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HomeMy WebLinkAbout2020-07-22 e-packet@7:00Wednesday, July 22, 2020 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING City Council Regular Meeting Agenda July 22, 2020City Council Regular Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-25-20 AND N-29-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Matsumoto, Nagales and Nicolas, Vice Mayor Addiego and Mayor Garbarino and essential City staff will participate via Teleconference. Members of the public may submit their comments on any agenda item or public comment via email or City Council hotline. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 Page 2 City of South San Francisco Printed on 12/15/2020 July 22, 2020City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RICHARD A. GARBARINO, Mayor MARK ADDIEGO, Vice Mayor MARK NAGALES, Councilmember BUENAFLOR NICOLAS, Councilmember KARYL MATSUMOTO, Councilmember ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 3 City of South San Francisco Printed on 12/15/2020 July 22, 2020City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Recognition of the South San Francisco Sister Cities program winning the 2020 Sister Cities International Best Overall Program Award. (Richard Garbarino, Mayor) 1. REMOTE PUBLIC COMMENTS Remote Public Comments Received2. Members of the public wishing to participate are encouraged to submit public comments in writing in advance of the meeting by 5:00 p.m. on Wednesday, July 22nd. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up. Emails received before the meeting start time will be emailed to the City Council, posted on the City’s website and will become part of the public record for that meeting. The email and phone line below will be monitored during the meeting. If a comment is received after the set time or during the meeting but before the close of the meeting, the comment will still be included as a part of the record of the meeting. The Clerk will make every effort to read emails received but cannot guarantee such emails will be read during the meeting, subject to the Mayor’s discretion to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Comments that are not in compliance with the City Council's rules of decorum may be summarized for the record. Email: all-cc@ssf.net Public comments can be made on items not on the agenda, or must clearly identify the Agenda Item Number in the SUBJECT Line of the email. The length of an email comment shall commensurate to the three minutes customarily allowed per individual comment, approximately 300 words total. City Council Hotline: (650) 829-4670 Please limit your voicemail to comply with the 3-minute time limitation for public comment. COUNCIL COMMENTS/REQUESTS Page 4 City of South San Francisco Printed on 12/15/2020 July 22, 2020City Council Regular Meeting Agenda CONSENT CALENDAR Motion to approve the Minutes for the meetings on June 10, 2020 and June 24, 2020.3. Report regarding a resolution approving a two-year time extension for a Tentative Parcel Map to reparcelize the Phase III Terrabay Specific Plan-Genesis Campus property (APNs 007-650-180 and 007-650-190) consistent with South San Francisco Municipal Code Chapter 20.230 and Title 19 entitled “Subdivisions”. (Jason Hallare, Senior Engineer) 4. Resolution approving a two-year time extension for a Tentative Parcel Map to reparcelize the Phase III Terrabay Specific Plan-Genesis Campus property (APNs 007-650-180 and 007-650-190) consistent with South San Francisco Municipal Code Chapter 20.230 and Title 19 entitled “Subdivisions”. 4a. Report regarding a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and South San Francisco Unified School District clarifying roles and responsibilities related to City-operated childcare programs on school campuses (Greg Mediati, Deputy Director of Parks and Recreation). 5. Resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and South San Francisco Unified School District clarifying roles and responsibilities related to City-operated childcare programs on school campuses. 5a. PUBLIC HEARING Report regarding adopting a Resolution 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 funds and to enter into all required agreements to receive the funds. (Deanna Talavera, Management Analyst II) 6. Resolution 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 funds and to enter into all required agreements to receive the funds. 6a. Report regarding a resolution authorizing the City’s application to the State of California Department of Housing and Community Development for a Local Housing Trust Fund Grant. (Deanna Talavera, Management Analyst II) 7. Resolution authorizing the City Manager to apply for and accept funds from the State of California’s Local Housing Trust Fund program. 7a. Page 5 City of South San Francisco Printed on 12/15/2020 July 22, 2020City Council Regular Meeting Agenda ADMINISTRATIVE BUSINESS Report regarding a resolution authorizing the City Manager to execute a Letter of Intent with Glydways to explore the development of a last-mile transportation system connecting Oyster Point with transit stations in South San Francisco, and approving a $30,000 budget for the preparation of a feasibility study (Christopher Espiritu, Senior Planner) 8. Resolution approving and authorizing the City Manager to execute a Letter of Intent with Glydways to explore the development of a last-mile transportation system connecting Oyster Point with transit stations in South San Francisco, and approving a $30,000 budget for the preparation of a feasibility study. 8a. Report regarding a resolution authorizing the City Manager to execute a Consulting Services Agreement with Mark Thomas of Oakland, California for the Grand Boulevard Initiative Phase III from Arroyo Drive to Kaiser Way (Project No. st1807) in an amount not to exceed $179,775 and authorizing a total budget of $200,000. (Jeffrey Chou, Associate Civil Engineer) 9. Resolution approving and authorizing the City Manager to execute a consulting services agreement with Mark Thomas of Oakland, California for the Grand Boulevard Initiative Phase III Project from Arroyo Drive to Kaiser Way (Project No. st1807) in an amount not to exceed $179,775 for a total budget of $200,000. 9a. Report regarding a resolution awarding a construction contract to Advanced Chemical Transport, Inc. (DBA ACT Enviro) of San Jose, CA in an amount not to exceed $215,950 for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project (Project No. pf2001), authorizing a total construction budget of $376,950, and authorizing the City Manager to execute the contract. (Angel Torres, Senior Civil Engineer) 10. Resolution awarding a construction contract to Advanced Chemical Transport, Inc. (DBA ACT Enviro) of San Jose, CA in an amount not to exceed $215,950 for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project (Project No. pf2001), authorizing a total construction budget of $376,950, and authorizing the City Manager to execute the contract. 10a. Report regarding adoption of a resolution related to Assembly Bill 2054 and Senate Bill 902 and authorizing the Mayor to send letters reflecting the City’s positions to the state legislature. (Christina Fernandez, Assistant to the City Manager) 11. Resolution in support of Assembly Bill 2054 and authorizing the Mayor to send a letter reflecting the City’s position to the state legislature. 11a. Page 6 City of South San Francisco Printed on 12/15/2020 July 22, 2020City Council Regular Meeting Agenda Report regarding adoption of a resolution authorizing the City Manager for the City of South San Francisco to pursue Coronavirus Aid, Relief, and Economic Security (CARES) Act relief funding, amending the Fiscal Year 2020-21 budget to reflect the receipt of funds, and appropriating the funds for identified programs in specified amounts. (Christina Fernandez, Assistant to the City Manager) 12. Resolution authorizing the City Manager for the City of South San Francisco to pursue Coronavirus Aid, Relief, and Economic Security (CARES) Act relief funding, amending the Fiscal Year 2020-21 budget to reflect the receipt of funds, and appropriating the funds for identified programs in specified amounts 12a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT Page 7 City of South San Francisco Printed on 12/15/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-492 Agenda Date:7/22/2020 Version:1 Item #:1. Recognition of the South San Francisco Sister Cities program winning the 2020 Sister Cities International Best Overall Program Award.(Richard Garbarino, Mayor) City of South San Francisco Printed on 7/16/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-496 Agenda Date:7/22/2020 Version:1 Item #:2. Remote Public Comments Received City of South San Francisco Printed on 7/16/2020Page 1 of 1 powered by Legistar™ From:Laura Grgich To:All at City Clerk"s Office Subject:Sign Hill Construction? Date:Wednesday, July 22, 2020 9:49:26 AM Hello City Council, My sister has a home on Larch Ave, I live next door on Irving Street. We have lived here for more than 30 years. She has seen someone on the rear of Sign Hill that appears to be surveying the area. Are there any plans to build there? I remember protesting plans for building more residences there many years ago. It is a beautiful hill and home to so much wildlife. Children have played there for generations. It is one of the last green areas in SSF. I am sure that our neighborhood would protest any building plans again and we will help to organize it. Sincerely, Laura Grgich Government Code Section 54957.5 SB 343 Agenda: 7/22/2020 Item # 2 Remote Public Comments Remote Public Comment Voicemail for City Council Regular Meeting of July 22, 2020. Name Subject Shirley Gibson, Directing Attorney for Legal Aid Society of San Mateo County Agenda Item #12 I would like to thank the City Council for their leadership in innovating this type of landlord assistance fund and allocating the recommended $280,000 towards the Default Prevention for small landlords. This is an effective use of public funding that is beneficial for the entire community. From what we, the Legal Aid Society, see on the front lines in real time is the tenants are struggling to pay their rent, and landlords are struggling with their ability to operate their business without the normal rent revenue. We think that the prevention of displacement, by addressing the landlord hardship, is one of the most effective and direct ways to attack the economic downturn were facing right now. Some landlords can afford to be flexible with their tenants, we are seeing some landlords who are taking less of a loss or have a greater capitalization being able to forgive some of the rent that’s been accrued or allow more time to pay. Other landlords, many of our smaller landlords that provide naturally occurring affordable housing in the community, simply don’t have the margins that give them the ability to be flexible even the most judicious landlords probably don’t have the savings to endure six months of a big hit on their rent revenues. These tenants are often desperate to pay their landlords but are unable to. The landlords are left with squeezing the tenants to get whatever they can out of those tenants who don’t have the money to pay them. The landlords can opt to try to evict and turn the unit over, with no guarantee that they will be able to do that soon or even fill the vacancy, or they risk the loss of their property all together. Each of these options have severe community harm behind it and those are the harms we need to address with direct assistance to these distressed landlords. The hard reality is that the tenants alone are not going to be able to fulfill this gap, and unless the foreclosure crisis that we’ve seen shows that the acquisition of this naturally occurring Affordable Housing by speculators is bad for everyone in the community. These are not the land owners we want to invite in to South San Francisco. We’d hope that the rest of San Mateo County will follow your lead and enhance the provisions like these. Thank you for taking leadership and thank you for your time. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-497 Agenda Date:7/22/2020 Version:1 Item #:3. Motion to approve the Minutes for the meetings on June 10, 2020 and June 24, 2020. City of South San Francisco Printed on 7/16/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-454 Agenda Date:7/22/2020 Version:1 Item #:4. Report regarding a resolution approving a two-year time extension for a Tentative Parcel Map to reparcelize the Phase III Terrabay Specific Plan-Genesis Campus property (APNs 007-650-180 and 007-650-190)consistent with South San Francisco Municipal Code Chapter 20.230 and Title 19 entitled “Subdivisions”.(Jason Hallare, Senior Engineer) RECOMMENDATION That the City Council adopt the attached resolution making findings and approving a second time extension for Tentative Map (P17-0087, PM17-0087) subject to the attached conditions of approval. BACKGROUND/DISCUSSION The Planning Commission originally approved the Tentative Parcel Map to reparcelize the Phase III Terrabay Specific Plan-Genesis Campus (Attachment 1)at its meeting on December 7,2017.The purpose of the parcel map is to facilitate the development of the entitled separate parcel with a seven story building that would include a hotel. Per South San Francisco Municipal Code (SSFMC)Title 19,entitled “Subdivisions”,a final map is required to be prepared within 24 months after approval or conditional approval of the tentative maps.The original expiration date was December 7,2019.Upon written application of the subdivider to the City Council prior to the expiration of the tentative map,an extension of the life of a tentative map may be granted by the City Council.If the applicant allows the time-extension to expire and does not prepare the final map,no further extensions are permitted and the applicant is required to file a new tentative parcel map.Per SSFMC 19.44.020 and Government Code 66452.6(e), the Tentative Parcel Map extensions shall not exceed a total of six years. On November 25,2019,the City Council approved a one-year time extension for the Tentative Parcel Map. This first extension has a new expiration date of December 7,2020.The resolution is included here as Attachment 2. On June 25,2020,the City received a written time extension request,included as Attachment 3 for an additional two-year extension.Per the extension request letter,the unexpected effects of the COVID-19 pandemic have challenged the Developer’s workforce and operations and altered the project’s schedule.The request for a two-year extension would allow the applicant to submit the Final Map and the City to finalize their review and record the final map.A two-year extension would have a new expiration date of December 7, 2022 and totals to three years of time extension. For a detailed review of the project,the Planning Commission staff report of December 7,2017 is included herein as Attachment 4. FISCAL IMPACT Approval of this Tentative Map time extension will have no impact on City funds. RELATIONSHIP TO STRATEGIC PLAN Approval of this Tentative Map time extension will support the City’s Strategic Plan Priority Area 2 -InitiativeCity of South San Francisco Printed on 7/16/2020Page 1 of 2 powered by Legistar™ File #:20-454 Agenda Date:7/22/2020 Version:1 Item #:4. Approval of this Tentative Map time extension will support the City’s Strategic Plan Priority Area 2 -Initiative 2.4 by promoting quality of life through expanding the range of employment options through business retention and development projects. CONCLUSION The two-year Time Extension for a Tentative Parcel Map is in keeping with the Terrabay Mixed Use Development land use designation,the Terrabay Specific Plan Zoning District zoning designation,the land use, density,location,and intensity of use identified in the approved 2017 Final Terrabay Specific Plan Phases II and III,and the approved 2017 Genesis Precise Plan.The Tentative Parcel Map continues to comply with the City’s Subdivision Ordinance and with the State Map Act.Therefore,staff recommends that the City Council adopt the associated Resolution making findings and approving a two-year time extension for the Tentative Parcel Map, subject to the attached conditions of approval. Attachments: 1.Location and Concept 2.First Extension Resolution 3.Second Extension Request 4.Planning Commission December 7, 2017 Staff Report City of South San Francisco Printed on 7/16/2020Page 2 of 2 powered by Legistar™ NProject LocationT E R R A B A YE A S T O F 1 0 1San FranciscoBaySan Bruno MountainState ParkB R I S B A N EATTACHMENT 1 - LOCATION AND CONCEPTVICNITY MAP Genesis South San Francisco -Amenity Building 1 Proposed Amenity/Mixed Use/Hotel Tentative Parcel Map Approval PM17-0005 City of South San Francisco P.O. Box 711 (City Hall, Igo 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 155-2019 File Number: 19-891 Enactment Number: RES 155-2019 RESOLUTION APPROVING A ONE-YEAR TIME EXTENSION OF A TENTATIVE PARCEL MAP TO REPARCELIZE THE TERRABAY PHASE III GENESIS CAMPUS (APNS 007-650-180 AND 007-650-190) CONSISTENT WITH SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.230 AND TITLE 19 ENTITLED SUBDIVISIONS". WHEREAS, AP#-SF2 CT South LLC and AP#-SF3 CT North LLC (Genesis South San Francisco) Applicant") own property commonly known as Terrabay Phase III of the Terrabay Specific Plan, which is located at One and Two Tower Place in South San Francisco, California; and WHEREAS, the Terrabay project has an extensive planning history, dating back to the early 1980s; and WHEREAS, the City Council of South San Francisco approved the Final Terrabay Specific Plan Phase III of the Terrabay Development on November 21, 2000, and have since approved amendments, most recently in 2017, to the Final Terrabay Specific Plan and approved Precise Plan; and WHEREAS, the Terrabay Phase III Genesis Campus Project consists of a Transportation Demand Management Program (TDM); surface, structured and valet parking; 665,000 square feet of Research and Development (R&D) and office in two towers (North and South Towers); 25,000 square feet of retail with a minimum of one quality restaurant; a shared use 200 -seat performing arts center, public art program and a 53,000 square foot Amenity Building permitted to include, but not limited to, a hotel, conference areas, restaurant, and wellness center ("2016 Project"); and WHEREAS, the South San Francisco Planning Commission approved a Tentative Parcel Map on December 7, 2017 to reparcelize the Terrabay Phase III Genesis Campus to allow the approved Amenity Building to be on a separate parcel; and WHEREAS, pursuant to South San Francisco Municipal Code ("SSFMC") Title 19 (Subdivision Ordinance), any failure to record a final map within 24 -months from the approval or conditional approval of the tentative map, or any extension thereof granted by the City Council, shall terminate all proceedings and before a final map may thereafter be recorded, a new tentative map shall be submitted; and WHEREAS, the Applicant submitted a written application for a one-year time extension on October 18, 2019, which is prior to the Tentative Parcel Map expiration date of December 7, 2019; and WHEREAS, the City Council considered the Tentative Parcel Map at its duly noticed public hearing on City of South San Francisco Page 1 File Number. 19-891 November 13, 2019. Enactment Number: RES 155-2019 Now, therefore, be it resolved that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. ("CEQA") and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the California Subdivision Map Act; the Tentative Parcel Map prepared by BKF Engineering; the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed November 13, 2019 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: SECTION 1 FINDINGS I. General Findings 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibits, including Tentative Parcel Map attached hereto as Exhibit A and the Conditions of Approval attached as Exhibit B, are incorporated as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. 4. The City Council finds that the one-year time extension of a Tentative Parcel Map is in conformity with the provisions of the Subdivision Map Act and Title 19 of the SSFMC as to design, drainage, utilities, road improvements and offers of dedication or deed. II. Chapter 19.48 Findings 1. The Tentative Parcel Map does not deviate from existing as -built and approved yet -to - be -built conditions. Currently the South Tower is located on Parcel 1 that also includes the structured parking garage, visitor parking, and Tower Place Drive. Parcel 2 contains the North Tower (under construction) and the Amenity Building (in financing and design stage). Access to, and maintenance of the infrastructure, roads, amenities, utilities, and parking structure is currently (and would continue to be) allocated to both the North and South Tower occupants and owners through the recorded Reciprocal Easement Agreement (REA) and recorded Conditions, Covenants and Restrictions (OCR's). The current two -parcel map and REA was approved February 7, 2008. Approval of the 2017 parcel map would require an amendment to the existing REA and CCR's with City and legal staff approval prior to filing the final Parcel Map. City of South San Francisco Page 2 File Number. 19-891 Enactment Number. RES 155-2019 2. The Tentative Parcel Map is consistent with the analysis included in the certified 1982 Environmental Impact Report (EIR), 1998 Supplemental Environmental Impact Report SEIR), 1998/99 SEIR, 2005/6 SEIR, Mitigation Monitoring and Reporting Program MMRP), and addenda prepared thereto in 2006, 2008, 2015 and 2017. A Statement of Overriding Considerations for impacts related to air quality and transportation remain in effect. Approval of this one-year time extension of the Tentative Parcel Map would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIR certified by City Council, nor does the one-year time extension of the Tentative Parcel Map constitute a change in the Project or change in circumstances that would require additional environmental review. Therefore, no further CEQA action is required by the City Council at this time. 3. The one-year time extension of the Tentative Parcel Map would not alter the location, use or maintenance of any activities, uses or improvements on the Genesis Campus. The Tentative Parcel Map would not change any other aspects of the Project which is to continue to be governed by the approved 2017 Specific and Precise plans and MMRP. 4. The one-year time extension of the Tentative Parcel Map would not result in health, safety or welfare impacts to the occupants and visitors to the campus and the community at large. The addition of parcel lines will increase safety on the site. The creation of new parcel lines requires building and fire safety upgrades in areas where the new parcel line does not meet the minimum building setback identified in the California Building Code. Therefore, some areas will require Type 1-A building construction, increases to a two- hour fire barrier, additional air in- and out -take, some exterior walls constructed to a two- hour fire rating, two-hour walkway construction and additional density in fire suppression systems. 5. The Tentative Parcel Map conforms to the Terrabay Mixed Use Development land use designation, the Terrabay Specific Plan Zoning District zoning designation, the land use, density, location, and intensity of use identified in the approved 2017 Final Terrabay Specific Plan Phases II and III, and the approved 2017 Genesis Precise Plan. The Genesis Campus site permits R&D, office, restaurants, wellness center, hotel retail, open space and recreation land uses. 6. The Tentative Parcel Map is consistent with the standards and requirements of the City's Zoning Ordinance, Title 19 of the South San Francisco Municipal Code ("Subdivisions") and with the requirements of the State Subdivision Map Act. 7. The Project site is physically suitable for the type of development and density proposed, as the mixed-use campus in the Terrabay Specific Plan Phase III Area. 8. The design and improvements of the Tentative Parcel Map are not in conflict with any existing public easements. 9. The property is located in a developed, urban setting, and is not subject to a Williamson City of South San Francisco Page 3 Printed on 11126119 File Number: 19-891 Enactment Number: RES 155-2019 Act contract, on open space easement, a conservation easement, or an agricultural conservation easement. The surrounding land uses and resulting parcels would not support agricultural uses; the resulting parcels would result in mixed-use development not incidental to commercial agricultural use of the land. SECTION 2 DETERMINATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution and approves the one-year time extension of the Tentative Parcel Map, attached hereto and incorporated herein as Exhibit A, subject to the conditions of approval attached as Exhibit B. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Exhibits: A. Proposed Tentative Parcel Map B. Conditions of Approval At a meeting of the Special City Council on 11/25/2019, a motion was made by Councilmember Addiego, seconded by Vice Mayor Garbarino, that this Resolution be approved. The motion passed. Yes: 5 Councilmember Nagales, Mayor Matsumoto, Councilmember Addiego, Councilmember Nicolas, and Vice Mayor Garbarino Attest by ix L dw' osa Govea Acosta City of South San Francisco Page 4 NOTE: THIS PROPOSED PARCEL CONFIGURATION EXHIBIT SHOWS THE SUBDIVISION OF PARCELS 1 & 2 AS SHOWN ON 78 PM 67-68 INTO LOTS 1 THRU 4. EXHIBIT A - TENTATIVE PARCEL MAP Exhibit B Conditions of Approval 2017 TENTATIVE PARCEL MAP TERRABAY PHASE III GENESIS CAMPUS CONDITIONS OF APPROVAL P17-0087 and PM17-0005 The Applicant/Project shall conform to all the conditions of approval identified in Resolutions 82-2006, 89-2008, 107-2012, 64-2015, 17-2008 and as follows and as modified herein, as well as the additional conditions contained herein. A. PLANNING DIVISION 1. The Applicant/Project shall implement all the mitigation measures identified in the adopted Mitigation Monitoring and Reporting Program for Terrabay adopted by City Council Resolutions 81-2006, 88-2008 and 108-2012. 2. The existing development deposit shall not drop below a $25,000 balance at any time until a final certificate of Occupancy is issued for the North Tower and all impact fees, mitigation measures and construction are complete. The development account shall pay for City services including but not limited to attorney fees, consultant and staff fees to review project plans, perform inspections, respond to questions and overall project management. 3. Prior to filing and recording the Parcel Map the existing recorded Reciprocal Easement Agreement (REA) and recorded Conditions, Covenants and Restrictions (CCRs) shall be amended to reflect the boundary changes, easements and maintenance responsibilities required to accommodate the Parcel Map. The REA and CCRs shall be coordinated with and approved by City Planning, Engineering and the City Attorney prior to filing the final Parcel Map. 4. The Alternative Means and Methods Requirements (AMMR) shall be approved in final form by the Chief Building Official and Fire Marshal. The approved AMMR shall be included in the CCRs and REA and recorded. B. ENGINEERING DIVISION 1. The Final Parcel Map shall show all access and private utility easements. 2. The CC&R should allocate how many parking spaces each lot is entitled. 3. The CC&Rs and REA shall address all utility connections. EXHIBIT B - CONDITIONS OF APPROVAL City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1134 Agenda Date:12/7/2017 Version:1 Item #:3. Report regarding a resolution approving a Tentative Parcel Map to reparcelize the Terrabay Phase III Genesis Campus property to allow the approved Amenity Building to be on a separate parcel.(Allison Knapp, Consulting Planner) RECOMMENDATION Staff recommends that the Planning Commission adopt the attached resolution making findings and approving Tentative Parcel Map (P17-0087, PM17-0005) subject to the attached Conditions of Approval. BACKGROUND The Terrabay Project has an extensive planning history spanning 34 years.The City approved the Phase III Centennial Towers (Terrabay)Project in 2000.Over the past 17 years there have been a few modifications to the Centennial Towers Project,including a new moniker “Genesis Campus”that occurred in 2015,by the new owner. The salient modifications are outlined below: 1.Commercial Entitlements.City Council approved what is known as the 2006 Terrabay Phase III Project on October 11,2006 (Resolution #82-2006).The 2006 Project permitted the construction of 665,000 square feet of Class A office in two towers (North and South Towers),25,000 square feet of retail with a minimum of one quality restaurant,a required shared use 200-seat performing arts center, and public art program.The 2006 entitlement amended the first Terrabay Phase III approval in 2000 that included the same development program in one tower with a larger footprint (Resolution# 148-2000). 2.Product Design Studio.City Council approved an amendment to the 2006 Terrabay Phase III Project to permit a 15,007 square foot “Product Design Studio”(PDS)above the North Tower ground floor retail concourse in 2008 (Resolution #89-2008).The PDS was intended to be used as technology research support to the office component in the North Tower and would not be open to the public. 3.Terrabay Mixed Use Designation.City Council approved a modification to the 2006 Terrabay Specific and Precise Plans,to allow the Centennial Towers Project to be occupied with Research and Development (R&D) as well as retail, restaurant, amenities and office uses (Resolution #63-2015). On November 17,2015,the Applicant AP#-SF2 CT South LLC and AP#-SF3 CT North LLC (Genesis South San Francisco)assumed ownership of Centennial Towers and renamed the campus Genesis.The development team,led by Phase 3 Real Estate Partners,Inc.(Applicant),immediately began fulfilling the construction and development obligations of the Project.To date,Applicant has completed the second half of the parking garage,including additional landscaping around the southern portion of the garage,and commenced construction of the North Tower and North Access Road.Completion of the North Tower is on schedule with substantial completion anticipated for late summer of 2018. 4.Amenity Building.City Council approved an Amenity Building on the Genesis Campus January 11, 2017 (Resolution #17-2018).The Applicant has commenced design and marketing of the seven-story Amenity Building.The Amenity Building is approved to be located where the Product Design Studio was approved in 2008,and includes approvals to construct a hotel,restaurant and wellness center (i.e.City of South San Francisco Printed on 11/30/2017Page 1 of 4 powered by Legistar™ File #:17-1134 Agenda Date:12/7/2017 Version:1 Item #:3. was approved in 2008,and includes approvals to construct a hotel,restaurant and wellness center (i.e. fitness center with additional services). DISCUSSION Project Description and Analysis - 2017 Parcel Map The Genesis Campus is comprised of two parcels where development is permitted (the North and South Tower Parcels).The Buffer Parcel is located adjacent to and north of the North Tower Parcel.No campus development is permitted on the Buffer Parcel pursuant to the Mutual Release and Settlement Agreement.Moreover,the Mutual Release and Settlement Agreement required the creation of the Buffer Parcel to serve as a buffer between development and the 26-acre Preservation Parcel located contiguous to,and north of,the Buffer Parcel. Please refer to Attachment 1 ‘Existing and Proposed Parcel Map’. Applicant is requesting a parcel map to create two additional parcels redistributing the existing North and South Tower parcels into four parcels total.The major factor driving this request is to create a separate fee simple title parcel for the hotel (i.e.,Amenity Building).Applicant’s objective is to construct,when the market is ripe,a high-quality hotel in the Amenity Building.Currently,there are two issues hindering both the Applicant’s and City’s goals:1)The lack of high-end hotel market comparisons within the North Peninsula area creates hesitancy with respect to construction finance partners,and 2)Operators prefer hotel parcels to be fee simple title for financing purposes.In part,these issues stem from the economic downturn in 2008.Applicant is requesting a new parcel map to remove one of these impediments in order to move closer to a successful realization of the hotel. Analysis The request for a parcel map to create four parcels from two would not deviate from existing and planned uses and operating conditions on the Genesis Campus, for the following reasons: 1.Currently,the South Tower is located on Parcel 1 that also includes the structured parking garage, visitor parking,and Tower Place Drive (see Attachment B “Existing and Proposed Parcel Map).Parcel 2 contains the North Tower (under construction)and the Amenity Building (in financing and design stage).Access to,and maintenance of the infrastructure,roads,amenities,utilities,and parking structure is currently (and would continue to be)allocated to both the North and South Tower occupants and owners through the recorded Reciprocal Easement Agreement (REA)and recorded Conditions, Covenants and Restrictions (CCR’s).The current two-parcel map and REA was approved February 7, 2008.Approval of the 2017 parcel map would require an amendment to the existing REA and CCR’s with City and legal staff approval prior to filing the final Parcel Map,which is included as a condition of approval. 2.The parcel map would not result in a change of use that has been approved by the City and evaluated in the 1982 Environmental Impact Report (EIR),1998 Supplemental Environmental Impact Report (SEIR),1998/99 SEIR,2005/6 SEIR,Mitigation Monitoring and Reporting Program (MMRP),and addenda prepared thereto in 2006, 2008, 2015 and 2017. 3.The parcel map would not alter the location,use or maintenance of any activities,uses or improvements on the Genesis Campus.The parcel map would not change any other aspects of the Project which is to be continued to be governed by the approved 2017 Specific and Precise plans and MMRP. 4.The parcel map would not result in health,safety or welfare impacts to the occupants and visitors to the City of South San Francisco Printed on 11/30/2017Page 2 of 4 powered by Legistar™ File #:17-1134 Agenda Date:12/7/2017 Version:1 Item #:3. 4.The parcel map would not result in health,safety or welfare impacts to the occupants and visitors to the campus and the community at large.The addition of parcel lines will,if approved,increase safety on the site.The creation of new parcel lines requires building and fire safety upgrades in areas where the new parcel line does not meet the minimum building setback identified in the California Building Code. Therefore,some areas will require 1-A construction,increases to a two-hour fire barrier,additional air in -and out-take,some exterior walls constructed to a two-hour fire rating,two-hour walkway construction and additional density in fire suppression systems. Under SSFMC Section 19.48,based on the City Engineer’s review and recommendation,the Planning Commission is required to make a determination as to whether the Tentative Parcel Map is in conformity with the Subdivision Map Act and the South San Francisco Municipal Code (SSFMC). GENERAL PLAN CONFORMITY AND ZONING CONSISTENCY The proposed Tentative Parcel Map conforms to the Terrabay Mixed Use Development land use designation, the Terrabay Specific Plan Zoning District zoning designation,the land use,density,location,and intensity of use identified in the approved 2017 Final Terrabay Specific Plan Phases II and III,and the approved 2017 Genesis Precise Plan.The Genesis Campus site permits R&D,office,restaurants,wellness center,hotel retail, open space and recreation land uses. As discussed above,the Tentative Parcel Map would remain consistent with the intent and purpose of the Terrabay planning documents and comply with all development standards of the Terrabay Specific Plan Zoning District. The Tentative Parcel Map would not create landlocked parcels,or parcels without supporting infrastructure. The location of structures,infrastructure and roadways would remain as previously approved,and in compliance with the prescriptions of the Terrabay Specific Plan Zoning District and MMRP. ENVIRONMENTAL DETERMINATION The Tentative Parcel Map would not result in any change of use that has been previously approved by the City and evaluated in the 1982 Environmental Impact Report (EIR),1998 Supplemental Environmental Impact Report (SEIR),1998/99 SEIR,2005/6 SEIR,and addenda prepared thereto in 2006,2008,2015 and 2017.An adopted MMRP and a Statement of Overriding Considerations for impacts related to air quality and transportation remain in effect. The proposed Tentative Parcel Map is consistent with the analysis included in the already certified EIR,and the approval of this Tentative Parcel Map would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIR certified by City Council,nor does the Tentative Parcel Map constitute a change in the Project or change in circumstances that would require additional environmental review.Therefore,no further CEQA action is required by the Planning Commission at this time. CONCLUSION The Tentative Parcel Map is in keeping with the Terrabay Mixed Use Development land use designation,the Terrabay Specific Plan Zoning District zoning designation,the land use,density,location,and intensity of use identified in the approved 2017 Final Terrabay Specific Plan Phases II and III,and the approved 2017 Genesis Precise Plan.The Tentative Parcel Map complies with the City’s Subdivision Ordinance and with the State Subdivision Map Act.Therefore,staff recommends that the Planning Commission adopt the associated City of South San Francisco Printed on 11/30/2017Page 3 of 4 powered by Legistar™ File #:17-1134 Agenda Date:12/7/2017 Version:1 Item #:3. Resolution making findings and approving PM17-0005 subject to the attached Conditions of Approval. Attachment: 1.Existing and Proposed Parcel Map Associated Documents: 1.Resolution approving the Tentative Parcel Map A.Tentative Parcel Map prepared by BKF Engineering B.Draft Conditions of Approval City of South San Francisco Printed on 11/30/2017Page 4 of 4 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-455 Agenda Date:7/22/2020 Version:1 Item #:4a. Resolution approving a two-year time extension for a Tentative Parcel Map to reparcelize the Phase III Terrabay Specific Plan-Genesis Campus property (APNs 007-650-180 and 007-650-190) consistent with South San Francisco Municipal Code Chapter 20.230 and Title 19 entitled “Subdivisions”. WHEREAS, AP#-SF2 CT South LLC and AP#-SF3 CT North LLC (Genesis South San Francisco) (“Applicant”) own property commonly known as Terrabay Phase III of the Terrabay Specific Plan, which is located at One and Two Tower Place in South San Francisco, California; and WHEREAS, the Terrabay project has an extensive planning history, dating back to the early 1980s; and WHEREAS, the City Council of South San Francisco approved the Final Terrabay Specific Plan Phase III of the Terrabay Development on November 21, 2000, and have since approved amendments, most recently in 2017, to the Final Terrabay Specific Plan and approved Precise Plan; and WHEREAS, the Terrabay Phase III Genesis Campus Project consists of a Transportation Demand Management Program (TDM); surface, structured and valet parking; 665,000 square feet of Research and Development (R&D) and office in two towers (North and South Towers); 25,000 square feet of retail with a minimum of one quality restaurant; a shared use 200-seat performing arts center, public art program and a 53,000 square foot Amenity Building permitted to include, but not limited to, a hotel, conference areas, restaurant, and wellness center (“2016 Project”); and WHEREAS, the South San Francisco Planning Commission approved a Tentative Parcel Map on December 7, 2017 to reparcelize the Terrabay Phase III Genesis Campus to allow the approved Amenity Building to be on a separate parcel; and WHEREAS, pursuant to South San Francisco Municipal Code (“SSFMC”) Title 19 (Subdivision Ordinance), any failure to record a final map within 24-months from the approval or conditional approval of the tentative map, or any extension thereof granted by the City Council, shall terminate all proceedings and before a final map may thereafter be recorded, a new tentative map shall be submitted; and WHEREAS, on November 25, 2019, the City Council approved a one-year time extension for the Tentative Parcel Map extending the expiration date to December 7, 2020; and WHEREAS, the Applicant submitted a written application for an additional two-year time extension on June 25, 2020; and WHEREAS, the City Council considered the Tentative Parcel Map extension request at its duly noticed public hearing on July 22, 2020. City of South San Francisco Printed on 12/15/2020Page 1 of 4 powered by Legistar™ File #:20-455 Agenda Date:7/22/2020 Version:1 Item #:4a. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the California Subdivision Map Act; the Tentative Parcel Map prepared by BKF Engineering; the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed July 22, 2020 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: SECTION 1 FINDINGS I.General Findings 1.The foregoing recitals are true and correct and made a part of this Resolution. 2.The Exhibits, including Tentative Parcel Map attached hereto as Exhibit A and the Conditions of Approval attached as Exhibit B, are incorporated as if set forth fully herein. 3.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. 4.The City Council finds that the two-year time extension of a Tentative Parcel Map is in conformity with the provisions of the Subdivision Map Act and Title 19 of the SSFMC as to design, drainage, utilities, road improvements and offers of dedication or deed. II.Chapter 19.48 Findings 1.The Tentative Parcel Map does not deviate from existing as-built and approved yet-to-be-built conditions. Currently the South Tower is located on Parcel 1 that also includes the structured parking garage, visitor parking, and Tower Place Drive. Parcel 2 contains the North Tower (under construction) and the Amenity Building (in financing and design stage). Access to, and maintenance of the infrastructure, roads, amenities, utilities, and parking structure is currently (and would continue to be) allocated to both the North and South Tower occupants and owners through the recorded Reciprocal Easement Agreement (REA) and recorded Conditions, Covenants and Restrictions (CCR’s). The current two-parcel map and REA was approved February 7, 2008. Approval of the 2017 parcel map would require an amendment to the existing REA and CCR’s with City and legal staff approval prior to filing the final Parcel Map. 2.The Tentative Parcel Map is consistent with the analysis included in the certified 1982 Environmental Impact Report (EIR), 1998 Supplemental Environmental Impact Report (SEIR), 1998/99 SEIR, 2005/6 SEIR, Mitigation Monitoring and Reporting Program (MMRP), and addenda prepared thereto in 2006, 2008, 2015 and 2017. A Statement of Overriding Considerations for impacts related to air quality and transportation remain in effect. Approval of this two-year time extension of the Tentative Parcel Map would not result in any new significant environmental effects City of South San Francisco Printed on 12/15/2020Page 2 of 4 powered by Legistar™ File #:20-455 Agenda Date:7/22/2020 Version:1 Item #:4a. or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIR certified by City Council, nor does the two-year time extension of the Tentative Parcel Map constitute a change in the Project or change in circumstances that would require additional environmental review. Therefore, no further CEQA action is required by the City Council at this time. 3.The two-year time extension of the Tentative Parcel Map would not alter the location, use or maintenance of any activities, uses or improvements on the Genesis Campus. The Tentative Parcel Map would not change any other aspects of the Project which is to continue to be governed by the approved 2017 Specific and Precise plans and MMRP. 4.The two-year time extension of the Tentative Parcel Map would not result in health, safety or welfare impacts to the occupants and visitors to the campus and the community at large. The addition of parcel lines will increase safety on the site. The creation of new parcel lines requires building and fire safety upgrades in areas where the new parcel line does not meet the minimum building setback identified in the California Building Code. Therefore, some areas will require Type 1-A building construction, increases to a two-hour fire barrier, additional air in- and out-take, some exterior walls constructed to a two-hour fire rating, two-hour walkway construction and additional density in fire suppression systems. 5.The Tentative Parcel Map conforms to the Terrabay Mixed Use Development land use designation, the Terrabay Specific Plan Zoning District zoning designation, the land use, density, location, and intensity of use identified in the approved 2017 Final Terrabay Specific Plan Phases II and III, and the approved 2017 Genesis Precise Plan. The Genesis Campus site permits R&D, office, restaurants, wellness center, hotel retail, open space and recreation land uses. 6.The Tentative Parcel Map is consistent with the standards and requirements of the City’s Zoning Ordinance, Title 19 of the South San Francisco Municipal Code (“Subdivisions”) and with the requirements of the State Subdivision Map Act. 7.The Project site is physically suitable for the type of development and density proposed, as the mixed-use campus in the Terrabay Specific Plan Phase III Area. 8.The design and improvements of the Tentative Parcel Map are not in conflict with any existing public easements. 9.The property is located in a developed, urban setting, and is not subject to a Williamson Act contract, on open space easement, a conservation easement, or an agricultural conservation easement. The surrounding land uses and resulting parcels would not support agricultural uses; the resulting parcels would result in mixed-use development not incidental to commercial agricultural use of the land. SECTION 2 DETERMINATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution and approves the two-year time extension of the City of South San Francisco Printed on 12/15/2020Page 3 of 4 powered by Legistar™ File #:20-455 Agenda Date:7/22/2020 Version:1 Item #:4a. Tentative Parcel Map, attached hereto and incorporated herein as Exhibit A, subject to the conditions of approval attached as Exhibit B. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Exhibits: A.Proposed Tentative Parcel Map B.Conditions of Approval ***** City of South San Francisco Printed on 12/15/2020Page 4 of 4 powered by Legistar™ NOTE: THIS PROPOSED PARCEL CONFIGURATION EXHIBIT SHOWS THE SUBDIVISION OF PARCELS 1 & 2 AS SHOWN ON 78 PM 67-68 INTO LOTS 1 THRU 4. Exhibit B Conditions of Approval 2017 TENTATIVE PARCEL MAP TERRABAY PHASE III GENESIS CAMPUS CONDITIONS OF APPROVAL P17-0087 and PM17-0005 The Applicant/Project shall conform to all the conditions of approval identified in Resolutions 82-2006, 89-2008, 107-2012, 64-2015, 17-2008 and as follows and as modified herein, as well as the additional conditions contained herein. A. PLANNING DIVISION 1. The Applicant/Project shall implement all the mitigation measures identified in the adopted Mitigation Monitoring and Reporting Program for Terrabay adopted by City Council Resolutions 81-2006, 88-2008 and 108-2012. 2. The existing development deposit shall not drop below a $25,000 balance at any time until a final certificate of Occupancy is issued for the North Tower and all impact fees, mitigation measures and construction are complete. The development account shall pay for City services including but not limited to attorney fees, consultant and staff fees to review project plans, perform inspections, respond to questions and overall project management. 3. Prior to filing and recording the Parcel Map the existing recorded Reciprocal Easement Agreement (REA) and recorded Conditions, Covenants and Restrictions (CCRs) shall be amended to reflect the boundary changes, easements and maintenance responsibilities required to accommodate the Parcel Map. The REA and CCRs shall be coordinated with and approved by City Planning, Engineering and the City Attorney prior to filing the final Parcel Map. 4. The Alternative Means and Methods Requirements (AMMR) shall be approved in final form by the Chief Building Official and Fire Marshal. The approved AMMR shall be included in the CCRs and REA and recorded. B. ENGINEERING DIVISION 1. The Final Parcel Map shall show all access and private utility easements. 2. The CC&R should allocate how many parking spaces each lot is entitled. 3. The CC&Rs and REA shall address all utility connections. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-483 Agenda Date:7/22/2020 Version:1 Item #:5. Report regarding a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and South San Francisco Unified School District clarifying roles and responsibilities related to City-operated childcare programs on school campuses (Greg Mediati, Deputy Director of Parks and Recreation). RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and South San Francisco Unified School District clarifying roles and responsibilities related to City-operated childcare programs on school campuses. BACKGROUND/DISCUSSION For many years,the City of South San Francisco (“City”)and South San Francisco Unified School District (“District”)have enjoyed a mutually beneficial Joint Use Agreement that allows for reciprocal use of facilities and services,typically at no cost to either party.The current Joint Use Agreement was executed in 2008 for a 20 -year term. This Joint Use Agreement provides the City with the authority to operate Childcare programs on District campuses,however,in 2016,the City and District entered into a Memorandum of Understanding (“MOU”)for Childcare programs to further define the relationship and responsibilities of each agency related to City- operated before-and after-school licensed recreation programs,City-operated After School Education and Safety (ASES)grant-funded programs,and City-operated Summer Camp programs,which operate on school campuses. These programs include the following: •Buri Buri Elementary School Before and After School Program (130 students) •Monte Verde Elementary School Before and After School Program (200 students) •Ponderosa Elementary School Before and After School Program (160 students) •Spruce Elementary School Before and After School Program (30 students) •Los Cerritos Elementary School R.E.A.L. ASES-funded Program (50 students) •Martin Elementary School R.E.A.L. ASES-funded Program (50 students) The MOU places additional responsibilities and obligations on each agency in connection with the City’s use of District’s facilities,and in no way replaces or supersedes the requirements and obligations under the prevailing Joint Use Agreement already in place.The current Childcare MOU has a four-year term and expires July 26, 2020. The primary objectives of the MOU include the following: •Formalize operational hours for the City’s school-based programs •Align the City’s program with the District’s school year calendar •Specify classrooms, bathrooms, outdoor spaces, and campus access at each location •Clarify the provision of keys and alarm codes to City staff •Document District contributions required to meet requirements of the ASES grant City of South San Francisco Printed on 7/17/2020Page 1 of 2 powered by Legistar™ File #:20-483 Agenda Date:7/22/2020 Version:1 Item #:5. •Identify Ponderosa Elementary School as a designated Summer Camp site •Outline custodial responsibilities for each agency for Childcare programs •Condition that the City obtain District approval for use of school sites on non-school days and school breaks •Extend the City first right of refusal for new or expanded childcare programs at school sites where the City already operates a program •Provide a timeline and approval process for new or expanded programs •Require annual meeting to evaluate the relationship and identify any issues City and District staff met in the spring to discuss the status of the Childcare MOU and suggested updates. Unfortunately, COVID-19 upended these discussions, and delayed the adoption of this MOU extension. A copy of the revised Childcare MOU is attached to the accompanying resolution as Exhibit A for the City Council’s review,which extends the term of the agreement by one year,providing City and District staff with additional time to more thoughtfully renegotiate the terms of the agreement.Other than extending the term of the agreement by one year,only very minor edits were made,which include updating the classrooms used for Before and After School Programs at Ponderosa Elementary School and Buri Buri Elementary School to account for program expansions,and a note that the City shall purchase its own custodial supplies for Summer Camp programs, which is currently the practice. FISCAL IMPACT There is no financial impact related to the Childcare MOU. STRATEGIC PLAN This project supports Strategic Plan Priority #2:Quality of Life.This agreement helps the City work toward this goal by enhancing childcare and educational support for children in South San Francisco. CONCLUSION Staff recommend that given the many COVID-related operational challenges experienced by the City and District,both parties extend the current Childcare MOU by one year.Any substantive changes desired by either agency could be discussed and negotiated over the coming year.It is recommended that the City Council approve and authorize the City Manager to execute the Memorandum of Understanding between the City of South San Francisco and South San Francisco Unified School District clarifying roles and responsibilities related to City-operated childcare programs on school campuses. ATTACHMENT 1 - SSFUSD Joint Use Agreement City of South San Francisco Printed on 7/17/2020Page 2 of 2 powered by Legistar™ Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement Attachment 2 - SSFUSD Joint Use Agreement City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-498 Agenda Date:7/22/2020 Version:1 Item #:5a. Resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of South San Francisco and South San Francisco Unified School District clarifying roles and responsibilities related to City-operated childcare programs on school campuses. WHEREAS,the City of South San Francisco (“City”)and South San Francisco Unified School District (“District”) reauthorized a Joint Use Agreement in 2008 for a 20-year term; and WHEREAS the Joint Use Agreement serves as a mutually beneficial arrangement that allows for reciprocal use of facilities and services, typically at no cost to either party; and WHEREAS,this Joint Use Agreement provides the City with the authority to operate Childcare programs on District campuses;however,in 2016,the City and District entered into a Memorandum of Understanding (“MOU”)for Childcare programs to further define the relationship and responsibilities of each agency related to City-operated before and after school licensed recreation programs,City-operated After School Education and Safety (ASES)grant-funded programs,and City-operated Summer Camp programs,which operate on school campuses; and WHEREAS,the MOU places additional responsibilities and obligations on each agency in connection with the City’s use of District’s facilities,and in no way replaces or supersedes the requirements and obligations under the prevailing Joint Use Agreement already in place; and WHEREAS,the City and District desire to extend the MOU by a term of one year with minor updates reflecting the additional classrooms used by the City at Ponderosa Elementary School and Buri Buri Elementary School. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco hereby approves the revised MOU as attached hereto as Exhibit A and incorporated herein,and authorizes the City Manager to execute the revised MOU between the City of South San Francisco and South San Francisco Unified School District clarifying roles and responsibilities related to City-operated childcare programs on school campuses,in substantially the same form as that attached in Exhibit A and subject to approval as to form by the City Attorney. City of South San Francisco Printed on 7/27/2020Page 1 of 2 powered by Legistar™ File #:20-498 Agenda Date:7/22/2020 Version:1 Item #:5a. ***** City of South San Francisco Printed on 7/27/2020Page 2 of 2 powered by Legistar™ Memorandum of Understanding Between the City of South San Francisco and South San Francisco Unified School District Regarding City-Operated Childcare Program/Before and After School Program 1 This Memorandum of Understanding (“MOU”) is made and entered into as of _____________________ by and between the City of South San Francisco (“City”), a municipal corporation, and the South San Francisco Unified School District (“District”), herein collectively referred to as the “Parties,” to define their relationship and responsibilities in connection with City-operated before- and after-school recreation programs (“City Programs”), City-operated After School Education and Safety (“ASES”) programs, and a City-operated Summer Camp program on school campuses. Section 1. Recitals Whereas, the City and the District entered into an Agreement Authorizing the Joint Use of City and District facilities (“Joint Use Agreement”) on March 1, 2008; Whereas, this MOU places additional responsibilities and obligations on the Parties in connection with the City’s use of District’s facilities for the provision of City-operated before- and after-school recreation programs (“City Programs”), City-operated After School Education and Safety (“ASES”) programs, and a City-operated Summer Camp program; Whereas, this MOU in no way replaces or supersedes the requirements and obligations under the Joint Use Agreement already in place; Whereas, the City operates four (4) licensed City Programs for the benefit of its citizens at Buri Buri, Monte Verde, Ponderosa, and Spruce Elementary Schools; two (2) ASES programs at Los Cerritos and Martin Elementary Schools; and a Summer Camp program for local, elementary school-aged children, and desires to preserve the operations of such programs; Whereas, the ASES Programs are a collaborative State-funded venture; Whereas, the City Programs operate from 7:30 a.m. to 6:00 p.m. as indicated on the site license, and Summer Camp also operates from 7:30 a.m. to 6:00 p.m.; Whereas, the ASES programs operate from school dismissal time (including kindergarten dismissal time, early release, and minimum day schedules) to 6:00 p.m.; Whereas, the City Programs and ASES programs operate in accordance with the SSFUSD school year days of operation calendar; Whereas, the City and the District mutually agree that the City Programs, ASES programs, and Summer Camp are valued community programs which should be preserved; and Attachment 1 - Childcare MOU update 7-2020 Updated sections are highlighted in yellow Memorandum of Understanding Between the City of South San Francisco and South San Francisco Unified School District Regarding City-Operated Childcare Program/Before and After School Program 2 Whereas, the District owns the property where the City Programs, ASES programs, and Summer Camp program are sited and desires to continue making its properties available to the City for these programs; Now, therefore, the parties hereto mutually agree as follows: Section 2. Program Sites A. City Programs—District shall provide sole use of the classrooms, multi-use rooms, bathrooms, and outdoor areas identified below. 1. District shall provide three (3) classrooms/portable classrooms at Buri Buri Elementary School (Portable #1, 2 and exploratorium). 2. District shall provide one (1) classroom/portable classroom at Spruce Elementary School (#1). 3. District shall provide four (4) classrooms/portable classrooms (Portables #18, 19, 20, and 21) and one (1) multi-use room at Ponderosa Elementary School. 4. District shall provide three (3) classrooms/portable classroom (#1, 2, and 23) and one (1) multi-use room at Monte Verde Elementary School. 5. District shall provide bathrooms, outdoor space, and campus access during the City Programs’ operational hours. a. City Programs operate in accordance with the SSFUSD school year days of operation calendar. b. During days of operation, City Programs operate from 7:30 a.m. to 6:00 p.m. 6. For all City Programs, District shall provide keys and alarm codes for the relevant facilities when needed. 7. District shall provide outdoor areas that meet licensing regulations and the licensed daily capacity of the City’s four (4) licensed programs at Buri Buri, Monte Verde, Ponderosa and Spruce Elementary Schools. a. The City will make the District aware of any changes that need to be made to the outdoor areas as a result of changes in the licensing regulations. The District will perform the work and be reimbursed by the City. B. ASES Programs—District shall provide exclusive use of classrooms, multi-use rooms, bathrooms, and outdoor areas identified below for the operation of the ASES program for the duration of the State- funded grant. 1. District shall provide one (1) classroom and one (1) multi-use room at Los Cerritos Elementary School. 2. District shall provide one (1) classroom and one (1) multi-use room at Martin Elementary School. 3. District shall provide bathrooms, outdoor space, and campus access at the relevant facilities during the ASES programs’ operational hours. Attachment 1 - Childcare MOU update 7-2020 Memorandum of Understanding Between the City of South San Francisco and South San Francisco Unified School District Regarding City-Operated Childcare Program/Before and After School Program 3 a. ASES programs operate in accordance with the SSFUSD school year days of operation calendar. b. During days of operation, ASES programs operate from school dismissal time (including kindergarten dismissal time, early release, and minimum day schedules) to 6:00 p.m. 4. For all ASES programs, District shall provide keys and alarm codes at the relevant facilities when needed. 5. District shall provide reasonable Principal and Teacher time to support the program. C. Summer Camp—District shall provide exclusive use of classrooms, multi-use room, bathrooms, and outdoor areas identified below at Ponderosa Elementary School or another identified site if Ponderosa Elementary School is not available for the City-operated Summer Camp program. 1. For Summer Camp, any requests on the part of the District or City to change the location of the Summer Camp program to a site other than Ponderosa Elementary school shall be made no later than January 15 for the year’s upcoming Summer Camp program. 2. District shall provide seven (7) classrooms/portable classrooms and one (1) multi-use room. 3. District shall provide bathrooms, outdoor space, and campus access during the City Programs’ operational hours. a. Summer Camp typically operates Monday through Friday from 7:30 a.m. to 6:00 p.m. for ten consecutive weeks with start and end dates, and Summer Camp closure on holidays, to be negotiated between the City and District as indicated in Section 3 – Use of Facilities During School Breaks. b. During days of operation, Summer Camp operates from 7:30 a.m. to 6:00 p.m. 4. For Summer Camp, District shall provide keys for the relevant facilities when needed. 5. For the custodial supplies used during the Summer Camp, the City shall purchase its own to use at the District facility. D. Custodial Services/Facility Maintenance 1. As required by the State grant for the ASES programs, District shall provide custodial services for the classrooms, multi-use rooms, bathrooms, and outdoor space used for the ASES programs including all cleaning, maintenance, and repair. 2. City shall provide custodial services for classrooms/portable classrooms identified for use by City Programs in Section 2A, above. 3. City shall provide custodial services for multi-use rooms and bathrooms used for City Programs when said rooms are exclusively used for City Programs. 4. For Summer Camp, City shall provide custodial services for classrooms/portable classrooms, multi- use rooms, and bathrooms exclusively used for Summer Camp. 5. District shall provide facility maintenance and capital repairs to the classrooms/portable classrooms used for City Programs, ASES programs, and Summer Camp in conjunction with District’s obligations outlined in Section 9 and Section 13 of the Joint Use Agreement. Attachment 1 - Childcare MOU update 7-2020 Memorandum of Understanding Between the City of South San Francisco and South San Francisco Unified School District Regarding City-Operated Childcare Program/Before and After School Program 4 Section 3. Use of Facilities During School Breaks The City will obtain approval from the District and/or the school principals of sites to use District classrooms and facilities for City Programs and Summer Camp on non-school days and school breaks. Such approval will not be unreasonably withheld. Section 4. Expansion of Programs A. Sites with Existing City Program If the District determines that a new program or an expansion of an existing program is needed to serve the needs of the families at a school site where City already operates a program, District will offer City the opportunity to develop a new program or expand an existing program to serve the unmet needs. District may not procure services from another “before- or after-school program-provider” at school sites where the City currently operates programs during the term of this MOU, unless this MOU has been terminated for cause. B. Timely Request District shall make new program or expansion requests to the City in a timely manner with sufficient time for budgeting and curriculum planning. Such requests shall be made no later than January 31 for the following school year for inclusion in the City’s budget process. Later requests may be considered, but must be approved by the Director of Parks and Recreation and the City Manager, authorized by the City Council, and be funded by budget amendment. C. Provision of Facilities When City receives a new program or expansion request, such request must be approved by the Director of Parks and Recreation, City Manager, and City Council, as above. If the new program or expansion request is approved, the District must provide necessary facilities to accommodate the new program or increase in capacity at requested site. Section 5. Evaluation There shall be periodic meetings of City and District representatives to discuss and evaluate the relationship created under this MOU and how it affects activities offered by the City and District. Such meetings shall take place no less than once a year. If during the term of this MOU, City and District determine that they desire a change to the relationship, such change must be memorialized as an amendment to this MOU in accordance with Section 7C below. Attachment 1 - Childcare MOU update 7-2020 Memorandum of Understanding Between the City of South San Francisco and South San Francisco Unified School District Regarding City-Operated Childcare Program/Before and After School Program 5 Section 6. Term and Termination A. Term This MOU shall commence on the Effective Date and expire one (1) year thereafter, unless earlier terminated pursuant to Section 6B. B. Termination This MOU may be terminated for a material breach of a provision of this MOU and for other good cause. In event of breach, the non-breaching party must give the breaching party written notice of and a reasonable opportunity to cure the breach. Loss of licensing constitutes good cause for termination. Section 7. Miscellaneous Terms A. Waiver: No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this MOU constitute a continuing waiver of a subsequent breach of the same or any other provision of this MOU. B. Governing Law: This MOU, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this MOU shall be in the Superior Court of the County of San Mateo. C. Amendment: No modification, waiver, mutual termination, or amendment of this MOU is effective unless made in writing and signed by both the City and the District. D. Disputes: In any dispute over any aspect of this MOU, the prevailing party shall be entitled to reasonable attorney’s fees and costs. E. Severability: If at any time, any clause of this MOU is found to be unenforceable, all other clauses will remain in full force and effect. F. Notices: All notices, given hereunder, shall be in writing and shall be deemed to have been given if personally delivered or deposited in the US mail postage prepaid, certified or registered, return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to time. Attachment 1 - Childcare MOU update 7-2020 Memorandum of Understanding Between the City of South San Francisco and South San Francisco Unified School District Regarding City-Operated Childcare Program/Before and After School Program 6 IN WITNESS THEREOF, the City of South San Francisco and the South San Francisco Unified School District have executed this Agreement as of the date indicated on page one (1). CITY OF SOUTH SAN FRANCISCO By Mike Futrell, City Manager, City of South San Francisco SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT By Superintendent, South San Francisco Unified School District Signature _______________________ Date:___________________________ Signature _______________________ Date:___________________________ 2677731.1 Attachment 1 - Childcare MOU update 7-2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-473 Agenda Date:7/22/2020 Version:1 Item #:6. Report regarding adopting a Resolution 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 funds and to enter into all required agreements to receive the funds. (Deanna Talavera, Management Analyst II) RECOMMENDATION Staff recommends that the City Council adopt a Resolution 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. BACKGROUND/DISCUSSION Staff presented an in-depth study session item at the Special City Council meeting on July 21,2020 regarding use of and application for the City’s entitlement of PLHA funds.Council action,including holding a Public Hearing and adopting a resolution, is a requirement to apply for and receive the funds. The State of California Department of Housing and Community Development (HCD),which administers PLHA,estimates South San Francisco will receive approximately $1,307,880 over five years.To meet the objectives set forth by the PLHA program, staff recommends the following eligible activities. 1.In the first two years 95%of the PLHA annual funds will assist persons who are experiencing,or at risk of,homelessness by providing rapid rehousing,and rental assistance services that allow people to obtain and retain housing. 2.In the final three years,95%of the PLHA funds will support the predevelopment,development, acquisition,rehabilitation,and preservation of affordable rental and ownership housing,that meets the needs of those earning up to 120% AMI or 150% of AMI in high-cost areas. 3.In each of the five years,5%of the PLHA funds will support program administration,as allowed under the fund guidelines. FISCAL IMPACT HCD estimates the City will receive approximately $1,307,888 in PLHA entitlement over a five-year period. The actual amount of funding will vary each year based on real estate financing activity in the State that impacts the amount of revenue generated for the program.Staff proposes to use the allowed five percent of the PLHA funds annually to support program administration. CONCLUSION In summary,Council is being asked to consider adopting a resolution authorizing submittal of an application to the State for PLHA funds in the format prescribed by the State,authorize staff to submit an application to HCD, and execute the PLHA Standard Agreement as well as and any subsequent amendments or modifications thereto. City of South San Francisco Printed on 7/17/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-474 Agenda Date:7/22/2020 Version:1 Item #:6a. Resolution 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. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated February 26, 2020 under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS, the City of South San Francisco (“Applicant”) is an eligible Local government applying for the program to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby consents to, adopts and ratifies the following resolution: 1.If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department. 2.Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $1,307,880 in accordance with all applicable rules and laws. City of South San Francisco Printed on 7/24/2020Page 1 of 3 powered by Legistar™ File #:20-474 Agenda Date:7/22/2020 Version:1 Item #:6a. 3.Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department. 4.Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation. 5.Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest. 6.Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements. 7.Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C). 8.Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years. 9.Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department. 10.Mike Futrell, City Manager, is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate. City of South San Francisco Printed on 7/24/2020Page 2 of 3 powered by Legistar™ File #:20-474 Agenda Date:7/22/2020 Version:1 Item #:6a. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that: 1.The City published a notice in the San Francisco Examiner on July 12, 2020 for a City Council study session on July 21, 2020 and a public hearing on July 22, 2020 to receive public comment on the Five Year Plan for the City's allocation of PLHA funds. 2.The City received public comment on July 22, 2020 at the public hearing for the Five Year Plan for the City’s allocation of PLHA funds. 3.Meeting minutes for the City Council meeting on July 22, 2020, when public comment was received, will be provided to the Department as soon as possible. 4.A video of the City Council meeting where public comment was received for the Five Year Plan will be made available at <https://ci-ssf-ca.legistar.com/Calendar.aspx> shortly after the July 22, 2020 meeting. 5.The City approves the attached Five Year Plan for the City’s allocation of PLHA funds. Attachments: 1. PLHA Formula Allocation Application 2. PLHA 5 Year Spending Plan ***** City of South San Francisco Printed on 7/24/2020Page 3 of 3 powered by Legistar™ City of South San Francisco Five Year Spending Plan Permanent Local Housing Allocation Year Percentage Eligible Expense Percentage Eligible Expense 1 95% Assist persons who are experiencing, or at risk of, homelessness by providing rapid rehousing, and rental assistance services that allow people to obtain and retain housing. 5% Program administration, as allowed under the fund guidelines. 2 95% Assist persons who are experiencing, or at risk of, homelessness by providing rapid rehousing, and rental assistance services that allow people to obtain and retain housing. 5% Program administration, as allowed under the fund guidelines. 3 95% Predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, that meets the needs of those earning up to 120% AMI or 150% of AMI in high-cost areas. 5% Program administration, as allowed under the fund guidelines. 4 95% Predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, that meets the needs of those earning up to 120% AMI or 150% of AMI in high-cost areas. 5% Program administration, as allowed under the fund guidelines. 5 95% Predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, that meets the needs of those earning up to 120% AMI or 150% of AMI in high-cost areas. 5% Program administration, as allowed under the fund guidelines. Final Filing Date: April 27, 2020 through July 27, 2020 at 5 P.M. PST Permanent Local Housing Allocation (PLHA) Formula Allocation 2020 Application State of California Governor, Gavin Newsom Lourdes Castro Ramírez, Secretary Business, Consumer Services and Housing Agency Douglas R. McCauley, Acting Director Department of Housing and Community Development Program Design and Implementation, PLHA Program 2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: PLHA@hcd.ca.govDRAFT "Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program. Point cells in the Scoring worksheet shaded in "red" indicate that the Sponsor has failed to meet the minimum points required. Instructions Rev. 5/20/20 When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac. HCD will only accept applications through a postal carrier service such as U.S. Postal Service, UPS, FedEx or other carrier services that provide date stamp verification confirming delivery to HCD’s office. A complete original application and an electronic copy on a USB flash drive with all applicable information must be received by HCD via postal carrier no later than 5:00 p.m. on: Monday, July 27, 2020 Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and unprotected, not a .pdf document. For application errors please fill out the Application Support worksheet and email the entire workbook to Application Support for application errors at AppSupport@hcd.ca.gov. General Instructions (Additional instructions and guidance are given throughout the Supplemental Application in "red" text and in cell comments. Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Sponsor input. Failure to provide the required attachments and documentation may disqualify your application from consideration or may negatively impact your point score. Required attachments are indicated in "orange" throughout the Supplemental Application. Failure to provide the required attachments and documentation may disqualify your application from consideration or may negatively impact your point score. Electronically attached files must use the naming convention in the Supplemental Application. For Example: "App1 Payee Data" for Sponsor 1 Payee Data Record/STD. 204. Threshold items are indicated in "blue" cells. Sponsor must complete the following worksheets in the PLHA Formula Allocation Application. Formula Allocation Application X App1 Signature Block Signature Block - upload in Microsoft Word Document Included 302(c)(4) Plan Legislative Contacts Checklist App1 Resolution PLHA webpage for Resolution Document Included Included Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request." Binder Tab # Threshold Requirement Electronic File Name Document Description Included? 1 X 2 3 X App1 TIN Taxpayer Identification Number Document Included Included §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Plan Adoption 5 Legally binding agreement between Delegating and Administering Local Governments 4 X Applicant Agreement PLHA Page 2 Instructions & ChecklistDRAFT City Zip Local Government Formula Allocation Rev. 5/20/20 Yes §302(c)(4) Does the application include a Plan in accordance with §302(c)(4)? CA Zip: 94080 San Mateo §300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? File Name:PLHA webpage for Resolution Document Attached and on USB? State: Attached and on USB? Yes §302(c)(3) Applicant certifies that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had no conflicts of interest and was accesible to the public. §302(c)(2) Applicant certifies that submission of the application was authorized by the governing board of the Applicant. Eligible Activities, §301 §302(a) Housing Element compliance: Applicant or Delegating Local Government's Housing Element was adopted by the Local Government’s governing body by the application deadline and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585. Yes Yes YesApplicant agrees to adhere to §501, Audits/Monitoring of PLHA Files. YesApplicant agrees to adhere to §500, Accounting Records. Yes §302(c)(5) Applicant certifies that the Plan submitted is for a term of five years. Local Governments agree to inform the Department of changes made to the Plan in each succeeding year of the term of the Plan.Yes §302(c)(6) Applicant certifies that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects. §302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans will be reused for eligible activities specified in Section 301?Yes Yes Administration Taxpayer Identification Number Document Attached and on USB? Yes Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement. The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities. If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activity will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation. Eligible Applicants §300 §300(a) and (b) Eligible Applicants for the entitlement and Non-entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments. Applicant: City of South San Francisco Address: County: Yes Entity Address 400 Grand Avenue South San Francisco State CA 94080 On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block. 7/27/20 Signature Date Entity name:City of South San Francisco Phone Number: 650-829-6620 City Manager Certifications Mike Futrell TitleAuthorized Representative Printed Name Applicant agrees to adhere to §503, Reporting.Yes Applicant agrees to adhere to §502, Cancellation/Termination. File Name: §302(c)(4)(D) Applicant certifies that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to review and comment on its content §302(c)(7) Applicant certifies that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust.Yes Threshold Requirements, §302 Applicant Agreement Legally binding agreement between Delegating and Administering Local Governments §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. Yes §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. Included?§301(a) Eligible activities are limited to the following: Eligible Applicant Type: Entitlement Local Government Recipient of PLHA Formula Allocation: South San Francisco 400 Grand Avenue City: South San Francisco Yes §302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Governemnt Code Section 65400. Yes File Name: Approximate PLHA Formula Allocation Amount:$10,899Allowable Local Admin (5%):$217,980 No App1 TIN App1 Signature Block App1 Resolution §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? Signature Block - upload in Microsoft Word Document Attached and on USB? Yes File Name: YES YES YES YES YES YES YES YES YES YES PLHA Page 3 Formula Allocation ApplicationDRAFT §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element. The Plan is consistent with the City's Housing Element framework, including the below Housing Plan sections: Section 5.6- which states that the City shall assist the homeless and those at risk of being homeless by funding emergency shelters, temporary housing, transistional programs and general housing assistance and services. Section 6.1- Promote the provision of housing by both the private and public sectors for all income groups in the community. Specifically, Policy I-4, which states that the City shall work with for-profit and non-profit developers to promote the development of housing for extremely low-, very low-, and lower income households. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low- , low-, or moderate-income households, including necessary Operating subsidies. §302(c)(4) Plan Rev. 5/20/20 §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. The allocated funds will be used for the following purposes: (1) Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing. (2) Provide developer loans to help fund predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120-percent of AMI, or 150-percent of AMI in high-cost areas such as South San Francisco. (3) The remaining allowable funds will be used for costs related to the administration of the above activities and staff and overhead costs directly related to carrying out the eligible activities described above. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). When allocating funding for developer loans, the City will prioritize investments in affordable rental housing developments that target households with incomes at or below 60 percent AMI. The City of South San Francisco, through the use of Census data and HUD criteria, has designated two geographic areas as lower income (<80%). These areas are considered target areas where the City's annual CDBG and HOME fund allocations are spent. The primary goals for the use of PLHA funds will include affordable housing development, affordable housing preservation, rental assistance and services that will increase and preserve the affordable housing stock for households at or below 60% AMI. Additionally, the City continues to seek funding sources and partnerships with private and nonprofit organizations for additional investments in the City's affordable housing stock. Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §302(c)(4)(E)(ii) Area Median Income Level Served 80% 80% 80%TOTAL Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). Type of Affordable Housing Activity Rental Rental Rental 280§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level 280 §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing Funding Allocation Year 2019 2020 2021 2022 2023 PLHA Page 4 302(c)(4) PlanDRAFT §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(ii) Projected Number of Households Served 20 20 20 60 §302(c)(4)(E)(i) Percentage of Funds Allocated for Each Affordable Housing Activity 95% 95% 95% Major steps/actions by City Council included the approval and adoption of the PLHA allocation and plan and prioritization of affordable housing development as outlined in the City's Housing Element. The following is a proposed schedule for the implementation of the use of funds: (1) Establish program guidelines and procedures for the use of funds- September 2020 (2) Partner with an Affordable Housing Developer for use PLHA loan funds- October 2021- (3) Execute PLHA construction loan agreement and necessary deed restriction- December 2022 (4) Project Certificate of Occupancy - December 2023. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) 55 Years 55 Years 55 Years §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project. Assisting persons who are experiencing or at risk of homelessness, focusing on rental assistance and supportive/case management services through the City's core agency, the YMCA. The allocated funds will augments the City's CDBG and Housing Trust Fund allocations to provide these services to the residents of South San Francisco, prioritizing those whose AMI levels are low and very low. Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 95.00% 95.00% Funding Allocation Year 2019 2020 TOTAL§302(c)(4)(E)(ii) Area Median Income Level Served 60% 60% §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level 277 277 Type of Activity for Persons Experiencing or At Risk of Homelessness PermanentPermanentPLHA Page 5 302(c)(4) PlanDRAFT §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. On February 26, 2020, the City Council approved an allocation from the Housing Trust Fund for rental assistance for South San Francisco residents facing financial hardships. In response to a surge of unemployment claims and loss of income in the local community due to impacts from COVID-19. Following disbursement of the PLHA funds, the City will work with the YMCA, the core agency designated by San Mateo County to serve South San Francisco, in creating program guidlines to administer the rental assistance program. 120 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) n/a n/a §302(c)(4)(E)(ii) Projected Number of Households Served 60 60 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. File Name: Plan Adoption §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Attached and on USB? Yes PLHA Page 6 302(c)(4) PlanDRAFT Activity Location 12 (if different from applicant location) District #First Name Last Name State Senate Member U.S. House of Representatives Activity Location 11 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 10 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 9 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 8 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 7 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 6 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 5 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 4 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 3 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 2 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 1 (if different from applicant location) District #First Name Last Name State Assembly Member Rev. 5/20/20Legislative and Congressional Information U.S. House of Representatives 14 Jackie Speier District #First Name Last Name State Assembly Member 22 Kevin Mullin Provide the Legislative and Congressional information for the applicant and each activity location, (if different than applicant location), included in this application. To locate or verify the Legislative and Congressional information, click on the respective links below and enter the applicant office location zip code, the activity location site zip code(s) (i.e. zip code(s) where activities are performed), and any additional activity location site(s), as applicable. Applicant Office Location State Senate Member 13 Jerry Hill California State Assembly California State Senate U.S. House of Representatives PLHA Page 7 Legislative Contacts DRAFT District #First Name Last Name State Assembly Member State Assembly Member State Senate Member U.S. House of Representatives U.S. House of Representatives State Senate Member U.S. House of Representatives U.S. House of Representatives Activity Location 25 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member State Senate Member Activity Location 22 (if different from applicant location) District #First Name Last Name U.S. House of Representatives Activity Location 24 (if different from applicant location) Activity Location 23 (if different from applicant location) District #First Name Last Name State Assembly Member District #First Name Last Name State Assembly Member State Senate Member State Senate Member U.S. House of Representatives Activity Location 21 (if different from applicant location) Activity Location 20 (if different from applicant location) District #First Name Last Name State Assembly Member State Assembly Member State Senate Member U.S. House of Representatives U.S. House of Representatives Activity Location 18 (if different from applicant location) District #First Name Last Name District #First Name Last Name State Assembly Member State Senate Member State Senate Member U.S. House of Representatives Activity Location 17 (if different from applicant location) Activity Location 16 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 15 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 14 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives Activity Location 13 (if different from applicant location) District #First Name Last Name State Assembly Member State Senate Member U.S. House of Representatives State Assembly Member PLHA Page 8 Legislative Contacts DRAFT 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 Justification: Issue #Program Name & Tab Section Cell#Update/Comment Urgency ADT Status Status Date Organization:Email:Contact Phone: Application Development Team (ADT) Support Form Rev. 5/20/20 Please complete the "yellow" cells in the form below and email a copy to: AppSupport@hcd.ca.gov. A member of the Application Development Team will respond to your request within ASAP. Full Name:Date Requested:Application Version Date: PLHA Page 9 Appplication SupportDRAFT City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-501 Agenda Date:7/22/2020 Version:1 Item #:7. Report regarding a resolution authorizing the City’s application to the State of California Department of Housing and Community Development for a Local Housing Trust Fund Grant.(Deanna Talavera,Management Analyst II) RECOMMENDATION Staff recommends that the City Council adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California’s Local Housing Trust Fund program in an amount not to exceed $1,000,000,and to apply such funds to the City’s existing funding reservations for the affordable housing development at the PUC site. BACKGROUND/DISCUSSION The Local Housing Trust Fund (LHTF)is a newly established State funding source to finance new affordable housing construction.The program is administered by the State of California’s Department of Housing and Community Development (HCD)and is funded by the Veterans and Affordable Housing Bond Act (Proposition 1), a $4 billion bond approved by voters in 2018. The State has committed a total of $57 million dollars to the LHTF program.Program funds awarded must be designated to provide construction loans and/or permanent financing loans to pay for construction or rehabilitation of affordable rental housing projects,emergency shelters,permanent supportive housing, transitional housing and affordable homeowner projects.Program funds may also be used to assist income- eligible first-time homebuyers to purchase homes and to rehabilitate houses owned by income-eligible occupants.Accessory Dwelling Units (ADUs)or Junior Accessory Dwelling Units (JADUs)construction and conversion programs are also eligible. The City is eligible to apply for between $1 million and $5 million with a one-to-one matching funds requirement.Applications will be scored on several criteria including the source of matching funds (prioritizing sources that do not come from residential projects like an affordable housing in lieu or impact fee),existing local funding commitments,project readiness,and affordability.There are also points awarded for being a regional housing trust fund.The City is eligible to apply as it maintains a housing trust fund,although it is not awarded bonus points as a regional housing trust fund would. The City can apply for LHTF funds to support the affordable housing component of the PUC development, which will be built by Bridge Housing.On November 13,2019,Council committed $2 million dollars from one of the City’s housing funds,the Commercial Linkage Fee fund (Fund 823).The City’s financial commitment to this project, as well as the project specifics, provides the City the best position to score well for the grant. FISCAL IMPACT The City intends to apply for $1,000,000 from the State’s competitive LHTF program.It is staff’s understanding that $1 million of the City’s commitment to the Bridge portion of the PUC project could be relieved by the $1 million LHTF grant,if awarded.This would free up $1 million in local funds for the City to City of South San Francisco Printed on 7/16/2020Page 1 of 2 powered by Legistar™ File #:20-501 Agenda Date:7/22/2020 Version:1 Item #:7. relieved by the $1 million LHTF grant,if awarded.This would free up $1 million in local funds for the City to redirect to another housing program or project,while maintaining a $2 million commitment to the affordable component of the PUC project. RELATIONSHIP TO STRATEGIC PLAN Approving the City’s LHTF application is a Strategic Plan Priority Project,advancing our goal to create affordable housing and housing support service for our community. CONCLUSION Staff recommends that the City Council adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California’s Local Housing Trust Fund program in an amount not to exceed $1,000,000,and to apply such funds to the City’s existing funding reservations for the affordable housing development at the PUC site. City of South San Francisco Printed on 7/16/2020Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-502 Agenda Date:7/22/2020 Version:1 Item #:7a. Resolution authorizing the City Manager to apply for and accept funds from the State of California’s Local Housing Trust Fund program. WHEREAS,the State of California Department of Housing and Community Development (“HCD”)is authorized to provide up to $57 million under the Local Housing Trust Fund (“LHTF”)Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1)(as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) (“Program”); and WHEREAS,HCD issued a Notice of Funding Availability (“NOFA”)dated April 30,2020 under the LHTF Program; and WHEREAS,the City of South San Francisco (the “City”)is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; and WHEREAS,HCD may approve funding allocations for the LHTF Program,subject to the terms and conditions of H&S Code Section 50842.2,the LHTF Program Guidelines,NOFA,Program requirements,the Standard Agreement and other related contracts between the Department and LHTF award recipients. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that if the City receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA,it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes,rules,regulations,and laws,including,without limitation,all rules and laws regarding the LHTF Program,as well as any and all contracts the City may have with HCD (“Eligible Project”). BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that: 1.The City is hereby authorized to act as the trustee in connection with HCD’s funds to Eligible Projects pursuant to the above described Notice of Funding Availability in an amount not to exceed $1,000,000 (the "LHTF Award"). 2.The City hereby agrees to match on a dollar for dollar basis the LHTF Award pursuant to Guidelines Section 104. 3.The City hereby agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c). 4.Pursuant to Attachment 1 and the City’s certification in this resolution,the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements. 5.The City shall be subject to the terms and conditions as specified in the Standard Agreement,H&SCity of South San Francisco Printed on 7/25/2020Page 1 of 2 powered by Legistar™ File #:20-502 Agenda Date:7/22/2020 Version:1 Item #:7a. 5.The City shall be subject to the terms and conditions as specified in the Standard Agreement,H&S Section 50842.2 and LHTF Program Guidelines. 6.The City Manager and/or his designee is authorized to execute the LHTF Program Application,the LHTF Standard Agreement and any subsequent amendments or modifications thereto,as well as any other documents which are related to the Program or the LHTF Award to Applicant,as the Department may deem appropriate. Attachments: 1.Funding Request Summary 2.LHTF Application ***** City of South San Francisco Printed on 7/25/2020Page 2 of 2 powered by Legistar™ Attachment 1 City of South San Francisco Affordable Housing Trust Fund Pipeline Projects Eligible for the California Local Housing Trust Fund Jurisdiction Served City of South San Francisco Funding Request Summary The City of South San Francisco will apply any Local Housing Trust Fund (LHTF) award to the City’s Housing Trust Fund program. The LHTF award will fund the City’s existing funding reservations for the pipeline Bridge Affordable Housing project as part of the PUC development. The City will match the LHTF funding with money from its affordable housing trust fund. This project is planned to provide 158 units at between 30-60% AMI. NOFA Release: April 30, 2020 Phone: (916) 263-2771 Website: http://www.hcd.ca.gov/grants-funding/active-funding/lhtf.shtml Program Email: LHTF@hcd.ca.gov Rev. 5/13/20 Local Housing Trust Fund (LHTF) Program Application 2020 Notice of Funding Availability State of California Governor Gavin Newsom Lourdes Castro Ramírez, Secretary Business, Consumer Services and Housing Agency Gustavo Velasquez, Director Department of Housing and Community Development 2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833DRAFT (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) N/A City Manager Address:400 Grand Avenue File Name: Resolution (see below for the minimum Resolution content requirements) Certifications & Legal Disclosure The meeting date authorizing resolution. All votes taken at meeting authorizing resolution (ayes, no's, absent, vacant). LHTF name(s) as it appears on the LHTF application. File Name:YesCert & Legal Disclosure Uploaded to HCD? Yes Legislation, Ordinance or Resolution creating the HTF Uploaded to HCD?YesFile Name: HTF Contact Phone: Applicant Type:(a) City City and/or County Applicants §102(a) (1)(A) The Trust Fund utilizes a public, or joint public and private, fund established by legislation, ordinance, resolution, or a public-private partnership, to receive specific revenue to address local housing needs?Yes (1)(B) The Trust Fund is funded from Ongoing Revenues as required by the definition in §101 from Dedicated Sources of funding such as taxes, fees, loan repayments, or public or private contributions?Yes (b) Applicant is a nonprofit as described in Internal Revenue Code §501(c)(3) that is an Existing Local Housing Trust Fund or a New Local Housing Trust Fund? N/A (2) The city or county has a Housing Element that was adopted by the city or county’s governing body and determined by HCD to be in compliance with state Housing Element law pursuant to GC §65585?Yes (3) The city or county has submitted to HCD the Annual Progress Report required by GC Code §65400 for the current or prior year?Yes (4) A Local Housing Trust Fund or Regional Housing Trust Fund that was created, funded, and operated by a combination of two or more cities or counties, agrees to utilize Program Funds only for Eligible Projects located in cities or counties that have, at the time of application, an adopted Housing Element meeting the requirements of subparagraph (2) above, and for which the Annual Progress Report was submitted for the current or prior year by the application deadline date, as required by subparagraph (3) above? Yes Charitable nonprofit Applicant §102(b) (1)(A) The Trust Fund consists of a public, or joint public and private, fund established by legislation, ordinance, resolution, or a public-private partnership, to receive specific revenue to address local housing needs?N/A (2) The Native American Tribe or Tribes agrees to utilize Program Funds only for Eligible Projects either (A) located on Native American Lands or (B) located in cities and counties that have, at the time of application, an adopted Housing Element that HCD has determined, pursuant to GC §65585, to be in substantial compliance with the requirements of Article 10.6 (commencing with GC §65580) of Chapter 3 of Division 1 of Title 7 of the GC? N/A §101(dd) “Regional Housing Trust Fund” means a Trust Fund serving two or more jurisdictions if the combined population is more than 1 million people; serving three or more jurisdictions in counties with total populations of 250,000 or less; and serving four or more jurisdictions in counties with total populations of more than 250,000. (1)(B) The Trust Fund is funded from Ongoing Revenues as required by the definition in §101 from Dedicated Sources of funding such as taxes, fees, loan repayments, or public or private contributions?N/A (2) The charitable nonprofit organization agrees to utilize Program Funds only for Eligible Projects located in cities and counties that have, at the time of application, an adopted Housing Element that HCD has determined, pursuant to GC §65585, to be in substantial compliance with the requirements of Article 10.6 (commencing with GC §65580) of Chapter 3 of Division 1 of Title 7 of the GC? N/A (3) The charitable nonprofit organization agrees to utilize Program Funds only for Eligible Projects located in cities and counties that have submitted to HCD the Annual Progress Report required by GC Code §65400 for the current year or prior year?N/A Native American Tribe or Tribes Applicants §102(c) (c) Applicant has or have created, funded, and operated an Existing Local Housing Trust Fund, or has created and funded a New Local Housing Trust Fund? N/A (1)(A) The Trust Fund utilizes a public, or joint public and private, fund established by legislation, ordinance, resolution, or a public-private partnership, to receive specific revenue to address local housing needs?N/A Yes City of South San Francisco State:CA Zip Code: Address: OrgDoc1, OrgDoc2, etc. Entity Name (identity of the contracting party or borrower) and Entity Type (corporation, non-profit, for-profit, LLC, etc.) Name & Title of Signatory(ies)**** NOTE: Name and title of authorized signatory(ies) is preferred. In instances pertaining to municipalities/jurisdictions/transit agencies (when title is acceptable), supporting documentation evidencing the individual who currently holds the position must be provided. NOFA Date. Language authorizing Signatory(ies) to sign Standard Agreement (if more than one is listed, ensure "and" or "or" is defined for individuals required to sign). Amendment Provision included. Aggregate dollar amount (should be equal to or greater than the requested/award amount). Person attesting validity of resolution (must be someone other than person authorized to sign Standard Agreement). Organizational Documents Uploaded to HCD? Zip Code:CA Uploaded to HCD? 94080 Contact Email:Deanna.Talavera@ssf.net City: Title:Management Analyst Rev. 5/13/20 Phone: South San Francisco South San Francisco South San Francisco Mike.Futrell@ssf.netAuth Rep. Email: Project and Applicant Information §102 Eligible Applicants (a) Applicant has created, funded, and operated an Existing or Local or Regional Housing Trust Fund, or that has created and funded a New Local or Regional Housing Trust Fund?Yes Applicant Name: Applicant Information Organization Type: Address: §101(p) “Local Housing Trust Fund” is a public, joint public and private, or charitable nonprofit organization organized under §501(c)(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific public, or public and private, revenue to address local housing needs. The key characteristic of a Local Housing Trust Fund is that it receives Ongoing Revenues from Dedicated Sources of funding sufficient to permit the Local Housing Trust Fund to comply with the requirements of the Program. 400 Grand Avenue Zip Code:State:CA Deanna Talavera (1)(B) The Trust Fund is funded from Ongoing Revenues as required by the definition in §101 from Dedicated Sources of funding such as taxes, fees, loan repayments, or public or private contributions?N/A (3) The Native American Tribe or Tribes agrees to utilize Program Funds only for Eligible Projects either (A) located on Native American Lands or (B) in cities and counties that have submitted to HCD the Annual Progress Report required by GC Code §65400 for the current year or prior year? 6508296631 Reso 94080 Auth Rep Name:Mike Futrell Title:6508296620 Contact Name: File Name: 94080400 Grand Avenue City:State: City:DRAFT Rev. 5/13/20Project and Applicant Information STD-204 Payee Data Record Trust Fund Type: (a) Existing Local Housing Trust Fund Date Established File Name: Financial Statements Uploaded to HCD?YesFile Name: 501 Determination 501(c)(3) nonprofit corporation only - determination letter regarding 501(c)(3) status Uploaded to HCD?YesFile Name: (a) The minimum application request shall be $1 million with a max request of $5 million.$1,000,000 §101(z) “Ongoing Revenues” means the following: (1) For an Existing Housing Trust Fund, it means a public or private source, or sources, of revenue totaling at least an average of $100,000 per year for three years after the date of the Program award; (2) For a New Housing Trust Fund, it means sufficient public or private sources of revenue to pay for the Trust Fund’s operating costs for a minimum of five years after the date of the Program award. (3) Ongoing Revenues may not include one-time donations, such as land donations or large bequests. File Name: Uploaded to HCD? Articles of Incorporation (Corp. Code §154, 200 and 202) as certified by the CA Secretary of State. Bylaws and any amendments thereto (Corp. Code §207(b), 211 and 212). Certificate of Amendment of Articles of Incorporation (Corp. Code §900-910 (general stock), §5810-5820 (public benefit and religious corporations), §7810-7820 (mutual benefit corporations), or §12500-12510 (general cooperative corporations)) as applicable. Restated Articles of Incorporation (Corp. Code §901, 906, 910 (general stock), §5811, 5815, 5819 (public benefit and religious corporations), §7811, 7815 and 7819 (mutual benefit corporations) and §12501, 12506 and 12510 (general cooperative corporations)) as applicable. Statement of Information (CA Secretary of State form SI-100 or SI-200) Shareholder Agreements (Corp. Code §186) if applicable. Certificate of Good Standing certified by Secretary of State. Uploaded to HCD? Payee Data Record Signature Block Amount of LHTF Program Funds Requested $2,360,000Annual Ongoing Revenues §101(e) “Dedicated Source” means taxes, fees, and loan repayments consistent with §104(c), and/or public or private contributions that will provide Ongoing Revenues to the Local Housing Trust Fund sufficient to meet the LHTF Program requirements. Dedicated Source does not include lines of credit or loans obtained by the Trust Fund. Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? File Name: File Name: Uploaded to HCD? Uploaded to HCD? Attach documentation for each source of Matching Funds. These include, but are not limited to, Bank statement(s) showing the deposit(s), letter of explanation for each deposit, and a fully-executed, legally-binding commitment/award letter or contract from each funding entity; ordinances adopting fees and/or taxes, prior year financial statement showing fees and/or taxes actually received; land title and appraisal dated within 6 months of application deadline documenting donated land value; Trust Fund loan portfolio spreadsheet showing required interest payments, required principal payments, loan due dates, and required fees, as well as promissory notes for loans whose interest or payments are used as Matching Funds. File Name:Uploaded to HCD? Uploaded to HCD? Matching Fund 18 Uploaded to HCD? Government TIN Form Yes Yes YesUploaded to HCD? 501(c)(3) nonprofit corporation only - Audited financial statements (2 years)Uploaded to HCD?Yes Uploaded to HCD? §101(p) “Local Housing Trust Fund” - The key characteristic of a Local Housing Trust Fund is that it receives Ongoing Revenues from Dedicated Sources of funding sufficient to permit the Local Housing Trust Fund to comply with the requirements of the Program Ongoing Revenues Matching Fund 17 Matching Fund 20 Matching Fund 19 File Name: File Name: Uploaded to HCD? File Name: Uploaded to HCD? Matching Fund 13 File Name: File Name: File Name: File Name: Matching Fund 10 Matching Fund 11 File Name: File Name: Matching Fund 12 Matching Fund 14 §104 Matching Funds Requirements Trust Fund Name: Affordable Housing Trust Fund §103 and NOFA Funding Amount Minimums and Maximums Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Matching Fund 3 Matching Fund 4 Matching Fund 5 Matching Fund 6 Matching Fund 7 File Name: File Name: File Name: (a) Applicant agrees Program Funds provided will be matched on a dollar for dollar basis with dedicated sources of funding, such as taxes, fees, or loan repayments, or public or private contributions by the Applicant? Lines of Credit and loans received by the Trust Fund are not eligible sources of Matching Funds.Yes (b) Applicant understands an application for LHTF funds will not be considered unless the application contains required documentation of the deposit in the Local Housing Trust Fund of the local Matching Funds, and the identity of the source of Matching Funds, or evidence of a legally binding commitment to deposit the required Matching Funds, and the identity of the source of Matching Funds? Yes Name of Matching Funds Commercial Linkage Fees Fund for Bridge Housing Matching Fund 1 Gov't Agency Taxpayer ID Form 501(c)(3) nonprofit corporation only - Signature Block, upload in Microsoft Word Doc. Organizational ChartOrgChart File Name: File Name: File Name: File Name: Matching Fund 2 File Name: File Name: Matching Fund 8 Matching Fund 9 File Name: Yes Required Documentation for Matching Funds (c) Applicant understands that funds restricted for housing use by state or federal law (such as funds from the Home Investment Partnerships Program (HOME), the Community Development Block Grant Program (CDBG), redevelopment agency low- and moderate-income housing fund set-aside (LMIHF) funds, or state housing programs administered by HCD), will not be considered Matching Funds? Permanent Local Housing Allocation (PLHA) Program funds may be considered Matching Funds for Regional Housing Trust Funds. Yes (d) Applicant agrees that Matching Funds will be on deposit prior to disbursement of Program Funds?Yes (e) Applicant agrees Matching Funds will be utilized on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used?Yes Amount $1,000,000 Total Matching Funds $1,000,000Matching Funds Describe or Select Matching Fund Type Public Contribution Matching Fund 15 Matching Fund 16 Ongoing Revenues must be at least an average of $100,000 per year for three years after Program award.DRAFT Rev. 5/13/20Project and Applicant Information Dedicated Source of Ongoing Revenues Commercial Linkage Fees Inclusionary Housing In Lieu Fees Loan Repayments Permanent Local Housing Allocation Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Average annual projected Operating Costs for the five years after Program award.Total Average Operating Costs Annual Operating Cost Uploaded to HCD? Uploaded to HCD? File Name: File Name: File Name: Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Ongoing Revenue 25 Uploaded to HCD? Ongoing Revenue 14 Ongoing Revenue 13 Ongoing Revenue 11 Ongoing Revenue 12 Uploaded to HCD? Ongoing Revenue 24 Ongoing Revenue 23 Uploaded to HCD? Ongoing Revenue 16 Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? File Name: Ongoing Revenue 22 Uploaded to HCD? File Name: Ongoing Revenue 21 Uploaded to HCD? Uploaded to HCD? Uploaded to HCD? Yes Required Documentation for Ongoing Revenues Ongoing Revenue 3 Ongoing Revenue 4 Uploaded to HCD? Ongoing Revenue 8 Ongoing Revenue 9 Ongoing Revenue 15 Attach documentation for each source of Ongoing Revenues. These include, but are not limited to, Bank statement(s) showing the deposit(s), letter of explanation for each deposit, and a fully-executed, legally-binding commitment/award letter or contract from each funding entity; ordinances adopting fees and/or taxes, prior year financial statement showing fees and/or taxes actually received; Trust Fund loan portfolio spreadsheet showing required interest payments, required principal payments, loan due dates, and required fees, as well as promissory notes for loans whose interest or payments are used as Ongoing Revenues. $190,000 Maximum Matching Funds for MI Households $190,000 Maximum MI assistance $380,000 Uploaded to HCD? Uploaded to HCD? File Name: Ongoing Revenue 6 Ongoing Revenue 7 File Name: $475,000 Minimum Matching Funds for LI Households §107(d) Applicant's Loan Guidelines and Underwriting Standards and Procedures Applicant must upload loan guidelines and underwriting standards and procedures. Describe the guidelines and underwriting standards and procedures. $475,000 Minimum LI assistance $950,000 §105. Eligible Uses of Funds Yes Yes Yes Max Matching Funds admin. expenses (5%)$100,000Max Program admin. expenses (5%)Max admin. expenses (c) Applicant agrees at least 30% of the Program Funds, after deducting administrative expense, and the Matching Funds will be expended on assistance to Extremely Low- Income (ELI) Households. To comply with this requirement, dwelling units or shelter beds must be Affordable to, and restricted for, ELI Households with household income of no more than 30% of AMI (see amount below)? (d) Applicant agrees no more than 20% of the Program Funds, after deducting administrative expense, and the Matching Funds will be expended on assistance to Moderate- Income (MI) Households. To comply with this requirement, dwelling units must be Affordable to, and restricted for, MI Households with household income of no more than 120% of AMI (see amount below)? (e) Applicant agrees the remaining Program Funds and Matching Funds will be expended on assistance to Lower-Income (LI) Households. To comply with this requirement, dwelling units must be Affordable to, and restricted for, LI Households with household income of no more than 80% of AMI (see amount below)? $50,000 $50,000 Min Program funds for ELI Households $285,000 Minimum Matching Funds for ELI Households $285,000 Min Program funds for LI Households Uploaded to HCD? Uploaded to HCD? Yes Describe or Select Ongoing Revenues Type Annual Amount Commercial Fees Minimum ELI assistance $570,000 Max Program funds for MI Households Uploaded to HCD? (a) Applicant agrees Program Funds will be used to provide construction loans and/or permanent financing loans at simple interest rates of no higher than 3% per annum, for payment of predevelopment costs, acquisition costs and other costs associated with the development, or rehabilitation of Eligible Projects? (b) Applicant understands administrative expenses of up to 5% of Program Funds and up to 5% of Matching Funds are allowed (see amount below)? File Name: Yes Ongoing Revenue 10 File Name: File Name:$2,000,000 File Name: Ongoing Revenue 20 Ongoing Revenue 17 Ongoing Revenue 18 Ongoing Revenue 19 File Name: File Name: File Name: File Name: Ongoing Revenue 5 Ongoing Revenue 1 Ongoing Revenue 2 File Name: File Name: File Name: File Name: File Name: File Name: File Name: File Name: File Name: Residential in Lieu Fee $100,000 Loan Repayment $50,000 PLHA funds $210,000 File Name: File Name: Ongoing Revenue 26 Marketing $0 Phone and internet Ongoing Revenue 27 Uploaded to HCD? File Name: Mailing fees Recording fees New Housing Trust Fund only: average annual operating cost Salaries and benefits Insurance Utilities Real property taxes Rent Supplies Property maintenance Other - describe Other - describe Other - describe Other - describe Interest on loans DRAFT Rev. 5/13/20Project and Applicant Information Proposed amount $1,000,000 Project Type and Activity Rental new construction Proposed Activity Timeline - provide a general timeline of implementation of your Project, including at a minimum, when you will issue commitments, when construction loan closing will occur, and when you anticipate a disbursement of LHTF Program Funds. Loan Commitment Issued: November 2018; Construction loan estimated closing date: November 2022; Proposed LHTF Program Funds Disbursement Date- November 2022. Guidelines 107d Local loan guidelines and underwriting standards and proceduresFile Name:Uploaded to HCD?Yes List all of the proposed project(s) and activities in connection with this application as specified in §101(g), (1)(2)(3)&(4).DRAFT Date DatePrinted Name Title of Signatory Signature Please provide a letter of explanation if you responded "Yes" to any of the questions above. File Name: Cert. Letter of Explanation 'Letter of explanation for any "red" shaded cells above. Uploaded to HCD? Mike Futrell City Manager 10. Within the past ten years, has the applicant been convicted of any felony? No 11. Within the past ten years, has the applicant been convicted of any misdemeanor related to the conduct of the applicant’s business? No 12. Within the past ten years, has the applicant been convicted of any misdemeanor for any financial or fraud related crime? No 7. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, misdemeanor charges against the applicant for matters relating to the conduct of the applicant’s business? No 8. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, criminal charges (whether felony or misdemeanor) against the applicant for any financial or fraud related crime? No 9. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, that could materially affect the financial condition of the applicant’s business?No 6. Is the applicant currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in, felony charges against the applicant? No 1. Has the applicant filed a bankruptcy or receivership case or had a bankruptcy or receivership action commenced against it, defaulted on a loan or been foreclosed against in past ten years ? No 2. Is the applicant currently a party to, or been notified that it may become a party to, any civil litigation that may materially and adversely affect (a) the financial condition of the applicant’s business, or (b) the project that is the subject of the application?No 3. Have there been any administrative or civil settlements, decisions, or judgments against the applicant within the past ten years that materially and adversely affected (a) the financial condition of the applicant’s business, or (b) the project that is the subject of the application?No 4. Is the applicant currently subject to, or been notified that it may become subject to, any civil or administrative proceeding, examination, or investigation by a local, state or federal licensing or accreditation agency, a local, state or federal taxing authority, or a local, state or federal regulatory or enforcement agency? No 5. In the past ten years, has the applicant been subject to any civil or administrative proceeding, examination, or investigation by a local, state or federal licensing or accreditation agency, a local, state or federal taxing authority, or a local, state or federal regulatory or enforcement agency that resulted in a settlement, decision, or judgment? No Criminal Matters Civil Matters Printed Name Title of Signatory Signature Legal Disclosure For purposes of the following questions, and with the exceptions noted below, the term “applicant” shall include the applicant and joint applicant, and any subsidiary of the applicant or joint applicant if the subsidiary is involved in (for example, as a guarantor) or will be benefited by the application or the project. In addition to each of these entities themselves, the term “applicant” shall also include the direct and indirect holders of more than ten percent (10%) of the ownership interests in the entity, as well as the officers, directors, principals and senior executives of the entity if the entity is a corporation, the general and limited partners of the entity if the entity is a partnership, and the members or managers of the entity if the entity is a limited liability company. For projects using tax-exempt bonds, it shall also include the individual who will be executing the bond purchase agreement. The following questions must be responded to for each entity and person qualifying as an "applicant," or "joint applicant" as defined above. Explain all positive responses on a separate sheet and include with this questionnaire in the application. Exceptions: Public entity applicants without an ownership interest in the proposed project, including but not limited to cities, counties, and joint powers authorities with 100 or more members, are not required to respond to this questionnaire. Members of the boards of directors of non-profit corporations, including officers of the boards, are also not required to respond. However, chief executive officers (Executive Directors, Chief Executive Officers, Presidents or their equivalent) must respond, as must chief financial officers (Treasurers, Chief Financial Officers, or their equivalent). 4. As of the date of application, the Project, or the real property on which the Project is proposed (Property) is not part to or the subject of any claim or action at the State or Federal appellate level. 5. I have disclosed and described below any claim or action undertaken which affects or potentially affects the feasibility of the Project. In addition, I acknowledge that all information in this application and attachments is public, and may be disclosed by the State. Mike Futrell City Manager Bridge Housing Corporation, L37 Parners, City of South San Francisco. Certification & Legal Status On behalf of the entity identified in the signature block below, I certify that: 1. The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct. 2. I possess the legal authority to submit this application on behalf of the entity identified in the signature block. 3. The following is a complete disclosure of all identities of interest - of all persons or entities, including affiliates, that will provide goods or services to the Project either (a) in one or more capacity or (b) that qualify as a "Related Party" to any person or entity that will provide goods or services to the project. "Related Party" is defined in Section 10302 of the California Code of Regulations (CTCAC Regulations): TOD Page 6 of 9 Certification & LegalDRAFT File Name: LOI 9 Uploaded to HCD? File Name: LOI 10 Uploaded to HCD? Enter developer name here Enter developer name here Enter LOI date Enter LOI date File Name: LOI 7 Uploaded to HCD? File Name: LOI 8 Uploaded to HCD? Enter developer name here Enter developer name here Enter LOI date Enter LOI date File Name: LOI 5 Uploaded to HCD? File Name: LOI 6 Uploaded to HCD? Enter developer name here Enter developer name here Enter LOI date Enter LOI date File Name: LOI 3 Uploaded to HCD? File Name: LOI 4 Uploaded to HCD? Enter developer name here Enter developer name here Enter LOI date Enter LOI date File Name: LOI 1 Uploaded to HCD?Yes File Name: LOI 2 Uploaded to HCD? Bridge Housing Enter developer name here Enter LOI date Enter LOI date (1) Non-Residential Matching Funds - 15 points max 15 0 File Name: MF Readiness List Provide a list of rental projects that have received a first phase funding approval, and proposed loan amounts.Uploaded to HCD?Yes (2) Deeper Income Targeting - 20 points max 5 100.00%Matching Funds (sources other than residential Local Impact Fees or In Lieu Fees) (5) Community Need - 15 points max (NOTE: this section will be scored by HCD only)0 (4) Increasing the Supply of Lower-Income (LI) Rental Housing - 20 points max 20 1 Explain below. Bridge Housing's fully affordable project will be located in South San Francisco. List the appropriate representatives from the areas that the Applicant serves. $1,000,000 $1,000,000 List the jurisdictions that your trust fund serves: City of, County of, or Town of Of those served, which Jurisdictions will be served with this application. City of South San Francisco Minimum amount of LI rental exp.$1,900,000 Percentage of Program Funds and Matching Funds Applicant commits to use for new construction of rental housing developments Affordable to and restricted to households with average incomes of no more than 60% of AMI? HCD will provide the percentage of Lower-Income Households paying more than 50 percent of their household income for rent or owner expenses. 100.0% % of Matching Funds$1,000,000 $1,000,000Total Matching Funds Tie Breaker District # State Assembly Member Name(s) (First and last name) $1,900,000 Max MI exp. (per commitment) (3) Readiness - 15 points max 5 Yes Does Applicant commit to expend no more than 18% of its Program Funds and Matching Funds on Moderate-Income (MI) households?Yes 18%If yes, select MI exp. % Program + Matching Funds - Admin Exp.$342,000 Website address that shows projects status: http://construction.ssf.net/ Program Funds + Matching Funds - Admin Exp. $1,900,000 A Regional Housing Trust Fund meeting the description herein receive all points in this category: A Regional Housing Trust Fund is one that includes six jurisdictions (in counties with total populations of 250,000 or less) or eight jurisdictions (in counties with more than 250,000), or that meets the minimum threshold (two jurisdictions with more than one million people, or three jurisdictions in counties with total populations of 250,000 or less, or four jurisdictions in counties with more than 250,000), and includes more than 66% of the population of the county or counties. Jerry Hill Kevin Mullen City of South San Francisco 13 11 Tie Breaker, if needed. Readiness: The extent to which the application identifies specific multifamily rental projects for which the trust fund has issued Letters of Intent (LOIs) to developers for construction or permanent financing, (which includes dollar amounts). Explain below. 45Rev. 5/13/20Application Score - 100 points max §106(f) State Senator Name(s) (First and last name) Congressperson Name(s) (First and last name) Jackie Speier Total Amount of First Phase Funding First Phase Funding vs. Requested (times)Total Program Funds Requested Has Applicant completed a first phase funding process for multifamily rental projects and announced on its website the status of each project, including those projects that were approved to submit a final application upon award of Program Funds by HCD §106(f)(3)? (6) Regional Housing Trust Fund Applicants - 15 points Does your Regional Housing Trust Fund meet the description and requirements below? No 22 District # 14 District # Scott Weiner DRAFT Yes 15 0 Yes 5 100.00% 0 20 $1,900,000 District # 5 $342,000 A Regional Housing Trust Fund meeting the description herein receive all points in this category: A Regional Housing Trust Fund is one that includes six jurisdictions (in counties with 45 22 DRAFT 25 LHTF 24 LHTF 23 LHTF 22 LHTF 21 LHTF 20 LHTF 19 LHTF 18 LHTF 17 LHTF 16 LHTF 15 LHTF 14 LHTF 13 LHTF 12 LHTF 11 LHTF 10 LHTF 9 LHTF 8 LHTF 7 LHTF 6 LHTF 5 LHTF 4 LHTF 3 LHTF 2 LHTF 1 LHTF Justification: Issue #Program Name Tab Section Cell#Update/Comment Urgency ADT Status Status Date Rev. 5/13/20Application Development Team (ADT) Support Form Organization:Email:Contact Phone: Please complete the "yellow" cells in the form below and email a copy to: AppSupport@hcd.ca.gov. A member of the Application Development Team will respond to your request within ASAP. Full Name:Date Requested:Application Version Date:DRAFT City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-484 Agenda Date:7/22/2020 Version:1 Item #:8. Report regarding a resolution authorizing the City Manager to execute a Letter of Intent with Glydways to explore the development of a last-mile transportation system connecting Oyster Point with transit stations in South San Francisco,and approving a $30,000 budget for the preparation of a feasibility study (Christopher Espiritu, Senior Planner) RECOMMENDATION Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute a Letter of Intent with Glydways and appropriate an amount not to exceed $30,000 for the development of a Memorandum of Understanding and preparation of a feasibility study for a potential Glydways-based transportation system in South San Francisco. BACKGROUND/DISCUSSION Glydways is a transportation startup located in South San Francisco;and they have developed an autonomous mass transportation solution to address last-mile connectivity challenges in urban environments.The Glydways system uses energy-efficient electric vehicles,which operate on a dedicated facility (typically five-foot-wide lanes),and does not typically mix with other roadway users (vehicles,trucks,bicycles,and pedestrians)on city streets.Given that the system operates on its own dedicated facility,passenger capacity ranges from 2,000 to 6,000 people per hour per direction.Several Bay Area cities are evaluating the Glydways system:San Jose, Concord, Oakley, and Mountain View. City staff engaged in discussions with Glydways to explore this emerging transportation technology with the intent to provide greater transportation connections for businesses in Oyster Point and the East of 101 area.As described in the Draft Letter of Intent (attached as Exhibit 1 to the accompanying resolution),a potential 1.36- mile pilot project would connect the South San Francisco Ferry Terminal to local and regional transit hubs (i.e., South San Francisco Caltrain Station and SamTrans).Beyond the pilot implementation,there is the possibility of future connections from the South San Francisco Ferry Terminal to BART stations nearby (i.e.,South San Francisco and San Bruno stations). City Staff also engaged in discussions with San Mateo County District 4 Supervisor Staff and have received initial support in pursuing the pilot project and the necessary analysis that would need to be conducted. Implementing the Glydways system in the City of South San Francisco would require formalizing partnerships with the County and Glydways.One of the key milestones would be the development of a feasibility study which would assess the pilot project’s potential for success in the City. The next steps for project include the following: -Establish Memorandum of Understanding with Glydways -Identify funding for required studies -Identify consultant team -Develop a Scope of Work City of South San Francisco Printed on 7/17/2020Page 1 of 2 powered by Legistar™ File #:20-484 Agenda Date:7/22/2020 Version:1 Item #:8. -Prepare a Feasibility Study o Including analysis of economic viability and costs to users and the City City Staff would continue to engage in discussions both internally with departments and divisions,as well as non-City partners,on the development of the feasibility study and identify opportunities for collaboration to ensure that the City’s standards for development continue to be met as the project advances. FISCAL IMPACT Exploration of the Glydways system pilot would require an allocation of a not-to-exceed limit of $30,000 in order to pursue the preparation of a Feasibility Study.As currently estimated,the full cost of a Feasibility Study would be $100,000;however,in partnership with San Mateo County District 4 Supervisor’s Office,the remaining $70,000 would be encumbered by the County.The allocation of $30,000 by the City would be funded through the existing budget of the City Manager’s Office. CONCLUSION Approval of the proposed resolution will authorize the City Manager to execute the Letter of Intent on behalf of the City.The Letter of Intent,and a subsequent Memorandum of Understanding between the City and Glydways,will allow the City to pursue funding partnerships with San Mateo County and the development of a Feasibility Study for the proposed pilot Glydways system in South San Francisco. Attachments: 1.Draft Memorandum of Understanding 2.Glydways Informational Material 3.Glydways Staff Presentation City of South San Francisco Printed on 7/17/2020Page 2 of 2 powered by Legistar™ Attachment 1 10’-0”5’-8”always moving. better. Beat Traffic. Glydways is a solution to a problem everyone hates: TRAFFIC. Glydways’ Dynamic Personal Mass Transit (DPMT) is a revolutionary new autonomous mass transportation solution providing on-demand, point-to-point travel in nimble, private, electric vehicles. Once on your way, your Glydcar will never stop due to traffic or accidents by operating in its own narrow dedicated space. Quietly moving thousands of vehicles per hour, Glydways frees you and many more from traffic, noise, pollution and the precious time we lose everyday. Mobility 5-lane freeway in a 5 foot lane (10kpph/direction) Costs begin at $1.5m/mile on-grade and $16m/mile for a fully elevated, 2 direction Glydway On-demand in seconds, predictable arrival times Suitable for Public, Private or PPP deployment No Traffic. No Driving. Immediate Service. Experience Non-stop quiet ride Solo or Shared Space for pets, bikes, gear and luggage No traffic accidents, safest ride Universal accessibility Environment Energy efficient electric vehicles Solar-ready infrastructure Designed to run on renewables Minimal CO2 emission Community More community coverage More affordable operations Enables pedestrians, bikes and micro modes Equitable connectivity the Glydcar Glydways.com #AlwaysMoving Company Profile Founded in 2016, South San Francisco based. A team of builders, engineers, product developers all passionate about moving and connecting people. high capacity. affordable. better experience sustainable. on-demand 24/7. Attachment 2 Iron Horse Trail/ I-680San Jose System Our Partners Dumbarton Crossing Dumbarton Crossing System Length: 12 miles Est. Total Cost: $671m, $55.9m/mile Capacity: 6,000 pph/direction Avg. wait time: 30 seconds Key Stops: SJC Mineta Int’l Airport, Diridon Station, DeAnza College System Length: 14.9 miles Est. Total Cost: $827m, $55.5/mile Capacity: 3,500pph/direction Avg. wait time: 20.4 seconds Key Stops: Redwood City, Facebook, Union City BART System Length: 17.4 miles Est. Total Cost: $370m, $21.3m/mile Capacity: 3,000 pph/direction Avg. wait time: 22 seconds Key Stops: Pleasant Hill, Bishop Ranch, Dublin/Pleasanton BART info@glydways.com #AlwaysMoving, #Glydways better.Restored Crossing Bridge and Park Bikeway Stevens Creek Blvd. Boardng Zone Bikeway and Boarding Zone Partnerships and Funding Glydways projects can be flexibly funded thru public, private, or public-private partnerships (P3) sources. For each location, we bring a consortium of execution partners including project financing, transit operations, vehicle technology, system design, project construction and delivery.copyright, Glydways, all rights reserved, 2020 City Council Meeting July 22, 2020 1 7/16/2020 2Planning Div. •Autonomous Mass Transportation •Addresses “last-mile” connectivity •Operates within dedicated facility •Five-foot-wide lanes each way •Minimal to no interaction with typical roadway users •Achieve operating speeds between 30- 60 mph •Passenger Capacity between 2000 - 6000 7/16/2020 3Planning Div. •SSF Ferry Terminal / Genentech / Caltrain •1.36-mile long pilot route •Develop Partnerships •San Mateo County •Glydways •Others •Requires Feasibility Study •Cost analysis •Ridership •Design / Route Options •Future Expansion 7/16/2020 4Planning Div. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-503 Agenda Date:7/22/2020 Version:1 Item #:8a. Resolution approving and authorizing the City Manager to execute a Letter of Intent with Glydways to explore the development of a last-mile transportation system connecting Oyster Point with transit stations in South San Francisco, and approving a $30,000 budget for the preparation of a feasibility study. WHEREAS, the City of South San Francisco (“City”) has been exploring options to improve transportation connectivity for commuters and businesses within the City, in order to address anticipated residential and commercial grown throughout the South San Francisco community; and WHEREAS, Glydways is a transportation startup located in South San Francisco and the company has developed an autonomous mass transportation solution to address last-mile connectivity challenges in urban environments; and WHEREAS, the Glydways system uses energy-efficient electric vehicles that operate in dedicated lanes that generally do not intersect with other roadway users on City streets, and the anticipated passenger capacity for such system ranges from 2,000 to 6,000 people per hour per direction ; and WHEREAS, several Bay Area cities are evaluating their options of utilizing the Glydways system, including the cities of San Jose, Concord, Oakley, and Mountain View; and WHEREAS, City staff engaged in discussions with Glydways to explore this emerging transportation technology with the intent to provide greater transportation connections for businesses in Oyster Point and the East of 101 area, and potentially to other areas; and WHEREAS, at this initial stage, staff is exploring a potential 1.36-mile pilot program in discussion with Glydways, which would connect the South San Francisco Ferry Terminal to local and regional transit hubs including the South San Francisco Caltrain Station and SamTrans; and WHEREAS, San Mateo County has expressed initial support for the pilot program and conducting an initial feasibility study for the program; and WHEREAS, staff has prepared a draft Letter of Intent, attached hereto and incorporated herein as Exhibit A, outlining the pilot program proposal utilizing the Glydways system and the City’s interest in collaborating with Glydways to explore the pilot program; and WHEREAS, the Letter of Intent is not an official offer or agreement and does not obligate the City’s general fund or require other financial expenditures by the City, and any subsequent program details would be negotiated in a memorandum of understanding or formal agreement; and City of South San Francisco Printed on 12/15/2020Page 1 of 2 powered by Legistar™ File #:20-503 Agenda Date:7/22/2020 Version:1 Item #:8a. WHEREAS, staff also proposes to conduct a feasibility study for the pilot program, which would require a budget approval of $30,000 to be paid through the existing City Manager’s budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby approves the Draft Letter of Intent as attached hereto as Exhibit A and incorporated herein, and authorizes the City Manager to sign the Letter of Intent with Glydways to explore the development of a last-mile transportation system connecting Oyster Point with transit stations in South San Francisco and a pilot program therewith. BE IT FURTHER RESOLVED that a budget of $30,000 is hereby approved for the purpose of preparing a feasibility study and/or associated agreements relating to the pilot program identified above. ***** City of South San Francisco Printed on 12/15/2020Page 2 of 2 powered by Legistar™ Date Zachary Zeliff Chief Business Development Officer, Glydways 415 East Grand Ave. Suite 201 South San Francisco, CA 94080 Subject: Letter of Intent for Deployment of Glydways System in South San Francisco Dear Mr. Zeliff: The City of South San Francisco (“SSF”) is providing this Letter of Intent with regard to our joint exploration of the possibility of establishing a Glydways system to provide last-mile connectivity between Oyster Point and public transit stations within SSF and San Bruno, to facilitate movement of daily commuters. It is SSF’s understanding that Glydways is proposing to establish an initial pilot route between SSF CalTrain Station and SSF Ferry terminal, followed by three (3) additional alignments to provide a meshed transit network to SSF and San Bruno BART stations. Glydways has represented that the completed system will be able to move millions of commuters throughout SSF each year. [See attached map, prepared by Glydways that shows Glydways’s proposed alignments]. The following table summarizes the characteristics of the pilot and overall systems that Glydways has described: Pilot Overall System Length 1.36 Miles 9.76 Miles Key Stations - South San Francisco CalTrain Station - Pt. San Bruno Park - South San Francisco CalTrain Station - Pt. San Bruno Park - South San Francisco Ferry Terminal - San Bruno BART Station - South San Francisco BART Station Number of Boarding Zones 3 10-14 Expected Ridership 200 people/hour 2000 people/hour Deployment Date 2023 2027 Deployment Cost $9.3 Million (US) $211 Milion (US) To advance the exploration of this project and potential realization, Glydways has committed to assist SSF in discovering both site-specific and non-site-specific funding sources for the project. This includes public measures such as CALSTA Grants and regionally-sourced funding assistance, as well as funding and financing made available through public-private partnerships. Glydways and SSF have preliminarily discussed a collaboration on the design and execution of the proposed system, along the following lines, but subject to future modification and independent actions by the SSF City Council: Attachment 1 Action Item Pilot Overall System Planning SSF1 SSF1 Glydways Feasibility and Design Glydways Glydways Corridor Acquisition SSF2 SSF2 Infrastructure Implementation (TBD) SSF3 SSF3 Supervision of Construction SSF1 SSF1 Fleet Acquisition Glydways TBD4 Other Costs SSF1 SSF1 System Certification Glydways Glydways Maintenance & Operation Glydways Glydways This letter does not constitute an official offer, as the commitments and details of the project will need to be negotiated, memorialized, and executed through a formal agreement, which is subject to the approval of the SSF City Council and might be subject to required legal processes, including but not limited to environmental review and procurement procedures. Parties acknowledge that there's no financial obligation from the City's general fund at this stage. Each party will appoint an individual to act as the primary point of contact between the parties with respect to the management and administration of this project. The parties’ initial representatives are: ● Glydways: Eliot Temple - Vice President, Business Development ● City of South San Francisco: Mike Futrell - City Manager, South San Francisco The City of South San Francisco looks forward to further exploration of a Glydways system to deliver connectivity as one part of a multi-modal approach to addressing the expected surge in job growth and new housing development throughout the city. Regards, Mike Futrell, City Manager, South San Francisco Addendum: Map - Proposed Alignment of Glydways Pilot and System for South San Francisco 1 Subject to new non-general fund funding availability 2 Subject to new non-general fund funding availability, environmental review, and an independent determination by the SSF City Council to proceed with acquisition. 3 Subject to new non-general fund funding availability, environmental review, and independent approval by SSF, including the SSF City Council, of the design, engineering, and contracting for construction. 4 Subject to new non-general fund funding availability and independent determinations by SSF with regarding to procurement. 3551695.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-371 Agenda Date:7/22/2020 Version:1 Item #:9. Report regarding a resolution authorizing the City Manager to execute a Consulting Services Agreement with Mark Thomas of Oakland,California for the Grand Boulevard Initiative Phase III from Arroyo Drive to Kaiser Way (Project No.st1807)in an amount not to exceed $179,775 and authorizing a total budget of $200,000. (Jeffrey Chou, Associate Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Mark Thomas of Oakland,California for the Grand Boulevard Initiative Phase III from Arroyo Drive to Kaiser Way (Project No.st1807)in an amount not to exceed $179,775 and authorizing a total budget of $200,000. BACKGROUND/DISCUSSION The Complete Streets Improvements on El Camino Real (SR82)Project (between Arroyo Drive and Kaiser Way)is part of the Grand Boulevard Initiative Project,a collaboration of 19 cities,counties,local and regional agencies united to improve the performance,safety and aesthetics of El Camino Real.Starting at the northern Daly City city limit (where it is named Mission Street)and ending near the Diridon Caltrain Station in central San Jose (where it is named The Alameda).The initiative brings together local agencies focused on improving the condition,use and performance of the street.The South San Francisco portion of the Grand Boulevard Initiative Project starts at McClellan Drive and ends at Chestnut Avenue,which is approximately one mile.This project will construct the improvements between Arroyo Drive and Kaiser Way (Phase III of the project). The vision is creating a boulevard that connects communities with a mix of land uses designed to attract people to work,live,shop and play,creating links between communities that promote walking and transit and an improved and meaningful quality of life.Cities are encouraged to design for neighborhoods that include high- quality building designs and diverse land uses,preserve historic buildings and places,and enhance economic and cultural diversity,with the broad involvement of residents,workers and local businesses.Rail stations and bus facilities are valued not only as vital transportation services,but as public gathering places and assets to spur transit oriented development. The Grand Boulevard Initiative Project improves an important gateway to the City of South San Francisco and helps set the stage for planned transit-oriented,mixed-use development along the frontage,as envisioned in the City’s 2011 El Camino Real/Chestnut Avenue Area Plan.Project improvements include enhanced pedestrian crossings,with corner curb bulb-outs and median refuges,expanded bus stop/waiting areas and a new landscaped median. The City of South San Francisco applied for grants to help fund the construction of the portion of the Grand Boulevard located within the City.In 2013,the City received a grant in the amount of $1,000,000 from the One Bay Area Grant (OBAG)program to fund the portion between Arroyo Drive and Chestnut Avenue (Phase I).In 2014,the City received a grant in the amount $1,991,000 from C/CAG State Transportation Improvement Program and Transportation Enhancement funds to construct the portion of the Grand Boulevard from McClellan Drive to Kaiser Way (Phase II).In 2017,the C/CAG approved a $1,000,000 grant from OBAG2 program funding to construction the Kaiser Way to Arroyo Drive portion (Phase III),with $125,000 identifiedCity of South San Francisco Printed on 7/16/2020Page 1 of 4 powered by Legistar™ File #:20-371 Agenda Date:7/22/2020 Version:1 Item #:9. program funding to construction the Kaiser Way to Arroyo Drive portion (Phase III),with $125,000 identified for the environmental and design phase,and $875,000 for the construction phase.The Program Supplemental Agreement No. F027 is for the $125,000 for environmental and design phase work. Phases I and II of the project are under construction (awarded June 2018).Staff expects the design for Phase III to be completed in the spring of 2021,requesting authorization of construction funds in early summer 2021, and award construction in summer/fall 2021. Request for Proposals The Project’s work scope requires qualifications and expertise in multiple fields including engineering, environmental studies,regulatory agency requirements,permitting,design and construction bid document preparation. Staff issued a Request for Proposals (RFP)on the eBidboard website on March 20,2020.RFP’s were also sent directly to twenty-two (22)consulting firms offering the Project’s professional services requirement.The City’s Standard Consulting Services Agreement was included in the RFP and the proposing consultants were requested to include in their proposals any desired amendment or exception requested by their legal review or insurance broker. The City staff issued an Addendum to the RFP on April 13,2020,generally responding to the questions related to the project scope of work. Five (5) proposals were received on the due date of April 27, 2020. The consultant proposal review and interview panel consisted of members from the Public Works Department - Engineering Division, Capital Projects and Parks and Recreation Department. The panel analyzed each consultant’s proposal in the following areas: 1.Knowledge and Understanding -Demonstrated understanding of the RFP objectives and work requirements.Identification of key issues.Familiarity with state and federal procedures.Methods of approach, work plan, and experience with similar projects related to type of services. 2.Management Approach and Staffing Plan -Qualifications of project staff (particularly key personnel such as the project manager),key personnel’s level of involvement in performing related work,and the team’s experience in maintaining schedule. 3.Qualifications of the Proposer Firm -Experience with similar projects.Technical experience in performing work related to type of services;capabilities of developing innovative or advanced techniques;strength and stability of the firm;technical experience and strength and stability of proposed sub-consultants;demonstrated communications quality and success;and assessments by client references as available. 4.Presentation of a concise and responsive proposal. After reviewing the submitted proposals,virtual interviews were held for the top two (2)proposing consultant teams on May 14 and 15. The panel analyzed each consultant’s presentation and interview in the following areas: City of South San Francisco Printed on 7/16/2020Page 2 of 4 powered by Legistar™ File #:20-371 Agenda Date:7/22/2020 Version:1 Item #:9. 1.Knowledge, approach, and understanding of the required services and scope of work 2.Management approach and staffing plan to performing scope of work efficiently and effectively /the ability and willingness to work within a managed contract budget,scope of work,and schedule of deliverables 3.Qualifications of Project Manager 4.Qualifications of the proposer firm and ability of the consultant team and key staff in performing the scope of work 5.Effectiveness of Interview - overall interview discussions and persentation The consultant team ratings are summarized as Attachment 1 to this report. Consultant Selection The interview panel has determined that Mark Thomas and its team of sub-consultants (see Attachment 2: Company Profile)have presented the most responsive proposal and interview for the City’s project.The Mark Thomas team’s extensive relevant experiences are as follows: ·In depth knowledge of the Grand Boulevard Project for the cities of Palo Alto,San Carlos and San Mateo and their work with the City on Phases I and II; ·Experienced in civil and structures engineering,surveying,landscape architecture,planning &urban design and construction management services; ·Understanding of the CEQA and NEPA environmental requirements (DJPA of Oakland); ·Involved with the design of similar streetscape projects (Bottomley of Oakland); and ·Assisted the City in preparing civil construction specifications for multiple City projects (Sarro of San Jose). The Mark Thomas team will provide the Project’s required civil engineering,landscape architecture,public outreach support,specialty services related to site surveying,environmental planning,and electrical and geotechnical investigation.While certain minor modifications to the standard agreement have been negotiated by Mark Thomas, the terms of the standard agreement will be substantially the same. Per Public Contract Code (PCC §10344),selection of consultant team is not based on the lowest proposal fee, but on the firm’s expertise, experience and references. Project Schedule The consulting services agreement for this project will tentatively extend through June 2021,corresponding to Caltrans’funding agreement.The project has a Disadvantaged Business Enterprise (DBE)participation goal of 14% because the project has grant funding though OBAG-2 program. FISCAL IMPACT No compensation beyond the not to exceed amount will be authorized without a mutually agreed upon level of effort and corresponding contract amendment approved by the City Council of South San Francisco.The estimated costs are shown below: Mark Thomas Fee $179,775 Design Contingency (10 percent) $ 17,978 Other direct costs $ 2,247 City of South San Francisco Printed on 7/16/2020Page 3 of 4 powered by Legistar™ File #:20-371 Agenda Date:7/22/2020 Version:1 Item #:9. Total Design Phase Costs $200,000 The project also has a Disadvantaged Business Enterprise (DBE)participation goal of 14%because the project has grant funding though the OBAG-2 program. There are sufficient funds allocated for the consultant proposed fees for the project required services,including engineering,design,environmental,regulatory agency permitting,construction bid document preparation and construction period assistance. Funds for the Design of Grand Boulevard Initiative Phase III was previously approved and appropriated in Fiscal Year 2020-21 budget as OBAG-2 Grant Fund and SB1 Road Maintenance and Rehabilitation Fund with an available balance of $125,000.00 and $92,774.93, respectively, and as of June 11, 2020. The City will also be reimbursed for its project related expenditures after Caltrans approves its periodic invoices with copies of its payments.The eligible project cost for Caltrans’reimbursement include the consultant fees and the City’s expenditures for the project administration,CEQA publications,public notifications, permits and other direct costs. RELATIONSHIP TO STRATEGIC PLAN Approval of the Consulting Services Agreement with Mark Thomas of Oakland,California for the Grand Boulevard Initiative Phase III from Arroyo Drive to Kaiser Way project supports the City’s Strategic Plan to improve Quality of Life by accommodating more pedestrians and bicyclists making transit more viable; providing mobility to those who cannot or choose not to drive;and improving safety by installing enhanced pedestrian crossings, with corner curb bulb-outs and median refuges. CONCLUSION Staff recommends approving a Consulting Services Agreement with Mark Thomas for the Grand Boulevard Initiative Phase III Project (Project No.st1807)based on their qualification,specifications and expertise in engineering studies,design,environmental,regulatory agency permitting,construction bid document preparation and other project related services. Attachments: 1. Consultants Rating Summary 2. Company Profile 3. SSF Grand Blvd Location Map 4. Presentation City of South San Francisco Printed on 7/16/2020Page 4 of 4 powered by Legistar™ ATTACHMENT-1 Page 1 of 1    ATTACHMENT 1 – CONSULTANT RATING SUMMARY TABLE 1 – PROPOSAL RANKING SUMMARY:   CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE  RATERS'  FIRM  RANKING  FINAL  PROPOSAL  RANKINGS  BKF Engineers of Redwood  City, CA 80 3 82 3 97 1 2.33 1  Mark Thomas & Company,  Inc of Oakland, CA 82 2 83 2 93 3 2.33 1  Bellecci & Associates of  Pleasanton, CA 83 1 72 5 93 3 3.00 3  CSG Consultants. Inc. of  Foster City, CA 76 4 86 1 85 5 3.33 4  Kimley‐Horn and Associates,  Inc. of Pleasanton, CA 68 5 76 4 95 2 3.67 5  TABLE 2 – INTERVIEW RANKING SUMMARY:   CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE  RATERS'  FIRM  RANKING  FINAL  INTERVIEW  RANKINGS  Mark Thomas & Company,  Inc of Oakland, CA 85 2 87 1 84 1 1.33 1  BKF Engineers of Redwood  City, CA 87 1 78 2 81 2 1.67 2    TABLE 3 – EVALUATORS:   Raters:  Jeffrey Chou  Engineering Division  Associate Engineer  Joshua Richardson  Parks and Recreation  Parks Program Manager  Philip Vitale  Capital Projects  Deputy Director           ATTACHMENT-2 Page 1 of 2   ATTACHMENT 2 – COMPANY PROFILE   MARK THOMAS provides civil and structures engineering, surveying, landscape architecture, planning & urban design, and construction management services to clients throughout California. Since the company's founding in 1927, Mark Thomas has focused on providing excellent client service and delivering projects with a tailored approach to meet our clients’ goals. Their reputation is realized through more than 250 team members in offices that are strategically located to support the communities in which Mark Thomas live. Knowledge of Caltrans El Camino Real (ECR) is also SR 82, part of the Caltrans system. Mark Thomas has a long history of working with Caltrans District 4 Project Oversight and Caltrans District 4 Local Assistance staff. The ability to assist local agencies with Caltrans Local Assistance Procedures Manual (LAPM) is critical to advancing projects through the delivery process. Many of our projects are federally funded, requiring close coordination with Caltrans District 4 Local Assistance. Mark Thomas has the expertise to effectively coordinate with Caltrans District 4 and the relationships to minimize project delays. In addition to the extensive work with Local Assistance, Mark Thomas has delivered numerous projects on the State Highway System (SHS), which included oversight from Caltrans. Mark Thomas have expertise delivering projects through the Permit Engineering Evaluation Report (PEER) process. Familiarity with the City of South San Francisco Mark Thomas has been working with the City for more than a decade to deliver transportation and structures projects. Mark Thomas provided the PEER and PS&E for the Grand Boulevard Initiatives Phases I and II, the Linden and Spruce Traffic Calming project, as well as various task orders under our on-call contract with the City. Through this experience, Mark Thomas gained a thorough understanding of the needs and processes of the City and developed a successful working relationship with City staff. Complete Streets Designing Complete Streets and bike/pedestrian corridors is a strategic service line for Mark Thomas. Mark Thomas recognizes the value of a multidiscipline approach when planning and designing Complete Streets to be safe and convenient for all ages, abilities and modes of travel. Their recent and relevant project experience includes the Shoreline Boulevard Improvements in the Mountain View and the Charleston-Arastradero Corridor Improvements project in Palo Alto. Both projects benefited from an effective balance of creative innovations and practical design solutions. Detailed information about our project experience can be found in the following pages. ATTACHMENT-2 Page 2 of 2   SUBCONSULTANTS   DAVID J. POWERS & ASSOCIATES (DJPA) is committed to providing each client with objective and thorough research, accurate identification of project impacts, and a carefully written analysis of those impacts with appropriate mitigation. They have extensive experience evaluating impacts associated with transportation, public facilities, and infrastructure projects. DJP&A works frequently with Caltrans Local Assistance on projects throughout the Bay Area. DJP&A provided CEQA and NEPA review for the Grand Boulevard Phase II project, including preparation of technical memos required by Caltrans. Mark Thomas and DJPA partnered on many projects over the past several years. BOTTOMLEY DESIGN PLANNING (BOTTOMLEY) is an urban design and city planning firm that specializes in transit- and pedestrian-oriented development planning and capital improvements projects. Mark Thomas and Bottomley have partnered on many projects, including Phases I and II of the Grand Boulevard project for the City and El Camino Real/Arroyo Avenue Improvements for the City of San Carlos. SARRO ASSOCIATES INC (SARRO) specializes in the preparation of civil construction specifications. Principal and owner Suzanne Sarro is a California Registered Civil Engineer with more than 26 years of project management, project development, design, and specification preparation experience for projects ranging from local streets and bike trails to State highways, including previous phases of the GBI project and the Airport Boulevard bridge replacement in South San Francisco, as a subconsultant to Mark Thomas. Y&C TRANSPORTATION CONSULTANTS (Y&C) specializes in traffic signals, lighting, and intelligent transportation systems. Y&C has completed traffic/ electrical engineering PS&E for more than 1,000 transportation projects in over 100 jurisdictions, including the Grand Boulevard Phase I and II in the City. Mark Thomas and Y&C partnered on many projects over the past 23 years. GEOCON CONSULTANTS (GEOCON) delivers professional geotechnical engineering, environmental engineering, materials testing, and special inspection services. They are a full service geoprofessional consulting firm capable of performing field, laboratory and engineering analyses with their in house staff and equipment. Mark Thomas and Geocon partnered on many projects over the past several years, including for Phase II of the Grand Boulevard project.   Attachment 3 South San Francisco Consulting Services Agreement for GBI Phase IIIJuly 22, 2020Attachment 4 Project BackgroundAwarding GuidelinesSelection ProcessRecommendationFunding & BudgetAGENDA2 Grand Blvd Initiative Project (GBI)El Camino Real corridor43 mile roadway from San Jose to Daly City Created as a response to Community needsPromotes upgrading land uses, public services, infrastructure, green constructionAims at improving mobility and transportation across the corridor, multimodal streetscape3Project Background Project Background4C/CAG OBAG 2 Grant for Phase III$125,000 for Design $875,000 for Construction Design Improvements:Benefits:Improved pedestrian, bicycle, and vehicular safety and circulationReduces stormwater runoff going into the City’s storm drain system Promotes stormwater infiltration and recharge of ground water basinADA Curb ramps Bicycle lanes and share the road signagePervious concrete sidewalks Biofiltration planters, Irrigation, LandscapeHigh visibility crosswalks and striping Drain inlets and manholesPavement surface rehabilitation Traffic light system improvements, as neededProject Background5 Consultant (professional services)Consultant is selected through a qualifications based selectionContractor (construction)Contracts are awarded to the lowest responsive responsible bidderAwarding Guidelines6 Selection Process7Mark Thomas & Company, Inc..BKF EngineersBellecci & AssociatesCSG Consultants, Inc..Kimley‐Horn and Associates, Inc..RFP issued on March 20Proposals received April 29Interviews held May 14 & 15 Recommendation8SubconsultantsOffice: 360 22ndSt, #501Oakland, CAIn depth knowledge of the Grand Boulevard InitiativeExperienced in Complete Streets DesignFamiliarity with the City of South San Francisco 9OBAG2Grant$125,000SB1Fund$75,000Grant FundingGovernmental FundingPROJECT BUDGET$200,000Funding & Budget 10Questions? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-373 Agenda Date:7/22/2020 Version:1 Item #:9a. Resolution approving and authorizing the City Manager to execute a consulting services agreement with Mark Thomas of Oakland, California for the Grand Boulevard Initiative Phase III Project from Arroyo Drive to Kaiser Way (Project No. st1807) in an amount not to exceed $179,775 for a total budget of $200,000. WHEREAS, the City of South San Francisco (“City”) adopted 2020-21 Capital Improvement Program (CIP) which includes Project No. st1807 for the Grand Boulevard Initiative Phase III Project from Arroyo Drive to Kaiser Way (“Project”) mostly funded by the One Bay Area Grant (OBAG2); and WHEREAS, the Project proposes improvements including enhanced pedestrian crossings with corner curb bulb -outs and median refuges, enhanced stop bars, expanded bus stop/waiting areas, and a new landscaped median; and WHEREAS, the Project requires expert consulting services for the engineering, environmental, regulatory agency permitting, design, construction and related other services; and WHEREAS, staff invited and received proposals on April 13, 2020, from five (5) well-qualified, multi- disciplinary and success oriented professional consulting teams offering comprehensive services required for the Project; and WHEREAS, after reviewing the proposals, staff invited the top two (2) consultant teams for interviews on May 14 and 15 of 2020; and WHEREAS, the interview panel consisted of members from the City’s Parks and Recreation Parks Program Manager, the City’s Capital Projects Deputy Director and the City’s Public Works Associate Civil Engineer; and WHEREAS, the selection of consulting services is not based on the lowest bidder, but on the firm’s expertise, experience and references; and WHEREAS, the interview panel has determined that Mark Thomas of Oakland and its team of sub-consultants have presented the most responsive proposal for the City’s project; and WHEREAS, Mark Thomas and its team of consultants have extensive relevant experience, including design of similar streetscape projects for the City; and WHEREAS, the City’s standard consulting services agreement, attached hereto and incorporated herein as Exhibit A, has been reviewed and accepted by Mark Thomas with regards to the terms and conditions therein; and City of South San Francisco Printed on 7/24/2020Page 1 of 2 powered by Legistar™ File #:20-373 Agenda Date:7/22/2020 Version:1 Item #:9a. WHEREAS, there are sufficient funds allocated in the City’s FY 2020-21 CIP for the proposed fees for the Project’s required services. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves a consulting services agreement, attached herewith as Exhibit A, attached hereto and incorporated herein, for multi-disciplinary consulting services for the Grand Boulevard Initiative Phase III Project from Arroyo Drive to Kaiser Way (Project No. st1807) in an amount not to exceed $179,775 and authorizing a total project budget of $200,000 conditioned on Mark Thomas’ timely execution of the consultant services agreement and submission of all required documents, including but not limited to, certificates of insurance and endorsements in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the consulting services agreement in substantially the same form as that attached in Exhibit A, and any other related documents on behalf of the City upon timely execution by Mark Thomas signed contract and all other documents, subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the City Manager to take any other related actions consistent with the intention of the Resolution. ***** City of South San Francisco Printed on 7/24/2020Page 2 of 2 powered by Legistar™ Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 1 of 29 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MARK THOMAS & COMPANY THIS AGREEMENT for consulting services (“Agreement”) is made by and between the City of South San Francisco (“City”) and Mark Thomas & Company (“Consultant”) (together sometimes referred to as the “Parties”) as of July 22nd, 2020 (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. The approved Consultant’s Cost Proposal dated May 29th, 2020 is attached as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, or Exhibit B, the Agreement shall prevail. 1.1 Performance Period. The term of this Agreement shall begin on the Effective Date and shall end on June 30th, 2021, 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. Any recommendation for an agreement award is not binding on the City until the Agreement is fully executed and approved by the City. 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, 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. The method of payment for this Agreement will be based on actual cost plus a fixed fee. The total amount payable by the City including the fixed fee identified in Section 2.2 shall not exceed $179,755 (One Hundred Seventy Nine Thousand Seven Hundred Fifty Five Dollars). The payments specified herein 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. Exhibit A Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 2 of 29 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 Actual Costs. The City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’s Cost Proposal (Exhibit B), unless additional reimbursement is provided for by Agreement amendment pursuant to Section 8.3. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds the City’s approved overhead rate set forth in the Cost Proposal (Exhibit B). Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal (Exhibit B). In the event, that the City determines that a change to the work from that specified in the Cost Proposal (Exhibit B) and Agreement is required, the Agreement time or actual costs reimbursable by the City shall be adjusted by Agreement amendment, pursuant to Section 8.3 to accommodate the changed work. When milestone cost estimates are included in the approved Cost Proposal (Exhibit B), Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. 2.2 Fixed Fee. In addition to the allowable incurred costs, the City hereby agrees to pay Consultant a fixed fee not to exceed $10,596.03. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment pursuant to Section 8.3. 2.3 Invoices. Invoices shall be submitted, in duplicate, no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal (Exhibit B) and shall reference this Agreement number and project title. Invoices shall be mailed to the City’s Contract Administrator at the following address: Engineering City of South San Francisco 315 Maple Ave South San Francisco, CA 94080 2.4 Payment. Consultant will be reimbursed promptly according to California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. City Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 3 of 29 shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Scope of Work (Exhibit A), the City shall have the right to delay payment or terminate this Agreement. 2.5 Final Payment. Final invoice must contain the final cost and all credits due to the City, including any equipment purchased under Section 10.21. The final invoice should be submitted within sixty (60) calendar days after completion of Consultant’s work. 2.6 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 amendment pursuant to Section 8.3. 2.7 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. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by the City’s Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. 2.8 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 D. 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. 2.9 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 Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 4 of 29 of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.10 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. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. 2.11 Prevailing Wage. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer. These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. 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. 2.11.1 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 Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 5 of 29 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. 2.11.2 Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll records and supporting documents as mandated by Labor Code Section 1776 and as defined in 8 CCR Section 16000, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. 2. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. 3. The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request. . Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 6 of 29 Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. The Consultant shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. The Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City Contract Administrator. 2.11.3 Penalty. The Consultant and any of its Subconsultants shall comply with Labor Code Sections 1774 and 1775. Pursuant to Labor Code Section 1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 7 of 29 If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements: a. The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. Pursuant to Labor Code Section 1775, City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City. 2.11.4 Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 8 of 29 per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in section 1815. 2.11.5 Employment of Apprentices. Where either the prime Agreement or the subagreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code Sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices. Consultants and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. The Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code Section 1777.7. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide 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 Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 9 of 29 Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 10 of 29 professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 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, 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 Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 11 of 29 in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to 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. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 12 of 29 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement. b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. 5.1 Separate Professional Liability (PL) Indemnity. As respect to the performance of professional services, Consultant agrees to indemnify and hold harmless City, its officers, employees, authorized agents/volunteers (collectively, the “City Indemnitees”), from and against any damages, losses, liabilities, judgments, settlements, expenses, and costs (including reasonable and necessary attorneys' fees, costs and expenses) to the extent caused by Consultant's negligent acts, errors or omissions or willful misconduct in the performance of services under this Agreement and anyone for whom Consultant is legally liable. Consultant has no obligation to pay for any of City Indemnitees defense related cost prior to a final determination of liability, or to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant. 5.2 Separate Other than Professional Liability (OPL) Indemnity. As respect to its operations, other than the performance of professional services, Consultant agrees to indemnify, hold harmless and defend City with counsel approved by City, the City Indemnitees, from and against any damages, liabilities, judgments, settlements, costs, claims, demands, actions, suits, losses, and expenses (including reasonable and necessary attorneys' fees, costs and expenses) arising out of the death or bodily injury to any person or destruction or damage to any property, to the extent caused by Consultant's negligent acts, errors or omissions or willful misconduct in the performance of services under this Agreement and anyone for whom Consultant is legally liable. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 13 of 29 5.3 Common PL & OPL Indemnity Provisions. Consultant’s obligations under this Section 5 shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless under Section 5.2 includes the duty to defend as set forth in Section 2778 of the California Civil Code; however, in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 5.4 Insurance Not in Place of Indemnity. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 5.5 PERS Liability. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 5.6 Third Party Claims. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. Section 6. STATUS OF Consultant. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 14 of 29 all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 15 of 29 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon not less than thirty (30) calendar days written notification to Consultant(delivered by certified mail, return receipt requested). Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 9.1. Consultant may cancel this Agreement for cause upon 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 as provided for in this Agreement; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this section. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.4.1 Subcontracting Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 16 of 29 a. Nothing contained in this Agreement or otherwise, shall create any contractual relationship between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City’s Contract Administrator, except that, which is expressly identified in the approved Scope of Work. c. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. Any subcontract entered into as a result of this contract shall contain all the provisions in this contract to be applicable to subconsultants unless otherwise noted. e. Any substitution of subconsultant(s) must be approved in writing by City’s Contract Administrator in advance of assigning work to the substitute subconsultant(s). 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 17 of 29 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties 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. 9.3.1 Retention of Records/Audit For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties, including the Consultant’s Independent CPA, shall make such materials available at their respective offices at all reasonable times during the term of the Agreement and for three years from the date of final payment under the Agreement. The state, State Auditor, Caltrans Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 18 of 29 Auditor, City, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, Subconsultants, and the Consultant’s Independent certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. Subcontracts in excess of $25,000 shall contain the provision. 9.3.2 Audit Review Procedures. a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Finance Director. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City’s Finance Director of unresolved audit issues. The request for review will be submitted in writing. c. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. d. Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by City Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. e. Consultant’s cost proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by Caltrans Audits and Investigation (A&I). Caltrans A&I, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The compensation schedule shall be adjusted by the Consultant and approved by the City Contract Administrator to conform to the Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 19 of 29 Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. 1. During Caltrans A&I’s review of the ICR audit work papers created by the Consultant’s independent CPA, Caltrans A&I will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans A&I identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I. Accepted rates will be as follows: i. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. ii. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. iii. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If Caltrans A&I is unable to issue a cognizant letter per paragraph E.1. above, Caltrans A&I may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans A&I will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions. 3. If the Consultant fails to comply with the provisions of this paragraph E, or if Caltrans A&I is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 20 of 29 4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) Caltrans A&I accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) Caltrans A&I has issued its final ICR review letter. The Consultant must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 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 Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 21 of 29 state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. During the term of this Agreement, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. The Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. 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. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 22 of 29 Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Eunejune Kim, City Engineer/Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 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: Mark Thomas & Company 3000 Oak Road #650, Walnut Creek, CA 94597 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. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 23 of 29 Seal and Signature of Registered Professional with report/design responsibility. 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. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. 10.16 Cost Principles and Administrative Requirements. a. Consultant agreed that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items not otherwise identified in the Scope of Work. b. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR, Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City. d. When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. 10.17 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 24 of 29 warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the total compensation stated in this Agreement; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 10.18 Non-Discrimination Clause and Statement of Compliance. a. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. b. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. Consultants and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.) and the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by the City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. d. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the City shall require to ascertain compliance with this clause. e. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. f. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 25 of 29 g. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the State of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance of their assignees and successors in interest. h. The Consultant, with regard to the work, performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. 10.19 Debarment and Suspension Certification. a. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. b. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. c. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 10.20 Disadvantaged Business Enterprises (DBE) Participation. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 26 of 29 a. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal. b. The goal for DBE participation for this Agreement is 14%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. c. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with deferral funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. d. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. e. A DBE firm may be terminated only with prior written approval from LOCAL AGNECY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f). f. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. g. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 27 of 29 h. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. i. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. j. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F of the LAPM], certified correct by Consultant or Consultant’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory ‘Final Report- Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator. k. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to City’s Contract Administrator within 30 days. 10.21 Equipment Purchase and Other Capital Expenditures. a. Prior authorization in writing by City’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service, or consulting work not covered in Consultant’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. c. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following: Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 28 of 29 1. Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City. 2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. 10.22 Prohibitions of Expending Local Agency, State, or Federal Funds for Lobbying. 10.22.1 The Consultant certifies, to the best of his or her knowledge and belief, that: a. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 10.22.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company Page 29 of 29 10.22.3 The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Consultant ____________________________ _____________________________________ Mike Futrell, City Manager Sasha Danksy Principal, Vice President Mark Thomas & Company Attest: _____________________________ Rosa Acosta, City Clerk Approved as to Form: ____________________________ City Attorney Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit A- Page 1 of 8 EXHIBIT A SCOPE OF WORK The following scope of work (SOW) outlines the tasks required to advance the project through preliminary engineering, environmental and final design including all tasks required to request Caltrans right-of-way certification and federal aid construction funding for this South San Francisco Grand Boulevard Initiative (GBI) Phase III project, which will complete the integrated pedestrian oriented corridor with shorter, more direct and visually enhanced crosswalks, a sidewalk connection to Del Paso Drive, landscape medians, sidewalk bulbouts, vegetated bioretention areas and restriping on El Camino Real between Arroyo Drive and Kaiser Way. Bicycle access will be accommodated with striped shoulders. A possible connection to the Centennial Trail will be considered. The goal is to have Caltrans approval by July 30, 2021. This project is a subset of the original SamTrans GBI Complete Streets Case Study project in South San Francisco and will be funded through OBAG and local funds. The project limits generally extend along El Camino Real (ECR) from the north end of Phase I at Arroyo Drive to the south end of Phase II at Kaiser Way. Proposed project improvements include enhanced pedestrian crossings with corner curb bulb-outs and median refuges, enhanced stop bars, and new landscaped medians with continuity and improvements to previous phases. It is not yet known whether the project construction cost will be less than $1M (Encroachment Permit process) or greater than $1M (PEER process). Coordination with Caltrans is included in this SOW to confirm that design exceptions, fact sheets, roadway geometrics, and the Caltrans approval process from Phases I & II are applicable to Phase III. Subconsultants and their roles/responsibilities include: 1. David J. Powers (DBE), Environmental 2. Bottomley Design and Planning, Landscape Architecture 3. Sarro Associates (DBE), Specifications 4. Y&C Transportation Consultants (DBE), Traffic/Electrical 5. Geocon, Geotechnical 6. Exaro, Potholing The following tasks and activities will be performed: TASK 1. PROJECT MANAGEMENT Task 1.1. Project Management Mark Thomas will supervise, coordinator, and monitor the work effort of the consultant team to assure an efficient use of the team resources and to assure free and timely flow of information of each task activity. The effort will include coordinating and scheduling meeting, periodically checking in on consultant progress on particular tasks, assisting in communication between team member, the City, Caltrans, SamTrans, and other entities, and planning ahead for milestones requiring joint project team effort. This task will also include general coordination and communication with the City and SamTrans. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit A- Page 2 of 8 Our project manager will be responsible for conformance to the City and Caltrans standards and policies, developing and maintaining a Project Schedule, preparation of monthly invoices and progress reports, and maintain project files. Mark Thomas will perform internal quality control reviews of documents and plans prior to each submittal and maintain good communication with City, Caltrans, and our subconsultants as required for the development of a quality product for the City. DELIVERABLES: • Project schedule (updated monthly) • Monthly invoices with progress report and summary of work completed during that invoice period. Task 1.2. Project and Public Meetings In order for the project to proceed on schedule, it is very important for the key personnel from the City, Caltrans, and the Mark Thomas team to meet on a periodic basis to discuss project issues and progress. Periodic project team coordination meetings are proposed and included in this task. In addition to the periodic project team meetings, other focus meetings with the consultant team, the City, SamTrans, Caltrans, and stakeholders may be necessary. Mark Thomas will coordinate with Kaiser to gain their approval of temporary pedestrian access through their property during construction. Mark Thomas will prepare agenda and meeting minutes for important meetings with City and Caltrans to document decisions and directions. Mark Thomas will also prepare graphics, provide tech support and attend one public meeting. DELIVERABLES: • Attend biweekly coordination meetings • Attend public meeting during or before Preliminary and 35% Design • Exhibits for public meeting • Meeting agendas and minutes for all biweekly coordination meetings through all phases of design. TASK 2. CALTRANS COORDINATION Task 2.1. Caltrans and Environmental Coordination Preparation of PES Form: DJP&A will prepare the Caltrans Preliminary Environmental Studies (PES) Form or equivalent (and supporting information) for submittal to Caltrans. The City can then schedule the Field Review that DJP&A will attend with the Project Team. The PES Form will be used by Caltrans to determine the environmental studies required for the project. DJP&A will also work with the City and Design Team to develop a project description for submittal to Caltrans. Because the Field Review has not yet been conducted, our Scope of Work describes the studies that DJP&A believes could ultimately be required by Caltrans, based on our recent experience and prior work on the Grand Boulevard Phase II project. NEPA Environmental Technical Memos and Studies: Based on the Field Review, project plans, and any previously completed studies, DJP&A will prepare technical reports per Caltrans’ Standard Environmental Reference (SER) formats for such reports. DJP&A will submit the reports to Caltrans as they are prepared. Below is a list of all reports/memos we expect Caltrans to require: • Air Quality. The Project is exempt from Air Quality conformity analysis under (40 CFR 93.126) - Bicycle and pedestrian facilities as determined in the 2019 Transportation Improvement Program Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit A- Page 3 of 8 List. DJP&A will prepare the Air Quality conformity checklist and attach confirmation of the MTC Air Quality Task Force’s findings for the project. • Biological Technical Memo. Caltrans previously required a Biological Constraints Memo be prepared for the South San Francisco Grand Boulevard Phase II project. DJP&A assumes Caltrans will request a similar memo for the Phase III project documenting the lack of habitat in the project APE, any potential tree removal, • and the project’s consistency with the Migratory Bird Treaty Act (impacts to nesting raptors either during construction or as a result of tree removal). The Biological Constraints Memo will be based, in part, on a tree survey to be provided to DJP&A by the Project Team. • Hazardous Materials Memo. A hazardous materials memo will be prepared that addresses the potential for hazardous materials or waste to be present within or immediately adjacent to the project, including asbestos- containing materials and lead-based paint (i.e. thermoplastic striping). • Traffic Memo. A traffic memo will be prepared that will describe the proposed traffic handling during construction, identify any detours for the Kaiser Health Center, and how emergency service access will be provided. • Visual Impact Assessment Memo. A visual impact assessment memo will be prepared for the project detailing any potential visual impacts resulting from the project. The VIA questionnaire will be attached to the VIA memo. • Water Quality Memo. A water quality memo will be prepared by Mark Thomas to describe the measures to be undertaken to prevent the degradation of water quality during construction. Environmental Document: The project proposes minor modifications to an existing facility and is anticipated to qualify for a Categorical Exemption (CE)/Categorical Exclusion (CE) under CEQA and NEPA, respectively. DJP&A will coordinate the preparation of all the necessary technical reports/memos required for the CEs, as described above. Assumptions: It is also assumed that Caltrans will not require any Section 106/cultural resources studies. That no right-of- way take is required for the project and construction equipment staging would be located within the existing public right-of-way. The cost estimate includes two rounds of revision to each report. Once the reports are approved, DJP&A will complete the CEQA CE form and the NEPA CE form for Caltrans. The project is in an urban environment and not anticipated to require any regulatory agency permits. DELIVERABLES: • PES Form • NEPA Environmental Technical Memos and Studies Task 2.2. Design Standard Decision Document (DSDD) Mark Thomas will evaluate and identify any proposed nonstandard design features not included in Fact Sheets and Design Exceptions previously approved by Caltrans for Phases I & II. Meet with Caltrans as necessary. DELIVERABLES: • Draft DSSD • Final DSDD, approved and signed by Caltrans Task 2.3. Permit Engineering Evaluation Report (PEER) Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit A- Page 4 of 8 Mark Thomas will prepare a Caltrans Permit Evaluation Engineering Report (PEER) to support the encroachment permit process. The PEER will document the engineering analysis of the proposed work. The analysis will include review of the proposed improvements to determine drainage, maintenance, operations, and environmental impacts of the State highway. This assumes that no more than two (2) review cycles will be required with Caltrans DELIVERABLES: • Draft PEER • Final PEER, approved and signed by Caltrans Task 2.4. Encroachment Permit Processing Mark Thomas will prepare and submit the Encroachment Permit Application to Caltrans for project construction as soon as the 100% PS&E is completed. We will attempt to submit a draft version earlier in the project cycle if possible, but Caltrans will likely want plans to be completed before they begin reviewing the application. Supporting studied required for the encroachment permit such as the Storm Water Data Report (SWDR) AND Right of Way Certification would be included in the task. DELIVERABLES: • Caltrans Encroachment Permit Application package, including all supporting documents required by Caltrans • Caltrans Encroachment Permit, approved and signed by Caltrans Task 2.5. Utility Coordination Mark Thomas will coordinate obtaining permits for field work as required, including a Caltrans encroachment permit for doing supplemental topographic survey work and field studies within the Caltrans right of way. This would not include actual fees for such permits. It is assumed that any fees required would be paid directly by City of South San Francisco to the permitting agency. Mark Thomas will coordinate with all utility companies operating in the project area to obtain as-built plans of facilities, confirm existing utility locations including irrigation equipment on our base map, and discuss any potential concerns about project improvements or impacts. Mark Thomas will provide a matrix for utility coordination. Mark Thomas will identify known subsurface obstructions based on record data, geotechnical borings, potholes and previous phases of construction. DELIVERABLES: • Utility coordination letters and correspondence • Existing utility base map in AutoCAD TASK 3. DESIGN Task 3.1. Preliminary and 35% Mark Thomas will use the Construction Documents created for Phases I & II and Conceptual Plan for the entire project to develop 35% and Basis of Design Memorandum. The work will also include Supplemental Topographic field survey to confirm conforms at Phase I & II construction and any other areas that may have changed since the original base topo and utility mapping was created for prior work. Mark Thomas subconsultant Exaro, will perform five (5) potholes of the existing Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit A- Page 5 of 8 gas main at the spacing potholed in Phases I and II. Mark Thomas subconsultant Geocon, will perform six (6) pavement corings at the spacing similar to those performed for Phase II. Locations of corings to be approved by the City. Mark Thomas will coordinate obtaining permits for field work as required, including a Caltrans encroachment permit for doing supplemental topographic survey work and field studies within the Caltrans right of way. This will not include actual fees for such permits. It is assumed that any fees required would be paid directly by City of South San Francisco to the permitting agency. Mark Thomas will coordinate with all utility companies operating in the project area to obtain as-built plans of facilities, confirm existing utility locations on our base map, and discuss any potential concerns about project improvements or impacts. Design considerations will include placement of trees near intersections and streetlights. DELIVERABLES: • 35% Plans & Estimate. • Pothole Report. • Pavement Coring Report • 35% Design Exhibit for use in DSDD • Basis of Design Memorandum • Design-focused meeting with City • Caltrans Encroachment Permits for Supplemental Topo Survey work, Potholing and Coring’s Task 3.2. 65% Design After receiving City and Caltrans comments on the 35% plans, Basis of Design, and DSDD, the Mark Thomas Team will prepare 65% level plans, Special Provisions including Measurement and Payment Sections, and Estimate. Mark Thomas in-house Construction Manager to perform Feasibility/ Constructability Review and provide comments. The 65% PS&E will present all proposed project features and are anticipated to include the following sheets: • Title • Typical Cross Sections • Layout • Drainage & Utilities • Construction Details • Signing and Striping • Landscaping & Irrigation • Construction Staging and Traffic Handling Note that Electrical Plans should not be needed as Traffic Signal modifications at Kaiser Way in Phase 1 and Arroyo Drive in Phase II included accommodations for Phase III. If Electrical Plans are needed, they will be prepared as Extra Work and paid for on a T&M basis NTE $8,000 Bid Alternative Elements will be discussed with the City. Construction Staging and Traffic Handling Plans will be prepared based on traffic volumes, pedestrian and bike movements used in Phases I and II. DELIVERABLES: • 65% Plans (11”x17” half size in PDF format) for City & Caltrans Review • 65% Special Provisions (MS Word and PDF format) • 65% Construction Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit A- Page 6 of 8 Task 3.3. 95% Design After receiving City & Caltrans comments on the 65% design plans and special provisions, the Mark Thomas Team will prepare a 95% plans, specifications, and estimate (PS&E) package for City and Caltrans review. The 95% PS&E will complete the details for the design features developed in the 65% design and present the complete draft bid package and will include full Bid Documents. DELIVERABLES: • 95% Plans (11”x17” half size in PDF format) for City & Caltrans Review • 95% Specifications (MS Word and PDF format) • 95% Construction Cost Estimate Task 3.4. 100% Design The Mark Thomas Team will prepare a 100% PS&E package based on comments from the City and Caltrans on the 95% PS&E submittal. This package will primarily incorporate changes due to the comments and complete any final missing details. The 100% PS&E will be submitted for one final review by the City and will be submitted to Caltrans to begin the encroachment permit process. DELIVERABLES: • 100% Plans (11”x17” half size in PDF format) for City & Caltrans Review • 100% Specifications (MS Word and PDF format) • 100% Construction Cost Estimate Task 3.5. Bid Documents After receiving final comments on the 100% PS&E, the Mark Thomas Team will prepare the final Bid Documents for advertising and bidding the project for construction. It is assumed that Caltrans will not do any further reviews after the 100% PS&E review. Bid Documents to include requirements for contractor to provide submittals well in advance of need for approvals and for contractor to follow SIP county protocols at all times. Mark Thomas to provide supporting documentation for unit prices and quantities in cost estimates, schedule showing working days, QA/QC documents, updates to Basis of Design Memo, and Materials Submittal List with references to Special Provisions sections. DELIVERABLES: • Final, stamped and signed plans (11’x17’ half size and 24”x36” full size PDF format) • Final Bid Documents (MS Word and PDF format) • Final Construction Cost Estimate (PDF format) TASK 4. BID PERIOD SERVICES Task 4.1. Bid Support Mark Thomas will respond to questions from bidders and prepare up to two (2) addenda to clarify or revise the bid documents. DELIVERABLES: • Provide Stamped and Signed Final PS&E. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit A- Page 7 of 8 • Respond to questions during Bid Period. • Prepare up to two (2) addenda to clarify/ revise bid documents Note all deliverables include hard copies and electronic files in AutoCAD, MS Word, MS Excel and PDF format. EXCLUSIONS: The following items are specifically not included in this scope of work but can be provided by Mark Thomas as an additional task: • Construction Management or Administration • Construction staking • R/W Surveying • Legal descriptions, exhibits or plats or easements or right of way • Record of surveys or corner records • Design Support During Construction All work will be performed within the Standard of Care applicable to the task and in accordance with applicable provisions in the Consulting Agreement with the City for the project. Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit A- Page 8 of 8 PROJECT SCHEDULE: Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit B- Page 1 of 1 EXHIBIT B COST PROPOSAL PrincipalSasha DanskySr. Project ManagerMike CooperTechnical LeadAlex Lee (Project Manager)Design Engineer IIDesign Engineer IConstruction Manager John CollinsSr. Survey Manager2 Person Field CrewProject CoordinatorBottomleySarro AssociatesY&C TransportationD.J PowersGeoconExaro$371 $244 $190 $120 $97 $240 $207 $263 $91 Non-DBE DBE DBE DBE Non-DBE Non-DBE 1.0 PROJECT MANAGEMENT 1.1 Project Management 2 40 8 16 16 82 $15,387 1,840 - - - - - $17,227 1.2 Project and Public Meetings 20 16 36 $6,796 - - - - - - $6,796 Subtotal Phase 1 2 60 8 32 0 0 0 0 16 118 $22,182 $1,840 $0 $0 $0 $0 $0 $24,023 2.0 CALTRANS COORDINATION 2.1 Environmental Clearance 0 $0 - - - 21,545 - - $21,545 2.2 Design Standard Decision Documents (DSDD)24 20 44 $7,791 - - - - - - $7,791 2.3 Permit Engineering Evaluation Report (PEER)8 8 8 16 40 $5,979 - - - - - - $5,979 2.4 Enchroachement Permit Procrssing 8 8 8 20 44 $6,367 - - - - - - $6,367 Subtotal Phase 2 0 40 16 16 56 0 0 0 0 128 $20,138 $0 $0 $0 $21,545 $0 $0 $41,683 3.0 DESIGN 3.1 Preliminary and 35% Design 16 8 16 40 4 8 4 96 $14,514 1,900 - 4,955 - 7,096 7,500 $35,965 3.2 65% Design 2 8 8 24 40 8 8 98 $13,616 2,560 2,640 3,000 - - - $21,816 3.3 95% Design 2 8 8 24 40 4 86 $11,333 2,160 1,540 - - - - $15,033 3.4 100% Design 4 4 16 32 4 60 $7,121 1,960 1,320 - - - - $10,401 3.5 Bid Documents 8 4 16 20 4 52 $6,933 - 1,100 - - - - $8,033 Subtotal Phase 3 4 44 32 96 172 8 4 8 24 392 $53,517 $8,580 $6,600 $7,955 $0 $7,096 $7,500 $91,248 4.0 BID PERIOD SERVICES 4.1 Bid Support 4 4 8 4 20 $3,058 440 - - - - - $3,498 Subtotal Phase 4 0 4 4 8 0 0 0 0 4 20 $3,058 $440 $0 $0 $0 $0 $0 $3,498 TOTAL HOURS 6 148 60 152 228 8 4 8 44 658 0 OTHER DIRECT COSTS $1,499 $5,155 $150 $95 $365 $12,060 $0 $19,323 TOTAL COST $2,226.00 $36,082.40 $11,377.20 $18,238.48 $22,116.00 $1,713.70 $828.04 $2,104.08 $4,003.56 $100,394 $16,015 $6,750 $8,050 $21,910 $19,156 $7,500 $179,775 TOTAL COSTTotal MT Cost COST PROPOSAL FOR PROJECT SCOPE - City of South San Francisco: GBI III Mark Thomas Subconsultants Total Hours 5/29/2020 Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit C- Page 1 of 1 EXHIBIT C INSURANCE CERTIFICATES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/11/2020 Asero Insurance Services 200 N. Almaden Blvd. 3rd Floor San Jose, CA 95110 866-966-8928 408-271-1802 www.aseroins.com License No. 0A91339 National Fire Insurance Co of Hartford 20478 Continental Insurance Company 35289 American Casualty Company of Reading, PA 20427 A 1,000,00060789513859/15/2019 9/15/2020 1,000,000 3 15,000 3 1,000,000 Deductible - None 2,000,000 2,000,0003 B 6078951371 9/15/2019 9/15/2020 1,000,000 3 3 3 Comp/Coll Ded: $1,000 B 6078951399 9/15/2019 9/15/2020 5,000,00033 5,000,000 Deductible - None0 C 6078951418 9/15/2019 9/15/2020 3 1,000,000 1,000,000 1,000,000 A Leased,Borrowed Or Rented 6078951385 9/15/2019 9/15/2020 Per Item Limit: $100,000 Equipment Per Occurrence Limit: $100,000 A Restoration of Media Coverage 6078951385 9/15/2019 9/15/2020 Limit/ Deductible: $1,000,000/$5,000 Joe Longwello Asero Insurance Services certs@aseroins.com (Valuable Papers) Mark Thomas & Company, Inc. 2833 Junction Avenue, Ste 110 San Jose CA 95134 55943598 3 3 33 The City of South San Francisco, and its officers, employees, agents, and volunteers, named as additional insureds. The Workers Compensation / Employers Liability Deductible is none. The City of South San Francisco 315 Maple Avenue San Francisco, CA 94080 Re: GB III NOTE: 30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAYS FOR NON-PAYMENT. 55943598 | MARKT-1 | 19-20 Master Certificate | Prabhjot Kaur | 6/11/2020 9:10:26 AM (PDT) | Page 1 of 8 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Commercial General Liability Blanket Additional Insured - Owners, Lessees Or Contractors - With Products-Completed Operations Coverage Endorsement and Primary and Noncontributory Insurance as required by written contract per attached from CNA75079XX (10-16). Commercial General Liability Waiver Of Transfer Of Rights Of Recovery Against Others To The Insurer Endorsement as required by written contract per attached form CNA75008XX (10-16). Commercial Auto Liability Additional Insured - Primary And Non-Contributory as required by written contract per attached form CNA71527XX (Ed. 10/12). Commercial Auto Liability Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) as required by written contract per attached form CA 04 44 10 13. Workers' Compensation Blanket Waiver Of Our Right To Recover From Others as required by written contract per attached form G-19160-B (Ed. 11/97). *Subject To Policies Terms, Conditions, and Exclusions MARKT-1 Asero Insurance Services Mark Thomas & Company, Inc. 2833 Junction Avenue, Ste 110 San Jose CA 95134 25 Certificate of Liability (03/16) ATTACHMENT HOLDER: ADDRESS: The City of South San Francisco 315 Maple Avenue San Francisco, CA 94080 55943598 | MARKT-1 | 19-20 Master Certificate | Prabhjot Kaur | 6/11/2020 9:10:26 AM (PDT) | Page 2 of 8 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16)Policy No:6078951385 Page 1 of 2 Endorsement No: Effective Date:9/15/2019-9/15/2020 Insured Name: MARK THOMAS & COMPANY, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B.additional insured coverage with "arising out of" language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: 55943598 | MARKT-1 | 19-20 Master Certificate | Prabhjot Kaur | 6/11/2020 9:10:26 AM (PDT) | Page 3 of 8 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16)Policy No:6078951385 Page 2 of 2 Endorsement No: Effective Date:9/15/2019-9/15/2020 Insured Name: MARK THOMAS & COMPANY, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 55943598 | MARKT-1 | 19-20 Master Certificate | Prabhjot Kaur | 6/11/2020 9:10:26 AM (PDT) | Page 4 of 8 Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement CNA75008XX (10-16)Policy No: 6078951385 Page 1 of 1 Effective Date: 9/15/2019-9/15/2020 Insured Name: MARK THOMAS & COMPANY, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organizations with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 55943598 | MARKT-1 | 19-20 Master Certificate | Prabhjot Kaur | 6/11/2020 9:10:26 AM (PDT) | Page 5 of 8 CNA71527XX (Ed. 10/12) CNA71527XX (10/12)Policy No:6078951371 Page 1 of 1 Endorsement No: Effective Date: 09/15/2019-09/15/2020 Insured Name: MARK THOMAS & COMPANY, INC. Copyright CNA All Rights Reserved. ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations “Any person or organization that you are required by written contract to make an additional insured under this insurance is an "insured", but only with respect to that person or organization's legal liability for acts or omissions of a person who qualifies as an "insured" for Liability Coverage under Section II – Who Is An Insured of this Coverage Form.” 1.In conformance with paragraph A.1.c.of Who Is An Insured of Section II – LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. 55943598 | MARKT-1 | 19-20 Master Certificate | Prabhjot Kaur | 6/11/2020 9:10:26 AM (PDT) | Page 6 of 8 POLICY NUMBER:6078951371 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:MARK THOMAS & COMPANY, INC. Endorsement Effective Date:09/15/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. 55943598 | MARKT-1 | 19-20 Master Certificate | Prabhjot Kaur | 6/11/2020 9:10:26 AM (PDT) | Page 7 of 8 G-19160-B (Ed. 11/97) G-19160-B Page 1 of 1 (Ed. 11/97) Insured Name: MARK THOMAS & COMPANY, INC. Policy No: 6078951418 Effective Date: 09/15/2019-09/15/2020 WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One Workers’ Compensation Insurance G. Recovery From Others and Part Two Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. I 55943598 | MARKT-1 | 19-20 Master Certificate | Prabhjot Kaur | 6/11/2020 9:10:26 AM (PDT) | Page 8 of 8 Consulting Services Agreement between [Rev:June 2020] July 22, 2020 City of South San Francisco and Mark Thomas & Company -Exhibit D- Page 1 of 1 EXHIBIT D FORM 590 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-465 Agenda Date:7/22/2020 Version:1 Item #:10. Report regarding a resolution awarding a construction contract to Advanced Chemical Transport,Inc.(DBA ACT Enviro)of San Jose,CA in an amount not to exceed $215,950 for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project (Project No.pf2001),authorizing a total construction budget of $376,950,and authorizing the City Manager to execute the contract. (Angel Torres, Senior Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to Advanced Chemical Transport,Inc.(DBA ACT Enviro)of San Jose,CA in an amount not to exceed $215,950 for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project (Project No. pf2001) and authorizing a total construction budget of $376,950. BACKGROUND/DISCUSSION Pursuant to the terms of the 2018 Agreement between the City and the San Mateo County Harbor District for the operations of the Oyster Point Marina,the City assumed the responsibility for removal of the single-walled fuel tanks buried underground on city-owned property at Oyster Point.The tanks are part of the marina fueling station system.The fueling station infrastructure includes the following components that are no longer in compliance with the Bay Area Air Quality Management District (BAAQMD)and San Mateo County Environment Health Department’s (SMCEHD) Regulatory Permit requirements: ·2 - 10,000-gallon single wall fiberglass underground storage tanks (UST) ·2 - 755-foot long single wall fiberglass underground fuel lines ·2 - steel fuel lines above ground on the floating docks ·2 - fuel dispensers and tank control facilities The adopted Fiscal Year 2020-21 Capital Improvement Program includes a project to remove the underground fuel tanks at Oyster Point (pf2001)since they do not meet current environmental standards.The removal of USTs is regulated by the SMCEHD who implements the UST site closure requirements of the State Regional Water Quality Control Board.The UST site closure requirements include complete removal of the UST’s,fuel lines,and dispensers,and testing of the underlying soils and groundwater to confirm if the UST or fuel lines had been leaking.It may also include the removal of soil that was contaminated because of the leaking facility. In addition,if it is confirmed that the tank was leaking,SMCEHD may require the installation of groundwater monitoring wells after the facilities are removed to determine if additional soil remediation is necessary before the UST site can be deemed officially closed. The location of the UST site at Oyster Point is very challenging given the underlying landfill conditions and the proximity of the underground fuel lines to tidal zone.Given that the City has various redevelopment projects underway at Oyster Point,and given the various challenges presented by the UST site,the SMCEHD will allow the City to perform the closure of the fuel tank site in two phases as follows: City of South San Francisco Printed on 7/16/2020Page 1 of 4 powered by Legistar™ File #:20-465 Agenda Date:7/22/2020 Version:1 Item #:10. Phase 1: UST and Fuel Dispenser Removal Project (Summer 2020) ·Clean and inert all existing fuel lines and fuel tanks. ·Remove the 2 existing 10,000 gallon fuel tanks. ·Remove fuel dispenser from marina docks. ·Cap all fuel lines to temporarily close them in place ·Perform soil sampling at 20 foot intervals along the entire length of the existing fuel lines (approx.755’ in length). Phase 2: Fuel Line Removal Projects (Prior to the end of 2024) ·Remove the above ground fuel lines within the fuel dock floats (with a planned infrastructure replacement project by Harbor District) ·Remove underground fuel lines in Area “A”(see Vicinity Map)adjacent to Harbor Master Road when the City performs an upcoming Capital Improvement Project to import fill material to raise the elevation of the spit area at Harbor Master Rd.This improvement project is being mandated by the Regional Water Quality Control Board given their requirement of maintaining the Oyster Point Landfill. ·Remove the underground fuel lines in Area “B”(see Vicinity Map)with the Kilroy Oyster Point redevelopment project (summer of 2020). ·Remove the underground fuel lines in Area C (see Vicinity Map)with the redevelopment of the project site with an approved Hotel development project. Staff advertised a notice inviting bids for the project on April 22,2020 and again on April 29,2020.On May 13,2020 staff issued Addendum No.01 to extend the bidding period to July 1,2020.On June 10,2020 staff issued Addendum No.02 to update the bid documents to reflect the approved Phase 1 scope of work by the SMCEHD.On June 11,2020 staff issued Addendum No.03 to further clarify the requirements of removing the fuel dispensers.On June 24,2020 staff issued Addendum No.4 to clarify that the UST concrete anchoring systems can remain in place and to clarify the requirements for dewatering the tank pits once the UST’s are removed. On July 1,2020,staff received ten (10)bid responses.The lowest responsible bidder was Advanced Chemical Transport,Inc.(DBA ACT Enviro)of San Jose,CA.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing. Public Works contracts are awarded to the lowest responsible bidder whose bid is responsive to the solicitation (Public Contract Code §20166).To provide a fair and transparent bidding environment,the Bidding Documents clearly stated that the Contract will be awarded based on the lowest Total Base Bid. The following is a summary of all responsive “Written” and “Figure” Total Base Bids received: Total Base Bid Advanced Chemical Transport, Inc. (DBA ACT Enviro) of San Jose, CA $ 215,950.00 Pacific States Environmental Contractors, Inc. of Dublin, CA $ 218,025.00 Aries Construction Corp. of Santa Ana, CA $ 234,515.00 American Integrated Services, Inc. of Wilmington, CA $ 261,091.75 Brannon Corporation of Morgan Hill, CA $ 329,975.00 City of South San Francisco Printed on 7/16/2020Page 2 of 4 powered by Legistar™ File #:20-465 Agenda Date:7/22/2020 Version:1 Item #:10. Engineer’s Estimate:$ 250,000.00 Non Responsive Bids Silicon Valley Demolition, Inc. of Morgan Hill, CA $ 226,650.56 CIC of Cupertino, CA $ 248,270.00 Balch Petroleum Contractors & Builders, Inc. of Milpitas, CA $ 289,383.00 AEI Consultants of Walnut Creek, CA $ 290,000.00 GEMS Environmental Management Services, Inc. of Concord, CA $ 569,213.15 Bids that did not include a bid bond or a signed acknowledgment of all the addendums were deemed non- responsive. The estimated total project cost for the Phase 1 scope of work is as follows: Construction Contract $ 215,950.00 Soil Material Hazardous Waste Testing during Construction $ 53,000.00 Construction Contingency Allowance (25%)$ 54,000.00 Construction Management & Administration Allowance (~25%)$ 54,000.00 Total Estimated Project Cost for Phase 1 $ 376,950.00 The needed soil material hazardous waste testing is a required task separate from the construction work by the lowest bidder.Public Works will call upon one of the on-call environmental testing contractors pre-approved by City Council to perform this work.The construction contingency allowance of 25%is needed in case there are unforeseen site conditions that arise while performing the work.Unforeseen conditions could include issues related to excessive leaking of the fuel tanks or the impacts of excavating within the Oyster Point landfill.The construction management and administration allowance will cover staff costs.There are no Disadvantaged Business Enterprise (DBE) requirements since no federal funds are being utilized on the project. FISCAL IMPACT The adopted Fiscal Year 2020-21 Capital Improvement Program includes an appropriation of $300,000 in General Funds for the Oyster Point Fuel Tank Removal Project (pf2001).Given the estimated total project cost is in the order of $376,950,an additional $76,950 is required for this project.This additional cost will be accommodated through savings in the FY20-21 Public Works operating budget and/or cost savings within the existing Capital Improvement Project budget. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by maintaining and improving infrastructure to serve the public. CONCLUSION Staff recommends awarding a construction contract to Advanced Chemical Transport, Inc. (DBA ACT Enviro) of San Jose, California, in an amount not to exceed $215,950 for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project and authorizing a total construction budget in an amount not to exceed $376,950. City of South San Francisco Printed on 7/16/2020Page 3 of 4 powered by Legistar™ File #:20-465 Agenda Date:7/22/2020 Version:1 Item #:10. Attachments: 1.Vicinity Map 2.Staff Presentation City of South San Francisco Printed on 7/16/2020Page 4 of 4 powered by Legistar™ Vicinity Map Attachment 1 South San Francisco Oyster Point Marina Fuel Tank and Fueling Station Removal Project (pf 2001) July 22, 2020 Attachment 2 AGENDA Proposed Improvements Awarding Guidelines Contractor Bid Results Table Construction Schedule Staff Recommendation 2 Proposed Improvements Fuel Tank and Fuel Dispenser Removal Project Fuel Tank Site 3 Regulated by the San Mateo County Environmental Health Department and the State Regional Water Quality Control Board. Requires: Complete Removal of UST, Fuel Lines, and Dispensers Testing of underlying soil to confirm if facilities were leaking. Possible removal of contaminated soil. Possible installation of groundwater monitoring wells. Proposed Improvements San Mateo County Environmental Health Department will allow the City to perform the project in two phases as follows: Fuel Dispenser on Docks 4 Phase 1: UST and Fuel Dispenser Removal Project (summer 2020) Phase 2: Fuel Line Removal Projects (prior to the end of 2024) Proposed Improvements Vicinity Map 5 •Clean and inert all existing fuel lines and fuel tanks. •Remove the 2 existing 10,000 gallon fuel tanks. •Remove fuel dispenser from marina docks. •Cap all fuel lines to temporarily close them in place •Perform soil sampling at 20 foot intervals along the entire length of the existing fuel lines (approx. 755’ in length). Phase 1, UST and Fuel Dispenser Removal Project Qualifications VS Low Bid 6 Design –Engineering Consultant Selection Consultant is procured through a qualifications based selection Construction –Contractor Selection Contracts are awarded to the lowest Responsive Responsible bidder Contractor Total Base Bids 7 Responsive Bids Received (5 Total) Engineer's Estimate 1 Advanced Chemical Transport, Inc. (DBA ACT Enviro) of San Jose, CA 2 Pacific States Environmental Contractors, Inc. of Dublin, CA 3 Aries Construction Corp. of Santa Ana, CA 4 American Integrated Services, Inc. of Wilmington, CA 5 Brannon Corporation of Morgan Hill, CA TOTAL BASE BID Project award to lowest Total Base Bid $250,000 $215,950.00 $218,025.00 $234,515.00 $261,091.75 $329,975.00 Non-Responsive Bids Received (5 Total) Silicon Valley Demolition, Inc. of Morgan Hill, CA CIC of Cupertino, CA Balch Petroleum Contractors & Builders, Inc. of Milpitas, CA AEI Consultants of Walnut Creek, CA GEMS Environmental Management Services, Inc. of Concord, CA Construction Schedule 8 Construction Duration –35 Working Days Early Start:August 2020 Early Completion:October 2020 Staff Recommendation 9 City Council adopt a resolution that: Awards a construction contract to Advanced Chemical Transport, Inc. (DBA ACT Enviro) of San Jose, California, in an amount not to exceed $215,950. Authorizes a total construction budget in an amount not to exceed $376,950. 10 Questions? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-467 Agenda Date:7/22/2020 Version:1 Item #:10a. Resolution awarding a construction contract to Advanced Chemical Transport,Inc.(DBA ACT Enviro)of San Jose,CA in an amount not to exceed $215,950 for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project (Project No.pf2001),authorizing a total construction budget of $376,950,and authorizing the City Manager to execute the contract. WHEREAS,pursuant to the terms of the 2018 Agreement between the City and the San Mateo County Harbor District for the operations of the Oyster Point Marina,the City assumes sole and complete responsibility for the operation and maintenance of the existing Fueling Infrastructure at the Marina; and WHEREAS,the City may choose to operate and maintain the fueling station infrastructure but is under no obligation to do so and may instead choose to take whatever action it deems appropriate to limit and/or cease operation and maintenance of the Fueling Station Infrastructure as consistent with applicable law; and WHEREAS,the fueling station infrastructure includes the facilities that are no longer in compliance with the Bay Area Air Quality Management District (BAAQMD)and San Mateo County Environment Health Department’s (SMCEHD) Regulatory Permit requirements; and WHEREAS,the adopted Fiscal Year 2020-21 Capital Improvement Program includes a project to remove the underground fuel tanks at Oyster Point (pf2001) since they are no longer necessary; and WHEREAS,the removal of Underground Storage Tanks (UST)s is regulated by the SMCEHD who implements the UST site closure requirements of the State Regional Water Quality Control Board; and WHEREAS,given that the City has various redevelopment projects underway at Oyster Point,and given the various challenges presented by the project site,the SMCEHD will allow the City to perform the closure of the fuel tank site in two phases that includes a Fuel Tank and Fuel Dispenser Removal Project as Phase 1 and a Fuel Line removal project as Phase 2; and WHEREAS,Staff advertised a notice inviting bids for the project on April 22,2020 and again on April 29, 2020; and WHEREAS, on July 1, 2020, staff received ten (10) bid responses; and WHEREAS, the construction contract is to be awarded based on the lowest responsive Total Base Bid; and WHEREAS,the lowest responsible bidder was Advanced Chemical Transport,Inc.(DBA ACT Enviro)of San Jose, CA, in the amount of $215,950; and City of South San Francisco Printed on 12/15/2020Page 1 of 2 powered by Legistar™ File #:20-467 Agenda Date:7/22/2020 Version:1 Item #:10a. WHEREAS,Staff has verified Advanced Chemical Transport,Inc.(DBA ACT Enviro)current contractor’s license with the California State Licensing Board and found it to be in good standing; and WHEREAS,the total project cost including the Project Management,Construction Contract,Soil Material Hazardous Waste Testing,Construction Management,and a 25%Construction Contingency Allowance is estimated to be $376,950; and WHEREAS,the adopted Fiscal Year 2020-21 Capital Improvement Program includes sufficient funds to provide for the construction of this project. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A and incorporated herein,for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project (pf2001)to Advanced Chemical Transport,Inc.(DBA ACT Enviro)of San Jose,CA,in an amount not to exceed $215,950 conditioned on their timely execution of the Project contract and submission of all required documents, including but not limited to,certificates of insurance and endorsement,in accordance with the Project documents; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract in substantially the same form as Exhibit A,and any other related documents on behalf of the City upon timely submission by Advanced Chemical Transport,Inc.(DBA ACT Enviro)of the signed contract and all other documents, subject to approval by the City Attorney; 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. ***** City of South San Francisco Printed on 12/15/2020Page 2 of 2 powered by Legistar™ Page A-1 of 12 EXHIBIT A AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and Advanced Chemical Transport, Inc. (DBA ACT Enviro)., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on July 22, 2020, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the OYSTER POINT MARINA FUEL TANK AND FULEING STATION REMOVAL, PROJECT NO. pf 2001, BID NO. 2643; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Part I – Submitted Proposal (as accepted) 1. 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Page A-2 of 9 (C) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D) Part II – General Conditions (E) Part III - Special Provisions (F) Part IV– Summary of Bid Specifications From Ninyo and Moore dated April 7, 2020 (G) The State Standard Specifications dated 2018 and The Revised Standard Specifications dated April 19, 2019 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: OYSTER POINT MARINA FUEL TANK AND FULEING STATION REMOVAL, PROJECT NO. pf 2001, BID NO. 2643 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of TWO HUNDRED AND FIFTEEN THOUSAND NINE HUNDRED AND FIFTY DOLLARS ($215,950.00). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Beginning of Work and Time of Completion a) The City will issue a Limited Notice to Proceed (LNTP) within 15 calendar days after the contract has been executed by the City. b) The CONTRACTOR shall begin work within seven (7) calendar days from the issuance of the LNTP and shall diligently prosecute all of the work under this Contract in all parts and requirements as defined Page A-3 of 9 in the Contract Documents. The Contractor shall complete all work under the Contract Documents within 35 working days of the effective date of the LNTP. 6. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. 7. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment f or the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 8. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: Page A-4 of 9 (A) The City will issue the Contractor a written notice signed by the Engineer , specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that th eir contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and no t yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX -2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. Page A-5 of 9 (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be ter minated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as ma y have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contrac t been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with Page A-6 of 9 all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 9. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 10. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees ha rmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such Page A-7 of 9 insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced Page A-8 of 9 or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insuranc e shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 12. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self -insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self - insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self -insured retention and also must disclose the deductible. 13. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 14. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Page A-9 of 9 Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 15. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of nine (9) pages (being pages A-1 through A-9), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-477 Agenda Date:7/22/2020 Version:1 Item #:11. Report regarding adoption of a resolution related to Assembly Bill 2054 and Senate Bill 902 and authorizing the Mayor to send letters reflecting the City’s positions to the state legislature.(Christina Fernandez,Assistant to the City Manager) RECOMMENDATION It is recommended that City Council adopt a resolution indicating the City’s positions on Assembly Bill 2054 and Senate Bill 902 and authorize the Mayor to send letters reflecting the City’s positions to the state legislature. BACKGROUND/DISCUSSION AB 2054 (Kamlager) - Staff Recommendation: Support Many law enforcement officers serve as the means of transport to an emergency room,jail,or psychiatric facility,but police are not mental health or crisis counselors.There are significant costs associated with officers as first responders for mental health crisis and for instances of intimate partner violence,among other situations that arise in communities. AB 2054 authored by Assemblymember Sydney Kamlager (D-54),establishes the CRISIS Act pilot grant program,which promotes community based responses to local emergency situations,including,but not limited to: ·Public Health Crisis ·People Experiencing Homelessness ·Mental Health Crisis ·Intimate Partner Violence ·Community Violence ·Substance Use ·Natural Disasters AB 2054 provides a policy framework and budget request to build capacity and make grants for community organizations to support emergency response.The grant program costs approximately $540,000 for the Governor’s Office of Emergency Services to administer in the first year and $150,000 to administer in years two and three. The costs to the State’s general fund is estimated at $16 million. SB 902 (Wiener) - Staff Recommendation: Oppose Senate Bill 902 would authorize a local government to pass an ordinance to zone any parcel up to 10 residential units at a height specified by the local government in the ordinance if the parcel is located in a transit-rich area, jobs-rich area,or an urban infill site.SB 902 requires the Department of Housing and Community Development to determine jobs-rich areas and to publish maps of those areas commencing January 1,2022.Projects adopted City of South San Francisco Printed on 7/16/2020Page 1 of 4 powered by Legistar™ File #:20-477 Agenda Date:7/22/2020 Version:1 Item #:11. to determine jobs-rich areas and to publish maps of those areas commencing January 1,2022.Projects adopted under this ordinance would not be subject to the California Environmental Quality Act (CEQA). This bill: 1)Defines “transit rich area” as a parcel within one-half mile of a major transit stop or a parcel on a high quality bus corridor. Defines “high-quality bus corridor” as a corridor with a fixed-route bus service that meets specified service interval times. 2)Defines “jobs-rich area” as an area defined by the Department of Housing and Community Development (HCD), in consultation with the Office of Planning and Research (OPR) that is high opportunity and either jobs rich or would enable shorter commuter distances based upon whether, in a regional analysis, the tract meets both of the following: a)The tract is high opportunity, meaning its characteristics are associated with positive educational and economic outcomes for households of all income levels. b)The tract meets either of the following criteria: i)New housing sited on the tract would enable residents to live near more jobs than is typical for tracts in the region. ii)New housing sited in the tract would enable shorter commute distances for residents, relative to existing commute patters for jobs-housing fit. 3)Requires HCD, beginning January 1, 2022, to publish and update, every five years thereafter a map showing “jobs-rich areas” as described in 2) above. 4)Defines “urban infill” site as a site that satisfies all of the following: a)A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, or for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster. b)A site in which at least 75% of the perimeter of the site adjoins parcels that are developed with urban uses. c)A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential sues, with at least 2/3 of the square footage of the development designated for residential use. 5)Permits a local government to pass an ordinance, notwithstanding any local restrictions on zoning ordinances, to zone any parcel up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in one of the following: a)Transit-rich area; b)Jobs-rich area; c)Urban infill site. 6)Specifies that ordinances consistent with (5) above is not a project for purposes of CEQA. According to Senator Wiener, “SB 902 is a balanced approach to California’s housing crisis that provides cities with a powerful new streamlining tool,if they choose to take advantage of it,for increasing density in non-sprawl areas to as many as 10 housing units per parcel.By allowing rezoning to occur in a sensible and streamlined way,SB 902 will City of South San Francisco Printed on 7/16/2020Page 2 of 4 powered by Legistar™ File #:20-477 Agenda Date:7/22/2020 Version:1 Item #:11. as 10 housing units per parcel.By allowing rezoning to occur in a sensible and streamlined way,SB 902 will help ease California’s housing crisis,spurred by a statewide shortage of 3.5 million homes and California ranking 49 out of 50 states in homes per capita.Given that cities face significantly increased housing production goals under the revised Regional Housing Needs Assessment and are required by the state Housing Element Law to complete rezonings to accommodate these goals,SB 902 is a timely and powerful new tool for cities to use in their comprehensive planning efforts.” Critics of SB 902 are opposed to removing community driven planning processes and stakeholder involvement. Some are opposed to upzoning single-family neighborhoods and are concerned about the lack of affordable housing requirements.Several labor groups request worker protections and training standards that include both prevailing wage coverage and skilled and trained workforce requirements so that any unintended consequence that exploits the workforce that will build the housing under this bill is not created.The League of California Cities have adopted a “watch” position. The bill as originally introduced was very prescriptive mandating local cities allow four to eight unit buildings in transit and jobs rich areas dependent on the city’s population size. The most stringent directives have been amended out, however, the bill still erodes local control by allowing state agencies the ability to determine jobs- rich, transit-rich, and urban infill areas. An ordinance passed under SB 902 would override any restrictive local zoning ordinances that limit the ability to adopt zoning ordinances. In addition, there is no provision for affordable housing nor is there any mention of prevailing wage. Other local governments who have adopted formal oppose positions include: City of Dublin City of Livermore City of Newport Beach City of Pleasanton City of Redondo Beach City of San Ramon City of Thousand Oaks Town of Danville FISCAL IMPACT There is no known fiscal impact to the City. RELATIONSHIP TO STRATEGIC PLAN Support of AB 2054 and opposition SB 902 meet the strategic goals of providing a diverse and high quality of life for our residents. CONCLUSION It is recommended that City Council adopt positions on Assembly Bill 2054 and Senate Bill 902 and authorize the Mayor to send letters reflecting the City’s positions to the state legislature. Attachments: City of South San Francisco Printed on 7/16/2020Page 3 of 4 powered by Legistar™ File #:20-477 Agenda Date:7/22/2020 Version:1 Item #:11. 1.Assembly Bill 2054 Bill Text 2.Senate Bill 902 Bill Text City of South San Francisco Printed on 7/16/2020Page 4 of 4 powered by Legistar™ AMENDED IN SENATE JULY 8, 2020 AMENDED IN ASSEMBLY JUNE 4, 2020 AMENDED IN ASSEMBLY MARCH 9, 2020 california legislature—2019–20 regular session ASSEMBLY BILL No. 2054 Introduced by Assembly Member Kamlager (Coauthor: Assembly Member Gonzalez) (Principal coauthors: Assembly Members Bonta and Quirk-Silva) (Coauthors: Assembly Members Aguiar-Curry, Chiu, Eggman, Friedman, Gonzalez, Lackey, Quirk, Reyes, Robert Rivas, Mark Stone, and Wicks) (Coauthors: Senators Dodd and Durazo) February 3, 2020 An act to add and repeal Article 8.5 (commencing with Section 8601) of Chapter 7 of Division 1 of Title 2 of the Government Code, relating to emergency services. legislative counsel’s digest AB 2054, as amended, Kamlager. Emergency services: community response: grant program. Existing law creates the Office of Emergency Services within the office of the Governor. The office is responsible for the state’s emergency and disaster response services for natural, technological, or man-made disasters and emergencies. Existing law requires the office to establish by rule and regulation various classes of disaster service workers, the scope of the duties of each class, and to adopt rules and regulations for the registration of each class of these workers. Existing law requires the office to work with advocacy groups representing the 96 deaf and hard of hearing for the purpose of improving accessibility to emergency information and services for the populations that they serve. Existing law requires the office to develop a plan for state and local utilization of volunteers during a state of emergency. This bill would, until January 1, 2024, enact the Community Response Initiative to Strengthen Emergency Systems Act or the C.R.I.S.E.S. Act for the purpose of creating, implementing, and evaluating the C.R.I.S.E.S. Act Grant Pilot Program, which the act would establish. The bill would require the Office of Emergency Services to establish rules and regulations for the act with the goal of making grants to community organizations, over 3 years, for the purpose of expanding the participation of community organizations in emergency response for specified vulnerable populations. The bill would prohibit more than a total of 12 grants being distributed. The bill would require that grantees receive a minimum award of $250,000 per year. The bill would require a community organization receiving funds pursuant to the program to use the grant to stimulate and support involvement in emergency response activities, activities that do not require a law enforcement officer, as specified. The bill would require the director of the office to assemble staff and resources to carry out certain duties in support of the program. The bill would require the office to support an 11-member C.R.I.S.E.S. Advisory Committee, selected by the Governor, the Chair of the Senate Rules Committee, and the Speaker of the Assembly, as specified, to be inclusive of community organizations with a proven history of leadership and partnership on emergency response. The committee would establish grant application criteria and parameters for eligible community organizations, review and decide upon grant proposals, ensure grants are adhering to standards, and make recommendations to the office, among other things. The bill would establish the Community Response Initiative to Strengthen Emergency Systems Act Fund in the State Treasury in support of the program, to be administered by the director. The bill would require that the act be implemented only if appropriate funding is made available to the office, which would make a determination to this effect, to be published on its internet website. The bill would provide that if the appropriation was not made, the office would bear no responsibility for implementing the act. The bill would make findings and declarations in regard to innovative approaches to emergency responses. 96 — 2 — AB 2054 Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. This act shall be known, and may be cited, as the line 2 Community Response Initiative to Strengthen Emergency Systems line 3 Act or the C.R.I.S.E.S. Act. line 4 SEC. 2. The Legislature finds and declares all of the following: line 5 (a)  The complexities of emergency issues surrounding crises in line 6 mental health, intimate partner violence, community violence, line 7 substance abuse, and natural disasters can, at times, be addressed line 8 more safely, with greater impact, and more cost-effectively and line 9 efficiently with community organizations, which often have deeper line 10 knowledge and understanding of the issues, trusted relationships line 11 with the people and communities involved, and specific knowledge line 12 and relationships surrounding the emergency. line 13 (b)  Furthermore, young people of color, people with disabilities, line 14 people who are gender nonconforming, people who are formerly line 15 incarcerated, people with immigration status issues, and people line 16 who are unhoused or homeless, face significant barriers to engaging line 17 with law enforcement and other first responder personnel. Data line 18 demonstrates that these populations often do not reach out for line 19 needed help when dealing with crises in their communities because line 20 of their fear and challenges with engaging law enforcement, which line 21 puts lives and families at risk for continued harm and trauma. line 22 Community organizations that specialize in working with these line 23 populations, understanding their issues, and maintaining deep line 24 relationships in their communities have a more successful track line 25 record of engaging and supporting them. line 26 (c)  Philanthropic and community organizations in cities and line 27 counties throughout the state have recognized the need to expand line 28 innovative approaches to emergencies and have created programs line 29 to do so. line 30 (c)  Elected officials and philanthropic and community line 31 organizations have recognized the need to create alternatives to line 32 law enforcement and expand innovative approaches to emergencies line 33 and have established programs to do so in school districts, cities, line 34 and counties throughout the state. 96 AB 2054 — 3 — line 1 (d)  These alternative approaches have strengthened the response line 2 to emergencies in places throughout the state by deepening impact, line 3 preventing violence, deescalating volatile situations, protecting line 4 property and the environment, reducing law enforcement use of line 5 force, and ensuring the health and safety of communities while, line 6 at the same time, saving money by decreasing calls for service and line 7 the sole reliance upon first responders for emergency situations. line 8 (e)  Despite the innovative approaches led by community line 9 organizations, the state does not have a policy, a set of protocols, line 10 or dedicated funding to support community organizations’ line 11 involvement in addressing emergencies. line 12 (f)  This act seeks to remedy those issues by articulating a policy line 13 framework and budget request to support innovative approaches line 14 to build capacity in, and to make grants for, community line 15 organizations to support emergency response. line 16 SEC. 3. Article 8.5 (commencing with Section 8601) is added line 17 to Chapter 7 of Division 1 of Title 2 of the Government Code, to line 18 read: line 19 line 20 Article 8.5. Community Response Initiative to Strengthen line 21 Emergency Systems Act line 22 line 23 8601. (a)  The Community Response Initiative to Strengthen line 24 Emergency Systems Act or the C.R.I.S.E.S. Act is hereby line 25 established, as a three-year program, for the purposes of creating, line 26 implementing, and evaluating the C.R.I.S.E.S. Act Grant Pilot line 27 Program in accordance with this article. line 28 (b)  For purposes of this article: line 29 (1)  “Act” means the Community Response Initiative to line 30 Strengthen Emergency Systems Act or the C.R.I.S.E.S. Act. line 31 (2)  “Committee” means the C.R.I.S.E.S. Advisory Committee, line 32 as described in Section 8602. line 33 (3)  “Community organization” means a public or private line 34 nonprofit organization, or organization fiscally sponsored by a line 35 nonprofit, of demonstrated effectiveness that is representative of line 36 significant segments of a community and provides educational, line 37 direct, or related services to individuals in the community. line 38 (4)  “Director” means the Director of Emergency Services. line 39 (5)  “Law enforcement agency” means any police department, line 40 sheriff ’s department, district attorney, county probation 96 — 4 — AB 2054 line 1 department, transit agency police department, school district police line 2 department, highway patrol, the police department of any campus line 3 of the University of California, the California State University, or line 4 a community college, the Department of the California Highway line 5 Patrol, and the Department of Justice. line 6 (6)  “Law enforcement officer” means an officer, deputy, line 7 employee, or agent of a law enforcement agency. line 8 (5) line 9 (7)  “Office” means the Office of Emergency Services. line 10 (6) line 11 (8)  “Program” means the C.R.I.S.E.S. Act Grant Pilot Program. line 12 (c)  The C.R.I.S.E.S. Act Grant Pilot Program is hereby line 13 established. The office shall establish rules and regulations for the line 14 act with the goal of making grants to community organizations. line 15 No more than 12 grants in total shall be distributed. The program line 16 shall expand the participation of community organizations in line 17 emergency response for vulnerable populations, Grantees shall line 18 receive a minimum award of two hundred fifty thousand dollars line 19 ($250,000) per year. The program shall create and strengthen line 20 community-based alternatives to law enforcement in response to line 21 crisis situations not related to a fire department or emergency line 22 medical service response in communities where there is a history line 23 and pattern of racial profiling, law enforcement violence, gaps in line 24 law enforcement service, or where vulnerable populations live, line 25 including people of color, elderly people, people with disabilities, line 26 people who are gender nonconforming, people who are likely to line 27 face disproportionate police contact, people who are formerly line 28 incarcerated, people with immigration status issues, people who line 29 are unhoused, people facing mental health crises, people involved line 30 in intimate partner violence, vulnerable youth, people likely to be line 31 engaged in community violence, people challenged by substance line 32 abuse, and people living in areas that are environmentally insecure line 33 with vulnerable populations and subject to natural or climate line 34 disasters or public health emergencies. line 35 (d)  A community organization receiving assistance pursuant to line 36 the program shall use the grant to stimulate and support line 37 involvement in emergency response activities, activities that do line 38 not require a law enforcement officer, for activities including, but line 39 not limited to, all of the following: line 40 (1)  Project planning and community engagement. 96 AB 2054 — 5 — line 1 (2)  Project implementation. line 2 (3)  Staffing, subject to the requirement that grantees adhere to line 3 all applicable laws relating to scope of practice, licensure, and line 4 certification. line 5 (4)  Facilities, subject to the requirement that the facility is to line 6 be utilized by the grantee, which may extend beyond the term of line 7 the program. line 8 (5)  Operational costs, including, but not limited to, startup or line 9 expansion, marketing, language translation, and transportation line 10 costs. line 11 (6)  Consulting services. line 12 (7)  Training. line 13 (8)  Program and project evaluation, including, but not limited line 14 to, evaluation of program and project efficacy, staff performance, line 15 and service delivery. line 16 (e)  The director shall assemble staff, resources, and, if necessary, line 17 engage consultants with technical expertise, to carry out the line 18 following duties and responsibilities: line 19 (1)  Following appointment of the advisory committee, provide line 20 organizing, staffing, and facilitation support, including, but not line 21 limited to, outreach and engagement, cooperatively creating line 22 meeting agendas, providing recordkeeping and facilitation support, line 23 reimbursements for travel and participation in advisory committee line 24 meetings and activities, and detailed information on rules, line 25 regulations, and relevant deadlines. line 26 (2)  With the guidance of the advisory committee, develop the line 27 program, with grants to be issued no later than January 1, 2022. line 28 (3)  Provide technical assistance to prospective applicants, solicit line 29 and review all grant proposals, and support the advisory line 30 committee’s review and scoring of proposals, as well as preparing line 31 proposals for final approval by the advisory committee. line 32 (4)  Publish and maintain an internet website to report details line 33 relevant to the advisory committee for the public to view, including, line 34 but not limited to, advisory committee meeting agendas, minutes, line 35 vote counts, committee member information, photos, and video. line 36 (5)  Consult with local emergency services personnel and line 37 community-based or grassroots organizations for input and line 38 potential approaches on issues related to emergency response. line 39 (6)  Assist the advisory committee in carrying out its work and line 40 perform other duties as directed by the advisory committee. 96 — 6 — AB 2054 line 1 (7)  Seek funding and material contributions from foundations, line 2 nonprofit organizations, public and private entities, and other line 3 individuals or groups in order to carry out the work of the pilot line 4 grant program. line 5 (f)  (1)  The office shall issue a public report, to be posted on its line 6 internet website six months following the end of the program, on line 7 the programmatic and fiscal savings associated with the program, line 8 key conclusions, populations served and the benefits conferred or line 9 realized, and resulting policy recommendations to provide guidance line 10 to the Legislature and Governor in fully implementing and scaling line 11 a permanent program. line 12 (2)  The report required by this subdivision shall be submitted line 13 in compliance with Section 9795. line 14 8602. (a)  The office shall support an 11-member C.R.I.S.E.S. line 15 Advisory Committee, selected pursuant to subdivision (b), that line 16 shall be inclusive of community organizations with a proven history line 17 of leadership and partnership on emergency response, for the line 18 three-year period of the program. line 19 (b)  The committee shall be selected by the Governor, Chair of line 20 the Senate Committee on Rules, and Speaker of the Assembly as line 21 described in this subdivision. Racial, gender, and ethnic diversity, line 22 and representation of communities described in subdivision (c) of line 23 Section 8601, shall be considered for all appointments. The line 24 members shall serve at the pleasure of the appointing entities. line 25 (1)  The Governor shall select: line 26 (A)  An emergency medical system professional. line 27 (B)  A survivor of an emergency or crisis. line 28 (C)  A representative from a community organization providing line 29 direct services to vulnerable populations. line 30 (D)  A public health professional. line 31 (E)  A representative of an advocacy or community organizing line 32 group serving vulnerable communities. line 33 (2)  The Chair of Senate Committee on Rules shall select: line 34 (A)  A survivor of an emergency or crisis. line 35 (B)  A representative from a community organization. line 36 (C)  A representative of an advocacy or community organizing line 37 group serving vulnerable communities. line 38 (3)  The Speaker of the Assembly shall select: line 39 (A)  A survivor of an emergency or crisis. 96 AB 2054 — 7 — line 1 (B)  A representative from a community organization providing line 2 direct services to vulnerable populations. line 3 (C)  A public health professional. line 4 (c)  (1)  The advisory committee shall establish grant application line 5 criteria and parameters for eligible community organizations, line 6 review and decide upon grant proposals, ensure grants are adhering line 7 to standards, and monitor progress, conclusions, and challenges. line 8 The committee shall make recommendations to the office on line 9 program development, implementation, and oversight on an line 10 ongoing basis. Scoring of grant proposals shall prioritize, and give line 11 preference to, projects in locations with a demonstrated need, as line 12 evidenced by metrics such as a high record of police use of force, line 13 a high volume of civilian complaints, and racial profiling, and line 14 community organizations that have a history of serving the line 15 populations described in subdivision (c) of Section 8601. line 16 (2)  After an initial meeting, the committee shall meet a minimum line 17 of once per quarter. A majority of the appointed advisory line 18 committee shall constitute a quorum. Committee meetings shall line 19 be held in accordance with the Bagley-Keene Open Meeting Act line 20 (Article 9 (commencing with Section 11120) of Chapter 1 of Part line 21 1 of Division 3). line 22 8603. (a)  The Community Response Initiative to Strengthen line 23 Emergency Systems Act Fund is hereby created in the State line 24 Treasury in support of the program that shall be administered by line 25 the director. Moneys deposited in the account, both public and line 26 private, upon appropriation by the Legislature, may be expended line 27 by the office for the purposes of this article. line 28 (b)  This article shall be implemented only if appropriate funding line 29 is made available to the office. Upon finding that appropriate line 30 funding has been made available to implement the article, the line 31 office shall publish a notice stating this on its internet website. If line 32 the appropriation is not made, the office bears no responsibility line 33 for implementation of this article. line 34 8604. This article shall remain in effect only until January 1, line 35 2024, and as of that date is repealed, unless a later enacted statute line 36 that is enacted before January 1, 2024, deletes or extends that date. O 96 — 8 — AB 2054 AMENDED IN SENATE MAY 21, 2020 AMENDED IN SENATE MARCH 9, 2020 SENATE BILL No. 902 Introduced by Senator Wiener (Principal coauthor: Senator Atkins) January 30, 2020 An act to add Section 65913.3 to the Government Code, relating to land use. legislative counsel’s digest SB 902, as amended, Wiener. Planning and zoning: neighborhood multifamily project: use by right: housing development: density. The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. Existing law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that satisfies specified planning objective standards to be subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. 97 This bill would provide that a neighborhood multifamily project is a use by right in zones where residential uses are permitted if the project is not located in a very high fire severity zone, does not demolish sound rental housing or housing that has been placed on a national or state historic register, follows specified local objective criteria, and meets specified density requirements. The bill would define use by right to mean that the local government’s review of the housing development may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of the California Environmental Quality Act (CEQA). This bill would additionally authorize a local government to pass an ordinance ordinance, notwithstanding any local restrictions on adopting zoning ordinances, to zone any parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in a transit-rich area, a jobs-rich area, or an urban infill site. site, as those terms are defined. In this regard, the bill would require the Department of Housing and Community Development, in consultation with the Office of Planning and Research, to determine jobs-rich areas and publish a map of those areas every 5 years, commencing January 1, 2022, based on specified criteria. The bill would specify that an ordinance adopted under these provisions is not a project for purposes of CEQA. the California Environmental Quality Act. CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. By requiring local planning officials to approve housing developments as a use by right under certain circumstances, this bill would expand the above-described exemption from CEQA for the ministerial approval of projects. 97 — 2 — SB 902 By adding to the duties of local planning officials, this bill would impose a state-mandated local program. This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes no.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 65913.3 is added to the Government line 2 Code, to read: line 3 65913.3. (a)  A neighborhood multifamily project shall be a line 4 use by right in zones where residential uses are permitted, if the line 5 proposed housing development satisfies all of the following line 6 requirements: line 7 (1)  The project is not located in a very high fire hazard severity line 8 zone. line 9 (2)  The project does not demolish sound rental housing or line 10 housing that has been placed on a national or state historic register. line 11 (3)  The project follows all local objective criteria related to local line 12 impact fees, local height and setback limits, and local demolition line 13 standards. line 14 (4)  The project meets, and does not exceed, one of the following line 15 densities: line 16 (A)  Two residential units per parcel in unincorporated areas or line 17 in cities with a population of 10,000 or fewer people. line 18 (B)  Three residential units per parcel in cities with a population line 19 between 10,000 and 50,000 people. line 20 (C)  Four residential units per parcel in cities with a population line 21 of 50,000 or more people. line 22 (b) line 23 65913.3. (a)  (1)  A local government may pass an ordinance, line 24 notwithstanding any local restrictions on adopting zoning line 25 ordinances enacted by the jurisdiction, including restrictions 97 SB 902 — 3 — line 1 enacted by a local voter initiative, that limit the legislative body’s line 2 ability to adopt zoning ordinances, to zone any parcel for up to 10 line 3 units of residential density per parcel, at a height specified by the line 4 local government in the ordinance, if the parcel is located in one line 5 of the following: line 6 (A)  A transit-rich area. line 7 (B)  A jobs-rich area. line 8 (C)  An urban infill site. line 9 (2)  An ordinance adopted in accordance with this subdivision line 10 shall not constitute a “project” for purposes of Division 13 line 11 (commencing with Section 21000) of the Public Resources Code. line 12 (c) line 13 (b)  For purposes of this section: line 14 (1)  “High-quality bus corridor” means a corridor with fixed line 15 route bus service that meets all of the following criteria: line 16 (A)  It has average service intervals of no more than 15 minutes line 17 during the three peak hours between 6 a.m. to 10 a.m., inclusive, line 18 and the three peak hours between 3 p.m. and 7 p.m., inclusive, on line 19 Monday through Friday. line 20 (B)  It has average service intervals of no more than 20 minutes line 21 during the hours of 6 a.m. to 10 a.m., inclusive, on Monday through line 22 Friday. line 23 (C)  It has average intervals of no more than 30 minutes during line 24 the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday. line 25 (2)  (A)  “Jobs-rich area” means an area identified by the line 26 Department of Housing and Community Development in line 27 consultation with the Office of Planning and Research that is high line 28 opportunity and either is jobs rich or would enable shorter commute line 29 distances based on whether, in a regional analysis, the tract meets line 30 both of the following: line 31 (i)  The tract is high opportunity, meaning its characteristics are line 32 associated with positive educational and economic outcomes for line 33 households of all income levels residing in the tract. line 34 (ii)  The tract meets either of the following criteria: line 35 (iii)  New housing sited in the tract would enable residents to line 36 live near more jobs than is typical for tracts in the region. line 37 (iv)  New housing sited in the tract would enable shorter line 38 commute distances for residents, relative to existing commute line 39 patterns and jobs-housing fit. 97 — 4 — SB 902 line 1 (B)  The Department of Housing and Community Development line 2 shall, commencing on January 1, 2022, publish and update, every line 3 five years thereafter, a map of the state showing the areas identified line 4 by the department as “jobs-rich areas.” line 5 (3)  (A)  “Sound rental housing” means any of the following: line 6 (i)  Housing that is subject to a recorded covenant, ordinance, line 7 or law that restricts rents to levels affordable to persons and line 8 families of moderate, low, or very low income. line 9 (ii)  Housing that is subject to any form of rent or price control line 10 through a public entity’s valid exercise of its police power. line 11 (iii)  (I)  Housing occupied by tenants within the seven years line 12 preceding the date of the application, including housing that has line 13 been demolished or that tenants have vacated before the application line 14 for a development permit. line 15 (II)  For purposes of this clause, “tenant” means a person who line 16 does not own the property where they reside, including residential line 17 situations that are any of the following: line 18 (ia)  Residential real property rented by the person under a line 19 long-term lease. line 20 (ib)  A single-room occupancy unit. line 21 (ic)  An accessory dwelling unit that is not subject to, or does line 22 not have a valid permit in accordance with, an ordinance adopted line 23 by a local agency pursuant to Section 65852.2. line 24 (id)  A residential motel. line 25 (ie)  A mobilehome park, as governed under the Mobilehome line 26 Residency Law (Chapter 2.5 (commencing with Section 798) of line 27 Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational line 28 Vehicle Park Occupancy Law (Chapter 2.6 (commencing with line 29 Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), line 30 the Mobilehome Parks Act (Part 2.1 (commencing with Section line 31 18200) of Division 13 of the Health and Safety Code), or the line 32 Special Occupancy Parks Act (Part 2.3 (commencing with Section line 33 18860) of Division 13 of the Health and Safety Code). line 34 (if)  Any other type of residential property that is not owned by line 35 the person or a member of the person’s household, for which the line 36 person or a member of the person’s household provides payments line 37 on a regular schedule in exchange for the right to occupy the line 38 residential property. line 39 (iv)  A parcel or parcels on which an owner of residential real line 40 property has exercised their rights under Chapter 12.75 97 SB 902 — 5 — line 1 (commencing with Section 7060) of Division 7 of Title 1 to line 2 withdraw accommodations from rent or lease within 15 years line 3 before the date that the development proponent submits an line 4 application pursuant to a streamlined, ministerial approval process. line 5 (B)  “Sound rental housing” shall not mean housing that the local line 6 agency has deemed uninhabitable due to fire, flood, earthquake, line 7 or other natural disaster. line 8 (4) line 9 (3)  “Transit-rich area” means a parcel within one-half mile of line 10 a major transit stop, as defined in Section 21064.3 of the Public line 11 Resources Code, or a parcel on a high-quality bus corridor. line 12 (5) line 13 (4)  “Urban infill site” means a site that satisfies all of the line 14 following: line 15 (A)  A site that is a legal parcel or parcels located in a city if, line 16 and only if, the city boundaries include some portion of either an line 17 urbanized area or urban cluster, as designated by the United States line 18 Census Bureau, or, for unincorporated areas, a legal parcel or line 19 parcels wholly within the boundaries of an urbanized area or urban line 20 cluster, as designated by the United States Census Bureau. line 21 (B)  A site in which at least 75 percent of the perimeter of the line 22 site adjoins parcels that are developed with urban uses. For the line 23 purposes of this section, parcels that are only separated by a street line 24 or highway shall be considered to be adjoined. line 25 (C)  A site that is zoned for residential use or residential line 26 mixed-use development, or has a general plan designation that line 27 allows residential use or a mix of residential and nonresidential line 28 uses, with at least two-thirds of the square footage of the line 29 development designated for residential use. line 30 (6)  (A)  “Use by right” means that the local government’s review line 31 of the housing development may not require a conditional use line 32 permit, planned unit development permit, or other discretionary line 33 local government review or approval that would constitute a line 34 “project” for purposes of Division 13 (commencing with Section line 35 21000) of the Public Resources Code. Any subdivision of the sites line 36 shall be subject to all laws, including, but not limited to, the local line 37 government ordinance implementing the Subdivision Map Act line 38 (Division 2 (commencing with Section 66410)). line 39 (B)  A local ordinance may provide that “use by right” does not line 40 exempt the housing development from design review. However, 97 — 6 — SB 902 line 1 that design review shall not constitute a “project” for purposes of line 2 Division 13 (commencing with Section 21000) of the Public line 3 Resources Code. line 4 (7)  “Very high fire hazard severity zone” means a very high line 5 fire hazard severity zone as determined by the Department of line 6 Forestry and Fire Protection pursuant to Section 51178, or within line 7 a high or very high fire hazard severity zone as indicated on maps line 8 adopted by the Department of Forestry and Fire Protection pursuant line 9 to Section 4202 of the Public Resources Code. line 10 (d) line 11 (c)  The Legislature finds and declares that ensuring the adequate line 12 production of affordable housing is a matter of statewide concern line 13 and is not a municipal affair as that term is used in Section 5 of line 14 Article XI of the California Constitution. Therefore, this section line 15 applies to all cities, including charter cities. line 16 SEC. 2. No reimbursement is required by this act pursuant to line 17 Section 6 of Article XIII B of the California Constitution because line 18 a local agency or school district has the authority to levy service line 19 charges, fees, or assessments sufficient to pay for the program or line 20 level of service mandated by this act, within the meaning of Section line 21 17556 of the Government Code. O 97 SB 902 — 7 — City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-491 Agenda Date:7/22/2020 Version:1 Item #:11a. Resolution in support of Assembly Bill 2054 and authorizing the Mayor to send a letter reflecting the City’s position to the state legislature. WHEREAS,Assembly Bill 2054 establishes the Community Response Initiative to Strengthen Emergency Systems (CRISIS)Act for the purpose of creating,implementing and evaluating the CRISIS Act Grant Pilot Program; and WHEREAS,there is a need to create alternatives to law enforcement and expand innovative approaches to emergencies and have established programs do so in school districts,cities,and counties throughout the state; and WHEREAS,alternative approaches to law enforcement have strengthened the response to emergencies by deepening impact,preventing violence,deescalating volatile situations,protecting property and the environment,reducing law enforcement use of force,and ensuring the health and safety of communities while saving money by decreasing calls for service; and WHEREAS,Assembly Bill 2054 seeks to create a state policy framework and budget request to support these innovative approaches; and WHEREAS,Assembly Bill 2054 promotes community based responses to local emergency situations, including,but not limited to public health crisis,people experiencing homelessness,mental health crisis, intimate partner violence, community violence, substance use, and natural disasters; and WHEREAS,the CRISIS Act Grant Pilot Program is funded under the State’s general fund and administered by the Governor’s Office of Emergency Services; and WHEREAS,support of Assembly Bill 2054 meets the strategic goals of providing a diverse and high quality of life for residents of the City of South San Francisco. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco,with the concurrence of the Mayor that,by the adoption of this Resolution,the City Council hereby supports Assembly Bill 2054. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that,by the adoption of this Resolution,the Mayor is hereby authorized to send a letter to the state legislature reflecting the City’s position consistent with those expressed in this resolution. City of South San Francisco Printed on 7/25/2020Page 1 of 2 powered by Legistar™ File #:20-491 Agenda Date:7/22/2020 Version:1 Item #:11a. ***** City of South San Francisco Printed on 7/25/2020Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-487 Agenda Date:7/22/2020 Version:1 Item #:12. Report regarding adoption of a resolution authorizing the City Manager for the City of South San Francisco to pursue Coronavirus Aid,Relief,and Economic Security (CARES)Act relief funding,amending the Fiscal Year 2020-21 budget to reflect the receipt of funds,and appropriating the funds for identified programs in specified amounts.(Christina Fernandez, Assistant to the City Manager) RECOMMENDATION It is recommended that the City Council authorize the pursuit of CARES Act relief funding as provided by section 5001 of the Coronavirus Aid,Relief,and Economic Security Act,amend the Fiscal Year 2020- 21 budget to reflect the receipt of funds,and appropriate the funds for identified programs in specified amounts. BACKGROUND/DISCUSSION The Coronavirus Aid,Relief,and Economic Security Act or CARES Act established the Coronavirus Relief Fund (Fund)and appropriated $150 billion to the Fund.Under the CARES Act,the Fund is to be used to make payments for specified uses to States and certain local governments,the District of Columbia,U.S.Territories, and Tribal governments. Cities with populations between 300,000 and 500,000 were allocated $225 million and cities with populations of less than 300,000 were allocated $275 million.The population of the city was used to determine its share of the allocation.No city will receive less than $50,000.The City of South San Francisco is estimated to receive $838,111 based on the City’s 2019 population size. (Attachment 1) Funding is contingent on the counties’adherence to federal guidance;the state’s stay at home requirements and other health requirements as directed in gubernatorial Executive Order N-33-20;any subsequent executive orders or statutes;and all California Department of Public Health orders,directives,and guidance issued in response to the COVID-19 health emergency. Allocations will be made in installments,with the first allocation being one sixth of the total allocation. Additional allocation amounts and their timing are still being determined by the Department of Finance. All funds must be spent (and not simply encumbered)by December 30,2020.The funds must also be used for necessary COVID-19 related expenditures that were not previously budgeted for in our most recently approved budget as of March 27, 2020. The CARES Act provides that payments from the Fund may only be used to cover costs that: 1.Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; 2.Were not accounted for in the budget most recently approved as of March 27,2020 (the date of enactment of the CARES Act) for the State or governments; and 3.Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. City of South San Francisco Printed on 7/17/2020Page 1 of 6 powered by Legistar™ File #:20-487 Agenda Date:7/22/2020 Version:1 Item #:12. Examples of ineligible expenditures include: 1.Expenses for State share of Medicaid. 2.Damages covered by insurance. 3.Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to COVID-19. 4.Expenses that have been or will be reimbursed under any federal program. 5.Reimbursement to donors for donated items or services. 6.Workforce bonuses other than hazard pay or overtime. 7.Severance pay. 8.Legal settlements. The City of South San Francisco The City of South San Francisco is expected to receive $838,111.Given the timeline needed for response,staff have taken the liberty of suggesting a proposed amount of funding for each eligible funding option.However, these amounts are preliminary and intended to structure the discussion and policy direction by the Council. Staff have determined the following projects that meet the criteria set forth in the policy guidance provided by the Department of Finance. Staff request Council guidance on the allocation of these funds. Landlord Default Prevention Program - Requested Allocation $280,000 As described in a staff report from the July 21,2020 Special City Council meeting regarding the City’s displacement prevention measures,staff anticipate a large increase in need for rent relief over the next six months.Given the broad guidelines for this funding,it could be used to establish a targeted Landlord Default Prevention Program.If the Program is undersubscribed,the remaining funding can be redirected to the Rental Assistance Program.Both programs are described in detail in the July 21,2020 staff report.The Landlord Default Prevention Program is estimated to result in rent assistance to over 75 units,or approximately 10-15 landlords each with a maximum of nine units.This is roughly the same number of households that would be assisted through the Rental Assistance Program. The City’s Housing Division has been able to secure $930,000 in renter assistance funding through other funding streams for Fiscal Years 2020-2021 and 2021-22 creating a robust emergency rental assistance program for the foreseeable future.The creation of a Landlord Default Prevention Program will benefit the same number of households through a different mechanism. COVID-19 Sick Time - Requested Allocation: $212,090 On March 11,2020,the City of South San Francisco declared a local emergency due to the COVID-19 outbreak.The City is committed to providing a safe work environment for all employees and continue to actively plan for the impacts from COVID-19.As a result,the City provided staff the ability to stay home if they were ill or were exposed to COVID-19 and needed to self-quarantine.In addition,staff were allowed to take COVID-19 family sick time in order to care for an immediate family member who may have contracted COVID-19 or due to the impact of school closures.The City paid $146,238 in COVID Sick (Self Leave)and $65,852 in COVID-19 Sick (Family Leave)totaling $212,090 in COVID-19 Sick Time.Staff requests an allocation of $212,090 in CARES Act funding to reimburse those unexpected and unbudgeted costs. After/Out-of-School Child Care - Requested Allocation: $190,000 City of South San Francisco Printed on 7/17/2020Page 2 of 6 powered by Legistar™ File #:20-487 Agenda Date:7/22/2020 Version:1 Item #:12. The City coordinates with the South San Francisco Unified School District (SSFUSD)to provide before and after school care for elementary school students at four school sites between the hours of 7:30 a.m.to A.M.bell time and P.M.bell time to 6:00 p.m.,as well as a state grant-funded after school enrichment program at two school sites from P.M.bell time to 6:00 p.m.As of this report,the school district is considering implementing a modified school schedule that favors a virtual learning program three days per week and two in-person half days at school for students.As a result of the modified school schedule,the City anticipates a need to extend its after school care services to include an out-of-school care program to provide childcare for days when students are not reporting to school in person.We estimate that an additional $140,000 of funding would be necessary to meet the additional staffing and supplies expenses of providing a full day out-of-school care program to care for students from 7:30 a.m.to 6:00 p.m.,Monday through Friday.If the CARES Act fund is available for this purpose,approximately 30 additional part-time staff will be hired to meet the needs of staffing a full-day program from 7:30 a.m.to 6:00 p.m.,Monday through Friday.A program staffed to this level could serve approximately 110 children. The additional $50,000 of CARES Act funding would be used to subsidize the childcare tuition.While the fees for the full day out-of-school care program have not yet been determined,the comparison to a partial day before and after school program will certainly be less than a full-day program.Staff anticipates that approximately 50 families will need to receive some sort of tuition assistance to cover the added cost of a full day program.Eligibility for tuition subsidy would be based on whether or not a family meets the HUD low income limit threshold or is eligible for the SSFUSD free or reduced lunch program. It should be noted that planning and scheduling by SSFUSD for the reopening of school in the fall is still in progress. In the event that the District elects to begin the school year with a 100% remote learning program, with no children on campus, staff believe that many working parents will need childcare options to be able to continue or return to work. The Parks and Recreation Department is currently successfully providing full day summer care for children, and would look to a similar model during the school year. The program could include having children bring laptops to the site, with staff able to provide them with assisted learning structure and support for their online school activities. Staff is collaborating with SSFUSD to monitor school planning, and will be as flexible as possible in designing a program to meet whatever schedule is implemented. Having this funding available would be extremely helpful. Small Business Loan - Requested Allocation: $100,000 Small businesses in South San Francisco may apply for forgivable micro loans for either $10,000 or $15,000. Businesses that meet the preliminary eligibility requirements are selected through a lottery.The City appropriated $650,000 of its Community Development Block Grant (CDBG)for this relief fund which provided loans to 50-55 South San Francisco businesses.Additional funding may assist small businesses that did not receive funding during the first and second rounds.Staff estimates $100,000 would provide relief to approximately 50 additional businesses. Magnolia Senior Center Food Box Program - Requested Allocation: $19,500 South San Francisco seniors over 60 years old and living in South San Francisco may receive a healthy and delicious food box from a local produce company.Funding for this program is due to generous donations from City staff and our community.The requested allocation allows the City to serve approximately 270 more South City of South San Francisco Printed on 7/17/2020Page 3 of 6 powered by Legistar™ File #:20-487 Agenda Date:7/22/2020 Version:1 Item #:12. San Francisco seniors. Outdoor Dining - Requested Allocation: $35,000 Small businesses are now able to resume outdoor dining services.Funding would assist in providing the infrastructure needed to allow outdoor dining spaces.The proposed $35,000 would fund the pilot program approved by Council on July 8,2020 that allows downtown restaurants to use the parking spaces in front of their establishments for outdoor dining.The existing funding will serve up to 10 to 12 restaurants.The addition of the CARES Act funding would allow the program to be extended and/or expanded geographically. Library Services - Requested Allocation: $51,740 Library staff are moving many of the popular library program to a virtual platform including children’s story times,author talks,and technology classes.The library has identified a need to improve their virtual programming skills and tools for 10 library staff members actively providing remote classes and programming. To meet this evolving need due to COVID-19,staff requests $48,240.00 in equipment and software to improve the library’s virtual platform. Additionally,library books received must be quarantined for up to 72 hours in order to mitigate cross contamination.Library bins to quarantine library books and materials received cost $2,500.In order to ensure residents are able to receive needed library materials during COVID-19,our libraries are mailing out library books and materials to residents at a cost of $1,000 for postage. Information Technology Remote Work Infrastructure - Requested Allocation: $30,000 City buildings are currently closed to the public for in-person services.However,the pace of work has not slowed and over half of the City’s workforce continues to work remotely.As such,the need for a robust IT infrastructure is critical to providing our residents and community with core services.A $30,000 allocation will be used to provide additional laptop computers,Citrix licenses,and other essential materials to enhance the teleworking capabilities for staff in order to better support the needs of the community. City Reopening Costs - Requested Allocation: $30,000 Ensuring the public health and safety of our staff and residents is the City’s number one priority.A working group led by the Assistant City Manager are currently drafting plans and procedures to ensure the safe reopening of all city departments.The plans and procedures specify needs not currently budgeted,including the need for Personal Protective Equipment (PPE),HVAC filters,and Touchless Thermometers.The requested allocation will not cover the entirety of the City’s reopening needs;however,it may defray many costs that may be ineligible for FEMA reimbursement. HVAC upgrades totaling $14,000 would replace all HVAC filters in City facilities to a higher grade option, called MERV13 that captures very fine particulates.Pathogens in the air are generally carried by droplets between two and five microns.While no air filter can entirely capture all particulates in this size range,MERV 13 air filters can effectively trap 85-90%or more of particulates and aerosols in this range.Based on the information staff has received to date from mechanical system contractors,staff estimates the quarterly filter change and preventative maintenance contract would increase by approximately $7,000 per quarter. City of South San Francisco Printed on 7/17/2020Page 4 of 6 powered by Legistar™ File #:20-487 Agenda Date:7/22/2020 Version:1 Item #:12. Total Allocation Request: $ 948,330 Staff Recommendation All proposed projects meet the State’s Department of Finance goals of addressing the public health and safety impacts of COVID-19 on cities.Unfortunately,the maximum amount the City may receive is $838,111 and the cost of all proposed programs total $948,328.76 leaving a delta of $110,217.76.Staff recommends the prioritization of the following projects for funding: 1.Landlord Default Prevention Program $280,000 2.COVID-19 Sick Time $212,090 3.After/Out-of-School Care $190,000 4.Small Business Loan Program $100,000 5.IT Remote Work Infrastructure $ 30,000 First Tier Cost $812,090 The remainder of $26,021 is not enough to cover the entirety of the remaining requests.Therefore,staff requests the $26,021 be allocated as follows. 1.Library Services $20,000 2.Magnolia Senior Center Food Box Program $6,021 Second Tier Cost $26,021 FISCAL IMPACT The CARES Act funding will have a positive impact on the General Fund as some of these funds will be used as reimbursement for General Fund costs already incurred by the City due to the unanticipated health and safety impacts of COVID-19.If approved by Council,the CARES Act funding will be recognized as budget adjustment to the FY20-21 Budget under Non-Departmental with the various Council approved allocations recognized as project expenditures. RELATIONSHIP TO STRATEGIC PLAN Prioritization of these projects meets the City’s strategic goals of building and maintaining a higher quality of life for our community and ensuring the economic vitality of our small businesses. CONCLUSION It is recommended that the City Council authorize the pursuit of CARES Act relief funding as provided by section 5001 of the Coronavirus Aid,Relief,and Economic Security Act,amend the Fiscal Year 2020- City of South San Francisco Printed on 7/17/2020Page 5 of 6 powered by Legistar™ File #:20-487 Agenda Date:7/22/2020 Version:1 Item #:12. by section 5001 of the Coronavirus Aid,Relief,and Economic Security Act,amend the Fiscal Year 2020- 21 budget to reflect the receipt of funds,and appropriate the funds for identified programs in specified amounts. Attachment: 1.City Allocation by Population Size 2.CARES Act Powerpoint Presentation City of South San Francisco Printed on 7/17/2020Page 6 of 6 powered by Legistar™ State/County/City Total Population 1/1/2019 Funding Estimate Based on 2019 population Funding Based on $300M California 39,695,376 Irvine 277,462 $3,436,971 $3,765,324 Chula Vista 271,032 $3,357,322 $3,678,065 Fremont 233,404 $2,891,217 $3,167,431 Santa Clarita 221,703 $2,746,274 $3,008,641 Modesto 220,126 $2,726,740 $2,987,240 San Bernardino 217,642 $2,695,970 $2,953,531 Fontana 212,304 $2,629,847 $2,881,091 Moreno Valley 207,181 $2,566,388 $2,811,569 Oxnard 206,221 $2,554,496 $2,798,541 Glendale 204,883 $2,537,922 $2,780,384 Huntington Beach 201,239 $2,492,783 $2,730,933 Ontario 180,494 $2,235,811 $2,449,411 Oceanside 177,242 $2,195,528 $2,405,279 Rancho Cucamonga 175,201 $2,170,246 $2,377,581 Santa Rosa 175,183 $2,170,023 $2,377,337 Garden Grove 175,052 $2,168,400 $2,375,559 Elk Grove 173,170 $2,145,088 $2,350,020 Corona 166,723 $2,065,227 $2,262,530 Salinas 162,353 $2,011,095 $2,203,227 Lancaster 161,505 $2,000,591 $2,191,719 Hayward 160,197 $1,984,389 $2,173,968 Palmdale 157,117 $1,946,236 $2,132,171 Sunnyvale 155,766 $1,929,501 $2,113,837 Pomona 154,675 $1,915,987 $2,099,031 Escondido 152,391 $1,887,694 $2,068,036 Torrance 145,922 $1,807,562 $1,980,248 Pasadena 144,686 $1,792,251 $1,963,475 Fullerton 141,931 $1,758,125 $1,926,088 Roseville 141,299 $1,750,296 $1,917,511 Orange 140,410 $1,739,284 $1,905,447 Visalia 137,696 $1,705,665 $1,868,616 Concord 130,435 $1,615,722 $1,770,080 Thousand Oaks 127,610 $1,580,728 $1,731,743 Santa Clara 127,401 $1,578,139 $1,728,907 Simi Valley 125,664 $1,556,622 $1,705,335 Victorville 124,642 $1,543,963 $1,691,466 Berkeley 122,358 $1,515,670 $1,660,471 Vallejo 119,349 $1,478,397 $1,619,637 Clovis 116,609 $1,444,456 $1,582,453 El Monte 116,563 $1,443,887 $1,581,829 Fairfield 116,319 $1,440,864 $1,578,518 Costa Mesa 114,634 $1,419,992 $1,555,651 Murrieta 114,193 $1,414,529 $1,549,667 Downey 113,863 $1,410,441 $1,545,188 Carlsbad 113,635 $1,407,617 $1,542,094 Antioch 112,423 $1,392,604 $1,525,647 Inglewood 112,345 $1,391,637 $1,524,588 Temecula 111,879 $1,385,865 $1,518,264 Richmond 110,793 $1,372,413 $1,503,527 Daly City 109,710 $1,358,997 $1,488,830 Chico 109,688 $1,358,725 $1,488,531 San Buenaventura 107,021 $1,325,688 $1,452,338 Santa Maria 106,969 $1,325,044 $1,451,633 West Covina 106,313 $1,316,918 $1,442,730 Jurupa Valley 106,115 $1,314,465 $1,440,043 Norwalk 105,881 $1,311,567 $1,436,868 Burbank 105,496 $1,306,798 $1,431,643 Rialto 104,334 $1,292,404 $1,415,874 El Cajon 104,104 $1,289,555 $1,412,753 San Mateo 103,569 $1,282,928 $1,405,493 Vista 102,098 $1,264,706 $1,385,530 Compton 98,206 $1,216,495 $1,332,714 Vacaville 98,066 $1,214,761 $1,330,814 South Gate 97,211 $1,204,170 $1,319,211 San Marcos 96,651 $1,197,233 $1,311,611 Hesperia 95,509 $1,183,087 $1,296,114 Mission Viejo 94,766 $1,173,883 $1,286,031 Menifee 94,732 $1,173,462 $1,285,569 Tracy 94,586 $1,171,654 $1,283,588 Carson 93,153 $1,153,903 $1,264,141 Santa Barbara 93,108 $1,153,345 $1,263,531 Westminster 92,737 $1,148,750 $1,258,496 Santa Monica 92,480 $1,145,566 $1,255,008 Redding 91,756 $1,136,598 $1,245,183 Livermore 91,436 $1,132,634 $1,240,841 Indio 90,087 $1,115,924 $1,222,534 San Leandro 88,296 $1,093,738 $1,198,229 Citrus Heights 87,731 $1,086,739 $1,190,562 Chino 87,594 $1,085,042 $1,188,703 Whittier 87,073 $1,078,589 $1,181,632 Hawthorne 87,071 $1,078,564 $1,181,605 Alhambra 86,793 $1,075,120 $1,177,832 Redwood City 86,139 $1,067,019 $1,168,957 Merced 86,081 $1,066,301 $1,168,170 Newport Beach 85,706 $1,061,655 $1,163,081 Hemet 85,159 $1,054,880 $1,155,658 Lake Forest 84,576 $1,047,658 $1,147,746 Manteca 83,395 $1,033,029 $1,131,720 Buena Park 82,422 $1,020,976 $1,118,515 Chino Hills 82,310 $1,019,589 $1,116,996 San Ramon 82,100 $1,016,987 $1,114,146 Mountain View 81,639 $1,011,277 $1,107,890 Alameda 81,618 $1,011,017 $1,107,605 Tustin 80,491 $997,056 $1,092,311 Lakewood 80,168 $993,055 $1,087,927 Perris 79,856 $989,190 $1,083,693 Napa 79,730 $987,630 $1,081,983 Pleasanton 79,392 $983,443 $1,077,397 Folsom 79,171 $980,705 $1,074,397 Upland 78,564 $973,186 $1,066,160 Bellflower 78,239 $969,160 $1,061,750 Rancho Cordova 77,438 $959,238 $1,050,880 Baldwin Park 76,311 $945,278 $1,035,586 Milpitas 76,211 $944,039 $1,034,228 Apple Valley 74,140 $918,385 $1,006,124 Turlock 73,874 $915,090 $1,002,514 Union City 73,661 $912,452 $999,623 Pittsburg 73,565 $911,263 $998,321 Yuba City 72,005 $891,939 $977,151 Lynwood 71,549 $886,290 $970,962 Walnut Creek 70,958 $878,969 $962,942 Redlands 70,700 $875,773 $959,441 Camarillo 70,024 $867,400 $950,267 Davis 69,179 $856,933 $938,800 Palo Alto 69,109 $856,065 $937,850 Rocklin 68,806 $852,312 $933,738 Yorba Linda 68,458 $848,001 $929,016 Lodi 67,430 $835,267 $915,065 South San Francisco 67,221 $832,678 $912,229 Redondo Beach 67,154 $831,849 $911,320 Tulare 66,457 $823,215 $901,861 Eastvale 65,611 $812,735 $890,380 Laguna Niguel 65,363 $809,663 $887,015 Santa Cruz 65,241 $808,152 $885,359 Madera 65,117 $806,616 $883,676 San Clemente 64,541 $799,481 $875,860 Brentwood 64,365 $797,301 $873,471 Dublin 64,132 $794,414 $870,309 Montebello 63,742 $789,583 $865,017 Pico Rivera 63,390 $785,223 $860,240 La Habra 63,319 $784,344 $859,276 Lake Elsinore 63,154 $782,300 $857,037 National City 62,254 $771,151 $844,824 Petaluma 62,195 $770,421 $844,023 Encinitas 62,096 $769,194 $842,680 Monterey Park 60,943 $754,912 $827,033 Gardena 60,892 $754,280 $826,341 San Rafael 60,207 $745,795 $817,045 Woodland 60,068 $744,073 $815,158 La Mesa 59,827 $741,088 $811,888 Huntington Park 59,642 $738,796 $809,377 Cupertino 59,504 $737,087 $807,505 Porterville 59,490 $736,913 $807,315 Hanford 58,907 $729,691 $799,403 Santee 57,780 $715,731 $784,109 Diamond Bar 57,308 $709,884 $777,704 Arcadia 57,262 $709,315 $777,079 Gilroy 56,854 $704,261 $771,543 Fountain Valley 56,099 $694,908 $761,297 Yucaipa 55,629 $689,086 $754,919 Paramount 55,569 $688,343 $754,104 Highland 55,222 $684,045 $749,395 Rosemead 54,198 $671,360 $735,499 Novato 54,062 $669,676 $733,653 West Sacramento 53,995 $668,846 $732,744 Colton 53,862 $667,198 $730,939 Cathedral City 53,320 $660,484 $723,584 Palm Desert 52,911 $655,418 $718,034 Delano 52,422 $649,361 $711,398 Glendora 51,840 $642,151 $703,500 Placentia 51,750 $641,036 $702,278 Watsonville 51,672 $640,070 $701,220 San Jacinto 50,431 $624,698 $684,379 Cerritos 49,995 $619,297 $678,462 Aliso Viejo 49,815 $617,067 $676,019 Beaumont 49,630 $614,776 $673,509 Azusa 49,537 $613,624 $672,246 Poway 49,298 $610,663 $669,003 Rancho Santa Margarita 49,051 $607,603 $665,651 La Mirada 49,007 $607,058 $665,054 Cypress 48,976 $606,674 $664,633 Covina 48,683 $603,045 $660,657 Lincoln 48,679 $602,995 $660,603 Newark 48,164 $596,616 $653,614 Ceres 48,027 $594,919 $651,755 Palm Springs 47,296 $585,864 $641,835 Coachella 46,885 $580,773 $636,257 San Luis Obispo 45,937 $569,030 $623,392 El Centro 45,774 $567,011 $621,180 Morgan Hill 45,745 $566,651 $620,787 San Bruno 45,542 $564,137 $618,032 Brea 44,879 $555,924 $609,035 Danville 43,923 $544,082 $596,061 Lompoc 43,849 $543,165 $595,057 Rohnert Park 43,134 $534,309 $585,354 Bell Gardens 42,579 $527,434 $577,822 Campbell 42,168 $522,343 $572,245 Oakley 41,979 $520,001 $569,680 Rancho Palos Verdes 41,838 $518,255 $567,766 Los Banos 41,287 $511,429 $560,289 Calexico 41,032 $508,271 $556,829 La Puente 40,532 $502,077 $550,043 La Quinta 40,389 $500,306 $548,103 San Gabriel 40,194 $497,890 $545,456 Hollister 39,998 $495,462 $542,797 Culver City 39,493 $489,207 $535,943 Montclair 39,452 $488,699 $535,387 Stanton 39,097 $484,301 $530,569 Pacifica 38,579 $477,885 $523,540 Monrovia 37,956 $470,168 $515,085 Martinez 37,424 $463,578 $507,866 Wildomar 37,126 $459,886 $503,822 Moorpark 36,649 $453,978 $497,349 Bell 36,510 $452,256 $495,462 West Hollywood 36,335 $450,088 $493,088 San Juan Capistrano 36,149 $447,784 $490,563 Temple City 36,098 $447,152 $489,871 Claremont 35,872 $444,353 $486,804 Adelanto 35,504 $439,794 $481,810 Menlo Park 35,454 $439,175 $481,132 Manhattan Beach 35,419 $438,741 $480,657 Pleasant Hill 34,286 $424,707 $465,281 San Dimas 34,042 $421,684 $461,970 Beverly Hills 33,926 $420,247 $460,396 La Verne 33,289 $412,357 $451,751 Dana Point 33,212 $411,403 $450,707 Foster City 33,211 $411,391 $450,693 Seaside 33,047 $409,359 $448,467 Lawndale 32,879 $407,278 $446,188 Goleta 31,920 $395,399 $433,173 Laguna Hills 31,674 $392,351 $429,835 San Pablo 31,481 $389,961 $427,216 Atwater 31,370 $388,586 $425,710 Banning 31,142 $385,761 $422,615 El Paso de Robles 31,136 $385,687 $422,534 Saratoga 31,002 $384,027 $420,716 East Palo Alto 30,979 $383,742 $420,403 Los Altos 30,881 $382,528 $419,073 Los Gatos 30,720 $380,534 $416,889 Santa Paula 30,573 $378,713 $414,894 Atascadero 30,348 $375,926 $411,840 Burlingame 30,320 $375,579 $411,460 Walnut 29,977 $371,330 $406,806 Desert Hot Springs 29,683 $367,689 $402,816 San Carlos 29,652 $367,305 $402,395 Suisun City 29,211 $361,842 $396,411 Ridgecrest 29,067 $360,058 $394,456 Windsor 28,596 $354,224 $388,065 Twentynine Palms 28,478 $352,762 $386,463 Monterey 27,992 $346,742 $379,868 Maywood 27,988 $346,692 $379,814 Imperial Beach 27,934 $346,023 $379,081 Wasco 27,548 $341,242 $373,843 Benicia 27,263 $337,712 $369,975 Brawley 27,229 $337,290 $369,514 Sanger 27,005 $334,516 $366,474 Belmont 26,983 $334,243 $366,175 Eureka 26,820 $332,224 $363,963 Norco 26,426 $327,344 $358,616 Lemon Grove 26,426 $327,344 $358,616 Lemoore 26,254 $325,213 $356,282 Reedley 25,873 $320,493 $351,112 Soledad 25,745 $318,908 $349,375 Dinuba 25,689 $318,214 $348,615 Galt 25,655 $317,793 $348,154 Lafayette 25,644 $317,657 $348,004 South Pasadena 25,524 $316,170 $346,376 Hercules 25,488 $315,724 $345,887 Lathrop 25,401 $314,647 $344,707 Seal Beach 25,080 $310,670 $340,350 Riverbank 24,867 $308,032 $337,460 El Cerrito 24,852 $307,846 $337,256 San Fernando 24,798 $307,177 $336,524 Loma Linda 24,405 $302,309 $331,190 Selma 24,402 $302,272 $331,150 Cudahy 24,227 $300,104 $328,775 Barstow 24,210 $299,894 $328,544 Calabasas 24,185 $299,584 $328,205 Coronado 23,814 $294,988 $323,170 Port Hueneme 23,457 $290,566 $318,325 Millbrae 22,983 $284,695 $311,893 Patterson 22,974 $284,583 $311,771 Oakdale 22,838 $282,898 $309,925 Marina 22,688 $281,040 $307,890 Laguna Beach 22,445 $278,030 $304,592 South Lake Tahoe 22,304 $276,284 $302,679 Yucca Valley 22,205 $275,057 $301,335 Duarte 21,681 $268,566 $294,224 Corcoran 21,595 $267,501 $293,057 Arvin 21,314 $264,020 $289,244 Oroville 21,311 $263,983 $289,203 American Canyon 21,000 $260,131 $284,982 South El Monte 20,792 $257,554 $282,160 Agoura Hills 20,622 $255,448 $279,853 Lomita 20,614 $255,349 $279,744 La Canada Flintridge 20,497 $253,900 $278,156 Dixon 19,920 $246,753 $270,326 Shafter 19,849 $245,873 $269,363 Hermosa Beach 19,641 $243,297 $266,540 Pinole 19,563 $242,330 $265,482 Imperial 19,364 $239,865 $262,781 Blythe 19,256 $238,527 $261,315 Albany 18,961 $234,873 $257,312 Orinda 18,911 $234,254 $256,633 Rancho Mirage 18,886 $233,944 $256,294 Chowchilla 18,553 $229,819 $251,775 Santa Fe Springs 18,348 $227,280 $248,993 Arcata 18,223 $225,732 $247,297 Greenfield 18,109 $224,319 $245,750 Arroyo Grande 17,839 $220,975 $242,086 Coalinga 16,944 $209,888 $229,940 Moraga 16,939 $209,826 $229,872 El Segundo 16,812 $208,253 $228,149 Artesia 16,534 $204,810 $224,376 Laguna Woods 16,329 $202,270 $221,594 Truckee 16,136 $199,879 $218,975 Ukiah 16,029 $198,554 $217,523 Kerman 15,767 $195,309 $213,968 Ripon 15,688 $194,330 $212,895 Fillmore 15,680 $194,231 $212,787 Parlier 15,658 $193,958 $212,488 La Palma 15,572 $192,893 $211,321 Pacific Grove 15,360 $190,267 $208,444 McFarland 14,984 $185,609 $203,342 Mill Valley 14,743 $182,624 $200,071 Livingston 14,709 $182,203 $199,610 Hawaiian Gardens 14,685 $181,906 $199,284 King City 14,540 $180,110 $197,316 Auburn 14,440 $178,871 $195,959 California City 14,423 $178,660 $195,729 Clearlake 14,363 $177,917 $194,914 Susanville 14,206 $175,972 $192,784 Red Bluff 14,166 $175,477 $192,241 Solana Beach 13,786 $170,770 $187,084 Carpinteria 13,366 $165,567 $181,385 Grover Beach 13,320 $164,997 $180,760 Palos Verdes Estates 13,230 $163,882 $179,539 Avenal 13,214 $163,684 $179,322 Lindsay 13,153 $162,929 $178,494 San Marino 13,106 $162,346 $177,856 Tehachapi 13,054 $161,702 $177,151 Commerce 12,929 $160,154 $175,454 Grass Valley 12,851 $159,188 $174,396 San Anselmo 12,845 $159,113 $174,314 Kingsburg 12,551 $155,471 $170,325 Half Moon Bay 12,480 $154,592 $169,361 Grand Terrace 12,362 $153,130 $167,760 Marysville 12,333 $152,771 $167,366 Larkspur 12,331 $152,746 $167,339 Mendota 12,278 $152,090 $166,620 Healdsburg 12,166 $150,702 $165,100 Fortuna 12,112 $150,033 $164,367 Emeryville 12,041 $149,154 $163,404 Newman 11,860 $146,912 $160,947 Malibu 11,784 $145,971 $159,916 Signal Hill 11,744 $145,475 $159,373 Scotts Valley 11,646 $144,261 $158,043 Los Alamitos 11,576 $143,394 $157,093 Piedmont 11,468 $142,056 $155,628 Hillsborough 11,421 $141,474 $154,990 Farmersville 11,396 $141,164 $154,650 Clayton 11,347 $140,557 $153,986 Sonoma 11,164 $138,290 $151,502 Exeter 11,009 $136,370 $149,399 Canyon Lake 10,995 $136,197 $149,209 Sierra Madre 10,843 $134,314 $147,146 Placerville 10,836 $134,227 $147,051 Anderson 10,604 $131,354 $143,903 Shasta Lake 10,593 $131,217 $143,753 Morro Bay 10,269 $127,204 $139,356 Corte Madera 10,138 $125,581 $137,579 Capitola 10,130 $125,482 $137,470 Rio Vista 9,594 $118,843 $130,196 Tiburon 9,581 $118,682 $130,020 Orange Cove 9,460 $117,183 $128,378 Taft 9,417 $116,650 $127,794 Cloverdale 9,279 $114,941 $125,922 Live Oak 9,164 $113,516 $124,361 Calimesa 8,830 $109,379 $119,828 Waterford 8,806 $109,081 $119,503 Gonzales 8,566 $106,109 $116,246 Los Altos Hills 8,394 $103,978 $113,912 Pismo Beach 8,237 $102,033 $111,781 Westlake Village 8,227 $101,909 $111,645 Orland 8,113 $100,497 $110,098 Rolling Hills Estates 8,035 $99,531 $109,040 Firebaugh 7,980 $98,850 $108,293 Ione 7,905 $97,921 $107,276 Mammoth Lakes 7,887 $97,698 $107,031 Yreka 7,832 $97,016 $106,285 Sebastopol 7,826 $96,942 $106,203 Guadalupe 7,769 $96,236 $105,430 Woodlake 7,691 $95,270 $104,371 Cotati 7,628 $94,489 $103,516 Ojai 7,591 $94,031 $103,014 Corning 7,534 $93,325 $102,241 Fort Bragg 7,471 $92,545 $101,386 Fairfax 7,443 $92,198 $101,006 Escalon 7,442 $92,185 $100,992 Huron 7,302 $90,451 $99,092 Sausalito 7,301 $90,439 $99,079 Hughson 7,232 $89,584 $98,143 Winters 7,169 $88,804 $97,288 Calipatria 7,141 $88,457 $96,908 Gridley 7,058 $87,429 $95,781 Atherton 7,044 $87,255 $95,591 Loomis 6,828 $84,580 $92,660 Crescent City 6,605 $81,817 $89,634 Holtville 6,366 $78,857 $86,390 Colusa 6,227 $77,135 $84,504 Fowler 6,220 $77,048 $84,409 St Helena 6,101 $75,574 $82,794 Willows 6,080 $75,314 $82,509 Gustine 5,867 $72,676 $79,619 Villa Park 5,786 $71,672 $78,519 Woodside 5,663 $70,149 $76,850 Solvang 5,575 $69,059 $75,656 Dos Palos 5,549 $68,736 $75,303 La Habra Heights 5,470 $67,758 $74,231 Buellton 5,407 $66,977 $73,376 Williams 5,392 $66,792 $73,173 Indian Wells 5,379 $66,631 $72,996 Calistoga 5,378 $66,618 $72,983 Needles 5,289 $65,516 $71,775 Big Bear Lake 5,191 $64,302 $70,445 Willits 5,117 $63,385 $69,441 Jackson 4,844 $50,000 $65,736 Sonora 4,725 $50,000 $64,121 Lakeport 4,698 $50,000 $63,755 Brisbane 4,659 $50,000 $63,225 Portola Valley 4,623 $50,000 $62,737 Paradise 4,485 $50,000 $60,864 Del Mar 4,275 $50,000 $58,014 San Joaquin 4,144 $50,000 $56,237 Angels City 4,095 $50,000 $55,572 Carmel-by-the-Sea 3,939 $50,000 $53,455 Avalon 3,939 $50,000 $53,455 Bishop 3,815 $50,000 $51,772 Wheatland 3,620 $50,000 $49,126 Monte Sereno 3,586 $50,000 $48,664 Mount Shasta 3,386 $50,000 $45,950 Rio Dell 3,308 $50,000 $44,892 Nevada City 3,160 $50,000 $42,883 Alturas 2,849 $50,000 $38,663 Yountville 2,763 $50,000 $37,496 Weed 2,762 $50,000 $37,482 Ross 2,548 $50,000 $34,578 Sutter Creek 2,492 $50,000 $33,818 Westmorland 2,356 $50,000 $31,972 Belvedere 2,139 $50,000 $29,027 Colfax 2,121 $50,000 $28,783 San Juan Bautista 2,098 $50,000 $28,471 Biggs 2,053 $50,000 $27,860 Portola 2,017 $50,000 $27,372 Rolling Hills 1,880 $50,000 $25,513 Hidden Hills 1,862 $50,000 $25,268 Del Rey Oaks 1,674 $50,000 $22,717 Dunsmuir 1,641 $50,000 $22,269 Colma 1,516 $50,000 $20,573 Irwindale 1,443 $50,000 $19,582 Ferndale 1,378 $50,000 $18,700 Montague 1,370 $50,000 $18,592 Blue Lake 1,285 $50,000 $17,438 Maricopa 1,122 $50,000 $15,226 Bradbury 1,056 $50,000 $14,331 Plymouth 1,006 $50,000 $13,652 Dorris 1,001 $50,000 $13,584 Tulelake 914 $50,000 $12,404 Isleton 827 $50,000 $11,223 Loyalton 784 $50,000 $10,639 Etna 747 $50,000 $10,137 Fort Jones 676 $50,000 $9,174 Tehama 442 $50,000 $5,998 Point Arena 441 $50,000 $5,985 Industry 427 $50,000 $5,795 Sand City 383 $50,000 $5,198 Trinidad 339 $50,000 $4,600 Vernon 298 $50,000 $4,044 Amador 168 $50,000 $2,280 $275,000,000 $300,000,000 $2,650,000 21,986,445 Per Person Amount $12.38717765 $13.5705931399 Column1 Total Population 1/1/2020 Funding Estimate Based on 2020 population $606,026,022 39,782,870 $4,235,989 281,707 $5,109,148 $4,137,823 272,202 $4,936,761 $3,563,360 234,220 $4,247,905 $3,384,721 221,932 $4,025,045 $3,360,645 222,335 $4,032,354 $3,322,722 217,946 $3,952,753 $3,241,228 213,000 $3,863,051 $3,163,015 208,838 $3,787,567 $3,148,359 206,352 $3,742,480 $3,127,932 205,331 $3,723,963 $3,072,299 201,281 $3,650,510 $2,755,587 182,871 $3,316,619 $2,705,939 177,335 $3,216,216 $2,674,779 175,522 $3,183,335 $2,674,504 173,628 $3,148,985 $2,672,504 174,801 $3,170,259 $2,643,772 176,154 $3,194,797 $2,545,346 168,248 $3,051,411 $2,478,630 162,222 $2,942,121 $2,465,683 161,699 $2,932,636 $2,445,714 160,311 $2,907,463 $2,398,692 156,737 $2,842,643 $2,378,067 156,503 $2,838,399 $2,361,410 154,817 $2,807,821 $2,326,541 153,008 $2,775,012 $2,227,779 145,546 $2,639,679 $2,208,909 144,842 $2,626,911 $2,166,849 141,863 $2,572,882 $2,157,200 145,163 $2,632,733 $2,143,628 140,065 $2,540,273 $2,102,193 138,649 $2,514,592 $1,991,340 130,143 $2,360,324 $1,948,211 126,484 $2,293,963 $1,945,021 129,104 $2,341,480 $1,918,502 125,115 $2,269,134 $1,902,899 126,432 $2,293,020 $1,868,029 122,580 $2,223,158 $1,822,091 119,063 $2,159,373 $1,780,260 119,175 $2,161,404 $1,779,558 116,675 $2,116,063 $1,775,833 116,981 $2,121,613 $1,750,108 114,778 $2,081,658 $1,743,375 115,561 $2,095,859 $1,738,337 113,529 $2,059,006 $1,734,856 114,463 $2,075,945 $1,716,353 112,520 $2,040,706 $1,715,162 111,971 $2,030,750 $1,708,047 111,970 $2,030,731 $1,691,468 111,217 $2,017,075 $1,674,933 109,142 $1,979,442 $1,674,598 110,326 $2,000,915 $1,633,881 106,276 $1,927,463 $1,633,087 107,407 $1,947,975 $1,623,072 105,999 $1,922,439 $1,620,049 107,083 $1,942,099 $1,616,476 105,717 $1,917,325 $1,610,599 105,861 $1,919,936 $1,592,859 104,553 $1,896,214 $1,589,347 104,393 $1,893,312 $1,581,179 103,087 $1,869,626 $1,558,722 102,928 $1,866,742 $1,499,303 98,032 $1,777,946 $1,497,166 98,855 $1,792,873 $1,484,112 97,003 $1,759,284 $1,475,563 97,209 $1,763,020 $1,458,128 96,393 $1,748,221 $1,446,785 94,267 $1,709,663 $1,446,266 97,093 $1,760,916 $1,444,037 95,931 $1,739,842 $1,422,159 93,108 $1,688,643 $1,421,472 93,511 $1,695,952 $1,415,808 92,421 $1,676,183 $1,411,885 92,357 $1,675,022 $1,400,831 91,743 $1,663,887 $1,395,946 91,861 $1,666,027 $1,375,351 90,751 $1,645,895 $1,348,008 87,930 $1,594,733 $1,339,382 87,811 $1,592,574 $1,337,290 89,109 $1,616,115 $1,329,336 86,801 $1,574,257 $1,329,306 86,903 $1,576,107 $1,325,062 86,792 $1,574,093 $1,315,077 86,754 $1,573,404 $1,314,192 88,120 $1,598,179 $1,308,466 85,780 $1,555,739 $1,300,115 85,175 $1,544,767 $1,291,215 84,711 $1,536,352 $1,273,185 84,800 $1,537,966 $1,258,330 81,998 $1,487,148 $1,256,620 82,409 $1,494,602 $1,253,414 83,118 $1,507,460 $1,246,376 82,272 $1,492,117 $1,246,055 81,312 $1,474,706 $1,228,849 80,382 $1,457,839 $1,223,918 79,919 $1,449,442 $1,219,155 80,201 $1,454,556 $1,217,231 79,278 $1,437,817 $1,212,071 79,464 $1,441,190 $1,208,697 81,610 $1,480,111 $1,199,430 78,814 $1,429,401 $1,194,468 78,110 $1,416,633 $1,182,240 78,381 $1,421,548 $1,165,034 76,252 $1,382,936 $1,163,507 77,961 $1,413,931 $1,131,889 74,394 $1,349,238 $1,127,828 74,297 $1,347,479 $1,124,576 73,637 $1,335,509 $1,123,111 74,321 $1,347,915 $1,099,294 70,458 $1,277,854 $1,092,333 71,269 $1,292,562 $1,083,310 70,860 $1,285,144 $1,079,371 70,952 $1,286,813 $1,069,051 70,261 $1,274,281 $1,056,150 69,183 $1,254,730 $1,055,081 69,226 $1,255,510 $1,050,456 70,350 $1,275,895 $1,045,143 68,650 $1,245,063 $1,029,448 67,930 $1,232,005 $1,026,257 67,879 $1,231,080 $1,025,235 66,994 $1,215,029 $1,014,594 67,834 $1,230,264 $1,001,678 66,413 $1,204,492 $997,892 65,316 $1,184,596 $996,029 64,424 $1,168,419 $994,136 65,415 $1,186,392 $985,342 64,581 $1,171,266 $982,655 65,118 $1,181,005 $979,098 65,716 $1,191,851 $973,144 63,544 $1,152,459 $967,770 63,374 $1,149,375 $966,686 63,371 $1,149,321 $964,167 63,453 $1,150,808 $950,427 62,099 $1,126,252 $949,526 61,873 $1,122,153 $948,014 62,183 $1,127,775 $930,412 60,734 $1,101,495 $929,633 60,937 $1,105,177 $919,175 59,807 $1,084,683 $917,053 60,742 $1,101,640 $913,374 59,966 $1,087,567 $910,549 59,515 $1,079,387 $908,443 59,549 $1,080,004 $908,229 59,655 $1,081,926 $899,328 59,349 $1,076,377 $882,122 57,999 $1,051,892 $874,916 57,177 $1,036,984 $874,214 57,212 $1,037,619 $867,985 57,084 $1,035,298 $856,459 55,878 $1,013,425 $849,283 55,712 $1,010,414 $848,367 55,461 $1,005,862 $843,070 55,323 $1,003,359 $827,436 54,363 $985,948 $825,360 53,702 $973,960 $824,337 54,328 $985,314 $822,307 54,118 $981,505 $814,032 53,580 $971,748 $807,788 52,986 $960,975 $800,322 53,032 $961,809 $791,437 52,067 $944,307 $790,063 51,494 $933,915 $788,872 51,515 $934,296 $769,926 51,028 $925,464 $763,270 49,994 $906,711 $760,521 50,044 $907,617 $757,697 51,475 $933,571 $756,277 49,658 $900,617 $752,628 49,338 $894,813 $748,858 48,793 $884,929 $748,186 48,877 $886,452 $747,713 49,272 $893,616 $743,239 48,846 $885,890 $743,178 49,317 $894,432 $735,316 48,966 $888,066 $733,224 48,430 $878,345 $722,064 47,427 $860,154 $715,789 47,186 $855,784 $701,316 45,920 $832,823 $698,828 45,657 $828,053 $698,385 46,454 $842,508 $695,286 45,454 $824,371 $685,164 45,629 $827,545 $670,569 43,876 $795,752 $669,439 43,786 $794,120 $658,523 43,069 $781,116 $650,050 42,449 $769,872 $643,775 42,288 $766,952 $640,890 42,461 $770,089 $638,737 41,731 $756,850 $630,325 41,923 $760,332 $626,432 40,896 $741,706 $618,799 40,568 $735,757 $616,616 40,660 $737,426 $613,638 40,104 $727,342 $610,646 40,646 $737,172 $602,936 39,705 $720,105 $602,310 39,490 $716,206 $596,891 39,077 $708,716 $588,982 38,331 $695,186 $579,471 37,935 $688,004 $571,349 37,106 $672,969 $566,800 37,183 $674,365 $559,517 36,278 $657,952 $557,395 36,531 $662,540 $554,723 36,203 $656,592 $551,884 36,318 $658,677 $551,105 36,150 $655,630 $547,655 35,807 $649,410 $542,037 35,663 $646,798 $541,273 35,254 $639,380 $540,739 35,250 $639,308 $523,442 34,267 $621,480 $519,716 33,945 $615,640 $517,945 33,775 $612,557 $508,220 33,300 $603,942 $507,045 33,146 $601,149 $507,030 33,033 $599,099 $504,526 33,537 $608,240 $501,961 32,799 $594,855 $487,320 32,223 $584,409 $483,564 31,508 $571,441 $480,618 31,413 $569,718 $478,923 31,378 $569,084 $475,442 31,125 $564,495 $475,351 31,221 $566,236 $473,305 31,030 $562,772 $472,954 30,794 $558,492 $471,458 30,876 $559,979 $469,000 31,439 $570,190 $466,755 30,389 $551,147 $463,320 30,057 $545,125 $462,893 30,118 $546,232 $457,656 29,929 $542,804 $453,168 29,660 $537,925 $452,695 30,145 $546,721 $445,962 29,119 $528,113 $443,763 29,350 $532,303 $436,573 28,248 $512,317 $434,771 29,258 $530,634 $427,352 28,170 $510,902 $427,290 27,904 $506,078 $426,466 28,055 $508,816 $420,573 28,884 $523,851 $416,222 27,175 $492,856 $415,703 27,349 $496,012 $412,283 27,185 $493,038 $411,947 26,813 $486,291 $409,459 26,699 $484,223 $403,444 27,564 $499,911 $403,444 26,526 $481,086 $400,818 26,509 $480,778 $395,001 25,917 $470,041 $393,047 25,301 $458,869 $392,192 25,994 $471,437 $391,673 25,849 $468,807 $391,505 25,604 $464,364 $389,673 25,458 $461,716 $389,123 25,530 $463,022 $387,795 26,833 $486,654 $382,894 24,992 $453,265 $379,642 25,030 $453,954 $379,413 24,953 $452,557 $378,589 25,207 $457,164 $372,589 24,535 $444,976 $372,543 24,436 $443,181 $369,872 24,172 $438,393 $369,612 24,268 $440,134 $369,230 24,193 $438,774 $363,566 21,381 $387,774 $358,116 23,607 $428,146 $350,880 22,832 $414,090 $350,742 23,074 $418,479 $348,666 22,997 $417,083 $346,376 22,321 $404,822 $342,666 22,343 $405,221 $340,513 22,525 $408,522 $339,002 22,236 $403,281 $331,002 21,673 $393,070 $329,689 21,302 $386,341 $325,399 21,677 $393,142 $325,353 19,440 $352,571 $320,605 20,837 $377,908 $317,430 21,204 $384,564 $314,834 20,566 $372,993 $314,712 20,549 $372,685 $312,926 20,461 $371,089 $304,117 19,972 $362,220 $303,033 20,441 $370,726 $299,858 19,614 $355,727 $298,667 19,505 $353,750 $295,629 19,907 $361,041 $293,980 19,255 $349,216 $289,476 18,937 $343,449 $288,713 19,009 $344,755 $288,331 19,114 $346,659 $283,247 18,196 $330,010 $280,117 18,295 $331,805 $278,209 17,963 $325,784 $276,469 18,284 $331,606 $272,347 17,687 $320,778 $258,683 17,199 $311,928 $258,606 16,946 $307,339 $256,667 16,777 $304,274 $252,423 16,490 $299,069 $249,293 16,243 $294,589 $246,347 16,228 $294,317 $244,713 16,061 $291,289 $240,713 15,950 $289,275 $239,507 15,930 $288,913 $239,385 15,566 $282,311 $239,049 15,890 $288,187 $237,736 15,492 $280,969 $234,500 15,265 $276,852 $228,759 14,388 $260,946 $225,080 14,674 $266,133 $224,561 15,052 $272,989 $224,195 14,649 $265,680 $221,981 14,797 $268,364 $220,454 14,594 $264,682 $220,195 14,161 $256,829 $219,279 14,297 $259,296 $216,882 13,717 $248,777 $216,271 14,245 $258,353 $210,470 13,838 $250,971 $204,058 13,335 $241,849 $203,355 13,214 $239,654 $201,981 13,190 $239,219 $201,737 13,189 $239,201 $200,806 13,154 $238,566 $200,088 13,087 $237,351 $199,294 12,758 $231,384 $197,386 12,868 $233,379 $196,195 12,865 $233,325 $196,104 12,757 $231,366 $191,615 12,883 $233,651 $190,531 12,431 $225,453 $188,730 12,426 $225,363 $188,287 12,424 $225,326 $188,256 12,253 $222,225 $187,447 12,514 $226,959 $185,737 12,089 $219,251 $184,913 12,123 $219,867 $183,829 12,298 $223,041 $181,066 11,912 $216,041 $179,905 11,720 $212,558 $179,295 11,712 $212,413 $177,799 11,693 $212,069 $176,730 11,567 $209,784 $175,081 11,453 $207,716 $174,363 11,418 $207,081 $173,982 11,399 $206,737 $173,234 11,337 $205,612 $170,440 11,050 $200,407 $168,073 11,030 $200,044 $167,860 11,000 $199,500 $165,539 10,816 $196,163 $165,432 10,980 $199,138 $161,890 10,671 $193,533 $161,722 10,657 $193,279 $156,776 10,188 $184,774 $154,776 10,114 $183,431 $154,654 10,108 $183,323 $146,471 9,987 $181,128 $146,272 9,540 $173,021 $144,425 9,456 $171,498 $143,769 8,680 $157,424 $141,662 9,213 $167,091 $139,906 9,200 $166,855 $134,807 9,329 $169,194 $134,440 8,894 $161,305 $130,776 8,506 $154,268 $128,151 8,413 $152,581 $125,754 8,139 $147,612 $125,601 8,212 $148,936 $123,860 8,323 $150,949 $122,670 8,066 $146,288 $121,830 7,981 $144,747 $120,685 8,008 $145,236 $120,410 7,859 $142,534 $119,570 7,786 $141,210 $119,479 7,745 $140,466 $118,609 8,081 $146,560 $117,418 7,773 $140,974 $116,456 7,533 $136,621 $115,891 7,557 $137,057 $115,021 7,620 $138,199 $114,059 7,427 $134,699 $113,632 7,399 $134,191 $113,616 7,478 $135,624 $111,479 7,299 $132,377 $111,464 7,252 $131,525 $110,410 7,298 $132,359 $109,449 7,279 $132,015 $109,021 6,843 $124,107 $107,754 6,402 $116,109 $107,540 7,031 $127,517 $104,243 6,888 $124,923 $100,838 6,673 $121,024 $97,189 6,359 $115,329 $95,067 6,175 $111,992 $94,960 6,454 $117,052 $93,143 6,073 $110,142 $92,823 6,208 $112,591 $89,571 5,875 $106,551 $88,334 5,766 $104,574 $86,457 5,676 $102,942 $85,113 5,562 $100,875 $84,716 5,546 $100,584 $83,510 5,461 $99,043 $82,548 5,464 $99,097 $82,319 5,426 $98,408 $82,121 5,403 $97,991 $82,105 5,348 $96,993 $80,747 5,248 $95,180 $79,251 5,206 $94,418 $78,121 5,072 $91,988 $73,953 4,860 $88,143 $72,136 4,717 $85,549 $71,724 4,677 $84,824 $71,129 4,633 $84,026 $70,579 4,607 $83,554 $68,472 4,631 $83,990 $65,266 4,268 $77,406 $63,266 4,142 $75,121 $62,518 4,123 $74,776 $60,136 3,949 $71,621 $60,136 3,929 $71,258 $58,243 3,821 $69,299 $55,266 3,641 $66,035 $54,747 3,594 $65,182 $51,694 3,375 $61,210 $50,503 3,287 $59,614 $48,243 3,140 $56,948 $43,495 2,826 $51,253 $42,182 2,685 $48,696 $42,167 2,747 $49,821 $38,900 2,550 $46,248 $38,045 2,470 $44,797 $35,969 2,346 $42,548 $32,656 2,124 $38,522 $32,381 2,152 $39,030 $32,030 2,112 $38,304 $31,343 1,852 $33,589 $30,793 2,016 $36,563 $28,702 1,874 $33,988 $28,427 1,868 $33,879 $25,557 1,662 $30,143 $25,053 1,634 $29,635 $23,145 1,729 $31,358 $22,030 1,434 $26,008 $21,038 1,382 $25,064 $20,916 1,363 $24,720 $19,618 1,277 $23,160 $17,129 1,127 $20,440 $16,122 1,052 $19,079 $15,359 998 $18,100 $15,282 996 $18,064 $13,954 910 $16,504 $12,626 828 $15,017 $11,969 781 $14,165 $11,404 745 $13,512 $10,320 673 $12,206 $6,748 445 $8,071 $6,733 451 $8,180 $6,519 427 $7,744 $5,847 385 $6,983 $5,175 337 $6,112 $4,550 297 $5,387 $2,565 166 $3,011 $337,500,000 $402,150,033 22,173,656 Per Person Amount $15.26691728 $18.13683882 $300,000,000 CARES Act Coronavirus Aid, Relief, and Economic Security Act Background CARES Act appropriated $150 Billion to States, Local Governments, U.S. Territories, and Tribal Governments Cities with populations of less than $300,000 were allocated $275M Based on population, the City of South San Francisco will receive $838,111 in one sixth increments through December 2020 Money must be spent by end of December 2020 Must provide DOF update on spending in September 2020 Guidelines CARES Act payments may only be used to cover costs that: Are necessary expenditures due to the public health emergency with respect to COVID-19; Were not accounted for in the budget most recently approved as of March 27, 2020 for State or governments; and Were incurred during the period that begins on March 1, 2020 and ends on December 30,2020. Potential Projects Program Allocation Landlord Prevention Program $280,000 COVID-19 Sick Time $212,090 After/Out of School Child Care $190,000 Small Business Loan $100,000 IT Remote Work Infrastructure $30,000 Library Services $20,000 Magnolia Senior Center Food Fox Program $6,021 Total Cost $838,111 Questions Christina Fernandez City of South San Francisco christina.fernandez@ssf.net City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-499 Agenda Date:7/22/2020 Version:1 Item #:12a. Resolution authorizing the City Manager for the City of South San Francisco to pursue Coronavirus Aid,Relief, and Economic Security (CARES)Act relief funding,amending the Fiscal Year 2020-21 budget to reflect the receipt of funds, and appropriating the funds for identified programs in specified amounts WHEREAS,the Coronavirus Aid,Relief,and Economic Security Act (CARES)Act established the Coronavirus Relief Fund and appropriated $150 billion to the Fund; and WHEREAS,under the CARES Act the City will receive an estimated $838,111 in unbudgeted funds under the CARES Act and these funds will help to offset costs incurred by the City due to the health and safety impacts of the 2019 Novel Coronavirus (COVID-19); and WHEREAS,funding is contingent on the City’s adherence to federal guidance,the state’s stay at home requirements and other health requirements as directed in gubernatorial Executive Order N-33-20,any subsequent executive orders or statutes,and all California Department of Public Health orders,directives,and guidance issued in response to the COVID-19 health emergency; and WHEREAS,allocations will be made in installments,with the first allocation being one sixth of the total allocation and additional allocation amounts and their timing are still being determined by the Department of Finance; and WHEREAS,all funds must be spent by December 30,2020 on necessary COVID-19 related expenditures that were not previously budgeted for in the City’s most recently approved budget as of March 27, 2020; and WHEREAS,staff recommend that the Fiscal Year 2020-21 budget be amended to reflect the receipt of CARES Act funds,estimated to be $838,111,and the allocation of funds received to specific City programs to offset costs incurred by the City due to the health and safety impacts of COVID-19; and WHEREAS,staff recommend the appropriation of an amount equal to the amount of CARES Act funds received, estimated to be $838,111, to be used for purposes as described in the corresponding staff report; and WHEREAS,staff has determined that the proposed projects meet the Department of Finance goals of addressing the public health and safety impacts of COVID-19 on cities. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager to pursue CARES Act relief funding in the estimated amount of $838,111. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City CouncilCity of South San Francisco Printed on 7/25/2020Page 1 of 2 powered by Legistar™ File #:20-499 Agenda Date:7/22/2020 Version:1 Item #:12a. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the amendment of the adopted Fiscal Year 2020-21 budget in an amount equal to CARES Act funds received,estimated to be $838,111,and hereby appropriates the funds as set forth in the staff report for this resolution. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that if the final amount received is less than the estimate or nominally more than the estimate (less than $10,000),the Finance Director is hereby granted the authority to adjust budgeted revenues and program funding expenses as appropriate without return to Council. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that if the final amount received is greater than the estimated amount by $10,000,staff will return to Council for approval to recognize the additional revenue and commensurate appropriations. ***** City of South San Francisco Printed on 7/25/2020Page 2 of 2 powered by Legistar™