HomeMy WebLinkAbout2016-01-13 E-PACKET
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. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco,
California.
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.
MARK ADDIEGO
Mayor
PRADEEP GUPTA
Vice Mayor
KARYL MATSUMOTO
Councilwoman
RICHARD A. GARBARINO
Councilman
LIZA NORMANDY
Councilwoman
FRANK RISSO
City Treasurer
KRISTA MARTINELLI
City Clerk
MIKE FUTRELL
City Manager
JASON ROSENBERG
City Attorney
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS
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.
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICES BUILDING
COUNCIL CHAMBERS
33 ARROYO DRIVE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, JANUARY 13, 2016
7:00 P.M.
REGULAR CITY COUNCIL MEETING JANUARY 13, 2016
AGENDA PAGE 2
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
PRESENTATIONS
Let's Move Cities, Towns, and Counties Five Gold Medal Award presented to the Mayor
and City Council. (Kelli Jo Cullinan, Recreation Supervisor).
Presentation of New Employees. (Mich Mercado, Human Resources Manager).
PUBLIC COMMENTS
For those wishing to address the City Council on any Agenda or non-agendized item, please
complete a Speaker Card located at the entrance to the Council Chamber’s and submit it to the City
Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public
comment. California law prevents the City Council from taking action on any item not on the
Agenda (except in emergency circumstances). Your question or problem may be referred to staff for
investigation and/or action where appropriate or the matter may be placed on a future Agenda for
more comprehensive action or a report. When your name is called, please come to the podium, state
your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3)
MINUTES PER SPEAKER. Thank you for your cooperation.
COUNCIL COMMENTS/REQUESTS
CONSENT CALENDAR
1. Motion approving the Minutes of meetings of November 18, 2015, December 7, 2015,
December 9, 2015, December 16, 2015 and January 6, 2016.
2. Motion confirming payment registers for January 13, 2016.
3. Resolution approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal
Year 2014-15 and making the required 5-year findings for Unexpended Funds for the
Childcare Impact Fee and Traffic Impact Fee pursuant to the Mitigation Fee Act. (Richard
Lee, Finance Director).
REGULAR CITY COUNCIL MEETING JANUARY 13, 2016
AGENDA PAGE 3
4. Resolution authorizing the City Manager to execute Agreements with the State Board of
Equalization for Implementation of a Local Transactions and Use Tax; and a Resolution
authorizing the Examination of Sales or Transactions and Use Tax Records. (Richard Lee,
Finance Director).
5. Resolution increasing the number of Bicycle and Pedestrian Advisory Committee (BPAC)
members from seven (7) to nine (9) members. (Lawrence Henriquez, Associate Civil
Engineer).
6. Motion to accept the Pump Station No. 4 Jib Crane Repair Project (Project No. ss1505) as
complete in accordance with the plans and specifications (total construction cost
$91,781.23). (Sam Bautista, Principal Engineer and Kathleen Phalen, Swinerton
Management).
7. Resolution authorizing the acceptance of $9,000 in Grant Funding from Pacific Library
Partnership to support a "Wearables for Wellness" Health Technology Collection at the
Main Library and amending the Library Department's 2015-2016 Operating Budget. (Adam
Elsholz, Interim Library Director).
8. Resolution amending the Salary Schedule for the Deputy City Clerk Job Classification in the
Confidential Bargaining Unit effective January 13, 2016. (LaTanya Bellow, HR Director).
9. Resolution approving an Agreement with MuniServices, LLC for Transient Occupancy Tax
and Commercial Parking Tax Audit Services in an amount not to exceed $58,500,
authorizing the City Manager to execute said Agreement, and amending the Fiscal Year
2015-2016 Adopted Budget. (Richard Lee, Finance Director).
ADMINISTRATIVE BUSINESS
10. Resolution amending an existing Consulting Services Agreement with Carollo Engineers for
the Water Quality Control Plant (WQCP) Digester Design Project in an amount not to
exceed $339,814. (Eric Evans, Associate Civil Engineer).
11. Resolution amending the FY 2015-2016 Public Works Operating Budget by $25,000 for
Engineering Studies at the Oyster Point Marina and Park. (Brian McMinn, Public Works
Director)
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
ADJOURNMENT
RESOLUTION NO.____
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE ANNUAL IMPACT
FEE AND SEWER CAPACITY CHARGE REPORT FOR
FISCAL YEAR 2014-15 AND MAKING THE
REQUIRED 5-YEAR FINDINGS FOR UNEXPENDED
FUNDS FOR THE CHILDCARE IMPACT FEE AND
TRAFFIC IMPACT FEE PURSUANT TO THE
MITIGATION FEE ACT
WHEREAS, pursuant to the Mitigation Fee Act (Government Code Section 66000 et
seq.), the City is required to annually report certain information regarding the collection of
development impact fees; and
WHEREAS, under the Mitigation Fee Act, the City is also required to make certain
findings every 5 years regarding unexpended impact fees and summarize those findings in the
annual report(“Report”); and
WHEREAS, the Report for Fiscal Year 2014-15 identifies unexpended impact fees for
the Childcare Impact Fee and Traffic Impact Fee programs for which findings are required; and
WHEREAS, pursuant to Government Code section 66013, the City is also required to
annually report certain information in connection with the collection of Sewer Capacity Charges;
and
WHEREAS, the Report for Fiscal Year 2014-15, attached hereto and incorporated herein
as Exhibit A, contains both the annual reporting information for the City’s development impact
fee programs and the required 5-year findings for unexpended development impact fees for the
Childcare Impact Fee and the Traffic Impact Fee and also contains a section with the necessary
annual information for Sewer Capacity Charges, and
WHEREAS, the Report has been available at City Hall for at least fifteen (15) days prior
to this Council meeting, and was distributed to all Councilmembers in advance of said meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby approves the Report for Fiscal Year 2014-15.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco
hereby makes the findings outlined in the Report for Fiscal Year 2014-15, attached hereto and
incorporated herein as Exhibit A, as required by Government Code Sections 66006.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 9th day of
December, 2015 by the following vote:
AYES: ____________________________________________________________
NOES: _____________________________________________________________
ABSTAIN: _____________________________________________________________
ABSENT: _____________________________________________________________
ATTEST: _______________________________
City Clerk
2556530.1
1
Annual Impact Fee Report
For the City of South San Francisco
For Fiscal Year 2014/2015
This report contains information on the City of South San Francisco’s
development impact fees for Fiscal Year 2014-15. This information is presented
to comply with the annual reporting requirements contained in Government Code
section 66000 et seq. Please note that this annual report is not a budge t
document, but rather is compiled to meet reporting requirements. It is not
intended to represent a full picture of currently planned projects as it only reports
project information, revenues and expenditures for Fiscal Year 2014-15. In
addition, this report contains the required 5-year findings for unexpended funds
for the Childcare Impact Fee and the Traffic Impact Fee pursuant to Government
Code section 66001.
Government Code Section 66006 requires local agencies to submit annual and
five-year reports detailing the status of development impact fees. The annual
report must be made available to the public within 180 days after the last day of
the fiscal year, and must be presented to the public agency (City Council) at least
15 days after it is made available to the public.
This report summarizes the following annual reporting information for each of the
development impact fee programs:
1. A brief description of the fee program.
2. Schedule of fees.
3. Beginning and ending balances of the fee program.
4. Amount of fees collected, interest earned, and transfers/loans.
5. An identification of each public improvement on which fees were expended
and the amount of the expenditures on each improvement, including the total
percentage of the cost of the public improvement that was funded with fees.
6. A description of each interfund transfer or loan along with the date the loan
will be repaid and the rate of interest and a description of the public
improvement on which the transferred or loaned fees will be expended.
7. The estimated date when projects will begin if sufficient revenues are
available to construct the project.
8. The amount of refunds made to property owners.
2
9. Required 5-year Findings for the Childcare Impact and Traffic fee program.
In addition, this report contains information on the City of South San Francisco’s
sewer capacity charges. Government Code Section 66013 requires local
agencies to submit annual reports detailing the status of sewer capacity charges.
The annual report must be made available to the public within 180 days after the
last day of each fiscal year. This report summarizes the following information for
the sewer capacity charges:
1. A description of the charges deposited in the fund.
2. The beginning and ending balance of the fund and the interest earned
from investment of moneys in the fund.
3. The amount of charges collected in that fiscal year.
4. An identification of all of the following:
a. Each public improvement on which charges were expended and the
amount of the expenditure for each improvement, including the
percentage of the total cost of the public improvement that was funded
with those charges if more than one source of funding was used.
b. Each public improvement on which charges were expended that was
completed during that fiscal year.
c. Each public improvement that is anticipated to be undertaken in the
following fiscal year.
5. A description of each interfund transfer or loan from the capital facilities
fund along with the date the loan will be repaid and the rate of interest. In the
case of an interfund transfer, the report identifies the public improvements on
which the transferred moneys are or will be expended.
More detailed information on certain elements of the various fee programs is
available through other documents such as nexus studies, master plans, capital
improvement programs, and budgets.
The City does not typically earmark impact fees for any specific project as the
revenues are collected, but rather the revenues are applied toward a series of
capital improvement projects as outlined in the nexus studies, such as a future
sewer infrastructure, transportation infrastructure, and other capital facilities.
3
TABLE OF CONTENTS
Page
Citywide Impact Fee Program
Childcare Impact Fee Fund (Fund 830)
Overview and Required Findings...................................... 4
Financial Reporting........................................................... 6
Public Safety Impact Fee Fund (Fund 821)
Overview and Required Findings...................................... 7
Financial Reporting........................................................... 8
Plan Area Impact Fee Programs
Oyster Point Interchange Impact Fee Fund (Fund 840)
Overview and Required Findings...................................... 9
Financial Reporting......................................................... 11
Traffic Impact Fee Fund (Fund 820)
Overview and Required Findings.................................... 12
Financial Reporting......................................................... 14
Sewer Impact Fee Fund (Fund 810)
Overview and Required Findings.................................... 15
Financial Reporting......................................................... 17
Other Reportable Citywide Charges
Sewer Capacity Charge Fund (Fund 730)
Overview and Required Findings.................................... 18
Financial Reporting......................................................... 19
Fee Schedules ............................................................................. 20
4
Childcare Impact Fee Program
The nexus study for this citywide impact fee program was adopted by City
Council in 2001. The study identified the need for new and expanded child care
facilities in the City. Updates since 2001 to this fee program have included a
periodic inflation adjustment. The fee program includes a 5% administrative fee.
The estimated cost of the new and expanded facilities included in the nexus
study totaled $43.9 million. The nexus study identified new development’s share
of the cost as 24.6% of the total new and expanded facilities cost. The expected
development impact fee revenue was estimated at $11.3 million, which includes
administrative costs of 5% of total fee revenue. Existing development’s share of
the cost is $33.1 million (75.4% of new facilities) which must be funded with other
funding sources such as the City’s General Fund, grants, developer
contributions, and Community Development Block Grants.
As of June 30, 2015, approximately $2.5 million in fees has been collected,
$670,000 in interest earnings has been credited to the program, and $620,000
has been expended on projects and program administration fees.
Required 5-Year Findings for Unexpended Funds/Annual Reporting
Requirements:
1. The purpose of the Childcare Impact Fee Program is to provide new
development’s share of funding for new and expanded childcare facilities
required at build-out of the City.
2. The reasonable relationship between the childcare impact fee and the
purpose for which it is charged is demonstrated in the South San Francisco
Child Care Facilities Impact Fee Nexus Study dated September 2001 and
adopted November 14, 2001. As of June 30, 2015, there continues to be a
need for new childcare facilities due to the influx of new residents and
additional employees from new developments. Currently, the City runs two
licensed childcare facilities. There is a 4-year waiting list for space at these
facilities; there are 640 children on the waiting list. The City estimates that
there will be 5,000 new residents in the City within the next 5 years. The City
reasonably anticipates that these new residents will require additional
childcare services.
3. The sources and amounts of funding anticipated for completion of the future
new and expanded childcare facilities are in the South San Francisco Child
Care Facilities Impact Fee Nexus Study dated September 2001 and adopted
November 14, 2001. As noted in the nexus study, the source of funding
existing development’s share is a combination of the General Fund, grants,
developer contributions, and Community Development Block Grants.
4. Four projects have been completed using Childcare Impact Fee Program
funding. The approximate date for funding and constructing future facilities
5
will be determined, at the discretion of the City Council, when adequate
additional funds for facility construction have accumulated.
5. The approximate $2.5 million of unexpended impact fee revenue will be used
to fund projects to increase childcare spaces in the City. As stated above, as
of November 24, 2015, there are 640 children on the waiting list for the City’s
childcare programs. Community Care licensing requires 35 square feet of
indoor space per child and 75 square feet of outdoor space per child. A fully
equipped facility with kitchen and staff space for 100 children would require
approximately 5,000 square feet of indoor space. Consequently, in light of
the significant demand, the City requires additional funding/revenue in order
to construct the necessary facilities. The City’s voters recently passed
Measure W, which may provide funding for a new recreational facility within
the City. The City is contemplating using a portion of the unexpended impact
fee revenue to fund additional childcare facility space at the new recreational
facility. Construction of other childcare facilities would require the
expenditure of General Fund reserves, which are designated for any purpose
at the discretion of the City Council. Thus, the approximate date for funding
and construction of additional childcare facilities is dependent on the
Council’s prioritization of these projects. The funding source of existing
development’s share of these projects will be the City’s General Fund, less
any grant funds and developer contributions received.
6. There are no potential refunds of Childcare Impact fees to property owners.
7. There were not any interfund transfers or loans
6
Childcare Impact Fee (Fund 830)
This citywide development impact fee program funds new development’s fair
share of new and expanded childcare facilities to serve the City.
Beginning balance, July 1, 2014 $ 1,995,688
Additions
Childcare impact fees collected $ 477,806
Interest earned 18,701
Total additions 496,507
Disbursements % Fee Funded
City administration 2,500 100%
Projects 0
Total disbursements (2,500)
Remaining balance as of June 30, 2015 $ 2,489,695
Planned projects for Fiscal Year 2015/16 % Fee Funded
There are no planned projects for
Fiscal Year 2015/16 0
Remaining balance after planned projects $ 2,489,695
7
Public Safety Impact Fee Program
The nexus study for this citywide impact fee program was adopted by City
Council in 2012. The study identified the need for new and expanded public
safety capital facility and equipment to support new development projects. This
fee program also includes an annual inflation adjustment. The fee program
includes a 2% administrative fee. The estimated cost of the new and expanded
public safety equipment and facilities included in the nexus study totaled $40.4
million. The nexus study identified new development’s share of the cost at $10.4
million (25.6% of the total new and expanded equipment and facilities cost).
Existing development’s share of the cost is $30.0 million (74.4% of new
equipment and facilities) which must be funded with other funding sources such
as the City’s General Fund, grants, or developer contributions.
As of June 30, 2015, approximately $299,000 in fees have been collected,
$2,000 in interest earnings have been credited to the program, and no money
has yet been expended on projects or fee program administration.
Annual Reporting Information:
1. The Public Safety Impact Fee is collected to provide new development’s
share of funding for new and expanded public safety capital facility and
equipment required at build out of the City.
2. See page 20 for the fee schedule outlining the amount of the fee; See page
8 for beginning and ending balance of the account for this fee and for the
amount of fees collected and interest earned.
3. No projects have been completed using the Public Safety Impact Fee
Program funding. The approximate date for funding and constructing future
facilities and procuring future equipment will be determined when adequate
additional funds have accumulated.
4. There were not any interfund transfers or loans
5. There are no potential refunds of Public Safety Impact Fees to property
owners
8
Public Safety Impact Fee (Fund 821)
This citywide development impact fee program funds new development’s fair
share of new and expanded capital facility and equipment to serve the City.
Beginning balance, July 1, 2014 $72,992
Additions
Public Safety impact fees collected – Fire $ 159,747
Public Safety impact fees collected - Police 66,999
Interest earned 1,392
Total additions 228,138
Disbursements
Projects 0
Total disbursements 0
Remaining balance as of June 30, 2015 $ 301,130
Planned projects for Fiscal Year 2015/16
% Fee Funded
New Cardiac Monitors 97,280 25.6%
Replace Safety Clothing 26,368 25.6%
Total planned projects for Fiscal Year 2015/16 (123,648)
Remaining balance after planned projects $ 177,482
9
Oyster Point Interchange Impact Fee Program
The City Council adopted this plan area fee program on May 23, 1984 using a
February 1983 Feasibility Study prepared by Nolte and Associates in conjunction
with Resolution No. 71-84 which created the “Oyster Point Contribution Formula”.
The 1983 Feasibility Study identified the need for the Oyster Point Interchange
project which was, at that time, referred to as the grade separation project.
Updates to the fee program since 1984 include the following:
1. An ongoing monthly inflation adjustment.
2. June 26, 1996 fee program change via Resolution No. 102-96 that included
adjustments for:
a) the inflationary index that reduced the fee by approximately 22%,
b) the project description which increased the scope of the project to
include the Terrabay hook ramps and the southbound off-ramp flyover,
and
c) the use of more current trip generation rates
3. October 9, 1996 fee program change via Resolution No. 152-96 that added
additional land uses with their associated trip generation rates.
The Feasibility Study identified new development’s share of the grade separation
project cost at 64.8% and existing development’s share of the cost at 35.2%.
The grade separation was completed and funded in 1995 and is not part of this
annual report. The increased scope portion of the project, added in 1996, was
identified as being 100% the responsibility of new development. Of this
additional scope, the flyover, estimated to cost $6.4 million, was completed in
2005, and the hook ramps, estimated to cost $15 million, were completed in
October 2006. Additional work relating to property transfers and gaining final
Caltrans project acceptance is on-going.
Annual Reporting Information
1. The purpose of the Oyster Point Interchange Impact Fee Program is to
provide new development’s share of funding for this project required at build-
out of the plan area.
2. The construction portion of the flyover and hook ramps is completed and
funding through the fee program will continue through build-out of the plan
area. As impact fees are collected, they will be used to pay back the
Successor Agency to the Redevelopment Agency for the advance of $14.45
million.
3. See page 21 for the fee schedule outlining the amount of the fee; See page
11 for beginning and ending balance of the account for this fee and for the
amount of fees collected and interest earned.
10
4. There are no potential refunds of Oyster Point Interchange Impact Fees to
property owners.
5. The fund has one loan from the former Redevelopment Agency. The
amount owed as of June 30, 2015 is approximately $11.4 million. Since the
dissolution of the Redevelopment Agency in 2012, the interest rate charged
by the Successor Agency is 0%. The loan is repaid as new impact fee
revenue is received. Because the amount of future impact fee revenue is
unknown, the repayment date is unknown.
11
Oyster Point Interchange Impact Fee (Fund 840)
This plan area development impact fee program funds new development’s fair
share of the Oyster Point Interchange project.
Beginning balance, July 1, 2014 $ 24,615
Additions
Fees collected $ 352,410
Interest earned 1,182
Total additions 353,592
Disbursements
% Fee
Funded
Projects 0
Repayment of RDA Loan 352,674 100%
Total disbursements
(352,674)
Remaining balance as of June 30, 2015 $ 25,533
Planned Projects for Fiscal Year 2015/16
% Fee
Funded
U.S. 101 Off Ramp/Hook Ramps (st1013)
38,366
100%
U.S. 101 Flyover to Oyster Point (st1014)
14,196
100%
Total Planned Projects in Fiscal Year
2015/16 (52,562)
Remaining Balance After Planned
Projects (27,029)
Loans to Oyster Point Interchange Fee Fund
from Successor Agency to RDA
Due Date
and Interest
Rate
Balance, July 1, 2014
11,722,826
None &
None
Less payment during fiscal year
(352,674)
Balance, June 30, 2015 (11,370,152)
Fees available (future fees required) for
current and completed projects [1] $ (11,397,181)
[1] Includes the Successor Agency loan of $11.4 million.
12
Traffic Impact Fee Program
The 2001 nexus study for this plan area fee was adopted by City Council in 2002.
The study identified the need for new and expanded roadway and intersection
improvements to serve the area located east of US 101 in the City. The study
was updated on May 6, 2005 and on July 19, 2007. This fee program includes
an annual inflation adjustment and a 2.5% administrative fee. The estimated
cost of the new and expanded facilities included in the 2007 study totaled $38.5
million ($32.4 million in net cost after accounting for fees already received).
There are 26 road improvements listed in the 2007 study and two studies for a
total of 28 projects. The study determined that new development would be
responsible for 100% of the cost of the 28 projects.
As of June 30, 2015, approximately $12.0 million in fees have been collected,
$2.0 million in interest earnings have been credited to the program, and $7.8
million has been expended on projects and fee program administration.
Required 5-Year Findings for Unexpended Funds/Annual Reporting
Requirements
1. The purpose of the Traffic Impact Fee Program is to provide new
development’s share of funding for new and expanded roadway and
intersection improvements to serve the area located east of US 101 at build-
out of the plan area.
2. The reasonable relationship between the traffic impact fee and the purpose
for which it is charged is demonstrated in the Traffic Impact Fee Study
Updated East of 101 Area. The fee study determined that 6,538 PM Peak
Hour Trips would be generated by the growth in the East of 101 Area upon
General Plan build-up. In order to mitigate the increase in PM Peak Hour
trips, a list of traffic improvements was prepared. As of June 30, 2015, there
continues to be a need for new Traffic Impact Fees due to further
development east of Highway 101, including several large developments
under construction or in the planning stages.
3. The sources and amounts of funding anticipated for completion of the future
new and expanded roadway and intersection improvements are in the Traffic
Impact Fee Study Updated East of 101 Area.
4. Of the 26 improvement projects listed in the nexus study, six are currently
under construction. A traffic study, which will prioritize the construction of the
new and expanded facilities listed in the nexus study is in progress. The
projects currently underway are shown in the Fiscal Year 2014-15 Capital
Improvement Program (CIP) budget. The remaining nexus study projects will
be programmed in future years’ CIP budgets. Note that after the build-out of
the east of Highway 101 area is completed, it is anticipated that traffic levels
will be even higher than was projected in the 2007 study, and that additional
projects will be needed to mitigate the increased traffic.
13
5. Of the approximate $5.9 million of unexpended traffic impact fee revenue,
$3.7 million is budgeted to be expended on projects in Fiscal Year 2015-16
(see table on page 14). The remaining $2.2 million will be used to fund
projects in subsequent years, such as the design of projects listed in the
original and updated fee studies. The approximate date of funding to
complete financing of projects identified in the nexus study and the traffic fee
study updates is unknown, as the sole source of funding is the traffic impact
fee, which is dependent on the implementation of new developments. Based
on the findings in the nexus study, new development is responsible for 100%
of the cost.
6. There are no potential refunds of Traffic Impact Fees to property owners.
7. There were not any interfund transfers or loans.
14
Traffic Impact Fee (Fund 820)
This plan area development impact fee program funds new development's fair
share of new and expanded roadway and intersection improvements east of US
101 to serve the City.
Beginning balance, July 1, 2014 $ 6,795,927
Additions
Fees collected $ 1,411,851
Interest earned 50,753
Total additions 1,462,604
Disbursements % Fee Funded
City administration 2,500 100%
South Airport Blvd/Utah Ave (TIF #20 & tr1010) 1,407,510 100%
Traffic Impact Fee Study (tr1013) 15,196
Grand/East Grand (TIF #26 & tr1103) 19,189 100%
Oyster Point Blvd/Route 101 Northbound On-Ramp
(TIF #35 & tr1105) 527,685
100%
101 Northbound Off-Ramp to E Grant/Executive (TIF
#38 & tr1107) 340,152
100%
US-101 Produce Avenue Interchange (TIF #39 &
tr1404) 1,449
0.6%
Total disbursements (2,313,681)
Remaining Balance as of June 30, 2015 $ 5,944,850
Planned Projects for Fiscal Year 2015/16 % Fee Funded
South Airport Blvd/Utah Ave (TIF #20 & tr1010) 541,642 100%
Traffic Impact Fee Study (tr1013) 116,458 100%
Grand/East Grand (TIF #26 & tr1103) 298,522 100%
Oyster Point Blvd/Route 101 Northbound On-Ramp
(TIF #35 & tr1105) 1,256,346
100%
Airport Blvd/Miller Ave (TIF #12 & tr1102) 5,772 100%
Airport Blvd/Grand Ave (TIF #13 & tr1104) 7,289
101 Northbound Off-Ramp to E Grant/Executive (TIF
#38 & tr1107) 68,907
100%
Gateway/E. Grand Traffic Improvements (tr1004) 203,986 100%
US-101 Produce Avenue Interchange (TIF #39 &
tr1404) 9,788
5%
E. Grand, Gateway & Forbes Intersection (tr1602) 600,000 100%
Oyster Pt., Gateway & Veterans Intersection (tr1603) 600,000 100%
Total planned projects for Fiscal Year 2015/16 (3,708,710)
Remaining balance after planned projects $ 2,236,140
15
Sewer Impact Fee Program
The 2002 nexus study for this plan area fee was adopted by City Council in 2002.
The study identified the need for new and rehabilitated sewer collection and
treatment facilities to serve the area located east of US 101 in the City. This fee
program also includes an annual inflation adjustment. The estimated cost of the
20 new and expanded sewer projects included in the study totaled $21.4 million.
The study identified new development’s share of the cost of the required facilities
at $15.5 million (72.4% of the total new and expanded facilities cost) while
existing development’s share of the cost (existing deficiency) is $5.9 million
(27.6% of new facilities). New development’s share of the cost, $15.5 million
was increased to include some master planning costs ($425,000) and some
CEQA reviewing costs ($600,000) for a total cost to new development of
$16,425,000. Of that amount, $12,429,000 was to be sewer impact fee funded
and $4,066,000 was to be funded directly by developer contributions. Of the
twenty total projects listed in the nexus study, eleven projects are either fully or
partially funded with the sewer impact fee funds, four are existing development’s
responsibility, four are to be funded by developer contributions, and one is to be
funded with a combination of developer contributions and revenues from existing
development. Existing development’s share will be funded with the sewer
charges appearing on property tax bills as a direct levy.
As of June 30, 2015, approximately $7.6 million in fees (including a prepayment
from a large bio-technology firm) has been collected, $400,000 in interest
earnings has been credited to the program, and $6.1 million has been expended
on projects and fee program administration.
Annual Reporting Information:
1. The purpose of the Sewer Impact Fee Program is to provide new
development’s share of funding for new and rehabilitated sewer collection and
treatment facilities to serve the area located east of US 101 at build-out of the
plan area.
2. See page 21 for the fee schedule outlining the amount of the fee; See page
17 for beginning and ending balance of the account for this fee and for the
amount of fees collected and interest earned.
3. Six of the eleven projects listed in the nexus study to be funded fully or
partially from sewer impact fees have been started and four of those are
completed. The projects currently underway are shown in the Fiscal Year
2015-16 CIP budget. The remaining nexus study projects will be
programmed in future years’ CIP budgets.
4. As of June 30, 2015, the Sewer Impact Fee Program does not have any
unexpended funds. The fund balance at end of Fiscal Year 2014-15 is
approximately negative $40,000 (the fund has $1.93 million in cash balance,
which includes $1.97 million in prepaid/unearned fee revenue).
16
5. There are no potential refunds of Sewer Impact Fees to property owners.
17
Sewer Impact Fee (Fund 810)
This plan area development impact fee program funds new development's fair
share of new and rehabilitated sewer collection and treatment facilities to serve
the area located east of US 101 in the City.
Beginning balance, July 1, 2014 $ 1,474,649
Additions
Fees collected $ 459,624
Interest earned 12,837
Net Fee Credit Permits 0
Total additions 472,461
Disbursements % Fee Funded
City administration 2,500 100%
Littlefield Ave. (So) Subtrunk
Repair/Upgrade (ss1023) 16,191
Total Disbursements (18,691)
Remaining balance as of June 30, 2015 $ 1,928,419
Planned Projects for Fiscal Year 2015/16 % Fee Funded
Littlefield Ave. (So) Subtrunk
Repair/Upgrade (ss1023)
46,817
80%
Total Planned Projects in Fiscal Year
2015/16 (46,817)
Remaining Balance After Planned
Projects 1,881,602
Loans to Sewer Impact Fee Fund
Due Date and
Interest Rate
Developer Prepayment for East Grand
Avenue Subtrunk project (ss1014) [1] (1,969,879)
None & Pooled
City Rate
Fees available (future fees
required) for current and
completed projects [2] $ (88,277)
[1] The developer prepaid the sewer impact fees to allow for earlier construction of project
ss1014 and receives credit against future sewer impact fee obligations.
[2] Includes the $2.0 million developer prepayment.
18
Sewer Capacity Charge Program
The original analysis was adopted by City Council in 2000 and annual updates
included a preset adjustment to the charges based on borrowing costs. The
most current Sewer Capacity Charge Analysis by Bartle Wells & Associates is
dated August 26, 2009 and was adopted by City Council in April of 2010 to be
effective in Fiscal Year 2010-11. This analysis identifies the need for sewer
collection and treatment capacity in the City. The estimated capital investment
(cost less depreciation) of the collection and treatment facilities was included in
the analysis and totaled $161.2 million in 2009 dollars ($63.5 million from the
2000 analysis). The analysis identified the capacity charge as a cost recovery
charge associated with providing collection and treatment capacity to new
development, both through the existing infrastructure provided, and through
future capital projects not funded by the Sewer Impact Fee Program located East
of 101. Existing development’s share of the benefit of these facilities is funded
from sewer charges appearing on property tax bills as a direct levy.
As of June 30, 2015, approximately $1.4 million in sewer capacity charge
revenues has been collected and $36,000 in interest earnings has been credited
to the program since the July 2010 update became effective. During this
timeframe, approximately $1.2 million has been expended on projects and
program administration.
Annual Reporting Information:
1. The sewer capacity charges do not exceed the estimated reasonable costs of
providing the facilities for which the fee is charged (see § 66013, subd. (a)).
2. The sewer capacity charges accounting and reporting requirements are being
met, i.e., the revenues are kept in a separate fund and the City provides annual
reports on the use of the funds collected (see § 66013, subds. (c) and (d)). Since
the update for the sewer capacity charges went into effect in Fiscal Year 2010-
11, $1.2 million of collected sewer capacity charges has been spent on Water
Quality Control Plant upgrades.
3. There were not any interfund transfers or loans
19
Sewer Capacity Charges (Fund 730)
This fee program funds the cost associated with providing collection and
treatment capacity to new development, both through the existing infrastructure
provided, and through future capital projects not funded by other sources.
Beginning Balance, July 1, 2014 $326,897
Charges collected $210,189
Interest earned $3,783
Total Additions $213,972
Disbursements % Charge Funded
City Administration $2,500 100%
Projects $ 0
Total Disbursements $2,500
Remaining Balance, June 30, 2015 $538,369
Planned Projects for Fiscal Year 2015/16 Amount % Charge Funded
No projects are planned $0
Remaining Balance After Planned Projects $538,369
20
Fee Schedules for 2014-15
Childcare Impact Fee Rates for Fiscal Year 2014-15
Land Use per Unit or per Gross Sq. Ft. (GSF)
Residential
Low Density $1,979 per unit
Medium Density $1,858 per unit
High Density $1,851 per unit
Other Residential $1.28 per GSF
Commercial/Industrial
Commercial / Retail $0.68 per GSF
Hotel / Visitor Services $0.18 per GSF
Office / R&D $0.57 per GSF
Other Non-Residential $0.54 per GSF
Public Safety Impact Fee Rates for Fiscal Year 2014-15
Land Use per Unit or per Square Foot (SF)
Residential
Low Density $1,285 per unit
Medium Density $810 per unit
High Density $563 per unit
Commercial/Industrial
Commercial / Retail $0.44 per SF
Hotel / Visitor $0.42 per SF
Office / R&D $0.44 per SF
Industrial $0.18 per SF
21
Fee Schedules for 2014-15
Oyster Point Interchange Impact Fee Rates for Fiscal Year 2014-15
The impact fee is calculated by multiplying the number of vehicle trips by $154
and by the percentage increase in the Construction Cost Index (CCI) as
published in the Engineering News-Record (ENR) from the date of adoption,
when the CCI was 6,552.16, to the current effective CCI.
Vehicle Trips are based on average daily traffic (ADT). The rates shown below
are based on 1,000 gross square feet of land use.
The ENR CCI published in April is used to calculate annual increases. The CCI
for April 2013 and 2014 were 10,373.34 and 10,894.84, respectively, resulting in
a percentage increase of 5.0%.
Land Use ADT Trip Rate per 1,000 GSF
General Industrial 5.46
Manufacturing 3.99
Warehousing 4.50
Hotel 10.50
General Office Building 12.30
Research & Development (R&D) 5.30
Restaurant (Dinner House/High Turn-over) 56.30 / 164.40
General Commercial 48.00
Traffic Impact Fee Rates for Fiscal Year 2014-15
Area of Building x Land Use Fee where the Land Use Fee is:
R&D = $5.48 per building sq. ft.
Hotel = $1,275.04 per room
Commercial = $22.70 per building sq. ft.
Sewer Impact Fee Rates for Fiscal Year 2014-15 Gallons per area x area x $4.46. The generation rate for all land use is 400
gallons per day per 1,000 square feet of building area.
22
Sewer Capacity Charge for Fiscal Year 2014-15
The fee is updated each calendar year. For both calendar years 2014 and 2015,
the fee was $3,944 per EDU. An EDU, or Equivalent Dwelling Unit, is the
amount and strength of sewage equivalent to that discharged by a single-family
residence. EDU = (0.00347 x Q) + (0.362 x BOD) + (0.589 x TSS). Q = gallons
per day of sewage to be discharged; BOD = pounds per day of biochemical
oxygen demand to be discharged; TSS = pounds per day of total suspended
solids to be discharged.
2564849.1
Staff Re ort
DATE:
TO:
FROM:
SUBJECT:
January 13, 2016
Mayor, Vice Mayor and Councilmembers
Richard Lee, Director of Financ" R( _
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR
IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX;
AND A RESOLUTION AUTHORIZING THE EXAMINATION OF SALES
OR TRANSACTIONS AND USE TAX RECORDS.
RECOMMENDATION
It is recommended that the city council adopt a resolution authorizing the city Manager
to execute agreements with the State Board of Equalization for implementation of a local
Transactions and use Tax; and a resolution authorizing the examination of sales or
transactions and use tax records.
BACKGROI.JND/DISCUS SION
In July 2015, the city council approved by unanimous vote to place a half-cent, 30-year local
sales tax measure on the November 2015 ballot. South San Francisco residents approved the
ballot measure by a margin of 60 to 40 percent. The State Board of Equalization (sBoE)
requires the attached agreements to be executed and submitted by February 1,2016. The
agreements authorize the SBOE to collect, administer and operate the Sales and Use Tax (District
Tax) beginning April 1, 2016.
The second resolution provides MuniServices, the City's sales tax consultant, with the authority
to access data from the SBOE, which will ensure that they can continue to monitor, analyze and
report on the District Tax. There are two major firms in Califomia that provide this service.
MuniServices and HdL.
CONCLUSION
Approval of the first resolution will authorize the City Manager to execute agreements with the
SBoE to collect, administer and operate the Sales and Use Tax approved by South San Francisco
voters. Approval of the second resolution will authorize MuniServices to access District Tax
data from the SBOE for monitoring and reporting purposes.
StafrReport
To: Mayor, Vice Mayor and Councilmembers
Re: Resolution Authorizing City Manager to Execute Agreements with State Board of Equalization
Date : January 11,2016
Page2
Richard Lee
Director of Finance
Mike
City Manager
Attachment: Resolution Authorizing the City Manager to Execute Agreements with the SBOE
Resolution Authorizing the Examinatiqr of Sales or Transactions and Use Tax Records
Agreement for State Administration oflCity Transactions and Use Taxes
Agreement for Preparation to Adminiiter and Operate City's Transactions and Use Ta.x
Ordinance
RESOLUTION NO.____
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AGREEMENTS WITH THE
STATE BOARD OF EQUALIZATION TO COLLECT,
ADMINISTER AND OPERATE A SALES OR
TRANSACTION AND USE TAX AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID AGREEMENTS
WHEREAS, on July 22 2015, the City Council of the City of South San Francisco
(“City”) unanimously approved Resolution # 90-2015 to place a half-cent, 30-year local sales tax
measure on the November 2015 ballot (“Measure W”); and
WHEREAS, City residents approved Measure W by a margin of 60 percent; and
WHEREAS, the transaction and use tax approved by Measure W will go into effect on
April 1, 2016; and
WHEREAS, in order to impose the tax, the State Board of Equalization requires the
City to execute and submit certain agreements (“Agreements”), attached hereto as Exhibit A, by
February 1, 2016; and
WHEREAS, the City Council has has examined and approved such Agreements as to
both form and content, and desires to enter into said Agreements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South
San Francisco hereby approves the Agreements and authorizes the City Manager to execute the
Agreements with the State Board of Equalization for and on behalf of the City of South San
Francisco, and the Clerk of this City Council shall attest the City Manager’s signature thereto.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City
Council of the City of South San Francisco at a regular meeting held on the 13th day of January,
2016, by the following vote:
AYES: ___________________________________________________________ _
NOES: _____________________________________________________________
ABSTAIN: _____________________________________________________________
ABSENT: _____________________________________________________________
ATTEST: _______________________________
City Clerk
2567591.1
-1-
RESOLUTION NO.________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPOINTING REPRESENTATIVES OF THE
CITY AND AUTHORIZING SAID REPRESENTATIVES TO
EXAMINE SALES AND TRANSACTIONS AND USE TAX
RECORDS MAINTAINED BY THE STATE BOARD OF
EQUALIZATION
WHEREAS, pursuant to Ordinance No. _____________, the City of South San Francisco
(“City”) entered into certain agreements (“Agreements”)with the State Board of Equalization
(“Board”) to perform all functions incident to the administration and collection of local sales and
transaction and use taxes imposed pursuant to a tax ballot measure passed in November of 2015
(“Measure W”); and
WHEREAS, the City deems it necessary for authorized representatives of the City to examine
confidential sales and transactions and use tax records of the Board pertaining to sales and transactions
and use taxes collected by the Board for the City; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of Board records and establishes criminal penalties for
the unlawful disclosure of information contained in, or derived from sales or transactions and use tax
records of the Board; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code requires that any
person or entity designated by City to examine the Board’s records, other than an officer or employee
of the City, shall have an existing contract to examine the City’s sales and transactions and use tax
records.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby declares as follows and takes the following action:
Section 1. The Finance Director or other officer or employee of City designated in writing by the
Finance Director to the Board is hereby appointed to represent the City and has authority to examine
all of the sales and transactions and use tax records of the Board pertaining to sales and transactions
and use taxes collected for City by the Board pursuant to the Agreements between the City and the
Board. The information obtained through examination of Board records shall be used for purposes
related to the collection of City’s sales and transactions and use taxes by the Board pursuant to the
Agreements.
Section 2. The Finance Director, or other officer or employee of City designated in writing by the
Finance Director to the Board, is also hereby appointed to represent City and has the authority to
examine those sales and transactions and use tax records of the Board for purposes related to the
following governmental functions of the City:
a) tracking and economic development
b) forecasting and budget related functions
c) detection of misallocations and deficiencies
-2-
The information obtained through examination of Board records shall be used only for those
governmental functions of City listed above.
Section 3. MuniServices, LLC is hereby designated and authorized to examine all of the sales and
transactions and use tax records of the Board pertaining to all sales and use taxes collected for City and
any transaction and use taxes collected for City under the following Transactions and Use Tax
Ordinances and any future Transactions and Use Tax Ordinances that may be enacted in the City:
City of South San Francisco Measure W: A one-half cent local transaction and use tax in the City of
South San Francisco; effective on 4/1/2016.
The City Council finds that the person or entity designated by this section meets all of the following
conditions:
a) has an existing contract with City to examine sales and transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from those sales and
transactions and use tax records only to an officer or employee authorized under Section 1 (or
Section 2) of this resolution to examine the information;
c) is prohibited by that contract from performing consulting services for a retailer during the term
of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those
sales and transactions and use tax records after that contract has expired.
BE IT FURTHER RESOLVED that the City Council hereby declares that the information obtained
by examination of Board records shall be used only for purposes related to the collection of City’s
sales and transactions and use taxes by the Board pursuant to the Agreements between City and the
Board and for purposes relating to the governmental functions of City listed in Section 2 of this
resolution.
BE IT FURTHER RESOLVED that the City Council hereby declares that this resolution supersedes
all prior sales and transactions and use tax resolutions of City adopted pursuant to subdivision (b) of
Revenue and Taxation Code Section 7056.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City
Council of the City of South San Francisco at a regular meeting held on the 13th day of January, 2016
by the following vote:
AYES: ___________________________________________________________________
NOES: ___________________________________________________________________
ABSTAIN: ___________________________________________________________________
ABSENT: ___________________________________________________________________
ATTEST: _______________________________
City Clerk
2567853.1
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of has adopted, and the voters of the City of
(hereafter called “City” or “District”) have approved by the required majority vote, the
City of Transactions and Use Tax Ordinance (hereafter called
“Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2
of the Revenue and Taxation Code and the Ordinance, the State Board of Equalization, (hereinafter
called the “Board”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance No. , as amended from time to time, or as
deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Board and City agree that the Board shall perform exclusively all
functions incident to the administration and operation of the City Ordinance.
(Rev. 11/15) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the
administration and operation of the State Sales and Use Tax Law which are not inconsistent with Part
1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and
operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may
be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from
that Fund for any authorized purpose, including making refunds, compensating and reimbursing the
Board pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is
entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed
limits or by final judgment of any court of the State of California holding that City’s ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Board shall prescribe and adopt such rules and regulations as in its judgment
are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Board shall give no preference in applying money received for state sales and use
taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
(Rev. 11/15) 3
F. Security. The Board agrees that any security which it hereafter requires to be furnished by
taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available
for the payment of the claims of City for district taxes owing to it as its interest appears. The Board
shall not be required to change the terms of any security now held by it, and City shall not participate
in any security now held by the Board.
G. Records of the Board.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Board agrees to permit authorized personnel of the City to examine
the records of the Board, including the name, address, and account number of each seller holding a
seller’s permit with a registered business location in the City, pertaining to the ascertainment of
transactions and use taxes collected for the City. Information obtained by the City from examination
of the Board's records shall be used by the City only for purposes related to the collection of
transactions and use taxes by the Board pursuant to this Agreement.
H. Annexation. City agrees that the Board shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Board. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Board's contracts with all districts that impose
transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the
Revenue and Taxation Code:
(Rev. 11/15) 4
1. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
of the Board, to all districts with which the Board has contracted using ratios reflected by the
distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Board,
and all amounts refunded or credited may be distributed or charged to the respective districts in the
same ratio as the taxpayer's self-declared district taxes for the period for which the determination,
billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Board in determining the place of
use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Board as the Board's cost of administering the City Ordinance
such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by
the Board for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to time
designate. A notification is complete when deposited in the mail.
(Rev. 11/15) 5
Communications and notices to be sent to the Board shall be addressed to:
State Board of Equalization
P.O. Box 942879
Sacramento, California 94279-0032
Attention: Supervisor,
Local Revenue Allocation Unit
Communications and notices to be sent to the City shall be addressed to:
______________________________________________________
______________________________________________________
______________________________________________________
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on . This Agreement shall continue
until December 31 next following the expiration date of the City Ordinance, and shall thereafter be
renewed automatically from year to year until the Board completes all work necessary to the
administration of the City Ordinance and has received and disbursed all payments due under that
Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Board written notice of the repeal of
the City Ordinance not less than 110 days prior to the operative date of the repeal.
(Rev. 11/15) 6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that
the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Board the moneys retained in escrow, including any accumulated interest, within ten
days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-
appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Board may retain all payments made by City to Board to prepare to administer the City
Ordinance.
2. City will pay to Board and allow Board to retain Board's cost of administering the City
Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Board or to the State of California the amount of any taxes plus interest
and penalties, if any, that Board or the State of California may be required to rebate or refund to
taxpayers.
(Rev. 11/15) 7
4. City will pay to Board its costs for rebating or refunding such taxes, interest, or
penalties. Board's costs shall include its additional cost for developing procedures for processing the
rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Board's staff for use in making these rebates or refunds and any other costs
incurred by Board which are reasonably appropriate or necessary to make those rebates or refunds.
These costs shall include Board's direct and indirect costs as specified by Section 11256 of the
Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting,
and personnel records currently maintained by the Board. The billings for such costs may be presented
in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Board in refunding taxes shall be
referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Board in connection with such refunds shall be billed by Board on or
before the 25th day of the second month following the month in which the judgment of a court of the
State of California holding City's Ordinance invalid or void becomes final. Thereafter Board shall bill
City on or before the 25th of each month for all costs incurred by Board for the preceding calendar
month. City shall pay to Board the amount of such costs on or before the last day of the succeeding
month and shall pay to Board the total amount of taxes, interest, and penalties refunded or paid to
taxpayers, together with Board costs incurred in making those refunds.
CITY OF STATE BOARD OF EQUALIZATION
By By
(Signature) Lawrence Micheli, Supervisor
Local Revenue Allocation Unit
(Typed Name)
(Title)
1
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of ______________________________, hereinafter called City, and the
STATE BOARD OF EQUALIZATION, hereinafter called Board, do agree as follows:
1. The Board agrees to enter into work to prepare to administer and operate a transactions and
use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been
approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Board at the times and in the amounts hereinafter specified all of
the Board's costs for preparatory work necessary to administer the City's transactions and use tax
ordinance. The Board's costs for preparatory work include costs of developing procedures,
programming for data processing, developing and adopting appropriate regulations, designing and
printing forms, developing instructions for the Board's staff and for taxpayers, and other appropriate
and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall
include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Board. The billings for costs may be
presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Board shall be referred to
the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Board shall be billed by the Board periodically, with the
final billing within a reasonable time after the operative date of the ordinance. City shall pay to the
Board the amount of such costs on or before the last day of the next succeeding month following the
month when the billing is received.
6. The amount to be paid by City for the Board's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
2
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Board shall be addressed to:
State Board of Equalization
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Supervisor,
Local Revenue Allocation Unit
Communications and notices to be sent to City shall be addressed to:
________________________________________________
________________________________________________
________________________________________________
8. The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Board has received all payments
due from City under the terms of this agreement.
CITY OF STATE BOARD OF EQUALIZATION
By By
(Signature) Lawrence Micheli, Supervisor
Local Revenue Allocation Unit
(Typed Name)
(Title)
(Rev. 11/15)
Staff Report
DATE: January 13, 2016
TO: Mayor, Vice Mayor and Councilmembers
FROM: LaTanya Bellow, Human Resources Director
SUBJECT: RESOLUTION AMENDING THE SALARY SCHEDULE FOR THE
DEPUTY CITY CLERK JOB CLASSIFICATION IN THE CONFIDENTIAL
BARGAINING UNIT EFFECTIVE JANUARY 13, 2016
RECOMMENDATION
It is recommended that the City Council adopt a resolution amending the salary schedule,
effective January 13, 2016, by modifying the salary range for the existing job classification
of Deputy City Clerk in the Confidential bargaining unit.
BACKGROUND/DISCUSSION
Bryce Consulting studied the new job classification of the City Clerk Records Technician that
was created in November 2015 and reviewed the organizational structure of the City Clerk’s
Office including the Assistant City Clerk position.
Bryce Consulting determined the Assistant City Clerk was performing work comparable to the
newly established City Clerk Records Technician. Since the title of “Assistant City Clerk” is
more commonly used for the City’s “Deputy City Clerk” job classification, the consultant
recommended that the City abolish the Assistant City Clerk job classification and reclassify the
incumbent Assistant City Clerk as a City Clerk Records Technician.
The salary schedule of the City Clerk Records Technician is comparable to the salary schedule of
the Deputy City Clerk. The Deputy performs higher level duties and will have managerial
responsibility for the Technicians and, therefore, the salary should be higher. The consultant
recommended that the Deputy City Clerk salary schedule be increased by 10% accordingly.
DEPUTY CITY CLERK Hourly Rate 30.42 31.94 33.54 35.21 36.97
(Set internally at Tech + 10%) Monthly 5,272.37 5,535.99 5,812.79 6,103.43 6,408.60
CITY CLERK RECORDS
TECHNICIAN
Hourly Rate
27.65 29.03 30.49 32.01 33.61
Monthly 4,793.06 5,032.72 5,284.35 5,548.57 5,826.00
Staff Report
Subject: RESOLUTION AMENDING THE SALARY SCHEDULE FOR THE
DEPUTY CITY CLERK JOB CLASSIFICATION IN THE CONFIDENTIAL
BARGAINING UNIT EFFECTIVE JANUARY 13, 2016
Page 2 of 2
A comprehensive classification and compensation study of the Deputy City Clerk is planned in
conjunction with the mid-year budget review process. With the recent hiring of a new Deputy
City Clerk, this study will be based upon the actual duties and responsibilities in the office.
FUNDING
The amended salary schedule for the existing Deputy City Clerk job classification will not impact
the current fiscal year due to salary savings resulting from the Deputy City Clerk position having
been vacant for the first six months of this fiscal year.
CONCLUSION
By approving a resolution amending the salary schedule for the Deputy City Clerk in the
Confidential unit, the issue of salary compaction between job classifications can be alleviated.
Prepared by: Approved by:
LaTanya Bellow
Human Resources Director
Mike Futrell
City Manager
Attachments: Resolution
Job Descriptions
RESOLUTION NO. ____
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION AMENDING THE SALARY SCHEDULE FOR
THE DEPUTY CITY CLERK JOB CLASSIFICATION IN THE
CONFIDENTIAL BARGAINING UNIT EFFECTIVE JANUARY
13, 2016,
_________________
WHEREAS, the City desires to amend the salary schedule for the Deputy City
Clerk job classification in the Confidential bargaining unit; and,
WHEREAS, City staff recommends that the salary schedule for the Deputy City Clerk
job classification be:
DEPUTY CITY CLERK
Hourly Rate 30.42 31.94 33.54 35.21 36.97
Monthly 5,272.37 5,535.99 5,812.79 6,103.43 6,408.60
WHEREAS, staff desires approval of the salary schedule for the Deputy City Clerk job
classification; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby approves the salary schedule for the Deputy City Clerk job classification as
follows:
DEPUTY CITY CLERK
Hourly Rate 30.42 31.94 33.54 35.21 36.97
Monthly 5,272.37 5,535.99 5,812.79 6,103.43 6,408.60
BE IT FURTHER RESOLVED, by the City Council that the above salary schedule for
the Deputy City Clerk job classification be effective January 13, 2016, amending the salary
schedule accordingly.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 13th day of
January, 2016 by the following vote:
* * * * *
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
StaffRe ort
DATE:
TO:
FROM:
SUBJECT:
January 1 3, 2016
Mayor, Vice Mayor and Councilmembers
Richard Lee, Director of Finance F? \-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MUNISERVICES, LLC FOR TRANSIENT OCCUPANCY
TAX AND COMMERCTAL PARKING TAX AUDIT SERVICES IN AN
AMOLJNT NOT TO EXCEED $58,500 AND AMENDING THE FISCAL YEAR
20I5-16 ADOPTED BUDGET
RECOMMENDATION
It is recommended that the city council adopt a resolution authorizing the city Manager to
execute an agreement with MuniServices, LLC for Transient Occupancy Tax and
Commercial Parking Tax audit services and amend the Fiscal Year 2015-16 Adopted
Budget.
BAC KGROLTND/DISC USSION
South San Francisco Municipal Code (SSFMC) Section 4.20 authorizes the City to collect a tax
of 107o on gross rents for the occupancy of rooms of a hotel, motel, inn, or other lodging facility
known as a Transient occupancy Tax ("Tor"). SSFMC Section 4.22 authorizes the city to levy
an 87o tax for the rent ofa parking space at parking stations in the city. The city cunently has
thirty hotels and three parking facilities.
In FY 2014-2015, Transient Occupancy Taxes collected totaled $12.9 million, while Commercial
Parking Tax totaled $3.1 million. Transient occupancy and commercial parking Tax comprise
18.9% oltotal General Fund revenues.
TOT and Parking Tax audit services were last performed by a Finance Department staff member
as part ofa number of other duties. Given the length of time since the prior audits, expertise of
independent firms and staff bandwidth constraints, a qualified consultant would be able to provide
the most comprehensive and complete review and assessment of hotel and parking facility tar
records. An announcement letter will be sent to all of the hotels and parking facilities located
within the City in advance ofthe audit taking place.
A Request for Proposals (RFP) lbr Tor and Parking Tax audit services was posted on August 17,
Staff Report
Subject: Transient Occupancy Tax and Parking Tax Audit Services Agreement
Page 2 of 3
2015. The scope of services in the RFP provide for the consultant to review and evaluate the
City’s motels, hotels and parking facilities compliance with SSFMC Section 4.20 and 4.22.
The Request for Proposal specified the following criteria to be evaluated in selecting a vendor and
weighed each value accordingly:
Qualifications and experience 35%
Responsiveness to RFP guidelines 25%
Quality of Proposed Methodology 25%
Cost 15%
Among the six (6) proposals received, the City selected three (3) vendors to be interviewed. The
three finalists, MuniServices, Davis Farr and LSL, were interviewed by a panel comprised of the
following members:
Richard Lee, Director of Finance
Steven Lew, Senior Accountant
Joe Martin, Senior Financial Analyst
Dean Grubl, Executive Director, South San Francisco Conference Center
The panel scored the finalist firms as follows:
Transient Occupancy Tax Audit
MuniServices, the City’s preferred vendor, has proposed a two-phase approach to complete their
initial audit of the City’s lodging providers:
• Phase 1: Analysis and Discovery – Includes an analysis of the previous 48 months of tax
returns for all hotels filed with the City to identify any unusual or suspicious reporting that
may warrant further review.
• Phase 2: Compliance Review – Following the outcome of Phase 1, this phase involves an
extensive review of the lodging provider’s records to verify accuracy.
The fixed fee will be $650 per lodging property for Phase 1, and $950 per lodging property for
Evaluation Criteria Points per
Evaluator*
Possible
Points MuniServicesDavis FarrLSL
Qualifications & Experience35140138129127
Responsiveness to RFP Guidelines 25100 98 88 91
Quality of Proposed Methodology 25100 95 100 88
Cost 1560 54 55 38
Total Score 100400 385 372 344
*Four (4) evaluators
Staff Report
Subject: Transient Occupancy Tax and Parking Tax Audit Services Agreement
Page 3 of 3
Phase 2. Based on MuniServices' experience, only about 30oh of the properties will be
recommended for Phase 2 review. However, staff recommends that the agreement include a
conservative estimate of an amount not to exceed $50,500 for TOT audit services (30 hotels x
$1,600 for both phases). This amount includes out-of-pocket expenses will not exceed $2,500
without prior approval from the City.
Commercial Parkine Tax Audit
MuniServices believes it will take 50 hours to complete the Commercial Parking Tax audit. At a
rate of $150 per hour, staff recommends that the agreement include an amount not to exceed
$8,000. This includes an allowance of $500 for the cost of travel and other miscellaneous
expenses.
The rates above are valid through June 30, 2019 should subsequent audit services be requested.
FLTNDING
The Fiscal Year 2015-2016 Adopted Budget will be amended to reflect an increase in
expenditures for professional services of $58,500, and an increase in revenue for Transient
Occupancy Tax by the same amount, as staff estimates that unpaid taxes discovered as a result of
the audit will yield revenue sufficient to cover the cost ofthe consultant fees.
CONCLUSION
Auditing Transient Occupancy Tax and Commercial Parking tax revenues from the City's hotels
and parking facilities ensures compliance with the South San Francisco Municipal Code.
"r) fK-/l/='--Approved:By:
Richard Lee
Director of Finance
Attachment: Resolution
Agreement with MuniServices
ike Futrell
RESOLUTION NO._____
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AN AGREEMENT WITH
MUNISERVICES, LLC FOR TRANSIENT OCCUPANCY TAX
AND COMMERCIAL PARKING TAX AUDIT SERVICES IN AN
AMOUNT NOT TO EXCEED $58,500, AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID AGREEMENT, AND
AMENDING THE FISCAL YEAR 2015-2016 ADOPTED BUDGET
WHEREAS, the City of South San Francisco (“City”)published a Request for Proposals
for Transient Occupancy Tax and Commercial Parking Tax Audit Services (“RFP”); and
WHEREAS, seven vendors expressed interest, six submitted proposals, and ultimately,
three vendors were interviewed; and
WHEREAS, a panel comprised of City staff and South San Francisco Conference
Center staff thoroughly staff thoroughly reviewed the six proposals received, interviewed three
of the vendors and ultimately, determined that and determined that MuniServices, LLC
(“MuniServices”) would best serve the City’s needs; and
WHEREAS, both parties now wish to enter into an agreement, whereby MuniServices
will provide Transient Occupancy Tax and Commercial Parking Tax audit services commencing
January 14, 2016 until June 30, 2019 (“Agreement”) attached hereto as Exhibit A; and
WHEREAS, staff recommends that the City Council amend the FY 2015-16 budget in
an amount not to exceed $58,500 to fund said Agreement; and
WHEREAS, this City Council has examined the Agreement and approves of it as to
both form and content, and desires to enter into said Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South
San Francisco does hereby take the following action:
1. Approves an Agreement with MuniServices, LLC substantially in the form attached
hereto as Exhibit A.
2. Authorizes the City Manager to execute an Agreement with MuniServices, LLC, subject
to approval as to form by the City Attorney, for and on behalf of the City of South San
Francisco, and the Clerk of this City Council shall attest the City Manager’s signature
thereto.
3. Amends the FY 2015-16 Adopted Budget in an amount not to exceed $58,500 to fund
said Agreement.
* * * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 13th day of
January, 2016, by the following vote:
AYES: ___________________________________________________________ _
NOES: _____________________________________________________________
ABSTAIN: _____________________________________________________________
ABSENT: _____________________________________________________________
ATTEST: _______________________________
City Clerk
2567893.1
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
“CONSULTANT”
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and MuniServices, LLC (“Consultant”) (together sometimes referred to as the “Parties”)
as of January 14, 2016 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto
and incorporated herein, at the time and place and in the manner specified therein. In the event of a
conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2019, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
$58,500.00 (FIFTY-EIGHT THOUSAND, FIVE HUNDRED DOLLARS), notwithstanding any contrary
indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail.
City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner
set forth herein. The payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement.
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 2 of 15
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (800) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. City shall have no obligation to pay invoices
submitted ninety (90) days past the performance of work or incurrence of cost.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and submittal to City
of a final invoice, if all services required have been satisfactorily performed.
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 3 of 15
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown in Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed $2,500 in relation to Transient Occupancy Tax audit services and $500 in relation to
Commercial Parking Tax audit services. Expenses not listed below are not chargeable to
City.
Reimbursable expenses are included in the total amount of compensation provided under
this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes. Contractor
represents and warrants that Contractor is a resident of the State of California in
accordance with California Revenue & Taxation Code Section 18662, as may be
amended, and is exempt from withholding. Contractor accepts sole responsible for
verifying the residency status of any subcontractors and will withhold taxes from non-
California subcontractors as required by law.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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.
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 4 of 15
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 B, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator (as defined in
Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers,
officials, and employees 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-
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 5 of 15
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,
and agents.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 6 of 15
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 a certificate of insurance and endorsements
evidencing the coverage required under this Agreement. 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. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, and
agents 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, or agents.
Coverage shall be is primary insurance with respect to the City and its officers,
officials, and employees, 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
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 7 of 15
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, and agents.
The Contract Administrator may condition approval of an increase in deductible
or self-insured retention levels with a requirement that Consultant procure a bond,
guaranteeing payment of losses and related investigations, claim administration,
and defense expenses that is satisfactory in all respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, and agents from and against any and all losses, liability, claims, suits, actions, damages,
and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property,
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 8 of 15
or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in
part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its
officers, employees or agents and (2) the actions of Consultant or its employees, subcontractor, or
agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It
is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as
set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to
any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 9 of 15
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City all materials described in Section
9.1.
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 10 of 15
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, which shall not be unreasonably withheld.
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 which shall not be unreasonably
withheld.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 11 of 15
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. Nothing in the foregoing shall require Consultant to assign
or surrender whatever rights it may have in the general know how and skills it employs in
the ordinary course of its business.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 12 of 15
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is made
for information marked "Trade Secret" or "Business Secret," and the requester takes legal
action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys’ fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 13 of 15
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by ______________
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
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: MuniServices, LLC
Attn: Legal Department
7625 N Palm Ave Ste. 108
Fresno CA 93711
City: City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 14 of 15
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.
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 multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
[Signatures on next page.]
Seal and Signature of Registered Professional with
report/design responsibility.
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 15 of 15
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO CONSULTANT
_____________________________ _______________________________
City Manager Doug Jensen
SVP Client Services
Attest:
________________________________
Krista Martinelli, City Clerk
Approved as to Form:
_______________________________
City Attorney
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC
DATE
Page 16 of 15
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between
City of South San Francisco and MuniServices, LLC-Exhibit B
DATE
Page 1 of 1
EXHIBIT B
INSURANCE CERTIFICATES