for Dangerous Animal Permit holders;
and
3. Monitor data received from Animal Control Contractor; and
4. Send monthly updated reports to each City’s representative.
o. Pursuant to Section 3.6, for the administrative convenience of each
City, and acting as a representative of each City, conduct
administrative hearings for Dangerous and Vicious Animal
designations under the guidelines of the applicable City’s
ordinance.
p. Pursuant to Section 3.6, for the administrative convenience of each
City and acting as a representative of each City, conduct
mandatory spay/neuter and/or fancier permit administrative
hearings under the guidelines of the applicable City’s ordinance, if
any.
q. Provide in-person customer service at a minimum of two County
locations that are open during normal business hours to enable
residents the ability to obtain animal licenses and/or permits for all
dogs and cats.
r. Work with San Mateo County veterinarians to ensure anti-rabies
vaccination reporting as required by the County.
s. Receive, import, and export licensing and vaccination information
from the Animal Licensing Contractor into the Animal Control
Contractor database and vice versa on a weekly basis.
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t. Under the guidance of the County’s Health Officer, review and
process requests from pet owners to exempt their pet from the
requirement to obtain an anti-rabies vaccination as required by
State law or County ordinance and report annually to the
Department of Public Health.
u. Invoice animal owners pursuant to the County Fee Schedule
6.04.290, and similar City fee schedules, following a bite incident
that requires a quarantine of said animal.
5. General Provisions
5.1 Existing Agreements. Upon execution of this Agreement, any prior
existing agreements between the Cities and the County to facilitate and
coordinate Animal Control and Animal Licensing Services will be
terminated.
5.2 Contracting for Services. It is expressly understood and agreed that
the County will contract with the Peninsula Humane Society and SPCA,
a California nonprofit public benefit corporation (Animal Control
Contractor), or such other contractor as the Board of Supervisors and
Cities may designate, for the provision of Animal Control Services
including field enforcement, shelter and treatment services referred to
herein. Additionally, it is expressly understood and agreed that the
County will contract with PetData, Inc. or such other contractor (Animal
Licensing Contractor) as the Board of Supervisors and Cities may
designate, for the provision of Animal Licensing Services.
Shelter Services. Refer to Attachment 1 – Agreement between County
of San Mateo and the Peninsula Humane Society and SPCA.
Field Services. Refer to Attachment 1 – Agreement between County of
San Mateo and the Peninsula Humane Society and SPCA.
Veterinary Medical Services. Refer to Attachment 1 – Agreement
between County of San Mateo and the Peninsula Humane Society and
SPCA.
Operations. Refer to Attachment 1 – Agreement between County of
San Mateo and the Peninsula Humane Society and SPCA.
5.3 Animal Shelter.
The Parties acknowledge:
1. That the new Animal Care and Control Shelter has been constructed
and Contractor Peninsula Humane Society & SPCA is and will be
occupying it for the term of this Agreement in order to provide animal
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control services as set forth in Attachment 1.
2. The Parties have previously entered into a Memorandum of
Agreement regarding Funding of Construction of an Animal Care
Shelter, dated September 9, 2014 (“Memorandum”), attached and
incorporated as Attachment 3. The Parties agree that the total cost of
the shelter construction project is being updated as provided by Section
2 of the Memorandum, and the Parties agree that, when available,
County will provide to Cities the final total cost of the Shelter
construction which will be paid proportionately by each City as provided
by the Memorandum. Further, the Parties acknowledge and agree
that the proportionate share of each City will be amended as provided
by section 3 of the Memorandum. The Parties acknowledge that
continued animal control and shelter services to a City as provided
herein is contingent on that City approving any amended cost and
paying its proportionate share, as previously agreed in the
Memorandum”.
5.4 Facilities & Equipment.
a. If the County chooses, at its own discretion, to replace equipment,
at reasonable expense, but not to exceed $125,000, that is used
by the Animal Control Contractor and/or the Animal Licensing
Contractor solely for the purpose of providing services under this
Agreement, Cities agree that they will be financially responsible
for the purchase cost of said equipment based on their
Proportionate Share of Cost.
In the event that any party asserts that an emergency safety-
related repair is needed to the portions of the County Animal
Care and Control Shelter located at 12 Airport Boulevard in the
City of San Mateo that are used to provide contracted animal
control services and/or the County chooses to replace
equipment, at its own discretion, and the cost of said equipment
exceeds $125,000, the Parties agree to meet in good faith to
determine and agree which maintenance or repairs are required,
whether or not such repair work shall be undertaken, or if said
equipment should be replaced.
If the Parties terminate this Agreement or the Parties do not
renew this Agreement, all Parties agree to be financially
responsible in their Proportionate Share of Cost as set forth in
Exhibit B for the remaining cost of any lease for vehicles or
equipment used by the County’s designated contractor solely for
the purpose of providing services under this Agreement.
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b. Animal Control Contractor will send the County a quarterly
itemized report showing the repairs and maintenance performed
at the facility.
c. If Parties choose to terminate for reasons other than material
breach of the Animal Control Contractor’s Services Agreement or
Parties choose not to renew the Animal Control Contractor’s
Services Agreement, County and Cities shall be financially
responsible for the remaining cost of any lease for vehicles or
equipment used by the Animal Control Contractor solely for the
purpose of the Animal Control Contractor’s Services Agreement.
5.5 Fiscal and Program Monitoring. Each City agrees to participate
annually with County to discuss financial or programmatic issues
including, but not limited to, licensing activities, revenue sources,
performance measures, and ordinance revisions. The County or any
City may request a special meeting for this purpose and upon the
provision of reasonable notice.
Any changes in the amount to be paid to the Animal Control Contractor
or the Animal Licensing Contractor shall require the Board of
Supervisors and the affected City’s approval.
5.6 Use of Program Revenue. Each City agrees that all fees collected by
the County and/or the Animal Control Contractor and the Animal
Licensing Contractor, or both, for the purposes outlined in this
Agreement shall be retained by the County and used to cover the cost
of services provided under this Agreement, except for services
provided directly by or for a City and where fees are collected by said
City for services provided as described in Section 3.4 and 3.6 of this
Agreement.
5.7 Maintenance of Records. Records of animals impounded including the
description of each animal, date of receipt, date and manner of
disposal, treatment received, the name of the person redeeming or
adopting the animal, and the fees, charges and proceeds of adoption
shall be maintained by the County, through the Animal Control
Contractor, and made available to the Cities. In addition, statistical
information shall be provided on a monthly, quarterly and annual basis
to the Cities summarizing various field enforcement and shelter
activities occurring in each City and shelter activities initiated by
residents of each City.
5.8 Term and Termination. Subject to compliance with all terms and
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conditions, the term of this Agreement shall be from July 1, 2021
through June 30, 2026.
Except as otherwise provided by this section, this Agreement may not
be terminated by any party during the effective period from July 1, 2021
through June 30, 2026. Each City is responsible for its annual
percentage share under this Agreement for the entire term of this
Agreement.
In the event any City fails to pay its percentage share as set forth in this
Agreement and Exhibit B, every other City shall promptly pay its
Proportionate Share of Cost of the non-payment, unless and until the
County is able to recover the non-payment from the late or non-paying
City.
This Agreement shall automatically terminate in the event of
termination of the Animal Control Services Agreement. Upon
termination, the County shall have no further obligation to provide,
facilitate or coordinate services specified herein or in the Animal
Control Services Agreement or Animal Licensing Services Agreement.
Each City shall promptly pay its Proportionate Share of Cost as set
forth in Exhibit B for all services rendered prior to termination.
5.9 Amendments: Entire Agreement. Amendments to this Agreement
must be in writing and approved by the County Board of Supervisors
and the governing body of each City. This is the entire Agreement
between the Parties and supersedes any prior written or oral
agreements inconsistent herewith.
This Agreement, including the Exhibits and Attachments which are
incorporated herein by this reference, constitutes the entire Agreement
of the Parties to this Agreement regarding the subject matter of this
Agreement, and correctly states the rights, duties, and obligations of
each party as of the Effective Date. In the event that any term,
condition, provision, requirement, or specification set forth in the body
of this Agreement conflicts with or is inconsistent with any term,
condition, provision, requirement, or specification in any Exhibit to this
Agreement, the provisions of the body of this Agreement shall prevail.
Any prior agreement, promises, negotiations, or representations,
whether oral or written, between the parties not expressly stated in this
Agreement are superseded. All subsequent modifications or
amendments to this Agreement shall be in writing and signed by the
Parties.
5.10 Controlling Law and Venue. The validity of this Agreement and of its
terms or provisions, the rights and duties of the parties under this
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Agreement, the interpretation of this Agreement, the performance of
this Agreement, and any other dispute of any nature arising out of this
Agreement shall be governed by the laws of the State of California
without regard to its choice of law rules. Any dispute arising out of this
Agreement shall be venued either in the San Mateo County Superior
Court or in the United States District Court for the Northern District of
California.
5.11 Additional Services. Nothing contained herein shall preclude any City
from contracting separately for the provision of a higher level of service.
Any contract increasing the level of services will be supplemental to this
Agreement and will not affect the level of service provided for in this
Agreement.
5.12 Relationship of Parties. The Parties agree and understand that the
work/services performed or facilitated under this Agreement are
performed or facilitated by an independent Contractor, and not by an
employee of any City and that neither the County, its employees, the
Animal Control Contractor, or the Animal Licensing Contractor acquire
any of the rights, privileges, powers, or advantages of City employees,
and vice versa; however, the County may act as an agent on behalf of
each City where expressly set forth herein and, in such instances, each
City shall hold harmless, indemnify and defend the County from and
against any claims of any kind and/or actions for damages arising out
of the County’s actions undertaken on behalf of each City as set forth
herein.
5.13 Hold Harmless.
a. Each City shall hold harmless, indemnify and defend the County,
its officers, employees and agents from and against any and all
claims, suits or actions of every kind brought for or on account of
injuries or death of any person or damage to any property of any
kind whatsoever and whomsoever belonging which arise out of
the performance or nonperformance of each City’s covenants
and obligations under this Agreement and which result from the
negligent or wrongful acts of each City or its officers, employees,
or agents, including, but not limited to, those claims, suits, or
actions arising from activities performed by the County as a
representative of the City as set forth in Sections 3.6 and 4.2.
b. The County shall hold harmless, indemnify and defend each City,
its officers, employees and agents from and against any and all
claims, suits or actions of any kind brought for or on account of
injuries to or death of any person or damage to any property of
any kind and to whomsoever belonging which arise out of the
performance or non-performance of the County’s obligations
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under this Agreement and which result from the negligent or
wrongful acts of the County, its officers or employees. This
provision requiring the County to hold harmless, indemnify and
defend each City shall expressly not apply to claims, losses,
liabilities or damages arising from actions or omissions, negligent
or otherwise, of the Animal Control Contractor or the Animal
Licensing Contractor, or their officers, employees or agents,
under the services agreements with the County. Further, this
provision requiring the County to hold harmless, indemnify and
defend each City shall not apply to acts or omissions of the
County done on behalf of each City in performing administrative
tasks for the convenience of and as representative of each City,
including but not limited to those set forth in Sections 3.6 and
4.2.
c. In the event of concurrent negligence of the County, its officers or
employees, and the City, its officers and employees, the liability
for any and all claims for injuries or damages to persons and/or
property or any other loss or costs which arise out of the terms,
conditions, covenants or responsibilities of this agreement shall
be apportioned according to the California theory of comparative
negligence.
d. Notwithstanding anything in this Agreement to the contrary, the
Parties acknowledge that with respect to activities performed by
the Animal Control Contractor or the Animal Licensing Contractor
in the Cities’ territorial limits, the County serves solely as a
Contract Administrator and solely with respect to the specific
obligations contained within this Agreement and the agreements
between the County and the Animal Control Contractor and the
Animal Licensing Contractor. Accordingly, in the event the
County or the Cities are sued and the suit is related in any
manner to actions taken by the Animal Control Contractor or the
Animal Licensing Contractor solely in a particular City or the
Cities, the particular City or Cities, as the case may be, will hold
harmless, indemnify and defend the County, and any other City
that is named as a defendant in that suit from and against any
and all claims, losses or costs. In the event a City or the Cities
are sued and the suit relates in any manner to actions taken by
the Animal Control Contractor or the Animal Licensing Contractor
solely in the unincorporated area of the County, the County will
hold harmless, indemnify and defend the City or Cities named as
a defendant or defendants in that suit from and against any and
all claims, losses or costs.
e. The County agrees that in its Service Agreements with the Animal
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Control Contractor, the County will require the Animal Control
Contractor to indemnify each City to the same extent that the
County is indemnified and to name each City as a third party
beneficiary to the County’s Agreements with the Animal Control
Contractor and/or the Animal Licensing Contractor.
f. These indemnification and hold harmless clauses shall survive
termination of this Agreement and shall apply whether or not any
insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
5.14 Non-Discrimination. No person shall illegally be excluded from
participation in, denied the benefits of, or be subjected to discrimination
under this Agreement on account of their race, color, religion, national
origin, age, gender, sexual orientation, ancestry, marital status,
pregnancy, childbirth or related conditions, medical condition, mental or
physical disability or veteran’s status.
5.15 Notices. Any notice, request, demand, or other communication
required or permitted under this Agreement shall be deemed to be
properly given when both: (1) transmitted via facsimile to the telephone
number listed below or transmitted via email to the email address listed
below; and (2) sent to the physical address listed below by either being
deposited in the United States mail, postage prepaid, or deposited for
overnight delivery, charges prepaid, with an established overnight
courier that provides a tracking number showing confirmation of receipt.
Any notices required by or given pursuant to this Agreement to any City
shall be in writing and shall be delivered to the Clerk of that City at the
address of the principal business offices of the respective City listed in
the introduction of this Agreement or at such other address as any City
may specify in writing to the County.
In the case of County, to:
Name/Title: Lori Morton-Feazell, Program Manager of Animal
Control and Licensing
Address: 225-37th Avenue San Mateo, CA 94403
Telephone: 650.573.2623
Email: lmorton-feazell@smcgov.org
5.16 Condition Precedent. If this Agreement is not adopted by all twenty
Cities, it will become null and void in its entirely except that in such an
event, the County and any of the cities which are in agreement with the
terms and conditions of this Agreement may use it as the grounds for
considering an Agreement which may be acceptable to those parties.
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5.17 Electronic Signature. All Parties agree that this Agreement and future
documents relating to this Agreement may be digitally signed in
accordance with California law and the County’s Electronic Signature
Administrative Memo and the Parties understand and agree that
electronic signatures shall be deemed as effective as an original
signature.
5.18 Counterparts. The Parties may execute this Agreement in one or more
counterparts, each of which shall be deemed an original, but all of
which together shall be deemed one and the same instrument.
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IN WITNESS WHEREOF, the Board of Supervisors of the County of San
Mateo has authorized and directed the Health System Chief to execute this
Agreement for and on behalf of the County of San Mateo. The Cities of Atherton,
Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City,
Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley,
Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and
Woodside have caused this Agreement to be subscribed by its duly authorized
officer and attested by its Clerk.
Dated: COUNTY OF SAN MATEO
____________ _____________
President, Board of Supervisors
175
Dated:
ATTEST: TOWN OF ATHERTON
_________________________________
Town of Atherton, Clerk By
Anthony Suber
5/21/2021
176
Dated:
ATTEST: CITY OF BELMONT
_________________________________
City of Belmont, Acting City Clerk By
5/26/2021
177
11/1 ,-? t' ;J. � ;;u Dated: ----='� v 1�..::..!��,4-_v__,.1'------
A TTE ST: CITY OF BRISBANE
�e9----···-·--···
By Karen Cunningham, Mayor
178
CITY OF BURLINGAME
179
Dated: __ 5....,.-/4"--�___,,,,_/4_:2-_I __ 7 I
ATTEST: TOWN OF COLMA
180
Shawnna Maltbie
City Manager
May 25, 2021
181
Dated: _6_/_io_(_Z-o_"t.._( __
ATTEST:
City of
CITY OF EAST PALO ALTO
182
Dated:
ATTEST:CITY OF FOSTER CITY
_________________________________
City of Foster City, Clerk By
183
Dated:
ATTEST:CITY OF HALF MOON BAY
_________________________________
City of Half Moon Bay, Clerk By
184
Dated: June, I l/1 2 0 21
ATTEST:
own of Hillsborough, Clerk
TOWN OF HILLSBOROUGH
185
Dated:
ATTEST:CITY OF MENLO PARK
_________________________________
City of Menlo Park, Clerk By
186
Dated: Cpl\of 2.-02.-\
ATTEST:
City of Millbrae, Clerk �.A'C/fA�I/� �lf�ttit
187
Dated: 5,h 7 /2,-02-/
ATTEST: CITY OF PACIFICA
By
188
Dated:
ATTEST: TOWN OF PORTOLA VALLEY
_________________________________
Town of Portola Valley, Clerk By
May 26, 2021
189
Dated: __ '5. ....... /�=j<:...L/_:;;...2-_,_,f __ _
CITY OF REDWOOD CITY
190
Dated:
ATTEST: CITY OF SAN BRUNO
_________________________________
City of San Bruno, Clerk By
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SLOLOMON
City Attorney
jarc wafferano
govan drogan
City janager
SLQLOMON
SLQLOMON
jelissa qhurman
191
Dated:
ATTEST:CITY OF SAN CARLOS
_________________________________
City of San Carlos, Clerk By
192
Dated:
ATTEST:CITY OF SAN MATEO
_________________________________
City of San Mateo, Clerk By
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
193
Dated: Ju(IL ] , lo 7_j
ATTEST: CITY OF SOUTH SAN FRANCISCO
Gity of South San Francisco, Clerk
194
Dated: f/,z,& / 'v()'Z., I
ATTEST: TOWN OF WOODSIDE �,if
By {
195
40
EXHIBIT A
CONTRACT AREAS
The following Cities have contracted for services pursuant to this Agreement:
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
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EXHIBIT B
PROPORTIONATE SHARE OF COST
FY 2021-22 Proportionate Share of Cost:
Atherton 0.70%
Belmont 2.58%
Brisbane 0.90%
Burlingame 3.74%
Colma 0.53%
Daly City 10.13%
East Palo Alto 8.70%
Foster City 2.15%
Half Moon Bay 2.50%
Hillsborough 1.16%
Menlo Park 4.59%
Millbrae 1.92%
Pacifica 5.07%
Portola Valley 0.37%
Redwood City 12.55%
San Bruno 6.09%
San Carlos 3.15%
San Mateo 15.61%
South San Francisco 10.27%
Woodside 1.03%
County 6.27%
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1
Agreement No. _________________________
AGREEMENT FOR ANIMAL CARE AND CONTROL SERVICES BETWEEN THE
COUNTY OF SAN MATEO AND PENINSULA HUMANE SOCIETY & SPCA, A
CALIFORNIA NONPROFIT CORPORATION
This Agreement is entered into this first day of July, 2021, by and between the County of San Mateo, a
political subdivision of the state of California, hereinafter called “County,” and Peninsula Humane Society
& SPCA, a California Nonprofit Corporation, hereinafter called “Contractor.”
* * *
Whereas, pursuant to statutory authority including but not limited to, Section 31000 of the California
Government Code, Section 31106 of the Food and Agriculture Code, and Sections 14501 and 14503 of
the Corporations Code, County may contract with independent contractors for the f urnishing of animal
care, control and shelter services to or for County or any Department thereof; and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of providing Animal
Care, Control, and Shelter services to the County and participating cities as set forth in this Agreement for
Animal Care and Control Services (“Agreement”).
Therefore, it is agreed by the parties to this Agreement as follows:
1.Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A – Services
Exhibit B - Payments and Rates
Exhibit C– Excluded Services
Exhibit D – Contract Areas (County and Participating Cities)
Exhibit E – Fees to be Collected for Services Provided
Exhibit F – Five-Year Budget
Attachment H - Health Insurance Portability and Accountability Act (HIPAA) Business Associate
Requirements
Attachment I - Fingerprinting Certification Form
Attachment J - Rabies Algorithm
Attachment K - Animal Shelter Facility Use and Maintenance Agreement
Attachment L - Peninsula Humane Society Holidays
Attachment M – County-Owned Radio Equipment
2.Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, C ontractor shall perform
services for County and Participating Cities listed on Exhibit D in accordance with the terms, conditions,
and specifications set forth in this Agreement and in Exhibit A, and the other Exhibits and Attachments
incorporated by reference into this Agreement.
aocupign bnvelope faW SC4VN__V-_CUS-4_4V-ATMU-TMacCTRMAV_a
Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA
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3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and
specifications set forth in this Agreement and in Exhibit A and other Exhibits and Attachments
incorporated into this Agreement, County shall make payment to Contractor based on the rates and in the
manner specified in Exhibit B. Payments shall begin within 45-days after Contractor and County each
execute this Agreement.
County reserves the right to withhold payment if County determines that the quantity or quality of the work
performed is unacceptable. If County exercises this right, it must first provide Contractor with a 30-day
written notice of intent to withhold payment wherein County describes the nature of the unacceptable
work and how Contractor’s work fails to conform to the terms of this Agreement. If Contractor fails to
remedy unacceptable work after having received thirty days prior written notice, then County may delay
payment until the deficiency is corrected. However, if Contractor reasonably demonstrates that it is not
feasible to remedy the unacceptable work within thirty days, Contractor shall have up to an additional
thirty days to remedy the work before payment will be withheld.
In no event shall County’s total fiscal obligation under this Agreement exceed THIRTY TWO MILLION
FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY
ONE CENTS ($32,548,989.91). In the event that the County makes any advance payments, Contractor
agrees to refund any amounts in excess of the amount owed by the County at the time of contract
termination or expiration. Contractor is not entitled to payment for work not performed as required by this
Agreement.
4. Term
Except as otherwise provided herein, and subject to compliance with all terms and conditions, the term of
this Agreement shall be from July 1, 2021 through June 30, 2026. The parties may extend the term for an
additional three years if the parties mutually agree in writing. This Agreement becomes effective only after
all jurisdictions identified on Exhibit D as Participating Cities adopt it by entering into the agreement for
animal control services between the County and participating cities. If such County/Services Agreement is
not adopted by all jurisdictions shown on Exhibit D, this Services Agreement is null and void in its entirety
unless Contractor and any of the jurisdictions shown on Exhibit D agree to use it as the basis for a
Services Agreement applicable to those parties providing such written consent, with such changes in
payment, scope of service, and other terms as the parties may agree.
5. Termination
This Agreement may be terminated by Contractor or County or designee at any time without a
requirement of good cause upon 365 days’ advance written notice to the other party. Contractor shall be
entitled to receive payment for services provided prior to the effective date of termination of the
Agreement. Such payment shall be the prorated portion of the full payment determined by compa ring the
services actually completed to the services required by the Agreement. The Contractor shall have no right
to or claim against the County or any Participating City for the balance of the contract amount.
In the event of a material breach of this Agreement by either party, the other party shall notify the
breaching party of such material breach and that such breach must be cured within thirty (30) calendar
days of the notice, except that if the breaching party reasonably demonstrates that it is not feasible to
cure the breach within thirty (30) calendar days, the breaching party shall have the number of days
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beyond thirty (30) calendar days reasonably needed to cure the breach up to an additional thirty (30)
calendar days.
In the event the breaching party does not cure the material breach within the applicable time period, the
notifying party may immediately terminate this Services Agreement or seek any other applicable legal
remedies for such material breach. Termination is effective on the date specified in the written notice. In
any event of termination under this paragraph, Contractor shall be paid for all approved work performed
prior to termination. Contractor shall have no right to, or claim against County or any contracting City for,
the balance of the contract amount.
6. Contract Materials
At the end of the term of this Agreement, or in the event of termination, all finished or unfinished
documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to
as “contract materials”) prepared by Contractor in performance of services under this Agreement shall
become the property of County and shall be promptly delivered to County. Upon termination, Contractor
may make and retain a copy of such contract materials if permitted by law.
7. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are
performed as an independent contractor and not as an employee of County and that neither Contractor
nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.
8. Hold Harmless and Indemnification
Contractor shall hold harmless and indemnify the County, and each Participating City listed in Exhibit D
as third party beneficiaries of this Agreement, their officers, agents, and employees from all claims, suits
or actions of every name, kind and description, brought for, or on account of: injuries to or death of any
person, including but not limited to Contractor or its agents, officers or employees, or damage to property
of any kind whatsoever and to whomsoever belonging, including but not limited to Contractor or its
agents, officers, or employees, or any other loss or cost, resulting from the performance or
nonperformance of any work or obligations required by the Agreement of Contractor; any sanctions,
penalties, or claims of damages resulting from Contractor’s failure to comply, if applicable, with the
requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all
Federal regulations promulgated thereunder, as amended; and/or from any activities undertaken by
Contractor, its officers, employees or agents, under this Agreement, and which result from the negligent
or intentional acts or omissions of Contractor, its officers or employees.
The duty of Contractor to hold harmless and indemnify as set forth herein, shall include the duty to defend
as set forth in Section 2778 of the California Civil Code.
County shall hold harmless and indemnify the Contractor, its officers, agents, and employees from all
claims, suits or actions of every name, kind and description, brought for, or on account of injuries to or
death of any person, including but not limited to County or its agents, officers or employees, or damage to
property of any kind whatsoever and to whomsoever belonging, including but not limited to County or its
agents, officers, or employees, or any other loss or cost, resulting from the performance or
nonperformance of any work or obligations required by the Agreement of County; any sanctions,
penalties, or claims of damages resulting from Contractor’s failure to comply, if applicable, with the
requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all
Federal regulations promulgated thereunder, as am ended; and/or from any activities undertaken by
County, its officers, employees or agents, under this Agreement, and which result from the negligent or
intentional acts or omissions of County, its officers or employees.
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The duty of County to hold harmless and indemnify, as set forth herein, shall include the duty to defend
as set forth in Section 2778 of the California Civil Code.
In the event of concurrent negligence of the County, its officers, agents and/or employees, and the
Contractor, its officers, agents and/or employees, then the liability for any and all claims for injuries or
damages to persons and/or property or any other loss or costs which arise out of the terms, conditions,
covenants, promises and responsibilities of this Agreement, shall be apportioned according to the
California theory of comparative negligence. This provision shall survive termination of this Agreement.
9. Assignability and Subcontracting
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third
party to provide services required by Contractor under this Agreement without the prior written consent of
County. Any such assignment or subcontract without County’s prior written consent shall give County the
right to automatically and immediately terminate this Agreement without penalty or advance notice.
10. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and
until all insurance required under this Section has been obtained and such insurance has been approved
by County’s Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain
such approval. Contractor shall furnish County with certificates of insurance evidencing the requ ired
coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage
to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates
shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of
any pending change in the limits of liability or of any cancellation or modification of the policy.
b. Workers’ Compensation and Employer’s Liability Insurance
Contractor shall have in effect during the entire term of this Agreement workers’ compensation and
employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor
certifies, as required by Section 1861 of the California Labor Code, that (a) it is 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 the Labor
Code, and (b) it will comply with such provisions before commencing the performance of work under this
Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and
property damage liability insurance as shall protect Contractor and all of its employees/officers/agents
while performing work covered by this Agreement from any and all claims for damages for bodily injury,
including accidental death, as well as any and all claims for property damage which may arise from
Contractor’s operations under this Agreement, whether such operations be by Contractor, any
subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.
Such insurance shall be combined single limit bodily injury and property damage for each occurrence and
shall not be less than the amounts specified below:
(a) Comprehensive General Liability… $1,000,000
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(b) Motor Vehicle Liability Insurance… $1,000,000
(c) Professional Liability………………. $1,000,000
County and its officers, agents, and employees and participating cities and their officers, agents and
employees shall be named as additional insured on any such policies of insurance, which shall also
contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees,
and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its
officers, agents, employees, and servants have other insurance against the loss covered by such a
policy, such other insurance shall be excess insurance only.
In the event of the breach of any provision of this Section, or in the event any notice is received which
indicates any required insurance coverage will be diminished or canceled, County, at its option, may,
notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
breach of this Agreement and suspend all further work and payment pursuant to this Agreement.
11. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance
with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but
not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal
Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements
set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in
programs and activities receiving any Federal or County financial assistance. Such services shall also be
performed in accordance with all applicable ordinances and regulations, including but not limited to
appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and
applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement
and any applicable State, Federal, County, or municipal law or regulation, the requirements of the
applicable law or regulation will take precedence over the requirements set forth in this Agreement.
Contractor will timely and accurately complete, sign, and submit all necessary documentation of
compliance.
12. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the
scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or
mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political
beliefs or affiliation, familial or parental status (including pregnancy), m edical condition (cancer-related),
military service, or genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment,
classification, selection, promotion, compensation, performance evaluation, and management relations
for all employees under this Agreement. Contractor’s equal employment policies shall be made available
to County upon request.
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c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides
that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of
any services this Agreement. This Section applies only to contractors who are providing services to
members of the public under this Agreement.
d. Compliance with County’s Equal Benefits Ordinance
Contractor shall comply with all laws relating to the provision of benefits to its employees and their
spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the
provision of such benefits on the basis that the spouse or domestic partner of the Contractor’s employee
is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities
The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if
fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R.
60–741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability
and requires affirmative action by covered prime contractors and subcontractors to employ and advance
in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against
Contractor by the Equal Employment Opportunity Commission, the California Department of Fair
Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been
issued against Contractor within the past 365 days by the Equal Employment Opportunity Com mission,
the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall
provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to
execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this
Agreement and subjects the Agreement to immediate termination at the sole option of the County.
g. Reporting; Violation of Non-discrimination Provisions
Contractor shall report to the County Manager the filing in any court or with any administrative agency of
any complaint or allegation of discrimination on any of the bases prohibited by this Section of the
Agreement or the Section titled “Compliance with Laws”. Such duty shall include reporting of the filing of
any and all charges with the Equal Employment Opportunity Commission, the California Department of
Fair Employment and Housing, or any other entity charged with the investigation or adjudication of
allegations covered by this subsection within 30 days of such filing, provided that within such 30 days
such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such
notification shall include a general description of the circumstances involved and a gen eral description of
the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based
discrimination).
Final adjudication in an appropriate forum determining that a violation of the non -discrimination provisions
of this Agreement occurred, shall be considered a breach of this Agreement and subject the Contractor to
penalties, to be determined by the County Manager from among the following:
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i. termination of this Agreement; and/or
ii. liquidated damages of $2,500 per violation; and/or
iii. no penalty based on the County Manager determining that the incident does not warrant further
action; and/or
iv. imposition of other applicable civil remedies and sanctions as provided by law.
To effectuate the provisions of this Section, the County Manager shall have the authority to offset all or
any portion of the amount described in this Section against amounts due to Contractor under this
Agreement or any other agreement between Contractor and County.
h. Compliance with Living Wage Ordinance
As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all
contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of
the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered
Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors
as required under the Ordinance.
13. Compliance with County Employee Jury Service Ordinance
Contractor shall comply with Chapter 2.85 of the County’s Ordinance Code, which states that Contractor
shall have and adhere to a written policy providing that its employees, to the extent they are full-time
employees and live in San Mateo County, shall receive from the Contractor, on an an nual basis, no fewer
than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for
each day of actual jury service. The policy may provide that such employees deposit any fees received
for such jury service with Contractor or that the Contractor may deduct from an employee’s regular pay
the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies
that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if
Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following
written statement to County: “For purposes of San Mateo County’s jury service ordinance, Contractor
certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any
such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy
that complies with Chapter 2.85 of the County’s Ordinance Code.” The requirements of Chapter 2.85 do
not apply if this Agreement’s total value listed in the Section titled “Payments”, is less than one-hundred
thousand dollars ($100,000), but Contractor acknowledges that Chapter 2.85’s requirements will apply if
this Agreement is amended such that its total value meets or exceeds that threshold amount.
14. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for
four (4) years after County makes final payment and all other pending matters are closed, and Contractor
shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of
California.
(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable
Federal, State, and local agencies and as required by County including additional audit requirements as
set forth herein.
(c) Contractor agrees upon reasonable notice to provide to County, to any Federal or Sta te department
having monitoring or review authority, to County’s authorized representative, and/or to any of their
respective audit agencies access to and the right to examine all records and documents necessary to
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determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to
determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness
of services performed.
(d) County agrees that if any entity or person makes a request under the California Public Records Act
(CPRA) or an analogous federal, state, or local law or regulation to the County or a Participating City, of
which County is aware, for documents or records possessed by Contractor but not by the County or
Participating City, relating to this Agreement, or documents that Contractor submitted in its response to
the request for proposals related to this Agreement and marked confidential, or documents related to the
negotiation, or finalization of this Agreement, County will notify Contractor of such request. If Contractor
fails to respond within 72 hours, Contractor shall be deemed to stipulate that the requested documents
are subject to disclosure pursuant to the request and Contractor shall immediately thereafter make copies
of the documents available to the County or a participating City, as the case may be, for disclosure to the
requesting party.
If Contractor responds to the County within 72 hours of such notice by the County and asserts, in writing,
that exemptions to disclosure requirements under the CPRA apply, and the County or Participating City
as applicable agrees that such documents are not subject to disclosure, in whole or in part, under the
CPRA, Contractor shall provide a redacted copy of the documents for County or City to disclose in lieu of
unredacted documents for any documents that must be disclosed. In the event that County or the
Participating City disagrees with Contractor’s position that any document or portion thereof is not subject
to disclosure, in order to prevent disclosure of such documents, Contractor shall promptly and in any case
within ten (10) calendar days of notice of the request, seek a protective court order for non-disclosure of
any such records. If Contractor fails to obtain a protective order, such documents may be disclosed by
County or City. Contractor shall indemnify and hold harmless County and Participating Cities for any
damage, cost or loss caused by Contractor’s decision to assert that such records are, whole or in part,
not subject to disclosure.
15. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by
reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights,
duties, and obligations of each party as of this document’s date. In the event that any term, condition,
provision, requirement, or specification set forth in the body of this Agreement conflicts with or is
inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or
Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior
agreement, promises, negotiations, or representations between the parties not expressly stated in this
document are not binding. All subsequent modifications or amendments shall be in writing and signed by
the parties.
16. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement,
the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any
nature arising out of this Agreement shall be governed by the laws of the State of California without
regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be
venued either in the San Mateo County Superior Court or in the United States District Court for the
Northern District of California.
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17. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall
be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed
below or transmitted via email to the email address listed below; and (2) sent to the physical address
listed below by either being deposited in the United States mail, postage prepaid, or deposited for
overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number
showing confirmation of receipt.
In the case of County, to:
Name/Title: Lori Morton-Feazell / Health Services Manager
Address: 225-37th Avenue, San Mateo, CA 94403
Telephone: 650-573-3726
Email: lmorton-feazell@smcgov.org
In the case of Contractor, to:
Name/Title: Anthony Tansimore / President
Address: 1450 Rollins Road, Burlingame, CA 94010-2307
Telephone: 650-340-7022 ext. 309
Email: atansimore@phs-spca.org
18. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this
Agreement to be digitally signed in accordance with California law and County’s Electronic Signature
Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic
signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.
19. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for
work/services to be performed under this Agreement at Contractor’s own expense prior to
commencement of said work/services. Failure to do so will result in forfeit of any right to compensation
under this Agreement.
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* * *
In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized
representatives, affix their respective signatures:
For Contractor: Peninsula Humane Society & SPCA, a California Nonprofit Corporation
__________________________
Contractor Signature
_______________
Date
_________________________
Contractor Name (please print)
COUNTY OF SAN MATEO
By:
President, Board of Supervisors, San Mateo County
Date:
ATTEST:
By:
Clerk of Said Board
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Exhibit A
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:
I. COMMON GOALS
A. All parties agree to work on updating a new animal control ordinance during the next 12 months to
include the availability of administrative citations.
B. County and Contractor will provide Participating Cities (as defined in exhibit D to this Agreement)
with information about the services provided by Contractor and excluded services. In the event the
County receives a complaint from an official from a Participating City regarding the quantity or quality
of services provided under this Agreement, the County will promptly forward such complaint to
Contractor so that the parties may make good faith efforts to promptly resolve the issue and
Contractor agrees to meet with officials from the County and/or Participating Cities as may be
necessary to resolve such complaints.
II. POLICIES AND PROCEDURES
A. All policies and procedures shall be developed with the goal of animal welfare, enhancing the cost
efficiency and quality of services provided to the County and Participating Cities, and to reflect best
practices in the industry for animal control and care. Contractor’s Policies and Procedures shall be
annually submitted to a committee of County and Participating City representatives, with committee
members to be designated by the County Manager or the County Manager’s designee. The
Contractor and committee members will work in good faith to resolve any differences or concerns
regarding policies and procedures.
B. The Contractor must establish comprehensive written policies and procedures for proper care and
handling of animals.
C. Such policies and procedures shall address all subjects encompassed by the scope of this
Agreement, including shelter, veterinary care, and field services. Proper care includes but is not
limited to, appropriate food and water, regular cleaning of kennels and cages, humane handling,
veterinary care and a vaccination schedule including rabies vaccinations.
D. Contractor shall establish policies and procedures in accordance with the Guidelines for
Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA,
the Humane Society of the United States, and/or other currently accepted best practices for animal
sheltering. Policies and Procedures shall focus on these areas:
1. Medical Health and Physical Well-Being
2. Euthanasia
3. Environment
4. Kennels/Cages
5. Capacity for Care
6. Behavioral Health
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E. Contractor shall develop a written disposal procedure, and the procedure shall provide for the
weekly pick up of dead animals.
F. Contractor shall create a procedure compliant with California law to ensure that animals entering
the County Shelter receive vaccinations, dewormer, flea control as appropriate for their species
excluding animals that are unable to be safely handled or animals that are too sick/injured to receive
this treatment.
G. Contractor shall have written policies and procedures on animal placement with a goal of ensuring
that non-aggressive and healthy or treatable animals that enter the County Shelter are not
euthanized through redemptions, adoptions and transfers to other organizations. Policies and
procedures should include guidelines for euthanasia. Terms used in this subsection are to be
interpreted in accordance with currently enacted California law.
H. Contractor shall have a procedure addressing how Animal Control Officers will handle complaints
and the procedure shall include a benchmark for the time it takes between receiving and closing a
complaint.
I. Contractor shall have comprehensive written policies and procedures established for proper care
and handling of animals to include emergency response procedures, how animals will be placed into
vehicles, how animals will be protected from the heat and cold inside vehicles, and how vehicles will
be clean and disinfected.
J. Contractor shall have and apply written disease prevention and response policies and procedures.
Disease response procedures shall include measures to minimize transmission to unaffected
animals or people and should ensure appropriate care of the affected animals. Procedures should
include a treatment plan where decisions are based on a range of appropriate criteria, including the
ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the
likelihood of placement after treatment, the number of animals who must be treated and the expense
of treatment and resources available for such treatment.
K. Contractor shall have comprehensive written policies and procedures on Veterinary Medical
Services. Policies and procedures shall address proper care of injured and sick animals and be
L. To the extent any of the terms of this Agreement are preempted by State law with regard to animal
care, custody, transfer, euthanasia, and/or treatment, the parties agree that the terms of this
Agreement shall continue to apply to full extent possible in conformity with State law.
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III. SHELTER SERVICES
A. Receiving animals
Contractor will:
1. Hold lost and stray animals for the requisite time period as required by State law or
County ordinance or other applicable local ordinance prior to adoption, owner
redemption, release to a partner organization, euthanasia, or other disposition.
2. Ensure that each animal’s individual health status is evaluated and monitored
beginning at intake and regularly thereafter. If the animal is too unsafe to handle to have
its health status evaluated a visual evaluation may be done by staff.
3. Ensure all animals are scanned for a microchip and checked for other identification
when entering the County Shelter and ensure staff enter into the Chameleon (or any
successor system) software that the animal was check ed for ID. Animals that are unsafe
to be scanned for a microchip may be excluded.
4. Solicit information on impounded stray animals.
5. Evaluate and document each animal’s health at intake.
6. Provide shelter and care for domestic animals under rabies quarantine, and dangerous
or vicious animal investigations, according to the applicable City/County ordinance and/or
State law.
7. When there is reasonable belief of a person’s or an animal’s exposure to rabies,
Contractor will immediately notify County Public Health personnel at 650.573.2346, 8am-
5pm, M-F or 650.363.4981 after hours/holidays (or at such other numbers as may be
designated in writing, from time to time).
8. If the Contractor plans on using drop boxes for after-hours intake, the drop boxes must
be checked at least every hour during the hours that drop boxes are utilized for animal
intake.
B. Care of animals
Contractor will:
1. Provide shelter and care for San Mateo County stray and unwanted animals 24 hours
a day, 7 days a week, with public service hours designed to benefit the public and
facilitate the services established in this Agreement, including coordination with other
agencies (state and local governments, or adoption partner organizations, non-profit
animal services organizations, etc.) where appropriate.
2. Provide services as required by the State of California governing shelters for animal
care, treatment, holding periods, and placements and dispositions.
3. Microchip all animals designated as Dangerous prior to release if medically appropriate
and owner is compliant. In the instance of a non-compliant owner, Contractor shall
attempt at the first annual inspection of the owner’s property to ascertain that the animal
has in fact been microchipped as required by County Ordinance and shall report their
findings to County in a timely fashion.
4. Provide animal food that meets nutritional and medical needs of animals.
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5. Contractor will make a best effort to have the County Shelter open by 11 am each day,
except holidays (as noted in Attachment L - Peninsula Humane Society Holidays), with all
animal areas intended for public access clean and ready for the public to enter.
6. Provide County representatives with a master schedule for Animal Care staff upon
request.
C. Owner-surrendered animals
Contractor will:
1. Provide pet owners with a handout(s) describing alternative solutions to surrender and
other resources to owners who express a desire to surrender their pets. That handout
should include contact information for non-profit shelters and rescue groups in the Bay
Area, as well as information about pet food pantries, low cost veterinary care, etc.
2. List alternatives to surrendering a pet and links to helpful resources on the Contractor’s
website.
D. Identifying animals
Contractor will:
1. Make legally required and additional efforts to identify each animal’s rightful owner,
including, at a minimum, full microchip body scanning of domestic animals for
identification chips, tracing microchips, licenses, rabies tags and other identification, and
making several documented attempts in multiple ways (e.g. phone, email, and/or mail) to
notify the owner in an attempt to return the animal to its owner prior to any other
disposition. Maintain acumen on and utilize developments in the field that might provide
new or additional methods for identifying each animal’s rightful owner.
E. Evaluating animals
Contractor will:
1. Ensure that all healthy, non-aggressive, and treatable animals have a plan for a live
outcome.
2. Begin assessment of behavior at the time of intake of the animal. An overall behavior
assessment considers all of the information gathered about the animal, including history,
behavior during shelter stay, and formal evaluation.
3. Provide and apply the criteria and evaluation system that will enable objective
evaluations for animals.
4. Evaluate all breeds equally to determine if they can be adopted, require behavior
modification, or allow a partner agency to take the animal prior to euthanasia pursuant to
State law.
5. Maintain evaluation records. Document the procedure for each animal in the
Chameleon software system (or any successor system). If any paper records are also
kept, retain the records for seven (7) years after disposition of animal.
6. Perform kennel enrichment programs to reduce stress for sheltered animals.
7. Place adoptable animals up for adoption or transfer.
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8. Record all incidents or reports regarding a history of aggressive behavior along with
the context in which they occurred.
9. Ensure staff is trained to recognize body language and other behaviors that indicate
animal stress, pain and suffering as well as behaviors that indicate successful adaptation
to the shelter environment.
10. Monitor animals daily in order to detect trends or changes in well-being and respond
to their behavioral needs.
F. Length of stay of animals
Contractor will:
1. Optimize the animal’s length of stay in the County Shelter. Both positive outcomes and
cost of sheltering must be considered.
2. Provide the process to ensure stray and owner-surrendered animals will not remain in
the County Shelter more than three (3) weeks past the State law-mandated holding
period.
G. Rabies testing/exposure
Contractor will:
1. Immediately provide San Mateo County Health personnel with contact information for
relevant Contractor staff in accordance with State and County requirements when there is
reasonable belief of a person’s or an animal’s exposure to rabies.
2. Ensure all staff members are trained to identify potential rabies exposures and
understand the regulations that apply to reporting and managing bites to humans and
animals.
3. Provide for testing of animals for rabies pursuant to the current California Rabies
Compendium. This requires the decapitation of animals and transport of the head or bat
to the San Mateo County Public Health laboratory for testing.
4. Ensure that that the rabies specimen is transported to the San Mateo County Public
Health Laboratory within 48 hours of the animal entering the County Shelter or of being
euthanized (weekends and holidays excluded).
5. Ensure that for every animal that comes into the County Shelter, staff will identify
possible rabies exposures; everyone presenting an animal shall be asked if the animal
has bitten anyone within the last 10 days or had any contact with wildlife.
6. Make certain all incoming animals are examined for bite wounds; any animals who
have potentially been exposed to rabies shall be managed in accordance with the
California Rabies Compendium and in consultation with state and local health authorities.
7. Ensure that staff funded by contract who routinely work with companion animals or
wildlife are offered pre-exposure vaccinations against rabies in accordance with
recommendations of the Advisory Committee in Immunization Practices.
H. Disposal of dead animals
Contractor will:
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1. Accept dead animals brought to the County Shelter by County residents, City and
County municipalities, or Caltrans and Contractor shall dispose of such animals.
2. Dispose of dead animals in a lawful manner using an appropriately qualified and
licensed disposal company or method.
3. Develop a written disposal procedure that will include at least a weekly pick up of dead
animals.
I. Transferring animals into County Shelter
1. If the Contractor desires to transfer animals into the County Shelter from nearby Bay
Area animal shelters to assist when such shelters are dealing with an emergency, such
as a natural disaster, Contractor shall do the following:
a) Request written approval from the County Program Manager of Animal Control and
Licensing Manager or other designated County Contract Administrator. The County will
respond to such requests in writing within 3 business days. In the event of a need to house
animals for another county during a disaster, the County will respond within 24 hours. If the
County grants such approval, the written notice of approval will state the maximum number
of animals the Contractor is allowed to transfer in pursuant to that consent based upon
factors including available shelter space. Detailed documentation on an appropriate Federal
Emergency Management Agency (FEMA) form will be kept to record, on a daily basis, on the
number of Contractor staff caring for the animals to include hours worked, along with
supplies, as well as number of days sheltered for each animal. This will allow for
reimbursement if declared a federal disaster, or reimbursement from other local jurisdictions.
b) Periodically, and only as space and resources allow, Contractor may purposefully
transfer, house or bring into the County shelter animals from another animal shelter, partner
group or agency within or outside the County to be housed in the County Shelter for the
purpose of adoption at the Contractor’s other shelter or location only if a monthly report is
sent to the Program Manager of Animal Control and Licensing or their designee outlining the
number of animals transferred into the shelter along with each animal’s individual animal
identification number. If Contractor plans on transferring in more than 30 animals a month
Contractor will obtain written approval from the Program Manager of Animal Control and
Licensing or their designee. Contractor will reimburse the County and Participating Cities for
the costs of vaccines, preventative care, treatment, food, facility use and maintenance, and
staff time to care for these animals. The cost will be calculated by the number of days that
animal is housed at the County shelter at the rate of $15 per animal per day. This rate may
be adjusted annually, based on changes to Consumer Price Index and the Parties will meet
and confer before the rate is adjusted. In addition to this daily rate, the Contractor will
reimburse the County and Participating Cities for the actual costs of vaccines, flea treatment,
dewormer, DTM cultures, canine heartworm and feline FIV/FeLV tests on a per animal basis.
The Contractor will reimburse the County and Participating Cities each quarter of the fiscal
year and will provide a report in a form reasonably satisfactory to the County and
Participating Cities that details the fees owed pursuant to the applicable daily rate and any
other applicable costs to be reimbursed to the County and Participating Cities. This
obligation to reimburse the County and the Participating Cities does not apply to situations
where an animal needs to be transferred in to the County shelter where the animal is held
because of a bite or potential dangerous dog designation and where the incident occurred in
San Mateo County, but the animal was first taken to another animal shelter. In such cases,
the animal shall be classified as a “Transfer in” in the Chameleon software intake statistics.
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Contractor will also reimburse the County and Participating Cities at the rate described
above and shall reimburse the County and Participating Cities for the above-described
expenses for any animal impounded by the nonprofit for a Cruelty case and housed at the
County Animal Shelter. Detailed notes by staff must be entered into the Chameleon
database (or any successor system) and should describe the reason for the animal being
transfer back into the County shelter.
2. In cases where the Contractor transfers an animal back to the County Shelter for any
reason, the Contractor will pay for the care of the animal and not use contract funds or
staff being paid for by the contract. Detailed notes by staff must be entered into the
Chameleon database and should describe the reason for the transfer back to the County
shelter.
J. Working with partner groups
Contractor will:
1. Within 6 months of signing this Agreement, develop a Partner Group application for
any shelter or Partner Group that would like to apply to take animals from the County
Shelter. The application should also be available on Contractor’s webs ite.
2. Assign one (1) or more staff members to proactively contact Partner Groups and non-
profit shelters in the County and throughout the Bay Area to encourage them to take
animals whose medical or behavioral needs exceed available resources or who would
otherwise be better served by being transferred to a Partner Group or to take animals
that have been in the County Shelter for more than three (3) weeks past their stray hold
or owner surrender intake date. If the Contractor desires, animals may be placed p rior to
the expiration of the three (3) week hold period. Contractor will decide which animals will
be transferred to the Lantos Center for adoption.
3. As an alternative to euthanizing feral cats when cat caretakers are unavailable, will
either 1) release the feral cats to an organization that will Trap-Neuter-Return (TNR) the
cats, 2) TNR the cats themselves, or 3) develop a plan on how to handle feral cats to
improve the live release rate (e.g. implementing a barn or working cat program).
K. Vaccinating, deworming, flea prevention, photos, documentation
Contractor will:
1. Complete health assessments of dogs and cats within 24 hours of the animal entering
the County Shelter.
2. Complete behavioral assessments of dogs and cats within 4 days of the animal
entering the County Shelter (not including the day of intake). Excluded: Dangerous
animals, quarantined animals, animals in protective custody, euthanasia requests, exotic
animals, fowl.
3. Conduct full body microchip scans and check for other forms of identification at the
time of intake for all animals that can be safely handled.
4. Provide a photograph and description of each lost animal through public outreach
activities (i.e., website) in order to locate the pet’s owner as soon as possible.
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5. Document animal’s description (breed, sex, and age), health assessment, initial
behavioral assessment, microchip, license, rabies, and any other pertinent information in
Chameleon Data Management System (or any successor system) within 24 hours of
receiving each animal.
6. Document complete behavioral assessment results in Chameleon Data Management
System (or any successor system) within 4 days of receiving each animal (not including
the day of intake).
7. Provide vaccinations, dewormers, and flea control when an animal enters the County
Shelter as appropriate for their species, excluding animals that are unable to be safely
handled or animals that are too sick/injured to receive this treatment.
L. Keeping County Shelter clean and disinfected
Contractor will:
1. Always maintain the kennel and animal care facilities in a humane and sanitary
condition with a focus on these areas:
a) Cleaning and Disinfection. Use of disinfectants should be limited to those that are proven
safe and effective for animal species sheltered at the County Shelter.
b) Surfaces and Drainage
2. Maintain stocks of disinfectants based on accepted industry standards to preserve
function and effectiveness with regards to temperature and light exposure.
3. Update all written guidelines/documentation for use of disinfectants to reflect current
practices as well as industry standards/recommendations .
4. Staff and volunteers shall receive training when guidelines have been updated and
documentation of training shall be maintained.
5. Take commercially reasonable measures to m aintain a pest-free shelter. Contractor
will enter into, pay the costs of, and monitor on a recurring and scheduled contract for
pest control services in and around the County Shelter.
6. Have written information available about zoonotic diseases for visitors, adopters an d
foster care providers.
7. Clearly mark enclosures of animals with suspected zoonotic disease to indicate the
condition and any necessary precautions.
8. Provide periodic staff and volunteer training and information on the recognition of
potentially zoonotic conditions and the means of protecting others from exposure. This
shall be included in the policy and procedures.
9. Ensure the public does not have unsupervised access to areas where animals are
isolated for zoonotic diseases.
M. Providing enrichment
Contractor will:
1. Provide kennel enrichment programs that provide every animal with an opportunity to
be socialized and reduce stress while in the County Shelter.
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N. Euthanasia
Contractor will:
1. Provide for the humane euthanasia and disposal of animals determined to be
unhealthy, aggressive, or untreatable as determined by California law.
O. Owner-requested euthanasia
Contractor will:
1. Follow the basic matrix definition of Owner-Requested Euthanasia. The basic matrix
definition of Owner -Requested Euthanasia can be found at:
https://www.shelteranimalscount.org/docs/default-
source/dataresources/sac_basicdatamatrix.pdf
2. Contractor will pursue all reasonable measures to verify animal ownership prior to
euthanasia.
3. Record and classify animals in the Chameleon software and in Live Release Rate
calculations as “Owner Intended Euthanasia” if they are brought in to the shelter by their
owners with the specific intention of using the Owner Requested Euthanasia service.
When an owner wishes to surrender an animal for adoption and that animal is deemed
unhealthy and untreatable, or aggressive after counseling by Contractor’s staff based on
information provided by the owner and the owner elects to surrender the animal for
euthanasia, euthanasia service will be provided and will be classified as “Owner
Surrender Euthanasia.”
4. Decline to provide the owner-requested euthanasia service to treatable animals and
will instead either accept and treat those animals, provide resources so the owner so they
can keep and treat their animal, or refer the owner to another organization that will assist
the pet owner, so they can treat the animal.
5. Offer private owner-requested euthanasia (including pet-owner witnessed euthanasia,
when requested with regard to non-aggressive animals only) as a service at the County
Shelter, if the animal is deemed unhealthy and untreatable, or aggressive.
P. Documentation
Contractor will:
1. Accurately complete, sign, and submit all necessary documentation of compliance in a
timely manner.
Q. Adoption of animals
Contractor may:
1. Arrange adoptions onsite at the County Shelter to reduce the length of stay for animals
and have other approaches to adoptions such as transferring animals from the County
Shelter and moving them to their non-profit shelter or partner organizations for adoption.
There is no set number of animals that need to remain up for adoption at any point in
time at the County Shelter.
Contractor will:
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2. Ensure that the public cannot come into contact with, or view, bite quarantine animals
and aggressive animals that are considered a danger to the public.
IV. FIELD SERVICES
A. Respond to field service calls
Contractor will:
1. Respond to calls for Animal Field Services 24 hours a day, 7 days a week, 365 days a
year as set forth in the below-described priority listing, unless otherwise noted below.
Notwithstanding any other provision herein, Contractor shall respond on holidays and
after regular business hours (9pm-7am) to call Priority 1 and 2 categories. If no calls in
those priorities are pending the staff Contractor will respond to Priority 3 and 4 calls.
2. Contractor may receive and accept requests for service in person, via phone, email,
text message, voicemail or fax. Contractor will have policies and processes in place to
ensure that text messages, emails, voicemails and faxes are monitored and retrieved in a
routine and timely fashion.
B. Priority for Field Activities
1. Priority 1: Immediately respond to all emergency calls of the following types within
one (1) hour of the receipt of the call from the reporting party:
a) Imminent threat to a person by an aggressive domestic, exotic or wild animal
b) A Public Safety agency request for immediate assistance
c) Possible rabid animal
d) Aggressive dog at large, or an aggressive dog that could cause harm to a human or an
animal (e.g., an aggressive dog breaking out of a yard or has access off the property)
e) A dog that has bitten a human or that has attacked another animal and that remains at
large
f) Major injury to dog, cat, or domestic animal
g) An animal in hot car or an animal that is otherwise in immediate danger
h) Dangerous animal permit violation that has occurred and the same animal remains a
threat to person or property
i) Animals at large causing a traffic hazard (including livestock)
j) Rescue animals when the animal’s life is in danger
k) Dogs harassing livestock if the livestock’s life is in danger
l) When juveniles are present at a school grounds any bat, any aggressive animal, animal
posing a risk to humans, sick or injured animals, dogs at large, or confined or trapped animal
are present on the school grounds.
m) Request by a Public Safety Official or Fish & Wildlife officer to respond to a mountain lion
or an escaped exotic animal that is an imminent threat to a person. Handling of these
situations will be a joint response between the requestor and the Contractor. Contractor will
be acting in an advisory capacity. Contractor is responsible for arranging a third party to
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handle, transport and/or care for exotic animals. If a third party is retained by Contractor,
said third party shall have lead advisory responsibilities. Public Safety Officials and/or
Contractor will determine if Fish and Wildlife need to respond to the scene. Contractor will
remain on the scene with requesting Public Safety Official until situation is resolved.
2. Priority 2: Respond without unnecessary delay, within (4) hours of receipt of the call
from the reporting party:
a) Dog, cat or domestic animal sick, or with minor injury
b) Sick or injured wildlife
c) All non-threatening Dangerous Animal permit violations
d) Dog or cat in trap
e) Animal in custody (stray confined)
f) Pack of dogs
g) Dead animal at a school between 7:00 AM and 8:00 PM (excluding holidays)
3. Priority 3: Respond without unnecessary delay within a maximum of 18 hours of
receipt of the call from the reporting party and as soon as reasonably possible
beforehand to the following situations:
a) Animal at large (non-aggressive and non-threatening) in violation of local ordinance
b) Rescue animals when the animal’s life is not in danger
c) Reports of animal bites or attacks where there is no longer an animal at large which is an
immediate threat to persons or property.
d) Dead animal pick-up
e) Animal bite quarantines
4. Priority 4: Respond without unnecessary delay within 24 hours of receipt of the call
from the reporting party:
a) Stray patrol request
b) Owned animal for relinquishment (based on special circumstances or special hardship
situation)
5. Priority 5: If there are no calls pending in the other priority categories:
a) Officers will patrol City and County parks and neighborhoods in areas accessible by
Contractor’s vehicle, and will maintain a patrol of no farther 500 yards from the vehicle.
6. Ensure that Animal Control and Humane Officers shall impound stray or confined dogs
and cats and return them to the owner in the field, or transport to the anima l to the
shelter, as deemed appropriate by the Officer.
7. Provide a master schedule for Animal Control staff.
C. Enforcement of state and local animal control laws; Municipal code violations
Contractor will:
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1. Enforce all County and City ordinances pertaining to animals as outlined in Chapters
6.04, 6.12 and 6.16 of Title 6 of the San Mateo County Ordinance Code and enforce
state statutes where applicable, except for number of animals per household or barking
dogs, which are referred to the respective overseeing agency (code enforcement or law
enforcement).
2. Uniform Ordinances and Citation Authority. County shall encourage the
Participating City jurisdictions shown on Exhibit D to adopt and maintain animal control
ordinances and fee schedules that are materially equivalent to the County’s animal
control ordinance and fee schedule. The animal control ordinances for all jurisdictions
shown on Exhibit D should be substantially the same as the provisions of Chapters 6.04,
6.12, and 6.16 of Title 6 of the San Mateo Count y Ordinance Code, as amended, to be
effective within the city limits. The fee schedule shall be the same as outlined in Chapter
6.04.290 of the San Mateo County Ordinance Code.
3. Enforcement of city ordinances which differ materially from the County ordinance need
not be enforced by Contractor unless Contractor agrees that the ordinance does not
conflict with its mission, and the city and Contractor mutually agree on the cost of
services. Participating Cities agree to provide notice to Contractor of any changes to their
City codes that would relate to additional or different Contractor responsibilities under this
Agreement.
4. Upon request by a Participating City, the County, or residents of a Participating City or
the unincorporated County, investigate complaints of animal related public nuisances, to
those ordinance code violations enumerated in Chapter 6.04 of Title 6 of the San Mateo
County Ordinance Code and similar city ordinances, with the exception of complaints
regarding barking dogs.
D. Citations
Contractor will:
1. Develop a voidable animal license citation process for license violations, that affords
the animal owner 30 days in which to register for a license and have the citation voided.
Specifically, on all complaints involving stray or loose anim als, municipal complaints and
quarantines etc., if the animal owner living in San Mateo County does not have their
animal licensed in San Mateo County, the Animal Control Officer (“ACO”) will issue a
voidable license citation to the animal owner.
2. Ensure that ACO/Humane Officers issue administrative and non-administrative
citations for City, County or State violations. Written warnings can be issued for first
offense minor violations only if the ACO/Humane Officers follow up within two weeks to
ensure compliance with the written warning.
3. Record all citations and written warnings in the Chameleon (or any successor system)
software system.
E. Impoundment of animals
Contractor will:
1. Impound all dogs caught at large, scan all dogs and cats , that are safe to handle, for
microchips in the field and provide for field return to owner as deemed appropriate by the
Animal Control Officer.
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2. Except when responding to a Priority 1 or Priority 2 call or when responding to a
Priority 3 or Priority 4 call in order to meet expected response times, ensure that when
Animal Control Officers observe a violation of the Participating City or County ordinance,
the Animal Control Officer will stop, contact the animal owners, and take appropriate
actions, such as a written warning for first offense, or the issuing of a citation for
subsequent violations.
3. Investigate and follow up with impoundment, citation, search and seizure warrant for
animal bites, vicious/dangerous animals, and attacks in conjunction with respec tive City
Attorney or County Counsel and/or County District Attorney.
4. Contractor shall impound animals in the regular course of its enforcement of City and
County ordinances as necessary to protect the safety of persons and property, or the
animal. In addition to its ordinary impoundment responsibilities under this Agreement, if
Contractor receives a specific request from a City and/or County law enforcement
agency, Contractor shall promptly impound any animal, whether the animal is on public or
private property. Contractor shall obtain any necessary consent or warrant as required
by law for all impoundments. In exigent circumstances, in which a warrant is not required
because personal or public safety is at imminent risk, Contractor shall impound the
animal immediately. However, in the event that Contractor determines that a warrant is
necessary for the impoundment, Contractor shall promptly seek such warrant and take all
steps necessary to ensure that the animal is secured in such a manner that it pose s no
threat to the safety of any person pending the impoundment.
In those limited situations in which Contractor reasonably believes that there is no violation,
seizure is unlawful and there are no grounds for seeking a warrant despite the request by City or
County law enforcement, Contractor’s President and/or legal counsel shall promptly discuss the
legal and factual basis for Contractor’s determination with the Chief of Police or designee of the
respective City (or County Sheriff or designee if applicable) and the County Animal Control
Manager or designee, if available within one hour. If the City or County representatives are not
available and/or there is still disagreement, and City or County law enforcement still requests
impoundment, City or County law enforcement will seize the animal, and Contractor with
thereafter take custody of the animal and impound the animal at the shelter. In these situations
only, if the City or County law enforcement officer believes that a warrant should be applied for,
but Contractor does not believe there are grounds for such warrant, the law enforcement officer
shall supply the affidavit for such warrant and, at the request of the City or County law
enforcement officer, Contractor shall seek the warrant from the court.
5. Contractor shall not release any impounded animals unless the owner of such animal,
or another individual with express verbal or written authority from the owner to pick up the
animal (and such authority has been directly conveyed to Contractor from owner),
appears at the Contractor’s facility, and pays the relevant impoundment, emergency
medical treatment, and licensing/permit fees to redeem said animal. Fees may be billed
under certain circumstances as outlined in Exhibit A. - VI. Operations – D. Administration
– 1 Financial Systems.
F. Transport of sick, injured animals
Contractor will:
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1. Ensure the transfer of any injured or sick animals to the animal shelter or veterinary
emergency hospital, or ensure that the owner (if present) of the animal seeks medical
treatment.
G. Field euthanasia
Contractor will:
1. Ensure that if euthanasia is necessary for a sick or injured wild animal while it is in the
field, the euthanasia shall be conducted by trained personnel with necessary equipment.
This service shall be available twenty-four (24) hours a day, seven (7) days a week, 365
days a year.
H. Investigations for animal bites, dangerous & vicious animal cases
Contractor will:
1. Conduct thorough investigations of dangerous or vicious animals, which shall include
interviewing witnesses, collecting evidence, writing reports, taking photos, requesting
related information and securing search warrants to impound a vicious or dangerous dog,
making initial designations as dangerous or vicious, and testifying at hearings. This
investigation should be completed, and the report and all supporting information
presented to the County, at least three (3) calendar days ahead of the scheduled hearing.
Contractor, pertaining to Contractor’s duties as outlined herein, will follow the applicable
County and Participating City ordinances.
2. Investigate municipal code violation complaints within the jurisdictional boundaries of
the Participating Cities and the unincorporated County pertaining to Contractor’s duties
as outlined herein. This includes, but is not limited to, interviewing witnesses, collecting
evidence, taking photos, writing reports, requesting related information and securing
search warrants, issuing citations, and participating in hearings or court proceedings as
needed for potential impoundment and/or prosecution. Officers will work closely with the
City Attorney or County District Attorney as applicable.
I. Removal of dead animals
Contractor will:
1. Remove dead animals from the public right-of-way, except freewa ys and/or highways,
which are maintained by CALTRANS.
2. Remove stray dead domestic animals from private property for no charge.
3. Remove owned domestic dead animals at the request of owner with a charge to the
member of the public requesting the service, as set forth in the Fee Schedule. All such
fees collected by the Contractor shall be remitted to the County.
4. Pick up and dispose of any dead animal on any street, sidewalk, school, or other public
property.
5. In cases where animal contact meets the criteria for rabies testing, pick up dead or live
wildlife on private property. In cases where animal contact meets the criteria for rabies
testing, the Contractor will follow the rabies testing protocol.
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6. Dispose of dead wildlife or domestic dead animals that are brought to the shelter. If a
commercial wildlife removal or pest company wants to dispose of dead animals, they will
have to enter into a contract with the County to pay for disposal fees.
7. If Contractor is unable to safely remove a dead animal, Contractor will hire a qualified
third-party using contract funds to remove the dead animal.
J. Quarantine of animals
Contractor will:
1. Quarantine biting animals and enforce State Codes, California Rabies Compendium,
and County guidelines relating to rabies control. This includes providing state -mandated
rabies clinics.
2. Work with San Mateo County Health to jointly determine when an in-home bite
quarantine is appropriate and will be made available.
K. Dispatch
Contractor will:
1. Provide radio dispatching to the field between the hours of 8:00am and 6:00pm on
Monday through Friday and 8:00am and 5:00pm on Saturday, Sunday, and Holidays.
2. County shall provide radio dispatching to Contractor between the hours of 6:00pm and
8:00am Monday through Friday and 5:00pm and 8:00am Saturday, Sunday, and
Holidays. The Contractor will pay the annual cost for County Radio Dispatch using funds
paid to Contractor pursuant to this Agreement.
3. Have a system for phone calls to roll to another person in order to answer calls from
the residents for the County. If there is more than one (1) Dispatcher on shift, the phone
lines will be set up so the calls coming in roll between the multiple phones.
4. Have a line for law enforcement, fire, and other government officials to call on at all
times when the contractors dispatch is open if they need service from the Contractor.
5. County shall maintain County-owned radio equipment as denoted in Attachment M
County-Owned Radio Equipment.
V. VETERINARY MEDICAL SERVICES
A. Provide veterinary care for animals
Contractor will:
1. Make medical decisions that balance both the best interest of the individual animals
requiring treatment and the County Shelter population.
2. Ensure that the County Shelter medical services include, but are not limited to: animal
exams, vaccinations, microchipping, dispensation of medications, disease prevention,
surgeries (e.g. enucleations, amputations and wound repairs), emergency care of injured
animals, euthanasia and coordination with other local, state and national agencies.
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3. Ensure that Contractor’s veterinary medical staff regularly monitor the status of
individual animals and the population as a whole.
4. Have and apply written disease prevention and response policies and procedures.
Disease response procedures should include measures to minimize transmission to
unaffected animals or people and should ensure appropriate care of the affected animals.
Procedures should include a treatment plan where decisions are based on a range of
appropriate criteria, including the ability to safely and humanely provide relief, duration of
treatment, prognosis for recovery, the likelihood of placement after treatment, the number
of animals who must be treated and the expense and resources available.
5. Ensure that there is preventive health care appropriate for each species and include
protocols that strengthen resistance to disease and minimize exposure to pathogens.
6. Ensure that medications and treatments are only administered with the advice of a
veterinarian or in accordance with written protocols provided by a veterinarian, and all
drugs are dispensed in accordance with federal and state regulations.
7. Whenever possible, ensure all veterinary care and treatments are recorded in
Chameleon (or any successor system).
8. Microchip and spay/neuter all animals for adoption prior to pick up by new owner, as
required by law, unless a veterinarian determines the procedure is not safe for the
animal’s health to performed.
9. Have written policies regarding care and treatment of injured and sick animals and that
are in alignment with State or local laws and address.
B. Veterinarian medical licensing/registration
Contractor will:
1. Maintain current premise permits and meet all veterinary licensing requirements as
specified by the California Veterinary Medical Board and California and federal law.
2. Maintain licensure to dispense and supply shelter and field services staff with the
controlled substances necessary for performance of field captures and euthanasia,
including the monitoring and security of such substances.
3. Ensure that veterinary staff meet certification and/or license requirements set forth by
the State of California. Staff includes veterinarians, registered veterinary technicians, and
other licensed or certified personnel.
C. Medical examination, treatment, and medication
Contractor will:
1. Ensure that the veterinary staff 1) perform a medical examination upon arrival for all
sick/injured animals, 2) direct and monitor the care of injured and/or sick animals, 3)
adheres to and directs procedures to reduce or respond to the outbreak of infectious
diseases, and 4) provide a medical exam for all animals (except those needing
emergency care) within 24 hours of arriving at the shelter.
2. Provide for laboratory services including stool examinations, cytology, urine analysis,
heartworm tests, FELV/FIV tests, electrolytes measurements, and blood counts, among
other testing.
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3. Ensure adequate and appropriate administrative controls are in place to monitor
medications and medical supplies.
VI. OPERATIONS
A. Personnel
1. Staffing
Contractor will:
a) Hire personnel that are fully-qualified, authorized, licensed or permitted under applicable
State and local law to perform such services.
2. Contract Funding of Staff
Contractor will:
a) Ensure all shelter, field, facilities and veterinary-related staff and managerial positions
funded 100% by the Contract, spend 100% of their time working at the County Shelter, or
providing other services to the County and Cities pursuant to this agreement (excluding
disaster work, training, or meetings.) If one of these staff member works less than 100% of
their time at the County shelter, the percentage of hours worked under the items of this
Contract will be documented on a timesheet/time clock. Hours worked at another location
will not be charged to Contract funds. If one of these staff members’ time is divided between
the County shelter and other sites, Contractor shall prioritize services denoted within this
agreement. Contractor will include with the monthly invoice a report of the FTE hours worked
at the County shelter by these staff members. An organization chart will be sent to the
County annually that shows the Contractors entire organization including the percentages of
time staff paid by the County shelter.
3. Training
Contractor will:
a) Annually provide a training plan that includes any certifications required by State laws.
b) Be responsible for providing fully trained personnel in all aspects of performance,
including proper animal care, animal handling, and enforcement procedures and techniques.
c) Ensure all ACOs complete Penal Code 832 Arrest course or be appointed pursuant to
California Corporations Code Section 14502 as Humane Officers, issue citations, receive
ongoing training and maintain proper education, experience and/or certification within one
(1) year of hire.
d) Ensure all ACOs pass approved baton training at earliest feasible opportunity. No ACO
shall use a baton until trained.
e) Require all ACOs to be certified to perform euthanasia by injection as defined by
California law. All ACOs will complete required training per state law.
f) Require all staff that perform animal euthanasia to be trained pursuant to State law.
g) Require staff members that have access or review documents, such as bite reports and
human medical records, to complete HIPAA training.
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4. Volunteer Program
Contractor will:
a) Have an active volunteer program to support the Animal Care and Control program and
related activities. The County encourages the use of volunteer support in all aspects of the
program unless prohibited by State law. The volunteer program will be guided by policies
and procedures similar to those for Contractor’s employees.
b) Contractor should work to increase the volunteer to staff ratio as may be deemed
appropriate by Contractor for specific programs.
c) Carry insurance on volunteers, including coverage for volunteers at the shelter including
but not limited to their interaction with animals.
d) Outline how they will recruit and coordinate volunteers and assigned activities.
e) Track volunteer hours and report numbers annually to the County.
f) Outline which tasks the volunteers will be assigned to complete at the shelter.
B. V.6.4. Vehicles
1. Acquiring /Replacement
Contractor will:
a) Utilize funds paid to Contractor pursuant to this Agreement to acquire or replace vehicles.
2. Vehicle Maintenance and Repair
Contractor will:
a) Provide proof of automobile liability insurance covering all Contractor staff utilizing
vehicles pursuant to this Agreement.
b) Be responsible for all vehicle maintenance and repairs to be paid out of funds paid to
Contractor pursuant to this Agreement.
c) Utilize and maintain existing and replacement vehicles assigned for animal control
activities.
d) Provide a quarterly maintenance and repair report listing all vehicles and the service
received.
e) Ensure all vehicles receive routine maintenance as required by the manufacturer.
f) Maintain all of the vehicles such that they remain in a safe, professional condition at all
times. Records must be kept on all maintenance problems and mileage.
g) Keep vehicles in good repair and ensure that there are no dangers to animals inside the
vehicles that could cause injury such as sharp edges, gaps in doors etc.
h) Clean and disinfect after an animal has been transported in the vehicle.
i) Ensure all vehicles are kept clean on the inside and outside.
C. Procurement
1. Inventory
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Contractor will:
a) Maintain and provide to the County, within thirty (30) days of execution of this Agreement,
a current inventory of all equipment paid for with non-contract Funds owned by Contractor or
paid for in part with non-Contract Funds, used at the shelter and having a current fair market
value of $1,000 or more. Provide to the County, within six (6) months of signing the
Agreement, an inventory of all durable equipment purchased using contract funds and
having a current fair market value of $1,000 or more.
2. Computer Hardware and Software
Contractor will:
a) Be responsible for the provision and replacement of County-owned hardware and
software using contract funding, grants or private funds as long as all of the computer
hardware located in the County Shelter purchased using contract funds is considered the
property of the County. Items owned by the County will be listed in the annual inventory.
b) Maintain an inventory of purchased hardware and software.
c) Be responsible to provide server, internet connectivity and equipment to operate all
computers within the shelter. This will include the set-up of the service for the equipment.
3. Operating Supplies
a) The Contractor shall be required to purchase all operating supplies for the purpose of any
service provided under the terms of the contract with contract funds, Coun ty-directed
donations or other funding sources directed solely to the County Shelter; the supplies will be
and remain the property of San Mateo County.
b) County shall provide animal licensing tags for dogs, cats, animals held under a
Dangerous Animal Permit, and animals designated as Service Animals.
D. Administration
1. Financial systems
Contractor will:
a) Have in place a process and have the capability to provide billing and provide activity
reports to the County.
b) Contractor will not release any impounded animals unless the owner of such animal, or
another individual with express written or verbal authority (such verbal authority having been
conveyed to Contractor directly from owner) to represent the owner, appears at the
Contractors facility, and pays all applicable impoundment, emergency medical treatment,
and/or licensing/permit fees to redeem said animal. Exceptions may be made where efforts
to collect said fees would, in Contractor’s reasonable estimation, potentially jeopardize the
safety of its staff, volunteers or facility. Contractor will alert the program manager of Animal
Control and Licensing regarding the threat of harm to the staff.
c) Contractor will require license fees to be paid before the animal leaves the shelter.
d) Contractor will bill the responsible party if it is reasonably determined that they cannot pay
the required fees at the time an animal is released. Contractor will use every effort to confirm
that the responsible party is unable to pay fees. In the case of unaltered dogs, cats and
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rabbits, fees will only be billed provided the responsible party agrees to have the animal
spayed or neutered prior to the animal being released from the shelter.
e) Fees will only be transferred to the County for billing as a last resort. Any time a
responsible party is billed, the responsible party shall be provided a detailed and clear
itemized list of fees, as well as a letter on San Mateo County Health Department letterhead
explaining how to pay owed fees and the potential for collections actions to follow.
2. Financial Audit & Operational Audit
Contractor will:
a) Provide periodic updates on the annual external audit process, including information on
the process which will be used to ensure the completion of audits. The completed written
audit and opinions shall be supplied to the County by December 31st of each calendar year
for the previous fiscal year.
b) Annually hire an independent auditor, who will conduct a fiscal year audit of all expenses
and revenues and services noted above. The auditor must document and express an
opinion on program revenues, expenses and units of service and must conduct audit in
accordance with generally accepted auditing standards. The audit report shall also express
an opinion regarding compliance with the financially related terms of the Agreement.
c) After completion of the audit, allow County or City personnel, or consultant to speak
directly with the auditors in a joint session with Contractor.
d) Contractor shall use all commercially reasonable efforts to achieve economy, efficiency
and effectiveness in performance of the services provided. Contractor and County will meet
on occasion, as requested by County, but not to exceed more than once per year, to
consider revisions which may be needed to the reporting forms created to document
performance of the services provided. At any time during the term of this Services
Agreement, but not to exceed one time annually, County may request, and Contractor shall
provide additional detailed information concerning services performed under this Agreem ent
for the purpose of a performance audit. The County shall make every effort to follow
Generally Accepted Government Auditing Standards (GAGAS).
e) At any time during normal business hours and as often as the County may deem
necessary, allow the County and/or representatives of the County to observe all Contractor’s
staff and volunteers in all areas of the County Shelter operation. County/City and/or
representatives/contractor shall reasonably conduct themselves so as to not impede regular
operations or functions. At no time will the County/City and/or representatives/contractor of
the County direct the work of any Contractor staff in any manner.
f) At any time during normal business hours, with 24-hour notice from the County, and as
often as County may deem necessary, provide to the County and/or representatives of the
County records for examination with respect to all matters covered by this Agreement. Any
records (e.g., personal employment) that would require notice to interested parties, shall be
so noticed to the extent required by law prior to disclosure. Notice to Contractor shall not be
required if the County has evidence of fraud or other misuse of contract dollars on the part of
the Contractor; provided, however, that Contractor does not waive any privacy rights that
individual employees may have. Nothing in this Services Agreement shall be construed as
granting County any right to make copies, excerpts or transcripts of information unrelated to
the Services Agreement without the prior written consent of Contractor.
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3. Documentation
Contractor will:
a) Maintain for at least four (4) years after contract termination, and provide to County, or
any Federal or State department having monitoring or review authority, to County’s
authorized representatives, and/or to any of their respective audit agencies access to and
the right to examine all records and documents necessary to determine compliance with
relevant Federal, State, and local statutes, rules, and regulations, to determine compliance
with this Services Agreement, and to evaluate the quality, appropriateness, and timeliness of
services performed.
b) Maintain for at least four (4) years after contract termination, and provide to County as
requested records of animals impounded including the description of animal; date of receipt;
date and manner of disposition; treatment received; name and address of person who
redeemed animal; and fees, charges and proceeds charged and collected for redemption.
Contractor will provide information regarding adopters and fees for those animals adopted at
the County Shelter. Contractor shall record all vaccinations.
c) Maintain a complete record on each animal within the Chameleon (or any successor
system) database.
4. Quality Improvement
a) Contractor shall have a Quality Improvement program to ensure maintenance of key
documents, reporting, scheduling services and activities, staff performance, and customer
service.
E. Public services
1. Contractor agrees to convene a Participating City Managers’ or Police Chiefs Group at
a minimum of once per year over the term of this Services Agreement.
2. Contractor shall convene an annual meeting with Contractor’s Board of Directors,
President of the organization, and a committee of Participating City and County elected
officials upon request, at a minimum of once per year during the term of this Services
Agreement to review work covered herein.
3. Contractor agrees that the President, Senior Vice President of Operations, Senior
Director of Operations will meet monthly with the Pro gram Manager of Animal Control
and Licensing.
4. When the County responds to a public records request, it will also provide an exact
copy to Contractor of the documents disclosed to the member of the public.
5. Contractor agrees to present an annual report and supporting documentation to the
Board of Supervisors that addresses the performance of the contracted services set forth
in this Agreement.
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6. Public services include, but are not limited to: staffing the call center, providing and
running a website, reunification of lost animals with owners, animal adoptions, animal
transfers to partner organizations, adoption promotions, licensing services, vaccination
and microchip clinics, media inquiries, citizen complaint resolution, public education and
outreach, utilization of volunteers, and coordination with other local, state and national
agencies. Services also include the proper collection and handling of financial
transactions associated with fees, fines, donations, and contract payments.
7. Contractor will provide quarterly communication updates to the County and Cities for
public release on their websites and within social media. This should include any
information for residents on services provided by the Contractor.
Contractor will:
8. Issue animal licenses and or required permits and collect applicable fees for dogs and
cats that are encountered at the County shelter.
9. Provide public hours at the County Shelter as follows: Shelter will be open 7 days a
week with a minimum of 8 hours per day Monday-Friday (e.g. open 11:00AM-7:00PM)
and 6 hours (e.g. open 11:00AM-5:00PM) per day on Saturday and Sunday. The shelter
can be closed on major holidays (see attachment L – Peninsula Humane Society
Holidays), provided, however that on such holidays, Contractor shall maintain the
minimum staff necessary to care for the animals and respond to field activities. Shelter
will be cleaned by 11 am and ready for public to enter during business hours.
10. Provide method(s) for customers to find and claim lost pets through the Contractor’s
website, call center, notification by mail and telephone.
11. Promote adoptions and licensing through a variety of outreach strategies, including
public education and outreach opportunities that contribute to increasing the live rel ease
rate and decreasing pet overpopulation.
12. Ensure customers are provided with exceptional customer service by achieving a
positive customer satisfaction rating according to a survey to be developed in conjunction
with County approval and administered annually. The survey must include a customer
feedback component to ensure continuous improvement.
13. Develop and maintain acceptance, tracking and resolution procedures for customer
service complaints received regarding Animal Services. Provide initial response (e.g.
phone call, email, in-person visit) to resident complaints within 48 hours of receipt, with
intent to resolve within a reasonable period. County will be advised for sensitive or
unusual complaints.
F. Provide monthly low -cost vaccination clinics at the shelter
Contractor will:
1. Hold at least one (1) monthly low-cost vaccine clinic at the County Shelter for the
residents of San Mateo County. The Contractor shall sell licenses at the monthly low-cost
vaccine clinics and all fees collected at the clinic will be remitted to the County.
G. Issuing licenses
Contractor will:
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1. Provide online information on how pet owners can license their pets to include
locations for purchase and web addresses.
2. Issue replacement tags to dog owners whose license tags are lost, stolen or damaged,
for applicable fee.
3. License and/or issue required permits and collect for County all applicable fees for all
dogs and cats that are encountered at the County Shelter as required by applicable
ordinance.
4. Issue a one (1) or three (3) -year option for dog licenses to the general public as
required by applicable ordinance/law and collect applicable fees for County.
5. Provide an online option on the Contractor’s website (https://www.petdata.com/ URL
link to the County’s current subcontractor, PetData, Inc.) to license or renew animal
licenses.
6. Properly handle the collection, deposit, remittance, and refund of all money associated
with service fees, fines, and contract payments.
7. Collect all fees documented in the ordinances.
8. Contractor shall remit to the County monthly any and all fees collected, pursuant to
ordinance, as well as, vaccine and microchip clinic fees, and animal licensing fees.
H. Software
Contractor will:
1. Utilize the Chameleon (or any successor system) software and database animal
sheltering information system for the purpose of tracking all animal intakes and
dispositions, behavioral notes, all medical conditions and treatment (with the exclusion of
some medical notes that are unable to be added to the database and can be
handwritten), notes made by volunteers may be hand written, animal control field
activities, animal control citations and written warnings, animal bites and bite quarantines
and other data relevant to the management of the animal services operation. Contractor
shall provide copies to the Participating Cities/County or contractor all written notes as
well as data within the Chameleon (or any successor system) software upon request.
2. Be responsible for paying all of the Chameleon (or any successor system) software
system fees for work related to the contract, including the County licenses, using contract
funds. The Chameleon (or any successor system) license will list San Mateo County and
Peninsula Humane Society & SPCA as the database owners. In the event of contract
termination or expiration, each party shall receive an exact copy of the database
information, and if any technical problems arise regarding that goal, each party agrees to
use best efforts to achieve this result.
3. Ensure the “adoption” outcome in Chameleon (or any successor system) shall be
utilized for private individuals who have adopted a pet with the intention that the animal is
to be their permanent pet or the permanent pet of their friend, partner or relative. The
“transfer” outcome in Chameleon (or any successor system) shall be utilized for Partner
Group organizations and their designees that plan to temporarily hold the animal until it
can be adopted to a private individual or that plan to provide a hospice type service for
the animals.
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4. Ensure every live animal goes through an intake process where a photo and
description of each animal is added to the Chameleon (or any successor system)
database. Core vaccinations, deworming and any necessary flea treatment for animals to
be sheltered shall also be administered and documented in Chameleon (or any
successor system) during the intake process. The photos of all stray animals impounded
at the County Shelter shall be made available for viewing by the public on the
Contractor’s lost and found website page during the stray hold period. The photos of all
adoptable animals past any necessary stray hold period kept at the County Shelter shall
also be made available for viewing by the public on the Contractor’s website.
5. Ensure all owner contact information and attempts to contact the owners of animals
wearing a license or identification tag, a microchip or any other kind of identification must
be recorded in Chameleon (or any successor system). Behavior notes and all other
information regarding the animal shall also be recorded in Chameleon (or any successor
system).
6. Contractor will record in the Chameleon database Activity Record field responses with
staff going on scene to the location of the activity differently than they will non -field
responses, such as leaving phone messages, phone conversations, radio conversations,
mailing letters, or any other activities performed when staff is not physically on the scene
of the location of the activity. Recording field and non-field responses differently will allow
accurate response reports to be generated. Response time reports for the City/County
will only include field service calls when field staff is dispatch to a scene to handle a
priority 1-5 call. It will include the time call was received, time dispatched, time the staff
arrived on the scene and time the staff cleared the scene and what action the staff took.
7. Ensure all dogs, cats, puppies and kittens in a litter, weaned or not weaned, shall
always be provided with an individual animal ID number in Chameleon (or any successor
system) that is counted in both intake and outcome statistics.
I. Disaster response
Contractor will:
1. Coordinate with County in the event of a disaster/declared state of emergency.
2. Provide assistance to residents, local law enforcement, fire agencies and the County of
San Mateo Office of Emergency Services to evacuate, shelter, and care for animals in
the event of a disaster.
3. Be activated by the County’s office of Emergency Services in accordance with the
County’s Incident Command System.
4. Work with other groups within the County during a disaster to ensure animals are
safely evacuated and proper care is provided.
5. Ensure that staff or a third-party organization is available to respond to a disaster and
are trained in the handling and care of all animal species within the County.
6. Ensure that each staff member responding to the disaster completes necessary FEMA
forms.
7. Participate in a minimum of one (1) full-scale disaster exercise with San Mateo County
Health or the Office of Emergency Services annually.
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8. When staffing is available, supply 1-2 staff members during disasters that can rotate
into the emergency operations center as needed by the County.
9. Ensure that all staff and volunteers responding to the disaster have completed ICS 100
& 700, as well as trained to the animal care and handling standards of the Contractor.
10. Train with other non-profits and groups in the County on evacuations, sheltering set
ups and communications during a disaster, etc.
J. Mutual Aid
Contractor will:
1. Respond during a disaster in other Counties when requested by the San Mateo County
Emergency Operations Center. Shelter and Field services must continue to operate in
San Mateo County when providing support to other jurisdictions. Contractor shall use
reasonable efforts to make staff available to assist with mutual aid, as requested and,
when the Contractor reasonably determines that it is unable to do so, shall promptly
provide a detailed written explanation of why it is unable to do so.
2. Contractor will work directly with San Mateo County Health and EOC during a disaster
for mutual aid needs or supplies.
K. Recovery
Contractor will:
1. Work with animal owners on the pickup of their animals that have been cared for
during the disaster. Thirty (30) days of Shelter fees can be waived by Contractor due to
the disaster and include documentation in the database. If that animal needs to be held
longer and more fees should be waived, Contractor will get approval from the County.
2. For those animals that owners wish to relinquish, the Contractor will look at alternative
placement options for the animals such as adoptions, foster homes, or partner groups.
3. Plan Continuity of Operations Plan (COOP)
4. Within six (6) months of signing the agreement, Contractor will create a COOP for the
provision of all contracted services in the event of a natural disaster or other significant
unanticipated event that might otherwise disrupt services. Plan to be provided to the
County annually.
VII. REPORTING
Provider will provide the following reports as specified within the required time period.
Monthly Reports DUE
1. Live animal intake kennel statistics (counts and
percentages) by:
Animal, including dogs, cats, other domestic
animals, and wildlife, Intake type, including
owner-surrender, confiscated, stray, owner-
requested, Outcome, adoption, reclaim, transfer,
euthanasia, died, missing, owner-requested
Upon Invoicing
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euthanasia, etc. by Jurisdiction and summarized
2. Dead animal statistics (counts and
percentages) by: Animal, including dogs, cats,
other domestic animals, and wildlife
Upon Invoicing
3. Field pick-up and drop-off: Jurisdiction and
summarized, Patrol calls and response times by
priority to include jurisdiction of the call and
outcome
Upon Invoicing
4. Field activities response times are to be
calculated from the time of the call for field
service to when the Animal Control Officer arrive
on the scene of the field activity. Report should
include the minimum time, maximum time,
average time, targeted time percentage per
priority, both summarized and by jurisdictional
location, and results.
Upon Invoicing
5. List of citizen complaints by jurisdiction and
category, timeline for resolution, and associated
outcome.
Upon Invoicing
6. Number of citations issued, categorized by
ordinance and jurisdiction.
Upon Invoicing
7. Number of voidable license citations issues
and number voided with the purchase of a
license.
Upon Invoicing
8. Revenues collected by jurisdiction and type
and summarized.
Upon Invoicing
9. Financial reports reflecting budget to actual
comparison information for revenues and
expenditures by line item. As an addendum to the
financial report, a narrative outlining any
foreseeable issues or operational changes that
the Contractor believes may be necessary for
approval by the County.
Upon Invoicing
10. Staff report on FTE percentage of hours
spent at the County shelter.
Upon Invoicing
Quarterly Reports Due
1. License sales performed by Contractor by
species and type and jurisdiction with summary.
Upon invoicing for January, April, July, October
2. Rabies vaccination and microchipping clinics
statistics, with summary of total vaccinations
administered by species and type.
Upon invoicing for January, April, July, October
3. Dangerous & vicious animal cases by
jurisdiction and outcomes.
Upon invoicing for January, April, July, October
4. Animal Control/Humane Officer training Upon invoicing for January, April, July, October
5. Humane Investigation report to include number
of calls, contacts, notices, citations, and number
of cruelty/neglect cases submitted to the District
Attorney/City Attorney for prosecution with
outcome.
Upon invoicing for January, April, July, October
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6. Maintenance and repair report listing all
vehicles and the service received.
Upon invoicing for January, April, July, October
Annual Reports Due
1. All monthly and quarterly statistics listed above
compiled for an annual summary of animal
statistics
Prior calendar year upon invoicing for February
2. Medical services staff training--list of staff, type
of training, and dates of completion.
Prior calendar year upon invoicing for February
3. Field officer training - list of staff, type of
training, and dates of completion.
Prior calendar year upon invoicing for February
4. Animal care staff training - list of staff, type of
training, and dates of completion.
Prior calendar year upon invoicing for February
5. Annual dog and cat statistics in basic matrix
format, including live release rates and the live
release rate formula used.
Prior calendar year upon invoicing for February
6. Annual financial audit statement. December 31st of the current year
7. Customer satisfaction rating survey results. Prior calendar year upon invoicing for February
8. A Continuity of Operations Plan (COOP) for
the provision of all contracted services in the
event of a natural disaster or other significant
unanticipated event that might otherwise disrupt
services.
Prior calendar year upon invoicing for February
9. A written cost allocation methodology
procedure. Methodology should consist of items
such as how direct services, such as field and
shelter personnel and supplies, cost are
distributed vs administration personnel that may
be used for other than County contract related
services, if applicable.
Prior calendar year upon invoicing for February
10. A list of all current employed personnel by
position paid for in full or part by the Contract with
the salary/benefits and percent of FTE for each.
Prior calendar year upon invoicing for February
11. Personnel Organization chart with the
percentage breakdown of FTE positions and
number of FTE’s. For those personnel whose
responsibilities extend beyond the contract, the
organizational chart will indicate the percent of
full-time equivalence assigned to each staff
member for the contract that will be correlated
with the amount funded by the contract.
Prior calendar year upon invoicing for February
12. Detailed budget narrative outlining estimated
revenues and expenditures for operating and
capital needs, explanation of operational and
financial changes requested from the prior year,
major operation strategy shifts, and any other
items necessary to provide the County with an
understanding of the proposed spending plan for
Current fiscal year upon invoicing for August
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the following year.
13. Current policy and procedures (SOPs). Prior calendar year upon invoicing for February
14. Contractor will notify the County by January
31st of each year the number of bite quarantines
handled for the past calendar year, broken down
by city, compared to the average number of
quarantines for the prior three (3) calendar years
and include data on in-home vs. shelter.
Contractor will provide statistical information to
the Animal Control & Licensing Manager
sufficient to allow for completion of the Local
Control Rabies Activity Report required by the
State of California. The past years rabies
information to be provided to the County no later
than February 15th of each year.
January 31st and February 15th for prior calendar year
15. Provide the County with an inventory list of
County owned equipment.
Prior calendar year upon invoicing for February
16. Number of spay/neuter surgeries provided to
San Mateo County residents, transfer partners
and shelter animals, number of spay/ neuter
surgeries provided to residents outside of San
Mateo County, divided by category, and total
spay/neuter surgeries.
Prior calendar year upon invoicing for February
17. Humane Investigation report to include
number of calls, contacts, notices, citations, and
number of cruelty/neglect cases submitted to the
District Attorney/City Attorney for prosecution with
outcome.
Prior calendar year upon invoicing for February
18. Number of volunteers, hours and tasks
performed.
Prior calendar year upon invoicing for February
19. Provide the County with an itemized list of all
County fees collected.
Prior calendar year upon invoicing for February
20. Number and type of disaster trainings
conducted, both within their organization and with
other groups in the County.
Prior calendar year upon invoicing for February
21. Contractor to provide annually a detailed
outline of what they will provide or do for kennel
enrichment for all animals housed at the shelter.
Prior calendar year upon invoicing for February
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VIII. PERFORMANCE MEASURES
Incentive Performance Measures
1. 85% of stray and owner-surrendered animals that go through their stray hold will be moved to a
positive outcome within three (3) weeks of entering the shelter. Detailed description of reasons for
not meeting this objective is required for animals not moved within three (3) weeks (with the
emphasis looking to improve the positive outcome over the duration of the contract). Dangerous
animals, quarantined animals and animals in protective custody are excluded.
2. 95% of rabies specimens will be delivered to the San Mateo County Public Health Laboratory
within 48 hours of arriving at the shelter. Detailed description is required in the notes in the
Chameleon (or any successor system) software for animals not delivered within 48 hours
3. 95% of all animals entering the shelter will be administered vaccinations, dewormer, and flea
control as appropriate for their species.
4. All animals receive a health assessment within 24 hours of the animal entering the shelter.
5. All dogs and cats receive an equitable full behavioral assessment no longer than 96 hours of the
animal entering the shelter (not including the day of intake). Detailed description is required for
animals not receiving a complete behavioral assessment. Excluded: Dangerous animals,
quarantined animals, animals in protective custody, euthanasia requests, exotic animals, and
fowl.
6. 95% of all priority 1 calls are responded to within 1 hour of the reporting party calling Dispatch.
7. 95% of all priority 2 calls are responded to within 4 hours of the reporting party calling Dispatch.
8. 90 % of all priority 3 calls are responded to within 18 hours of the reporting party calling Dispatch.
9. 85% of all priority 4 calls are responded to within 24 hours of the reporting party calling Dispatch.
10. Monthly reporting of the number of citations issued to animal owners. A detailed explanation is
required for ±15% variation in the measure.
11. Monthly reporting of the number of citations voided due to license purchase.
12. Provide monthly reporting on the number of animals euthanized in the field by species type and
jurisdiction.
13. 100% of investigative reports including available witness statements, photos, videos, veterinarian
bills, medical bills, bite reports, and police reports to the County within 3 calendar days prior to a
hearing, excluding weekends and holidays.
14. 90% of dead animals are removed within 18 hours.
15. 90% of all quarantines will be responded to within 18 hours of the reporting party either calling
Dispatch or a faxed bite report being received.
16. Dispatchers answer 90% of calls to Dispatch in less than 2 minutes and have no more than a
10% abandoned call rate.
17. Contractor will report quarterly and annually how many cruelty cases have been investigated and
the number of cases sent to the District Attorney or City Attorney for prosecution.
18. All live animals entering the shelter with a non-urgent medical issue are examined by
veterinarian/technician within 24 hours. Examinations may be visual for animals that are unsafe to
handle. A detailed explanation is required for ±10% variation in the measure.
19. All officers will be trained as per state law within 1 year of hire date.
20. All staff that have access to human medical documents must be HIPAA trained by the Contractor
within 30 days of hiring.
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21. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48
hours of receipt, with intent to resolve within a reasonable period. No more than a 10% variance
22. 5% increase in the number of pets receiving a rabies vaccination at monthly vacc ine clinic based
upon the prior fiscal year’s measure.
23. Number of pets receiving a license during the vaccine clinics shall increase 10% each year by
using a baseline the prior fiscal year and for each consecutive year throughout the term of the
contract.
24. Contractor shall only report out for response times those field activities logged into Chameleon (or
any successor system) those that are dispatched to field staff and when they arrive on scene to
the location of the activity. If other field services activities, such as phone calls, emails or text
messages are logged into Chameleon (or any successor system) they will not be counted in the
response time report.
25. Written audit and opinions shall be supplied to the County by December 31st of each calendar
year for the previous fiscal year.
Non-Incentive Performance Measures
26. All received animals will receive a microchip scan. Detailed description is required for animals not
receiving a microchip scan
27. Contractor to provide annually a detailed outline of what they will provide or do for kennel
enrichment for all animals housed at the shelter.
28. Contractor will have written policies and procedures on euthanasia with a goal of ensuring that
non-aggressive and healthy or treatable animals that enter the shelter system are not euthanized
and that such animals are given a positive outcome through redemptions, adoptions and transfers
to other organizations.
29. Contractor will have comprehensive written policies and procedures on Field Services. Policies
and procedures should include proper care and handling of animals, emergency response
procedures, how animals are placed into the vehicle, how officers will keep animals protected
from the heat and cold in their vehicle, and standards for cleaning and disinfecting vehicles.
30. Contractor will have comprehensive written policies and procedures on Veterinary Medical
Services. Policies and procedures should include proper care of injured and sick animals
31. All staff that will be euthanizing animals shall be trained per state law prior to performing
euthanasia.
32. All staff and volunteers that will be responding to or caring for animals during a disaster shall take
the ICS 100 & 700 online classes.
33. Contractor will be 100% in compliance with documentation outlined in this contract of animals
entering the shelter. The County program manager of Animal Care and Control may conduct
annual reviews of animal records.
34. Contractor shall maintain books, records, reports and accounts adequate to allow County and/or
the auditor to fully evaluate, assess and audit Contractor’s performance of services and use of
contract funds under the Agreement, and allow inspection of same by County at any time with 24
hour notice, as outlined in this Agreement
35. Contractor shall use reasonable efforts to make staff available to assist with Mutual aid, as
requested and, when the contractor reasonably determines that it is unable to do so, it shall
promptly provide a detailed written explanation of why it is unable to do so:
36. Contractor will have comprehensive written policies and procedures on the Volunteer Program.
Contents of the policies and procedures should include, but not be limited to, the application form
and process, job descriptions, selection and supervision, orientation and training, performance
reviews, outline allowable and non-allowable activities, and a process for dismissal.
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Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of
the Agreement, County shall pay Contractor based on the following fee schedule and terms:
The total amount that the County shall be obligated to pay for services rendered in this agreement
shall not exceed THIRTY TWO MILLION FIVE HUNDRED FORTY EIGHT THOUSAND NINE
HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). The county shall
pay the contractor in accordance with the following terms:
A. Budget
1. Fiscal Year and Amount
a) 2021-22: $6,189,290.95
b) 2022-23: $6,327,480.28
c) 2023-24: $6,499,455.67
d) 2024-25: $6,674,024.00
e) 2025-26: $6,858,739.01
2. All funds paid to Contractor pursuant to this Services Agreement shall be used by the
Contractor to meet its obligations herein.
3. A detailed proposed budget is included as Exhibit F.
4. An additional amount of $100,000 annually will be included in the total budget to
provide an incentive. Ability to access incentive funds will be determined based on:
a) Should the Contractor achieve all 25 of the incentive performance measure targets the
Contractor will receive 100% of incentive ($100,000).
b) Should the Contractor achieve 90% (23) of incentive performance measures the
Contractor will receive $75,000.
c) Should the Contractor achieve 80% (20) of incentive performance measures the
Contractor will receive $25,000.
B. Incentive Money
1. Incentive money is to be used to benefit the animals in San Mateo County (i.e.,
additional micro-chipping & vaccine clinics, mobile spay and neuter, disaster equipment,
etc.) and Contractor will provide a summary report on how the incentive money was
spent.
C. Cost Overruns
1. During any fiscal year of this Services Agreement, if the costs necessary and incidental
to Contractor’s provision of services hereunder are greater than could have been
reasonably anticipated, Parties hereto shall meet to discuss what steps should be taken.
In no event shall the County provide additional reimbursement for costs overruns without
approval of the Board of Supervisors and contracting Cities’ representatives.
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2. If county or state laws are passed during the term of this Services Agreement that
require a greater level of service, County agrees to negotiate in good faith with Cities and
Contractor to reimburse Contractor for additional costs associated with implementing the
new laws. Should such amendments result in significantly increased costs to Contractor,
Parties agree to negotiate in good faith to agree on appropriate reimbursement. If Parties
are unable to agree on reimbursement costs, Contractor shall document the increased
costs and submit to the County Controller. The Controller will conduct an independent
audit. Parties agree to accept the Controller’s determination of any increased costs.
3. If current state laws are amended, repealed, otherwise changed or suspended during
the term of this Services Agreement that reduce, increase, alter, or remove existing
relevant mandates, County may require Parties to meet to discuss possible financial and
operational impacts of levels of service per the change in law, including but not limited to
any decrease in contract amounts paid to Contractor. If, within 90 days, Parties reach
mutual agreement as to how to proceed as a result of the change in law, it shall be
memorialized as an amendment to this Services Agreement. If, after no less than ninety
(90) days, Parties do not reach mutual agreement as to how to proceed as a result of the
change in law, the County Controller will conduct an independent audit. Parties then have
the option to accept the Controller’s determination. Should Parties decide not to accept
the Controller’s determination, Parties have an additional thirty (30) days to determine
whether they wish to exercise early termination of this Services Agreement, as set forth
below. Parties’ failure to exercise this early termination option at the end of this thirty (30)
days results in this Services Agreement continuing without change or amendment for the
duration of the term determined by Section 9 Term and Termination of this Services
Agreement. Should either Party chose to exercise this early termination option, the Party
shall do so by providing three-hundred-sixty-five (365) days prior written notice to other
Party of its decision to terminate.
D. Modifications to the Budget or Payments
1. Any changes to the budget in Exhibit F must be requested in writing to the County no
later than February 1 of the prior fiscal year for approval and a possible contract
amendment by March of that year.
2. In the event that funds provided under this Agreement are expended prior to the end of
the contract term period, Contractor shall provide ongoing services under the terms of
this Agreement through the end of the contract period without further payment from
County.
3. In the event that funds provided under this Agreement are not expended prior to the
end of a fiscal year, Contractor shall have the opportunity to request funds no later than
February 1 of the prior fiscal year to be used in the subsequent 12-month period with
clear explanation for how those additional funds would be expended, and the County
shall determine what amount of rollover funds will be available by March of the year.
E. Budget Monitoring and Exceptions
1. Revenue accounts shall be established for each service and shall be maintained
separately by Contractor.
F. Method of Payment and Invoicing
1. Within 20 business days of the end of each month, Contractor must submit an invoice
of actual costs for provision of services provided in Exhibit A for the prior month.
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a) For the month of June each year, the following deadlines for invoices exist.
Specific dates for each fiscal year close will be confirmed in May of that year.
(1) June 18, 2022
(2) June 17, 2023
(3) June 15, 2024
(4) June 21st, 2025
For the FY of July 2021-June 2022, Contractor may submit one initial invoice to
the County by July 5th, 2021 in the amount of $500,000 as an advance payment
for the fiscal year. The Contractor will reconcile this one-time advance payment
on or before the September invoice. a) A similar arrangement for a one-time
annual advance payment in July for each fiscal year will be in place.
2. Other than the advance payments in July of each year, which are reconciled by
September of each year, Contractor will only invoice for actual costs.
3. Within 20 business days of the termination or expiration of the contract, Contractor
must submit a final invoice and refund to County any advanced funds in excess of actual
costs. In no event, however, shall County’s annual fiscal obligation under this Agreement
exceed the amounts noted in Exhibit B Section A. Budget 1. Fiscal Year and Amount.
4. In the event that the County makes any advance payments, Contractor agrees to
refund any amounts in excess of the amount owed by the County or credit a portion of
such advance payments to the County. Contractor is not entitled to payment for work not
performed as required by this Agreement
a) Invoices are to be sent to:
Lori Morton-Feazell
San Mateo County Animal Control and Licensing
225 37th Ave, PONY PBH319ACL
San Mateo, CA 94403
650-573-3726
lmorton-feazell@smcgov.org
b) All invoices should reflect the “Staff report on FTE percentage of hours spent at
the County shelter” and shall include:
(1) Total amount of expenses incurred
(2) A breakdown of those expenses according to budget categories included in
Exhibit F
(3) A payroll report of positions identified in the annual organizational chart
(4) Associated reports on performance metrics
(5) A description of any accomplishments or challenges in providing services or
changes to service provision.
5. Additional supporting documentation is not required to be submitted with
invoices, however, the County can request supporting documentation o n
demand.
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G. Signature Claims Certification and Program Integrity
1. Anytime Contractor submits an invoice to the County for reimbursement for services
provided under Exhibit A of this Agreement, Contractor shall certify by signature that the
invoice is true and accurate by stating the invoice is submitted under the penalty of
perjury under the laws of the State of California.
2. The invoice must include the following language and signature line at the bottom of the
form(s) and/or cover letter used to submit the invoice.
3. “Under the penalty of perjury under the laws of the State of California, I hereby certify
that this claim for services complies with all terms and conditions referenced in the
Agreement with San Mateo County.
Executed at _______________ California, on __________20___
Signed ____________________ Title ____________________
Agency ____________________”
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Exhibit C
Excluded Services
1) Enforcement of regulations regarding the number of animals per household.
2) Removal and/or disposal of dead marine animals.
3) Pick up of baby birds.
4) Pick up of dead animals (deer, wildlife or domestic) from freeways or highways (1, 35 (Skyline
Blvd.), 82 (El Camino Real), 84 (Woodside Road), 92, 101, 109, 114, 230, 280, 380). Freeways
and highways are maintained by CALTRANS.
5) Respond to barking dog complaints or animal noise nuisance complaints.
6) Respond, whether dead or alive, to marine mammals/fish
7) Routine patrol of leash-law enforcement in parks, beaches, and other public places when other
priority calls are pending. When there are no priority calls pending, Contractor will respond to
complaints, calls, and observed violations regarding off -leash dogs in parks, beaches, and other
public places where off leash dogs are not allowed, in areas accessible by Contractor’s vehicle,
and will maintain a patrol of no farther 500 yards from the vehicle.
8) Under no condition shall a dangerous or vicious animal designation when determined in
accordance with relevant County or City ordinance, placed on an animal by a law enforcement
officer of any contract area as shown in Exhibit B to be overridden by Contractor. In cases where
the contract area law enforcement officer is designating the animal as dangerous or vicious,
Contractor’s responsibility is limited to testifying as may be needed regarding prior history with
animal and/or owner.
9) Contractor will not accept animals at the County Shelter facility which belong to non-San Mateo
County residents, unless an emergency arises requiring surrender of an animal. The County
Shelter may accept stray animals that were found outside of San Mateo County. The Contractor
shall attempt to immediately transfer the stray animal to the proper shelter in the County where it
was found in a commercially expeditious manner.
10) Respond to pest-control issues (e.g., infestations, perceived or real, of rats, mice, insects,
gophers, wasps, or spiders, etc.)
11) Investigate dog vs. dog incidents at County and/or City or other approved off -leash dog areas
including dog parks, beaches, public parks, etc. Contractor will investigate dog vs. dog incidents
at approved off leash dog areas as defined in the Ordinance.
12) Investigation of Animal Cruelty cases. This will be funded by the contractor’s non-profit
organization. Contractor will ensure that the Humane investigators attend an annual training with
the District Attorney’s office and send a report annually on the number of cruelty cases
investigate along with the number of cases sent to the District Attorney for prosecution. In the
event that Contractor determines that its donor funding levels have been reduced to the level that
it cannot sustain the Cruelty/Neglect program, the parties agree to meet and confer about
whether or not to amend this Agreement to allow for County and City cost sharing to support the
program, or the County and cities taking over responsibility for the costs of the program.
13) Spay & Neutering of Animals being placed for adoptions and low-cost surgeries for the public.
This will be funded by the contractor’s non-profit organization. Annually a report will be sent to the
County that includes number of public and adoptable animal surgeries and number of surgeries
performed for County residents and non-residents.
14) Care, treatment and rehabilitation of wildlife.
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Exhibit D
Contract Areas
The unincorporated County and the following Cities have contracted for services pursuant to this Services
Agreement:
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
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Exhibit E
Fees to be Collected for Services Provided
In consideration of the payments set forth in Exhibit B, Contractor shall make every attempt to collect all
of the following fees from the responsible party. Contractor has no authority to negotiate, waive, or retain
fees.
A. The following are fees as outlined in the applicable County or City Fee Ordinance are to be
charged and collected by the Contractor to the party taking responsibility of the animal and
then sent on a weekly basis to the County by the Contractor.
1. Licensing revenue is to be itemized by jurisdiction and category type.in a format
provided by the County.
a) All licensing fees as shown in San Mateo County ordinance 6.04.290 (a) and comparable
City ordinances, including late fees whenever applicable.
B. The following are fees as outlined in the applicable County or City Fee Ordinance are to be
charged and collected by the Contractor to the party taking responsibil ity of the animal and
then sent on a monthly basis to the County by the Contractor.
1. All redemption charges as shown in San Mateo County Ordinance 6.04.290 (b) with
the following limitation:
a) Impound charges and board costs for all animals except wildlife, u nless wildlife is legally
under permit for possession by a private citizen, including Vincent Bill Unaltered impound
fees;
b) Transportation and trailing costs for equine, swine, bovine, sheep, goats, and any other
animals Contractor deems advisable to move b y trailer; and
c) Animal rescue costs on private property.
2. All surrender, euthanasia and dead on arrival disposal fees, as shown in San Mateo
County Ordinance 6.04.290 (c).
3. Quarantine fee – Home, as shown in San Mateo County Ordinance 6.04.290 (d).
4. Dangerous Animal Permit – permit, inspection, and signage fees, as shown in San
Mateo County Ordinance 6.04.290 (e), (f), and (g).
5. Field Return fees, as shown in San Mateo County Ordinance 6.04.290 (h).
6. Breeding and Fancier Permit fees, as shown in San Mateo County Ordinance 6.04.290
(i) and (j).
7. Return check fees, as shown in San Mateo County Ordinance 6.04.290 (k).
8. Record request fees, as shown in San Mateo County Ordinance 6.04.290 (l).
9. Administrative hearing fees, as shown in San Mateo County Ordinance 6.04.115 (f) or
the applicable city ordinance.
10. Fees collected for dead animal pick-up in public areas and disposal; trap rental; dead
animal pick-up on private property; and citation clearance.
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C. Uncollectable Fees
1. Contractor has no legal authority to negotiate, waive or retain fees for services unless
provided by the applicable ordinance. Contractor shall collect all fees at the time of
service or prior to release of impounded animal or release otherwise authorized per this
Agreement.
2. Contractor shall use all reasonable efforts to collect the fee from the responsible party
at the time the animal is returned to the owner or the owner’s representative, and shall
not release the animal until fees are paid unless refusing to release the animal would, in
Contractor’s reasonable estimation, potentially jeopardize the safety of its staff,
volunteers or facility.
3. Contractor will provide responsible party with a form provided by the County and
agreed to by Contractor. Form will acknowledge debt for services provided by Contractor
by executing said form with responsible parties’ signature. Parties shall meet when
necessary to agree upon the form.
4. If fees remain uncollectable after reasonable efforts, Contractor will send the following
to the County on a monthly basis:
a) Excel spreadsheet showing the following:
(1) Responsible party’s name, address, and telephone
(2) Service provided and fee charged by Contractor
(3) Reason Contractor was unable to collect fee at the time of service
b) Itemized invoice
c) Returned check, if applicable
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Exhibit F
Five-Year Budget (PROPOSED IN RFP)
Entity Name: Peninsula Humane Society
Year 1 Budget Year 2 Budget Year 3 Budget Year 4 Budget Year 5 Budget Grand
Budget Category Total Total Total Total Total Total
Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,957.00 $18,199,030.55
Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,296.46 $5,941,983.48
Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,431.45 $5,930,003.76
Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,058.36 $412,368.10
Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,393.27 $1,918,056.65
Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,602.48 $147,547.36
Total Expenditures $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,739.01 $32,548,989.91
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Attachment H
Health Insurance Portability and Accountability Act (HIPAA)
Business Associate Requirements
I. DEFINITIONS
Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are
defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and
164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations
unless otherwise specified.
a. Business Associate. “Business Associate" shall generally have the same meaning as the
term "business associate" at 45 CFR 160.103, and in reference to the parties to this
agreement shall mean Contractor.
b. Covered Entity. "Covered entity" shall generally have the same meaning as the term
“covered entity” at 45 CFR 160.103, and in reference to the party to this agreem ent shall
mean County.
c. HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and
Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by
Subtitle D of the Health Information Technology for Economic and Clinical Health Act
provisions of the American Recovery and Reinvestment Act of 2009.
d. Designated Record Set. "Designated Record Set" shall have the same meaning as the
term "designated record set" in Section 164.501.
e. Electronic Protected Health Information. "Electronic Protected Health Information"
(EPHI) means individually identifiable health information that is transmitted or maintained in
electronic media; it is limited to the information created, received, maintained or transmitted
by Business Associate from or on behalf of Covered Entity.
f. Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501
and shall include a person who qualifies as a personal representative in accordance with
Section 164.502(g).
g. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually
Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E.
h. Protected Health Information. "Protected Health Information" (PHI) shall have the same
meaning as the term "protected health information" in Section 164.503 and is limited to the
information created or received by Business Associate from or on behalf of County.
i. Required By Law. "Required by law" shall have the same meaning as the term "required by
law" in Section 164.501.
j. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and
Human Services or his or her designee.
k. Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that
compromises the security or privacy of the PHI and subject to the exclusions set forth in Section
164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to
be a breach, unless it can be demonstrated there is a low probability that the PHI has been
compromised based upon, at minimum, a four-part risk assessment:
1. Nature and extent of PHI included, identifiers and likelihood of re-identification;
2. Identity of the unauthorized person or to whom impermissible disclosure was made;
3. Whether PHI was actually viewed or only the opportunity to do so existed;
4. The extent to which the risk has been mitigated.
l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of
Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C.
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m. Unsecured PHI. “Unsecured PHI” is protected health information that is not rendered
unusable, unreadable, or indecipherable to unauthorized individuals through the use of a
technology or methodology specified by the Secretary in relevant HHS guidance.
n. Security Incident. "Security Incident" shall mean the attempted or successful
unauthorized access, use, disclosure, modification, or destruction of information or
interference with systems operations in an information system. “Security Incident”
includes all incidents that constitute breaches of unsecured protected health information.
II. OBLIGATIONS AND ACTIVITES OF CONTRACTOR AS BUSINESS ASSOCIATE
a. Business Associate agrees to not use or further disclose Protected Health Information other
than as permitted or required by the Agreement or as required by law.
b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45
CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to make uses and disclosures requests for Protected Health
Information consistent with minimum necessary policy and procedures.
d. Business Associate may not use or disclose protected health information in a manner that
would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity.
e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by
Business Associate in violation of the requirements of this Agreement.
f. Business Associate agrees to report to County any use or disclosure of Protected
Health Information not authorized by this Agreement.
g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of County, agrees to adhere to the same restrictions and conditions
that apply through this Agreement to Business Associate with respect to such information.
h. If Business Associate has Protected Health Information in a Designated Record Set,
Business Associate agrees to provide access, at the request of County, and in the time and
manner designated by County, to Protected Health Information in a Designated Record Set,
to County or, as directed by County, to an Individual in order to meet the requirements
under Section 164.524.
i. If Business Associate has Protected Health Information in a Designated Record Set,
Business Associate agrees to make any amendment(s) to Protected Health Information in a
Designated Record Set that the County directs or agrees to make pursuant to Section
164.526 at the request of County or an Individual, and in the time and manner designed by
County.
j. Business Associate agrees to make internal practices, books, and records relating to the
use and disclosure of Protected Health Information received from, or created or received by
Business Associate on behalf of County, available to the County at the request of County or
the Secretary, in a time and manner designated by the County or the Secretary, for
purposes of the Secretary determining County's com pliance with the Privacy Rule.
k. Business Associate agrees to document such disclosures of Protected Health
Information and information related to such disclosures as would be required for County
to respond to a request by an Individual for an accounting of disclosures of Protected
Health Information in accordance with Section 164.528.
l. Business Associate agrees to provide to County or an Individual in the time and manner
designated by County, information collected in accordance with Section (k) of this
Schedule, in order to permit County to respond to a request by an Individual for an
accounting of disclosures of Protected Health Information in accordance with Section
164.528.
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m. Business Associate shall implement administrative, physical, and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI
that Business Associate creates, receives, maintains, or transmits on behalf of County.
n. Business Associate shall conform to generally accepted system security principles and the
requirements of the final HIPAA rule pertaining to the security of health information.
o. Business Associate shall ensure that any agent to whom it provides EPHI, including a
subcontractor, agrees to implement reasonable and appropriate safeguards to protect
such EPHI.
p. Business Associate shall report to County any Security Incident within three (3) business
days of becoming aware of such incident. Business Associate shall also facilitate breach
notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law.
As appropriate and after consulting with County, Business Associate shall also notify
affected individuals and the media of a qualifying breach.
q. Business Associate understands that it is directly liable under the HIPAA rules and subject
to civil and, in some cases, criminal penalties for making uses and disclosures of Protected
Health Information that are not authorized by this Attachment, the underlying contract as or
required by law.
III. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS
ASSOCIATE
Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected
Health Information to perform functions, activities, or services for, or on behalf of, County as specified
in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by
County.
IV. OBLIGATIONS OF COUNTY
a. County shall provide Business Associate with the notice of privacy practices that County
produces in accordance with Section 164.520, as well as any changes to such notice.
b. County shall provide Business Associate with any changes in, or revocation of,
permission by Individual to use or disclose Protected Health Information, if such
changes affect Business Associate's permitted or required uses and disclosures.
c. County shall notify Business Associate of any restriction to the use or disclosure of
Protected Health Information that County has agreed to in accordance with Section
164.522.
V. PERMISSABLE REQUESTS BY COUNTY
County shall not request Business Associate to use or disclose Protected Health Information in any
manner that would not be permissible under the Privacy Rule if so requested by County, unless the
Business Associate will use or disclose Protected Health Information for, and if the Agreement
provides for, data aggregation or management and administrative activities of Business Associate.
VI. DUTIES UPON TERMINATION OF AGREEMENT
a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy
all Protected Health Information received from County, or created, maintained, or received by
Business Associate on behalf of County, that Business Associate still maintains in any form.
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This provision shall apply to Protected Health Information that is in the possession of
subcontractors or agents of Business Associate. Business Associate shall retain no copies of
the Protected Health Information.
b. In the event that Business Associate determines that returning or destroying Protected Health
Information is infeasible, Business Associate shall provide to County notification of the
conditions that make return or destruction infeasible. Upon mutual agreement of the Parties
that return or destruction of Protected Health Information is infeasible, Business Associate
shall extend the protections of the Agreement to such Protected Health Information and limit
further uses and disclosures of such Protected Health Information to those purposes that make
the return or destruction infeasible, for so long as Business Associate maintains such
Protection Health Information.
VII. MISCELLANEOUS
a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule
means the section as in effect or as amended, and for which compliance is required.
b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from
time to time as is necessary for County to comply with the requirements of the Privacy Rule and
the Health Insurance Portability and Accountability Act, Public Law 104-191.
c. Survival. The respective rights and obligations of Business Associate under this Schedule shall
survive the termination of the Agreement.
d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits
County to comply with the Privacy Rule.
e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security
policies and procedures of Business Associate.
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Attachment I
Fingerprinting Certification Form
DATE: July 1, 2021
AGREEMENT WITH: Peninsula Humane Society & SPCA
FOR: Peninsula Humane Society & SPCA
Contractor will require records of fingerprinting and background checks for program staff in sensitive positions
including animal control officers, humane officers, and staff who treat animals with controlled drugs or perform
euthanasia.
NAME: Anthony Tansimore
TITLE: President:Customer1
SIGNATURE:
DATE:
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Attachment J
Rabies Algorithm
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Attachment K
Animal Shelter Facility Use and Maintenance Agreement
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Animal Shelter Facility
Use and Maintenance Agreement
Between
The County of San Mateo as “County"
and
Peninsula Humane Society & SPCA as “Contractor"
for
The Animal Shelter Facility
12 Airport Blvd, San Mateo CA 94401
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Section I. General Provisions
A. The purpose of this Animal Shelter Facility Maintenance Agreement ("Agreement") is
to set forth the roles and responsibilities of the County of San Mateo (hereinafter
"County," which includes employees, officers, and authorized representatives),
acting through its San Mateo County Health Division of Public Health Policy &
Planning ("PHPP"), and the County Public Works Department Facilities
Maintenance, Operations and Building Services ("Facilities Services"); and the
Peninsula Humane Society & SPCA (hereinafter "Contractor," which includes
employees, officers, and authorized representatives) for Contractor's use, operation
and management of the Animal Shelter Facility, located at 12 Airport Boulevard, in
the incorporated area of the City of San Mateo, California ("Shelter").
B. The parties understand and agree that Contractor's use of the County-owned Shelter
is pursuant to and contingent upon an active Service Agreement between Contractor
and County for Contractor's animal control services to the County ("Animal Control
Services Agreement"). Contractor may use and occupy the Shelter only for the
purpose of providing animal control and sheltering services to the County and cities
as set forth in the Animal Control Services Agreement and any additional activities as
mutually agreed to by Parties. This Agreement shall terminate concurrently with the
Animal Control Services Agreement.
If there is a material breach of this Agreement by Contractor, then this Agreement is
subject to termination at the County's option if Contractor fails to cure the breach
within sixty days (60) notice by County of such breach. However, if the breach Is
causing continuing damage to the Shelter, County may take any steps necessary to
immediately halt such damage, and if the breach is intentional or negligent, then
Contractor shall be solely responsible for the cost and expense.
Upon expiration or termination of this Agreement and/or the Animal Control Service
Agreement, Contactor shall be given 7 days to vacate the Shelter by removing all
Contractor-owned and personal items and return the Shelter in a clean and orderly
fashion, ordinary wear and tear excepted. Contractor will use best efforts to not
disrupt any operations occurring at the shelter during this time
C. This Agreement shall be in effect from the date last signed below and run concurrent
with the Animal Services Agreement and any fully executed extensions. Upon
termination of this Agreement, Contractor shall vacate the Shelter on the date of
termination and return it to County in good condition, excepting normal wear and
tear. Any damage to the Shelter caused by the negligent or intentional acts of
Contractor shall be promptly repaired by Contractor at its sole expense and not out
of Contract funds or other County funds.
D. The County acknowledges and agrees that the entirety of fees and costs related to
Contractor's operation of the Shelter, and/or performance of this Agreement, shall be
funded solely from the Contract Funds provided to Contractor from County under the
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Animal Control Services Agreement, except as otherwise provided herein. The
County and Contractor acknowledge and agree that if the Contract Funds prove
insufficient to meet the financial needs of maintaining the Shelter, and/or performing
Contractor's maintenance and repair duties under this Agreement, the Contractor will
not be responsible for the payment of any overage, unless caused by its negligent or
intentional acts or omissions. If the Contractor anticipates costs that will exceed the
Contract Funds, Contractor will use best efforts to provide County with notice as
soon as it becomes aware of such potential overage, on a quarterly basis, and
provide adequate documentation of the cause and amount of such anticipated
coverage.
E. Indemnification and Insurance
1. Hold Harmless & Indemnification
(i) Contractor shall hold harmless and indemnify the County, and each
participating city as listed in the Animal Shelter Service Agreement as
third party beneficiaries, their officers, agents, and employees from all
claims related to performance of this Agreement and/or use, operation,
maintenance or repair of the Shelter by Contractor or its employees,
contractors or agents including suits or actions of every name, kind and
description, brought for, or on account of: (1) injuries to or death of any
person, including but not limited to actions brought for (or on account of)
injuries or death to County or Contractor's agents, officers or employees;
(2) damage to property of any kind whatsoever and to whomsoever
belonging, including but not limited to damage to property of County or
Contractor or its agents, officers, or employees; or any other loss or cost,
resulting from the performance or nonperformance of any activities
undertaken under this Agreement, and/or which result from the negligent
or intentional acts or omissions of Contractor, its officers, agents or
employees. This obligation shall survive the termination of this Agreement
for any claims arising during its term.
(ii) The County shall hold harmless and indemnify Contractor, its officers,
agents, and employees from all claims caused by the conduct of the
County, or its agents, officers or employees, including but not limited to
suits or actions of every name, kind and description, brought for, or on
account of: (1) any and all claims related to the construction, and/or repair
of the shelter by the County, whether such claims are based on
performance or performance of an obligation, and whether such claims
are based on conduct that happened before and/or after Contractor took
possession of the Shelter; (2) injuries to or death of any person, including
but not limited to actions brought for (or on account of) injuries or death to
County's agents, officers or employees; (3) damage to property of any
kind whatsoever and to whomsoever belonging, including but not limited
to damage to property of the County or its agents, officers, or employees;
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or any other loss or cost, resulting from the performance or
nonperformance of any activities undertaken under this Agreement, and
which result from the negligent or intentional acts or omissions of the
County, its officers or employees. This obligation shall survive the
termination of this Agreement.
(iii) In the event claims are brought against Contractor and County, the
ultimate liability for damages, shall be apportioned according to the
comparative fault of Contractor and County.
The duty of Contractor, and of the County, to relieve, indemnify, protect
and hold harmless, as set forth hereinabove, shall include the duty to
defend as set forth in Section 2778 of the California Civil Code.
2. Property Damage Coverage
All Risk Contractor at its cost shall maintain on the building and improvements
that are a part of the Shelter a policy of all risk property, in the amount of the
replacement value of the Shelter, its improvements and contents. The insurance
policy shall be issued in the names of County and Contractor as their interests
appear. The insurance policy shall provide that any proceeds shall be payable to
County, excluding proceeds related to damage to equipment and supplies owned
by Contractor.
3. Liability Insurance
Contractor at its cost shall maintain Comprehensive Liability insurance for the
following coverages with the following limits Insuring against all liability of
Contractor and its authorized representatives arising out of and in connection
with Contractor's use or occupancy of the Premises:
(i) Shelter Premises Liability with a minimum limit of $1,000,000 Combined
Single Limit (CSL) each occurrence; and
(ii) All Comprehensive Liability insurance shall insure performance by
Contractor of the Hold Harmless and Indemnification Sub-section of this
Agreement;
(iii) County shall be named as "additionally insured";
(iv) All required Insurance shall contain a Separation of Insureds or
Severability of Interests provision; and
(v) The policy shall not be cancelled or non-renewed unless the County has
received 30 days prior written notice. (Ten days prior notice in the event
of cancellation for nonpayment of premium is acceptable.) Written notice
shall be sent to:
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County of San Mateo
Attn: Animal Services
225 37th Ave.
San Mateo CA. 94403
4. Workers' Compensation and Employer's Liability Insurance
During the entire term of this Agreement, Contractor shall have in effect Workers'
Compensation coverage providing full statutory benefits and employer's liability.
In executing this Agreement, Contractor makes the following certification:
Contractor is aware of the provisions of Section 3700 of the California Labor
Code, which require every employer (1) to be insured against liability for Workers'
Compensation or (2) to undertake self-insurance in accordance with the
provisions of the Code. Contractor will comply with such provisions.
5. Miscellaneous Insurance Provisions
Contractor shall pay the premiums for maintaining the insurance required
hereinabove. All the insurance required under this Agreement shall:
(i) Be issued by insurance companies authorized to do business in the State
of California, with a financial rating of at least an A- IV status as rated in
the most recent edition of Best's Insurance Reports. Coverage provided
by State Fund Insurance shall satisfy this requirement.
(ii) Be issued as a primary policy.
(iii) Contain an endorsement requiring thirty (30) days' notice from the
insurance company to both parties before cancellation or change in the
coverage, scope, or amount of any policy.
(iv) County shall be named as "additionally insured" on each policy.
6. Certificate of Insurance
A certificate of insurance, together with evidence of payment of premium, shall
be deposited with County at the commencement of this Agreement, and on
renewal of the policy not less than twenty (20) days before expiration of each
policy.
In the event Contractor fails to deliver the certificate of insurance verifying
insurance coverage as required in this Section, County may declare a material
breach and terminate the Agreement as provided herein or, at its option take out
all or part of the required insurance and pay the premium thereon on behalf of
Contractor.
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7. Force Majeure
(i) Neither party is responsible for any failure to perform or delay In
performing its obligations under this contract, to the extent it is prevented
or delayed in performing those obligations by an event of force majeure.
(ii) Where there is an event of force majeure, the party prevented from or
delayed in performing its obligations under this contract must immediately
notify the other party giving full particulars of the event of force majeure
and the reasons for the event of force majeure preventing that party from,
or delaying that party In performing its obligations under this contract and
that party must use its reasonable efforts to mitigate the effect of the
event of force majeure upon its or their performance of the contract and to
fulfil its or their obligations under the contract.
(iii) Upon completion of the event of force majeure the party affected must as
soon as reasonably practicable recommence the performance of its
obligations under this contract. Where the party affected is the contractor,
the contractor must provide, within 15 business day, a schedule for
managing the Contractor's obligations under this Agreement to minimize
the effects of the prevention or delay caused by the event of force
majeure.
(iv) An event of force majeure does not relieve a party from liability for an
obligation which arose before the occurrence of that event, nor does that
event affect the obligation to pay money in a timely manner which
matured prior to the occurrence of that event.
(v) Definition. An event of force majeure is an event or circumstance which is
beyond the control and without the fault or negligence of the party
affected and which by the exercise of reasonable diligence the party
affected was unable to prevent, and includes but is not limited to such
matters as:
a) riot, war, invasion, act of foreign enemies, hostilities (whether war
be declared or not) acts of terrorism, civil war, rebellion,
revolution, insurrection of military or usurped power, requisition or
compulsory acquisition by any governmental or competent
authority;
b) ionizing radiation or contamination, radio activity from any nuclear
fuel or from any nuclear waste from the combustion of nuclear
fuel, radioactive toxic explosive or other hazardous properties of
any explosive assembly or nuclear component;
c) pressure waves caused by aircraft or other aerial devices
travelling at sonic or supersonic speeds;
d) earthquakes, flood, fire or other physical natural disaster, but
excluding weather conditions regardless of severity;
e) regional health emergency due to government health
advisory(ies); and
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f) strikes at national level or industrial disputes at a national level, or
strike or industrial disputes by labor not employed by the affected
party, its subcontractors or its suppliers and which affect an
essential portion of the works but excluding any industrial dispute
which Is specific to the performance of the works or this contract.
g) Increased costs incurred by Contractor in the provision of services
under this Agreement, shall not In itself be considered an event of
force majeure even if such increased costs are the result of such
an event.
Section II. Contract Information
To better coordinate all services, Facilities Services has established the Facilities Customer
Service Center (FCSC). The FCSC provides a single point of contact for customers and
dispatch of staff and should be the primary resource for departmental or Contractor's
Maintenance Coordinators and others responsible for requesting maintenance services. The
FCSC is staffed during normal business hours and can be reached at 363-4444.
For management issues and/or to discuss specific activities or projects, the overall coordinator
of this Agreement and the main point of contact is Gary Behrens, Facilities Services Manager,
363-1875.
For custodial issues specifically, contact Duane Minor, Building Services Manager, 363-4445.
The supervisor for each area or function will manage day-to-day activities:
1. Win Maung, 599-1300 (wmaung@smcgov.org). Operation and maintenance of
facility systems and equipment for County owned buildings at the Government
Center, Redwood City.
2. Thomas Sipp, 312-5257 (tsipp@smcgov.org). Operation and maintenance of
facility systems and equipment for County owned and leased buildings in outlying
areas.
3. Patrick Oliver, Crafts Supervisor, 363-1877 (poliver@smcgov.org). Repair,
maintenance, and safety/regulation required upgrades related to carpentry,
painting, and locksmith services for all County facilities.
4. Jose Villalobos or Mark LaGrone, 363-1951 (jvillalobos@smcgo.vorg &
mlagrone@smcgov.org). Custodial, parking lot, loading dock, and room set-up
services for all County Center facilities.
Facilities Services is responsible for updating and maintaining this list with current contact
information.
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Section III. Baseline Services
The baseline services outlined below are to be paid for by Contractor solely with funds provided
to Contractor under the Animal Control Services Agreement the provided ("Contract Funds")
(see Section VII for current charges). If these fees exceed the Contract Funds, the financial
obligations shall be resolved in accordance with Section I.D., supra.
A. General Shelter Facility
1. Preventive Maintenance and Routine Repairs
Facilities Services will responsible for performing regular repair and maintenance
on the Shelter, including all parts, material and labor. Facilities Services will
make, or schedule repairs as determined by the County to be needed, or
pursuant to a reasonable request by Contractor, with 24 hours advance notice to
Contractor if possible, by phone or email. Repairs and maintenance include, but
are not limited to, any and all work on the following areas of the Shelter:
i. Structural portions of buildings (roof, gutters, doors, skylights
windows, flooring)
ii. Solar panels and carports
iii. Repair and maintenance to the building mechanical systems including
heating, ventilation & air conditioning system (HVAC), electrical
distribution and lighting
iv. Repairs of electrical systems (except for light fixtures)
v. Exterior painting (with exception of any touch-up exterior painting)
vi. Interior painting of common areas in County standard colors
(entrances, lobbies, restrooms, main hallways)
vii. All major plumbing issues shall be maintained by Facilities Services;
however, toilet fixtures and sink clogs shall be the responsibility of the
Contractor. If any damage is caused by Contractor's, or a vendor of
Contractor's, intentional or negligent acts, Contractor shall be
responsible for the cost of repair, not out of Contract Funds. County
shall not be considered a vendor for the purposes of this Agreement.
viii. Preventative maintenance of the fire alarm system
ix. Generators and emergency power systems
x. All warranty work related to the new construction. Facilities Services
to communicate to Contractor which items are under warranty.
xi. Facilities Services staff will perform quarterly facility inspections to
identify the condition of the various systems and structure and will
identify necessary repairs or maintenance to be performed to keep the
facility in proper condition. Facilities Services and other County staff
or officials may inspect the condition of the Shelter Facility at any time
during working hours. In order to limit the impact to Contractor
operations, County shall provide Contractor with at least 24 hours'
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notice of the intended inspection, which notice may be provided by
email.
2. Contractor Obligation to Notify of Needed Repairs or Maintenance
Contractor shall promptly notify Facilities Services of any necessary repairs or
maintenance that could impact the long-term condition of the Shelter, or the
provision of animal control and animal care services to the County.
3. Emergency Repairs
Facilities Services will assure response in all critical situations within 2 hours of
receiving actual notice, making immediate temporary repairs when required for
safety or security reasons. Examples of such situations include but are not
limited to:
(i) Broken windows, doors and locks
(ii) Air conditioning in computer server rooms and other sensitive areas
(iii) Interruption of electrical service
(iv) Broken pipes and clogged plumbing (Contractor shall try to clear clogs In
toilet or drain prior to calling Facilities Services)
(v) Leaking roofs
(vi) Damage resulting from natural disasters
(vii) Other situations which Contractor or County reasonably determines
compromises the immediate health or well-being of the animals, the staff,
volunteers or visiting public.
4. Process by which Contractor addresses Repairs/Service Needed on an
Emergency Basis
(i) Upon becoming aware of a situation, Contractor shall immediately notify
Facilities Services of any repairs or maintenance needed to address
items that could cause immediate damage or injury to the Shelter, or to
persons working or animals being cared for therein, including but not
limited to plumbing/water leaks, roof leaks, or fire or other hazards.
(ii) Should an urgent situation arise in which Facilities Services is unable to
respond within 2 hours to a major system failure which has the potential
for immediate and serious health or safety impacts to animals,
staff/volunteers, employees, or the public, and/or the continued operation
of essential animal control and sheltering programs and which cannot be
otherwise managed or contained, Contractor may retain the services of a
reputable repair person to address the issue, after notifying Facilities
Services.
(iii) Contractor shall notify Facilities Services and PHPP within 2 hours of its
decision and reasoning to take such actions. Contractor will provide
Facilities Services with the key points of how the issue is being
addressed. If possible, Contractor will arrange for a temporary solution so
that Facilities Services can complete the full work once they are available.
Contractor will use Contract Funds if Contractor incurs expenses due to
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an emergency repair as outlined in this subsection, unless caused by the
intentional or negligent acts or omissions of Contractor, or its vendors, in
which case Contractor shall be responsible for these expenses not using
Contract Funds.
(iv) Contractor must comply with any prevailing wage requirements of state
law as applicable for any construction or repair it undertakes not
performed by Facilities Services.
5. Utilities
(i) Contractor is responsible for furnishing and paying for all utilities for the
Shelter, including gas, water, electricity, sewer, telephone/internet and
garbage service. All utility services shall be paid from the provided
Contract Funds.
(ii) Contractor shall maintain all records pertaining to all repair, replacement,
maintenance utility and other services provided under this Agreement for
a period of four years after County makes final payment and all other
pending matters are closed, and Contractor shall be subject to the
examination and/or audit by the County, a Federal granter agency, and
the State of California.
6. Signage
(i) Facilities Services will provide directional signs for parking lots and
building lobbies.
(ii) Contractor will have input on suitability of all signage installed by County.
PHS will not install signage without approval of County.
7. Pest Control
Contractor will use best efforts to maintain the Shelter pest- free.
Contractor (PHS) will enter into, pay the costs of, and monitor a recurring
and scheduled contract for pest control services in and around the
Shelter, and on an as needed basis. The contract shall cover control of all
types of pests, including termites and all types of insects, rodents and
other and vermin. Costs will be paid from Contract Funds. The pest
control invoices/reports will be made available to County upon request.
8. Disaster Response
In the event of a natural disaster such as a major earthquake, Facilities
Services staff are trained and prepared to respond to and secure building
systems. County shall not be responsible or liable for any damages to
Contractor or any third party for injuries or damages caused by a natural
disaster or any injuries or damage to any person or property belonging to
any person, or interruptions of any operations of Contractor, as a result
of a natural disaster.
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9. Skilled Craft Services
i. Carpentry
Facility Services carpenters will perform maintenance and repairs as
needed as determined by the County Facilities Services, or upon
reasonable request by Contractor, and approval by County on roofs,
doors, windows, water damaged areas and hard surface floors in
common areas. Facilities Services will also patch and repair chips and
holes in walls. Other carpentry services are available on a fee for services
basis {see Section IV).
ii. Lock Work
Locksmith services provided under baseline services Include the repair or
replacement of broken building locksets (excluding Contractor property
such as file cabinets and desk), repair or adjustment of improperly
working door closers; providing duplicate keys with proper authorization;
re-keying locks for security reasons as determined necessary by Facilities
Services; replacing worn or outdated locksets; and any work required
because of new codes and regulations, as determined by Facilities
Services. Keys for or repairs to County property, including but not limited
to desks, file cabinets, and vehicles are beyond the facility service charge
and will be repaired by the contractor using funding from the animal
control services Contract Funds.
10. Grounds Services
i. Landscaping
Facilities Services is responsible for providing and monitoring the
landscaping services for the Shelter. Under this contract, and as
determined necessary or desirable by Facilities Maintenance, the
landscaping crews will install and maintain irrigation systems; propagate
and plant appropriate species; prune, trim, fertilize, now, and provide all
other care and maintenance for plants, shrubs, trees, turf, and lawns.
11. Custodial and Janitorial Services
Contractor shall maintain all interior and exterior areas of the Shelter and
grounds in a clean and sanitary condition. Contractor may provide this service
through its staff or shall retain a reputable vendor to provide janitorial and
custodial services at a reasonable cost and as needed to fulfill its responsibility to
maintain the Shelter in a clean and sanitary condition.
Facilities Services will provide no Custodial or Janitorial for the shelter.
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Section IV. Additional Services
Services requested by Contractor and not outlined in Section Ill are considered "additional
services," and shall not be provided unless approved by the Directors of County Health and
Department of Public Works. If approved, services listed below will be scheduled upon receipt of
a work request from County Health, and the associated costs will be invoiced to the Contractor.
Contractor will use Contract Funds to pay the invoice within 30 calendar days from date of
mailing or emailing; if not timely paid, County will deduct the past due amount from Contractor's
next monthly payment. The majority of these services are provided under the administration of
the Construction Services Section (CSS) located at 30 Tower Road, San Mateo. Requests for
services and cost estimates should be routed through San Mateo County Health System
(Animal Control Manager). Contractor shall in no circumstance alter any part of the Shelter
structure or install any fixture, without prior written County approval from the Directors of the
San Mateo County Health and Department of Public Works.
A. Carpentry
New:
Floor coverings
Commercial fixtures
Acoustical ceilings
Doors/windows
Soundproofing and insulation
Air conditioning units
Restroom partitions and fixtures tile work
Concrete slabs and retaining walls
Building and/or custom fabrication:
Storage structures
Security gates, windows, etc.
Custom cabinets and casework
Custom shelves, reception counters, etc.
Wall framing and drywall
Custom racks, bins, etc., for delivery vehicles
B. Electrical
Install additional electrical circuits and outlets
Upgrade and install new workplace lighting
Install Pleione electrical whips
Install and maintain security alarm systems
Set up temporary power for events.
C. Lock Work
Lock drilling (when keys are lost or locked inside, contact FM&O)
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New installation (result of new construction or remodeling)
D. Other
Directional signs for departmental areas
General construction site cleanup
Need for county approval for any fixtures, repairs, remodeling or construction at the Shelter. Any
of the above items as well as any new fixtures, construction, repairs or remodel (to include
altering of the building or grounds in any way) may not be undertaken without the express, prior
written permission of the Director of San Mateo County Health or designee, and the Director of
the Department of Public Works, or designee, except as otherwise provided under this
Agreement.
If Contractor performs any construction work, remodeling or repairs, or attaches any fixtures to
Shelter or other county-property without such written permission, or changes the grounds in any
manner, Contractor must promptly return the Shelter building, property or grounds to its original
condition at its own expense and not using Animal Control Services Contract Funds or any other
County funding, except as otherwise provided under this Agreement.
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Section V. Excluded Services
A. This Agreement does not include any of the following which will be Contractor
responsibility:
Contractor shall be solely responsible for maintaining the below items. Money for all repairs and
costs will come from the Contract Funds. Any such items undertaken by Contractor shall be
documented and all invoices for any such work, shall be kept and provided to County on a
quarterly basis. For major equipment owned by the County (as listed In subsection (d) below,
and any similar equipment), Contractor shall use a reputable, qualified, and licensed contractor
or vendor, and may not use its own employees or volunteers for such work without County
approval. If employees or volunteers are used for work, no additional County funds shall be
used for such labor, except those funds otherwise used to pay the employee's regular salary.
Contractor agrees that all major equipment owned by the County (as listed In subsection (d)
below, and any similar equipment) will be serviced by a qualified vendor.
1. Light bulb replacement to include lamps and ballast
2. Plumbing clogs: Contractor will first attempt to unclog and if unsuccessful will
submit a request to Facilities Services for repair. (Contractor may not hire a
service to attempt to unclog pipes.)
3. Equipment maintenance and repair as follows:
Washers/dryers
Kennel cleaning equipment
Safes, lock boxes
Clippers
Surgical tables
Audio visual equipment camera, security and intrusion alarms
Computers/printers/scanners etc. and phone system
Cash Registers/credit card machines, fax machine etc.
Any other specialty equipment for animal sheltering
Refrigerators
4. These items must be repaired by a qualified vendor
X-ray equipment
Anesthetic machine
Surgical lights
Auto clave
5. Kennel fencing repairs, to include the replacement of mud flaps or guillotine
doors, door latches etc. (if CMU needs repair, the Contractor will submit a repair
request to the Manager of Animal Control and Licensing for approval prior to
contacting Facilities Services)
6. General:
Repair office furniture
Anchor files and shelving
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Hang pictures and bulletin boards; however, Contractor shall take care
not to damage County property in its placement and installation of these
or any other items attached to walls or ceilings
7. Intercom systems
8. Installation of new animal shelter equipment that is not attached to the structure.
9. Replacement of any equipment purchased by the Contractor for use in animal
sheltering or animal control operations: Contractor shall not replace equipment to
be paid for by Contract Funds without prior approval from County of equipment to
be replaced and cost if cost exceeds $5,000 per individual item. If the need to
replace such equipment is due to Contractor misuse or negligence, as distinct
from wear related to appropriate use, Contractor shall replace such equipment
from its own funds not Contract Funds, or any other County funds. Funds for
approved replacement equipment not misused or damaged by Contractor are to
come from Contract Funds. Any equipment or items purchased with Contract
Funds or other County funds Is property of the County. Contractor shall use
Contract Funds for purchase of equipment or vehicles to be used at the Shelter
for providing services, which equipment. and vehicles shall be County owned.
10. Paint offices, conference rooms and staff bathrooms.
11. Keep the landscaped areas, walkways and patios, adjacent sidewalks, and other
common areas In and around the County facility clean and in good repair
12. Sweep the entrances to County facility as needed and will keep glass doors
clean
13. Contractor is solely responsible for custodial and pest control at the shelter.
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Section VI. Additional Responsibilities
A. Facilities Services Responsibilities
1. For routine maintenance of systems, Facilities Services will
(i) Provide the Contractor with advance schedule to the extent practicable
(ii) Provide Contractor no less than 24 hours' notice when that maintenance
is to occur (allowing Contractor to weigh in as to whether or not the
scheduled maintenance will interfere with operation and if it will interfere
Contractor will give alternate dates within a reasonable time frame when
the repair/service can be completed.)
(iii) Provide Contractor with acknowledgement that the service has in fact
occurred and any unusual findings related to that service. This notification
will be done by a service request confirmation.
2. For other than routine scheduled maintenance
(i) Contractor will notify Facilities Services of needed repair/service without
delay via phone, fax, or email to the DPW call center. Contractor shall be
responsible for any damage to the Shelter, its contents or any person
caused by its failure to timely notify the County of needed emergency
repairs of conditions that threaten the structure or its contents or the
health or safety of occupants or the public.
(ii) Facilities Services will notify Contractor within 24 hours of its anticipated
investigation of requested repair (if the matter is something that can be
addressed at the time of investigation, Facilities Services to adhere to
steps which follow):
a) Notify the Contractor's Maintenance Coordinator at least 24 hours
in advance of any scheduled maintenance activity that may affect
the Contractor's normal working operation (noise, dust, odors,
interruption of water or electrical service, etc.).
b) Facilities Services to notify contractor of findings of the
investigation and its plan to address (and except for the case of
emergency repairs, allowing Contractor to weigh in if the
scheduled repairs will interfere with its operation)
c) Critical or emergent work will be completed at time of
investigation.
d) Facilities Services to notify Contractor promptly upon
completion of the repair. Notification will be given by service
request confirmation of close out.
e) Contractor will notify Facilities Services of its review of the repair
once completed.
f) All communication between Contractor and Facilities Services will
be copied to PHPP.
g) Facilities Services will leave the work areas safe and clean of any
debris caused by the repairs upon completion of the task.
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h) Facilities Services and Contractor will comply with all state and
federal laws and regulations regarding the handling and disposal
of materials and waste products associated with the normal
operations of the facility or its maintenance that could impact
public safety and the environment.
i) Facilities Services will research and/or recommend special
materials, devices, or services if it deems this appropriate and if
desired by Contractor
j) Facilities Services will make appropriate referrals as It deems
necessary or appropriate for work outside the scope of baseline
maintenance services
k) Facilities Services will coordinate with Risk Management,
Environmental Health, Sheriff's Office, local fire departments,
and/or other regulatory and health and safety agencies as it
deems necessary for issues related to building safety and
inspection.
B. Contractor is to:
1. Designate a Maintenance Coordinator(s) to be the primary point of contact for
Facilities Services Issues.
2. Provide accurate and full details of services requested
3. Report mechanical malfunctions or other needed repairs to Facilities Services
promptly and complete necessary services request form(s).
4. Encourage all employees to be energy conscious. It’s good for the
environment as well as keeping your costs down.
C. The parties acknowledge that County will be making an inventory and tagging all
equipment and vehicles that are County owned or purchased using any Contract
Funds. Contractor agrees to use best efforts to assist and cooperate with County in
making its inventory of equipment and vehicles which are owned by County in whole
or in part. As part of this effort to assist the County in making its inventory, Contractor
shall maintain and provide to County, within thirty days of signing this Agreement, a
current inventory of all equipment previously paid for with non-Contract Funds owned
by Contractor or paid for in part with non- Contract Funds, used at the shelter and
having a current fair market value of $1,000 or more.
D. In event of termination or expiration of this Agreement, the County shall have the
option to purchase any equipment or vehicle that has been paid for in part out of
non-County Funds by paying to Contractor the depreciated value of Contractor's
share of the equipment. In the event County opts not to purchase this equipment or
vehicle, Contractor shall pay to County the depreciated value of its share of the
equipment or vehicle.
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Section VII. Service Level Costs
A. Invoicing/payment of Facilities Maintenance Work
1. As it relates to repairs/service which fall under the Contractor's responsibilities,
Contractor will manage this work within the Contract Funds provided for under
the Animal Control Services Agreement and provide open book accounting for all
work contracted to outside vendors and provide copies of invoices and a
quarterly report of all expenditures 'As it relates to repairs/service which fall under
Facilities Services responsibilities, Facilities Services will send an invoice to the
County Health system who in turn will send invoice to the Contractor of the
amount and Contractor will pay within 30 calendar days from date of mailing. If
invoice is not timely paid, County will deduct the past due amount from
Contractor's next monthly payment.
2. As it relates to repairs/service which fall under Facilities Services responsibilities
but for which Facilities Services cannot respond in a timely manner and which
are, as a result, managed by Contractor under the conditions provided herein,
Contractor will pay the invoice using Contract Funds that it receives pursuant to
the Animal Control Services Agreement, and promptly send a copy of such
invoice to the County Animal Control Program Manager, Care of County Health,
Public Health, Policy and Planning Division.
B. Additional services;
1. Costs associated with additional services as outlined in Section IV are based on
the actual costs of each service as performed and are charged to the Contractor
by invoice from Facilities Services. Each service will have a cost per unit time or
occurrence.
(i) For work performed by Facilities Services staff, labor rates are hourly
based on classification and include overhead. Materials and supplies are
billed at their actual cost.
(ii) For work that must be contracted out, Facilities Services will request
estimates from qualified and reputable companies and award the job to
the low bidder. Contractor will be billed for the actual cost of the work.
Facilities Services will send an invoice to the County Health system who
in turn will send invoice to the Contractor of the amount and Contractor
will pay within 30 calendar days. If invoice is not timely paid, County will
deduct the past due amount from Contractor’s next monthly payment.
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Section VIII. Billing Procedures and Tracking Information
A. Tracking Information
1. Because a large percentage of work performed by Facilities Services is
associated with building systems and structures, baseline services are tracked by
building rather than by individual department. Facilities Services staff will record
labor and material costs for each activity performed in a building, and these costs
are then reflected in the report sent quarterly to the Contractor and the Animal
Control Manager, San Mateo County Health. Contractor will be charged for
services rendered on an ongoing basis and not based on a predetermined
amount.
2. The cost for additional services is tracked by work authorization. Prior to
receiving a service, the Contractor will set aside a dollar amount equal to the
estimated cost for that service. As services are rendered and costs are incurred,
the invoices will be sent to County Health System Animal Control Manager and
then to the Contractor. The cost will be taken out of animal control Contract
Funds by the Contractor, who will pay the invoice within 30 calendar days or the
County will deduct the overdue amount from Contractor's next payment.
3. If there ls a dispute raised by Contractor, within three business days of receipt of
the Invoice, regarding the accuracy of charges in an invoice, the parties shall use
best efforts to resolve the dispute expeditiously. If while using best efforts, the
parties have not resolved the dispute within 30 calendar days, Contractor shall
not be in breach if the parties agree that they are working in good faith to resolve
the dispute.
B. Building Manuals, Drawings, Training
In preparation for this, Contractor is to receive copies of all warranties, as-builts, operating and
maintenance materials, and is to participate in all trainings provided by the Shelter's general
contractor to DPW for the systems that Contractor will be maintaining. The intent is to have
Contractor be informed as much as possible to more efficiently assist DPW in its role as well as
manage its own responsibilities.
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THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE
UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR
AUTHORIZED DESIGNEE.
For Peninsula Humane Society & SPCA:
_____________________________
Contractor Signature
_______________
Date
Anthony Tansimore
President
For County:
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Cassius Lockett, PhD.
Director of Public Health, Policy and Planning
County of San Mateo
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Gary Behrens
Facilities Services Manager
County of San Mateo
DocuSign Envelope ID: 36C4C10E-2F38-40CD-9CDE-B18E022DAB04
5/3/2021 | 9:31 AM PDT
5/3/2021 | 12:33 PM PDT
Kevin Sporer
Facilities Deputy Director
5/3/2021 | 2:17 PM PDT
DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
278
82
Attachment L
Peninsula Humane Society Holidays
•New Year’s Day
•Martin Luther King Jr. Day
•President’s Day
•Easter
•Memorial Day
•July 4th
•Labor Day
•Veteran’s Day
•Thanksgiving Day
•Christmas Day
DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
279
83
Attachment M
County-Owned Radio Equipment
•4 - Motorola APX 7000 Handheld Radios
•17 - Motorola APX 4000 Handheld Radios
•1 - Motorola MCD 5000 Deskset
•1 - Motorola APX 7500 Radio installed in vehicle
•13 - Motorola APX 6500 Radios installed in vehicles
•1 - Antenna mounted on roof of County Shelter
DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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Agreement No. __________________________
AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND PETDATA, INC.
This Agreement is entered into this Fourth day of June, 2019, by and between the County of San Mateo,
a political subdivision of the state of California, hereinafter called “County,” and PETDATA, INC.,
hereinafter called “Contractor.”
* * *
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with
independent contractors for the furnishing of such services to or for County or any Department thereof;
and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of San Mateo County
Health- Public Health, Policy & Planning.
Now, therefore, it is agreed by the parties to this Agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A—Services
Exhibit B—Payments and Rates
Attachment I—§ 504 Compliance
Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform
services for County in accordance with the terms, conditions, and specifications set forth in this
Agreement and in Exhibit A.
2. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and
specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor
based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold
payment if County determines that the quantity or quality of the work performed is unacceptable. In no
event shall County’s total fiscal obligation under this Agreement exceed SIX HUNDRED-THIRTEEN
THOUSAND NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945). In the event that the County
makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed
by the County at the time of contract termination or expiration. Contractor is not entitled to payment for
work not performed as required by this agreement.
3. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1,
2019, through June 30, 2022.
4. Termination
This Agreement may be terminated by Contractor or by the Director of Public Health, Policy and Planning
or his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance
Resolution No. 076668
Attachment 2 - Agreement between County of San Mateo and PetData Inc.
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written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive
payment for work/services provided prior to termination of the Agreement. Such payment shall be that
prorated portion of the full payment determined by comparing the work/services actually completed to the
work/services required by the Agreement.
County may terminate this Agreement or a portion of the services referenced in the Attachments and
Exhibits based upon the unavailability of Federal, State, or County funds by providing written notice to
Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding.
County may terminate this Agreement for cause. In order to terminate for cause, County must first give
Contractor notice of the alleged breach. Contractor shall have five business days after receipt of such
notice to respond and a total of ten calendar days after receipt of such notice to cure the alleged breach.
If Contractor fails to cure the breach within this period, County may immediately terminate this Agreement
without further action. The option available in this paragraph is separate from the ability to terminate
without cause with appropriate notice described above. In the event that County provides notice of an
alleged breach pursuant to this section, County may, in extreme circumstances, immediately suspend
performance of services and payment under this Agreement pending the resolution of the process
described in this paragraph. County has sole discretion to determine what constitutes an extreme
circumstance for purposes of this paragraph, and County shall use reasonable judgment in making that
determination.
5.Contract Materials
At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data,
studies, maps, photographs, reports, and other written materials (collectively referred to as “contract
materials”) prepared by Contractor under this Agreement shall become the property of County and shall
be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such
contract materials if permitted by law.
6.Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are
performed as an independent contractor and not as an employee of County and that neither Contractor
nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.
7.Hold Harmless
a. General Hold Harmless
Contractor shall indemnify and save harmless County and its officers, agents, employees, and servants
from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the
performance of any work or services required of Contractor under this Agreement, or payments made
pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Contractor or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging;
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(C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply, if
applicable, with the requirements set forth in the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or
passive negligence of County and/or its officers, agents, employees, or servants. However,
Contractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or
damage for which County has been found in a court of competent jurisdiction to be solely liable
by reason of its own negligence or willful misconduct.
The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty
to defend as set forth in Section 2778 of the California Civil Code.
8.Assignability and Subcontracting
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third
party to provide services required by Contractor under this Agreement without the prior written consent of
County. Any such assignment or subcontract without County’s prior written consent shall give County the
right to automatically and immediately terminate this Agreement without penalty or advance notice.
9.Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and
until all insurance required under this Section has been obtained and such insurance has been approved
by County’s Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain
such approval. Contractor shall furnish County with certificates of insurance evidencing the required
coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage
to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates
shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of
any pending change in the limits of liability or of any cancellation or modification of the policy.
b. Workers’ Compensation and Employer’s Liability Insurance
Contractor shall have in effect during the entire term of this Agreement workers’ compensation and
employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor
certifies, as required by Section 1861 of the California Labor Code, that (a) it is 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 the Labor
Code, and (b) it will comply with such provisions before commencing the performance of work under this
Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and
property damage liability insurance as shall protect Contractor and all of its employees/officers/agents
while performing work covered by this Agreement from any and all claims for damages for bodily injury,
including accidental death, as well as any and all claims for property damage which may arise from
Contractor’s operations under this Agreement, whether such operations be by Contractor, any
subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.
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Such insurance shall be combined single limit bodily injury and property damage for each occurrence and
shall not be less than the amounts specified below:
(a) Comprehensive General Liability… $1,000,000
County and its officers, agents, employees, and servants shall be named as additional insured on any
such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to
County and its officers, agents, employees, and servants shall be primary insurance to the full limits of
liability of the policy and (b) if the County or its officers, agents, employees, and servants have other
insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.
In the event of the breach of any provision of this Section, or in the event any notice is received which
indicates any required insurance coverage will be diminished or canceled, County, at its option, may,
notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
breach of this Agreement and suspend all further work and payment pursuant to this Agreement.
10.Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance
with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but
not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal
Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements
set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in
programs and activities receiving any Federal or County financial assistance. Such services shall also be
performed in accordance with all applicable ordinances and regulations, including but not limited to
appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and
applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement
and any applicable State, Federal, County, or municipal law or regulation, the requirements of the
applicable law or regulation will take precedence over the requirements set forth in this Agreement.
Contractor will timely and accurately complete, sign, and submit all necessary documentation of
compliance.
11.Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the
scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or
mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political
beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related),
military service, or genetic information.
b. Equal Employment Opportunity
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Contractor shall ensure equal employment opportunity based on objective standards of recruitment,
classification, selection, promotion, compensation, performance evaluation, and management relations
for all employees under this Agreement. Contractor’s equal employment policies shall be made available
to County upon request.
c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides
that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of
any services this Agreement. This Section applies only to contractors who are providing services to
members of the public under this Agreement.
d. Compliance with County’s Equal Benefits Ordinance
Contractor shall comply with all laws relating to the provision of benefits to its employees and their
spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the
provision of such benefits on the basis that the spouse or domestic partner of the Contractor’s employee
is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities
The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if
fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R.
60–741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability
and requires affirmative action by covered prime contractors and subcontractors to employ and advance
in employment qualified individuals with disabilities.
f.History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against
Contractor by the Equal Employment Opportunity Commission, the California Department of Fair
Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been
issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission,
the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall
provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to
execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this
Agreement and subjects the Agreement to immediate termination at the sole option of the County.
g. Reporting; Violation of Non-discrimination Provisions
Contractor shall report to the County Manager the filing in any court or with any administrative agency of
any complaint or allegation of discrimination on any of the bases prohibited by this Section of the
Agreement or the Section titled “Compliance with Laws”. Such duty shall include reporting of the filing of
any and all charges with the Equal Employment Opportunity Commission, the California Department of
Fair Employment and Housing, or any other entity charged with the investigation or adjudication of
allegations covered by this subsection within 30 days of such filing, provided that within such 30 days
such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such
notification shall include a general description of the circumstances involved and a general description of
the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based
discrimination).
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Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this
Agreement and subject the Contractor to penalties, to be determined by the County Manager, including
but not limited to the following:
i.termination of this Agreement;
ii.disqualification of the Contractor from being considered for or being awarded a County contract
for a period of up to 3 years;
iii.liquidated damages of $2,500 per violation; and/or
iv.imposition of other appropriate contractual and civil remedies and sanctions, as determined by
the County Manager.
To effectuate the provisions of this Section, the County Manager shall have the authority to offset all or
any portion of the amount described in this Section against amounts due to Contractor under this
Agreement or any other agreement between Contractor and County.
h. Compliance with Living Wage Ordinance
As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all
contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of
the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered
Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors
as required under the Ordinance.
12.Compliance with County Employee Jury Service Ordinance
Contractor shall comply with Chapter 2.85 of the County’s Ordinance Code, which states that Contractor
shall have and adhere to a written policy providing that its employees, to the extent they are full-time
employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer
than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for
each day of actual jury service. The policy may provide that such employees deposit any fees received
for such jury service with Contractor or that the Contractor may deduct from an employee’s regular pay
the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies
that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if
Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following
written statement to County: “For purposes of San Mateo County’s jury service ordinance, Contractor
certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any
such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy
that complies with Chapter 2.85 of the County’s Ordinance Code.” The requirements of Chapter 2.85 do
not apply if this Agreement’s total value listed in the Section titled “Payments”, is less than one-hundred
thousand dollars ($100,000), but Contractor acknowledges that Chapter 2.85’s requirements will apply if
this Agreement is amended such that its total value meets or exceeds that threshold amount.
13.Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for
three (3) years after County makes final payment and all other pending matters are closed, and
Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the
State of California.
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(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable
Federal, State, and local agencies and as required by County.
(c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department
having monitoring or review authority, to County’s authorized representative, and/or to any of their
respective audit agencies access to and the right to examine all records and documents necessary to
determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to
determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness
of services performed.
14.Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by
reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights,
duties, and obligations of each party as of this document’s date. In the event that any term, condition,
provision, requirement, or specification set forth in the body of this Agreement conflicts with or is
inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or
Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior
agreement, promises, negotiations, or representations between the parties not expressly stated in this
document are not binding. All subsequent modifications or amendments shall be in writing and signed by
the parties.
15.Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement,
the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any
nature arising out of this Agreement shall be governed by the laws of the State of California without
regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be
venued either in the San Mateo County Superior Court or in the United States District Court for the
Northern District of California.
16.Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall
be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed
below or transmitted via email to the email address listed below; and (2) sent to the physical address
listed below by either being deposited in the United States mail, postage prepaid, or deposited for
overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number
showing confirmation of receipt.
In the case of County, to:
Name/Title:Cassius Lockett, Director of Public Health, Policy and Planning
Address:225-37th Avenue, Room 178
San Mateo, CA 94403
Telephone:650.573.2532
Facsimile:650.573.2788
Email:clockett@smcgov.org
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In the case of Contractor, to:
Name/Title:President, PetData, Inc.
Address:8585 N Stemmons Fwy, Suite 1100-N
Dallas, TX 75247
Telephone:214.821.3100 x515
Facsimile:214.821.3106
Email:crichey@petdata.com
17.Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this
Agreement to be digitally signed in accordance with California law and County’s Electronic Signature
Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic
signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.
18.Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for
work/services to be performed under this Agreement at Contractor’s own expense prior to
commencement of said work/services. Failure to do so will result in forfeit of any right to compensation
under this Agreement.
***
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6/4/19
Resolution No. 076668
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Exhibit A
In consideration of the payments set forth in Exhibit B and with a focus on increasing licensing and
vaccination compliance throughout the County of San Mateo, Contractor shall provide the following
services:
A. Management of the daily operations for animal licensing including:
1. Data Entry & Processing
a.Process correspondence from pet owners including, but not limited to, issuing
tags.
b.Work in partnership with the County on an approved template to provide timely
billing and renewal notices to pet owners, with at least one billing to both new and
renewals to be printed on an 8.5x11 sheet of paper with a return envelope
enclosed. In addition, at least one of the notices will provide pet owner with the
date in which the late fee became due.
c.Provide data entry of both new and renewal licenses and vaccination information.
d.Implement procedures for verification of information submitted.
e.Ensure complete, unduplicated, and accurate information.
f.Process, collect, and provide receipts for animal licensing fees.
g.Provide licensing and vaccination data for a weekly transfer of data from the
Contractor’s database into County’s proprietary database.
h.Provide customer service including communication with citizens, veterinarians,
and designated County staff.
2. Veterinarians & Other Authorized Registrars
a.Process license sales and vaccination reports from other sources (i.e. the local
animal shelter, veterinary clinics, pet stores, etc.)
b.Assist County staff to ensure reasonable quantities of on-site of basic supplies
(reporting forms, citizen mailing envelopes, etc.) necessary to sell license tags
and/or report information on citizens vaccinating their animals against rabies.
3. Animal License Tags
a.Process and mail county-provided license tags within a maximum of 10
business days, with a turnaround goal of 5 business days, after receipt of
payment and completed information as required by the local ordinance.
b.Issue county-provided replacement tags to pet owners whose license tags have
been lost, stolen, or damaged.
4. Electronic Payments & Banking
a.Provide the ability for pet owners to pay through the Contractor’s Merchant
Service Provider.
b.Provide on-line customer service via the Contractor’s website to allow pet
owners to make license payments or donations.
c. Deposit all receipts collected for licensing into a bank account set up solely for
the purpose of managing County animal licensing funds.
i.Make daily deposits and transmit verification of said deposits to designated
County staff by the tenth of the following month.
ii.Collect and report electronic and charge card payments and transmit
verification of said deposits to designated County staff by the tenth of the
following month.
iii.Send all funds collected and deposited on behalf of the County via a
monthly wire transfer by the tenth of the following month.
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d. Accept license fees from licensees via the following forms of payment at a
minimum: check, money order, debit or ATM Card, or credit cards.
i.Charges to Licensee for on-line payments:
Cost Recovery Processing Fees in the amount of $2.00 per on-line
transaction to be charged to licensee*. Note: Contractor shall use their
own designated Merchant Service Provider to conduct all credit card
transactions and shall retain the Cost Recovery Processing Fees
collected.
* More than one pet can be licensed per on-line transaction and pet owner
will be charged a single fee for the on-line transaction.
5. Communication & Access
a.Provide timely responses to and communication with citizens, County
designees, and Animal Control and Licensing Program representatives
including Animal Control Officers.
b.Provide a customized San Mateo County toll-free number and answering
service.
c.Provide 24/7 access to Contractor’s database by County, Emergency Dispatch,
and any other authorized Division personnel, including login.
d.Communicate to pet owners on the status of their pet’s license status including
annual billing.
6. Reporting
a. Provide monthly report of animals licensed to the County.
b. Provide statistical reports as requested by the County.
c. Provide monthly report of all veterinarians who are delinquent in submitting their
monthly vaccination without license (VWL) reports.
d. Provide monthly lists of delinquent licenses upon requested by County.
e. Provide customized reports as requested by County.
f. Provide public record information as requested by County.
7. Additional Services
a.Work in partnership with County staff:
i.To ensure all licensing information, both complete and incomplete records,
are imported into Contractor’s database on a weekly basis.
ii.To develop a process that will allow/entice veterinarians to sell licenses at
their County location.
B. Contractor agrees that the animal licensing information belongs to the County and will never
sell, transfer, or release personal data to a third party.
C. With the exception of the license tags and/or customized inserts, Contractor agrees to cover
the cost of all animal licensing supplies needed for daily operation.
D. Contractor agrees to comply with California state and local laws governing animal licensing.
E. Contractor will back up all databases twice during the working day.
F. During regular business hours, Contractor will assist with countywide efforts to reunite pets
with their owners during a natural disaster.
County agrees to provide the following to Contractor:
A. Access to County’s animal control database to allow import of data into Contractor’s
database.
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B. Licensing tags and customized inserts to Contractor’s on-site location for disbursement.
C.Any licensing fees collected by County: such fees will be retained by County, and a record of
fees collected along with any supporting documents will be forwarded to the Contractor for
processing no later than the 5th calendar day of the following month.
D. Any licensing fees collected by Contractors of the County: such fees and any supporting
documents will be forwarded to the Contractor for processing with the exception of cash.
Cash will be deposited into County’s bank account directly by County staff.
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Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of
the Agreement, County shall pay Contractor based on the following fee schedule and terms:
A. Fixed Fees:
One-year license: $4.28 per license
Multi-year license: $4.28 for the first year and $2.00 for each additional year
Late fees collected: $2.50 collection service fee for each license
Replacement tags: $4.28 per tag
Service animals (e.g. seeing-eye dogs, hearing dogs, etc.): No fee for any license or tag
issued
Fixed fees shall be payable to Contractor for all licenses processed during the term of this
Agreement, regardless of whether they are processed by Contractor, County personnel, or a
County contractor.
Fixed fees shall not be charged until the license is issued. Data entry of rabies vaccination
certificates and incomplete licenses, which may or may not result in a license, are included at
no extra charge.
An agreed upon method to follow-up with pet owners who did not respond to a prior notice is
included at no additional charge.
B. In any event, the maximum amount the County shall be obligated to pay for services
rendered under this Agreement shall not exceed SIX HUNDRED-THIRTEEN THOUSAND
NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945.00) (Included are bank fees)for
the Agreement term.
C. Payment by County to Contractor shall be monthly and made be made electronically by the
County should the required paperwork be completely by Contractor. Contractor shall bill
County on or before the tenth (10th) working day of each month for the prior month. The
invoice shall include a summary of services and charges for the month of service. In
addition, Contractor shall provide back-up to the invoice. Such back-up shall be in the form
of a monthly report of the animals licensed.
Contractor will provide available bank statements within five business days if requested by
County.
D.Additional Service Fees
Contractor shall invoice County for any bank deposit and supply fees outside the scope of
this Agreement.
County will reimburse Contractor for bank fees upon verification of such, including:
1. Actual bank fees charged to Contractor as a result of Contractor maintaining the
bank account for the purpose of providing services outlined in this contract. This
amount, in and of itself, is included in the total contract amount and will not exceed
SEVEN THOUSAND AND FIFTY DOLLARS ($7,050.00) (included in the contracted
costs) without prior authorization from designated County staff.
2. Non-sufficient fee charge charged to Contractor. Contractor will make every attempt
to collect bank fees from pet owners and will reimburse County upon collection of
said fee.
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Contractor shall invoice County on a monthly basis for the actual cost of the bank account
maintained for the purpose of this contract.
E. At the discretion of the Director of Public Health, Policy & Planning or designee, an annual
conference call may be scheduled between the Contractor and County. Contractor’s time
and/or related expenses are not billable.
F. At the discretion of the Director of Public Health, Policy & Planning or designee, a meeting at
the County’s location may be scheduled between the Contractor and County once during the
term of this contract. Contractor’s travel time to and from the County and/or related
expenses are not billable.
G.If County or Contractor finds that performance is inadequate, at the County’s discretion, a
meeting may be called to discuss the causes for the performance problem, and this
Agreement may be renegotiated, allowed to continue to end of term, or terminated pursuant
to Paragraph 4 of this Agreement. Any unspent monies due to performance failure may
reduce the following year’s agreement, if any.
H.In the event this Agreement is terminated prior to June 30, 2022, Contractor shall be paid for
services already provided pursuant to this Agreement.
I. In the event this Agreement is extended or renewed after June 30, 2022 and the County
does not issue a Request for Proposal, Contractor agrees to continue the fixed fees as
shown below:
One-year license: $4.28 per license
Multi-year license: $4.28 for the first year and $2.00 for each additional year
Late fees collected: $2.50 collection service fee for each license
Replacement tags: $4.28 per tag
Service animals (e.g. seeing-eye dogs, hearing dogs, etc.): No fee for any license or tag
issued
294
Michael P. Callagy
County Manager/
Clerk of the Board
County Government Center
400 County Center, 1st Floor
Redwood City, CA 94063
650-363-4121 T
650-363-1916 F
www.smcgov.org
July 7, 2020
Robert Barron, Finance Director
91 Ashfield Road
Atherton, CA 94027
Re: Notice of Construction Costs for the Animal Care Shelter Facility
Dear Robert,
On or about September 9, 2014, the municipalities within San Mateo County entered into an
agreement (“the Agreement”) to share the construction costs of a new animal care shelter
facility. The agreement provides that the County of San Mateo will advance the funds for
construction to be repaid by the municipalities according to their share, through a 30-year,
interest-free lease agreement.
On March 6, 2020, construction of the new animal shelter building was completed, and
certificate of occupancy was issued. The old shelter building was demolished shortly
thereafter, and final project completion (with exception of photovoltaic installment) is slated
for approximately July 30, 2020. Final project costs are reasonably determinable and
anticipated to be approximately $28,300,000. The municipalities’ final shared responsibility
is anticipated to be $25,700,000 or $856,758 annually. The County will not seek
reimbursement for $2,600,000 in project costs comprised of an upgraded heating ventilation
air conditioning ($600,000), a photovoltaic system ($1,200,000), miscellaneous site
improvements related to landscaping, fencing, and parking ($530,000), and relocation of a
City of Burlingame water line ($270,000).
The final column of Attachment B to this letter sets forth each municipalities’ final annual
lease amount, as calculated in the manner proscribed by the Agreement. Final costs exceed
the June 2018 estimate by approximately 3%. This marginal increase is a result of escalated
regional construction costs and unforeseen circumstances encountered during construction,
including requirements for ongoing air-quality monitoring, soil remediation and treatment,
fire safety system modifications, PG&E delays, and necessary and reasonable end-user
logistical design modifications. The County of San Mateo has worked diligently and
successfully to minimize these additional costs while delivering a high-quality facility that will
stand the test of time.
Attachment 3 - Memorandum of Agreement Regarding Funding For Construction Of An Animal Care Shelter
295
Though we had to cancel the ribbon-cutting for the facility due to the pandemic, we look
forward to holding, at the appropriate time, a reception to celebrate our successful regional
collaboration. In lieu of an in-person tour, we’ve enclosed photographs of the exterior of the
new facility and site. Pursuant to paragraph 3 of the Agreement, annual payments to County
to reimburse for costs of construction shall become due on the initial July 1st after a
certificate of occupancy is issued for the new shelter, and each subsequent July 1st for the
next 29 years thereafter. Please find enclosed the invoice and payment instructions for the
initial lease payment for your municipality.
Should you have any project questions, please contact Director Adam Ely of the Project
Development Unit at 650.722.8112. Should you have any payment questions, please contact
Robert Manchia at 650.363.4597.
Sincerely,
Mike Callagy
San Mateo County, County Manager
Enclosures: Resolution 073369, Final Attachment B, Invoice July 2020
296
ATTACHMENT A
MEMORANDUM OF AGREEMENT
REGARDING FUNDING FOR CONSTRUCTION OF AN ANIMAL CARE SHELTER ON
AIRPORT BOULEVARD IN SAN MATEO, CALIFORNIA, AMONG THE CITIES OF
ATHERTON, BELMONT, BRISBANE, BURLINGAME, COLMA, DALY CITY, EAST
PALO ALTO, FOSTER CITY, HALF MOON BAY, HILLSBOROUGH, MENLO PARK,
MILLBRAE, PACIFICA, PORTOLA VALLEY, REDWOOD CITY, SAN BRUNO, SAN
CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND WOODSIDE AND THE
COUNTY OF SAN MATEO
THIS MEMORANDUM OF AGREEMENT, dated for reference as of September 9, 2014, (the
“Agreement”), is by and among the COUNTY OF SAN MATEO (the “County”), and the cities
of ATHERTON, BELMONT, BRISBANE, BURLINGAME, COLMA, DALY CITY, EAST
PALO ALTO, FOSTER CITY, HALF MOON BAY, HILLSBOROUGH, MENLO PARK,
MILLBRAE, PACIFICA, PORTOLA VALLEY, REDWOOD CITY, SAN BRUNO, SAN
CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND WOODSIDE (each, a “City,” and
collectively, the “Cities,” and, together with the County, the “Parties”).
RECITALS
The County and the Cities are parties to an Agreement for Animal Control Services dated as of
April 26, 2011, pursuant to which the County provides animal control services in the
unincorporated area of the County, as well as in the jurisdictional boundaries of the twenty Cities
within the County, listed above, each of which is a party to the Agreement for Animal Control
Services.
As set forth in the Agreement for Animal Control Services, the Peninsula Humane Society &
SPCA (“PHS”) presently serves as the County Contractor for the provision of certain animal
control services to the County and the Cities. These services and the terms of PHS’ performance
of them are contained in an Animal Control Services Agreement between the County and PHS
dated as of April 26, 2011.
In conjunction with and pursuant to the Animal Control Services Agreement, the County has
leased to the PHS the land at 12 Airport Boulevard, in San Mateo, California, on which an
Animal Care Shelter facility owned and operated by PHS is presently located.
The Parties agree that, owing to the obsolescence of the existing Animal Care Shelter facility, it
is now necessary to construct a new facility and the Parties enter into this Agreement to set forth
297
the allocation of, and process for payment of, the construction cost for the new Animal Care
Shelter facility among the Parties.
NOW, THEREFORE, the Parties agree as follows:
1. Construction Cost Allocation Methodology: The Parties agree that construction costs for the
new Animal Care Shelter facility shall be allocated among the Parties based on the formula set
forth in Exhibit A to this Agreement, which is incorporated herein by reference. This formula
reflects each Party’s actual use of the existing Animal Care Shelter facility in 2009, 2010, and
2011 as a percentage of all Parties’ total use of the facility, as well as each Party’s total
population as of 2010, as a percentage of the County’s total population as of that date. The
formula is weighted 80% to a City’s average facility use over the three years preceding the year
in question and 20% to population. The Parties agree that each year, the County shall
recalculate three year average facility usage for each City and that Exhibit A (and each Party’s
prospective Lease Payment obligations, as described in Section 3 of this Agreement) shall be
amended to reflect such recalculations. The Parties further agree that the County shall, upon
request of a City, promptly provide the requesting City with copies of the data and documents
used to calculate each City’s facilities usage.
2. County Advancing Construction Costs: The Parties agree that the County shall advance, on
an interest free basis, all funds required to pay the construction costs for the new Animal Care
Shelter facility. For purposes of this Agreement, “construction costs” include all expenses for
architectural and inspector services, project management service, environmental review,
planning and building fees and costs, and actual contractor construction services. The Parties
understand and agree that construction costs for the Animal Care Shelter facility are anticipated
at this time to be twenty million two hundred thousand dollars ($20,200,000). The Parties will
be provided with further information regarding the construction costs for the Animal Care
Shelter facility within a reasonable period of time after such information becomes available or
prior to the Certificate of Occupancy being issued. The Parties agree that if the County receives
information indicating that the construction costs for the Animal Care Shelter facility will exceed
$20,200,000 by 10% or more, the County shall provide notice to each City of the revised
estimated construction costs within a reasonable period of time before such additional
construction costs are incurred. The Parties further agree that the County shall, upon request of a
City, promptly confer with such City or Cities regarding the additional construction costs and
any means by which such additional construction costs may be minimized.
3. Parties’ Payment of Proportional Share of Construction Costs: Each Party agrees that, during
the term of this Agreement for as long as the new Animal Care Shelter facility is occupied and
used for animal care shelter purposes, the Party shall pay the County an annual Lease Payment
beginning on the first July 1st after a certificate of occupancy is issued for the new Animal Care
Shelter facility, and on each subsequent July 1st for the next twenty nine years thereafter. Each
Party’s Lease Payment shall be equal to the Party’s proportional share of the construction cost of
the new Animal Care Shelter facility amortized on a straight line basis over thirty years, as set
298
forth in Exhibit A to this Agreement, as Exhibit A may be amended from time to time as
provided in Section 1 of this Agreement. Each Party’s obligation to make a Lease Payment shall
remain in place only for so long as the Party is a signatory to the Agreement for Animal Control
Services, or any successor agreement addressing materially the same subject matter. In the event
that a Party terminates its participation in this Agreement pursuant to Section 4 of this
Agreement, the County shall, upon receiving notice of that Party’s termination, recalculate the
remaining Parties’ Lease Payment obligations pursuant to the Construction Cost Allocation
Methodology set forth in Section 1 of this Agreement. The County shall promptly provide all
remaining Parties with notice of their recalculated Lease Payment obligations. Each remaining
Party shall thereafter have the option to either (a) pay the recalculated increased annual Lease
Payments during the remaining term of the Agreement; or (b) request that the County allow the
remaining Party a period of up to 5 years after the end of the thirty year period set forth in this
Section 3 of the Agreement to pay the County the remaining Party’s additional allocated share of
construction costs for the Animal Care Facility attributable to the departure of the terminating
Party.
4. Term and Termination: Except as set forth above, this Agreement shall be effective for the
period from September 9, 2014 until each Party has made the last payment required under
Section 3 of this Agreement. Except as set forth in Section 3 of the Agreement (i.e., by
terminating participation in the Agreement for Animal Control Services), no Party may terminate
this Agreement during its term. A Party terminating its participation in this Agreement shall do
so effective as of December 31 of a year during the term of this Agreement and shall provide
each other Party to this Agreement with at least one full year’s prior written notice of the Party’s
intent to terminate its participation in the Agreement.
5. Amendments/Entire Agreement: Amendments to this Agreement must be in writing and
approved by the governing body of each Party. This is the entire agreement among the parties
with respect to the construction of the new Animal Care Shelter facility and it supersedes any
prior written or oral agreements with respect to the subject.
6. Hold Harmless: Each City shall hold harmless, indemnify, and defend County, its officers,
employees, and agents from and against any and all claims, suits, or actions of every kind
brought for or on account of injuries to or death of any person or damage to any property of any
kind whatsoever and to whomsoever belonging which arise out of the performance or
nonperformance of City’s covenants and obligations under this Agreement and which result from
the actively negligent or wrongful acts of City or its officers, employees, or agents.
County shall hold harmless, indemnify, and defend each City, its officers, employees, and agents
from and against any and all claims, suits, or actions of every kind brought for or on account of
injuries to or death of any person or damage to any property of any kind whatsoever and to
whomsoever belonging which arise out of the performance or nonperformance of County’s
covenants and obligations under this Agreement and which result from the actively negligent or
wrongful acts of County or its officers, employees, or agents.
299
September 9, 2014
Resolution #073369
300
ATTACHMENT B
Methodology = Based on an 3-yr avg of shelter use (80%} and % of population (20%)
ANIMAL CONTROL COSTS
PROPOSED COST DISTRIBUTION-ESTIMATED LEASE AMOUNTS TO RECOUP CONSTRUCTION COSTS Overall Total Overall Total
$26,600,000 $28,300,000
CITY Shelter Use Shelter Use Shelter Use $20,200,000 $24,800,000 $25,700,000
$856,758
Yr 1 2009 Actual Yr 2 2010 Actual Yr 3 2011 Actual
3 YR AVG of
Sheleter Use POPULATION % of Total
EST ANNUAL LEASE
AMT (Sept. 2014)
EST ANNUAL LEASE
AMT (July 2018)
EST FINAL
ANNUAL LEASE
AMT
(July 2020)
Atherton 1.12%1.00%0.36%0.83%6,914 1.0%$5,749 $7,059 $7,173
Belmont 3.26%3.54%2.65%3.15%25,835 3.6%$21 811 $26,780 $27,212
Brisbane 0.99%0.99%0.71%0.90%4,282 0.6%$5,633 $6,916 $7,028
Burlingame 3.51%3.48%320%3.40%28,806 4.0%$23,696 $29,095 $29,565
Colma 0.61%0.98%0.60%0.73%1,792 2.0%$4,268 $5,241 $5,325
Dalv Citv 8.52%9.57%10.16%9.42%101,123 14.1%$69,679 $85,556 $86,936
East Palo Alto 6.61%6.75%8.44%7.27%28,155 3.9%$44,420 $54,542 $55,422
Foster City 2.82%2.39%1.93%2.38%30,567 4.3%$18,550 $22,776 $23,144
Half Moon Bay 5.21%5.04%2.47%4%11,324 1.6%$24,962 $30,650 $31,144
Hillsborough 1.59%129%1.14%1.34%10,825 1.5%$9,247 $11,354 $11,537
Menlo Park 4.90%4.95%4.50%4.78%32,026 4.5%$31,769 $39,008 $39,637
Millbrae 1.90%1.99%1.98%1.96%21,532 3.0%$14,576 $17,897 $18,186
Pacifica 5.72%6.38%4.78%5.63%37,234 52.0%$37,288 $45,784 $46,523
Portola Valley 0.90%0.76%0.16%0.61%4,353 0.6%$4,084 $5,014 $5,095
Redwood City 12.91%13.24%13.25%13.13%76,815 10.7%$85,143 $104,543 $106,229
San Bruno 5.23%5.19%6.86%5.76%41,114 5.7%$38,734 $47,559 $48,326
San Carlos 3.35%3.45%3.00%3.27%28,406 4.0%$22,921 $28,143 $28,597
San Mateo 15.82%14.67%17.84%16.11%97,207 13.5%$105,000 $128,924 $131,004
S. San Francisco 9.08%9.34%11.99%10.14%63,632 8.9%$66,530 $81,689 $83,007
Woodside 4.41%1.27%1.07%2.25%5,287 0.7%$13,111 $16,098 $16,358
County 1.57%3.73%2.92%2.74%61,222 8.5%$26,235 $32,213 $32,732
HVAC +Solar Costs*n/a n/a n/a n/a n/a n/a n/a $1,800,000 $1,800,000
Burligame Waterline n/a n/a n/a n/a n/a n/a n/a n/a $270,000
Misc. Site Improvements n/a n/a n/a n/a n/a n/a n/a n/a $530,000
Total 100.00%100.00%100.00%100.00%718,451 100.00%$673,405 $826,843 $840,179
* HVAC, Solar, and Miscellaneous site improvement costs of $2.6 million removed from cities portion of costs and paid for by County of San Mateo. Overall total project cost is $28.3 million.
Resolution #073369
Calendar Year
301
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1084 Agenda Date:1/10/2024
Version:1 Item #:10a.
Ordinance repealing and replacing Chapter 9.04 Animal Licensing and Control of the South San Francisco
Municipal Code.
WHEREAS, the County of San Mateo’s animal control ordinance was originally adopted in 1951, updated
several times, and most recently updated in 2006; and
WHEREAS, pursuant to the animal control services agreement between the cities and County, the City of South
San Francisco City Council is required to adopt animal control ordinances that are the same or substantially the
same as the County’s ordinance; and
WHEREAS, the County of San Mateo (County) Board of Supervisors approved its animal control ordinance,
included as Attachment 1 to the staff report, at its meeting on December 12, 2023; and
WHEREAS, in compliance with the animal control services agreement between the cities and County, the City
of South San Francisco City Council now wishes to repeal and replace Chapter 9.04 of the South San Francisco
Municipal Code and adopt the below ordinance to match the County of San Mateo’s animal control ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Repeal and Replacement
The City Council finds that the foregoing recitals are true and correct and are incorporated into
the Ordinance by this reference.
SECTION 2.Adoption of Chapter 9.04 replacement
The City Council hereby repeals and replaces Chapter 9.04 (“ANIMAL LICENSING AND
CONTROL”) of the South San Francisco Municipal Code to read as follows:
9.04.010 - Definitions
The following words and phrases, when used in this Chapter shall have the meaning set forth below:
"Animal Control Officer" - any person designated as the Animal Control Program Manager for the
County, as well as the head of the County’s animal control contractor and their duly authorized officers or
deputies. In the event the County has no animal control contractor to provide animal control officers, or in
cases of emergency in which additional animal control officers are needed, “animal control officer(s)” may
include persons so designated by the Animal Control Manager.
"Animal Control Program" - that program established by the County and participating cities, and the
Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and
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enforcing laws dealing with animal control within the participating jurisdictions. Animal Control Program
includes the Licensing Program.
"Animal Control Program Manager" - that person employed by the County to oversee the Animal
Control Program or designee.
"Animal Control Shelter" - A San Mateo County facility operated by the County, or by another public
entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit
business contracted with the County for the purpose of impounding, sheltering, adopting, or euthanizing seized,
stray, distressed, homeless, abandoned, or unwanted animals.
“Caretaker” - any person 18 years of age, or older, who has assumed responsibility for the care,
custody, or control of an animal(s).
"Dangerous Animal" - any animal, except a trained animal assisting a peace officer engaged in law
enforcement duties, that constitutes a danger to persons or animals, and/or demonstrates any of the following
behavior(s):
(a)behavior that results in bodily harm that is less serious than a “Severe Injury”, or constitutes a
substantial threat of bodily harm to a person; or
(b)an attack on another animal which results in an injury that is sufficient to require veterinary care
even if not received.
An animal which has been declared by an out of county jurisdiction as "potentially dangerous," "dangerous,"
"vicious," or any other similar designation, may be deemed a Dangerous or Vicious animal for the purposes of
this Chapter, as determined by an Animal Control Officer.
“Health Officer” - that person so designated by the County of San Mateo.
“Humane Officer” - any person who is qualified and appointed pursuant to California Corporations
Code Section 14502, and who is an employee of the County and designated as such by the County or an
employee of a society for prevention of cruelty to animals or humane society that has contracted with the
County to provide animal control services.
"Licensing Program” - that program within San Mateo County Health, including but not limited to any
County contractor, specifically charged with regulating, and selling animal licenses in the County of San
Mateo.
"Owner" - any person 18 years of age or older who:
(a)holds the license to the animal; or
(b)if the animal is not licensed, is legally entitled to possession of the animal;
or
(c)has exercised primary responsibility for the care of the animal for thirty (30) or more
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consecutive calendar days.
“Person” - means any individual, partnership, corporation, organization, trade or professional
association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and
any officer, member, shareholder, director, employee, agent, or representative thereof.
“Severe injury" - Any physical injury to a human caused by an animal attack that involves tooth
derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or
requires corrective surgery.
“Service Animal” - any animal defined as such by federal or state law.
"Vicious Animal" - any animal, except a trained animal assisting a peace officer engaged in law
enforcement duties, which meets any or all of the following criteria:
(a)Any animal that, at the time of the attack, is already designated as a Dangerous Animal and/or is
the subject of a Dangerous Animal Permit, and which is found to have engaged in any of the
following:
(1)behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to
a person; or
(2)an attack on another animal which results in an injury that is sufficient to require
veterinary care, whether or not received.
(b)Any animal that inflicts Severe Injury to or kills a person.
(c)Any animal which cannot be safely maintained with a Dangerous Animal permit.
(d) Any animal designated by another governmental jurisdiction as, “dangerous”, "vicious", or any
other similar designation, if that prior designation is based on behavior which would meet the
definition of Vicious under this Chapter, as determined by an Animal Control Officer.
9.04.020 - Animal Control Program.
(a)The Animal Control Program is responsible for the enforcement of this Chapter.
The duties of the Animal Control Program shall include, but not be limited to, the following:
(1)Provide animal control, sheltering services, and a rabies control program to carry out and
enforce all provisions of this Chapter and California Health & Safety Code section
121690, and keep such records as may be required by law or contract.
(2)Enforce the provisions of this Chapter and all applicable state and local laws relating to
the care, treatment and impounding of animals, and specifically to issue citations and to
make arrests for violations of the provisions of this Chapter and related state laws, to the
extent authorized by law.
(3)Impound animals found to be in violation of this Chapter in the interest of protecting
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public health and safety.
(4)Investigate animals pursuant to this Chapter or applicable state law and, if deemed
appropriate, designate any such animals as Dangerous or Vicious pursuant to this
Chapter.
(5)Impound animals which are in imminent or ongoing danger or which are in need of
safekeeping in order to protect the health and safety of the animal.
(6)Impound animals that are causing a threat to public safety.
(7)Where authorized under the law, to enter upon any premises upon which any animal is
kept in order to seize or impound of any animal if reasonable cause exists to believe that
such animal is being kept or has behaved in violation of the provisions of this Chapter.
(8)To remove and dispose of the carcass of any animal(s) found on any public right of way,
except freeways or other areas maintained by Caltrans.
(9)Quarantine animals under the direction of the County Health Officer to ensure the public
health and safety.
(10)Euthanize and/or dispose of animal(s) humanely and in accordance with the law.
(11)Place for adoption, when appropriate, properly impounded animals if such animals are
not redeemed after due notice to known Owners in accordance with the law.
(12)Provide and hold vaccination clinics in strategic locations throughout the County
pursuant to Health and Safety Code 121690.
(13)Provide or make available at low cost, spay/neuter surgeries to dogs, cats and rabbits.
(14)Provide for issuance of an animal license for a period not to exceed the term of the anti-
rabies vaccination, as provided by state law.
(15)To collect any fees or charges provided for in this Chapter for the licensing, impounding
and/or keeping of any animal, or for the enforcement of this Chapter.
(b)Animal Control Officers qualified under Penal Code section 830.9, who are either employees of
the County designated as such by the County, or employee(s) of and designated as such by a
society for prevention of cruelty to animals or humane society which has contracted with the
County to provide animal control services, shall have the authority to issue citations and/or
notices to appear in court, and obtain and execute search warrants to the maximum extent
allowed by law, for violations of state and local animal control laws. Animal Control Officers
shall have the authority provided by state law including but not limited to that described by
Penal Code section 830.9. Animal Control Officers must complete Penal Code section 832
training.
(c)Those employees of a society for prevention of cruelty to animals or humane society under
contract with the County to provide animal control services, who have been appointed and
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qualify as humane officers under California Corporations Code section 14502, or its successor
statute, shall have the authority to issue citations and/or notices to appear in court, and obtain
and execute search warrants, to the maximum extent allowed by law, for violations of state and
local animal control laws.
(d)The County may contract for animal control services to be performed countywide, including
within cities, provided agreement is made with the participating jurisdictions.
9.04.030 - Rabies Vaccinations.
(a)Every dog or cat Owner shall ensure their animal is vaccinated for rabies by a licensed
veterinarian in the manner prescribed or approved by state law and the State of California
Department of Public Health, after the dog or cat attains the age of three (3) months of age
and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall
be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be
provided by the Owner or Veterinarian to the Licensing Program or the County’s animal control
contractor.
(b)Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog,
or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian
shall submit to the licensing authority a copy of the County-approved rabies vaccination form,
within ten (10) calendar days of the beginning of each month, for any dog, or cat which they
vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal
Control Officer or Animal Licensing staff shall have the right to inspect records of rabies
vaccinations during normal business hours.
(c)Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet
from receiving a one or three-year vaccination, for medical reasons, the County Health Officer
and/or designee shall review the basis for the request for exemption and approve or/deny said
request.
9.04.040 - Dog and Cat Licenses.
(a)Licensing requirements for dogs and cats shall be as follows:
(1)An annual license shall be obtained and an annual license fee shall be paid by the Owner
for every dog or cat over the age of three (3) months owned or kept in unincorporated
San Mateo County, and all cities within the County which adopt this Chapter. Said
annual license fee shall be first due when the animal reaches three (3) months of age or
within sixty (60) calendar days after the dog or cat is acquired, and due on the expiration
date of the rabies vaccination and each year thereafter.
(2)New residents shall have sixty (60) calendar days in which to acquire such license.
(3)Persons renewing their license shall have thirty (30) calendar days following their due
date before being found delinquent and assessed a late penalty.
(4)The fee for such license shall be as set forth in section 9.04.350 of this Chapter. The fee
paid for the licensing of altered dogs and cats shall be less than said license fee for
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unaltered cats or dogs upon presentation of the proper certification. The license fee paid
by persons over the age of 60 shall be at a discount.
(5)An Owner may obtain a three-year license for a cat or dog by submitting to the Licensing
Program adequate proof of a three-year rabies vaccination of the animal to be licensed
and payment of the applicable fees, as set forth in section 9.04.350 of this code.
(6)Any person who fails to pay such license fee after said fee is due or said dog or cat is
required to be licensed, in addition to paying any past due license fee(s), may also be
required to pay a late fee in accordance with Section 9.04.350 of this Chapter or may
receive an administrative citation.
(7)A license shall be obtained, but no license fee shall be payable, by the Owner of any dog
being raised, trained or used as a service animal, or for dogs that have served as a
member of the armed forces of the United States of America, or any dog used by a local
law enforcement agency for the purposes of law enforcement.
(8)Animals with microchip implants or other permanent identification acceptable to the
Animal Control Program are not exempt from the mandatory licensing requirements.
(b)The licensing provisions in this Chapter are not applicable to the following:
(1)Dogs or cats used for diagnostic purposes or research, the use having been approved by
the California State Department of Health Services pursuant to section 1666 of the
Health and Safety Code.
(2)Dogs or cats used for teaching purposes in recognized educational institutions.
(3)Dogs or cats owned by veterinarians licensed by the State and kept on the premises used
by said veterinarians in their practice.
(c) Tags for dogs and cats shall be issued as follows:
(1)The Licensing Program shall procure and, when licensing fee is paid, issue a lifetime tag
which shall bear the number of the license. A record shall be kept with the name of the
Owner together with a description of the dog or cat for which the license is issued and
the number of the license, and a tag shall be provided to such person upon payment for
such license as provided by this Chapter.
(2)Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate
tag upon payment of the required fee.
(3)The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar
shall remain on the dog or cat at all times.
(4)When an animal has been designated as a service animal, the Owner may obtain a
lifetime service tag and shall be required to follow the requirements in Section 9.04.030
(a). Said tag will replace a regular dog license.
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(5)The owner or operator of any kennel, animal breeding facility, pet shop, or any place or
establishment where animals are sold, adopted, or given away shall keep a permanent
record of the name, address, and phone number of the purchaser of any dog or cat, along
with the breed, color, sex, and age of each animal sold, adopted, or given away and shall
forward such information to the Animal Control Services within thirty (30) calendar days
thereafter. An Animal Control Officer, County representative or employee of the
County’s animal control contractor shall have the right to inspect such records during
normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.
9.04.050 - Public Protection from Dogs.
(a)No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or
harass any person unless necessary to protect the physical safety of a person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another
animal while such animal is lawfully upon public or private property. The failure of the owner
of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor
in any attack.
(c)No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a
person unless such action is necessary to protect the physical safety of a person.
(d) No Owner or possessor of a dog that resides in another county and is found to have violated this
section shall thereafter allow such dog to be brought into San Mateo County unless the dog is
fully enclosed in a vehicle and passing through to another location without stopping at any
public or private premises within the County.
9.04.060 - Prohibited Conduct.
No Owner or other person having care, custody or control of any animal shall cause or permit it to do
any of following:
(a)To be upon any public street, sidewalk, park, school ground, any public property, or upon any
unenclosed premises in this jurisdiction unless:
1)the animal is properly licensed, if such licensing is necessary hereunder, and
2)the animal is controlled by a chain, lead rope, or leash, which is connected to the
animal’s collar, saddle, harness, or halter. This requirement is not applicable to cats, or
to service animals under the complete control of the Owner or caretaker.
An electric or invisible fence does not constitute an enclosure for the purposes of this
requirement.
(b)To trespass upon any private property without the consent of the owner thereof, and to
knowingly permit the animal to remain upon the property, or to habitually continue to trespass
thereon.
(c)To suffer or permit such animal to habitually bark or meow or otherwise
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act to disturb the peace of any citizen or to be a public nuisance.
(d)To be without proper and adequate food, water, shelter, care, and attention.
(e)No person shall possess within San Mateo County any animal designated by another jurisdiction
as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the
animal’s potential danger to humans and/or animals, without previously notifying Animal
Control and receiving express written permission from the Animal Control Manager for the
animal’s presence or residence in San Mateo County. A failure to receive prior permission is in
itself a sufficient basis for an Animal Control Officer or peace officer to seize and impound such
animal.
9.04.070 - Protection of Animals in Motor Vehicles.
(a)No person shall leave or confine an animal in any unattended motor vehicle under conditions
that endanger the health or well-being of said animal due to heat, cold, lack of adequate
ventilation, or lack of water, or other circumstances that could reasonably be expected to cause
suffering, disability, or death of said animal.
(b)An Animal Control Officer, Humane Officer or peace officer may remove an animal from a
motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat,
cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be
expected to cause suffering, disability, or death to the animal. An Animal Control Officer,
Humane Officer or peace officer is authorized to take all steps that are necessary for the removal
of such animal from the motor vehicle, including, but not limited to, breaking into the motor
vehicle, after a reasonable effort has been made to locate the Owner or other person responsible.
(c)If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if
deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place
of safekeeping.
(d)An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall,
in a conspicuous location on or within the motor vehicle, leave written notice bearing their name
and office, and the address of the location where the animal can be claimed. The animal may be
released to the Owner only after payment of all fees that have accrued for the maintenance, care,
medical treatment, or impoundment of the animal.
(e)Nothing in this section shall preclude prosecution under both this section and California Penal
Code Section 597 or any other provision of state or local law.
9.04.080 - Release from Confinement.
No person other than the Owner, or person authorized by the Owner, of the animal shall release any
animal from any confinement, vehicle or restraint unless such release is necessary for the immediate health and
safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace
officers.
9.04.090 - Declaration of Dangerous Animal.
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(a)No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal designated
as Dangerous under this Chapter without obtaining a Dangerous Animal Permit from the Animal
Control Officer. The animal Owner shall comply with all conditions of the Dangerous Animal
Permit including, but not limited to, all requirements of section 9.04.100 of this Chapter. Any
animal which is determined to be Dangerous under this Chapter and for which a permit has not
been obtained shall be surrendered to an Animal Control Officer, Peace Officer or a County
animal control contractor agency for appropriate disposition, which may include humane
euthanasia.
(b) In determining whether or not an animal shall be designated as Dangerous, the Animal Control
Officer, peace officer, or hearing officer may consider any relevant facts and circumstances,
including but not limited to:
(1)the alleged attacking animal’s prior history.
(2)the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or
compliance with any prior Dangerous Animal Permits held by the alleged attacking
animal’s Owner(s).
(3) whether any of the animals involved were previously deemed by a governmental
jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar
designation.
(c)In determining whether or not an animal shall be designated as Dangerous, the Animal Control
Officer or peace officer, or hearing officer, may consider the following mitigating factors:
(1)Whether at the time of the injury, attack or molestation, the person or animal suffering
the injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the animal, thereby causing or
contributing to the alleged behavior;
(ii) committed a willful trespass or other tort upon the private property of the Owner or
caretaker of the animal in the presence of the animal;
(iii) threatened or committed an unjustified attack or assault against the Owner,
caretaker or other person in control of the animal in the presence of the animal.
(2)Any other mitigating factor relevant to whether the animal poses a threat to public health
or safety. The failure of the Owner or person in control of a victim animal to have the
victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(d) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent
designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support
the designation.
(e) In the event that an Animal Control Officer or peace officer determines it necessary to protect
the health or safety of the public or of any animal, they may immediately impound any animal
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according to the procedures set forth in this Chapter.
(f)If an Animal Control Officer or peace officer has investigated and determined that an animal is
Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such
determination to the Owner of the animal pursuant to section 9.04.260.
(g)Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner
may request a hearing, which hearing shall be conducted according to the procedures set forth in
section 9.04.150 of this Chapter. The Owner shall submit a written request for a Dangerous
Animal hearing to the Animal Control Officer within seven (7) calendar days of the written
notification by the Animal Control Officer and/or peace officer that the animal has been declared
dangerous.
(1)Should the animal Owner not submit a request for an administrative hearing within the
required timeframe, the administrative hearing process shall be deemed waived, the
Dangerous Animal designation will be final, and the animal Owner shall obtain a
Dangerous Animal permit within seven (7) calendar days of the written notification that
the animal has been declared Dangerous.
(2) If the animal Owner requested a hearing and the hearing officer confirms the
determination that the animal is Dangerous, the Owner must obtain the Dangerous
Animal permit and meet the conditions required by such permit, within seven (7)
calendar days of notice of such decision, unless the time is extended by an Animal
Control Officer.
(3)If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous
Animal Permit within the required time-frame, the animal will be deemed abandoned,
and will be subject to disposition as deemed appropriate, including potential euthanasia
by the County’s animal control contractor, at the discretion of the Animal Control
Officer, peace officer or City or County representative. If not already impounded, the
animal will be promptly impounded. The Owner of the animal shall be responsible for
all costs of impoundment of the animal incurred prior to such abandonment.
(h) If, after investigation by an Animal Control Officer or peace officer, that officer determines that
the animal is not Dangerous, the victim or Owner of a victim animal may appeal that
determination, within seven (7) calendar days of notice of the decision given pursuant to section
9.04.260, by submitting to the Animal Control Officer or peace officer a written request for a
hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a
written report documenting its reasons for determining the animal not Dangerous, and shall
include evidence it has considered for and against the designation in its report. The hearing
shall be conducted according to the procedures set forth in section 9.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be transferred to a new place
of residence or to a new Owner or Caretaker without prior written approval of the Animal
Control Program Manager. Prior to the relocation, a written request for the relocation must be
delivered to the Animal Control Program Manager and the County’s animal control contractor, if
any, at least 30 calendar days prior to the relocation.
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(j) If an Animal Control Officer declares an animal as Dangerous which has already been declared
Potentially Dangerous or Dangerous by another jurisdiction located outside of the County of San
Mateo, the Owner of such animal must obtain and comply with a Dangerous Animal Permit at
least seven (7) calendar days prior to moving the animal into the County. The animal shall not
reside in the County of San Mateo until the Dangerous Animal Permit has been issued by the
Animal Control Program and the Owner meets the conditions of said permit.
(k)A permit issued under this section is subject to renewal annually. An annual inspection of the
location where the animal resides will be performed by an Animal Control Officer. Inspections
may occur at any reasonable hour and will occur at least annually. The fee for such permit and
inspection shall be as set forth in section 9.04.350 of this Chapter. Fees shall not be refundable.
If the registered Owner fails to pay the permit fee and/or comply with the requirements of the
permit, within ten (10) calendar days of the annual inspection date, the permit may be revoked
and the animal may be impounded for appropriate disposition, as determined by an Animal
Control Officer, peace officer, County contracted agency or City designee, including humane
euthanasia.
(l)A Dangerous Animal designation is a designation that remains with that animal for its lifetime,
unless terminated as provided by this subsection. A Dangerous Animal designation may be
terminated if all of the following criteria have been met, as determined by an Animal Control
Officer or peace officer and the Animal Control Manager and/ or City designee:
(1) The Owner has complied with all Dangerous Animal Permit requirements for a period of
three (3) years and the animal has not been found to have committed any violations of
the requirements of the permit, or of this Chapter or any other applicable animal control
laws, for the duration of that period.
(2) The animal has remained current on all rabies or similar required vaccinations and has
remained current on its licensing and paid all fees for the duration of the (3) three-year
period.
If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the
animal Owner may request an administrative hearing to be held according to the procedures set forth in
section 9.04.150 of this Chapter.
9.04.100 - Dangerous Animal Permit Requirements.
(a)Any Owner of a Dangerous Animal shall ensure compliance with the following rules and
regulations which shall be mandatory requirements for any Dangerous Animal Permit:
(1) When the animal is off the property of its Owner, ensure that the animal is not kept upon
any unenclosed premise unless said animal is leashed and muzzled with a cage or basket
muzzle, or other muzzle approved by the Animal Control Officer. The leash shall not
exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and
shall be under the direct control and supervision of the Owner or a person of such age,
size and strength as can easily control such animal. Extraordinary care shall be taken by
the Owner and/or caretaker to ensure that such restraint is sufficient to control the animal
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in a manner which it will not endanger other persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises even if tethered, tied or
staked.
(3) Ensure said animal is kept in a fenced yard, kennel, run or other enclosure, sufficient to
prevent the escape of the animal or entry of young children, as approved by the Animal
Control Officer or peace officer. An electric or invisible fence is not an acceptable means
of enclosure for the purpose of this requirement.
(4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter
person, or other person who has the lawful right to enter the property
(5)Ensure that all structures used to confine the animals are locked with a key or
combination lock when such animals are within the fenced yard, kennel, run or
enclosure.
(6)Regularly inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to
maintain the animal and keep young children out.
(7)Allow inspections by any Animal Control Officer or peace officer at any reasonable hour
of the premises or premises upon which the animal is maintained.
(8) Pay permit and property inspection fees as set forth in section 9.04.350 of this Chapter
within (10) ten calendar days of the permit issuance or renewal.
(9)Obtain and post approved sign(s) from the Animal Control Program after payment of a
non-refundable fee as set forth in Section 9.04.350 of this Chapter. Sign(s) shall be
conspicuously posted in a manner visible to the public at all entrances to the property
where the animal is kept, warning persons of the presence of a Dangerous Animal as
directed by the Animal Control Officer or peace officer. Such sign(s) must be
surrendered in the event of the revocation of the permit, death of animal, or approved
relocation of the animal.
(10)Advise all members who reside in the same household and on the same premises of the
conditions established by the permit for keeping or maintaining said Dangerous Animal.
(11)Ensure said animal wears at all times a separate Dangerous Animal tag issued by the
Animal Control Program in addition to complying with license requirements as defined
in Section 9.04.040 of this Chapter.
(12)Ensure said animal be microchipped and inform the Animal Control Officer with the
microchip number within thirty (30) calendar days from the date the Dangerous Animal
Permit was issued.
(13)Within forty -five (45) calendar days from the date the Dangerous Animal Permit was
issued, unless this period is extended by the Animal Control Manager or city
representative at their sole discretion, said animal shall be spayed or neutered by a
California licensed veterinarian, at Owner expense, and within those forty-five (45) days,
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the Owner shall also present written proof to the Animal Control Officer that the surgery
was performed. In the event an animal cannot be safely altered, due to a medical reason,
the Owner shall present the Animal Control Program Manager and Animal Control
Officer with a written request from a California licensed Veterinarian stating the medical
reason(s) that the animal should not be altered. The County Health Officer or designee
will approve or deny the request. If said request is denied, the animal shall be altered by
a California licensed Veterinarian within fifteen (15) calendar days from the date of
notification that the request was not approved, and within those fifteen (15) calendar
days provide such written proof to the Animal Control Officer that the surgery was
performed.
(14)Notify an Animal Control Officer and the Animal Control Program Manager of the
animal's death within twenty-four (24) hours and produce the animal's body for
verification upon request.
(15)Notify an Animal Control Officer and the Animal Control Program Manager
immediately in the event the animal becomes lost, stolen, or escapes from its fenced
yard, kennel run, or enclosure.
(16) Pay all reoccurring of additional fees within ten (10) calendar days of service of the
invoice or annual permit. Non- payment of fee may result in the permit being revoked,
unless a payment plan has been approved by the County or City.
(17)Comply with all other permit conditions or requirements imposed by an Animal Control
Officer, peace officer or hearing officer pursuant to this Chapter.
(18)Comply with all local and state laws regarding the care, use, control and maintenance of
animals.
(b)Any Owner of a Dangerous Animal shall ensure compliance with the following additional
requirements, if directed to do so by an Animal Control Officer, peace officer and/or hearing
officer:
(1)Prove financial responsibility by posting a bond or certificate of insurance for an amount
of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days
from the date of the Dangerous designation. Bond or certificate of insurance will be
provided to the Animal Control Program Manager annually prior to expiration of said
bond or certificate.
(2)Provide private behavioral and obedience training to the animal, at the Owner’s expense
and within the time set forth by the hearing officer or an Animal Control Officer
following the issuance of a Dangerous Animal Permit. Proof of participation, a report of
behavioral assessment, and/or a certificate of satisfactory completion from an animal
behaviorist or organization approved by an Animal Control Officer shall be provided to
the Animal Control Officer and Program Manager of Animal Control within seven (7)
calendar days following the completion of the mandatory training, but not more than
ninety (90) calendar days from the date of the Dangerous designation.
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(3) Comply with any other permit requirements determined to be reasonably necessary to
protect the public’s health or safety and/or the health or safety of other animals.
(c)No more than two Dangerous Animals may be kept by any person(s) at any one household,
residence, business or other location, without prior written approval of the designee of the
appropriate jurisdiction.
9.04.110 - Revocation or Modification of Dangerous Animal Permit.
(a)Any Dangerous Animal permit issued pursuant to this Chapter may be revoked or modified by
the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace
officer has reasonable cause to believe any of the following to be true:
(1)The dangerous animal Owner or any person to whom the Owner has given care, custody
or control of the animal has violated any local or state relating to the keeping, care or use
of any animals.
(2)The Owner or any person to whom the Owner has given care, custody or control of the
animal has violated any dangerous animal permit conditions, or any requirement imposed
by the Animal Control Officer, peace officer or hearing officer.
(3)The Owner or any person to whom the Owner has given care, custody or control changed
the location of his/her residence or his/her place of business or sells, assigns, transfers,
donates, leases, or otherwise disposes of the animal for which the permit was issued
without first notifying an Animal Control Officer as outlined in Section 9.04.090
(4) The Owner or any person to whom the Owner has given care, custody or control of the
animal has changed the residence or premises where the animal is maintained without
first complying with the guidelines set forth in Section 9.04.090
(5) The Owner or any person to whom the Owner has given care, custody or control of the
animal is unable or unwilling to comply with the conditions of the dangerous animal
permit.
(b)In the event that it is reasonably necessary to protect the public or an animal’s health and safety,
the, Animal Control Officer, peace officer may impound or cause to be impounded the animal
while an investigation is taking place.
(c)If, after investigation, the Animal Control Officer or peace officer concludes that there is
probable cause to believe that one or more of the above conditions for revocation or
modification of the permit has occurred, the officer shall deliver written notice of revocation or
modification to the Owner. Said notice shall specify the grounds of revocation or modification of
the permit. Should the Owner of the animal wish to contest the revocation or modification of the
permit, the Owner may request an administrative hearing to be held before a hearing officer, as
designated by the Animal Control Program Manager, within seven (7) calendar days of receiving
the notice of revocation. Said administrative hearing date shall be not less than seven (7)
calendar days or no more than (20) twenty calendar days after the date the request for hearing is
received by the Animal Control Manager. The administrative hearing shall be conducted as set
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forth in section 9.04.150 of this chapter. The hearing officer conducting the hearing may either
modify the terms of the permit or revoke the permit.
Any party to the hearing has the right to appeal the administrative hearing decision to the County
of San Mateo Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant
to California Civil Procedure, Section 1094.5 and 1094.6.
(d)Upon written notice by the Animal Control Officer, peace officer, or hearing officer if a hearing
was held, of any modifications to a dangerous animal permit, the Owner shall immediately
comply with such modified permit requirements.
(e)Upon written notice from an Animal Control Officer, peace officer or hearing officer of the
revocation of a Dangerous Animal permit, the Owner of such animal shall within two (2)
calendar days of such notification surrender said animal to an Animal Control Officer. The
Dangerous Animal shall be impounded and humanely euthanized, unless the County designee or
City designee has approved a different disposition. At the sole discretion of the appropriate
City or County representative, such animal may be permanently removed from the County of
San Mateo to another jurisdiction with written approval from that jurisdiction.
9.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.
No Person who has been determined to be in possession or Ownership of a Dangerous Animal for which
a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of
three years following such determination or revocation.
9.04.130 - Declaration of Vicious Animals.
(a)No person shall keep, have, maintain, sell, trade or let for hire an animal which has been
designated as Vicious under the provisions of this Chapter.
(b)If an Animal Control Officer and/or peace officer has investigated and determined that an animal
is Vicious, the Animal Control Officer or peace officer shall deliver written notice of such
determination to the Owner of the animal. Service of notice shall be made in accordance with
section 9.40.260 subdivision (a) of this Chapter. An Animal Control Officer and/or Peace
Officer shall immediately impound the animal, or cause to be impounded, the animal according
to the procedures set forth in Section 9.04.160 of this Chapter. The animal shall be deemed
abandoned, and shall be humanely euthanized unless the County designee or City designee has
approved a different disposition or unless the Owner timely requests an administrative hearing.
(c)In determining whether an animal shall be designated Vicious, in addition to any other facts and
circumstances of the incident(s), the applicable decision-maker may consider the following
potentially mitigating factors.
(1)whether at the time of the injury, attack or molestation, the person or animal suffering the
injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the animal, thereby causing or
contributing to the alleged behavior.
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(ii) committed a willful trespass or other tort upon the private property of the Owner
or caretaker of the animal; and/or
(iii) threatened or committed an unjustified attack or assault against the Owner,
caretaker or other person in control of the charged animal.
(2) The failure of the Owner or other person in control of a victim animal to have the animal
on a leash shall not, in itself, constitute a mitigating factor in any attack.
(3) whether the Owner is able and willing to comply with the conditions of a Dangerous
Animal permit, and whether the animal can safely be safely maintained on a Dangerous
Animal permit considering the nature of the attack and cooperativeness and abilities of
the Owner.
(d) The decision-maker may also consider, among any other relevant facts and circumstances, the
following factors:
(1)whether any of the animals involved were previously deemed by any governmental
jurisdiction as, "dangerous," "vicious," or any other similar designation, and/or the
animal Owner’s prior compliance or lack thereof with any applicable dangerous animal
permit requirements or this Chapter;
(2)the attacking animal’s history of attacks, bites or threatening behavior;
(3) whether the animal demonstrated such aggressive behavior that it is reasonable to
conclude that the animal cannot be safely maintained with a Dangerous Animal permit;
and
(4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous
Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may
request an administrative hearing, to be conducted according to the procedures set forth in
section 9.04.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal
hearing to the Animal Control Officer within five (5) calendar days of the written notification by
the Animal Control Officer and/or peace officer that the animal has been declared Vicious.
(f) Should the Owner not submit a request for an administrative hearing within the required
timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal
designation will be considered final for purposes of exhaustion of administrative remedies, and
the animal will be subject to disposition by the Animal Control Officer or peace officer or City
or County designee. The Owner shall lose all rights of Ownership and control of the animal, and
the animal will be subject to humane euthanasia, unless another disposition is deemed
appropriate by a City and/or County designee, without further notice to the Owner.
(g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent
designation of an animal as Vicious as long as sufficient evidence exist to support the
designation.
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(h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal
is not Vicious, the Officer will prepare a written decision upon request by any victim suffering
physical injury or Owner of a victim animal, either of whom may appeal that determination.
Any victim suffering physical injury as a result of the attack, or Owner of a victim animal may
appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar
days of the service of the decision pursuant to section 9.04.260, a written request to the Animal
Control Officer for an administrative hearing and paying the required fee as set forth in Section
9.04.350 of this Chapter. The administrative hearing shall be conducted according to the
procedures set forth in section 9.04.150 of this Chapter.
9.04.140 - Providing False Information.
It shall be unlawful for a person to willfully and knowingly provide false or misleading information to
Animal Control Program staff, including but not limited to an Animal Control Officer, Peace Officer, Animal
Control Program Manager, and/or Hearing Officer regarding animal Ownership, licensing, rabies vaccination,
medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.
9.04.150 - Administrative Hearing Procedures.
(a)Administrative hearings held under this Chapter shall be conducted by a hearing officer or
designated representative appointed by the Director or designee of the San Mateo County Health
System. Any city contracting with the County for animal control services may elect to utilize the
services of any San Mateo County designated hearing officer to conduct hearings on behalf of
the city pursuant to that city's animal control ordinances. The hearings shall be scheduled no less
than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the
request for the hearing unless the hearing officer finds good cause for continuance.
(b) The Animal Control Officer or peace officer conducting the investigation shall provide their
investigation report and any evidence gathered by the officer to the Animal Control Manager or
designee no less than 72 hours prior to said administrative hearing. The Animal Control
Manager or designee will promptly provide the report to the parties to the case, including the
Owner of the subject dog, and the Owner of the victim dog.
(c)The administrative hearing shall be conducted in an informal manner consistent with due
process of law. Any party may be represented by counsel. The parties may present relevant
evidence including witnesses. The strict rules of evidence shall not be applicable. Any relevant
evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of
evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs.
The hearing officer shall decide the matter based on preponderance of the evidence presented at
the hearing. The administrative hearing shall be recorded, and all documentary evidence
submitted at the administrative hearing shall be preserved by the Animal Control Manager for a
period of no less than two years. Any party may arrange for a court reporter to be present. Any
party desiring the presence of a court reporter shall make all necessary arrangements and shall
be responsible for payment of all costs.
(d)The hearing officer may exclude disorderly or disruptive persons from the hearing or make other
orders as necessary to ensure the fair and orderly conduct of the administrative hearing.
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(e)The hearing officer may decide all issues for or against the Owner(s) of the involved animal(s)
even if the Owner(s) fail to appear at the hearing.
(f)Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a
written decision, which shall be final for the purposes of exhaustion of administrative remedies
upon the date of mailing. The Animal Control Manager or designee shall mail the written
decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing
officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the
alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the
investigating Animal Control Officer or peace officer.
(g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous
Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter
in order to maintain the animal and the Owner must comply with all mandatory Dangerous
Animal permit rules and regulations as defined in section 9.04.120 of this Chapter. A hearing
officer may impose additional permit requirements as set forth in this Chapter.
(h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of Ownership
and control of the animal, and the animal will be subject to humane euthanasia, unless another
disposition is deemed appropriate by a City and/or County designee, without further notice to
the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of
seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed
euthanasia.
(i)Unless the hearing officer for good cause otherwise determines, the party requesting the
administrative hearing is liable for all costs related to such hearing. A determination by the
hearing officer that the animal is not dangerous or vicious shall constitute good cause.
(j) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a
Petition for Writ of Administrative Mandate pursuant to California Civil Procedure, Section
1094.5 and 1094.6.
(k) The procedures and/or definitions pertaining to potentially dangerous and vicious dogs set forth
in the California’ Food and Agricultural Code Chapter 9, beginning with section 31601, are not
adopted and do not apply within San Mateo County. As authorized by Food and Agricultural
Code section 31683, the County has adopted its own program for regulation of dangerous and
vicious dogs as contained in this Chapter.
9.04.160 - Animals to Be Impounded.
(a)The Animal Control Program may impound any animal kept or found under conditions that
constitute a violation of this Chapter or other state, or local law. The animal's Owner shall be
responsible for all costs incurred or fees applicable with respect to such impoundment and
maintenance in the shelter.
(b)An Animal Control Officer or peace officer may impound or cause to be impounded an animal
when there is reasonable cause to believe that such animal posed, or poses, a threat to the
public’s health and safety, or the health and safety of another animal. The animal may remain
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impounded for a period not to exceed fifteen (15) calendar days in order to investigate, and to
determine whether or not said animal is Dangerous or Vicious as defined by this Chapter. In
calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an
animal is not impounded, within fifteen (15) calendar days after an investigation began, the
Animal Control Officer or peace officer shall make a determination whether or not the animal is
Vicious or Dangerous and shall notify the Owner of said animal as soon as reasonably practical
thereafter.
(c) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal
Control Officer shall serve the Owner of the animal with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required license fee and /or other
applicable charges and fees have been paid. In the event such animal is not redeemed within the
time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a
rescue, or disposed of in the manner determined by the Animal Control Program. The Animal
Control Program shall issue to the Owner or person responsible of the care, custody, and control
of said animal a receipt showing an itemized description and the amount of the fee(s) paid.
e) The Animal Control Program shall keep a record of all animals impounded, which record shall
include a description of the animal, the date of its receipt, the date and manner of disposal, the
name of the person redeeming, adopting, or purchasing, the fees, and/or charges related to the
animal. Said records shall be kept for a period of seven (7) years.
9.04.170 - Stray Animals.
Any person who finds or picks up a stray or lost animal shall report the same to the Animal Control
Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon
demand.
9.04.180 - Epidemics.
The San Mateo County Health Officer may determine and declare that rabies or other contagious
diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the
County. Upon the making of such a declaration, the Health Officer shall prepare and promulgate such orders,
rules, and regulations as are necessary for appropriate control of all the animals concerned within the County.
Said rules and regulations of the Health Officer may include, but are not limited to, impoundment, quarantine,
vaccination, or destruction. It shall be the duty of the Animal Control Officers to assist the Health Officer in
carrying out such rules and regulations.
9.04.190 - Bite Reporting Requirements.
(a) Any Owner or other person who is responsible for the care, custody, or control of an animal that
bites a human or other animal shall provide their name and current residence address, telephone
number, and shall present their driver's license or other form of identification and any
information regarding any rabies vaccination for the biting animal to the person bitten or the
Owner of the animal bitten. If the person bitten is a minor, the Owner or person in control of
the biting animal shall provide the required information to the parent or guardian of the minor.
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(b)In addition to the above requirements, it shall be the duty of any person having knowledge of
any animal which has bitten a human being or other animal within the County to immediately,
in no case later than the end of the next calendar day, report the bite to an Animal Control
Officer or peace officer and to furnish as much information as possible, including date, time and
location of bite, description of animal or person bitten, name and license number of the biting
animal, and rabies vaccination history of the biting animal.
9.04.200 - Administrative Citations.
(a)Should an Animal Control Officer, Humane Officer or peace officer determine that a person has
violated any provision this Chapter, that enforcement officer shall have authority to issue and
serve notice of an administrative citation as set forth in section 9.04.260, to the person violating
the Chapter.
(b)Each administrative citation shall contain the following information:
(1)The name and address of the Owner or other person to be cited.
(2)The date(s) of the violation.
(3)The address or a specific description of the location where the violation occurred.
(4)The section, subsection, and/or provision of this Chapter violated by the person cited and
a description of that violation.
(5)A prohibition of the continuation or repetition of the violation described in the
administrative citation.
(6)If applicable a description of the potential consequence(s) should the violation continue
or be repeated.
(7)Either:
i)The amount of the administrative fine charged and to be paid by the person cited
as a result of the violation; or
ii)A notice to correct a certain violation within a reasonable time, and the amount of
an administrative fine that may occur if the violation is not corrected or remedied
by the date specified.
(8)A description of the procedure to pay the fine, to include the time period for and place of
payment, and the process by which the County may collect any unpaid amount owed.
(9)A description of the administrative citation review process, including the time within
which the administrative citation may be appealed and how to appeal the administrative
citation, including any form to do so.
(10) The name and signature of the citing Animal Control Officer, Humane Officer or peace
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officer or County designee.
(c)An administrative citation may be any format, including letter, which conveys the information
set forth above.
9.04.210 - Appeal of Administrative Citation.
(a)A recipient of an administrative citation may contest the citation including, but not limited to, on
the basis that the underlying violation did not occur, or that recipient is not the party responsible
for the violation and thus was the improper recipient of the administrative citation. The recipient
must contest the citation on the form provided by the Animal Program Manager or Animal
Control Officer and file the appeal with the Animal Control Program Manager within twelve
(12) calendar days from the date of service of the administrative citation. Any appeal not timely
filed will be rejected.
(b)The appeal shall contain the following provided by the person appealing the citation:
(1)The name, mailing address, and telephone number of the party requesting the appeal;
(2)A copy of the administrative citation or a reference number thereto;
(3)A statement of the grounds for the contest, including a description of the evidence to be
presented in support of the contest and copies of any statements or documents to be
submitted at the hearing in support of the appeal.
(4)The signature of the appealing party.
(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is
successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be provided a
hearing before a hearing officer to be held pursuant to the procedures set forth in section
9.04.150 as applicable. The Animal Control Program shall notify the person requesting the
appeal hearing of the time and place set for the hearing pursuant to section 9.04.260.
9.04.220 - Payment of Administrative Fines.
(a)In the absence of an appeal by the recipient of the administrative citation, the person cited shall
pay the administrative fine in full within thirty (30) calendar days from the date of service of the
notice of citation. In the event of an appeal, after which the violation is upheld, if not already
paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of
the hearing officer was served on the recipient.
(b)Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further
enforcement of the same or any similar violation or any other violation by any applicable means.
(c)Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a
late charge pursuant to section 9.04.230, which will be collected by the Animal Control Program
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Manager.
9.04.230 - Amount of Administrative Fines.
(a)Any person issued an administrative citation for a violation of, and pursuant to, this Chapter
shall be assessed and pay a fine as follows:
(1)One hundred dollars ($100) for a first citation.
(2)Two hundred dollars ($200) for a second citation for the same violation within a one-year
period.
(3)Five hundred ($500) for each additional citation for the same violation within a one-year
period.
9.04.240 - Misdemeanor Violations.
(a)A person violating any provision of this Chapter shall be guilty of an infraction except as
otherwise specifically provided.
(b)A person violating any provision of section 9.04.050, subsection (a) of section 9.04.090 or
subsection (a) of section 9.04.130 of this Chapter shall be guilty of a misdemeanor.
(c) This section shall not limit any other available criminal, civil or administrative remedies. Any or
all applicable remedies shall remain available for violation of the provisions of this Chapter.
9.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative.
(a) Violation of this Chapter is a public nuisance subject to any and all applicable civil,
administrative and criminal remedies, according to the provisions and procedures set forth in this
Chapter and other applicable state and local law.
(b) This section is not intended to limit any other available criminal, civil or administrative
remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available
for violation of the provisions of this Chapter.
(c) Each day a violation continues shall constitute a separate violation.
9.40.260 - Service of Documents and Notices.
(a)Unless otherwise specified herein, the appropriate representative of the Animal Control Program
shall provide any required notice or service of documents in the one of the following manners:
(1) by personal delivery to the person to be notified or served; or (2) by posting on the property
at the address where the subject animal is licensed or the Owner of such animal resides; or (3)
by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and
addressed to such person to be notified or served at their last-known business or residence
address or as the same appears in the last equalized County assessment roll. Service by mail
shall be deemed complete at the time of deposit in the United States Mail receptacle, and shall
include a declaration or affidavit of service which shall include notice of the date mailed. If
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agreed in writing by the person to be served, notices or documents may be served electronically
at the address provided by the person to be served, to be effective upon being sent.
(b)Failure to receive any notice specified herein does not affect the validity of proceedings
conducted hereunder.
9.04.270 - Field Return Fee.
A fee shall be charged for any animal impounded by a representative of the Animal Control Program
and returned by an Animal Control Officer in the field to the Owner or person who is responsible for the care,
custody, or control of the animal. The fee charged shall be paid by the Owner or person who is responsible for
the care, custody, or control of said animal. Such fee shall be set forth in Section 9.04.350.
9.04.280 - Redemption and Spay/Neuter Fee.
(a)Upon redemption of any impounded unaltered animal, the person responsible for the care,
custody or control of any animal will be required to pay a spay or neuter fee in the amount of
$100.00 in addition to the impound fees imposed under Section 9.04.350 of this Chapter. Such
fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar
days following the date of redemption.
(b)Any unaltered animal impounded twice or more within a three-year period shall be altered at a
cost to be paid by the Owner/caretaker or person responsible for the care, custody or control of
said animal prior to redemption. At the option of the Owner/caretaker or person responsible for
the care, custody or control of said animal, required spaying or neutering may be performed by a
private veterinarian within thirty (30) calendar days.
(c)Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under
Subsection (b) of this Section may appeal this requirement by submitting a written request for an
administrative hearing to the Animal Control Program Manager. The administrative hearing will
be conducted according to the provisions of Section 9.04.150 of this Chapter.
(d)The Animal Control Program Manager may waive any County or City fee for County or City
spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and
the person bringing the animal to the shelter agrees that the person shall have no rights in the
animal or any right to direct or control treatment or disposition of the animal by the Animal
Control Program which will retain sole discretion in determining the disposition of the animal,
which may include but not be limited to treatment and/or adoption, or euthanasia.
9.04.290 - Quarantine Fee.
A quarantine fee, as set forth in Section 9.04.350, shall be paid by the Owner or caretaker of any animal
involved, or potentially involved, in a bite. Such quarantine fee is in addition to any other fees charged set forth
in Section 9.04.350 of this Chapter to recover costs incurred by the Animal Control Program for the sheltering
and caring for the quarantined animal.
9.04.350 - Schedule of Fees and Charges.
This Section 9.04.350 sets forth the fees for the Animal Control Program and Licensing Program. No
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animal shall be released to its Owner, or other person responsible for the care, custody, or control of the animal,
unless applicable fees have been paid.
Animal Control and Licensing fees and charges established by this code are as follows:
(a) License Fees.
Dogs
Unaltered dog
1-year license $60.00
3-year license $175.00
Unaltered dog Senior Pet Owner (over 60 yrs.) 1-year license 3-year license $30.00 $85.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
Cats
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.) 1-year license 3-year license $15.00 $40.00
Altered cat
1-year license $7.00
3-year license $20.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals - horses, cows, hogs, sheep, etc.)
Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use)$100. 00
Type C (dogs, and cats)
Impound Costs - First Impound
Altered - licensed, wearing tag $40.00
Unaltered - licensed, wearing tag $65.00
Altered - unlicensed, no tag $55.00
Unaltered - unlicensed, no tag $85.00
Impound Costs - Second Impound
Altered - licensed, wearing tag $90.00
Unaltered - licensed, wearing tag $125.00
Altered - unlicensed, no tag $105.00
Unaltered - unlicensed, no tag $140.00
Impound Costs - Third Impound
Altered - licensed, wearing tag $135.00
Unaltered - licensed, wearing tag $155.00
Altered - unlicensed, no tag $155.00
Unaltered - unlicensed, no tag $180.00
Impound Costs - Fourth Impound
Altered - licensed, wearing tag $185.00
Unaltered - licensed, wearing tag $220.00
Altered - unlicensed, no tag $200.00
Unaltered - unlicensed, no tag $240.00
Impound Costs - Fifth Impound and up
Altered - licensed, wearing tag $230.00
Unaltered - licensed, wearing tag $260.00
Altered - unlicensed, no tag $245.00
Unaltered - unlicensed, no tag $280.00
Board charges (per day)
Altered - dogs/$25.00
Unaltered - dogs/$35.00
Altered - cats $16.00
Unaltered - cats $25.00
Type D (small size animals, e.g., birds, hamsters, or other)
Impound cost $20.00
Board cost $10.00
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Type A & B (large or medium size animals - horses, cows, hogs, sheep, etc.)
Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use)$100. 00
Type C (dogs, and cats)
Impound Costs - First Impound
Altered - licensed, wearing tag $40.00
Unaltered - licensed, wearing tag $65.00
Altered - unlicensed, no tag $55.00
Unaltered - unlicensed, no tag $85.00
Impound Costs - Second Impound
Altered - licensed, wearing tag $90.00
Unaltered - licensed, wearing tag $125.00
Altered - unlicensed, no tag $105.00
Unaltered - unlicensed, no tag $140.00
Impound Costs - Third Impound
Altered - licensed, wearing tag $135.00
Unaltered - licensed, wearing tag $155.00
Altered - unlicensed, no tag $155.00
Unaltered - unlicensed, no tag $180.00
Impound Costs - Fourth Impound
Altered - licensed, wearing tag $185.00
Unaltered - licensed, wearing tag $220.00
Altered - unlicensed, no tag $200.00
Unaltered - unlicensed, no tag $240.00
Impound Costs - Fifth Impound and up
Altered - licensed, wearing tag $230.00
Unaltered - licensed, wearing tag $260.00
Altered - unlicensed, no tag $245.00
Unaltered - unlicensed, no tag $280.00
Board charges (per day)
Altered - dogs/$25.00
Unaltered - dogs/$35.00
Altered - cats $16.00
Unaltered - cats $25.00
Type D (small size animals, e.g., birds, hamsters, or other)
Impound cost $20.00
Board cost $10.00
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Type A & B (large or medium size animals - horses, cows, hogs, sheep, etc.) Impound cost $100.00 Board cost per day $30.00 Trailering cost (per use)$100. 00Type C (dogs, and cats)Impound Costs - First Impound Altered - licensed, wearing tag $40.00 Unaltered - licensed, wearing tag $65.00 Altered - unlicensed, no tag $55.00 Unaltered - unlicensed, no tag $85.00Impound Costs - Second Impound Altered - licensed, wearing tag $90.00 Unaltered - licensed, wearing tag $125.00 Altered - unlicensed, no tag $105.00 Unaltered - unlicensed, no tag $140.00Impound Costs - Third Impound Altered - licensed, wearing tag $135.00 Unaltered - licensed, wearing tag $155.00 Altered - unlicensed, no tag $155.00 Unaltered - unlicensed, no tag $180.00Impound Costs - Fourth Impound Altered - licensed, wearing tag $185.00 Unaltered - licensed, wearing tag $220.00 Altered - unlicensed, no tag $200.00 Unaltered - unlicensed, no tag $240.00Impound Costs - Fifth Impound and up Altered - licensed, wearing tag $230.00 Unaltered - licensed, wearing tag $260.00 Altered - unlicensed, no tag $245.00 Unaltered - unlicensed, no tag $280.00Board charges (per day) Altered - dogs/$25.00 Unaltered - dogs/$35.00
Altered - cats $16.00
Unaltered - cats $25.00
Type D (small size animals, e.g., birds, hamsters, or other)
Impound cost $20.00
Board cost $10.00
(c)Surrender, Euthanasia and Dead on Arrival Disposal Fees.
Dog - Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat - Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.)
Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $55.00
Euthanasia: Under 100 pounds Over 100 pounds $50.00
$125.00
DOA Disposal Under 100 Pounds Over 100 pounds $30.00
$100.00
(d)Miscellaneous Fees
Quarantine Fee $50.00
Dangerous Animal Permit (DAP) Fee $270.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or exotic pet fee $100.00
Return Check Fee $25.00
Service dog application processing fee $50.00
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Quarantine Fee $50.00
Dangerous Animal Permit (DAP) Fee $270.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or exotic pet fee $100.00
Return Check Fee $25.00
Service dog application processing fee $50.00
(e)Animal Control Program, and/or Licensing Program, may establish license discounts for recognized
animal rescue organizations. License fees include a one dollar ($1) annual surcharge on all
licenses for the animal population trust fund.
(f)Payment plan. At the discretion of the Animal Control Program Manager, a payment plan for all
fees outstanding may be permitted upon a showing of good cause. If a person is in compliance
with an agreed upon payment plan, their outstanding balance shall never be considered
“nonpayment” as that term is used in this Chapter.
(g) The animal control fees for any animal related service not specified in this section shall be
reviewed by the Chief of the Health System or their designee for reimbursement of costs. The
Chief of the Health System or their designee shall have the authority to determine the fee
charged for said services. The fee charged shall be paid by the Owner or caretaker of the animal
(s) for which said service(s) have been provided.
(h) Each calendar year, the Animal Control Program Manager shall designate one month as an
amnesty period for payment of cat and dog license late fees and for compliance with section
9.04.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and
dog licenses shall not be assessed any late penalty fee or any other penalty for failure to earlier
obtain such license or pay any applicable license fee, notwithstanding sections 9.04.040 and
9.04.350 of this Chapter.
(i) All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of
this ordinance shall be used to offset the cost of enforcement and administration of this Chapter.
(j) If the Animal Control Program Manager determines that payment of any fees by the Owner or
Caretaker for an impounded animal would cause extreme financial difficulty to the Owner or
Caretaker, and that it is in the best interests of the County to allow release of the animal upon
these terms, the Animal Control Program Manager may, at their discretion, set up a payment
plan or waive all or part of the fees incurred for the animal.
SECTION 3.Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have
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passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4.Publication and Effective Date.
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a
summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is
scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a
certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk
shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this
Ordinance.
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P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1004 Agenda Date:1/10/2024
Version:1 Item #:11.
Report regarding the draft Broadband Master Plan.(Tony Barrera, Director of Information Technology)
RECOMMENDATION
Staff recommends that the City Council review the draft Broadband Master Plan and provide feedback
before returning to City Council for adoption.
BACKGROUND/DISCUSSION
The City of South San Francisco Information Technology (IT)Department has partnered with Magellan
Advisors to develop a multi-year Broadband Master Plan (Plan).Magellan was selected through a competitive
request for proposals (RFP)process based on past and current experience implementing plans for many
municipalities throughout the country.
The Broadband Master Plan is a strategic initiative aimed at addressing the increasing demand for reliable and
high-speed internet access,which was further exacerbated by the COVID-19 pandemic.This report outlines the
key milestones achieved in the development of the Plan,including outreach to anchor institutions.The Plan
encompasses the City's entire fiber network,building connectivity,and future expansion projects,ensuring that
the community has access to cutting-edge broadband services.
The project started in November 2022 with the scope to evaluate existing broadband infrastructure.To
accomplish this,Magellan interviewed all City staff to find where broadband can improve operations,gathered
detailed information of City assets,reviewed the Capital Improvement Programs,and reached out to anchor
institutions to determine their broadband needs.At that same time,the City’s IT Department applied for the
Local Agency and Technology Assistance Grant to help fund this initiative.In December of 2022,the City was
awarded $266,000 for the Broadband Master Plan and a Fiber Optic Design Build Plan.The Fiber Optic Design
Plan would allow for the installation of fiber optics in city-owned conduits to the Westborough area.The City
selected Kimley-Horn to develop the Fiber Optic Design Plan that will be used for construction.The report will
reference the Kimley-Horn project for fiber and conduits to the Westborough area.
Based on interviews and data gathered,Magellan created a plan with eight key recommendations as follows
(the report provides more detail for each recommendation):
1.Expand the City’s Fiber Backbone to Improve City Facility Connectivity and Expand
Community Broadband Access.
The City can complete a carrier-grade backbone loop,connecting 18 City facilities,25 pump stations,and 98
traffic signals at an estimated cost of $4.2 million The phased approach allows for incremental builds as
resources and funding allow,while laying out a roadmap for coordination and alignment with other major
projects to minimize costs.A carrier-grade fiber loop will also enable the City to identify a qualified private
Internet Service Provider (ISP)that can operate,manage,and maintain the network while expanding broadband
access in the community at competitive rates.Extending the City’s fiber network under the conceptual design
will also future proof the network and support emerging applications such as Emergency Vehicle Preemption
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will also future proof the network and support emerging applications such as Emergency Vehicle Preemption
(which is planned)and connected vehicle needs via next generation 5G and 6G wireless services which must be
connected with fiber backhaul.
2.Initiate Design & Engineering for Phases 1 & 2 at an estimated cost of $130,400.
The first two phases of the Conceptual Design -Citywide Redundant Loop and City Facilities -create a high
impact and maximize the value of the City’s network (and thus attract private investment).By undertaking
design engineering,the City would be demonstrating a commitment to moving forward -being “shovel ready”-
and thus enhancing its grant competitiveness for state and federal broadband grants.Design engineering would
include field surveying and verification,identifying additional usable assets that may not be recorded in City
maps,value engineering to reduce the overall cost,confirming the final routing and design,and compiling a
Bill of Materials.
3.Solicit &Negotiate a Public-Private Partnership to Operationalize the City’s Broadband
Network.
The City’s existing network,its role within the Smart Corridor project,the Conceptual Network Design
proposed in this Plan,as well as the planned expansion through the Critical City Site Design project recently
completed by Kimley-Horn have positioned the City to be able to expand the benefits beyond just City
administration and services and into the community at large.However,operationalizing,monetizing,and
managing a retail data network requires resources,staffing,and start-up capital that likely exceed the City’s
existing capacity.The City should transparently solicit a public-private partnership through an RFP to find a
qualified ISP that is willing to manage,maintain,market,and operate the City’s network in exchange for a
portion of the revenues generated through retail sales.
4.Pursue Competitive Grant Opportunities through State and Federal Broadband Grants.
The State of California,through the Advanced Services Fund (CASF),has $150 million in annual allocations
(through 2032)for broadband grants for infrastructure,public housing,and adoption programs.The City is
eligible for these funding sources and should pursue these grants to provide for construction of the Citywide
Conceptual Network,for the marginal costs to connect CPUC-designated unserved households and other at-
need neighborhoods, and to assist with digital literacy and navigation programs in the community.
5.Coordinate Joint Build and CIP Projects for Broadband Expansion.
Coordinating infrastructure expansion through joint utility work and CIP projects is the most cost-effective
strategy to expand City broadband assets,particularly into under-served areas and new developments.Effective
coordination on all projects that require excavation will ensure that all utilities,public and private,can
economically expand their broadband footprint in the South San Francisco.The City can incrementally and
opportunistically build its own fiber network,connect key City facilities,and enable Smart City applications.
Effective joint build and utility coordination requires an effective and enforced “dig once”ordinance,a strong
road moratorium,a curated master project list that aggregates all public and private excavation work in the
public right-of-way, and organized, regular meetings between the various agencies and utilities.
6.Apply Development Conditions to Major Projects
Planning for a broadband future is the most cost-effective way to both minimize costs and ensure new housing
and commercial development thrives.The City should add broadband and fiber expansion to the existing public
infrastructure requirements (water,sewer,sidewalks,etc.)that developers must finance and construct for newCity of South San Francisco Printed on 1/5/2024Page 2 of 4
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infrastructure requirements (water,sewer,sidewalks,etc.)that developers must finance and construct for new
developments.
The City Council has approved the Lindenville Specific Plan,which includes a condition of approval that
requires placement of conduit for the purpose of future fiber installation.This condition requires the installation
of "three-inch diameter PVC conduit along the project frontage,in the right-of-way,if any trenching is to take
place,for the purpose of future fiber installation.Conduit shall have a pull rope or tape.A #8 stranded trace
wire will be installed in the conduit or other trace wire system approved by the City."The City could list further
standard installation requirements similar to other cities’requirement,such as depth requirements (laid to a
depth of not less than 18 inches below grade in concrete sidewalk areas,and not less than 24 inches below
finished grade in all other areas when feasible,or the maximum feasible depth otherwise),install minimum 3-
foot radius sweeps and bends,furnish with an external “warning”ribbon tape a minimum of 3-inches above the
conduit,and all conduit couplers and fittings shall be installed watertight,with sealed end caps upon
installation.These standard conditions of approval should be considered for all development work citywide,so
that future development of broadband and fiber optic deployments can be expanded at marginal cost.
7.Establish a Technology Enterprise Fund
Many cities create dedicated funds for revenues generated from leases of City assets by private
telecommunications companies.A dedicated fund with ongoing revenues,separate from the General Fund,
prioritizes new City/public technology deployment for future build opportunities (funding for fiber network
expansions through incremental builds/joint trench coordination or for locating new smart city devices
concurrent with expansion of private wireless connectivity).Revenues for broadband can also be earned from
the Broadband Impact Fee being considered by the City.The two funds should be kept separate for accounting
purposes.Creating an enterprise fund helps plan strategically for the years to come when use of public
assets/ROW will increase and could create significant new City revenues.The unscheduled nature of joint
trench/dig once opportunities means cities need a dedicated funding source outside of the normal budgeting
process to take advantage of open trenches.The City should consider holding revenues generated by the City
through lease or other agreements for use of City broadband infrastructure in a separate account to offset
maintenance and expansion costs, including:
·Cellular antennas on street light poles;
·Placement of cabinets or vaults in the ROW;
·Leasing land or towers for cell tower installation;
·Dark fiber or conduit occupancy leases; or
·Other telecom-related/ROW revenue generating activities.
8.Use City Communications to Inform and Promote Use of the FCC Affordable Connectivity
Program (ACP)
The ACP is a major cost-free tool for addressing digital equity issues.ACP enrollment in South San Francisco
(18%of eligible households)is less than half the average level of both the State of California (38%)and the
United States (39%).The City should support inclusion of ACP information in communications and outreach
for communities,consumers,and programs to raise awareness of the ACP benefit and further information on
eligibility and enrollment.Examples include making sure schools,libraries,health clinics,and community
centers know about ACP and have information needed to help eligible students,clients,and patrons enroll.Put
outreach materials in the hands of teachers,health care providers,and community workers.These materials are
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available at ACP Consumer Outreach Toolkit | Federal Communications Commission (fcc.gov)
FISCAL IMPACT
There is no fiscal impact at this time.
CONCLUSION
The development of the Broadband Master Plan represents a crucial step toward ensuring equitable access to
high-speed internet within our community.The successful LATA Grant award,and the strategic hiring of key
consultants,demonstrate our commitment to this initiative.With ongoing collaborations,including input from
anchor institutions and the City Council,we aim to create a comprehensive plan that will serve our
community's needs now, and in the future, while fostering digital inclusion and economic growth.
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City of South San Francisco Broadband Strategic Plan Page 1 of 90
City of South San Francisco
Broadband Strategic Plan
November 10, 2023
Final Report
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TABLE OF CONTENTS
............................................................................................................................. 1
Table of Contents ............................................................................................... 2
Table of Figures .................................................................................................. 3
Table of Tables .................................................................................................... 3
1. EXECUTIVE SUMMARY ........................................................................................ 4
2. ASSET INVENTORY ............................................................................................ 15
2.1 City Facility Connectivity ........................................................................... 15
2.2 Public Broadband Infrastructure .............................................................. 16
2.3 City Traffic Signals and Interconnect Network ....................................... 18
2.4 Critical City Sites Network Design Project ............................................... 20
2.5 Smart Corridor ............................................................................................ 21
2.6 California Middle Mile Backbone Initiative ............................................. 24
3. NEEDS ASSESSMENT ......................................................................................... 26
3.1 Indicators of Need ...................................................................................... 26
3.2 2022 Wireless Study Findings .................................................................... 31
3.3 Stakeholder Input ...................................................................................... 32
3.4 Conclusions and Implications ................................................................... 38
4. BROADBAND POLICIES & INITIATIVES ............................................................. 41
4.1 Dig Once/Open Trench Notification Ordinance ...................................... 41
4.2 Capital Improvement Plan Analysis ......................................................... 42
4.3 Lindenville Specific Plan ............................................................................ 44
4.4 Technology Enterprise Fund ...................................................................... 47
4.5 Smart City Applications ............................................................................. 47
5. CONCEPTUAL NETWORK DESIGN .................................................................... 51
5.1 Conceptual Network Routes ..................................................................... 51
5.2 Phased Implementation Plan .................................................................... 52
5.3 Construction Cost Estimates ..................................................................... 57
6. PUBLIC/PRIVATE PARTNERSHIP CONSIDERATIONS .............................................. 59
7. KEY RECOMMENDATIONS ....................................................................................... 62
APPENDIX A: STAKEHOLDER INTERVIEW PARTICIPANTS ......................................... 66
APPENDIX B: CAPITAL IMPROVEMENT PROGRAM REVIEW ...................................... 69
APPENDIX C: BUSINESS MODELS ................................................................................ 72
APPENDIX D: TRANSPORT AND ACCESS NETWORK EQUIPMENT ............................. 77
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APPENDIX E: TECHNICAL SPECIFICATIONS AND COST ESTIMATES .......................... 85
T ABLE OF FIGURES
Figure 1. City Assets & Public Facilities ........................................................................................... 5
Figure 2. Conceptual Network Design ............................................................................................. 9
Figure 3. City & Community Sites & Facilities ............................................................................... 16
Figure 4. City & Community Sites & Facilities by Council District .............................................. 16
Figure 5. City-Owned Fiber Optic Cable and Conduit Assets ..................................................... 17
Figure 6. Adaptive Traffic Signal Deployment .............................................................................. 19
Figure 7. Critical City Site Design ................................................................................................... 21
Figure 8. San Mateo County Smart Corridor Project .................................................................. 23
Figure 9. California Planned Middle Mile Backbone Initiative (MMBI) ..................................... 25
Figure 10. CPUC FFA Unserved Locations ..................................................................................... 27
Figure 11. Census Map/Digital Equity Act Population Viewer .................................................... 28
Figure 12. Smart City IoT Architecture .......................................................................................... 48
Figure 13. Conceptual Network Design ........................................................................................ 52
Figure 14. Phase 1: Addition of Redundant Ring & City/Community Facility Connections .... 54
Figure 15. Phase 2: Fiber Connectivity for Pump Station & Wastewater Assets ...................... 56
Figure 16. Business Model Risk/Reward Continuum .................................................................. 59
Figure 17. Business Model Risk/Reward Continuum .................................................................. 72
Figure 18. Transport Networks Architecture ................................................................................ 78
Figure 19. Passive Optical Network (PON) Architecture ............................................................. 81
TABLE OF TABLES
Table 1. City Facilities connected by Critical City Sites Network Design Project ...................... 20
Table 2. Affordable Connectivity Program (ACP) Participation ................................................. 28
Table 3. Additional City facilities to be connected in Phase 1 ................................................... 55
Table 4. Sewer pump stations to be connected in Phase 2 ....................................................... 57
Table 5. Construction Cost Estimates ........................................................................................... 58
Table 6. Capital Improvement Program FY 2021-22 .................................................................. 69
Table 7. Comparison of Municipal Broadband Business Models ............................................. 76
Table 8. One-Time Capital Costs for a Transport Network ........................................................ 79
Table 9. Capital Costs for Access Services .................................................................................... 84
Table 10. Fiber Construction Methods Compared ...................................................................... 85
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1. Executive Summary
The City of South San Francisco's Broadband Strategic Plan is a culmination of efforts
to enhance City communications and facility connectivity, public infrastructure
development, economic growth, and community access and affordability. Key findings
and conclusions from each section are distilled below:
Asset Inventory
There is significant infrastructure within South San Francisco that can be leveraged for
broadband – whether as locations in the public sphere or right-of-way to host
equipment, conduit, and fiber pathways to connect facilities and neighborhoods,
opportunities to deploy smart city devices and applications, or integration of public
and private networks in innovative partnerships.
The City operates an internal dark fiber network that interconnects key facilities, with
bandwidth of 1-10 Gbps, depending on location, provided by a private Internet Service
Provider (ISP). However, the City network does not connect all City locations, does not
have a fully redundant “ring” architecture or diverse routing, and does not yet extend
up Sign Hill.
As shown in Figure 1, the City’s conduit and fiber network includes 19.2 miles of
existing conduit, and 4.9 miles of existing fiber optic cable. The City has an additional
12 City sites and 6 community facilities that require connectivity. There are also 98
traffic signals across the City, but only 13 of these are currently connected (or in
process) on the network. There is a CIP project underway to incrementally connect
traffic signals with fiber optic cable where prioritized or when aligned with City
communications networks.
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Figure 1. City Assets & Public Facilities
The City network is being leveraged by a project that will connect nine critical City sites
and 13 traffic signal cabinets, as well as extending backbone fiber into two
underserved neighborhoods to expand community access. The estimated
construction costs for this Critical City Site project are estimated at $1.9 million and
includes 1.5 miles of conduit and 7.7 miles of fiber cable.
The City is also coordinating with the City/County Association of Governments in San
Mateo County on the design of a Smart Corridor project, which will develop a traffic
management system along key arterial corridors that parallel U.S. Highway 101 and
Interstate 280. This project will install additional conduit and fiber cable, providing the
City the opportunity to further expand its fiber network. This project is synergistic with
the City project to extend a City-wide traffic signal interconnect network using fiber
optic cable.
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Needs Assessment
Although the City is generally considered “well-served” at a high level (under FCC
standards)1, there are significant areas and neighborhoods that are challenged by a
lack of high-speed broadband – whether due to a lack of private infrastructure from
AT&T and Comcast, or because of income, language, or socio-economic challenges
related to the Digital Divide.
There are many census blocks within the City where more than 10% of households
lack an internet connection – exceeding the national average. Moreover, there are
more than 6,700 households within the City that qualify for the federal Affordable
Connectivity Program (ACP) subsidy, which provides up to $30/month to help
households pay for internet access; only about 18% of these households are actually
participating in the program, falling well short of participation levels statewide or
nationwide.
The California Public Utilities Commission (CPUC) has identified many households and
businesses across the City that qualify as “unserved,” defined by the State as without
broadband service meeting the minimum standard of 100 Mbps download and 25
Mbps upload capabilities. This unserved status not only identifies areas where the
Digital Divide is impacting households and opportunities for employment, remote
learning, telehealth, and other services that utilize the internet, but these locations
also are eligible for several State broadband grants.
In order to better understand the realities for South San Francisco residents and the
City departments tasked with providing services to these stakeholders, Magellan and
the IT Department conducted 17 meetings and interview sessions with over forty
individuals from throughout City departments, the City Manager’s office and elected
officials, and with multiple community-based organizations.
Interview participants emphasized the Digital Divide made the response to the COVID-
19 pandemic much more difficult, particularly among underserved groups struggling
to access community and government services. Each of these community
organizations stressed the crucial importance of affordable internet. Internet access
remains out of reach for a significant portion of the population since many residents
and clients have fixed and limited incomes.
1 The current FCC standard for “broadband service” is a minimum of 25 Mbps download speed and 3
Mbps upload speed. Many consider this definition to be inadequate and outdated. The Infrastructure
Investment and Jobs Act sets a higher definition for minimum speeds to be considered “broadband” at
100 Mbps download and 20 Mbps upload.
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Additionally, poor wireless coverage affects the public, community service
organizations, public safety, and field staff of City departments among others.
Wireless gaps hinder public safety, event and visitor connectivity, and wireless
broadband availability to businesses and residents.
Broadband Policies and Initiatives
Broadband-friendly policies and initiatives will form the backbone of the City's efforts
to expand communications infrastructure, enhance connectivity, enable digital
inclusion, and create a future-ready environment. These strategies are instrumental in
propelling the city toward bridging the digital divide and fostering a technologically
empowered community.
The City’s Open Trench Notification policy and road moratorium policies work together
to support efficient and effective placement of broadband infrastructure,
discouraging utility providers from uncoordinated actions that excavate newly paved
roads, while incentivizing cooperation for facility placement.
Other long-range capital improvement projects may involve significant excavation and
improvements that provide the opportunity to jointly deploy broadband assets at
incremental cost, typically through adding communications conduit to open
trenches/excavation, or by planning for wireless/Wi-Fi capabilities and smart city
applications on poles, public buildings, or other public areas. Magellan reviewed and
identified 23 projects in the City’s CIP that could expand broadband infrastructure
using a joint trench approach.
The City Council has approved the Lindenville Specific Plan including a condition of
approval that requires placement of conduit for the purpose of future fiber
installation. The City could list further standard installation requirements similar to
other cities’ requirement, and these standard conditions of approval should be
considered for all development work citywide, so that future development of
broadband and fiber optic deployments can be expanded at marginal cost, thus
ensuring future broadband competition and internet access.
The City seeks to deploy more Smart City applications, such as cameras, irrigation
sensors, street lighting with controlled dimming, automated cross walks, real time bus
signage, parking management and navigation, license plate readers, and more. The
City should consider the formation of a Smart City Steering Committee to provide
focus and maintain momentum for Smart City projects. This Committee should be
cross-departmental, including senior leadership from all relevant departments, and
may even consider inter-agency communication for expanded impact.
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Ultimately, these opportunities for joint trench, dig once, and smart city deployment
will require future influx of City funding to secure materials and equipment. The City
should create a Technology Enterprise Fund that can be used for future broadband
infrastructure, with an initial seed funding allocation, and sustainably maintained by
dedicating future revenues from telecommunications leases, licenses, and other
revenue-generating activities enabled by the City’s broadband infrastructure. The
unscheduled nature of joint trench/Open Trench Notification opportunities means
cities need a dedicated funding source outside of the normal budgeting process to
take advantage of new or unforeseen opportunities for broadband expansion, which
might be missed under conventional budgeting practices.
Conceptual Network Design
The conceptual network design for the City identifies fiber routes and other
infrastructure requirements to meet identified City needs. The Conceptual Network
Design2, as shown in Figure 2, includes approximately 4.4 miles of new backbone
conduit and fiber, 1.4 miles of new service drops/laterals, 5.1 miles of new fiber pulled
into existing City conduit, and interconnecting 2.5 miles of the existing City fiber
network with splice points, handholes, cabinets and supporting infrastructure. The
conceptual design also includes interconnectivity with the California Middle-Mile
Backbone Initiative (MMBI), the planned state-wide middle-mile project, to ensure
regional interconnectivity and route redundancy.
2 The Conceptual Network Design assumes that the Critical City Sites design recently completed by
Kimley-Horn has been constructed and is operational – i.e., that this phase of the project is a part of the
“existing City assets.” Thus, the anticipated lengths, breakdown, and construction costs for this
particular phase are not included in the cost estimates.
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Figure 2. Conceptual Network Design
The Conceptual Network Design can be constructed in a 2-phased approach in order
to prioritize the loop architecture necessary for greater community and business
access, ensure critical site connectivity, provide flexibility relative to grant availability,
budgets, and resource constraints, and to maximize the network reach into new
markets to attract a private partner. The phases can be further broken down into sub-
phases or built incrementally and opportunistically through effective CIP and private
project coordination.
Phase 1 ensures a citywide redundant loop architecture that minimizes service
interruptions, connects 14 remaining City and community facilities currently not on
the network, and 20 traffic signals. Further loop redundancy of fiber connections,
particularly to the west, can be achieved in the future opportunistically using joint
trench opportunities and projects such as the Mission Road Rule 20A project for utility
undergrounding which would provide a segment of conduit.
Phase 2 adds fiber network connectivity to 14 sewage pump station sites. Two things
should be noted about Phase 2. First, two-thirds of the Phase 2 additional fiber would
be deployed through existing City conduit, which is considerably cheaper than new
underground construction (estimated to be $25 per foot versus $125 per foot).
Second there are at least 23 traffic signals along these routes so there would be
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synergies among programs (wastewater and traffic control, as well as other uses) for
this extension of the City’s network. Thus, the case could be made to move this
deployment up the prioritization list to be funded opportunistically via joint trench
opportunities and Technology Enterprise Fund.
Similarly, the Water Quality Treatment Plant could be moved up the priority list.
Within the planning horizon the City has the opportunity to prioritize network
construction flexibly such that the Phase 1 and Phase 2 identification in this Plan can
be modified going forward. These modifications can include other storm water pump
stations as they are upgraded, such as the Airport underpass, South Maple, and South
Airport.
Ultimately, milestones and timelines will be established in execution of this Plan for
buildout of Phases 1 and 2, including city implementation under CIP, Development
adding segment pieces, opportunistic joint trenching, and the Technology Enterprise
Fund. Funding will be the important constraint.
The estimated construction cost for the entire Conceptual Network Design (both
phases) is approximately $4.2 million. This estimate accounts for design, engineering,
permitting, upgrades to existing infrastructure, and the deployment of new
underground conduits and fiber cables. The design engineering and field surveying
process would verify and record all existing assets and could uncover additional fiber
that would eliminate the need for some of the new construction, thereby lowering the
total overall construction costs.
Public/Private Partnership Considerations
Alternative business models a city may select range along a risk/reward continuum,
from “passive” models (policy and infrastructure only) to “active” models (full retail
operation). The choice of business model needs to align with the vision of the
community and its leadership and be one that fits organizationally into the City’s
municipal operation. The Public Private Partnership (“P3”) model appears to align best
with the City of South San Francisco’s vision, operations, and risk/reward tolerances.
A P3 would allow the City to leverage its existing and planned fiber optic network
assets to expand broadband availability in the community by making the network
available for use by private Internet Service Provider (ISP) providers.
To begin creation of a P3, the City should publicly solicit potential partners via a
Request for Proposal (RFP) and select through negotiation one or more private or
public ISPs to provide and sell retail internet services over a network incorporating
desired segments of City-owned fiber in exchange for lease payments, revenue share,
new City network construction, or a combination thereof. Soliciting and selecting a
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private partner is not a typical procurement process but is a negotiated arrangement
that will take time to define and finalize.
Key Recommendations
1) Expand the City’s Fiber Backbone to Improve City Facility Connectivity,
Expand Community Broadband Access, and future-proof the network.
The City can complete a carrier-grade backbone loop that connects 18 City facilities,
25 pump stations, and 98 traffic signals at an estimated cost of $4.2 million. The
phased approach allows for incremental builds as resources and funding allow, while
laying out a roadmap for coordination and alignment with other major projects to
minimize costs. A carrier-grade fiber loop will also enable the City to identify a
qualified private ISP that can operate, manage, and maintain the network while
expanding broadband access in the community at competitive rates.
Extending the City’s fiber network under the conceptual design will also future-proof
the network and support emerging applications such as Emergency Vehicle
Preemption (which is planned) and connected vehicle needs via next generation 5G
and 6G wireless services which must be connected with fiber backhaul.
2) Initiate Design & Engineering for Phases 1 & 2 at an estimated cost of
$130,400.
The first two phases of the Conceptual Design – Citywide Redundant Loop and City
Facilities – create a high impact and maximize the value of the City’s network (and
thus attract private investment). By undertaking design engineering, the City would be
demonstrating a commitment to moving forward – being “shovel ready” – and thus
enhancing its grant competitiveness for state and federal broadband grants.
Design engineering would include field surveying and verification, identifying
additional usable assets that may not be recorded in City maps, value engineering to
reduce the overall cost, confirming the final routing and design, and compiling a Bill of
Materials.
3) Solicit & Negotiate a Public-Private Partnership to Operationalize the City’s
Broadband Network.
The City’s existing network, its role within the Smart Corridor project, and the
Conceptual Network Design proposed in this Strategic Plan - as well as the planned
expansion through the Critical City Site Design project recently completed by Kimley-
Horn – have positioned the City to be able to expand the benefits beyond just City
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administration and services and into the community at large. However,
operationalizing, monetizing, and managing a retail data network requires resources,
staffing, and start-up capital that likely exceed the City’s existing capacity. The City
should transparently solicit a public-private partnership through an RFP to find a
qualified ISP that is willing to manage, maintain, market, and operate the City’s
network in exchange for a portion of the revenues generated through retail sales.
4) Pursue Competitive Grant Opportunities through State and Federal
Broadband Grants.
The State of California, through the Advanced Services Fund (CASF), has $150 million
in annual allocations (through 2032) for broadband grants for infrastructure, public
housing, and adoption programs. The City is eligible for these fu nding sources and
should pursue these grants to provide for construction of the Citywide Conceptual
Network, for the marginal costs to connect CPUC-designated unserved households
and other at-need neighborhoods, and to assist with digital literacy and navigation
programs in the community.
5) Coordinate Joint Build and CIP Projects for Broadband Expansion.
Coordinating infrastructure expansion through joint utility work and CIP projects is
the most cost-effective strategy to expand City broadband assets, particularly into
under-served areas and new developments. Effective coordination on all projects that
require excavation will ensure that all utilities—public and private—can economically
expand their broadband footprint in the South San Francisco. The City can
incrementally and opportunistically build its own fiber network, connect key City
facilities, and enable Smart City applications. Effective joint build and utility
coordination requires an effective and enforced “dig once” ordinance, a strong road
moratorium, a curated master project list that aggregates all public and private
excavation work in the public right-of-way, and organized, regular meetings between
the various agencies and utilities.
6) Apply Development Conditions to Major Projects
Planning ahead for a broadband future is the most cost-effective way to both
minimize costs and ensure new housing and commercial development thrives. The
City should add broadband and fiber expansion to the existing public infrastructure
requirements (water, sewer, sidewalks, etc.) that developers must finance and
construct for new developments.
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The City Council has approved the Lindenville Specific Plan including a condition of
approval that requires placement of conduit for the purpose of future fiber
installation. This condition requires the installation of "three-inch diameter PVC
conduit along the project frontage, in the right-of-way, if any trenching is to take place,
for the purpose of future fiber installation. Conduit shall have a pull rope or tape. A #8
stranded trace wire will be installed in the conduit or other trace wire system
approved by the City." The City could list further standard installation requirements
similar to other cities’ requirement, such as depth requirements (laid to a depth of not
less than 18 inches below grade in concrete sidewalk areas, and not less than 24
inches below finished grade in all other areas when feasible, or the maximum feasible
depth otherwise), install minimum 3-foot radius sweeps and bends, furnish with an
external “warning” ribbon tape a minimum of 3-inches above the conduit, and all
conduit couplers and fittings shall be installed watertight, with sealed end caps upon
installation.
These standard conditions of approval should be considered for all development
work citywide, so that future development of broadband and fiber optic deployments
can be expanded at marginal cost.
7) Establish a Technology Enterprise Fund
Many cities create dedicated funds for revenues generated from leases of City assets
by private telecommunications companies. A dedicated fund with ongoing revenues—
separate from the General Fund—prioritizes new City/public technology deployment
for future build opportunities (funding for fiber network expansions through
incremental builds/joint trench coordination or for locating new smart city devices
concurrent with expansion of private wireless connectivity).
Creating an enterprise fund helps plan strategically for the years to come when use of
public assets/ROW will increase and could create significant new City revenues. The
unscheduled nature of joint trench/dig once opportunities means cities need a
dedicated funding source outside of the normal budgeting process to take advantage
of open trenches.
The City should consider holding revenues generated by the City through lease or
other agreements for use of City broadband infrastructure – including cellular
antennas on street light poles, placement of cabinets or vaults in the ROW, leasing
land or towers for cell tower installation, dark fiber or conduit occupancy leases, or
other telecom-related/ROW revenue generating activities – in a separate account to
offset maintenance and expansion costs.
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8) Use City Communications to Inform and Promote Use of the FCC Affordable
Connectivity Program (ACP)
The ACP is a major cost-free tool for addressing digital equity issues. ACP enrollment
in South San Francisco (18% of eligible households) is less than half the average level
of both the state of California (38%) and the United States (39%). The City should
support inclusion of Affordable Connectivity Program information in communications
and outreach for communities, consumers and programs to raise awareness of the
ACP benefit and further information on eligibility and enrollment. Examples include
making sure schools, libraries, heath clinics and community centers know about ACP
and have information needed to help eligible students, clients and patrons enroll. Put
outreach materials in the hands of teachers, health care providers and community
workers. These materials are available at ACP Consumer Outreach Toolkit | Federal
Communications Commission (fcc.gov)
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2. Asset Inventory
Inventory and assessment of the City and public infrastructure assets that can be
leveraged for broadband use is an essential first step in developing a comprehensive
broadband strategic plan. Magellan identified significant infrastructure within South
San Francisco that can be leveraged for broadband – whether as locations in the
public sphere or right-of-way to host equipment, conduit and fiber pathways to
connect facilities and neighborhoods, opportunities to deploy smart city devices and
applications, or integration of public and private networks in innovative partnerships.
2 .1 CITY FACILIT Y CONNECTIVITY
The City’s Information Technology (IT) Department manages its existing fiber optic
“iNet” facilities to serve City needs and it plans to extend fiber c onnectivity through
the City to connect all City buildings. Capacity is provided via an enterprise-wide area
network (WAN) built with dark fiber from a private ISP, Wave (now Astound). This iNet
interconnects key buildings at 10 Gbps, with other buildings connected at 1 Gbps.
However, the iNet City fiber does not connect all City locations, does not provide full
redundancy via diverse routing, and does not yet extend up Sign Hill. Expanding fiber
connections up Sign Hill is important for EMS radio communications, expanding Wi-Fi
to the public, fire monitoring and other smart city initiatives. Also, fiber connectivity is
useful to support use of point-to-point technology where fiber is not available (for
example, to Paradise Valley).
The City’s network uses Dense Wavelength Division Multiplexing” (DWDM) to serve
additional sites and support higher bandwidth in the future. DWDM is an optical
technology used to increase available bandwidth on existing fiber optic facilities by
combining multiple signals simultaneously at different wavelengths on the same fiber.
This transmission technique uses multiple light wavelengths or colors to send data
over the same fiber. The City is using this network both for its own needs and to
provision extended reach for private partners, all while avoiding the cost and
disruption of repeated additional construction in the public rights of way.
Figure 3 shows the Community Site connections including the Housing Authority, Boys
and Girls Club, Safe Harbor Shelter, Sign Hill, and Treasure Island Mobile Home and
RV Park; the City Sites are identified in Table 3, below, while the Critical City Sites
design project are identified in Table 1, below. Figure 4 shows the City’s current fiber
networking, fiber routes recommended for connecting additional City and community
sites, adaptive traffic signals in this Plan, all by Council District.
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Figure 3. City & Community Sites & Facilities
Figure 4. City & Community Sites & Facilities by Council District
2 .2 PUBLIC BROADBAND INFRASTRUCTURE
The City of South San Francisco has deployed extensive fiber optic cable and conduit
connecting some City locations (see Figure 5). However, the network has not yet been
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completed into a fully redundant “ring” architecture, and many City sites and assets
are not yet connected to the network. In a ring architecture, each location is
connected to two other locations so that there is a circular ring path for data. In the
event of a fiber cut or equipment failure, the data flow among network locations
reverses and maintains communications between all network locations. One objective
of the Broadband Strategic Plan is to add fiber optic facilities that will provide reliable
redundant network connections for City facilities to maintain City services in the event
of a fiber cut or other disruption. Redundancy is also an essential requirement for any
private partner to use the network to serve its customer.
Figure 5. City-Owned Fiber Optic Cable and Conduit Assets
The City has a total of 19.2 miles of existing conduit, and 4.9 miles of existing fiber
optic cable, as shown in Figure 5.The City has added significant conduit via its open trench
notification/dig once practice, including routes with two (2) 2-inch conduits (alongside conduit
and fiber owned by Intermountain and other providers), signal interconnect cable (SIC) with
spare conduit and wireless devices, and a set of conduits along the 101 for the Smart
Corridors project that uses CCTV cameras, ITS (Intelligent Transportation Systems) devices,
signal controllers, and variable message signs for incident management. Use of existing
conduit and fiber can reduce the cost of fiber deployment. Even if fiber cables are old or
limited in use, they can be replaced in conduit (at incremental cost) with higher-strand cables
to exponentially increase capacity. The City can use conduit for its own purposes, and/or may
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lease it to network service providers to reduce barriers to entry and encourage competitive
broadband services; however, conduit capacity is finite and can quickly be fully exhauste d
with just a couple of carriers pulling in their own cables. A preferred option is to lease fiber
strands themselves to carriers (each of which can be 5-10 microns in diameter), and when
combined with wave division multiplexing technology, high-strand cables (288) can provide
virtually unlimited capacity.
In addition to identifying where conduit is located, each segment needs to be
assessed in future design engineering work for size (diameter) and capacity (the
number of cables already installed in a single conduit, and the number of fiber
strands within each cable that are already in use), as well as condition (physical
damage, bend radius, accessibility, etc.). Conduit does not always need be designated
specifically for broadband/fiber networks; existing conduit structures, such as traffic
signal control networks, street lighting, or even abandoned water/sewer lines can be
rehabilitated and utilized to deploy fiber optic cable. The engineering and labor
required to deploy new underground conduit can represent 35-65% of the total cost
of deployment, so utilizing existing assets can create significant cost savings.
In tables and figures in this Plan, “existing City-owned conduit” refers to conduit
structures that are already placed in the ground and owned by South San Francisco,
which are believed to be available for fiber optic cable placement. Since any existing
asset is subject to damage and decay and therefore may require maintenance or
rehabilitation to be used, proofing of the conduit is a step that will have to be taken to
verify there is continuity from end to end.
Similarly, the City’s existing spare fiber optic cable will need to be tested to ensure it
remains suitable for use. Fiber optic cables have certain criteria that must be met for
proper installation and placement of fiber – for example, no hard 90-degree elbows
can be used and the handholes must be large enough to maintain at least a 24”
diameter loop.
2 .3 CITY TRAFFIC SIGNALS AND
INTERCONNECT NETWORK
Traffic signal poles and associated structures are typically located along major
transportation arterials, which similarly correspond with major commercial corridors,
and are interconnected with electrical and/or signal control conduit networks. Many
signal interconnect networks were originally conduit with twisted copper cables, but
these underground conduit networks can be rehabilitated and used to pull in fiber
optic cable at a fraction of the cost of deploying new underground infrastructure. The
rehabilitation needs to remedy the original construction where copper cable can be
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bent in hard 90-degree angles and wrapped very tightly inside of handholes resulting
in small handholes and 90-degree elbows – fiber optic cable cannot be bent like this.
Nonetheless, alignment with road arterials makes signal control networks potentially
useful assets for cost-effectively deploying new fiber backbones to critical economic
development areas.
There are 98 signals total as shown in the Adaptive Deployment Build-Out shown in
Figure 6 below, including 35 where future controller and fiber connection is planned.
The Critical City Sites design project will provide connections for 13 of these. Backup
and redundancy for this network application is critical so the establishment of
network redundancy in Phase 1 of this Strategic Plan provides means to enhance
redundant communications for the adaptive traffic control system.
Figure 6. Adaptive Traffic Signal Deployment
The City Adaptive Traffic Control System project will allow the City to prioritize
throughput on designated street corridors, select the optimal signal cycle length,
provide smooth traffic flow along a coordinated street corridor, distribute signal
phase times in an equitable fashion, manage the length of vehicular queues, and
actively adapt to changing traffic conditions. This traffic signal network is being
integrated into the City’s overall communications network under this Broadband
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Strategic Plan. Specifically, each phase of the Broadband Strategic Plan includes
placement of fiber necessary to connect adaptive traffic control signals.
The fiber for adaptive traffic control will be connected to the Traffic Management
Center at 550 North Canal. The adaptive traffic signal upgrade will upgrade and
connect all traffic signals in the City with fiber optic networking and some coaxial
cable.
2 .4 CRITICAL CITY SITES NETWORK DESIGN
PROJECT
The City is working concurrently with the planning and design firm Kimley-Horn to
prepare high-level designs, plans, specifications, and estimates for additional fiber to
extend the City fiber optic network and connect nine critical City facilities, as well as
adaptive traffic signals. The project will use a combination of new fiber in existing City
conduit, as well as new underground conduit and fiber to leverage and extend the
City’s current fiber optic network.
The design (see Figure 7) will include lateral connections to nine additional City
locations, as well as laterals for the 13 traffic signal control cabinets that are located
along the planned route. Under this design, the City seeks to pass the maximum
number of commercial sites possible in addition to serving municipal, school, and city
locations with sufficient fiber strands. The design also includes extending a fiber
backbone to two (2) specific neighborhoods to support connecting CPUC-designated
unserved locations through a potential California Advanced Services Fund (CASF)
grant.
Table 1. City Facilities connected by Critical City Sites Network Design Project
Facility Address Department
Library, Parks and
Recreation Center
901 Civic Campus
Way
Library, Parks and Recreation
Police Department
Admin & Dispatch
1 Chestnut Avenue Police
Main Library (future
early learning/preschool)
840 W. Orange Ave. Library, Parks and Recreation
Corporation Yard 550 N. Canal St. Public Works, and Parks and
Recreation
Fire Admin & Station 61 480 N. Canal St. Fire
Orange Memorial Park 781Tennis Drive Parks and Recreation
Fire Station 64 2350 Galway Drive Fire
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Facility Address Department
Westborough Building 2380 Galway Drive Parks and Recreation
Fire EOC - Main 480 N. Canal St. Fire
Figure 7. Critical City Site Design
Magellan has coordinated with and included the Critical City Site Design in the
Strategic Plan. The Magellan conceptual network design includes the cables,
handholes, and broadband infrastructure from the design, and Magellan was able to
work with Kimley-Horn to ensure that fiber access boxes and vaults are placed and
sized adequately to allow for future growth as envisioned in the Strategic Plan.
Estimated construction costs for the Critical City Site design are $1,942,600, which
includes installation of approximately 1.5 miles of 3-inch conduit, 7.7 miles of fiber
optic cable, and required pull boxes, vaults, splice closures, and termination panels.
2 .5 SMART CORRIDOR
Public Works is managing the City’s participation in the Smart Corridor Project as a
member of the City/County Association of Governments of San Mateo County
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(“CCAG”). The South San Francisco portion of the Smart Corridor Project will develop a
traffic management system along key arterial corridors that parallel US-101 and I-280.
This will provide the ability to efficiently manage traffic congestion safely through local
streets during normal operating conditions, major freeway incidents, and special
events. The City is also located along the Bay Area's main transportation routes,
including U.S. Route 101, Interstate 280, Caltrain, BART, San Francisco Bay Ferry, and
the San Francisco International Airport.
Need for the Smart Corridor arises from significant traffic impacts on local streets
during major traffic incidents on US-101 and I-280, due to the significant amount of
traffic that exits the freeway in search of a route to bypass freeway congestion. The
City currently lacks the tools to communicate with dr ivers on preferred alternative
routes, which may result in increased congestion on the local network and
unpredictable travel times.3
The Smart Corridor project is funded from a combination of sources, including the
Transportation Fund for Clean Air fund from the Bay Area Air Quality Management
District, Traffic Light Synchronization Program, Measure M ($10 Vehicle Registration
License fee in San Mateo County), and State Transportation Improvement Program
(STIP) grant.4
The project is being constructed in segments.5 Segment A (Santa Clara County line to
San Bruno) has been completed. Segment C (“North Cities”) is planned, while
Segments D (Future North Cities Stage) and E (Future Phase) are not yet funded.
Segment B in South San Francisco has been designed, however construction has been
delayed due to supply chain issues, permitting conflicts, and unexpected issues and
obstructions in the field while testing.6 Therefore, the term of the funding agreement
with the City has been extended to June 30, 2024. This is the most current date
anticipated for when the City could rely on the project’s fiber facilities for its
networking.
3 South San Francisco Smart Corridor Project Fact Sheet.
4 Smart Corridor | C/CAG
5 San Mateo County Smart Corridor Project Limit and Status, Smart-Corridor-Project-Limits-and-Status-
Map.pdf (ca.gov)
6 C/CAG Agenda Report, June 8, 2023, from Sean Charpentier, Executive Director.
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Figure 8. San Mateo County Smart Corridor Project
The Smart Corridor uses fiber optic communications (6 miles) to connect traffic
monitoring cameras and dynamic message signs and upgrade traffic signal controllers
on local streets adjacent to US-101 and I-280. The Smart Corridor project maximizes
efficiency of the existing transportation network, smoothing traffic flow, which leads
to improved safety and reduced travel times.7
As part of the project, the City will receive two 2-inch conduits for fiber optic cable
from the Smart Corridor contractor. Further, the City and C/CAG will share the 288
fiber optic strands along the smart corridor, set aside the necessary strands for the
project, and lease out the remaining available strands to interested third parties.
Although an agreement has not yet been created, conceptually the City would market
and advertise these available strands, and net revenues remaining after deduction of
the City’s administrative expenses would be divided equally between the City and
CCAG. These net revenues to the City could be a funding source for the Technology
Enterprise Fund (below). Use of the fiber, over and above the strands that are
required for the Smart Corridor project, may include using or marketing the fiber for:
7 South San Francisco Smart Corridor Project Fact Sheet.
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• Smart City applications beyond traffic management such as public safety
cameras, free public internet via wi-fi, Supervisory Control and Data Acquisition
(SCADA) connections8 for pumps and meters, smart streetlights, parking
management, etc.
• Future-proofing the network to support emerging applications such as
Emergency Vehicle Preemption (which is planned) and connected vehicle needs
via next generation 5G and 6G wireless services which must be connected with
fiber backhaul.
• Digital Inclusion and Literacy programs including programs and services for
internet access for libraries, parks, community centers, low-income housing,
etc.
• Public/private partnerships for connections for City assets.
• Connections for public/non-profit organizations.
• Connections for community anchor institutions which could generate revenue
by connecting hospitals, private schools, and religious organizations.
• Connections for businesses which could generate revenue.
• Commercial leasing of assets to providers or through partnerships.
2 .6 CALIFORNIA MIDDLE MILE BACKBONE
INITIATIVE
The State of California has been very active in designing and implementing broadband
policies to expand broadband availability and digital literacy in the state. Governor
Newsom made significant findings in Executive Order N-73-202 issued on August 14,
2020, addressing the need for improved broadband services, closely followed by
passage of Senate Bill 156, which addressed broadband through the 2021 budget
package.
The state middle-mile network is well underway, with portions of the network being
planned and designed within the City of South San Francisco along California State
Routes 35 and 82 and U.S. Highway 101, although the planned alignment of the route
along SR82 was shifted to the east in the August 2023 draft design. Further
modifications to the planned MMBI routing are possible as the project moves into the
final stages of design.
8 Security considerations are addressed by using separate fiber strands within the 288-strand cable for
this networking.
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Figure 9. California Planned Middle Mile Backbone Initiative (MMBI)
The anticipated routing of the Middle Mile Backbone Initiative (MMBI) in South San
Francisco will provide a public-access fiber infrastructure that can provide the City
long-haul data transport access to data centers and internet exchanges in San
Francisco, Los Angeles, San Jose, Palo Alto, and elsewhere. Traditionally, these long-
haul transport routes would need to be leased from private organizations.
Additionally, the MMBI can be utilized to complete local network loops in concert with
this Strategic Broadband Plan and its phases to ensure City redundancy without
having to construct and install new routes, creating significant cost savings. The
construction of the MMBI will provide both cost savings and enhanced network
reliability for the City’s fiber optic backbone.
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3. Needs Assessment
The needs assessment was built on a prior assessment of the City’s wireless
connectivity requirements conducted by Magellan in 2022. For this Broadband
Strategic Plan, Magellan also conducted 17 meetings and interview sessions with over
40 individuals from throughout City departments, the City Manager’s office and
elected officials and multiple community-based organizations.
3 .1 INDICATORS OF NEED
The Federal Communications Commission (FCC) identifies a location as “unserved” if it
cannot secure fixed (wired) broadband services from any carrier and qualifies a
location as “under-served” if it cannot access broadband download speeds above 25
Mbps. However, the State of California and the CPUC uses a higher standard:
locations receiving less than 25 Mbps download and 3 Mbps upload, or if the only
option for internet access is a legacy Digital Subscriber Line (DSL) copper connection,
are essentially “unserved” – and anything less than 100 Mbps download and 25 Mbps
upload are “under-served.”
The City has many addresses that qualify under California’s minimum standard for
broadband service, which include locations with legacy DSL connections, as identified
in Figure 10.9 However, this CPUC map shows unserved addresses based solely on
whether any ISP carrier is physically capable of providing service – it does not take
into account individual household constraints or barriers if/when service is able to be
provided. Many households lack an internet service or connection not due to any
technical limitations of the ISP, but because of income or other socio-economic
factors (language barriers, digital literacy, etc.) – commonly referred to as the “Digital
Divide.”
9 Source: CPUC SB 156 Last Mile Federal Funding Account Public Map, A ugust 21, 2023: Unserved
locations lacking access to wireline 25 Mbps downstream and 3 Mbps upstream excluding legacy
technology (e.g. Digital Subscriber Line and Cable DOCSIS 2.0 or older)
https://federalfundingaccountmap.vetro.io/map#11.31/38.6185/-121.4896
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Figure 10. CPUC FFA Unserved Locations
Digital Divide and Digital Equity
The Digital Divide and improving Digital Equity were significant concerns of the City
leadership and management. Digital Divide is the division between households,
individuals, and businesses where there are disparities in the access to the internet.
Digital Equity is the concept that every person should have equal access to digital
technologies including affordable and reliable internet access, computers and devices,
educators who are adept at using the technology and digital literacy. Most of South
San Francisco is served by the local incumbents, yet there are geographic and socio-
economic gaps within the City where broadband adoption rates lag behind state and
national averages as shown in Figure 11.
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Figure 11. Census Map/Digital Equity Act Population Viewer10
In late 2021, the Federal Communications Commission launched the Affordable
Connectivity Program (ACP) that helps households secure affordable broadband by
subsidizing up to $30 per month for an internet subscription. Households with
incomes less than 200% of the federal poverty guidelines are eligible for the subsidy.
However, participation in the program requires households apply through a
government website, which is not often readily apparent or accessible from the
carriers’ sales websites, which can contribute to low participation rates.
Table 2. Affordable Connectivity Program (ACP) Participation11
ELIGIBLE
HOUSEHOLDS
PARTICIPATING
HOUSEHOLDS
%
PARTICIPATION
UNITED STATES 51.6 million 17.7 million 39%
CALIFORNIA 5.8 million 2.2 million 38%
SOUTH SAN FRANCISCO 6,790 1,232 18%
The City’s rate lags behind the state and national average, and indicates there are still
many eligible households within the City that could utilize the program to significantly
reduce their monthly costs for internet services.
10 Source: American Community Survey (ACS) Internet Connectivity Variables – Percent of Households
with No Internet Access (2019)
11 Source: https://www.educationsuperhighway.org/no-home-left-offline/acp-data/#dashboard
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When a community has broadband coverage but low adoption rates/usage, the cause
is usually one or more challenges related to the Digital Divide. The causes of the
Digital Divide vary, and solutions should be tailored to not only a specific City, but
even to individual communities. There are five common causes of the Digital Divide:
Affordable Internet Access
The cost of internet access varies by location and by the provider. Most cities have
areas that are economically distressed and are comprised of households that do not
earn enough income to support adequate broadband services. Not being able to
afford internet access is an issue by itself; however, this can lead to several secondary
impacts and a downward spiral for these households, as the internet is critical for
finding gainful employment, participation in key educational activities, and accessing
healthcare.
The pandemic highlighted and pushed forward the online nature of the world
economy and forced many activities that were normally done in person to be done
online, including banking, health care, distance learning, and shopping. When
households are unable to participate in these activities because they don’t have
internet access, the digital divide actually widens. The FCC’s Affordable Connectivity
Program is one tool that can help lower the monthly recurring cost for broadband
connectivity; however, even with a $30/month subsidy, a $70-80/month broadband
bill can be unaffordable for many households. In the stakeholder focus groups, many
stakeholders expressed substantial concerns about affordability of internet access.
No Access to Technology Devices
To access the internet, an individual must use a device, smart phone, tablet,
computer, etc. These devices can be expensive, and unlike the monthly subscription
cost of internet access, devices require a significant up-front investment of hundreds
of dollars. Many households simply cannot afford these devices, especially when
technology advancements make devices obsolete after a couple of years. Many local
community-based organizations and non-profits refurbish donated electronic devices
and distribute them to households without access. This suggestion was made in
several of the stakeholder interviews.
Digital Literacy
Many households and individuals have internet access and devices to use but lack
Digital Literacy (the knowledge and technical skills to access and use the internet).
This issue is particularly pronounced among older and low-income households.
Community-based organizations can often help build digital liter acy through outreach,
community forums and classes, or targeted programming. This concern was noted in
the stakeholder interviews.
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Geographic Limitations to Broadband
Incumbent providers prefer to build in areas of high density; areas where the houses,
multi-dwelling units, or businesses are too far apart make it difficult for private
companies to achieve a return on investment in the short periods of time they seek to
repay capital. This results in areas with low density – particularly rural or semi-rural
areas – having a lack of private infrastructure and, thus, insufficient internet services.
Cities that have this issue must create an environment to entice providers to build in
these areas, or the City must build it with public funds to support their constituents.
Language Barriers
Many households speak English as a second language, but many resources –
particularly those centered around technology – are not accessible without strong
English skills. Again, community-based organizations can be the bridge for this
challenge with digital navigators, programming, classes, and targeted outreach for
those households. This concern was noted in stakeholder interviews.
Stakeholder Input on Digital Literacy and Equity Concerns
• City and community leaders confirmed that digital equity is a significant issue
across the City. The COVID-19 pandemic tested broadband capacity with
changes to routine events, including virtual school, work-from-home, virtual
worship meetings, and conducting more business online. This raised challenges
related not only to connectivity, but also to access to computers and other
devices. Stakeholders noted libraries have had a central role in digital literacy
training. Patrons can make appointments and get assistance over the phone to
use Zoom or other remote technology platforms. The libraries offer programs
on how to use LinkedIn or databases to find customers for small businesses.
• Many library patrons can't afford broadband or don't have a device. Lower
income households only have one device with multiple simultaneous uses and
users. Facilities located in lower-income areas do community outreach and
advertising and work with seniors. Stakeholders noted the libraries offer a low-
literacy program version with English or Spanish literacy skills, funded by grants
through the Community Learning Center.
• Stakeholders expressed the need for additional Wi-Fi capacity. Cost and
affordability is a big challenge. The libraries have been looking at adding Wi-Fi
to “Learning Wheels,” a pre-school on wheels with a childhood learning station
that goes to WIC centers, events, and daycares, which sees a few thousand
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families a month.12 The library looked at lending hotspots and ways to give or
loan devices but could not commit to the upfront cost of devices or regular
charges for cellular Wi-Fi hot spots.
3 .2 2022 WIRELESS STUDY FINDINGS
In the 2022 Wireless Feasibility Study, Magellan interviewed over two dozen City staff
members regarding broadband connectivity. Department staff described
requirements for additional broadband infrastructure including provision of wireless
broadband service for Westborough, digital inclusion programs focused on working
families and small businesses, and commute/transit for tech workforce. Anecdotal
accounts are that “Westborough feels it keeps getting left behind” and internet
services are “terrible.”13 Key findings from the Wireless Feasibility Study included:
• The City has key programs in Community Learning Centers, Parks and
Recreation Centers, Economic Development, and Public Works that could
benefit from greater connectivity but also could be leveraged to improve
availability and benefits of broadband. Emergency services, first responders,
and other public safety personnel have evolving needs related to changes in
how they monitor and respond to incidents.
• All cell carriers have cell sites in South San Francisco where they have deployed
some 5G with approximately 100 Mbps download speeds. But some areas of
the City have poor coverage, including critical facilities like fire stations. Cellular
boosters have been considered for fire stations to keep engines continuously
connected when they move or are stationary. Police have problems with mobile
data connections in much of Westborough, including Westborough Square.
• The key broadband needs seem to be related to wireless connectivity for
municipal functions, including event and visitor connectivity at parks and other
facilities. Field access for City personnel was inconsistent, as was Wi-Fi
coverage. Cellular coverage in some areas is excellent—high-speed 5G—while
other areas seem to have little or none. More broadly, the City needs to balance
tech industry development with housing costs, retaining support industries,
and traffic management.
12 FCC Chairwoman Rosenworcel announces “Learn Without Limits” initiative. DOC-394625A1.pdf
(fcc.gov). This initiative would allow funding by the FCC’s E-Rate program for Wi-Fi on school buses and
Wi-Fi hotspots for schools and libraries to check out to patrons or students in need.
13 2022 Broadband and Wireless Feasibility Study, “Needs Assessment” beginning at page 36.
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3 .3 STAKEHOLDER INPUT
For this Broadband Strategic Plan, Magellan conducted 17 meetings and interview
sessions with over 40 individuals from City departments and multiple community-
based organizations. With the help of the City’s Information Technology department,
Magellan organized stakeholder meetings to obtain input on broadband needs and
goals. The stakeholder meeting participants are listed in Appendix A. The stakeholder
meetings included discussion of current broadband connectivity and how well it
meets current needs, pending changes or plans that impact connectivity needs, longer
term goals and priorities that will require improved faster broadband connectivity,
and any general issues or trends that are expected to impact broadband connectivity
needs.
Magellan created a standard questionnaire for use in the meetings to ensure
discussions were consistent and covered all key topics. The City’s Information
Technology Department took the lead in identifying critical stakeholder organizations
and leaders and scheduling the meetings. The City and Magellan sought input from
City departments, civic leaders, anchor institutions, leaders in health, education, social
services, public safety, and other community leaders. Magellan greatly appreciates
each of these organizations taking the time to make senior management available to
discuss their perceptions of broadband availability and broadband needs in the City.
The content in this section came directly from interviewees, not from Magellan
personnel. The views expressed by stakeholders in the interviews as outlined here do
not necessarily reflect the opinions or recommendations of Magellan.
City leadership desires the Broadband Strategic Plan to be a “living document,” so that
as goals are reached it can be updated to address “then what’s next” questions.
Businesses were not contacted for the stakeholder outreach since the City has not
received complaints from businesses about broadband availability and it is believed
that businesses generally have been able to meet their broadband needs in the
marketplace. Magellan reached out separately to broadband providers to assess their
interest and willingness to participate in building fiber optic broadband capacity
under a yet-to-be-defined partnership (or licensing) agreement. In this outreach
Magellan leveraged the Service, Infrastructure and Market Analysis conducted in the
previous Broadband and Wireless Feasibility Study.14 These discussions have further
relevance for the City, as described in Section 6 on Public/Private Partnership
Considerations for the City.
14 Broadband and Wireless Feasibility Study, beginning at page 27.
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City Agency and Department Needs
Individual city departments’ communications with the IT department on broadband
capacity needs have worked well to ensure connectivity needs are met. In some cases,
these communications include annual needs assessment meetings conducted with
service providers. City managers noted and agreed there could be better coordination
between departments and that there is not presently a good venue for such
collaboration. One coordination gap was exemplified by streets being dug up for a
project after recently being repaved. These discussions precipitated sharing the
schedule of projects between IT and Public Works which should have future benefit
and provide a stronger implementation of the City’s open trench notification (“dig
once”) policy.
Project coordination is especially ripe for implementation since the City is starting a
Five-Year pavement rehabilitation program throughout the. It is important that
projects – including broadband projects – do not cut streets that were recently (in the
past five years) rehabilitated. Public Works believes a “road moratorium” (a master
list, curated by the City, of recently paved roads that are prohibited for a period of
time from new excavation) would benefit the City by protecting its assets – newly
paved roads.
The City’s departments noted that inconsistent wireless connectivity affects staff in
the field as well as SCADA and metering applications. Any steps that can be taken by
the City to bring wireless connectivity up to an adequate level across the community
would be beneficial for department staff as well as residents and businesses. Many
departments stated additional cameras are a priority, including Parks and Recreation
for diverse uses such as preventing illegal dumping, security, nature cameras, etc.
Broadband network expansion was envisioned to support future Centennial Trail
improvements incorporating Wi-Fi/wireless use. The extended fiber optic network can
also be designed to include Westborough Park access through community centers
and meet broadband connection needs for additional fire station and library
locations. These are features of the Critical City Sites Network Design currently being
conducted by Kimley-Horn.
City departments and agencies also emphasized other specific needs, goals and
objectives:
• Fire Stations 62, 64, 65, Paradise Valley Park, and Terra Bay Gymnasium are
without fiber connectivity. The City will need to provide these fiber connections
since the iNet does not provide fiber services to these locations.
• Better coordination between departments on broadband is needed; there is
not currently a good venue or process for coordination.
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• The cost for asset installation, inspections, and application must be considered
if conditions are added for placement of broadband connections (including for
City CIP projects).
• Departments are aware of and considering various potential Smart City
applications where they benefit City operations, including smart sprinkler
systems for fire control and public safety cameras. Potential applications
include building management systems, irrigation controllers, IOT trash cans,
smart lighting, smart parking meters, air quality sensors, security systems, fleet
management systems and intelligent transportation applications. However,
there is not a formal focus on this at present.
• Cameras and video are a priority application for many departments, which
require fiber connectivity.
• Expansion of Wi-Fi coverage is a programmatic need for many departments.
• Mobile and wireless coverage requires improvement for public safety to
eliminate dead spots and dropped calls. Fiber is needed on Sign Hill to provide
backhaul capacity for wireless services and provide capacity for adjacent City
parks and locations.
• A street moratorium is important since significant pavement rehabilitation has
recently been completed.
• Current planned and ongoing projects will support fiber connectivity to
upgrade traffic signals to provide management, Emergency Vehicle Preemption,
and other traffic control capabilities.
• Latency and transmission issues are a problem with current wireless systems
used by Water Quality Control Plant Division. A different solution is needed.
City Council Input
The Council members interviewed emphasized certain key goals and objectives.
The COVID 19 pandemic – a time when connectivity was imperative – showed where
those residents without adequate broadband live and work in the community, and the
difficulty this underserved group of people had in connecting for community and
government services. It is essential for the City to promote and provide affordable
internet connectivity throughout the City; the City’s fiber optic network can be
deployed to support that goal. Fiber optic connectivity needs to be extended to many
locations, including Oyster Point, the Westborough neighborhood, community
organization locations, City parks, community Wi-Fi, and kiosk locations on major
streets.
One key goal is for the City to be an “age friendly city”. This has several implications
for broadband infrastructure and digital literacy programs, specifically at tech centers,
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housing authority locations, senior homes, and community organizations including
the Economic Advancement Center, potentially through partnerships with the life
science employers in the City.
The City should be “in charge of its own destiny” for broadband facilities supporting
government and community services. This will allow the City to connect new facilities
when needed, provide affordable internet for community organizations, and expand
affordable internet to underserved areas of the City, such as the Westborough
neighborhood,
A City-wide fiber optic network is essential infrastructure to support City services
including adaptive traffic management for efficient traffic flows, the County-wide
“Smart Corridor” initiative, “Smart City” applications where City departments can
achieve efficiencies and service improvements, support for the trend of expanding
“Internet of Things” applications, City-wide wireless coverage for efficient and
productive work by City employees and contractors in the field, increasing use of
video for security and operational purposes, online registration and classes,
permitting applications, Wi-Fi for recreation and events throughout the City including
markets, food trucks, and point of sale applications, and economic development of a
modern City.
The City has a longer-term financial framework for infrastructure used to provide
services. and plan for broadband infrastructure. A sustainable strategy requires the
fiber optic network prepare and budget for regular technology refreshes.
Community Organizations
Magellan and the IT Department interviewed several community organizations to gain
insight into broadband issues that might exist in the social services sector. These
community organizations15 were:
• The Housing Authority
• Rotary Terrace
• Economic Advancement Center (EAC)
• Samaritan House and Safe Harbor
• Boys and Girls Club
A major theme shared by the community organizations revolved around affordability.
The COVID-19 pandemic starkly highlighted the digital divide, particularly among
underserved and low-income groups struggling to access community and government
15 The City provides internet access connectivity for the Community Learning Center and the Economic
Advancement Center.
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services. This issue underscores the overarching concern for affordable internet, a
challenge faced by all organizations.
Each of these community organizations stressed the crucial importance of
affordable internet. Internet access remains out of reach for a significant portion of
the population since many residents and clients have fixed and limited incomes. The
Federal Communications Commission's new Affordable Connectivity Program is
designed to address this issue. Effective outreach by the City and its community
service partners is necessary to ensure program utilization.
Access and affordability challenges persist, especially among clients on fixed incomes.
Restricted building access limits options to incumbent providers, stifling customer
choice and competition. Additionally, limited Wi-Fi availability and technical familiarity
pose barriers. The scarcity of shared computers in lab settings compounds the
problem.
Internet access helps meet crucial needs for residents and clients at these community
organizations, including digital literacy and training, job training, work force
development, youth training for software development and technical jobs, resume
services, business plans, accommodating the change to greater use of e-commerce,
STEM classes, schooling and homework, rehousing, online tenant portals, etc.
Addressing the challenge of English as a second language is also critical in plans to
ensure inclusivity.
While some organizations possess adequate basic broadband access, there are critical
concerns and needs that require attention. These organizations' broadband access
might not seamlessly extend to their clients and residents due to limitations in
availability of internet access, devices and computer labs and Wi-Fi networking. For
instance, a community organization in Sunshine Gardens had to resort to StarLink as
a temporary solution due to limited wired or wireless provider access.
The City's allocation of COVID pandemic relief funding played a pivotal role in funding
broadband connectivity programs. This was evident in the Economic Advancement
Center's provision of free connections, laptops, job training, and housing assistance to
hundreds of clients daily. The need for continuing such programs and expanding
them to co-working spaces, e-commerce support, and incubator/accelerator spaces is
clear. Additionally, addressing digital literacy issues in South San Francisco is essential
to ensure equitable access and foster technical education and training.
Despite the Library's current efforts in digital inclusion, there remains a need for
additional resources to enhance their impact and address the community's needs
effectively. Collaborations between the City and various organizations have spawned
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digital inclusion programs, but stakeholders emphasize ongoing evaluation and
augmentation to cater to South San Francisco's diverse population.
The vision of revitalized Senior Centers aligns with South San Francisco's commitment
to becoming an "age-friendly" city. The demand for Wi-Fi in community centers and
the popularity of senior technology programs underscore the need to cater to the
technological requirements of an aging population.
The community service organizations noted that their needs typically are separated
between office and administration versus resident/client needs.
Wireless Access
Several locations around the City are well known to suffer from poor wireless
connectivity, and were documented in the 2022 Broadband and Wireless Feasibility
Study:
1. Sunshine Gardens
2. Westborough area
3. Sister Cities Boulevard area
4. Hillside and Chestnut area
5. Oyster Point
Poor wireless coverage affects the public, community service organizations, public
safety, and field staff of city departments among others. Two suggested solutions
were to expand public Wi-Fi and extend city fiber into these areas to stimulate and
support wireless providers.
The interviews identified numerous locations where public Wi-Fi could be beneficially
expanded, many reinforcing the information and conclusions in the 2022 Broadband
and Wireless Feasibility Study:
• The City leveraging its existing assets to create a South San Francisco
Broadband Utility that provides wireless connectivity throughout the City in
partnership with a qualified wireless network operator to oversee the
maintenance of the network. Digital inclusion programs should be integrated
into the program’s governance structure.
• Use existing City-owned fiber-optic cable, including the new fiber being placed
from the downtown area to Highway 35, Skyline Boulevard, to support better
broadband and cellular coverage in the Westborough neighborhood, including
CBRS. Encourage and partner with the cellular providers to increase the
coverage in the Westborough neighborhood. This is being accomplished with
the Kimley-Horn design.
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• Deploy a new underground fiber route at Sign Hill Communication building
which is included in Phase I which is to connect additional City locations.
• Deploy three new wireless/radio access points, one in the Westborough area,
one on Sign Hill, and one at City Hall.
• Provide for the expansion and deployment of wireless antennas in the low-to-
moderate income areas of the City using the South San Francisco Broadband
Utility. The network as designed in the Broadband and Wireless Feasibility
Study served two zones south of Sign Hill which were identified as locations
where residents struggle with affordability. Deploying free Wi-Fi in these zones
will enhance the ability to access broadband.
• Support digital inclusion programs including ongoing digital inclusion efforts by
the Library’s Community Learning Center, and the Robert Cerri Teglia
Recreation Center as well as exploring other digital literacy programs and
groups such as National Digital Inclusion Alliance, the International
Telecommunications Union, makers spaces, and other successful programs.
These programs should be integrated into the governance of the Citywide Wi-Fi
network, overseen by an advisory group, to ensure the most community
impact.
3 .4 CONCLUSIONS AND IMPLICATIONS
The key findings from our stakeholder outreach and needs assessment are:
• Despite having multiple ISPs serving the City, there are pockets of unserved
locations and significant households with no internet connectivity, suggesting
the City faces a Digital Divide where affordability or other socio-economic
factors are preventing universal access.
• Affordable internet is an overarching concern, with limited-income residents
unable to afford access.
• There is broad agreement on significant digital divide and digital equity
concerns in the City. The Pandemic exposed these divides which limited access
to essential services in the underserved communities at the worst possible
time. There is community support for the City should take reasonable steps to
address those concerns, including using the City’s broadband infrastructure to
aid in bridging the divide.
• The California Public Utilities Commission map of unserved locations, and the
Census Bureau’s Digital Equity mapping align to show concentrations of
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unserved locations in South San Francisco neighborhoods east16, Downtown17
and northwest18 and southwest (Westborough). This confirms the views of City
leadership and department managers as well as needs identified by
stakeholders.
• The City has substantial fiber optic networking today that can be economically
leveraged with additional broadband infrastructure to create a City-wide
diverse and redundant network that can connect all City and community
locations and addresses digital divide and affordability concerns.
• The City’s need for additional fiber connectivity is evident in various contexts.
o Cameras for CCTV and Wi-Fi require fiber connections spanning multiple
City departments.
o The absence of Wi-Fi on the Centennial Trail highlights the potential
benefits of fiber connectivity for future trail enhancements.
o Some key city locations such as fire and police stations, Main Library,
parks and gymnasiums, community centers, wastewater and sewer plant
need fiber connectivity.
o Community service locations need better broadband connectivity.
o The Smart Corridor and adaptive traffic signal programs are underway
which are based on fiber optic connectivity.
• There are gaps in wireless broadband coverage across different City areas.
These gaps hinder public safety, event and visitor connectivity, and wireless
broadband availability to businesses and residents. City fiber connectivity for
backhaul and support of Wi-Fi can help fill this gap particularly in the Sign Hill
and Westborough areas.
• An emerging driver for increased bandwidth demand is the growing use of
bandwidth-intensive applications, including security cameras utilizing cloud-
based architecture. With computer applications moving to the cloud,
broadband requirements intensify.
• The City’s Open Trench Notification policy and road moratorium policies are
working to support efficient and effective placement of broadband
infrastructure, discouraging utility providers from uncoordinated actions that
excavate newly paved roads, while incentivizing cooperation for facility
placement.
16 Bounded by California Avenue and Randolph Avenue, Airport Boulevard and North Spruce/Maple
Avenues.
17 Generally, between Chestnut Avenue and Airport Boulevard, Railroad Avenue and Miller Avenue.
18 Bounded by Chestnut Avenue and Evergreen Drive, Hillside Boulevard and Grand/Miller Avenues.
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• The City can play a role in addressing connectivity disparities by extending its
fiber optic network. Community Service organizations struggle to afford
adequate broadband capacity, hindering their ability to serve clients effectively.
The City's involvement could encompass various initiatives, such as providing
Wi-Fi coverage in community organization complexes, negotiating broadband
contracts which these organizations are allowed to use, and donating used City
computers and computer furniture for shared community labs. Efforts to
enhance wireless connectivity in poorly connected areas, like Sunshine
Gardens, Westborough, and the North-Central edge of the City, will be
invaluable. Extending the City's fiber network supports wireless applications
(Wi-Fi/CBRS), while also tackling issues of digital literacy and basic skills among
residents.
• Broadband internet access addresses vital needs, including digital literacy, job
training, education, e-commerce, and support services for residents and clients.
• Addressing English as a second language is crucial for fostering inclusivity and
equitable access.
• Broadband funding, co-working spaces, and technical programs are essential
for community empowerment, including seniors, as the City strives to be "age-
friendly."
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4. Broadband Policies &
Initiatives
Broadband-friendly policies and initiatives play a pivotal role in facilitating the
deployment of new infrastructure and capabilities while keeping costs minimal
through efficient coordination between departments, public agencies, and utilities.
South San Francisco (SSF) has embarked on a path to implement a range of these
forward-looking policies, fostering an environment conducive to improved
connectivity and digital inclusion. Building upon these initiatives, the city is poised to
bridge the digital divide, empower its residents, and enhance community services.
4 .1 DIG ONCE/OPEN TRENCH NOTIFICATION
ORDINANCE
In 2019, the City adopted an ordinance19 to create an “open trench notification” policy,
which recognizes the importance of broadband to the City and the many benefits of
project coordination and “digging once” to deploy broadband infrastructure. The
ordinance is based on recognition that broadband is a necessity for residents and
businesses, supports economic and educational development, equal access to
opportunities and higher standard of living, and incentivizing collaborative projects to
develop the City’s broadband network while preserving public investment in streets
and public infrastructure while reducing traffic congestion and disruption of public
access.
The Open Trench Notification procedure under the ordinance is administered by the
Public Works Department. The procedure is triggered when applications for
excavation in the public right of way meet certain criteria: specifically, if the excavation
project spans 900 feet, three city blocks, involves terrain that is difficult or expensive
to traverse (such as a bridge), or is an element of a larger project that will install or
upgrade utility infrastructure, the notification procedure will be triggered. Also, more
generally the notification procedure will be triggered if the project involves
construction that will result in an excavation that could reasonably include or prepare
for the installation of broadband conduit.
19 City of South San Francisco Municipal Code, Chapter 13.40 Open Trench Notification and
Telecommunication Infrastructure Improvements (qcode.us)
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Public Works manages a list of telecommunications providers that it uses for open
trench notifications which includes a blank Notice of Intent to Participate (NOIP) in
collocating facilities in the project area. Any NOIP is reviewed by Public Works and
sent to the project applicant for subsequent negotiation with the third party
submitting the NOIP. If agreement is reached the encroachment permit will be
amended and work will proceed.
This process is also used for improvements to be constructed as part of the City’s
Capital Improvement Projects. The City should take advantage of the Open Trench
Notification policy wherever possible to reduce costs of placement of new fiber optic
facilities to extend the City’s network. The “Open Trench Notification Policy and
Procedure” currently provides the joint trench opportunity along San Mateo Avenue.
In this instance, joint trenching allows the City to complete a fiber ring which in turn
provides network redundancy.
Note how the open trench notification and road moratorium policies work together to
achieve the desired outcome of efficient placement and protection of City assets and
investment. Open Trench/Joint trench provides an incentive and opportunity f or
service providers to install facilities at incremental cost to a planned project. A road
moratorium implemented by Public Works will place costs on utility providers that
excavate newly paved roads thus recovering at least part of the diminished value of
City investment in roads due to pavement cuts. The road moratorium disincentivizes
utility providers from “going it alone” without project coordination while the open
trench notification policy provides the incentive and opportunity to cooperate and
place facilities at incremental cost.
Beyond repaving projects, network infrastructure can be economically deployed in
conjunction with other infrastructure projects. The “smart corridor” cooperation is a
significant example. Similarly, the City is completing a City-wide adaptive traffic signal
project based on extensive fiber deployment to connect all city traffic lights back to
the Traffic Management Center.
4 .2 CAPITAL IMPROVEMENT PLAN ANALYSIS
A Capital Improvement Program (CIP) outlines the planned and ongoing capital
projects for a city that maintains or replaces existing infrastructure assets such as
streets, sidewalks, lighting, parks, and wastewater/sewer lines, facilities, or construct
new assets. Long-range projects may involve significant excavation and improvements
that provide the opportunity to jointly deploy broadband assets at incremental cost,
typically through adding communications conduit to open trenches/excavation, or by
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planning for wireless/Wi-Fi capabilities and smart city applications on poles, public
buildings, or other public areas.
As a key task in its scope of work, Magellan met with senior City managers to discuss
capital projects as they might relate to economic and efficient broadband expansion.
Several projects have already incorporated broadband connectivity planning,
including:
• The new Community Civic Campus that includes a new library, parks &
recreation facility, council chambers, and a police operations/9-1-1 dispatch
center.
• Smart Corridor SSF Expansion, which implements Intelligent Transportation
System (ITS) equipment such as an interconnected traffic signal system, close
circuit television (CCTV) cameras, trailblazer/arterial dynamic message signs,
and vehicle detection system for managing the system during non-recurring
traffic congestion cause by diverted traffic due to major incidents on the
freeway.
• Pre-School, W. Orange Avenue Library re-use
• Adaptive Traffic Control System, citywide deployment
• Mission Road Rule 20A Project
Magellan further evaluated each project in the current CIP for potential additional
broadband opportunities: deploying new communications conduit in open trenches,
connecting new or existing City assets, expanding community Wi-Fi or wireless
distribution points, or to take advantage of critical bridge, creek, or freeway crossings.
Many projects appear to provide some opportunity – typically to jointly install
communications conduit at the same time that a trench or other excavation takes
place (also known as “dig once”). The engineering and labor of digging a trench (or,
even more costly, directional boring) accounts for 35-65% of the total cost of
deploying underground conduit; open excavation allows conduit to be placed
simultaneously at a fraction of the normal cost. Even if the planned CIP excavation is
minimal – for example, adding conduit to just a single block or section of road, or
providing conduit for a key bridge, road, or waterway crossing – adding the
broadband asset during other planned construction provides significant cost savings
and can, over time, assist in incrementally building a robust public fiber optic network.
Magellan identified 23 CIP projects with potential opportunities for broadband
expansion, as noted Appendix B. These projects should be reviewed in greater detail
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by the appropriate City department to verify and confirm the process for
incorporating broadband.20
4 .3 LINDENVILLE SPECIFIC PLAN
Lindenville, located just south of downtown, is undergoing a transformative phase.
The City’s 2040 General Plan Update identified a Vision for the Lindenville sub-area as
“a vibrant and inclusive neighborhood that maintains a base of job opportunities,
promotes the creative economy, and creates a new residential neighborhood where
all people can thrive.” On September 27, 2023 the City Council adopted the
Lindenville Specific Plan, which incorporates a range of land use alternatives that will
guide future development.
The primary objective of the Lindenville Specific Plan is to actualize the General Plan's
vision for the area by creating a vibrant mixed-use neighborhood, a thriving
employment hub, and an arts and cultural center. The plan aims to introduce fresh
possibilities for residents to both live and work in the vicinity while enhancing
circulation, establishing new green spaces, and improving the streetscape.
The Specific Plan21 establishes four distinct Character Areas:
➢ A “mixed use neighborhood” which balances a mixture of housing, retail and
services, open spaces, civic uses, and legacy industrial uses, centered around a
transformed Colma Creek.
➢ South Spruce Avenue Corridor is “an active, safe, and inviting corridor for living,
shopping, and working.” Included are mixed use housing types and a “node of
publicly-accessible active ground floor uses such as retail, restaurants, and
clinics”.
➢ An “employment area” with a mixture of warehousing, manufacturing,
processing, and storage and distribution uses” with incentives to modernize the
industrial building stock.
➢ The South Linden Arts and Makers District with a variety of uses “to promote
arts and cultural identity, including live-work housing, studios, makers spaces,
and supportive uses such as restaurants and bars.
20 Appendix C of the Broadband and Wireless Feasibility Study contain further details on state and
federal broadband policies that can incentivize joint deployment of utility assets while discouraging “go
it alone” projects.
21 City Council Agenda Item #14; Report regarding adoption of documents re lated to the Lindenville
Specific Plan, associated General Plan amendments, Zoning Code Amendments, and Addendum to the
2040 General Plan Environmental Impact Report; Agenda Date September 27, 2023 .
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The Specific Plan Vision includes creation of new housing opportunities and
community services; creation of a second generation industrial neighborhood that will
support emerging industrial and creative uses; retention and creation of new creative
uses in the Arts and Makers District; a blue-green infrastructure network to build
climate resilience; enhancing open spaces; protecting residents and building
occupants from air pollution and industrial pollutants; and connecting communities
with a mobility network that is multimodal, safe, and connected.
The LIndenville Specific Plan addresses infrastructure as one component:
As Lindenville evolves, it will be presented with a new set of challenges
as the types of uses in the Plan Area change combined with advances
and innovations in technology, changes in policy, and shifting patterns in
climate conditions. A sustainable future vision for Lindenville calls for
the development of infrastructure solutions to support the Specific
Plan’s vision for a new Mixed Use Neighborhood, an increase in
residential population, and utilization of green infrastructure for
stormwater management and public realm enhancement. … Existing
infrastructure, built out before the 1990s for an almost exclusively
industrial land use base, could adequately serve the Plan’s build out
scenarios by planning for changes to peak usage patterns, strategic
improvements and maintenance, and new development and adaptive
reuse standards.22
The Lindenville Vision will require high speed broadband infrastructure, which is now
often considered in new development as the “4th Utility” (in addition to gas, water and
electric). Decades ago, telephone utilities were installed in Lindenville for prior
industrial uses, which is inadequate and outdated for two reasons – current
broadband use in Lindenville is relatively light, given the present industrial character
and the lack of modern fiber infrastructure. Key telecommunications stakeholders
acknowledge the challenges and costs associated with placing updated broadband
facilities to serve areas previously in industrial use.
The redevelopment contemplated by the Specific Plan presents the opportunity to
significantly improve and organize “dry” utility infrastructure by undergrounding
existing electric and broadband lines. Undergrounding utilities will provide the
opportunity to place conduit for fiber optic cable, reduce the likelihood of outages and
disruptions while enhancing community aesthetics. Undergrounding dry utility lines
22 Lindenville Specific Plan, Chapter 7 – Infrastructure, at page 142, emphasis added.
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can be accomplished on a “joint trench” basis concurrent with upgraded street
corridors, which preserves City investment in streets, sidewalks and curbs.
Improvement of “Wet” utilities such as storm drains and sanitary sewer systems are
also planned under the Specific Plan as well and present similar opportunities for
placement of conduit for broadband. This should be considered in alignment with the
fiber optic network planning in this plan for sewer and stormwater pumpstation
connectivity.
Placement of modern fiber optic broadband infrastructure enables the City and the
Lindenville neighborhood to adapt efficiently and cost-effectively to future land uses,
needs and requirements. This modern broadband infrastructure and capacity will be
integral to support new land use under the Lindenville Specific Plan. Smart City
applications, connected and autonomous vehicles and transportation applications,
street lighting, and residential and business use are clear needs which should be
planned for under a “campus area” perspective.
The Planning Department does have a standard condition of approval requiring the
installation of "three-inch diameter PVC conduit along the project frontage, in the
right-of-way, if any trenching is to take place, for the purpose of future fiber
installation. Conduit shall have a pull rope or tape. A #8 stranded trace wire will be
installed in the conduit or other trace wire system approved by the City." This would
apply to any entitled project throughout the city.
Further standard installation requirements can be listed similar to other cities’
requirement, such as depth requirements (laid to a depth of not less than 18 inches
below grade in concrete sidewalk areas, and not less than 24 inches below finished
grade in all other areas when feasible, or the maximum feasible depth otherwise),
install minimum 3-foot radius sweeps and bends, furnish with an external “warning”
ribbon tape a minimum of 3-inches above the conduit, and all conduit couplers and
fittings shall be installed watertight, with sealed end caps upon installation.
This standard condition of approval should be considered for all development work
citywide. Additionally, it is crucial to engage in discussions with wireless providers
regarding the implementation of 5G technology, and plan for needed infrastructure
for wireless services. Lastly, the requirements for broadband infrastructure placement
in Lindenville should balance and consider that these requirements would also apply
to the City here and have some cost to administer as well that should be accounted
for.
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4 .4 TECHNOLOGY ENTERPRISE FUND
The 2022 Wireless Feasibility Study recommended the City establish a Technology
Enterprise Fund, or a dedicated enterprise fund for revenues generated from leases
of City assets by private telecommunications companies. A technology fund with
ongoing revenues—separate from the General Fund—prioritizes new City/public
technology deployment for future build opportunities (funding broadband
infrastructure, locating new Smart City devices concurrent with expansion of private
wireless connectivity, or funding for fiber network expansions through incremental
builds/joint trench coordination).
The City’s need for a Technology Enterprise Fund is perhaps even more pronounced
now than in the previous 2022 study. Creating an enterprise fund in the early stages
helps plan strategically for the years to come when new development will come to
fruition and use of public assets/ROW will increase. Additionally, the unscheduled
nature of joint trench/Open Trench Notification opportunities means cities need a
dedicated funding source outside of the normal budgeting process to take advantage
of new or unforeseen opportunities for broadband expansion, which might be missed
under conventional budgeting practices. This forward-looking approach facilitates the
funding of essential projects such as broadband infrastructure, the concurrent
expansion of Smart City devices alongside private wireless connectivity, and
incremental fiber network expansions through joint trench coordination.
The City has a Broadband Expansion Project budget line item with similar intent, but it
is funded with appropriations from the General Fund which can vary year to year. The
City is considering use of a Broadband Impact Fee. A Technology Enterprise Fund with
dedicated funding such as a Broadband Impact Fee would be better suited to support
and contribute funding toward the goals and objectives of the Broadband Strategic
Plan. This fund could be best initiated with approximately $250,000 in seed money, to
be replenished annually as needed. Furthermore, net revenues from marketing the
Smart Corridor fiber networking could be used for additional funding for the
Technology Enterprise Fund.
4 .5 SMART CITY APPLICATIONS
Growing communities require effective technology solutions and systems that
monitor, collect, and analyze relevant data to drive intelligent and informed decisions
by elected and appointed city leaders. The term “Smart City” is used to describe an
array of applications, services, and technologies that support established City goals
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and priorities.23 The City’s expansion and augmentation of its fiber optic network will
provide the crucial infrastructure platform for Smart City applications. The City’s
Guiding Principles in its General Plan rely on broadband connectivity for Smart City
applications.
The City of South San Francisco provides high quality and accessible services,
facilities, and amenities for residents at all stages of their lives. As a “smart
city.” South San Francisco leverages high-speed internet technology and
connectivity to improve engagement, transportation, utilities, education,
public health and safety, environmental quality, energy, and the quality and
efficiency of City operations. The City ensures digital equality by promoting
internet connectivity in all neighborhoods to bridge access to reliable and
affordable information.9
The goal is to lead innovative digital, data-driven change positively impacting
community services, land use, facilities, public safety, and workforce. These technical
solutions are supported with transparent governance to ensure security, fairness, and
privacy. Many Smart City applications are associated with a major worldwide trend
called the Internet of Things (IoT). Most Smart City applications begin with the
deployment of a remote device, or the “Thing” in IoT, as shown in Figure 12.
Figure 12. Smart City IoT Architecture
“Things” can be traffic cameras, air quality sensors, seismic monitors, water main leak
detectors, smart streetlights, or a device that determines parking stall availability.
These devices capture data that needs to be transmitted to the City’s servers over a
23 In this document the capitalized terms “Smart City” refer to the set of technologies.
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network—whether the servers are on-site, at a co-location data center, or in the cloud
(often stored on all three).
Smart City digital infrastructure includes fixed (wired) infrastructure, such as fiber
optic cables, mobile infrastructure (cell towers/antennas), and data centers with
interconnect facilities. The transmitting network requirements are highly application-
and location- dependent. For example, a sensor measuring air quality sends small
amounts of data periodically and may be able to utilize wireless connectivity;
however, a high-resolution surveillance camera sends large streams of data
continuously and may require dedicated fiber optic cable. For these reasons, fiber
forms the foundation for Smart City technologies and radio-based wireless
connections provide the support structure for the devices and applications.
There is a vast array of Smart City applications that can be imagined which must be
reduced to the applications which are most useful and beneficial for the City. Each of
the departments interviewed was familiar with Smart City concepts and technologies
and had some ideas of Smart City applications that might be beneficial for the
department and the City.
Several City departments indicated that they were considering new Smart City
applications, and some had already been implemented, including irrigation devices to
schedule watering and detect leaks, etc.
City departments further identified a need for more cameras, smart street lighting
with controlled dimming in low traffic hours for energy saving, automated cross walks,
real time bus arrival signage at bus stops, next bus real time information, smart
parking management and navigation, equipping busses with Wi-Fi and/or advertising,
security and sensors, license plate readers, wayfinding, building management
systems, irrigation controllers, and more.
Smart City Steering Committee
The press of day-to-day tasks, duties and priorities make it difficult for City
departments to focus on future plans, such as Smart City applications. Magellan
recommends that the City consider formalizing its Smart City considerations via the
formation of a Smart City Steering Committee. Such a committee can provide focus
and maintain momentum for Smart City projects, including through the CIP project
review. The Steering Committee could institute a formalized process for project
review of all city CIP initiatives to test viability of Smart City opportunities.
This Committee should be cross-departmental, including senior leadership from all
relevant departments, and may even consider inter-agency communication for
expanded impact. The committee should be led by the IT Department, which would
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provide a natural fit with the broadband project and allow the committee to hit the
ground running. The Committee should first gather, review and investigate Smart City
applications that have been under informal consideration by the various City
departments (such as connecting smart sprinkler systems in case of fire, connecting
controllers for streetlight dimming during low traffic hours) and review those
applications for feasibility and broadband network alignment. Review and evaluation
of each potential Smart City application should include:
• Determining the organization(s) or department(s) that would “own” the
application and its implementation;
• Organizational adaptations that must be made within the City;
• Department ranking of importance of implementing the application versus
other potential Smart City applications;
• City management and council ranking of the priority of the application versus
other potential Smart City applications;
• Community views on the importance and utility of the Smart City application;
• Legal or policy requirements that must be addressed (if any);
• Costs of the application and its associated equipment;
• Network implications of supporting the application, including network
proximity;
• Determining internet connection requirements for Smart City applications;
• Timeline for installation of the application, including activation of the
application;
• Resources needed for installing and testing the application;
• Savings and benefits for the City generated by use of the application; and
• Funding and budget sources (including potential grant funding) and what
budget actions are necessary.
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5. Conceptual Network Design
Magellan developed the Conceptual Network Design based on priorities identified by
the City, its stakeholders, and the community. The design serves to both connect
critical City facilities and support City services, while expanding fiber infrastructure
that could be concurrently used to improve community access to broadband.
The conceptual network design is truly that – conceptual. It is not a full engineering
study and does not account for specifics such as building entry locations, which side
of the street a particular fiber cable is located, or laterals/service drops onto private
property, etc. The conceptual design is intended to provide a roadmap for the City,
and specific projects undertaken should first complete a full engineering process that
will conduct field surveys to verify existing data and assumptions to move the
Conceptual Design to a High-Level Design (30% HLD), to a Low-Level Design (60% LLD),
and ultimately to a Final Design.
5 .1 CONCEPTUAL NETWORK ROUTES
The conceptual network design for the City of South San Francisco identifies fiber
routes and other infrastructure requirements to meet identified City needs. The focus
and size or scope of the design, along with construction methods and technical
specifications, determine the estimated overall costs as well as possible phasing
needed to complete the project. Thus, the conceptual design can inform decision-
making about how, where, and whether to build.
For purposes of this Strategic Plan and Conceptual Design, Magellan worked from the
assumption that the Critical City Sites design recently completed by Kimley-Horn has
been constructed and is operational – i.e., that this phase of the project is a part of the
“existing City assets.” Thus, the anticipated lengths, breakdown, and construction
costs for the Critical City Sites design are not included in the cost estimates below in
Section 5.3.
The Conceptual Network Design would require construction of approximately 4.4
miles of new backbone conduit and fiber, 1.4 miles of new service drops/laterals, 5.1
miles of new fiber pulled into existing City conduit and interconnecting 2.5 miles of
the existing City fiber network with splice points, handholes, cabinets and supporting
infrastructure. The conceptual design also includes interconnectivity with the
California Middle-Mile Backbone Initiative (MMBI), the planned state-wide middle-mile
project, to ensure regional interconnectivity and route redundancy.
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Proposed new backbone construction (depicted in red and blue) would be comprised
of two 2” conduits deployed underground at 36 inches below the surface, filled with a
288-count fiber-optic cable, capable of meeting future demand. New laterals and
service drops are assumed to be a single 2” conduit with a 24-count fiber cable.
The Conceptual Design creates a redundant fiber backbone loop around the City that
minimizes service interruptions, connects 12 remaining City facilities to the network,
as well as 6 community sites and facilities identified by the City, and extends to other
areas to connect to pump stations and wastewater assets.
Figure 13. Conceptual Network Design
5 .2 PHASED IMPLEMENTATION PLAN
The Conceptual Network Design can be implemented in a phased approach in order
to prioritize the loop architecture necessary for greater community and business
access, ensure critical site connectivity, provide flexibility relative to grant availability,
budgets, and resource constraints, and to maximize the network reach into new
markets to attract a private partner. The phases outlined below can be further broken
down into sub-phases or built incrementally and opportunistically through effective
CIP and private project coordination.
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Magellan designed the routing and phased implementation for the City by evaluating
and providing the best possible scenario for long-term success of the project. It is
important to note that although the phased implementation is separated into three
key phases, each phase should be evaluated and built in the order of need, spreading
out the cost and speeding up deployment to certain locations where appropriate.
Although the phases build off each other, they do not have to be built in the order
presented, and in fact construction and routing may have to be adjusted to
accommodate connections to the network.
Phase 1: Redundant Loop & City/Community Facilities
Phase 1 accomplishes two critical goals for the City: 1) ensures a citywide redundant
loop architecture that minimizes service interruptions, and 2) connects 14 City and
community facilities currently not on the network (as well as 20 traffic signals).
All robust networks regardless of technology; fiber, wireless, or HFC need route
diversity and redundancy. Diversity is when a location has connections from two
different directions reducing the impact of outages. Redundant fiber networking
supports the City’s planning for emergency preparedness and provides resiliency of
data communications during emergencies. Phase 1 facilitates connection of the
network into a ring so the locations on the City network built off of the ring, including
the laterals, can be rerouted during outage emergencies and avoid service
interruptions. Creating a backbone loop is critical for not only uninterrupted City
services (including emergency services), but also if the City (or a private partner) were
to utilize this backbone to provide competitive retail internet services to the
community and businesses.
Phase 1 (Figure 14) would modify the City’s fiber network into a redundant backbone
loop through a combination of new construction, upgrading existing infrastructure,
and interconnecting with the state-wide middle-mile network (MMBI).
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Figure 14. Phase 1: Addition of Redundant Ring & City/Community Facility Connections24
Phase 1 construction includes upgrades to 13,255 feet of existing City fiber, 6,374 feet
of new fiber pulled through existing conduit, 16,926 feet of new underground
backbone, and 3,929 feet of new service drops/laterals.
Fiber construction under Phase I not only supports diverse connections and
redundancy for the City’s network and connects 18 City and community facilities, but
also passes traffic signals and other neighborhoods that can be connected to the
network. In particular, Phase 1 enables connections to at least 14 traffic signals and
extends a backbone into the Sign Hill and Lindenville neighborhoods.
24 The Conceptual Design was completed in June 2023 and is based on the existing California Middle
Mile Broadband Imitative (MMBI) design. On August 2, the State released an updated planned design
for the MMBI, which adjusted some routes slightly and will require some minor adjustments to the
Conceptual Design. These changes are not anticipated to be significant and can be addressed in detail
during the design engineering phase of the project.
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The 18 City facilities and 14 traffic signals designed to be connected through Phase 1
include:
Table 3. Additional City facilities to be connected in Phase 1
Facility Address Department
City Hall 400 Grand Ave. City Council & Chambers,
Elections, Attorney, Treasurer
Water Quality Control
Plant
195 Belle Aire Road Public Works
Police Department
Substation and IT
329 Miller Ave. Information Technology and
Police
City Hall Annex 315 Maple Ave. Building, Planning and
Engineering
Grand Library 306 Walnut Ave. Public Library
Roberta Cerri Teglia
Center
601 Grand Ave. Parks and Recreation
Community Learning
Center
520 Tamarack Lane Public Library and Parks and
Recreation Preschool
Siebecker Preschool 510 Elm Court Parks and Recreation
Fire Station 62 249 Harbor Way Fire Department
Fire Station 65 1151 South San
Francisco Dr.
Fire Department
Paradise Valley Park 291 Hillside Blvd. Parks and Recreation
Terrabay Gymnasium 1121 South San
Francisco Dr.
Parks and Recreation
Traffic Signals (14) Various Public Works
Sign Hill So. Of Hillside Blvd. Parks and Recreation
Phase 2: Wastewater Assets
During the information gathering phase for this report, it was noted that new
buildings that have been, and potentially will be built, are interfering with the current
wireless network the pump stations use for Supervisory Control and Data Acquisition
(SCADA) connectivity. There are also latency issues that are causing stations to “time
out,” which means there is no communications from specific stations. Additionally, the
backup options are limited in the event cell signals is lost or over-congested in the
event of an emergency. Phase 2 adds fiber network connectivity to these pump
station sites. This phase can be built incrementally and does not have to be built in its
entirety; however, pump station sites with the greatest need should be prioritized.
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Fiber backbone in Phase 2 would also connect 23 traffic control signals, as well as
provide general broadband backbone infrastructure for the entire Oyster Point area
and through the southern part of Lindenville.
Figure 15. Phase 2: Fiber Connectivity for Pump Station & Wastewater Assets
Phase 2 construction includes 20,703 feet of new fiber pulled through existing
conduit, 6,052 feet of new underground backbone, and 3,291 feet of new service
drops/laterals.
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Table 4. Sewer pump stations to be connected in Phase 2
FACILITY ADDRESS
Pump Station No. 1 383 Oyster Point Blvd.
Pump Station No. 2 955 Gateway Blvd.
Pump Station No. 3 195 Kimball Way
Pump Station No. 4 249 Harbor Way
Pump Station No. 5 477 South Airport Blvd.
Pump Station No. 6 160 Utah Avenue
Pump Station No. 7 220 Littlefield Avenue
Pump Station No. 8 701 Forbes Blvd.
Pump Station NO. 9 1479 San Mateo Avenue
Pump Station No. 10 572 Forbes Blvd.
Pump Station No. 11 235 Shaw Road
Pump Station No. 14 1191 Veterans Blvd.
Lindenville Storm Water Station 27 South Linden Avenue
Shaw Road Storm Water Station 251 Shaw Road
In the event there are concerns over the cost of Phase 2 fiber/wireless hybrid designs
could be considered. Those potential designs were not the subject of this study but
could be defined, designed and costed. An incremental build approach to Phase 2 –
taking advantage of joint trench/dig once opportunities, CIP alignment, development
conditioning, and utility coordination – could build this phase out over time with cost
effective strategies and significantly reduce the total estimated construction costs.
5 .3 CONSTRUCTION COST ESTIMATES
The estimated capital construction cost of the Conceptual Network Design (all phases)
is $4,193,088, which includes estimated design and engineering and permitting,
required upgrades to 2.5 miles of existing City fiber, 5.1 miles of new fiber in existing
conduit, 4.4 miles of new underground conduit and fiber for new backbone, and 1.4
miles of new service drops/laterals (see Table 5 for a breakdown by phase and
construction type).25
25 Construction costs are based on Magellan’s analysis of comparable cities, recent construction bids,
equipment and material costs, and a regional assessment of the labor and construction market. An
inflation factor has been included to address future, short-term cost increases.
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Table 5. Construction Cost Estimates
FOOTAGE $/LF TOTAL
PHASE 1 - REDUNDANT LOOP & CITY
FACILITIES
EXISTING CONDUIT 6,374 $ 25 $ 159,350
EXISTING FIBER 13,255 $ 5 $ 66,274
NEW UNDERGROUND 16,926 $ 125 $ 2,115,753
DROPS 3,929 $ 80 $ 314,320
PHASE 1 TOTAL 40,484 $ 2,655,697
PHASE 2 - PUMP STATIONS & WATER ASSETS
EXISTING CONDUIT 20,703 $ 25 $ 517,575
EXISTING FIBER - $ 5 $ -
NEW UNDERGROUND 6,052 $ 125 $ 756,536
DROPS 3,291 $ 80 $ 263,280
PHASE 2 TOTAL 30,046 $ 1,537,391
PROJECT TOTAL - ALL PHASES
EXISTING CONDUIT 27,077 $ 25 $ 676,925
EXISTING FIBER 13,255 $ 5 $ 66,274
NEW UNDERGROUND 22,978 $ 125 $ 2,872,289
DROPS 7,220 $ 80 $ 577,600
TOTAL 70,530 $ 4,193,088
The design engineering and field surveying process would verify and record all
existing assets and could uncover additional fiber that would eliminate the need for
some of the new construction, thereby lowering the total overall construction costs. A
completed design and engineering process will likely identify some areas where
overhead poles exist and aerial cables can be used instead of undergrounding new
conduit, which can cut deployment costs by as much as 35-45%.
Construction costs can be even further reduced through effective utility coordination,
implementing a dig once/joint trench program, and aligning broadband expansion
projects with other major CIP projects, particularly those with excavation in the City
right-of-way. The labor required for excavation can account for 40-60% of total
construction costs. When work is coordinated between utilities and public agencies,
all parties can expand their fiber footprint at a fraction of the cost by taking advantage
of synergies with other projects.
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6. Public/Private Partnership
Considerations
There are a range of business models a city may select (see Appendix C), which range
along a risk/reward continuum. The choice of business model needs to align with the
vision of the community and its leadership and be one that fits organizationally into
the City’s municipal operation. The selected business model will also align with the
City’s risk/reward tolerance to achieve its broadband goals.
Figure 16. Business Model Risk/Reward Continuum
Discussions and information gathered during the project suggest a public-private
partnership model would be appropriate to implement the Broadband Strategic Plan.
For a variety of political and financial reasons, the City does not desire to establish a
City broadband utility. However, the City does desire to leverage its existing and
planned fiber optic network assets built to expand broadband availability for others
throughout the City by making the network available for use by private Internet
Service Provider (ISP) providers.
Public-private partnerships (“P3”) are an emerging business model that provides an
innovative solution to an ongoing municipal broadband issue: how does a local
government extend broadband services in the community without operating a
broadband network? Generally, P3s create a cooperative platform for a local
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government and one or more private organizations to plan, fund, build, and maintain
a broadband network within the city’s jurisdiction.
The key factors that define a public-private partnership, as opposed to simply a
customer-vendor relationship, is that: (a) all parties contribute, (b) each parties’
benefits are shared based on their contributions, and (c) one partner does not pay
another; there are few or limited transactions between partners.
To begin creation of a P3, the City would publicly solicit potential partners via Request
for Information (RFI) and select through negotiation one or more private or public ISPs
to provide and sell retail internet services over a network incorporating desired
segments of City-owned fiber in exchange for lease payments, revenue share, new
City network construction, or a combination thereof. This P3 approach is particularly
suitable to the City given capital resource constraints, significant existing City conduit
and fiber which sharing arrangements could multiply subscriber reach, and the
potential new construction leveraging existing City facilities identified in the
Conceptual Network Design.
It should be noted that soliciting and selecting a private partner is not a typical
procurement process but is a negotiated arrangement that will take time to define
and finalize. To make a P3 successful, each party should align on negotiated points,
which can include:
• Who has rights to access the network – is it exclusive or non-exclusive?
• What are the public and private partners’ goals and how are they incentivized?
• What roles and responsibilities does each partner have?
• What assets are financed through the public?
• What revenue model is used to recoup investment?
• What requirements must the private partner meet, in terms of service
availability, speed, price, build locations, and performance schedules?
• How will the partners determine future buildouts and who pays for them?
• What happens if the private assets are sold or acquired?
The City is already taking the lead in managing and brokering fiber optic network
assets created in the “Smart Corridor” project by CCAG – in which the City is a key
partner. Under the Smart Corridor partnership, the City and CCAG will share the 288
fiber optic strands within South San Francisco, set aside the necessary strands for the
traffic management network, and lease out the remaining available strands to
interested third parties. The City would market and advertise these available strands,
and net revenues remaining after deduction of the City’s administrative expenses
would be divided equally between the City and CCAG.
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The P3 contemplated here would build on the Smart Corridor partnership and extend
the reach of the City’s entire network, including the Smart Corridor fiber, to potential
partners who can operate, manage, maintain and market the City’s network. This
network reach has significant value and over time can generate revenues to help
offset costs to the City. These revenues could also be a funding source for the
Technology Enterprise Fund. Other benefits to the community could be realized by
using the network as platform to extend broadband to unserved and underserved
areas of the City, or to lower the barrier for cellular providers to reach neighborhoods
with poor signals (such as Westborough) by proving cost-effective fiber backhaul.
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7. Key Recommendations
1) Expand the City’s Fiber Backbone to Improve City
Facility Connectivity and Expand Community
Broadband Access.
The City can complete a carrier-grade backbone loop, connecting 18 City facilities, 25
pump stations, and 98 traffic signals at an estimated cost of $4.2 million The phased
approach allows for incremental builds as resources and funding allow, while laying
out a roadmap for coordination and alignment with other major projects to minimize
costs. A carrier-grade fiber loop will also enable the city to identify a qualified private
ISP that can operate, manage, and maintain the network while expanding broadband
access in the community at competitive rates.
Extending the City’s fiber network under the conceptual design will also future-proof
the network and support emerging applications such as Emergency Vehicle
Preemption (which is planned) and connected vehicle needs via next generation 5G
and 6G wireless services which must be connected with fiber backhaul.
2) Initiate Design & Engineering for Phases 1 & 2 at an
estimated cost of $130,400.
The first two phases of the Conceptual Design – Citywide Redundant Loop and City
Facilities – create a high impact and maximize the value of the City’s network (and
thus attract private investment). By undertaking design engineering, the City would be
demonstrating a commitment to moving forward – being “shovel ready” – and thus
enhancing its grant competitiveness for state and federal broadband grants.
Design engineering would include field surveying and verification, identifying
additional usable assets that may not be recorded in City maps, value engineering to
reduce the overall cost, confirming the final routing and design, and compiling a Bill of
Materials.
3) Solicit & Negotiate a Public-Private Partnership to
Operationalize the City’s Broadband Network.
The City’s existing network, its role within the Smart Corridor project, and the
Conceptual Network Design proposed in this Strategic Plan - as well as the planned
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expansion through the Critical City Site Design project recently completed by Kimley-
Horn – have positioned the City to be able to expand the benefits beyond just City
administration and services and into the community at large. However,
operationalizing, monetizing, and managing a retail data network requires resources,
staffing, and start-up capital that likely exceed the City’s existing capacity. The City
should transparently solicit a public-private partnership through an RFP to find a
qualified ISP that is willing to manage, maintain, market and operate the City’s
network in exchange for a portion of the revenues generated through retail sales.
4) Pursue Competitive Grant Opportunities through
State and Federal Broadband Grants.
The State of California, through the Advanced Services Fund (CASF), has $150 million
in annual allocations (through 2032) for broadband grants for infrastructure, public
housing, and adoption programs. The City is eligible for these funding sources and
should pursue these grants to provide for construction of the Citywide Conceptual
Network, for the marginal costs to connect CPUC-designated unserved households
and other at-need neighborhoods, and to assist with digital literacy and navigation
programs in the community.
5) Coordinate Joint Build and CIP Projects for
Broadband Expansion.
Coordinating infrastructure expansion through joint utility work and CIP projects is
the most cost-effective strategy to expand City broadband assets, particularly into
under-served areas and new developments. Effective coordination on all projects that
require excavation will ensure that all utilities—public and private—can economically
expand their broadband footprint in the South San Francisco. The City can
incrementally and opportunistically build its own fiber network, connect key City
facilities, and enable Smart City applications. Effective joint build and utility
coordination requires an effective and enforced “dig once” ordinance, a strong road
moratorium, a curated master project list that aggregates all public and private
excavation work in the public right-of-way, and organized, regular meetings between
the various agencies and utilities.
6) Apply Development Conditions to Major Projects
Planning ahead for a broadband future is the most cost-effective way to both
minimize costs and ensure new housing and commercial development thrives. The
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City should add broadband and fiber expansion to the existing public infrastructure
requirements (water, sewer, sidewalks, etc.) that developers must finance and
construct for new developments.
The City Council has approved the Lindenville Specific Plan including a condition of
approval that requires placement of conduit for the purpose of future fiber
installation. This condition requires the installation of "three-inch diameter PVC
conduit along the project frontage, in the right-of-way, if any trenching is to take place,
for the purpose of future fiber installation. Conduit shall have a pull rope or tape. A #8
stranded trace wire will be installed in the conduit or other trace wire system
approved by the City." The City could list further standard installation requirements
similar to other cities’ requirement, such as depth requirements (laid to a depth of not
less than 18 inches below grade in concrete sidewalk areas, and not less than 24
inches below finished grade in all other areas when feasible, or the maximum feasible
depth otherwise), install minimum 3-foot radius sweeps and bends, furnish with an
external “warning” ribbon tape a minimum of 3-inches above the conduit, and all
conduit couplers and fittings shall be installed watertight, with sealed end caps upon
installation.
These standard conditions of approval should be considered for all development
work citywide, so that future development of broadband and fiber optic deployments
can be expanded at marginal cost.
7) Establish a Technology Enterprise Fund
Many cities create dedicated funds for revenues generated from leases of City assets
by private telecommunications companies. A dedicated fund with ongoing revenues—
separate from the General Fund—prioritizes new City/public technology deployment
for future build opportunities (funding for fiber network expansions through
incremental builds/joint trench coordination or for locating new smart city devices
concurrent with expansion of private wireless connectivity). Revenues for this Fund
can also be earned from the Broadband Impact Fee being considered by the City.
Creating an enterprise fund helps plan strategically for the years to come when use of
public assets/ROW will increase and could create significant new City revenues. The
unscheduled nature of joint trench/dig once opportunities means cities need a
dedicated funding source outside of the normal budgeting process to take advantage
of open trenches.
The City should consider holding revenues generated by the City through lease or
other agreements for use of City broadband infrastructure – including cellular
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antennas on street light poles, placement of cabinets or vaults in the ROW, leasing
land or towers for cell tower installation, dark fiber or conduit occupancy leases, or
other telecom-related/ROW revenue generating activities.
8)Use City Communications to Inform and Promote Use
of the FCC Affordable Connectivity Program
The ACP is a major cost-free tool for addressing digital equity issues. ACP enrollment
in South San Francisco (18% of eligible households) is less than half the average level
of both the state of California (38%) and the United States (39%). The City should
support inclusion of ACP information in communications and outreach for
communities, consumers and programs to raise awareness of the ACP benefit and
further information on eligibility and enrollment. Examples include making sure
schools, libraries, heath clinics and community centers know about ACP and have
information needed to help eligible students, clients and patrons enroll. Put outreach
materials in the hands of teachers, health care providers and community workers.
These materials are available at ACP Consumer Outreach Toolkit | Federal
Communications Commission (fcc.gov)
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Appendix A: Stakeholder
Interview Participants
Parks and Recreation (12/6/2022)
Greg Mediati – Parks and Recreation Director
Tony Barrera – IT Director
Angela Duldulao - Parks and Recreation Director
Brian Crume – Facility Program Manager
Joshua Richardson – Park Maintenance
Erin O'Brien – Parks and Recreation Business Manager
Mike Mulkerrins – Facilities Manager
Public Safety (12/6/2022)
Deputy Chief Matt Sampson – Fire Department
Tony Barrera – IT Director
Ken Anderson - Fire Emergency Services
Captain Keith Wall – Police Department
Daryl Jones – Police Department
Information Technology (12/6/2022)
Jeff Uchi – IT Systems Administrator
Tony Barrera – IT Director
Akbar Raufi – IT Systems Administrator
Manoe Lau – IT Systems Administrator
Economic & Community Development – Planning (12/9/2022)
Phillip Perry - Senior Permit Technician
Tony Barrera – IT Director
Erik Reitdorf – Assistant Building Official
Tony Rozzi - Deputy Director
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Library & Community Learning Center (12/9/2022)
Angela Bernal-Silva – Management Analyst
Karla Molina Bourdon – Library Manager, Literacy Services
Tony Barrera – IT Director
Water Quality Control Plant Division (12/9/2022)
Brian Schumacker – Systems Librarian
Tony Barrera – IT Director
Eunejune Kim – Public Works Director/City Engineer
Nicholas Talbot – Assistant Plant Superintendent
Capital Projects (12/13/2022)
Sharon Ranals - City Manager
Tony Barrera – IT Director
Jacob Gilchrist – Director of Capital Projects
Public Works (12/13/2022)
Eunejune Kim – Public Works Director/City Engineer
Tony Barrera – IT Director
Dave Bockhaus – Deputy Director of Public Works
Angel Torres – Senior Civil Engineer
Randy Chen – Lead Electrical Technician (unsure)
Daniel Heffelfinger – Fleet Supervisor
Alex Henry - Craftsworker
Economic & Community Development – Housing (12/14/2022)
Heather Ruiz – Management Analyst II
Tony Barrera – IT Director
Neil Selander – Economic & Community Development Director
Ernesto Lucero - Economic Development Manager
City Councilmember Flores (1/3/2023)
Councilmember Eddie Flores
Tony Barrera – IT Director
Sharon Ranals – City Manager
Maria Patea - Administration, Parks & Recreation
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Vice Mayor Mark Nagales (1/3/2023)
Mark Nagales – Vice Mayor
Tony Barrera – IT Director
Mayor Flor Nicolas (1/10/2023)
Flor Nicolas - Mayor
Tony Barrera – IT Director
Housing Authority (1/26/2023)
Leah Taylor - Executive Director, SSF Housing Authority
Tony Barrera – IT Director
Rotary Terrace (2/2/2023)
Tracy Angulo – Administrator, HumanGood
Tony Barrera – IT Director
Economic Advancement Center (2/8/2023)
Ernesto Lucero – Economic Development Manager
Tony Barrera – IT Director
Lindenville Planning (2/14/2023)
Tony Rozzi – Deputy Director
Billy Gross – Principal Planner
Tony Barrera - IT Director
Samaritan House- Safe Harbor (2/14/2023)
Jolie Bou – CFO, Samaritan House
Tony Barrera – IT Director
Boys and Girls Club (2/16/2023)
Monica Meija – Director of Operations, Friends for Youth
Tony Barrera – IT Director
Ruby Fong – Regional Site Director, Boys & Girls Club
Poncho Oseguera – Head of IT, Boys & Girls Club
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Appendix B: Capital Improvement
Program Review
Source: Proposed Capital Improvement Program, FY 2021-22
Table 6. Capital Improvement Program FY 2021-22
Project
No. Project Title Project Description
Broadband
Opportunities
PARKS AND RECREATION
Centennial Way
Trail Improvements
Construction of a new four-acre
linear park along Centennial
Way, between Huntington
Avenue and Spruce Avenue
Connect City Assets; Install
infrastructure for wireless/Wi-Fi
connectivity; SMART City
applications
PK2101 Transit Village Park
Project
Development around the new
BART station (Project may be
stalled)
Connect City Assets; Install
infrastructure for wireless/Wi-Fi
connectivity; SMART City
applications
STORM DRAIN AND SANITARY SEWER
SS2201 Country Club Park
Sewer Master Plan
Sewer Expansion alternatives for
unincorporated Country Club
Park Neighborhood
Connect City Assets; Dig Once –
Conduit Installation; SMART City
Applications
SS2202 Oyster Point Pump
Station (included in
Phase 3)
SD2101 Storm Drain Master
Plan (Phase 3
includes connecting
pump stations)
development of future capital
improvement plan for storm
drain system
Connect City Assets; Dig Once –
Conduit Installation, crucial for
"difficult" crossings; SMART City
Applications
SS1801 Sewer Master Plan
(Phase 3 includes
connecting pump
stations)
development of future capital
improvement plan for sanitary
sewer system
Connect City Assets; Dig Once –
Conduit Installation, crucial for
"difficult" crossings; SMART City
Applications
TRAFFIC
TR2203 E101 Transit Shelter
and Bulbout
New Bus Stops in SSF
Biotechnology hub
Connect City Assets; Install
infrastructure for wireless/Wi-Fi
connectivity; SMART City
applications
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Project
No. Project Title Project Description
Broadband
Opportunities
TR1602 Oyster Point and
East Grand Corridor
Improvements
Per traffic improvement plan,
current configurations do not
handle traffic efficiently
Connect City Assets; Dig Once –
Conduit Installation for
intersections; SMART City
Applications
TR1801 Commercial and
Spruce Signalized
Intersection
Signalization will improve
intersection traffic flow and
reduce number of accidents
Connect City Assets; Dig Once –
Conduit Installation for
intersections; SMART City
Applications
TR2102 DNA Way at E.
Grand, and Allerton
Ave. at E. Grand
Signalizations
signal interconnect installation Connect City Assets; Dig Once –
Conduit Installation for
intersections; SMART City
Applications
TR1404 Utah Ave Over
Crossing Project
construction of new interchange
on US-101 at Produce Avenue
Connect City Assets; Dig Once –
Conduit Installation, crucial for
"difficult" crossings; SMART City
Applications
STREETS, BRIDGES AND CROSSINGS
SD2202 Colma Creek Oak
Avenue Pedestrian
Bridge
Demolition of existing Colma
Creek pedestrian bridge at Oak
Avenue and construction of a
new pedestrian bridge within the
vicinity that will not impede
Colma Creek flood flows
Connect City Assets; Dig Once –
Conduit Installation, crucial for
"difficult" crossings; SMART City
Applications
ST1004 South Linden
Avenue Grade
Separation
This is the last remaining at-
grade Caltrain/Union Pacific
railroad crossing in South San
Francisco. Separating the
vehicles and trains will prevent
crossing accidents and improve
traffic flow.
Connect City Assets; Dig Once –
Conduit Installation, crucial for
"difficult" crossings; SMART City
Applications
ST1204 Underground utility
district, Spruce
Avenue
Underground overhead wires,
design and construct new street
lighting system
Install infrastructure for
wireless/Wi-Fi connectivity;
SMART Lighting/SMART City
applications, Dig Once - Conduit
Installation
ST1301 South Airport
Boulevard Bridge
Replacement
Replace bridge at North Access
Road
Connect City Assets; Dig Once –
Conduit Installation, crucial for
"difficult" crossings; SMART City
Applications
ST1403 Grand Boulevard
Phase I
Improve El Camino Real between
Chestnut and Arroyo Way
Install infrastructure for
wireless/Wi-Fi connectivity;
SMART City applications, Dig
Once - Conduit Installation
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Project
No. Project Title Project Description
Broadband
Opportunities
ST1502 Grand Boulevard
Phase II
Improve El Camino Real between
Kaiser Way and McLellan Drive,
SSF BART station
Install infrastructure for
wireless/Wi-Fi connectivity;
SMART City applications, Dig
Once - Conduit Installation
ST1807 Grand Boulevard
Phase III
Improve El Camino Real between
Arroyo Drive and Kaiser Way
Install infrastructure for
wireless/Wi-Fi connectivity;
SMART City applications, Dig
Once - Conduit Installation
ST1603 Caltrain Station
Enhancements
Includes furnishing, shelter,
lighting and amenity upgrades to
station
Connect City Assets; Install
infrastructure for wireless/Wi-Fi
connectivity; SMART City
applications
PUBLIC FACILITIES
PF1801 Parking Garage
Number 2
new parking garage in downtown
South San Francisco
Connect City Assets; Install
infrastructure for wireless/Wi-Fi
connectivity; SMART City
applications
PF1903 Electric Vehicle
Charging Stations
Charging stations at various City
Locations for internal vehicle and
public facing use
Connect City Assets; Install
infrastructure for wireless/Wi-Fi
connectivity; SMART City
applications
PF2101 Westborough Pre-K
Design and
construction, Main
Library Conversion
to Preschool project
(included in Kimley-
Horn design)
New Licensed preschool facility
to serve growing need in the
community
Connect City Assets; Install
infrastructure for wireless/Wi-Fi
connectivity; SMART City
applications
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Appendix C: Business Models
As outlined in Magellan’s 2022 “Broadband and Wireless Feasibility Study”, the City
may choose among several business models to improve broadband infrastructure,
ultra-high speed broadband availability, and broadband affordability in South San
Francisco. The choice of business model needs to align with the vision of the
community and its leadership and be one that fits organizationally into the City’s
municipal operation. The selected business model will also align with the City’s
risk/reward tolerance to achieve its broadband goals.
Figure 17. Business Model Risk/Reward Continuum
More than one option may be selected by an organization. For example, local
governments generally utilize public policy with any of the business models, as the
policies implemented by a local government will complement all the other business
model options. South San Francisco’s adoption of joint trench policies to aid its
broadband networking is a clear example of this. Conversely, a local government
would not likely implement a retail model and public-private partnerships together, as
there are conflicting goals between the two models, including that the result of
competition between the local government and one or more private partners.
Policy Participation Only
Public policy tools influence how broadband services are likely to develop in the
community. This includes permitting, right of way access, construction, fees, and
franchises that regulate the cost of constructing and maintaining broadband
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infrastructure within its jurisdiction. This option is not considered a true business
model but does significantly affect the local broadband environment and is therefore
included as one option.
Infrastructure Provider
Municipalities lease and/or sell physical infrastructure, such as conduit, dark fiber,
poles, tower space, and property to broadband service providers that need access
within the community. These providers are often challenged with the capital costs
required to construct this infrastructure, particularly in high-cost urbanized
environments. The utility infrastructure provides a cost-effective alternative to
providers constructing the infrastructure themselves. In these cases, municipalities
generally use a utility model or enterprise fund model to develop programs to
manage these infrastructure systems and offer them to broadband service providers
using standardized rate structures.
Government Services Provider
Since South San Francisco already operates its fiber optic network to provide needed
fiber connections to City departments, it could expand operational scope and services
to include other community anchor institutions needing additional internet
connectivity. These community anchors include local governments, public safety
organizations, utilities, and occasionally healthcare providers. Many of these anchors
require connectivity and often, the municipal network provides higher capacity at
lower costs than these organizations are able to obtain commercially. Municipal and
utility networks across the country have been built to interconnect cities, counties,
school districts, and utilities to one another at lower costs and with long-term growth
capabilities that support these organizations’ future needs and protect them from
rising costs. In these cases, government service providers may be cities, counties, or
consortia that build and maintain the network. The providers utilize inter-local
agreements between public agencies to establish connectivity, rates, and the terms
and conditions of service.
Open Access Provider
Municipalities that adopt open-access generally own a substantial fiber-optic network
in their communities. Open access allows these municipalities to “light” the fiber and
equip the network with the electronics necessary to establish a “transport service” or
“circuit” to service providers interconnecting with the local network. Service providers
are connected from a common interconnection point with the open-access network
and have access to all customers connected to that network.
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Open access refers to a network that is available for any qualified service providers to
utilize to connect with their customers. It allows municipalities to provide an
aggregation of local customers on a single network that they can compete for and
provide services. The concept of open access is designed to enable competition
among service providers across an open network that is owned by the municipality.
The municipality retains neutrality and non-discriminatory practices with the
providers who operate on the network. The municipality establishes a standard rate
structure and terms of service for use by all participating service providers.
Retail Service Provider/Business Only
Municipalities that provide end users services to business customers are considered
retail service providers. Most commonly, municipalities provide voice and Internet
services to local businesses. In many cases, a municipality may have built a fiber
network for the purposes of connecting the City’s primary sites that has been
expanded to connect local businesses, in effort to support local economic
development needs for recruitment and retention of businesses in the City.
Municipalities that provide these services are responsible for managing customers at
a retail level. They manage all operational functions necessary to connect customers
to the network and provide Internet and voice services. Municipalities compete
directly with service providers in the local business market, which requires the
municipality to manage an effective sales and marketing function to gain sufficient
market share to operate at a break-even or better.
Retail Service Provider/Business and Residential
Municipalities that provide end user services to businesses and residential customers
are also considered retail service providers. Most commonly, municipalities provide
services to their businesses and residents through a municipally owned public utility
or enterprise fund of the City. As a retail service provider that serves businesses and
residents, the municipality is responsible for a significant number of operational
functions, including management of its retail offerings, network operations, billing,
provisioning, network construction, installation, general operations, and maintenance.
The municipality competes with service providers in the business and residential
markets and must be effective in its sales and marketing program to gain sufficient
market share to support the operation. Many of these markets are rural or
underserved in areas that have not received significant investments by broadband
service providers. Retail service providers must comply with state and federal statutes
for any regulated telecommunications services. These organizations must also comply
with state statutes concerning municipal and public utility broadband providers; a set
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of rules has been developed in most states that govern the financing, provision, and
deployment of these enterprises.
Public-Private Partnerships (“P3”)
Public-private partnerships are an emerging business model that provides an
innovative solution to an ongoing municipal broadband issue: how does a local
government invest in municipal broadband without operating a broadband network?
The key factors that define a public-private partnership, as opposed to simply a
customer-vendor relationship, is that: (a) all parties contribute, (b) each parties’
benefits are shared based on their contributions, and (c) one partner does not pay
another; there are few or limited transactions between partners.
Generally, P3s create a cooperative platform for a local government and one or more
private organizations to plan, fund, build, and maintain a broadband network within
the municipality’s jurisdiction. To make a P3 successful, each organization should align
on negotiable agreements, which can include:
o Who has rights to access the network – is it exclusive or non-exclusive?
o What are the public and private partners’ goals and how are they
incentivized?
o What roles and responsibilities does each partner have?
o What assets are financed through the public?
o What revenue model is used to recoup investment?
o What requirements must the private partner meet, in terms of service
availability, speed, price, build locations, and performance schedules?
o How will the partners determine future buildouts and who pays for
them?
o What happens if the private assets are sold or acquired?
The essence of such a partnership is that for-profit and for-people entities collaborate
to achieve complementary, if not common, objectives. The bottom line for private
entities is profit, while it is quality of place for public agencies. In concept, private
entities can flexibly mobilize resources where there is money to be made and public
agencies can redistribute resources to ensure no one is left out. A P3 can help realize
both these outcomes: public involvement reduces risk to private investment, and
private involvement enables faster and more extensive execution. The table below
illustrates the differences among the business models that can be utilized to achieve
municipal broadband goals.
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Table 7. Comparison of Municipal Broadband Business Models
COMPARISON OF BROADBAND BUSINESS MODELS
Government Passive Models Government Active Models
Public
Policy Only
Infrastructure
Only
Public -Private
Partnerships
(P3)
Public Services
Provider
Open Access
Wholesale
Retail
Provider
Business -
Only
Retail Provider
Residential &
Business
Services
Provided None Dark Fiber
Only None
Dark Fiber,
Transport,
Internet,
Phone
Transport Internet &
Phone
Internet, TV,
Phone &
Value -Added
Services
Customers None Broadband
Providers None
Public
Organizations
Only
Broadband
Providers Businesses Businesses &
Residents
Funding
Required Low Moderate Low to High Moderate Moderate High High
Competing
with
Broadband
Providers
No No No No No Yes Yes
Operational
Requirements Low Low Low Low Moderate High Very High
Regulatory
Requirements Low Low Low Low Moderate High Very High
Revenue
Generation Low Low Low to High Low Moderate High Very High
Operational
Costs Low Low Low Low Moderate High Very High
Financial Risk Low Low Low Low Moderate High Very High
Execution Risk Low Low Moderate Low Moderate High Very High
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Appendix D: Transport and Access
Network Equipment
Beyond leasing dark fiber, use of network infrastructure involves offering services.
There are two general classes or types of services that can be provided over modern
network infrastructure. Access services are relatively inexpensive, “best effort”
services that do not include any solid performance guarantees. Generally, access
services are considered “retail broadband.” Transport services are “dedicated”
services that typically come with guaranteed bandwidth and uptime commitments,
which are contained in service level agreements (SLAs). Transport services are variously
referred to as “backhaul,” “bulk IP,” “carrier-class,” “enterprise,” “long-haul,”
“managed,” “metro,” or “middle-mile” services depending on the context. Generally,
they are used by large organizations, including retail service providers.
Access and transport services are complementary but involve different components
and costs as well as customers. As the City of South San Francisco is most likely to
offer transport as part of public sector connectivity business, we describe transport
services infrastructure first, followed by information about co-location, a related
service. We include a reasonably comprehensive consideration of access service
infrastructure for informational purposes since the City of South San Francisco is
seeking partners to offer those services. Improved access services for the community
would directly achieve key results for this plan and address one or more of the City’s
strategic goals.
Transport Services
Transport services involve relatively few, stable but high-performance connections.
Users are major businesses and institutions, including network service providers. The
service is moving information from one point to another, rather than leasing an asset,
so the value comes from ensuring the information keeps moving. This requires
equipment that lights the fiber, maintains connections, and transmits data as
diagrammed in Figure 18. A form of hand-off to other networks or services, which
additional equipment, is commonly a part of transport service.
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Figure 18. Transport Networks Architecture
Networks typically have a core network composed of a few centralized core sites—
called central offices, data centers, or headends depending on type of ISP—
interconnected by fiber in a ring architecture. Core sites contain the most powerful
equipment to connect the local network to the global network. They must be secure,
with high reliability power, and preferably centrally located. At least one, ideally two,
sites must connect to high-capacity dedicated internet services, ideally via different
providers with fiber following separate routes, for bulk IP.
Transport customers typically have substantial network operations of their own that
incorporate transport services where needed, which requires next generation
technologies—specifically software-defined wide-area networks (SD-WAN) and
sophisticated management systems. Customers may require dual-homed
connections, which connect to the core site via two diverse routes, and redundant
connections to cloud services, tier 1 ISPs, and other service providers.
Transport service providers often co-locate in other companies’ data centers to
reduce costs. Access service providers generally prefer to own their core network
sites, known as “central offices” or “headend” facilities, and access infrastructure
called “pedestals” or “points of presence” (POP). This is changing somewhat with the
emergence of wholesale open access infrastructure. Interconnection sites between
different providers range from massive data centers to relatively small huts.
The network equipment required to deliver broadband services to customers is
comprised of several functional groups and multiple components. All business models
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beyond infrastructure-only require core equipment, similar to what most cities
currently use for their enterprise WANs. This must be supplemented with additional
core capacity and various types of access equipment and infrastructure.
Core Equipment
The core equipment aggregates traffic from all access equipment, connecting
customers and routing their data to and from the IP edge equipment or other end-
point destinations. Standard network protocols provide link redundancy and dynamic
traffic re-routing in the event of an equipment failure or fiber cut. Core equipment can
easily support thousands of customers and hundreds of gigabits of traffic throughput
at deployment and will accommodate future system growth through the addition of
service modules, optical interfaces, and/or software licenses.
Internet Protocol Edge (IP Edge) Equipment
Separate from the core switches, the network must maintain an “internet perimeter.”
The internet perimeter will include internet routers and internet firewalls to be used
to manage routing throughout the network. Firewalls will be utilized to protect critical
back-office systems, including provisioning, network management, data storage, and
other information. The two core switches will be interconnected to two internet
routers providing redundancy for internet services in the event of a single interface or
equipment failure. As mentioned above, bulk IP should be acquired from at least two
providers using diverse paths, one of which should be a Tier 1 provider.
The estimated one-time capital costs for equipment and services to establish a
transport network for the conceptual design, based on vendor-provided pricing,
would be about $530K as summarized in Table 8. The core network in this scenario
would consist of the City’s data center as the “central office” and a secondary, backup
site, which we assume would be an existing site. We assume that each site would have
a single router combining edge/core functionality, an aggregation switch, cloud
service/firewall appliance for security, Internet Protocol services, and management
software for server, network elements, and back-office functions.
Table 8. One-Time Capital Costs for a Transport Network
Item Unit Cost Quantity Total
Core/Edge Routing $80,000 2 $160,000
Switching $7,500 2 $15,000
Software $15,000 2 $30,000
Security $50,000 2 $100,000
Management $30,000 2 $60,000
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Item Unit Cost Quantity Total
IP Services $5,000 2 $10,000
Spares $15,000 1 $15,000
Subtotal $390,000
CPE $1,200 51 $61,200
Subtotal $451,200
Pro Services $78,000 1 $78,000
Total Capital Cost $529,200
Estimated costs for the two core network sites’ equipment alone are $390K. Expect
professional services at approximately 20% of the total equipment costs to be
required. All the City’s sites would get 1 Gbps connections, scalable to 10 Gbps. Each
site requires customer premise equipment (CPE) that terminates the transport
network and provides an interface to the site's local area network (LAN). We assume
there is existing LAN equipment capable of 1 Gbps connections. Sites without
connections or legacy equipment would involve additional site-specific costs. Budget
around $47K annually for maintenance and other recurring equipment costs.
The central office would house core and edge equipment for ISPs serving customers
within the area. Other carriers could be co-located in these sites so circuits and traffic
could be connected and routed to the rest of the world. Equipment and facilities
requirements are reasonably modest—primarily separate, secure cages for providers
and major network users to place equipment, along with environmental controls and
clean, reliable power. We assume the central office would be the City’s data center.
Otherwise, plan to spend approximately $500K to build out a data center, not
including property acquisition or construction costs.
Access Services
Discussion of access service considerations is included here for informational
purposes since the City is considering pursuit of partnerships with service providers
who would incur these costs to serve customers.
The major difference between a local transport network and a fiber access network is
the addition of access and distribution infrastructure, including hubs and multi-site
terminals, illustrated in Figure 19. The core network delivers much the same
functionality to broadband distribution hubs—also called points-of-presence (POP)—
as to transport service customer sites. The dedicated connections function as feeder
lines, which are also typically deployed in rings, between the core sites and
distribution hubs. The core and feeder networks and hubs comprise the “transport”
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network. Access requires additional equipment that supports connections to many
customers.
Figure 19. Passive Optical Network (PON) Architecture
Feeder fiber connects optical line terminators (OLT) in the core sites to passive
splitters called fiber distribution hubs (FDHs), typically in outdoor cabinet enclosures
placed strategically throughout the service area. Splitters may also be located within
the access POP itself. In areas where aerial fiber deployment may be used, FDHs may
be placed aerially or transitioned from the aerial pole to a ground mounted FDH. As
this plan is limited to assessing major corridors as fiber routes, we assume coverage is
limited to customer premises within 500 feet of the backbone. This requires only a
single FDH.
The distribution network branches out from the FDHs. Multiple access lines drop off
the distribution lines—hence the term “fiber drops”—via drop terminals into customer
premises. Major sites can be directly and diversely connected to the core sites via
“laterals,” basically putting them on the feeder network. The backbone fiber may be
used for a distribution, feeder network, and/or laterals, as well as core network. The
particular use of specific fiber strands is a matter of how they are spliced together and
where they terminate. Indeed, a single fiber cable can accommodate multiple
physically separate networks for purposes such as SCADA or traffic signal
interconnection.
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Hubs may be powered cabinets, prefabricated shelters, or existing structures with
sufficient space for equipment racks and other components. Feeder and Distribution
Fiber
Feeder infrastructure that extends from the POPs to neighborhoods and business
districts typically requires only a few fibers, at most a single 24-strand buffer tube. The
backbone typically consists of 288-strand fiber therefore at least a hundred strands
would be available for use as distribution. The estimated costs are based on feeder
fibers are sized based on the demand forecast and sizing of each enclosure to ensure
that each service area is well equipped for broadband services. These details are
addressed in engineering design to get optimal coverage for the least practical costs.
Each OLT serves 512 subscribers at a 1:32 split. The number of POPs and OLTs per
POP depends on the number subscribers. The cost includes OLT and backhaul
hardware necessary to connect each POP to the core routers. In an actual
design/implementation, each OLT would not need backhaul hardware, two line cards,
16 optical interfaces, etc.
Distribution fiber extends from the splitters in the FDHs to network access points
(NAPs), or drop terminals, which connect individual fibers entering customers’
premises. NAPs may be attached to aerial strand, located in ground level pedestals or
placed in underground vaults or hand holes located near the sidewalk or curb in
residential neighborhoods or business districts. NAPs are costed as an integral
component of the distribution infrastructure estimates. Fiber distribution to NAPs will
be sized based on the service area density to provide service to between 8-12
premises per NAP.
Fiber Service Drops
Fiber drops connect from each NAP to the customer premise equipment that delivers
broadband service. At the customer premise, the drop cable terminates in a
protective “clamshell” enclosure attached to a home or building for storage of slack
and connection to the home equipment. Drop fiber may be installed aerially or
underground, typically for a flat fee. Providers may charge additional drop costs for
special circumstances such as burying fiber through difficult landscapes or under
driveways. The average cost of a fiber drop in Magellan’s experience, including all
these components and labor, and recognizing that drops can vary greatly in
complexity and distance, is approximately $2,500.
Optical Network Terminal
An Optical Network Unit (ONU), sometimes called an Optical Network Terminal (ONT),
serves as the demarcation point between the retail ISP’s fiber network and the router
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or firewall connecting to the customer’s local area network (LAN). There are two
general methods for installing ONTs. The first method involves mounting an outdoor
rated ONT on an exterior wall of the structure and extending service wiring inside the
premise. The second method involves extending the fiber into the premise and
installing an indoor-rated ONU inside. In either case, the ONT is typically installed
somewhere near the fiber entrance and an AC power source. The ONT terminates the
fiber-based PON signals and provides customers with access to their services through
traditional copper interfaces. XGS-PON ONT’s supporting greater than 1 Gbps data
service may also support optical small form-factor pluggable (SFP) interfaces for
connection to enterprise-class LAN equipment.
Access, Distribution, and Transport Costs
Fiber in the routes analyzed above could connect retail ISPs’ POPs anywhere in City of
South San Francisco with backhaul via diverse routes to multiple upstream service
providers for maximum fault protection. Additional equipment, infrastructure, and
software will be required to connect homes and businesses to the network. In
practice, most access and distribution infrastructure can and should be built in a
phased manner in response to consumer demand and/or in conjunction with other
capital projects.
Discussion of these access service costs are included here for informational purposes
since the City is considering pursuit of partnerships with service providers – who do
incur these costs to serve customers. Therefore, it is important to understand the
scale of investment required. For cost estimation, we assume:
• 3500 Customer Premises Served per Hub
• 50%26 Prospective Customer Take Rate
• 1,750 Total Subscribers (Drops) per Hub
• 0 Video Subscribers
• 1 Data Center
• 1:32 Split ratio
The size of the subscriber base impacts the types, quantity, and costs of central office
equipment. Core routing and edge routing are assumed to be separated due to
increased capacity required. An optical line terminal (OLT), which establishes
connections over access infrastructure to subscriber premises, is also required along
with equipment for each subscriber site. For estimating costs, we assume that each
customer requires a separate broadband/Wi-Fi router, enclosure, and interface
26 Take rate in the context is used to estimate costs only, not revenues, and is set to a level intended to
result in conservative cost estimates.
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(optical network unit or ONU). Required professional services will be approximately
20% of total equipment costs. If additional FDHs were required beyond the central
office, plan to spend about $460K per remote hub to serve up to 2,250 subscribers.
Table 9. Capital Costs for Access Services
Item Unit Cost Quantity Total
Central Office and Distribution Equipment
Edge Routing $80,000 2 $160,000
Core Routing $125,000 2 $250,000
Switching $7,500 2 $15,000
Access Network $50,000 2 $100,000
Software $10,000 1 $10,000
Security $30,000 2 $60,000
Management $75,000 2 $150,000
IP Services $15,000 2 $30,000
Spares $25,000 1 $25,000
Subtotal $800,000
Customer Premises Equipment
ONU $275 1,750 $481,250
NID enclosure $50 1,750 $87,500
Residential Gateway $159 1,750 $278,250
RG Management $6,000 1 $6,000
Subtotal $853,000
Pro Services $160,000 1 $160,000
Subtotal $1,813,000
Software/Systems
Billing $50,000 1 $50,000
Subscriber/Provisioning $25,000 1 $25,000
Subtotal $75,000
Total Capital Expenses $1,888,000
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Appendix E: Technical
Specifications and Cost Estimates
Construction Methods and Costs
There are many different construction methods to deploy a fiber optic network, some
use existing infrastructure and other methods are new and require substantially more
labor, materials, and expertise. There are types of construction that are better to use
when a speedy deployment is desired. The baseline cost for fiber construction in
major metropolitan areas is approximately $120 per foot.27 The specific type of
construction depends on the built and natural environment and the location of sites
to be connected. Table 10 summarizes the construction methods available and
estimated cost for each.
Table 10. Fiber Construction Methods Compared28
Construction Methods
Estimated
Cost/Foot Brief Description
EXISTING INFRASTRUCTURE
Existing City owned Fiber
Optic Cable
$5 – $10 Re-splicing, adding splice cases, testing, and
documenting existing fiber
Existing City owned
empty conduit
$20-25 Placing new cable in existing conduit,
splicing, splice cases, testing and
documenting fiber
Remove and replace City
owned Fiber or Cooper
cables
$25 – $35 Removing working circuits, splicing, adding
splice cases, testing, and documenting
existing fiber
Upgrade traffic
interconnect conduit
$35-45 Removing interconnect cables, upgrade
handholes and sweeps, pull new cable,
splice, test, document
AERIAL CONSTRUCTION
Over lash aerial cable $20 – $25 Pole Loading, place new cable on existing
strand (over lash), splice, test, and document
27 Based on Magellan Advisors’ information about current market conditions in the region and state,
including local prevailing wages.
28 Cost estimates per foot range depending on local environment, existing infrastructure and utilities,
complexity of installation, permitting and ROW access, and local and regional standards and
specifications.
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Construction Methods
Estimated
Cost/Foot Brief Description
New attachment aerial
cable
$45-55 Pole load, build new attachments, place
strand, lash cable, splice, test, and document
New aerial with new
poles
$110 – $130 Same as above but must permit and place
new telephone poles first.
UNDERGROUND CONSTRUCTION
Vibratory Plow $35 – $45 Using a vibratory plow with 4' stinger to
place conduit prior to new cable placement
Micro trenching $40 – $50 Micro trenching uses a thin 1" – 2" by 12"
deep to cut a trench into the ground,
pavement, or other and place conduit in the
trench and seal it with special material to
prevent cable from coming out of the trench.
Rock Wheel $150 – $160 Uses a 6" – 8" blade to cut a trench up to 36"
deep through any material including rock,
gravel, asphalt, dirt etc.
Boring/Directional
Drilling
$100 – $130 Uses rods and a machine to drill a hole
under the surface of the earth at any depth
needed with minimal disturbance
Open trench $125 - $150 Using machines like mini excavators,
backhoes, shovels to open a trench to place
conduit and back fill over conduit
Assumptions used for the City of South San Francisco conceptual network design
include:
• New construction will be underground when possible
• Aerial construction will only be used for difficult crossings, railroads, water
ways, or highways
• The unit rates are the best current estimation and are subject to change
• The city does not intend to build an FTTX29 network and serve as a retail
provider
• The construction occurs in a phased deployment over multiple years
• Routing is based on road access; easements may be available to lessen the
footages and cost of deployment
• Existing Conduits are suitable for fiber optic cable placement
29 Generic term for Fiber to the Home (FTTH), Fiber to the Node (FTTC), Fiber to the Curb (FTTC), etc.
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• Existing city owned and future fiber optic cables will be of sufficient strand
count to accommodate expansion
• Kimley Horn design is accurate and can be used to expand the City’s network
Aerial or Overhead
Overhead deployment can cost 60% less than the baseline cost, assuming the cable
can be attached to existing poles.30 Poles must be inspected and engineered to make
sure that a new cable does not “blow” the pole. A blown pole means that the pole is
unsafe and has more weight on it than it can safely handle. If the engineering proves
the pole can support new cable placement on an existing strand, then placing a new
cable on an existing strand can be a desired method.
Boring/Directional Drilling
Direction drilling aka boring, requires a large, 4’x4’x4’, hole to be dug for each 300’-
500’ segment. Locating the existing utilities is required and anytime the bore path
crosses a utility, that utility must be “potholed” and physically located to verify the
boring will not contact and damage existing utility facilities. Potholes slow the process
of boring down, especially when numerous potholes are necessary. Next to open
trench, boring is the most expensive construction method.
Microtrenching
Microtrenching is a method of creating a small trench approximately 2” wide and up
to 24” deep. It is approximately a quarter of the baseline cost. A machine with a
carbide tipped blade cuts through rock, asphalt, concrete, dirt, etc. to make the
trench. Then a conduit is placed in the bottom and the trench is then backfilled and
compressed. The top 2”-4” is capped with different sealants and substances to protect
the trench from accidental damage and prevent moisture from seeping into the
ground and causing other serious issues. While cities may be hesitant to use or allow
microtrenching due to the shallow depth of the conduit and risk of damage from
other excavation efforts including water emergencies as well as the poor restoration
that can occur, recent State of California legislation31 requires it to be accommodated.
30 General Order 95 contains the California Public Utilities Commission regulations for attaching to
utility poles, which specifies standards that must be adhered to for the safe co-existence of electric and
telecom assets.
31 See discussion below in the Utility Coordination and “Dig Once” section.
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Open Trench/ Joint Trench
Open trench is when a trench is dug into the ground with shovels, backhoes, skid
steers, or mini excavators. The width may vary, but the trench is usually 12” wide by 4’
deep. Once the trench is “cut” conduit is placed in the bottom of the trench and
backfilled to cover the conduit. In most cases it is the most expensive method for new
construction. The high cost is due to cutting through asphalt, concrete, other
hardscape, labor cost, and restoration cost. This is a labor-intensive method. Joint
trench is the same as open trench except there are many participants from different
telecom, power, and cable companies that all share the expense of construction
making it more cost-effective.
Plowing
Plowing or vibratory plow is a method where a large machine drags a blade ranging
between 2’-4’ deep in the ground and vibrates up and down to “cut” through the
ground. The blade is rounded but sharp on the leading edge and has a slot on the
back edge that conduit is fed through as the blade is moved forward. The conduit is
routed over the top of the machine into the slot on the backside of the blade and is
placed as the machine moves along only leaving a line where the blade had been. The
restoration is minimal, and this is a very effective method in open areas with wide
easements and minimal utilities in the ground. For these reasons, plowing costs about
half to three-quarters of the baseline, depending on existing infrastructure, soil
conditions, and other factors.
Rock Drill and Rock Wheel
Rock drills are like giant jack hammers, which make holes as small as 4” in solid stone.
Rock wheels use a carbide tipped saw blade that cuts through asphalt, concrete, dirt,
rock, etc. just like microtrenching, and cuts a trench that is 6” wide and up to 36” deep.
Both rock drill and rock wheel are very expensive—two to three times baseline cost—
and slow methods of construction but when needed they are effective methods for
placing conduit.
Traffic Signal Interconnect
Traffic signal interconnect conduit systems are built to utilize copper cables and are
usually not able to accommodate fiber optic cables with the needed specifications.
Copper cable can be bent in hard 90-degree angles and wrapped very tightly inside of
handholes resulting in small handholes and 90-degree elbows. Fiber cables consist of
strands of flexible glass that carry light from one end of the cable to the other. If the
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strands are bent too tight the light cannot reach the other end. To use traffic signals,
conduits may need to be upgraded to accommodate fiber. The hard elbows need to
be changed to sweeps and handholes must be large enough to allow for the static
minimum bend radius of the new fiber. This construction method is more expensive
than overhead but cheaper than other underground construction methods.
Backbone fiber can be managed as a physical asset by assigning specific strands to
specific users, commonly on a lease basis, and uses. Strands in various cables must be
physically spliced together or optically interconnected, including via splitters, to form
complete paths so that any light shone (transmitted) down the fiber is seen (received)
at the other ends. This approach has relatively low cost because it doesn’t require
purchasing or operating equipment, but it can also be very inefficient.
For example, if two strands in a 10-mile-long backbone (20 strand-miles total) are
used to connect two sites that are a mile apart (2 strand-miles), the other 18 strand-
miles become stranded and can only be used on each side of the interconnected
sites. This approach also misses the benefit of redundant paths: If the fiber is cut
between the two sites, the connection is lost because the information cannot flow in
other directions. The key to effectively managing capacity is detailed information
about sites to be connected along with additional infrastructure to aggregate traffic
onto the network without having to dedicate strands to particular sites or types of
sites.
Tradeoffs Between Construction Methods
Construction methods cost very differently, and the inclination would be to use the
least expensive methods to save on the up-front capital investment needed. However,
all construction methods have their “pros and cons”, and the tradeoffs are something
that needs to be considered in advance of construction of a network. Below are some
examples of tradeoffs when considering different construction methods.
Example 1, boring vs. micro-trenching: New underground construction can be done in
a variety of ways with varying costs boring being one of the most expensive. Micro-
trenching is one of the least expensive methods of underground construction,
however, it has drawbacks that need to be evaluated and mitigated prior to use.
Micro-trenching is a shallow underground technique that is a viable in neighborhoods
where there is little traffic and little exposure to major emergencies, such as water
main breaks, that require major excavation in a hurried manner possibly exposing the
shallower fiber to possible damage and outages. However, in major intersections,
heavily travelled roads, water mains, storm drains, side sidewalks and gutters micro-
trenching presents a much higher risk to damage that using directional drilling/boring
which is much deeper at 36” - 48” deep on average.
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Example 2: When implementing a wireless network, it relies on a fiber backbone to
operate effectively and setbacks with regards to tower and pole placement would
need to be adjusted accordingly. The cost and speed of deployment may be the best
possible tactic for network construction, below are possible tradeoffs:
• Aerial equipment is more exposed to the elements, destruction, wildfires, and
as such can have a higher maintenance cost.
• Wireless networks are susceptible to line-of-sight issues with foliage, buildings,
concrete structures, hills, and other blockages that change over time. Trees
grow, buildings are constructed, and foliage changes over time which impede
propagation of radio signals.
• Permitting and long-term cost of using other 3rd party telephone poles, PG&E
for example, can make this method not the best choice.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1075 Agenda Date:1/10/2024
Version:1 Item #:12.
Report regarding a resolution approving the Agreement for Construction and Reimbursement for Sewer
Improvements with Southline Building 1 Owner,LLC for the public sanitary sewer main improvements on
Tanforan Avenue, as Part of the Southline Development Project.(Matthew Ruble, Principal Engineer)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the Agreement for Construction
and Reimbursement for Sewer Improvements with Southline Building 1 Owner,LLC in an amount not
to exceed $397,000 for the public sanitary sewer main improvements on Tanforan Avenue,and
authorizing the City Manager to execute said Agreement and amendments to said Agreement to an
amount not to exceed $599,000, as Part of the Southline Development Project.
BACKGROUND/DISCUSSION
On July 13,2022,the City Council of the City of South San Francisco adopted Resolution No.117-2022,
approving entitlements for Phase 1 of the Southline Development Project,including a Vesting Tentative Map to
resubdivide the property following approval and recordation of one or more final map(s)in phases to facilitate
the Project,and subject to certain conditions of approval.Phase 1 of the development Project requires the
issuance of two Core &Shell Building Permits,one for Building 1 and another for Building 2,which,pursuant
to the Conditions of Approval and the City’s adopted Citywide Sewer Capacity Fee program (City Council
Resolution 56-2017), require the Developer to pay the City Sewer Capacity Fees.
The City of South San Francisco owns and maintains the public sanitary sewer collection system throughout the
City.The Developer of the Southline Project,Southline Building 1 Owner,LLC (Developer)is not responsible
for any Public sanitary sewer capacity upgrades as part of their development project.However,the City
requested the Developer,to perform a condition assessment of the sanitary sewer main on Tanforan Avenue
downstream of the Development project’s sewer lateral.The condition assessment reveals that the existing 24”
pipeline beneath the Union Pacific Railroad tracks from Dollar Avenue to Montgomery Avenue needs
rehabilitation.This work is not the responsibility of the Southline Developer but should be completed before
the Southline project is completed.
The Developer is performing sewer construction on their project site and on Tanforan Avenue in the vicinity of
this existing sewer line and they are capable and willing to perform the rehabilitation on behalf of the City in
advance of the completion of the Southline Phase 1 improvements,so long as the City reimburses them for the
work.There would be significant cost savings to the City,and to the public arising from the cost efficiencies
generated by having the Developer perform the sewer main rehabilitation on behalf of the City.
A Reimbursement Agreement has been prepared between the City and the Developer in an amount not to
exceed $397,000,that allows for the Developer to perform the sewer improvements and to be reimbursed by
the City for the actual cost associated with performing the work.In the event that additional funds are needed
due to unforeseen work,the Agreement could be amended to a maximum amount not to exceed $599,000.The
Developer agrees to the terms of the Agreement,a copy of which is attached to this Staff Report.Upon
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File #:23-1075 Agenda Date:1/10/2024
Version:1 Item #:12.
Developer agrees to the terms of the Agreement,a copy of which is attached to this Staff Report.Upon
completion of construction,and acceptance of the work by the City Engineer,the Developer will submit an
invoice to the City for reimbursement of the actual costs with all substantiating receipts for payments made to
the various contractors and consultants involved with the Project.Upon review and approval of the
Developer’s invoice, the City will make payment to the Developer.
ESTIMATED SEWER IMPROVEMENT COSTS:
The estimated cost of the sewer improvements is as follows:
Design/Engineering Cost $25,000
Construction Cost $285,000
Public Works Inspection Cost $30,000
Construction Contingency (20%) $57,000
Approx. Reimbursement Amount $397,000
SEWER FEES PAID TO THE CITY BY THE DEVELOPER:
City-wide Sewer Capacity Fee $695,506
FISCAL IMPACT
In October 2023,the City collected more than sufficient Sewer Capacity Fees from the Developer of the
Southline project to cover the costs of the proposed sewer work.The Sewer Enterprise Fund has a sufficient
fund balance to reimburse the Developer for performing the Sewer Improvements.
RELATIONSHIP TO THE STRATEGIC PLAN
Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life and
Livability by both maintaining and improving infrastructure.
CONCLUSION
Staff recommends that the City Council adopt a resolution approving the Agreement for Construction and
Reimbursement for Sewer Improvements with Southline Building 1 Owner,LLC in an amount not to exceed
$397,000 for the public sanitary sewer main improvements on Tanforan Avenue,and authorizing the City
Manager to execute said Agreement and future amendments to said Agreement to an amount not to exceed
$599,000, as Part of the Southline Development Project.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1083 Agenda Date:1/10/2024
Version:1 Item #:12a.
A resolution approving the Agreement for Construction and Reimbursement for Sewer improvements with
Southline Building 1 Owner, LLC for the public sanitary sewer main improvements on Tanforan Avenue, as
Part of the Southline Development Project.
WHEREAS,on July 13,2022,the City Council of the City of South San Francisco adopted,among other
approvals,Resolution No.117-2022,approving entitlements for Phase 1 of the Southline Development Project
on the Property,including a Vesting Tentative Map to resubdivide the Property following approval and
recordation of one or more final map(s)in phases to facilitate the Project,and subject to certain conditions of
approval; and
WHEREAS,Phase 1 of the Project requires the issuance of two Core &Shell Building Permits,one for
Building 1 and another for Building 2,which,pursuant to the Conditions of Approval and the City’s adopted
Citywide Sewer Capacity Fee program (City Council Resolution 56-2017),require the Developer to pay the
City Sewer Capacity Fees; and
WHEREAS,the City of South San Francisco owns and maintains the public sanitary sewer collection system
throughout the City.A condition assessment of the sanitary sewer main on Tanforan Avenue downstream of
the Development project’s sewer lateral reveals that the existing 24”pipeline beneath the Union Pacific
Railroad tracks from Dollar Avenue to Montgomery Avenue is in need of rehabilitation; and
WHEREAS,said rehabilitation work is the responsibility of the City and should be completed before the
Southline project is completed; and
WHEREAS,the Developer of the Southline project,Southline Building 1 Owner,LLC,(Developer)is
performing sewer construction on their project site and on Tanforan Avenue in the vicinity of this existing
sewer line and they are capable and willing to perform the rehabilitation on behalf of the City in advance of the
completion of the Southline Phase 1 improvements, so long as the City reimburses them for the work; and
WHEREAS,a Reimbursement Agreement has been prepared between the City and the Developer that allows
for the Developer to perform the sewer improvements and to be reimbursed by the City for the actual cost
associated with performing the work; and
WHEREAS,the Developer agrees to the terms of said Agreement,a copy of which is attached hereto as Exhibit
A; and
WHEREAS,there would be significant cost savings to the City,and to the public arising from the cost
efficiencies generated by having the Developer perform said sewer main rehabilitation on behalf of the City.
THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the
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File #:23-1083 Agenda Date:1/10/2024
Version:1 Item #:12a.
following actions:
1.Approves the Agreement for Construction and Reimbursement for Sewer Improvements with
Southline Building 1 Owner,LLC in an amount not to exceed $397,000 for the public sanitary
sewer main improvements on Tanforan Avenue,
2.Authorizes the City Manager to execute said Agreement and future amendments to said
agreement to an amount not to exceed $599,000 subject to review and approval as to form by the
City Attorney,and take any other action necessary to accomplish the intent of the staff report or this
resolution.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1094 Agenda Date:1/10/2024
Version:1 Item #:13.
Report regarding a resolution authorizing the City Manager to execute a professional services agreement with
HR&A Advisors,Inc.to prepare an anti-displacement roadmap in an amount not to exceed $387,600.(Nori
Dubon, Housing Fellow)
RECOMMENDATION
Staff recommends adopting a resolution authorizing the City Manager to execute a professional services
agreement with HR&A Advisors,Inc.to prepare an anti-displacement roadmap in an amount not to
exceed $387,600,including gathering and analyzing data,conducting extensive community engagement,
and providing policy recommendations for City Council consideration to address commercial and
residential displacement.
BACKGROUND
The City of South San Francisco adopted a comprehensive update to the General Plan in 2022 and recently
received State certification for its 2023-2031 Housing Element.As stated in the General Plan,the City’s
housing priorities include new housing production while preserving affordable housing and protecting
vulnerable residents from housing instability and displacement.But displacement does not only affect
residential tenants.Displacement pressures have also affected and commercial tenants.As South San
Francisco’s commercial areas continue to transform through rapid growth and changing development patterns,
the General Plan prioritizes support for vulnerable commercial tenants,particularly in the Downtown area,
which serves as the heart of the community and serves as a place for both small,local businesses and national
chains.
During the outreach and community engagement phases of developing the 2040 General Plan and 2023-2031
Housing Element,displacement pressures were a top concern for both residential and commercial residents.
Echoing this theme,in February 2023,City Council held its annual retreat to discuss the City’s priorities.At the
retreat,Council directed staff to begin preparing an Anti-Displacement Roadmap,synthesizing in one document
all of the City’s existing policies and programs to address commercial and residential displacement,gathering
richer data on which to base decision making,conducting extensive community and stakeholder outreach,and
preparing policy recommendations to strengthen the City’s approach to addressing displacement.
DISCUSSION
Understanding the scope identified by Council for the Anti-Displacement Roadmap requires a dedicated team
and professional expertise,staff issued a Request for Proposals (Attachment 1)for consulting services to
develop the Roadmap on October 4, 2023, via Procure Now, the City’s online bidding platform.
Scope of Work
The City expects the identified scope of work to take up to two years to complete.The task list includes
documenting and evaluating existing policies and programs,research and data gathering,conducting
community outreach efforts to establish a community advisory committee,developing policy recommendations,
and creating a final report/roadmap detailing all the work done during the process.The anticipated timeline
includes three to six months for the preliminary work,which includes data gathering and research,as well as
forming the advisory committee.Up to one year of advisory committee meetings would take place after theCity of South San Francisco Printed on 1/5/2024Page 1 of 3
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forming the advisory committee.Up to one year of advisory committee meetings would take place after the
advisory committee has been assembled,and an additional three to six months would be necessary to finalize
policy recommendations and create roadmap reports for commercial and residential displacement.Throughout
the process, Council would be kept abreast of progress through Memoranda, Presentations, and Study Sessions.
Proposal Evaluation
Proposals were received from the following firms:Community Planning Collaborative,HR&A Advisors,Inc.,
RSG,Inc.,and InterEthnica.Staff reviewed and scored the proposals,inviting the three top scoring firms to
interview on November 30,2023.The interview panel consisted of four individuals:the City’s Deputy
Economic &Community Development Director,Housing Manager,Economic Development Manager,and the
Partnership for the Bay’s Future Housing Policy Fellow.
Selection of a consultant to perform specialized professional services need not be based on cost alone but may
be based on a combination of factors including the firm’s expertise,experience,approach to the scope of work,
references,and price proposal.Attachment 2 is the Interview Evaluation Scoring Summary.Based on the
interviews and the qualifications submitted,HR&A Advisors,Inc.demonstrated they have the staffing
availability and experience working on residential and commercial anti-displacement work in other
jurisdictions to deliver the City’s identified scope of work.
Recommended Firm
HR&A has expertise in identifying displacement pressures and risks,as well as in crafting actionable residential
and commercial anti-displacement policies.They have experience working both across the country and with
nearby cities analyzing residential and commercial displacement trends and developing policies and tools to
address affordability challenges and displacement risks for both residents and businesses.HR&A's efforts aided
the City of Hayward in defining the impact of displacement on various neighborhoods,while also identifying
trends in rent and property value escalation.Additionally,they have worked with the Los Angeles County
Department of Regional Planning (LADRP)to address residential and commercial displacement concerns in a
historically Black neighborhood in South Los Angeles.
HR&A sub-consultant,Kearns &West,will lead the community engagement and outreach portion of the work.
The firm has expertise in collaborative planning on multifaceted projects,managing outreach and community
facilitation, and engaging with diverse Bay Area communities regarding housing and other challenging topics.
FISCAL IMPACT
The Fiscal Year (FY)2023-24 Operating Budget includes $200,000 in appropriations in Fund 270,the General
Plan Maintenance Reserve,to initiate the Anti-Displacement Roadmap work.This appropriation will be drawn
upon with Council’s authorization of the City Manager to enter into a professional services agreement with
HR&A.Staff do not anticipate exhausting the $200,0000 appropriation for this project this year and will
recommend additional funding in the FY 2024-25 Operating Budget to fully fund the contract.The remaining
$187,600 could be funded by Fund 823,Commercial Linkage Fees.There is no fiscal impact to the City’s
General Fund from adopting the recommended resolution.
RELATIONSHIP TO STRATEGIC PLAN
This contract assists in supporting the City of South San Francisco with its effort to prevent commercial and
residential displacement.
CONCLUSION
Staff recommends adopting a resolution authorizing the City Manager to execute a professional services
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File #:23-1094 Agenda Date:1/10/2024
Version:1 Item #:13.
Staff recommends adopting a resolution authorizing the City Manager to execute a professional services
agreement with HR&A Advisors,Inc.to prepare an anti-displacement roadmap in an amount not to exceed
$387,600,including gathering and analyzing data,conducting extensive community engagement,and providing
policy recommendations for City Council consideration to address commercial and residential displacement.
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REQUEST FOR PROPOSALS
for
Consulting Services to Research and Analyze Data, Lead Community Engagement, and Develop
Policies to Address Commercial and Residential Displacement
Issued:
October 4, 2023
Submittal Deadline:
October 25, 2023
To submit responses to this Request for Proposals,
bidders must create a FREE account with Procure Now at
https://secure.procurenow.com/signup
Contact:
Nori Dubon
Housing Policy Fellow
City of South San Francisco
Phone: (650) 829-6620
Email: nori.dubon@ssf.net
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TABLE OF CONTENTS
TABLE OF CONTENTS ....................................................................................................................................2
INTRODUCTION ............................................................................................................................................3
BACKGROUND ...............................................................................................................................................3
SCOPE OF WORK ...........................................................................................................................................4
SUBMITTAL INSTRUCTIONS ..........................................................................................................................5
RFP SCHEDULE ..............................................................................................................................................6
SELECTION PROCESS .....................................................................................................................................6
LIMITATIONS & CONDITIONS ........................................................................................................................7
EXHIBIT A ......................................................................................................................................................8
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INTRODUCTION
The City of South San Francisco (City) seeks submissions from qualified individuals, firms, or teams to
study the data and priorities outlined in South San Francisco’s General Plan, Shape SSF 2040, and
adopted 2023-2031 Housing Element, supplementing with updated data and research as appropriate;
conduct community outreach, including establishing and staffing a community advisory committee; and
develop policy recommendations addressing residential and commercial displacement in South San
Francisco for City Council consideration. The final product of this one- to two-year effort will be an anti-
displacement roadmap – a set of policies and programs addressing residential and commercial
displacement. This Request for Proposals (RFP) provides interested applicants with information to
prepare and submit proposals for consideration.
BACKGROUND
South San Francisco has a population of 63,484 and occupies the basin and portions of the sides of a
broad valley formed by the San Bruno Mountains to the north and the Coast Range to the west. Most of
the valley faces the San Francisco Bay, affording sweeping vistas from higher elevations and a strong
sense of identification with the Bay. South San Francisco is conveniently accessed by Highway 101,
Interstate 280, Caltrain, two BART stations (including a free shuttle), and numerous bus routes. The
City’s up and coming historic downtown boasts international dining, Michelin reviewed restaurants, a
wine school, and various retail establishments. Known as the “The Birthplace of Biotech”, South San
Francisco is home to over 220 biotech firms and has a daytime workforce of over 50,000 people.
Furthermore, the city is moving forward with planning streetscape improvements to widen downtown
sidewalks to enhance the urban experience and promote the City’s walkability.
South San Francisco has long been an industrial suburb of San Francisco with a blue-collar residential
population and relatively affordable housing. Once typified by heavy industry, South San Francisco’s
commercial areas have transformed into a significant biotech cluster. As this transformation has occurred,
the development of new housing units throughout the Bay Area has not kept up with population growth
and demand for housing. This regional demand has driven up housing prices in South San Francisco
making it more difficult for existing lower-income households to stay in the community. The City’s 1
recently adopted and soon-to-be-certified Housing Element includes new housing priorities for the next
eight years. Throughout the process of developing the 2023-2031 Housing Element staff heard often that
displacement pressures are a top concern for residents. This type of risk of housing displacement, has 2
led to overcrowding, long-term residents leaving the city, illegal conversions of accessory dwelling units,
and may lead residents to homelessness. 3
In addition, within the General Plan, the “A Prosperous Economy” section establishes goals and policies
that leverage South San Francisco’s unique economic and workforce assets to ensure that economic
growth creates equitably shared opportunities benefitting all residents. The City continues to strengthen
its role as the worldwide hub of the biotech and life sciences industries and attracting more jobs in the
technology sector, professional office sector, and other sectors with long-term growth potential and the
ability to diversify the city’s supply of high-wage jobs. Due to this growth in workforce, the City wants 4
Housing Element, Pg. 451
Housing Element, Pg. 212
Housing Element, Pg. 1263
General Plan, Pg. 154
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to promote the revitalization and redevelopment of its neighborhood commercial districts to encourage
economic growth, while supporting existing small business owners, including mom and pop shops, in the
district from being displaced. Focusing on preservation of retail and services for residents and workers
that can be conveniently accessed nearby, the City wants to ensure existing local businesses are not
displaced by new businesses that serve higher-income residents and can afford higher rents. 5
At its February 2022 annual retreat, the South San Francisco City Council directed staff to prepare an
anti-displacement roadmap, highlighting existing programs and policies and building on them with new
initiatives and/or legislation to address both commercial and residential displacement. Funding was set
aside for this effort in the Fiscal Year 2023-2024 budget. Additionally, the City is the recipient of a
Partnership for the Bay’s Future grant, providing a dedicated Housing Fellow to lead this longer-term
research, community engagement, and policymaking effort.
SCOPE OF WORK
The chosen firm will study the data and priorities outlined in South San Francisco’s General Plan and
adopted 2023-2031 Housing Element, supplementing with updated data and research as appropriate;
conduct community outreach, including establishing and staffing a community advisory committee; and
develop policy recommendations addressing residential and commercial displacement in South San
Francisco for City Council consideration. The final product of this one- to two-year effort will be an anti-
displacement roadmap – a set of policies and programs addressing residential and commercial
displacement.
The City expects no one firm will have expertise in all the tasks described below and that firms
responding to this RFP may also include one or more sub-contracted firms within their consultant teams.
The scope of services includes, but is not limited to, the following:
Research & Data Gathering:
1.Review data available in the City’s General Plan and Housing Element relevant to these topics.
2.Research and evaluate the existing programs that directly or indirectly address involuntary
displacement of residents and businesses.
3.Undertake additional research as necessary to develop a baseline of current data sufficient to inform
program and policy development.
4.Conduct benchmarking research on the programs and policies identified in the City’s adopted General
Plan and Housing Element as they relate to commercial and residential displacement.
Community Engagement:
1.The consultant team will be tasked with designing, assembling, and staffing a community advisory
committee with broad representation of the residential and commercial communities in South San
Francisco. This likely will include:
a.Writing a committee charter for approval by the Mayor.
b.Designing and implementing an application process, marketing and outreach plan, and
applicant review and recommendation to the Mayor.
c.Preparing information for monthly meetings including presentations and staff reports,
agendas, and minutes.
d.Facilitating monthly meetings over the course of 10 to 12 months.
2.Research and data gathering, as described above, may include community engagement to better
understand how displacement occurs in South San Francisco. This community outreach should be
conducted in an inclusive manner, featuring multiple languages, childcare, and meals as appropriate.
Housing Element, Pg. 1555
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3.Policy development and recommendation, as described below, may include community engagement
to vet conceptual policy frameworks and gain broader support (or identify broader resistance) to
certain recommendations. This community outreach should be conducted in an inclusive manner,
featuring multiple languages, childcare, and meals as appropriate.
Reporting and Policy Recommendations:
1.Informed by research, data analysis, and community and committee input, develop policy proposals
and recommendations to present to the Housing Standing Committee of the City Council and
Planning Commission, Planning Commission (as required), and City Council.
a.This may include as many as three presentations to each of the bodies listed above.
b.Presentation of policy recommendations includes preparing staff reports and PowerPoint
presentations.
2.Prepare a final report summarizing the research conducted, community engagement process, program
and policy recommendations, and suggested next steps.
Other Consultant-Suggested Tasks
Responding firms are welcome to share recommendations of scope beyond those tasks identified above.
The City welcomes consultant expertise to advise on or provide recommended optional components
which could be added to the project’s scope.
SUBMITTAL INSTRUCTIONS
Responses to this RFP must include a complete response to the requirements outlined in this section.
Submittals should be a straightforward delineation of the responding firm’s capability to satisfy the intent
and requirements of this RFP.
1.Cover Letter: Provide a cover letter expressing your interest in and affirming your capacity to
successfully carry out the responsibilities outlined in the scope of work section of the RFP.
Include name, address, phone number, and email address of the primary contact, as well as their
title and capacity within the organization. An officer authorized to make the submittal should sign
the cover letter.
2.Company Profile and Qualifications:
a.A statement of the individual or firm’s philosophy, goals, vision statements and/or
guiding principles.
b.Summary of representative services or projects managed and specifically staffed by the
individuals likely to be assigned to City projects.
c.Describe the individual or firm’s qualifications to provide any or all of the scope of work,
as outlined above.
d.Provide links to relevant sample work.
e.Provide an abbreviated version of the above for any proposed sub-consultants.
3.Team Members: Identify the project manager and senior level staff likely to be assigned to work
on this effort, as well as any proposed sub-consultants and their staffs. Include the qualifications
and relevant experience for the identified team members.
4.References: Complete contact information for a minimum of three recent clients for whom
similar services described in this RFP have been performed. References should also be provided
for sub-consultants.
5.Approach: Please detail your firm’s approach to the scope of work, including any additional
recommended or optional services.
6.Cost proposal: Include both a baseline not to exceed amount sorted by task and personnel, as well
as the cost of any additional recommended or optional services.
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7.Services Agreement: Please make a statement accepting the terms of the City’s standard
professional services contract, included as Exhibit A to this RFP. If there are any terms that are
not acceptable to your firm, please note those in this section.
This RFP includes a scope of work that is broad and complex. There is also space for firms to propose
additional recommended or optional tasks or services. As a result of this, the City may issue a Request for
Information (RFI) to all or a group of responding firms soliciting more detailed information in order to
better compare approaches and cost proposals.
Interested firms should provide an electronic copy of its submittal via ProcureNow by October 25, 2023
by 11:59PM (PST). Responding firms must create a free account with ProcureNow by signing up at
https://secure.procurenow.com/signup. Once firms have completed account registration, click on "Submit
Response," and follow the instructions to submit Proposal of this Request for Qualifications. Additionally,
all inquiries regarding the RFP should be submitted via ProcureNow.
RFP SCHEDULE
SELECTION PROCESS
Consultant selection shall be on the basis of demonstrated competence and on the professional
qualification necessary for the satisfactory performance of the services solicited and on fair and
reasonable price.
Submittals will be evaluated based upon, but not limited to, the following criteria:
1.Demonstrated understanding of the requested work and responsiveness to the RFP.
2.Firm expertise and competence including experience with similar projects.
3.Professional qualification and experience of individuals to be assigned to the project.
4.Proposed compensation rates.
5.Completeness of submittal.
6.Reference or evidence of past work experience or recommendations.
7.Oral interview, if necessary.
RFP Issued October 4th
Questions and Requests for Clarifications Due October 11th
Response to RFP Questions/Clarifications Posted October 18th
RFP Submittal Deadline October 25th
Interviews, if necessary Week of November 6th
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LIMITATIONS & CONDITIONS
The City reserves the right to:
•Request additional information.
•Extend the due date of the RFP.
•Interview none, any or all consulting firms that submit responses to the RFP.
•Reject, in whole or in part, any or all qualifications submittals, and to waive minor irregularities
in the submittal.
•Seek and obtain additional qualifications beyond the due date if the qualifications received are
unsatisfactory.
•Cancel, in whole or in part, this Request for Qualifications solicitation.
•The RFP is not a contract or a commitment of any kind by the City and does not commit the City
to award exclusive negotiating and/or development rights.
•No reimbursement will be made by the City for any cost incurred by developers in preparation of
the response to this RFP.
•The issuance of this RFP does not constitute an agreement by the City that the City Council will
actually enter into any contract.
•The information presented in this RFP and in any report or other information provided by the City
is provided solely for the convenience of the interested parties. It is the responsibility of interested
parties to assure themselves that the information contained in this RFP or other documents is
accurate and complete. The City and its advisors provide no representations, assurances or
warranties pertaining to the accuracy of the information.
•All responses to this RFP shall become the property of the City. The City may use any and all
ideas and materials included in any submittal, whether or not the respondent is selected as the
developer.
•Proposals and all other information and documents submitted in response to this RFP are subject
to the California Public Records Act, California Government Code §§ 6250 through 6276.48)
(CPRA), which generally mandates the disclosure of documents in the possession of the City
upon the request of any person, unless the content of the document falls within a specific
exemption category.
•Non-Liability: By participating in the RFP process, each respondent agrees to hold the Successor
Agency and City and its and their officers, employees, agents, representatives, and consultants
harmless from all claims, liabilities, and costs related to all aspects of this RFP. BUSINESS
LICENSE The selected firm will be required to obtain a City of South San Francisco Business
License prior to any services or work being rendered.
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EXHIBIT A
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
NAME OF CONSULTANTS
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and _______________ (“Consultant”) (together sometimes referred to as the
“Parties”) as of _______________ (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in the Scope of Work attached as Exhibit
A, attached hereto and incorporated herein, at the time and place and in the manner specified
therein. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on _______________, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement
shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
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Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided
in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
____________________, notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant’s proposal,
attached as Exhibit A, or Consultant’s compensation schedule attached as Exhibit B, regarding
the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City, Consultant shall not bill City for
duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under
this Agreement is based upon Consultant’s estimated costs of providing the services required
hereunder, including salaries and benefits of employees and subcontractors of Consultant.
Consequently, the parties further agree that compensation hereunder is intended to include the
costs of contributions to any pensions and/or annuities to which Consultant and its employees,
agents, and subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
▪Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);
▪The beginning and ending dates of the billing period;
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▪A task summary containing the original contract amount, the amount of prior billings, the total
due this period, the balance available under the Agreement, and the percentage of completion;
▪At City’s option, for each work item in each task, a copy of the applicable time entries or time
sheets shall be submitted showing the name of the person doing the work, the hours spent by each
person, a brief description of the work, and each reimbursable expense;
▪The total number of hours of work performed under the Agreement by Consultant and each
employee, agent, and subcontractor of Consultant performing services hereunder, as well as a
separate notice when the total number of hours of work by Consultant and any individual
employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours,
which shall include an estimate of the time necessary to complete the work described in Exhibit
A;
▪The amount and purpose of actual expenditures for which reimbursement is sought;
▪The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. City shall have no obligation to pay invoices
submitted ninety (90) days past the performance of work or incurrence of cost.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and submittal to
City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
City shall make no payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount
of compensation provided above either for a task or for the entire Agreement, unless the
Agreement is modified prior to the submission of such an invoice by a properly executed
change order or amendment.
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2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as Exhibit B.
2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by
this Agreement _____________________________. Reimbursable expenses shall not
exceed $_____________________. Expenses not listed above are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
Section 2 of this Agreement that shall not be exceeded.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment
of employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit ____. Unless Consultant
provides City with a valid Form 590 or other valid, written evidence of an exemption or
waiver from withholding, City may withhold California taxes from payments to
Consultant as required by law. Consultant shall obtain, and maintain on file for three (3)
years after the termination of this Agreement, Form 590s (or other written evidence of
exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility
for withholding taxes from any non-California resident subcontractor and shall submit
written documentation of compliance with Consultant’s withholding duty to City upon
request. .
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall
be not less than the prevailing rate for a day’s work in the same trade or occupation in the
locality within the state where the work hereby contemplates to be performed as
determined by the Director of Industrial Relations pursuant to the Director’s authority
under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by
Consultant or by any subcontractor shall receive the wages herein provided for. The
Consultant shall pay two hundred dollars ($200), or whatever amount may be set by
Labor Code Section 1775, as may be amended, per day penalty for each worker paid less
than prevailing rate of per diem wages. The difference between the prevailing rate of per
diem wages and the wage paid to each worker shall be paid by the Consultant to each
worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770 1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a
schedule showing all determined prevailing wage rates for the various classes of laborers
and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work week, and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee employed
by the Consultant in connection with the public work. Such records shall be certified and
submitted weekly as required by Labor Code Section 1776.”
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall,
at its sole cost and expense, provide all facilities and equipment that may be necessary to
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perform the services required by this Agreement. City shall make available to Consultant only
the facilities and equipment listed in this section, and only under the terms and conditions set
forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may
be reasonably necessary for Consultant’s use while consulting with City employees and
reviewing records and the information in possession of the City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
obligated to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall
procure the types and amounts of insurance listed below against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work
hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consistent with the following provisions, Consultant shall provide Certificates of Insurance,
attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or
currently maintains insurance that meets the requirements of this section and under forms of
insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor
to commence work on any subcontract until Consultant has obtained all insurance required
herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with
limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the
alternative, Consultant may rely on a self-insurance program to meet those requirements,
but only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets the
standards of the Labor Code shall be solely in the discretion of the Contract
Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the
Consultant, if a program of self-insurance is provided, shall waive all rights of
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subrogation against the City and its officers, officials, employees, and volunteers for loss
arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence,
combined single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability form
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting there from, and damage to property resulting
from activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL
0002 (most recent editions) covering comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive General
Liability. Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be
attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-
made basis.
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b. Any failure of Consultant to comply with reporting provisions of the policy shall not
affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the
period covered by this Agreement professional liability insurance for licensed
professionals performing work pursuant to this Agreement in an amount not less than
ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED
FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the
Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made
policy form with a retroactive date that precedes the date of this Agreement, Consultant
must provide extended reporting coverage for a minimum of five (5) years after
completion of the Agreement or the work. The City shall have the right to exercise, at the
Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the
Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the
commencement of any work under this Agreement.
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4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant
shall furnish City with complete copies of all policies delivered to Consultant by the
insurer, including complete copies of all endorsements attached to those policies. All
copies of policies and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not receive the
required insurance documents prior to the Consultant beginning work, it shall not waive
the Consultant’s obligation to provide them. The City reserves the right to require
complete copies of all required insurance policies at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be
attached to all insurance obtained pursuant to this Agreement stating that coverage shall
not be suspended, voided, canceled by either party, or reduced in coverage or in limits,
except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. In the event that any coverage required by this
section is reduced, limited, cancelled, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant’s earliest possible
opportunity and in no case later than ten (10) working days after Consultant is notified of
the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and
volunteers shall be covered as additional insureds with respect to each of the following:
liability arising out of activities performed by or on behalf of Consultant, including the
insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant in the course of providing services
pursuant to this Agreement. The coverage shall contain no special limitations on the
scope of protection afforded to City or its officers, employees, agents, or volunteers.
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A certified endorsement must be attached to all policies stating that coverage is primary
insurance with respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the
approval of City for the self-insured retentions and deductibles before beginning any of
the services or work called for by any term of this Agreement. Further, if the
Consultant’s insurance policy includes a self-insured retention that must be paid by a
named insured as a precondition of the insurer’s liability, or which has the effect of
providing that payments of the self-insured retention by others, including additional
insureds or insurers do not serve to satisfy the self-insured retention, such provisions
must be modified by special endorsement so as to not apply to the additional insured
coverage required by this agreement so as to not prevent any of the parties to this
agreement from satisfying or paying the self-insured retention required to be paid as a
precondition to the insurer’s liability. Additionally, the certificates of insurance must note
whether the policy does or does not include any self-insured retention and also must
disclose the deductible.
During the period covered by this Agreement, only upon the prior express written authorization
of Contract Administrator, Consultant may increase such deductibles or self-insured retentions
with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator
may condition approval of an increase in deductible or self-insured retention levels with a
requirement that Consultant procure a bond, guaranteeing payment of losses and related
investigations, claim administration, and defense expenses that is satisfactory in all respects to
each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting”
policy limit.
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4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverage, scope, limits, and forms of such insurance are
either not commercially available, or that the City’s interests are otherwise fully
protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the
time herein required, City may, at its sole option exercise any of the following remedies,
which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment
that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements
hereof; and/or
c.Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the
fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the
City, and hold harmless the City and its officials, officers, employees, agents, and volunteers
from and against any and all losses, liability, claims, suits, actions, damages, and causes of action
arising out of any personal injury, bodily injury, loss of life, or damage to property, or any
violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in
part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or
character of their work. The foregoing obligation of Consultant shall not apply when (1) the
injury, loss of life, damage to property, or violation of law arises wholly from the gross
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and
(2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no
part to the injury, loss of life, damage to property, or violation of law. It is understood that the
duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in
Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and
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endorsements required under this Agreement does not relieve Consultant from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have
been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees
to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing
services under this Agreement is determined by a court of competent jurisdiction or the
California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as
an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment
of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its
employees, agents, or subcontractors, as well as for the payment of any penalties and interest on
such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have
the right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary,
Consultant and any of its employees, agents, and subcontractors providing services under
this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
and all claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public Employees
Retirement System (PERS) as an employee of City and entitlement to any contribution to
be paid by City for employer contributions and/or employee contributions for PERS
benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
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Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply
with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions.
In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or
participant in, recipient of, or applicant for any services or programs provided by
Consultant under this Agreement. Consultant shall comply with all applicable federal,
state, and local laws, policies, rules, and requirements related to equal opportunity and
nondiscrimination in employment, contracting, and the provision of any services that are
the subject of this Agreement, including but not limited to the satisfaction of any positive
obligations required of Consultant thereby.
459
Consultant shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed
to the date of notice of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City all materials described in Section 9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all
the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
460
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall
survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City’s remedies shall include, but not be limited to, the
following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other
work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would have
paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
461
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those
described above, prepared pursuant to this Agreement are prepared specifically for the
City and are not necessarily suitable for any future or other use. City and Consultant
agree that, until final approval by City, all data, plans, specifications, reports and other
documents are confidential and will not be released to third parties without prior written
consent of both parties unless required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this
Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds TEN THOUSAND DOLLARS
($10,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of City or as part of any audit of the City, for a period of three (3)
years after final payment under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such proposal or
portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business
Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to
462
establish that the information that a prospective bidder submits is a trade secret. If a
request is made for information marked "Trade Secret" or "Business Secret," and the
requester takes legal action seeking release of the materials it believes does not constitute
trade secret information, by submitting a proposal, Consultant agrees to indemnify,
defend and hold harmless the City, its agents and employees, from any judgment, fines,
penalties, and award of attorneys fees awarded against the City in favor of the party
requesting the information, and any and all costs connected with that defense. This
obligation to indemnify survives the City's award of the contract. Consultant agrees that
this indemnification survives as long as the trade secret information is in the City's
possession, which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or
an action for declaratory relief, to enforce or interpret the provision of this Agreement,
the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other
relief to which that party may be entitled. The court may set such fees in the same action
or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
463
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement.
No officer or employee of City shall have any financial interest in this Agreement that would
violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months,
an employee, agent, appointee, or official of the City. If Consultant was an employee, agent,
appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it
did not participate in any manner in the forming of this Agreement. Consultant understands that,
if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement
is void and Consultant will not be entitled to any compensation for services performed pursuant
to this Agreement, including reimbursement of expenses, and Consultant will be required to
reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition
to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §
1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by
_________________ ("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
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10.10 Notices. All notices and other communications which are required or may be given
under this Agreement shall be in writing and shall be deemed to have been duly given (i)
when received if personally delivered; (ii) when received if transmitted by telecopy, if
received during normal business hours on a business day (or if not, the next business day
after delivery) provided that such facsimile is legible and that at the time such facsimile is
sent the sending Party receives written confirmation of receipt; (iii) if sent for next day
delivery to a domestic address by recognized overnight delivery service (e.g., Federal
Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt
requested. In each case notice shall be sent to the respective Parties as follows:
Consultant
___________________________
___________________________
___________________________
___________________________
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in
the following example.
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10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon
and effective as to all Parties..
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have
had an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO Consultants
Seal and Signature of Registered Professional with
report/design responsibility.
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____________________________
_____________________________________
City Manager NAME:
TITLE:
Attest:
_____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2729962.1
EXHIBIT A
467
SCOPE OF SERVICES
EXHIBIT B
COMPENSATION SCHEDULE
EXHIBIT C
INSURANCE CERTIFICATES
[OPTIONAL] EXHIBIT D
FORM 590
468
Community Engagement
and Outreach (20 pts)
Research & Data
Gathering (20 pts)
Reporting & Policy
Recommendation (20
pts)
Interview Presence
(20 pts)
Total (Max Score
80 pts)
HR&A and Kearns & West 12 19 17 15 63
InterEthnica and Street Level Advisors 18 13 9 15 55
RSG and Good City Co.13 15 12 14 54
RFP for Consulting Services for Anti-Displacement Roadmap
Aggregate Evaluation - Interviews
469
RFP for Consulting Services for
Anti-Displacement Roadmap
COMMERCIAL & RESIDENTIAL DISPLACEMENT
470
Background
•South San Francisco has transitioned from an industrial suburb with a blue-collar residential
population and relatively affordable housing to a biotech hub
•Affordability and displacement issues for both commercial and residential tenants was raised
during General Plan and Housing Element outreach
•At its annual retreat in February 2023, City Council directed staff to work on an Anti -
Displacement Roadmap to address both commercial and residential displacement pressures
471
Request for Proposals (RFP)
•Understanding developing an Anti-Displacement Roadmap would be a long -term, time-intensive
process, staff issued an RFP for a firm (or firms) to guide the work
•The RFP was posted on October 4, 2023, on the City's OpenGov platform
•The Scope of Work identified in the RFP includes:
•Research & Data Gathering
•Community Engagement including establishment of a community advisory committee
•Report development and policy recommendations
472
Request for Proposals (RFP)
•The City received four proposals:
•Community Planning Collaborative
•HR&A Advisors, Inc.
•RSG, Inc.
•InterEthnica
•ECD staff initially did a paper review of the submittals, eliminating one firm and interviewing the
three highest scoring firms on November 30, 2023
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Staff Recommends HR&A Advisors, Inc
•HR&A
•Experience working across the country analyzing residential and commercial displacement trends and
developing policies and tools to address affordability challenges and displacement risks for both
residents and businesses.
•Previous Work
•San Jose: worked with the City and VTA to develop residential and commercial anti -displacement
strategies as part of a neighborhood plan update addressing impacts of a new BART station
•St. Paul: analyzed feasibility and likely effectiveness of policies and programs to minimize residential
displacement risks for low and mod households and commercial displacement for small businesses
•Hayward: defined the impact of displacement on various neighborhoods and identified trends in rent
and property value escalation
•Los Angeles County: Worked with the Department of Regional Planning to address residential and
commercial displacement concerns in a historically Black neighborhood in South LA
474
Kearns & West (Sub Consultant)
•Kearns & West
•Will support the community engagement and outreach portion of the work
•Expertise in collaborative planning on multifaceted projects
•Managing outreach and community facilitation
•Engaging with diverse Bay Area communities regarding housing and other challenging local topics
475
Timeline
•The work will take up to two years
•3-6 months for the preliminary work
•Data Gathering and Research
•Assembling an Advisory Committee
•One year of outreach, policy ideation, advisory committee work
•Additional 3 -6 months to finalize policy recommendations, present to Council, and create
roadmap document
476
Budget
•HR&A proposes to complete the core tasks for an amount not to exceed $387,600
•Budget Breakdown
•Task 1: Project Management -$49,725
•Task 2: Research and Data Gathering -$144,650
•Task 3: Community Engagement -$79,790
•Task 4: Reporting and Policy Recommendations -$47,910
•15% Contingency -$50,525
•Total = $387,600
477
Funding Sources
•$200,000 appropriated in the FY23 -24 budget from the General Plan Maintenance Reserve
•Additional $187,600 needed to fund the remainder of the contract will be incorporated into the
FY24-25 budget and funded by Commercial Linkage Fees
478
Recommendation
•Staff recommends Council adopt the Resolution authorizing the City Manager to enter into a
professional services agreement with HR&A to develop an anti-displacement roadmap in an
amount not to exceed $387,600.
479
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1109 Agenda Date:1/10/2024
Version:1 Item #:13a.
Resolution authorizing the City Manager to execute a professional services agreement with HR&A Advisors,
Inc. to prepare an anti-displacement roadmap in an amount not to exceed $387,600.
WHEREAS,the City of South San Francisco adopted a comprehensive update to the General Plan in late 2022
and recently received State certification for its 2023-2031 Housing Element; and
WHEREAS,during the outreach and community engagement phases of developing the 2040 General Plan and
2023-2031 Housing Element,displacement pressures were a top concern for both residential and commercial
residents; and
WHEREAS, in February 2023, City Council held its annual retreat to discuss the City’s priorities; and
WHEREAS,at the retreat,Council directed staff to begin preparing an Anti-Displacement Roadmap,
synthesizing in one document all the City’s existing policies and programs to address commercial and
residential displacement,gathering richer data on which to base decision making,conducting extensive
community and stakeholder outreach,and preparing policy recommendations to strengthen the City’s approach
to addressing displacement; and
WHEREAS,in the Fiscal Year (FY)2023-24 budget process,City Council appropriated $200,000 in Fund 270,
General Plan Maintenance Reserve, to begin preparation of the Anti-Displacement Roadmap; and
WHEREAS,following an extensive procurement process including issuing a Request for Proposals and
interviewing responding firms,the City wishes to engage HR&A Advisors,Inc.to prepare the City’s Anti-
Displacement Roadmap.
NOW,THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Manager or their designee is hereby authorized to execute a professional services agreement with HR&A
Advisors, Inc. to prepare the City’s Anti-Displacement Roadmap in an amount not to exceed $387,600.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute any other
necessary documents to execute the agreement, 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.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1087 Agenda Date:1/10/2024
Version:1 Item #:14.
Report regarding a resolution approving Budget Amendment Number 24.027 appropriating $147,500 in the
Low-and Moderate-Income Housing Fund (Fund 241)in Fiscal Year 2023-24 for the City’s Emergency Rental
Assistance Program.(Nguyen Pham, Management Analyst II)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving Budget Amendment Number
24.027 appropriating $147,500 in the Low-and Moderate-Income Housing Fund (Fund 241)for the
Fiscal Year (FY)2023-24.Specifically,the appropriation includes $125,000 for direct rental assistance
and $22,500 for program administration.
BACKGROUND/DISCUSSION
The Emergency Rental Assistance Program was established by the City Council in February 2020.The program
helps low-income individuals and families avoid eviction and homelessness by providing a one-time financial
rental assistance to cover past-due rent or security rental deposit.The program aims to support households
earning up to 80%of the area’s median income.In 2023,for a household of one,that is $104,400 annually.For
a household of four,that is $149,100.Each household can request up to $4,500.The need for this program in
the community was identified prior to the beginning of the COVID-19 pandemic,though the program has since
been utilized more intensively than originally anticipated to assist those impacted by the pandemic.The chart
below shows the appropriations of funding to the program since its inception.
Meeting Date Resolution #Rental Assistance Administration
February 26, 2020 20-133 $30,000 $0
April 8, 2020 20-247 $220,000 $22,000
June 24, 2020 20-377 $250,000 $37,500
July 27, 2022 22-615 $250,000 $37,500
Total $750,000 $97,000
The Emergency Rental Assistance Program has not received a new budget appropriation for FY 2023-24.Due
to the availability of multiple sources of state and federal pandemic-relief dollars targeted towards emergency
rental assistance,the YMCA did not expend all City funds that were appropriated for FY 2022-23 during that
fiscal year and unspent funds were rolled into FY 2023-24 via purchase order.As non-City sources of funding
have been fully exhausted, and not renewed, the YMCA has increased usage of City funds.
Since inception of the Emergency Rental Assistance program,it has served 233 households with an average of
$3,300 in assistance per household.Of the households served,approximately 65%identify as Latinx,16%as
White, and a more detailed breakdown of client race demographics is viewed in the chart below.
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File #:23-1087 Agenda Date:1/10/2024
Version:1 Item #:14.
Reported Race Approximate Percentage of
Program Households
Latinx 65%
White 16%
Asian 6%
African American 7%
Hawaiian/Pacific Islander 2%
Two or More Races 2%
Other or undisclosed 2%
Of households assisted by the program,nearly half have been residents of District 5,with the next largest share
from District 3.The table below shows the distribution of households served by District.Separated out as a
sixth geographic population are the former residents of the Oyster Cove Marina.
District Number of Households (%)
District 1 17%
District 2 6%
District 3 20%
District 4 9%
District 5 47%
Oyster Cove Marina Displaced Liveaboards 1%
YMCA Administration
The YMCA Community Resource Center has been the program administrator since the inception of the City’s
Emergency Rental Assistance program.The YMCA was selected as the program administrator because they are
the County-selected Core Service Agency providing safety net services to South San Francisco,Brisbane,and
San Bruno residents in need of food,emergency housing assistance,emergency utility assistance,shelter,and
other basic needs.As the Core Service Agency,the YMCA is already the first place that South San Francisco
residents facing housing and financial insecurity would visit to access assistance,making it a natural fit to
administer this City-funded safety-net program.
Other Emergency Rental Assistance Funding
The County of San Mateo Human Services Agency (HSA)staff informed City staff that they have allocated
$113,000 in Emergency Rental Assistance program funds for FY 2023-24 to the YMCA.That funding spans
three jurisdictions,South San Francisco,Brisbane,and San Bruno.Staff estimates that this funding is not
sufficient to meet the needs of the community.
DISCUSSION
Between July 1,2023,and December 31,2023,40 households were assisted by the City’s program,receiving a
total of $107,892 in rental assistance.This amounts to an average of $17,982 a month in program expenses.For
the final six months of this fiscal year,staff anticipates the same or more funding is required to meet the need in
the community,as the pandemic and high inflation continue to affect the most vulnerable community members,
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leading to housing insecurity.
The YMCA also shared that it has taken more administrative time to manage the program.Upon making the
initial contact with the client,a YMCA case manager reviews the client’s application,assists with
translation/interpretation if applicable,contacts the landlord,coordinates paperwork to be completed,and
submits the payment request and application to the City.Case managers spend a lot more time helping
monolingual clients and establishing trust with landlords who are hesitant about the program.The City’s current
administrative fee of 15%does not adequately reflect the YMCA staff time spent on the program.Staff
recommends an increase in the administrative fee from 15% to 18% of the contract.
In summary,staff recommends a budget amendment of $147,500,including $125,000 for direct rental
assistance and $22,500 for administrative expenses to fund the Emergency Rental Assistance Program for the
remainder of FY 2023-24.The new budget appropriation being considered will provide financial relief and help
prevent lower income South San Francisco residents from falling into homelessness.
FISCAL IMPACT
Approval of Budget Amendment Number 24.027 will appropriate $147,500 from Fund 241,which includes
$125,000 for rental assistance and $22,500 for administrative costs in FY 2023-24.The unencumbered cash
balance of Fund 241 as of December 13,2023,is $2.3 million.Fund 241 receives roughly $212,486 in annual
income,providing a fairly stable and reliable source of funding for this program.This appropriation will have
no impact on the General Fund.
RELATIONSHIP TO STRATEGIC PLAN
Renter protection measures address the following Strategic Plan area:Strategic Plan Priority Area #2 Quality of
Life, Initiative 2.3 - Promote a balanced mix of housing options in South San Francisco.
CONCLUSION
Staff recommends that the City Council adopt a Resolution approving Budget Amendment Number
24.027 appropriating $147,500 in Fund 241 for FY23-24.The appropriation includes $125,000 for rental
assistance and $22,500 for program administration.
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Emergency Rental
Assistance Program
Danielle Thoe, Housing Manager
Annual Report and Recommendations
January 10, 2024
Nguyen Pham, Management Analyst II
484
About the
Program
2
➢Program goals: prevent homelessness and
keep lower-income renters housed
➢One-time assistance for households facing
financial hardship
➢Funds can cover back rent or security deposit
➢Each client can request up to $4,500
485
Program
Achievement
To -Date
3
➢To date, 233 households have received City assistance
➢Average request is $3,300
➢80% BIPOC households assisted
➢65% Latinx, 7% African American, 6% AAPI, 2%
Native Hawaiian/Pacific Islander
486
Program
Achievement
To -Date
4
District Households (%)
District 1 17%
District 2 6%
District 3 20%
District 4 9%
District 5 47%
Oyster Cove Marina
Liveaboards
1%
Distribution of households served by District
487
On-Going
Needs &
Challenges
5
➢Continue to see a need in the community
➢44 households assisted in first half of FY23-24
➢Very little funding for this program from other sources
➢Time-consuming administration and case management
488
Staff
Recommendation
6
➢Adopt a Resolution approving a budget
amendment appropriating $147,500 for Emergency
Rental Assistance:
➢$125,000 for direct assistance funds
➢$22,500 for program administration
489
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-10 Agenda Date:1/10/2024
Version:1 Item #:14a.
Resolution approving Budget Amendment Number 24.027 appropriating $147,500 in the Low-and Moderate-
Income Housing Fund (Fund 241) in Fiscal Year 2023-24 for the City’s Emergency Rental Assistance Program.
WHEREAS,the City of South San Francisco (“City”)aims to assist low-income households avoid eviction and
homelessness by providing a one-time financial assistance to cover past-due rent or security rental deposit in an
amount not to exceed $4,500 annually; and
WHEREAS,on July 27,2022,City Council adopted resolution #22-615 appropriating $250,000 with an
additional $37,500 for the program’s administration,totaling $287,500 for the purpose of assisting low-income
South San Francisco tenants facing financial hardship; and
WHEREAS,Fund 241 has a balance of approximately $2.3 million and receives approximately $210,000 in
annual income, providing a stable and reliable source of funding for this program; and
WHEREAS,the Emergency Rental Assistance programs have played a key role for low-income renters as local
jurisdictions recognize that renters are highly vulnerable to debt, homelessness, and displacement; and
WHEREAS,low-income residents of the City continue to have a need for funds from the Emergency Rental
Assistance program.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council does hereby approve Budget Amendment Number 24.027 appropriating $125,000 for the Emergency
Rental Assistance program and $22,500 for administrative expenses,totaling $147,500 to fund the Emergency
Rental Assistance program for the remainder of Fiscal Year 2023-24.
BE IT FURTHER RESOLVED that the City Council hereby takes the following actions:
1.The foregoing recitals are true and correct and incorporated herein as part of this Resolution.
2.Authorizes the Finance Director or their designee to take all necessary budgetary actions to carry out the
intent of this Resolution.
3.Authorizes the City Manager to implement the program consistent with this Resolution,to execute any
related documents or Agreements,and to take any other related actions necessary to carry out the intent
of this Resolution, subject to approval as to form by the City Attorney.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1102 Agenda Date:1/10/2024
Version:1 Item #:15.
Report regarding a resolution approving Budget Amendment Number 24.028 and authorizing the City’s
acquisition of the Below Market Rate (BMR)unit at 2230 Gellert Boulevard,Unit 3105 (APN 104540050).(
Elia Moreno, Management Analyst I and Danielle Thoe, Housing Manager)
RECOMMENDATION
Staff recommends that City Council adopt a resolution approving Budget Amendment Number 24.028
and authorizing the City’s acquisition of the Below Market Rate (BMR)housing unit located at 2230
Gellert Boulevard,Unit 3105 (APN 104540050)using the City’s Commercial Linkage Fee Fund (Fund
823).
BACKGROUND
The City’s Inclusionary Housing Ordinance (Municipal Code Chapter 20.380)creates Below Market Rate
(BMR)housing units within both ownership and rental developments.This ordinance serves to increase the
amount of housing affordable to low and moderate-income households in South San Francisco.When for-sale
BMR units are newly constructed and undergo their initial sale,each unit’s initial sale price is calculated based
on a complex formula.Specifically,this initial pricing process takes into account the Area Median Income
(AMI)level the unit is targeted to,the current interest rate expected on a 30-year,fixed-rate mortgage,a 5%to
10%down payment,private mortgage insurance rates,homeowners’insurance,and homeowners association
dues.When BMR units are resold,the sale price is calculated much more simply and intended to provide the
seller with some modest equity earnings.In the case of resales,the new sales price is indexed to the change in
AMI since the unit was last sold.
The City controls the resale price and resale procedures of for-sale BMR units through resale restriction
agreements and rights of first refusal,documents which are executed between the BMR owner and the City and
recorded against the property.These documents give the City opportunities to buy the unit upon the owner’s
intention to sell the unit or to assign that right of first refusal to a new income-qualified buyer.This ensures the
unit remains affordable for future households,preserving the City’s diverse affordable housing stock.The City
has approximately 100 for-sale BMR units located throughout the City and normally between 5 and 10 are
refinanced or resold each year.In the instance of nearly all resales,the City assigns its right of first refusal to
purchase the unit to an income-qualified buyer identified through a marketing,application,and lottery process
facilitated by the seller and their agent and supervised by the City and its consultants.
DISCUSSION
On August 10,2023,the City received a Notice of Intent to Sell from the owner of the BMR unit located at
2230 Gellert Boulevard,Unit 3105,in South San Francisco.The resale restrictions typically include a period of
time that the owner must attempt to sell a BMR to an income-qualified buyer,after which,either the City must
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File #:23-1102 Agenda Date:1/10/2024
Version:1 Item #:15.
time that the owner must attempt to sell a BMR to an income-qualified buyer,after which,either the City must
purchase it or the owner may sell it to any buyer at market rate, removing BMR limitations.
City staff has reviewed various options to assist in the resale of the unit,while reducing the negative financial
impacts to the sellers.To take action to intervene to prevent the market rate sale of the unit,staff recommends
executing the City’s right to purchase and taking title of the unit.Staff is requesting that the City Council
authorize the use of Commercial Linkage Fee Funds (Fund 823)to purchase the unit.Once purchased,the
property will be placed back on the market with Council having the authority to market to the affordability
level of their choice.
Executing the City’s purchasing right of this unit and preserving its status in the BMR program assists in
promoting affordable housing within the City.The loss of BMR units eliminates affordable housing
opportunities for low-to moderate-income residents,and we hope to do all we can to continue to make
affordable housing available to residents.
FISCAL IMPACT
The Commercial Linkage Fee Fund (Fund 823)has available fund balance of $18.1 million for this transaction.
This Fund will be used to pay all costs related to the preservation and resale of the subject property which
includes acquisition of the property and HOA fees.The proceeds from the resale will be replenished back into
Fund 823.
RELATIONSHIP TO STRATEGIC PLAN
Executing the City’s purchasing right would preserve this unit at risk of losing its affordability.
Preservation of affordable housing units addresses the City’s Strategic Plan Priority Area #2:Quality of Life,
Initiative 2.3 - Promote a balanced mix of housing options in South San Francisco.
CONCLUSION
Staff recommends that City Council approve Budget Amendment Number 24.028 and authorize the City’s
acquisition of the Below Market Rate (BMR)housing unit located at 2230 Gellert Boulevard,Unit 3105 (APN
104540050) unit using the City’s Commercial Linkage Fee Fund (Fund 823).
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:24-09 Agenda Date:1/10/2024
Version:1 Item #:15a.
Resolution approving Budget Amendment Number 24.028 and authorizing the City’s acquisition of the Below
Market Rate (BMR) unit at 2230 Gellert Boulevard, Unit 3105 (APN 104540050).
WHEREAS,the City’s Inclusionary Housing Ordinance (Municipal Code Chapter 20.380)creates Below
Market Rate (BMR) housing within both ownership and rental developments; and
WHEREAS,on August 10,2023,the City received a Notice of Intent to Sell from the owner of the BMR unit
located at 2230 Gellert Boulevard, Unit 3105; and
WHEREAS,the unit was posted on Multiple Listing Service (MLS)and the City’s website on October 19,
2023,with the affordability restriction set to 80%Area Median Income (AMI)and has received no qualifying
applicants for purchase; and
WHEREAS,the timeline for the City to assign its right of first refusal is set to expire shortly,after which the
BMR owner can sell the property to any buyer, removing the BMR resale restriction agreements; and
WHEREAS,to avoid the loss of this affordable housing unit,the City will immediately exercise its option to
purchase the unit using Commercial Linkage Fees (Fund 823); and
WHEREAS,once acquired,the City can determine the appropriate income level at which to market the unit for
resale.
NOW, THEREFORE, BE IT RESOLVED by the City Council of South San Francisco that it hereby:
1.Authorizes the City Manager or their designee to exercise the City’s option to acquire the BMR unit.
2.Approves Budget Amendment Number 24.028 appropriating funds from the City’s Commercial Linkage
Fee Fund (Fund 823) to acquire the BMR unit.
3.Authorizes the City Manager or their designee to execute all agreements,sign all documents,make all
approvals,and take all actions necessary or appropriate to carry out and implement the intent of this
Resolution, subject to approval as to form by the City Attorney.
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File #:24-09 Agenda Date:1/10/2024
Version:1 Item #:15a.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:23-1103 Agenda Date:1/10/2024
Version:1 Item #:16.
Conference with real property negotiators
Property: 226-230 Grand Ave., 232-238 Grand Ave., and 240-246 Grand Ave
Agency negotiator: Nell Selander, ECD Director; Danielle Thoe, Housing Manager; Sky Woodruff, City
Attorney
Negotiating parties: Giffra Enterprises
Under negotiation: Price and terms
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