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HomeMy WebLinkAbout2019-10-23 e-packet@7:00Wednesday, October 23, 2019 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council Regular Meeting Agenda October 23, 2019City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. 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. KARYL MATSUMOTO, Mayor RICHARD A. GARBARINO, Vice Mayor MARK ADDIEGO, Councilman MARK NAGALES, Councilman BUENAFLOR NICOLAS, Councilwoman FRANK RISSO, City Treasurer ROSA GOVEA ACOSTA, City Clerk MIKE FUTRELL, City Manager SKY WOODRUFF, 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. Page 2 City of South San Francisco Printed on 12/26/2019 October 23, 2019City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Proclamation honoring November 14th as Ruby Bridges Day in South San Francisco1. 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 Motion to approve the Minutes for the meetings of August 26, 2019, September 23, 2019, September 25, 2019. 2. Report regarding a resolution authorizing the acceptance of in-kind donations and $10,100 in sponsorships for the Concert in the Park event on Saturday, September 28, 2019 at Orange Memorial Park. (Sharon Ranals, Director of Parks and Recreation) 3. Resolution accepting in-kind donations and $10,100 in sponsorships for the Concert in the Park event on Saturday, September 28, 2019 at Orange Memorial Park. 3a. Page 3 City of South San Francisco Printed on 12/26/2019 October 23, 2019City Council Regular Meeting Agenda Report regarding a resolution authorizing the acceptance of $25,000 in grant funding from the United Way Bay Area (UWBA) to support the South San Francisco Public Library’s literacy services’ Census 2020 project and approving the Budget Amendment 20.021. (Karla Bourdon, Library Program Manager for Literacy Services) 4. Resolution authorizing the acceptance of $25,000 in grant funding from the United Way Bay Area to support the South San Francisco Public Library’s literacy services’ project, Census 2020 and approving Budget Amendment 20.021. 4a. Report regarding adoption of an ordinance amending Chapter 4.04 of the South San Francisco Municipal Code revising the City Manager’s contract approval authority. (Janet Salisbury, Director of Finance) 5. An ordinance amending Chapter 4.04 of the South San Francisco Municipal Code revising the City Purchasing Procedures and Contract Approval Authority 5a. ADMINISTRATIVE BUSINESS Report regarding a resolution approving and authorizing the City Manager to execute a first amendment to the existing consulting agreement with Contractor Compliance and Monitoring, Inc. (CCMI) of San Mateo, California, for $75,302 for a total not to exceed amount of $148,802. (Brian Schumacker, Plant Superintendent) 6. Resolution approving and authorizing the City Manager to execute a first amendment to the existing consulting agreement with Contractor Compliance and Monitoring, Inc. (CCMI) of San Mateo, California, for $75,302 for a total not to exceed an amount of $148,802. 6a. Report regarding a resolution approving the write-off of 187,084.99 in uncollectable ambulance billing accounts receivable. (Richard Walls, Emergency Medical Services Chief) 7. Resolution approving the write-off of $187,084.99 in uncollectable ambulance billing accounts receivable. 7a. Report Regarding a Resolution Amending the City of South San Francisco Salary Schedule to Establish the Classification of Deputy Finance Director (Leah Lockhart, Human Resources Director) 8. Resolution to Amend the City of South San Francisco Salary Schedule to Establish the Classification of Deputy Finance Director 8a. Page 4 City of South San Francisco Printed on 12/26/2019 October 23, 2019City Council Regular Meeting Agenda Report regarding a resolution approving a Master Encroachment Agreement with Sonic Telecom, LLC for the Installation of Network Facilities within the Public Rights-of-Way, and authorizing the City Manager to execute the agreement. (Eunejune Kim, Director of Public Works/City Engineer) 9. Resolution approving a Master Encroachment Agreement with Sonic Telecom, LLC for installation of network facilities within the public rights-of-way, and authorizing the City Manager to execute the agreement. 9a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS San Mateo County City Selection Committee (Richard Garbarino, Vice Mayor)10. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Leah Lockhart, Human Resources Director Employee organization: AFSCME, Local 829; Confidential Unit - Teamsters Local 856; International Union of Operating Engineers, Local 39; and Mid-management Unit - Teamsters Local 586 11. ADJOURNMENT Page 5 City of South San Francisco Printed on 12/26/2019 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1125 Agenda Date:10/23/2019 Version:1 Item #:1. Proclamation honoring November 14th as Ruby Bridges Day in South San Francisco City of South San Francisco Printed on 10/24/2019Page 1 of 1 powered by Legistar™ RECOGNITION OF NOVEMBER 14, 2019, AS RUBY BRIDGES WALK TO SCHOOL DAY IN SOUTH SAN FRANCISCO October 23, 2019 WHEREAS, Ruby Bridges is an American civil rights activist who, at the tender age of six, was the first African American child to desegregate an all-white William Frantz Elementary School in Louisiana during the New Orleans school desegregation crisis in 1960; and WHEREAS, Ruby Bridges, walked to school almost every day, and on her first day at William Frantz Elementary School was escorted by four federal marshals and spent the entire day in the principal’s office as angry parents marched into the school to remove their children; and WHEREAS, Ruby Bridges’ first day of school experience, as a result of the court order of Judge J. Skelly Wright, U.S. Circuit Judge of the U.S. Court of Appeals for the District of Columbia Circuit, was commemorated by Norman Rockwell in his painting, “The Problem We all Live With”; and WHEREAS, as former U.S. Deputy Marshal Charles Burks recalled, “(Ruby Bridges) showed a lot of courage. She never cried. She didn’t whimper. She just marched along like a little soldier, and we’re all very, very proud of her”; and WHEREAS, Ruby Bridges, asserted that “Racism is a grown-up disease, and we must stop using our children to spread it”, chairs the Ruby Bridges Foundation that she formed in 1999 to promote, “the values of tolerance, respect, and appreciation of all differences”; and WHEREAS, the scholars of Deborah Carlino’s fifth-grade class from Martin Elementary School in the South San Francisco Unified School District learned about the life of Ruby Bridges, and as a way to honor the Civil Rights Activist, proudly will participate in “Ruby Bridges Walk to School Day’; and WHEREAS, at the request of Martin Elementary School of the South San Francisco Unified School District, the San Mateo County Board of Education and Super intendent of Schools adopted a Resolution No. 18-52 on October 17, 2018, creating Ruby Bridges Walk to School Day in San Mateo County to be honored annually on November 14. NOW, THEREFORE, BE IT RESOLVED that Mayor Karyl Matsumoto and the City Council of South San Francisco do hereby proclaim November 14, 2019, as “Ruby Bridges Walk to School Day” in South San Francisco, and commend Deborah Carlino and the scholars of her fifth-grade class for participating in this significant day to honor the Civil Rights Activist. ________________________________ Karyl Matsumoto, Mayor ________________________________ Richard Garbarino, Vice Mayor ________________________________ Mark Addiego, Council Member ________________________________ Mark Nagales, Council Member ________________________________ Buenaflor Nicolas, Council Member Dated: October 23, 2019 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-880 Agenda Date:10/23/2019 Version:1 Item #:2. Motion to approve the Minutes for the meetings of August 26, 2019, September 23, 2019, September 25, 2019. City of South San Francisco Printed on 10/24/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-869 Agenda Date:10/23/2019 Version:1 Item #:3. Report regarding a resolution authorizing the acceptance of in-kind donations and $10,100 in sponsorships for the Concert in the Park event on Saturday,September 28,2019 at Orange Memorial Park.(Sharon Ranals, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting in-kind donations and $10,100 in sponsorships for the Concert in the Park event on Saturday,September 28,2019 at Orange Memorial Park. BACKGROUND/DISCUSSION Concert in the Park,the City’s largest annual event produced by the Parks and Recreation Department,took place on Saturday,September 28 and was enjoyed by nearly 2,000 individuals.From 11:00 a.m.to 4:30 p.m., guests were treated to a variety of activities and food and beverage offerings in between performances by the El Camino High School jazz band,South San Francisco High School marching band,Lydia Pense and Cold Blood, and Marlow Rosado. For the second year in a row,the Department was able to add a Family Fun Zone component to the event that took place on the baseball field side of Orange Memorial Park.The Family Fun Zone included features such as bounce houses,a rock wall,petting zoo,train ride,giant slide,and obstacle challenge.Last year,the Department received a one-time addition of $15,000 to the concert budget for the Family Fun Zone,but the cost ended up being offset thanks to the support of sponsors.Rather than depending on the City’s general fund to pay for the Family Fun Zone in 2019,staff was directed to plan for something similar based on sponsorships received.Thanks to Vice Mayor Rich Garbarino’s fundraising efforts,the Department received $10,100 that covered the cost of the Family Fun Zone.A complete list of donations towards the event is available in Attachment 1.Other expenditures for the concert are budgeted up to $67,000 from the City’s general fund, which also includes the cost of staff who support the event. Sponsorships give commercial donors a public venue to thank their community for patronage.It also provides increased awareness of a sponsor organization and highlights their brand’s investment in the city,parks and recreation, fun family community events, and dedication to residents. Sponsorship Benefits Concert in the Park sponsors will receive the following benefits: Benefactors ($5,000+) Organization name listed on event program,mention and bring on stage during opening remarks, name listed on sponsors banner,post own banner on the West Orange Avenue fence during event, organization resource table and tent present on site, mention in Winter Activity Guide. City of South San Francisco Printed on 10/24/2019Page 1 of 2 powered by Legistar™ File #:19-869 Agenda Date:10/23/2019 Version:1 Item #:3. Patrons ($2,000+) Organization name listed on event program,mention in opening remarks,name listed on sponsors banner, mention in Winter Activity Guide. Friends ($500+) Organization name listed on event program,name listed on sponsors banner,mention in Winter Activity Guide. The Department received some sponsorships under $500 and other in-kind donations.All contributions of any amount are welcome and will be recognized in the event program and mentioned in the Winter Activity Guide. FISCAL IMPACT Funds from this donation will be received and expended from the Parks and Recreation donation account. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of these donations will contribute to the City’s Strategic Plan under Priority #2 by helping to build a robust recreation program. CONCLUSION Acceptance of these donations will be used to offset the Family Fun Zone and other event costs.It is recommended that the City Council accept the in-kind donations and $10,100 in sponsorships for Concert in the Park. City of South San Francisco Printed on 10/24/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-870 Agenda Date:10/23/2019 Version:1 Item #:3a. Resolution accepting in-kind donations and $10,100 in sponsorships for the Concert in the Park event on Saturday, September 28, 2019 at Orange Memorial Park. WHEREAS,the City of South San Francisco (“City”)Parks and Recreation Department organized the fifth annual Concert in the Park event on Saturday, September 28, 2019 at Orange Memorial Park; and WHEREAS,the sponsors listed in Exhibit A have committed to sponsoring the Concert in the Park event for a total of $10,100 in cash donations, as well as have made several in-kind donations; and WHEREAS,receipt of these funds will fund activities offered in the event’s Family Fun Zone as well as offset some of the other event costs; NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts the in-kind donations and $10,100 in sponsorships for the Concert in the Park as listed in Exhibit A. ***** City of South San Francisco Printed on 10/24/2019Page 1 of 1 powered by Legistar™ Exhibit A Concert in the Park 2019 Sponsorships Cash Donors Amount South San Francisco Scavenger/Blue Line Transfer $3,000.00 Kaiser Permanente $2,000.00 Matagrano $2,000.00 Rotary Club of South San Francisco $2,000.00 Garden Chapel Funeral Directors $1,000.00 South San Francisco Host Lions Club* $100.00 Total $10,100.00 In-Kind Donors Description Amoura Lunch, drinks, and snacks for City staff members and the Green Room that hosted the two professional bands and stage crew The Daily Journal $900 towards the cost of three front page ads Sponsorship Benefits * All contributions of any amount are welcome and will be recognized in the event program and mentioned in the Winter Activity Guide. Sponsorship Benefits Benefactors ($5,000 + ) Organization name listed on event program, mention and bring on stage during opening remarks, name listed on sponsors banner, post own banner on the West Orange Avenue fence during event, organization resource table and tent present on site, mention in Winter Activity Guide. Patrons ($2,000 + ) Organization name listed on event program, mention in opening remarks, name listed on sponsors banner, mention in Winter Activity Guide. Friends ($500 + ) Organization name listed on event program, name listed on sponsors banner, mention in Winter Activity Guide. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-853 Agenda Date:10/23/2019 Version:1 Item #:4. Report regarding a resolution authorizing the acceptance of $25,000 in grant funding from the United Way Bay Area (UWBA)to support the South San Francisco Public Library’s literacy services’Census 2020 project and approving the Budget Amendment 20.021.(Karla Bourdon, Library Program Manager for Literacy Services) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $25,000 in grant funding from the UWBA to support the South San Francisco Public Library’s literacy services’ Census 2020 project and approving Budget Amendment 20.021. BACKGROUND/DISCUSSION On June 28,2019 the South San Francisco Public Library submitted an application to the United Way Bay Area to support programs and an outreach campaign to bring awareness of the importance of an accurate Census 2020 count in South San Francisco.On September 23,2019 the South San Francisco Public Library was awarded $25,000 in grant funding from the UWBA.The Community Learning Center will conduct an outreach campaign and provide educational opportunities to underrepresented,hard-to-count,South San Francisco residents including people of color,immigrants and low-income communities,in hopes of gaining valuable and accurate statistics for Census 2020.Funding from the UWBA will fund 1)hiring of community-trusted members as Census 2020 community ambassadors for Get Out the Count coordination,and 2)educational activities and assistance for hard-to-count communities to support filling out the Census form.The goal is to ensure that hard-to-count populations complete the census 2020 form.A successful census relies on everyone’s participation and will help benefit the community by providing the basis for reapportioning congressional seats, redistricting,and distributing federal funds annually to support states,counties and communities’vital programs. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current Fiscal Year (FY)2019-2020 Operating Budget via Budget Amendment 20.021. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this grant will contribute to the City’s Strategic Plan under Priority #6:Community Connections, by developing an outreach plan for Census 2020. CONCLUSION Receipt of these funds will enable the Library to engage hard-to-count populations through literacy services’ Census 2020 project.It is recommended that the City Council accept $25,000 in grant funding to support literacy services programming and amend the Library Department’s FY 19-20 operating budget via Budget Amendment 20.021. City of South San Francisco Printed on 10/24/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-854 Agenda Date:10/23/2019 Version:1 Item #:4a. Resolution authorizing the acceptance of $25,000 in grant funding from the United Way Bay Area to support the South San Francisco Public Library’s literacy services’project,Census 2020 and approving Budget Amendment 20.021. WHEREAS,the City of South San Francisco (“City”)Library Department established the Community Learning Center to assist adults and their families in reaching educational goals; and WHEREAS,the Community Learning Center will conduct programs and outreach campaigns to bring awareness of the importance of Census 2020 to the underrepresented community of South San Francisco; and WHEREAS,the United Way Bay Area has awarded the City $25,000 in grant funding to support outreach and campaigns and programs for Census 2020; and WHEREAS,funding from the United Way Bay Area will help fund hiring of community members as Census 2020 ambassadors for Get Out the Count coordination and educational activities and assistance for hard-to- count communities to encourage and support filling out the Census 2020 form; and WHEREAS,a successful census will help benefit the community by providing the basis for reapportioning congressional seats,redistricting,and distributing federal funds annually to support states,counties and communities’ vital programs; and WHEREAS,staff recommends the acceptance of the grant funding in the amount of $25,000 from the United Way Bay Area to support Census 2020 outreach and programming via the Community Learning Center; and WHEREAS,the grant funds will be used to amend Fiscal Year (FY)2019-2020 Operating Budget of the Library Department via Budget Amendment 20.021. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $25,000 in grant funding from the United Way Bay Area and approve Budget Amendment 20.021 to amend the Library Department’s FY 2019-2020 Operating Budget in order to reflect an increase of $25,000. ***** City of South San Francisco Printed on 10/28/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-886 Agenda Date:10/23/2019 Version:2 Item #:5. Report regarding adoption of an ordinance amending Chapter 4.04 of the South San Francisco Municipal Code revising the City Manager’s contract approval authority. (Janet Salisbury, Director of Finance) RECOMMENDATION It is recommended that the City Council waive reading and adopt an ordinance amending Chapter 4.04.096 of the Municipal Code,increasing the City Manager’s contract signature authority from $75,000 to $150,000. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance. ORDINANCE AMENDING CHAPTER 4.04.096 “DOLLAR LIMITS FOR APPROVALS”. (Introduced on 10/09/19; Vote 5-0) This ordinance is now ready for adoption. City of South San Francisco Printed on 11/11/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-885 Agenda Date:10/23/2019 Version:1 Item #:5a. An ordinance amending Chapter 4.04 of the South San Francisco Municipal Code revising the City Purchasing Procedures and Contract Approval Authority WHEREAS,Article XI,Section 7 of the California Constitution provides that a city or county may make and enforce within its limits all local,police,sanitary,and other ordinances and regulations not in conflict with general laws; and WHEREAS,California Government Code Section 54202 provides that every local agency shall adopt policies and procedures,including bidding regulations,governing purchases of supplies and equipment by the local agency; and WHEREAS,the City of South San Francisco (“City”)has adopted purchasing policies and procedures, which is codified in Chapter 4.04 of the South San Francisco Municipal Code; and WHEREAS,the City,by appropriate legislative action,has elected to be subject to the public bidding procedures established in the Uniform Public Construction Cost Accounting Act; and WHEREAS,the City wishes to revise its purchasing system in order to ensure efficient procedures for the procurement of services,supplies and equipment at the lowest possible cost commensurate with the level of quality required,to exercise financial control over purchases,and to clearly define authority for the purchasing function. NOW THEREFORE,the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. AMENDMENTS The City Council hereby amends the following sections of Chapter 4.04 of the South San Francisco Municipal Code to read as follows (with text in strikeout indicating deletion and underlined text indicating addition).Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 4.04.096 Dollar limits for approvals (a) Purchases of supplies, services, public projects, and equipment, or any combination thereof, and the sales of personal property shall be approved by: (1) The city manager, or designee, if such purchases or sales do not exceed seventy-five one hundred and fifty City of South San Francisco Printed on 11/11/2019Page 1 of 2 powered by Legistar™ File #:19-885 Agenda Date:10/23/2019 Version:1 Item #:5a. thousand dollars, and provided that adequate funds are budgeted. (2) The city council, if such purchases or sales exceed seventy-five one hundred and fifty thousand dollars, and provided that adequate funds are budgeted. (b) Unless stated otherwise, all written contracts shall be executed by the city manager, or designee. All contracts exceeding seventy-five one hundred and fifty thousand dollars shall be also approved by the city council. (c) All real property acquisitions or real property lease contracts with a term of three years or more, regardless of amount, shall be approved by the city council. (d) The city council can delegate the authority described in this section, with the exception of subsection (c), to the city manager. ***** Introduced at a regular meeting of the City Council of the City of South San Francisco held the 9 th day of October 2019. City of South San Francisco Printed on 11/11/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-725 Agenda Date:10/23/2019 Version:1 Item #:6. Report regarding a resolution approving and authorizing the City Manager to execute a first amendment to the existing consulting agreement with Contractor Compliance and Monitoring, Inc. (CCMI) of San Mateo, California, for $75,302 for a total not to exceed amount of $148,802.(Brian Schumacker, Plant Superintendent) RECOMMENDATION Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute a first amendment to the consulting agreement with Contractor Compliance and Monitoring,Inc.(CCMI)of San Mateo,California in an amount of $75,302 for a total not to exceed amount of $148,802 for the construction phase of the Wet Weather and Digester Improvements Project (CIP Project No.ss1301).CCMI provides labor compliance monitoring services for the construction phase of the Project. BACKGROUND/DISCUSSION The City selected Contractor Compliance and Monitoring,Inc.(CCMI)through a competitive proposal process.The City executed a contract with CCMI on October 29,2018 to develop and monitor a Labor Compliance Program (LCP)per California Labor Code,the Department of Industrial Relations,and Federal Wage Requirements (Davis-Bacon Act),for the Wet Weather and Digester Improvements Project currently under construction.The State Revolving Fund (SRF)loan requirements dictate the development and monitoring of an LCP.The staff has observed CCMI’s work product,which is thorough and complete.State personnel complimented CCMI’s work during a recent site audit. Flatiron Construction,(Contractor),identified six (6)subcontractors in their original bid documents for this project.As the project has progressed and matured,the Contractor has now used 21 subcontractors,all of which must participate in the LCP.The increased number of subcontractors has resulted in significant additional effort on CCMI’s part to implement and monitor the LCP.The $75,302 of the supplementary budget is commensurate with the increased level of effort by CCMI.Because of the increased level of effort and because the LCP is a specific requirement of the SRF loan program,staff recommends amending the agreement and for the Council to authorize the City Manager to execute a first amendment to the consulting agreement with CCMI in an amount of $75,302,for a total not to exceed amount of $148,802 for the labor compliance monitoring of the Wet Weather and Digester Improvements Project.This $148,802 will provide labor compliance monitoring services for up to 30 subcontractors. FISCAL IMPACT Sufficient funding for this amendment exists in the City of South San Francisco Fiscal Year 2019-20 Capital Improvement Program (CIP) Wet Weather and Digester Improvements Project (CIP Project No. ss1301). RELATIONSHIP TO STRATEGIC PLAN Approval of this action contributes to the City’s Strategic Plan by providing a better quality of life for residents by improving public infrastructure and water quality. City of South San Francisco Printed on 11/11/2019Page 1 of 2 powered by Legistar™ File #:19-725 Agenda Date:10/23/2019 Version:1 Item #:6. CONCLUSION Staff recommends the Council approving the amendment and authorizing the City Manager to execute the first amendment to the Consulting Agreement with Contractor Compliance and Monitoring,Inc.of $75,302 for a total not to exceed the amount of $148,802. ATTACHMENTS 1.CCMI Response to Request for Proposal for Labor Compliance Services for the Wet Weather and Digester Improvements Project 2.Executed CCMI Consulting Services Agreement City of South San Francisco Printed on 11/11/2019Page 2 of 2 powered by Legistar™ 1 Response to Request for Proposal for Labor Compliance Services for the Wet Weather and Digester Improvements Project City of South San Francisco Contractor Compliance and Monitoring, Inc. Northern California 635 Mariners Island Blvd. #200 San Mateo, CA 94404 Phone: 650-522-4403 Fax: 650-522-4402 ATTACHMENT 1 2 August 8, 2019 Re: Request for Change Order Labor Compliance Services for the Wet Weather and Digester Improvements Project City of South San Francisco Contractor Compliance and Monitoring Inc. (CCMI) was selected to perform the labor compliance on this project. We are enforcing both California and federal prevailing wage compliance. We have already successfully met with the US DOL representative and he is satisfied with the level of labor compliance work being done on the project. This project was bid with the express understanding that there would be no more than 6 subcontractors on this project. The number of contractors/subcontractors defines the number of audits which must be completed each month. There are currently 20 contractors/subcontractors on the project and while the work has not tripled, it certainly has more than doubled.. CCMI is therefore requesting a change order to cover labor compliance for up to a maximum of 30 contractors on the project for an additional amount of $75,302. This amount will be divided over the remaining months of the projects and billed as a flat fee each month. If the project is completed earlier than anticipated, the balance of any fee not yet paid will still be due and payable to CCMI. Sincerely, Deborah E.G. Wilder, President CONTRACTOR COMPLIANCE & MONITORING, INC. www.ccmilcp.com 635 MARINERS ISLAND BLVD., SUITE 200 - SAN MATEO, CA 94404 – P 650-522-4403 – F 650-522-4404 Project Analyst: Yvonne Nickles – [email protected] ATTACHMENT 2 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-726 Agenda Date:10/23/2019 Version:1 Item #:6a. Resolution approving and authorizing the City Manager to execute a first amendment to the existing consulting agreement with Contractor Compliance and Monitoring,Inc.(CCMI)of San Mateo,California,for $75,302 for a total not to exceed an amount of $148,802. WHEREAS,the Wet Weather and Digester Improvements Project currently under construction is funded by the State Revolving Fund (SRF); and WHEREAS,the SRF loan requirements dictate the development and monitoring of a Labor Compliance Program (LCP)per California Code,the Department of Industrial Relations,and Federal Wage Requirements (Davis-Bacon Act); and WHEREAS,the City selected Contractor Compliance and Monitoring,Inc.(CCMI)through a competitive proposal process to develop and monitor the LCP; and WHEREAS,the general contractor originally identified six (6)subcontractors in the bid documents for this project; and WHEREAS,the project has progressed and matured and the Contractor has now used 21 subcontractors,all of which must participate in the LCP; and WHEREAS,the increased number of subcontractors has resulted in significant additional effort on CCMI’s part to implement and monitor the LCP; and WHEREAS, the additional $75,302 is commensurate with the increased level of effort by CCMI; and WHEREAS,because of the increased level of effort and because the LCP is a specific requirement of the SRF loan program, staff recommends amending the consulting agreement with CCMI by the amount of $75,302; and WHEREAS,funding for this amendment exists in the City of South San Francisco Fiscal Year 2019-20 Capital Improvement Program (CIP) Wet Weather and Digester Improvements Project (CIP Project No. ss1301). NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves an amendment to the existing Consulting Services Agreement for monitoring services to Contractor Compliance and Monitoring, Inc. in an amount not to exceed $148,802. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the First Amendment to the Consulting Services Agreement,of which a draft is attached to this resolution as Exhibit A,on behalf of the City, subject to approval as to form by the City Attorney. City of South San Francisco Printed on 11/11/2019Page 1 of 2 powered by Legistar™ File #:19-726 Agenda Date:10/23/2019 Version:1 Item #:6a. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other actions consistent with the intent of this resolution that do not materially increase the City’s obligations. ***** City of South San Francisco Printed on 11/11/2019Page 2 of 2 powered by Legistar™ [FIRST] AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND [CONTRACTOR COMPLIANCE AND MONITORING, INC. ] THIS [FIRST] AMENDMENT TO THE [Consulting Services] AGREEMENT is made at South San Francisco, California, as of [xxxx, 2019] by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and [Contractor Compliance and Monitoring, Inc. ] (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A.On [October 19, 2018], City and Contractor entered that certain [Consulting Services] Agreement (“Agreement”) whereby Contractor agreed to [provide labor compliance monitoring services for the construction phase of the Wet Weather and Digester Improvements Project (CIP Project No. ss1301) ]. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B.City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1.All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2.Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $148,802, with the understanding that up to $16,640 has already been paid to Contractor. Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] EXHIBIT A Dated: CITY OF SOUTH SAN FRANCISCO CONTRACTOR By: By: City Manager [NAME] Approved as to Form: By: City Attorney City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-789 Agenda Date:10/23/2019 Version:1 Item #:7. Report regarding a resolution approving the write-off of 187,084.99 in uncollectable ambulance billing accounts receivable.(Richard Walls, Emergency Medical Services Chief) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the write-off of $187,084.99 in uncollectable ambulance billing accounts receivable. BACKGROUND/DISCUSSION The purpose of this staff report is to recommend that City Council write-off the balances of 173 uncollectable ambulance billing accounts,totaling $187,084.99.Since December 2015,the South San Francisco Fire Department (SSFFD)and Finance Department have implemented accounting practices that allow for periodic financial reviews and write-offs by Council.Once all accounts have been processed by our primary and secondary billing contractors,the remaining outstanding balances are then forwarded to SSFFD for write-off consideration. It is the goal of the SSFFD to regularly report the status of these accounts.Accounts that have been vetted and no longer have recoverable revenue will be recommended for write-off.With regular reporting we anticipate a more consistent number of accounts and write-off balance. Attachment 1,Recommended Write-Off Summary,summarizes the accounts by year.Using procedures put in place,and with the assistance of City Council,staff has worked to greatly reduce the number of uncollectable accounts,decreasing the accumulated aged accounts balance.This write-off request is the first since April 8, 2019, and is part of our plan to present these accounts to Council on a regular, recurring basis. This request contains a mix of accounts from our legacy billing vendors that have been processed by our secondary billing contractor and are deemed uncollectable.Included in this request is one approved hardship waiver in the amount of $2,256.00.The process for writing off financial hardships was approved by Council in December of 2015 and the existence of a process is required by the Centers for Medicare and Medicaid Services. FISCAL IMPACT Ambulance revenue and expenditures are accounted for on a cash basis,meaning that funds are accounted for when actually paid or received.Any deferred revenue is recognized,but is not factored into the City’s finances. Thus,the write-off of $187,084.99 in uncollectable accounts has no impact to the City’s past,present,or future budget. RELATIONSHIP TO STRATEGIC PLAN This Staff Report is related to Strategic Plan Initiative 3.1 in that it is pursuing financial stability to support City operations. City of South San Francisco Printed on 10/31/2019Page 1 of 2 powered by Legistar™ File #:19-789 Agenda Date:10/23/2019 Version:1 Item #:7. CONCLUSION It is recommended that City Council adopt a resolution to write-off $187,084.99 in uncollectable ambulance billing accounts receivable. Attachment: Recommended Write-Off Summary City of South San Francisco Printed on 10/31/2019Page 2 of 2 powered by Legistar™ Year Accounts Remaining Balance 2013 1 $200.00 2015 1 $200.00 2016 19 $27,174.00 2017 31 $54,780.76 2018 106 $96,327.02 2019 15 $8,403.21 Grand Total 173 $187,084.99 Write off accounts by Year ATTACHMENT 1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-790 Agenda Date:10/23/2019 Version:1 Item #:7a. Resolution approving the write-off of $187,084.99 in uncollectable ambulance billing accounts receivable. WHEREAS,the City of South San Francisco (“City”)Fire Department and Finance Department periodically review status of outstanding ambulance billing account status; WHEREAS,outstanding billing accounts that have been processed by the City’s primary and secondary billing contractors and determined as no longer having recoverable revenue or uncollectable will be presented to the City Council for write-off consideration; and WHEREAS,staff recommends that City Council write off uncollectable ambulance accounts,totaling $187,084.99; and WHEREAS,the number of accounts that are no longer collectable is 173 with a balance of $187,084.99,hereto attached as Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the write-off of $187,084.99 in uncollectable ambulance billing accounts receivable, as detailed in Exhibit A, attached to this resolution and incorporated herein. BE IT FURTHER RESOLVED THAT,by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager,or his designee,to take any action consistent with the intent of this resolution. ***** City of South San Francisco Printed on 10/31/2019Page 1 of 1 powered by Legistar™   Account Number Date of Service Balance 1 15926583 3/30/2013 $200.00 2 22980274 2/19/2015 $200.00 3 36522438 1/14/2016 $200.00 4 37131007 2/27/2016 $200.00 5 ESF16001460 4/13/2016 $1,803.00 6 ESF16001633 4/26/2016 $200.00 7 16001635 4/26/2016 $1,480.00 8 2016002690 6/6/2016 $1,434.00 9 2016003662 8/5/2016 $2,000.00 10 2016003734 8/9/2016 $10.00 11 2016003861 8/17/2016 $2,125.00 12 2016003899 8/20/2016 $2,130.00 13 2016003991 8/24/2016 $685.00 14 2016004054 8/29/2016 $1,990.00 15 2016004508 9/28/2016 $1,965.00 16 2016004772 10/11/2016 $2,050.00 17 2016004872 10/17/2016 $2,020.00 18 2016005400 11/17/2016 $422.00 19 2016005767 12/5/2016 $2,240.00 20 2016005947 12/17/2016 $2,220.00 21 2016006144 12/28/2016 $2,000.00 22 2017000629 2/1/2017 $2,060.00 23 2017000727 2/6/2017 $2,120.00 24 2017001055 2/26/2017 $2,040.00 25 2017001183 3/5/2017 $2,140.00 26 2017001288 3/12/2017 $2,075.00 27 2017001304 3/13/2017 $1,990.00 28 2017001351 3/15/2017 $210.00 29 ESF17001360 3/27/2017 $2,150.00 30 ESF17001431 4/1/2017 $2,050.00 31 ESF17001566 4/11/2017 $2,000.00 32 ESF17001665 4/18/2017 $200.00 33 EMS17020580 5/9/2017 $2,100.00 34 ESF17002274 5/28/2017 $200.00 35 ESF17002357 6/3/2017 $2,450.00 36 ESF17002495 6/13/2017 $766.76 37 ESF17002529 6/15/2017 $2,600.00 38 ESF17002698 6/26/2017 $2,250.00 39 ESF17002797 7/5/2017 $2,000.00 40 ESF17002820 7/7/2017 $2,350.00 41 ESF17002925 7/17/2017 $2,050.00 42 ESF17002928 7/17/2017 $2,250.00 43 ESF17003059 7/27/2017 $2,520.00 44 ESF17003164 8/3/2017 $200.00 45 ESF17003317 8/14/2017 $2,370.00 46 ESF17003398 8/19/2017 $2,350.00 47 ESF17003594 9/2/2017 $2,100.00 48 ESF17003603 9/3/2017 $689.00 49 ESF17004403 10/31/2017 $2,200.00 List of Write Off Accounts 23‐Oct‐19 Exhibit A 1 of 4   Account Number Date of Service Balance 50 EMS17050535 11/15/2017 $2,100.00 51 EMS17056843 12/22/2017 $200.00 52 17005353 12/31/2017 $2,000.00 53 EMS18001500 1/8/2018 $50.00 54 ESF18000155 1/10/2018 $200.00 55 EMS18002218 1/13/2018 $200.00 56 EMS18002561 1/15/2018 $200.00 57 EMS18005029 1/30/2018 $200.00 58 EMS18005171 1/31/2018 $200.00 59 EMS18005588 2/2/2018 $210.00 60 EMS18005645 2/3/2018 $200.00 61 EMS18005975 2/5/2018 $200.00 62 EMS18006676 2/9/2018 $375.00 63 EMS18007784 2/16/2018 $200.00 64 EMS18008516 2/20/2018 $200.00 65 EMS18008698 2/21/2018 $125.50 66 EMS18008967 2/23/2018 $200.00 67 EMS18009486 2/26/2018 $200.00 68 EMS18013139 3/20/2018 $108.70 69 EMS18013518 3/23/2018 $150.00 70 18001386 3/31/2018 $2,320.00 71 EMS18017232 4/15/2018 $2,300.00 72 EMS18018159 4/21/2018 $1,950.00 73 EMS18018303 4/22/2018 $200.00 74 EMS18022334 5/17/2018 $420.00 75 EMS18022582 5/18/2018 $2,350.00 76 EMS18028361 6/24/2018 $210.00 77 EMS18029050 6/29/2018 $210.00 78 ESF18002771 6/29/2018 $582.00 79 EMS18032237 7/19/2018 $1,500.00 80 EMS18032526 7/21/2018 $107.67 81 EMS18032818 7/23/2018 $125.45 82 EMS18032837 7/23/2018 $706.36 83 EMS18033134 7/25/2018 $2,307.00 84 SOF1800003849 7/27/2018 $200.00 85 1803481 8/5/2018 $170.09 86 EMS18035201 8/7/2018 $98.98 87 NFA1822000015 8/8/2018 $50.00 88 EMS18037211 8/21/2018 $200.00 89 EMS18038072 8/26/2018 $123.14 90 EMS18039058 9/1/2018 $118.70 91 EMS18039957 9/7/2018 $99.47 92 EMS18040101 9/7/2018 $150.00 93 EMS18039958 9/7/2018 $2,001.00 94 EMS18040618 9/11/2018 $200.00 95 EMS18041070 9/14/2018 $2,307.00 96 EMS18042389 9/21/2018 $123.29 97 EMS18042263 9/21/2018 $175.00 98 EMS18043259 9/27/2018 $200.00 99 SOF1800004994 10/1/2018 $200.00 100 EMS18043979 10/2/2018 $50.00 101 EMS18044299 10/4/2018 $1,750.88 102 EMS18044459 10/5/2018 $50.00 103 EMS18044685 10/6/2018 $115.92 2 of 4   Account Number Date of Service Balance 104 EMS18045212 10/9/2018 $2,205.00 105 EMS18045314 10/10/2018 $481.80 106 EMS18045291 10/10/2018 $771.36 107 ESF18045657 10/12/2018 $100.00 108 EMS18045703 10/12/2018 $150.00 109 EMS18046001 10/14/2018 $175.00 110 EMS18046524 10/18/2018 $250.00 111 1805373 10/20/2018 $2,226.00 112 EMS18047554 10/24/2018 $696.00 113 EMS18047663 10/25/2018 $2,052.00 114 EMS18047696 10/25/2018 $2,205.00 115 EMS18048323 10/29/2018 $107.37 116 EMS18048385 10/29/2018 $2,256.00 117 EMS18048397 10/30/2018 $2,154.00 118 EMS18048558 10/31/2018 $200.00 119 EMS18048620 10/31/2018 $2,001.00 120 EMS18048811 11/1/2018 $2,001.00 121 EMS18049222 11/3/2018 $2,103.00 122 EMS18049818 11/7/2018 $2,001.00 123 EMS18050025 11/8/2018 $2,001.00 124 EMS18049993 11/8/2018 $2,409.00 125 EMS18050058 11/9/2018 $116.81 126 EMS18050640 11/12/2018 $100.00 127 EMS18050798 11/13/2018 $2,103.00 128 SOF1800005809 11/14/2018 $2,205.00 129 EMS18051111 11/15/2018 $2,256.00 130 EMS18051228 11/16/2018 $50.00 131 EMS18051658 11/19/2018 $2,307.00 132 EMS18051966 11/20/2018 $2,256.00 133 EMS18051967 11/20/2018 $2,307.00 134 18004916 11/22/2018 $50.00 135 1805980 11/23/2018 $200.00 136 EMS18052628 11/24/2018 $2,052.00 137 EMS18053215 11/28/2018 $2,052.00 138 EMS18053352 11/29/2018 $2,154.00 139 EMS18053496 11/29/2018 $2,307.00 140 EMS18053734 12/1/2018 $50.00 141 EMS18053765 12/1/2018 $2,052.00 142 EMS18053967 12/2/2018 $2,103.00 143 EMS18054896 12/8/2018 $100.00 144 EMS18055056 12/9/2018 $2,205.00 145 EMS18055926 12/14/2018 $98.88 146 EMS18055847 12/14/2018 $116.07 147 EMS18056004 12/15/2018 $200.00 148 EMS18056081 12/15/2018 $2,052.00 149 EMS18056810 12/19/2018 $109.58 150 EMS18056884 12/20/2018 $200.00 151 EMS18056950 12/20/2018 $200.00 152 EMS18057030 12/21/2018 $50.00 153 EMS18057121 12/21/2018 $125.00 154 EMS18057232 12/22/2018 $2,205.00 155 EMS18057712 12/24/2018 $2,103.00 156 EMS18057751 12/25/2018 $2,052.00 157 EMS18058003 12/26/2018 $250.00 3 of 4   Account Number Date of Service Balance 158 EMS18058521 12/30/2018 $2,103.00 159 EMS19000331 1/2/2019 $210.30 160 EMS19001089 1/7/2019 $200.00 161 EMS19002525 1/16/2019 $50.00 162 EMS19002517 1/16/2019 $200.00 163 EMS19002537 1/16/2019 $2,001.00 164 EMS19002895 1/18/2019 $2,001.00 165 EMS19003459 1/21/2019 $225.00 166 EMS19004179 1/26/2019 $200.00 167 EMS19004830 1/30/2019 $200.00 168 EMS19005825 2/5/2019 $200.00 169 EMS19006297 2/8/2019 $200.00 170 EMS19008705 2/22/2019 $102.38 171 ESF19000843 2/23/2019 $50.00 172 EMS19008832 2/23/2019 $307.53 173 1916250 4/11/2019 $2,256.00 $187,084.99 4 of 4 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-805 Agenda Date:10/23/2019 Version:1 Item #:8. Report Regarding a Resolution Amending the City of South San Francisco Salary Schedule to Establish the Classification of Deputy Finance Director (Leah Lockhart, Human Resources Director) RECOMMENDATION It is recommended that Council adopt a resolution amending the City’s salary schedule in order to establish the title and salary range for the new classification of Deputy Finance Director. BACKGROUND/DISCUSSION The City’s Finance Department currently operates under the leadership of the Finance Director supported by two Financial Services Managers who oversee the day-to-day operations of the department’s work units, including payroll,accounting,budget,purchasing,audit,and business licenses.In the City’s 2019-2021 Operating Budget,Council approved additional funding to upgrade one Financial Services Manager position to Deputy Finance Director.The Deputy Finance Director position would be a new classification intended to provide high-level managerial support to operations,and to serve in the absence of the Finance Director,similar to deputy director positions in other City departments.In June,2019 the City hired a new Finance Director, therefore,the creation of the new classification was put on hold in order to allow the Finance Director time to assess the department’s needs and determine the appropriate roles of staff moving forward. Accordingly,staff developed a job description for Deputy Finance Director,attached to this report as Attachment 1,based on the current and foreseeable needs of the Finance Department.In addition to providing complex administrative support and oversight to department operations,the Deputy Finance Director will lead and manage special projects of significant complexity and serve as the Director in her absence.Under this structure,the Financial Services Manager would continue to provide direct supervision and technical expertise for some of the department’s work units,depending on the department’s current needs and staff capabilities.A compensation study was conducted and,due to insufficient number of external benchmarks,staff recommends a salary range of $143,853 -$174,854 annually ($69.16 -$84.06 hourly),equivalent to Deputy Economic and Community Development Director.The proposed job description and salary range was shared with the Mid- Management unit represented by Teamsters Local 856,and agreement was reached on the establishment of the new classification. FISCAL IMPACT The upgrade of one Financial Services Manager to Deputy Finance Director results in an increase of approximately $27,360 annually in salary and benefits costs.These funds were included in the Fiscal Years 2019-2021 Operating Budget approved by Council, therefore, no budget amendment is necessary. RELATIONSHIP TO STRATEGIC PLAN The recommended amendment to the salary schedule supports the strategic priority of workforce development, by establishing the appropriate compensation level to attract and retain a high-performance workforce. CONCLUSION Staff recommends Council approve the resolution to amend the City’s salary schedule to establish the classification of Deputy Finance Director,in order to meet the current and foreseeable staffing needs of theCity of South San Francisco Printed on 10/31/2019Page 1 of 2 powered by Legistar™ File #:19-805 Agenda Date:10/23/2019 Version:1 Item #:8. classification of Deputy Finance Director,in order to meet the current and foreseeable staffing needs of the Finance Department. City of South San Francisco Printed on 10/31/2019Page 2 of 2 powered by Legistar™ Attachment 1 City of South San Francisco Human Resources Department Deputy Finance Director Class Description Definition Under direction, performs responsible management, administrative and technical duties, manages special projects and studies, supervises all work units of the department on a day-to-day basis, functions as department head in the absence of the department head; and does related work as required. Distinguishing Characteristics This classification is distinguished from the Financial Services Manager and other professional accountant classes by its responsibility for managing departmental operations across multiple divisions and work units. Typical and Important Duties 1. Assists in the development and implementation of departmental policies, goals, and objectives. 2. Plans, directs, and coordinates work performed by multiple work units, including accounting, payroll, audit, budget, purchasing, and business licenses. 3. Oversees accounting operations, including year-end closing of the general ledger and preparation of the annual financial report. 4. Reviews, evaluates, and recommends improvements to Citywide financial internal controls and systems and procedures; coordinates audit activities for all City departments with external auditors. 5. Coordinates and oversees the budget process; conducts budget review meetings, and makes recommendations to the Department Head and Finance Director. 6. Supervises staff assigned, including scheduling, assigning, prioritizing, and reviewing work; training and evaluating staff; and developing effective recommendations on all employee actions. 7. Manages special projects and studies, and oversees the work of consultants engaged in project delivery. 8. Serves as department head in the absence of the director, including attending and participating in City Council and department head meetings. 9. Serves on City and inter-agency committees. 10. Performs related duties and responsibilities as assigned. Job-related Qualifications Knowledge of: City of South San Francisco Deputy Finance Director Class Description Page 2  Principles, methods and practices of municipal finance.  Budgeting, accounting, purchasing and fiscal record keeping.  Principles of management, supervision, training, and employee development.  Principles and practices of public administration and human resources as applied to function, including basic employee-relations concepts.  Principles of financial administration, including budgeting and reporting.  Applicable laws and regulations.  Computer systems and their applications to fiscal analysis and record keeping. Ability to:  Organize, supervise, and coordinate the work of subordinate employees and project teams.  Prepare complex financial statements, reports, and analyses.  Develop and implement accounting procedures and systems.  Interpret and accurately apply rules and regulations regarding accounting, purchasing and auditing practices.  Prepare clear and effective financial, statistical, and narrative reports, correspondence, informational materials, policies, procedures, and other written materials.  Communicate effectively in writing, orally, and with others to assimilate, understand, and convey information, in a manner consistent with job functions.  Represent the City and the department effectively in contacts with elected representatives of other agencies, City departments, and the public.  Establish and maintain cooperative working relationships with those contacted in the course of the work.  Take a proactive approach to customer services issues.  Make process improvement changes to streamline procedures.  Work in a safe manner modeling correct City safety practices and procedures; coach others and enforce adherence to safety policies and procedures.  Maintain confidentiality regarding sensitive information. Skill in:  Operating a personal computer and associated applications. Experience and Training Any combination of experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be: Experience: Four years of progressively more responsible professional experience in municipal finance, with at least three years in a supervisory capacity. Training: A bachelor’s degree from an accredited college or university with major coursework in accounting, business administration, or a related field. Licenses and Certificates All licenses and certificates must be maintained as a condition of employment. City of South San Francisco Deputy Finance Director Class Description Page 3  Possession of, or ability to obtain, a valid appropriate California driver’s license and a satisfactory driving record.  Certified Local Government Finance Officer or GFOA Certified Public Finance Officer is desirable. Special Requirements Essential duties require the following physical skills and work environment: Physical Skills: Able to use standard office equipment, including a computer; sit, stand, walk, kneel, crouch, stoop, squat, twist, and maintain sustained posture in a seated or standing position for prolonged periods of time; vision to read printed materials and a computer screen; hearing and speech to communicate in person, over the telephone, and to make public presentations; lift and carry 35 pound boxes, files, and materials. Work Environment: Mobility to work in a typical office and/or field setting. Ability to: Travel to different sites and locations; drive safely to different sites and locations; maintain a safe driving record; work protracted and irregular hours and evening meetings or off- shift work for meeting attendance or participation in specific projects or programs; available for evening meetings. Approved: October 24, 2019 Revised Date: April 1995, July 1998, June 2003 Former Titles: Chief Accountant, Asst. Director of Finance Abolished: July 2013 Bargaining Unit: Mid-management ADA Review: April 1995, April 2002, October 2019 DOT: No Physical: Class 3 Status: Classified/exempt EEOC Category: EF1\EJ2 Job Code: M845 ADA Documentation of Essential Duties 1. SDE 2. SDE 3. SAE 4. SAE 5. SAE 6. SDE 7. SDE 8. SDE 9. OAE 10. OAE City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-806 Agenda Date:10/23/2019 Version:1 Item #:8a. Resolution to Amend the City of South San Francisco Salary Schedule to Establish the Classification of Deputy Finance Director WHEREAS, on June 26, 2019 City Council approved the Fiscal Years 2019-2021 Operating Budget which included funds to upgrade a Financial Services Manager position to Deputy Finance Director, based on the foreseeable needs of the Finance Department. WHEREAS, in order to provide complex administrative support to the Finance Director, as well as management oversight of Finance Department operations, staff developed a job description for a Deputy Finance Director classification. WHEREAS, a compensation study was conducted and staff recommends setting the salary range at $143,853 - $174,854 annually ($69.16 - 84.06 hourly). WHEREAS, staff met and conferred with the Mid-Management Unit (Teamsters Local 856) and reached agreement on the proposed classification and salary range. WHEREAS, pursuant to Municipal Code 3.04.020, in order to create a new classification, the City Council must approve an amendment to City’s salary schedule to reflect the classification title and salary range. WHEREAS, staff recommends the City Council approve the proposed classification and salary range. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco does hereby: 1. Amend the Salary Schedule for the City of South San Francisco to establish the classification of Deputy Finance Director with a salary range of $143,853 - $174,854 annually ($69.16-$84.06 hourly), effective October 24, 2019, as attached hereto as Exhibit A. ***** City of South San Francisco Printed on 10/31/2019Page 1 of 1 powered by Legistar™ City of South San Francisco | Salary Schedule Effective 10/24/2019 JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Accountant - Senior M625 7/12/2019 MID MGMT 45.74 48.03 50.43 52.95 55.60 Accountant I M100 7/12/2019 MID MGMT 37.82 39.71 41.70 43.79 45.98 Accountant II M620 7/12/2019 MID MGMT 41.60 43.68 45.86 48.15 50.56 Accounting Assistant I A480 7/12/2019 AFSCME 24.20 25.41 26.68 28.01 29.41 Accounting Assistant II A225 7/12/2019 AFSCME 26.57 27.90 29.30 30.77 32.31 Accounting Assistant II - Hourly X100 7/12/2019 HOURLY 26.57 27.90 29.30 30.77 32.31 Administrative Assistant - Senior O340 7/12/2019 CONFID 32.69 34.32 36.04 37.84 39.73 Administrative Assistant I O315 7/12/2019 CONFID 29.55 31.03 32.58 34.21 35.92 Administrative Assistant I - Hourly X110 7/12/2019 HOURLY 29.55 31.03 32.58 34.21 35.92 Administrative Assistant II O310 7/12/2019 CONFID 31.12 32.68 34.31 36.03 37.83 Administrative Assistant II - Hourly X130 7/12/2019 HOURLY 31.12 32.68 34.31 36.03 37.83 Building Inspector A135 7/12/2019 AFSCME 41.44 43.51 45.69 47.97 50.37 Building Inspector - Hourly X595 7/12/2019 HOURLY 41.44 43.51 45.69 47.97 50.37 Building Inspector - Senior A400 7/12/2019 AFSCME 45.26 47.52 49.90 52.39 55.01 Building Maintenance Craftsworker A465 7/12/2019 AFSCME 32.02 33.62 35.30 37.06 38.91 Building Maintenance Custodian A140 7/12/2019 AFSCME 23.50 24.68 25.91 27.21 28.57 Building Maintenance Custodian - Hourly X185 7/12/2019 HOURLY 23.50 24.68 25.91 27.21 28.57 Building Maintenance Custodian - Lead A190 7/12/2019 AFSCME 29.76 31.25 32.81 34.45 36.17 Building Maintenance Custodian - Senior A320 7/12/2019 AFSCME 25.89 27.18 28.54 29.97 31.47 Building Official - Assistant M215 7/12/2019 MID MGMT 54.89 57.63 60.51 63.54 66.72 Building Plan Reviewer A690 7/12/2019 AFSCME 43.41 45.58 47.86 50.25 52.76 Business Manager M825 7/12/2019 MID MGMT 52.32 54.94 57.69 60.57 63.60 Childcare Assistant Supervisor M800 7/12/2019 MID MGMT 32.13 33.74 35.43 37.20 39.06 City Building Official M210 7/12/2019 MID MGMT 63.95 67.15 70.51 74.04 77.74 City Clerk E100 7/12/2019 ELECT 67.15 City Clerk - Assistant M830 8/15/2019 MID MGMT 40.65 42.68 44.81 47.05 49.40 City Clerk Records Technician O415 7/12/2019 CONFID 31.12 32.68 34.31 36.03 37.83 City Council Member E110 7/12/2019 ELECT 92.31 City Planner M155 7/12/2019 MID MGMT 62.87 66.01 69.31 72.78 76.42 City Treasurer E105 7/12/2019 ELECT 7.72 Code Enforcement Officer A145 7/12/2019 AFSCME 35.49 37.26 39.12 41.08 43.13 Communications Dispatcher A150 7/12/2019 AFSCME 34.74 36.48 38.30 40.21 42.22 Communications Dispatcher - Hourly X445 7/12/2019 HOURLY 44.90 Communications Dispatcher - Supervising A365 7/12/2019 AFSCME 40.98 43.03 45.18 47.44 49.81 Community Development Coordinator M725 7/12/2019 MID MGMT 40.76 42.80 44.94 47.19 49.55 Community Development Specialist A660 7/12/2019 AFSCME 38.88 40.82 42.86 45.00 47.25 Community Services Site Coordinator A640 7/12/2019 AFSCME 23.54 24.72 25.96 27.26 28.62 Community Services Site Coordinator - Hourly X660 7/12/2019 HOURLY 23.54 24.72 25.96 27.26 28.62 Computer Services Technician O525 7/12/2019 CONFID 39.64 41.62 43.70 45.89 48.18 Computer Services Technician - Senior O530 7/12/2019 CONFID 41.63 43.71 45.90 48.19 50.60 Consultant - Hourly X570 7/12/2019 HOURLY 15.00 135.00 Steps are listed as hourly rates, except where otherwise specified Page 1 of 6 City of South San Francisco | Salary Schedule Effective 10/24/2019 JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Crime Analyst C210 7/12/2019 PO NONWORN 41.77 43.86 46.05 48.35 50.77 Cultural Arts Specialist A650 7/12/2019 AFSCME 32.10 33.70 35.39 37.16 39.02 Cultural Arts Specialist - Hourly X650 7/12/2019 HOURLY 32.10 33.70 35.39 37.16 39.02 Database Business Systems Specialist O405 7/12/2019 CONFID 31.12 32.68 34.31 36.03 37.83 Deputy City Clerk O320 7/12/2019 CONFID 34.23 35.94 37.74 39.63 41.61 Deputy Economic Community Development Director M145 7/12/2019 MID MGMT 69.16 72.62 76.25 80.06 84.06 Deputy Finance Director M845 10/23/2019 MID MGMT 69.16 72.62 76.25 80.06 84.06 Economic Development Coordinator M185 7/12/2019 MID MGMT 54.25 56.96 59.81 62.80 65.94 Electrical Maintenance Supervisor M835 8/15/2019 MID MGMT 50.57 53.10 55.76 58.54 61.47 Electrical Technician A160 7/12/2019 AFSCME 39.05 41.00 43.05 45.20 47.46 Electrical Technician - Assistant A120 7/12/2019 AFSCME 28.81 30.25 31.76 33.35 35.02 Electrical Technician - Lead A335 7/12/2019 AFSCME 48.17 50.58 53.11 55.77 58.56 Electrical Technician - Senior A500 7/12/2019 AFSCME 42.84 44.98 47.23 49.59 52.07 Emergency Medical Technician - Hourly X281 7/12/2019 HOURLY 17.99 18.89 19.83 20.82 21.86 Emergency Services Manager M780 7/12/2019 MID MGMT 42.98 45.13 47.39 49.76 52.25 EMS Battalion Chief M420 7/12/2019 PSM FIRE 80 74.74 78.47 82.40 86.52 90.84 Engineer - Associate M115 7/12/2019 MID MGMT 51.50 54.08 56.78 59.62 62.60 Engineer - Principal M760 7/12/2019 MID MGMT 67.11 70.47 73.99 77.69 81.57 Engineer- Senior M340 7/12/2019 MID MGMT 61.29 64.35 67.57 70.95 74.50 Engineering Technician A167 7/12/2019 AFSCME 32.25 33.86 35.55 37.33 39.20 Engineering Technician - Senior A168 7/12/2019 AFSCME 35.49 37.26 39.12 41.08 43.13 Environmental Compliance Inspector - Hourly X465 7/12/2019 HOURLY 39.08 41.03 43.08 45.23 47.49 Environmental Compliance Inspector - Senior D160 7/12/2019 WQCP OP ENG 48.48 50.90 53.44 56.11 58.92 Environmental Compliance Inspector I D210 7/12/2019 WQCP OP ENG 39.08 41.03 43.08 45.23 47.49 Environmental Compliance Inspector II D155 7/12/2019 WQCP OP ENG 42.97 45.12 47.38 49.75 52.24 Environmental Compliance Supervisor M450 7/12/2019 MID MGMT 64.35 67.57 70.95 74.50 78.23 Equipment Mechanic A170 7/12/2019 AFSCME 33.29 34.95 36.70 38.53 40.46 Equipment Mechanic - Hourly X510 7/12/2019 HOURLY 33.29 34.95 36.70 38.53 40.46 Equipment Mechanic - Lead A345 7/12/2019 AFSCME 36.05 37.85 39.74 41.73 43.82 Equipment Operator A175 8/15/2019 AFSCME 32.20 33.81 35.50 37.28 39.14 Executive Assistant To The City Manager O410 7/12/2019 CONFID 38.25 40.16 42.17 44.28 46.49 Financial Analyst - Senior M615 7/12/2019 MID MGMT 45.74 48.03 50.43 52.95 55.60 Financial Analyst I M600 7/12/2019 MID MGMT 37.82 39.71 41.70 43.79 45.98 Financial Analyst II M610 7/12/2019 MID MGMT 41.60 43.68 45.86 48.15 50.56 Financial Services Manager M770 7/12/2019 MID MGMT 58.82 61.76 64.85 68.09 71.49 Fire Apparatus Engineer B120 7/12/2019 IAFF 37.15 39.01 40.96 43.01 45.16 Fire Apparatus Engineer (40 Hours) B121 7/12/2019 IAFF 52.01 54.62 57.35 60.21 63.22 Fire Battalion Chief (40 Hours) M205 7/12/2019 MID MGMT 74.74 78.47 82.40 86.52 90.84 Fire Battalion Chief (56 Hours) M390 7/12/2019 PSM FIRE 112 53.38 56.05 58.86 61.80 64.89 Fire Captain (40 Hours) B101 7/12/2019 IAFF 57.06 59.91 62.91 66.05 69.35 Fire Captain (56 Hours) B100 7/12/2019 IAFF 40.76 42.79 44.93 47.18 49.54 Steps are listed as hourly rates, except where otherwise specified Page 2 of 6 City of South San Francisco | Salary Schedule Effective 10/24/2019 JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Fire Chief - Deputy M110 7/12/2019 PSM FIRE 80 86.99 91.34 95.91 100.70 105.74 Fire Courier - Hourly X540 7/12/2019 HOURLY 19.50 20.48 21.50 22.57 23.70 Fire Marshal M410 7/12/2019 PSM FIRE 80 76.34 80.16 84.16 88.37 92.79 Groundsperson A505 7/12/2019 AFSCME 30.38 31.90 33.50 35.17 36.93 Human Resources Analyst - Senior M271 7/12/2019 MID MGMT 45.66 47.94 50.34 52.86 55.50 Human Resources Analyst I M700 7/12/2019 MID MGMT 37.75 39.64 41.62 43.70 45.88 Human Resources Analyst II M270 7/12/2019 MID MGMT 41.49 43.56 45.74 48.03 50.43 Human Resources Clerk - Hourly X310 7/12/2019 HOURLY 29.55 31.03 32.58 34.21 35.92 Human Resources Manager M775 7/12/2019 MID MGMT 58.94 61.89 64.98 68.23 71.64 Human Resources Technician O265 7/12/2019 CONFID 31.12 32.68 34.31 36.03 37.83 Human Resources Technician - Hourly X265 7/12/2019 HOURLY 31.12 32.68 34.31 36.03 37.83 Information Systems Administrator M650 7/12/2019 MID MGMT 54.30 57.01 59.86 62.85 65.99 Information Systems Administrator - Senior M790 7/12/2019 MID MGMT 57.01 59.86 62.85 65.99 69.29 Information Technology Manager M805 7/12/2019 MID MGMT 59.98 62.98 66.13 69.44 72.91 Laboratory Chemist D120 7/12/2019 WQCP OP ENG 43.22 45.38 47.65 50.03 52.53 Laboratory Chemist - Hourly X545 7/12/2019 HOURLY 43.22 45.38 47.65 50.03 52.53 Laboratory Chemist - Senior D170 7/12/2019 WQCP OP ENG 49.93 52.43 55.05 57.80 60.69 Laboratory Supervisor M220 7/12/2019 MID MGMT 53.77 56.46 59.28 62.24 65.35 Landscape Architect M815 7/12/2019 MID MGMT 55.57 58.35 61.27 64.33 67.55 Librarian I A210 7/12/2019 AFSCME 30.93 32.48 34.10 35.81 37.60 Librarian I - Hourly X210 7/12/2019 HOURLY 30.93 32.48 34.10 35.81 37.60 Librarian II A240 7/12/2019 AFSCME 34.04 35.74 37.53 39.41 41.38 Librarian II - Hourly X670 7/12/2019 HOURLY 34.04 35.74 37.53 39.41 41.38 Library Assistant I A220 7/12/2019 AFSCME 24.29 25.50 26.77 28.11 29.52 Library Assistant I - Hourly X220 7/12/2019 HOURLY 24.29 25.50 26.77 28.11 29.52 Library Assistant II A215 7/12/2019 AFSCME 26.83 28.17 29.58 31.06 32.61 Library Assistant II - Hourly X225 7/12/2019 HOURLY 26.83 28.17 29.58 31.06 32.61 Library Clerk - Hourly X235 7/12/2019 HOURLY 17.61 18.49 19.42 20.39 21.41 Library Director - Assistant M640 7/12/2019 MID MGMT 58.39 61.31 64.38 67.60 70.98 Library Page - Hourly X250 7/12/2019 HOURLY 15.00 15.75 16.54 17.36 18.23 Library Program Manager M235 7/12/2019 MID MGMT 46.30 48.62 51.05 53.60 56.28 Library Specialist - Supervising A670 7/12/2019 AFSCME 31.75 33.34 35.01 36.76 38.60 Literacy Program Manager M500 7/12/2019 MID MGMT 46.30 48.62 51.05 53.60 56.28 Literacy Services Assistant Coordinator - Hourly X655 7/12/2019 HOURLY 26.83 28.17 29.58 31.06 32.61 Literacy Services Assistant I - Hourly X665 7/12/2019 HOURLY 24.29 25.50 26.77 28.11 29.52 Literacy Services Coordinator A445 7/12/2019 AFSCME 34.95 36.70 38.53 40.46 42.48 Maintenance Craftsworker A280 7/12/2019 AFSCME 32.02 33.62 35.30 37.06 38.91 Maintenance Supervisor M255 7/12/2019 MID MGMT 42.43 44.55 46.78 49.12 51.58 Management Analyst I M570 7/12/2019 MID MGMT 40.65 42.68 44.81 47.05 49.40 Management Analyst II M560 7/12/2019 MID MGMT 44.69 46.92 49.27 51.73 54.32 Member - Cultural Arts Commission (Per Meeting)X164 7/12/2019 BD CMS 50.00 Steps are listed as hourly rates, except where otherwise specified Page 3 of 6 City of South San Francisco | Salary Schedule Effective 10/24/2019 JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Member - Design Review Board (Per Meeting)X155 7/12/2019 BD CMS 50.00 Member - Historical Commission (Per Meeting)X165 7/12/2019 BD CMS 50.00 Member - Housing Authority Commission (Per Meeting)X175 7/12/2019 BD CMS 50.00 Member - Library Board (Per Meeting)X230 7/12/2019 BD CMS 50.00 Member - Parking Place Commission (Per Meeting)X295 7/12/2019 BD CMS 50.00 Member - Parks & Recreation Commission (Per Meeting)X285 7/12/2019 BD CMS 50.00 Member - Personnel Board (Per Meeting)X305 7/12/2019 BD CMS 50.00 Member - Planning Commission (Per Meeting)X315 7/12/2019 BD CMS 50.00 Miscellaneous Hourly X280 7/12/2019 HOURLY 15.00 85.00 Office Assistant - Hourly X440 7/12/2019 HOURLY 22.78 23.92 25.12 26.38 27.70 Office Specialist A295 7/12/2019 AFSCME 25.07 26.32 27.64 29.02 30.47 Office Specialist - Hourly X415 7/12/2019 HOURLY 25.07 26.32 27.64 29.02 30.47 Paramedic Firefighter B130 7/12/2019 IAFF 37.15 39.01 40.96 43.01 45.16 Paramedic Firefighter (40 Hours) B131 7/12/2019 IAFF 52.01 54.62 57.35 60.21 63.22 Paramedic Firefighter Recruit (40 Hours) B135 7/12/2019 IAFF 49.52 Park Maintenance Worker A250 7/12/2019 AFSCME 27.06 28.41 29.83 31.32 32.89 Park Maintenance Worker - Hourly X300 7/12/2019 HOURLY 27.06 28.41 29.83 31.32 32.89 Park Maintenance Worker - Lead A195 7/12/2019 AFSCME 32.20 33.81 35.50 37.28 39.14 Park Maintenance Worker - Senior A350 7/12/2019 AFSCME 28.99 30.44 31.96 33.56 35.24 Parking Enforcement Officer C175 7/12/2019 PO NONWORN 24.86 26.10 27.41 28.78 30.22 Parking Enforcement Officer - Hourly X180 7/12/2019 HOURLY 24.86 26.10 27.41 28.78 30.22 Parking System Technician A245 7/12/2019 AFSCME 32.20 33.81 35.50 37.28 39.14 Parks and Recreation Deputy Director M840 8/15/2019 MID MGMT 66.16 69.47 72.94 76.59 80.42 Payroll Administrator M785 7/12/2019 MID MGMT 41.60 43.68 45.86 48.15 50.56 Permit Technician A460 7/12/2019 AFSCME 36.63 38.46 40.38 42.40 44.52 Permit Technician - Senior A700 7/12/2019 AFSCME 38.95 40.90 42.95 45.10 47.36 Planner - Associate M125 7/12/2019 MID MGMT 40.76 42.80 44.94 47.19 49.55 Planner - Principal M590 7/12/2019 MID MGMT 54.25 56.96 59.81 62.80 65.94 Planner - Senior M335 7/12/2019 MID MGMT 50.50 53.02 55.67 58.45 61.37 Planner- Associate - Hourly X125 7/12/2019 HOURLY 40.76 42.80 44.94 47.19 49.55 Planner- Senior - Hourly X335 7/12/2019 HOURLY 50.50 53.02 55.67 58.45 61.37 Planning Technician A462 7/12/2019 AFSCME 36.62 38.45 40.37 42.39 44.51 Plant Electrician I D105 7/12/2019 WQCP OP ENG 37.83 39.72 41.71 43.80 45.99 Plant Electrician I - Hourly X500 7/12/2019 HOURLY 37.83 39.72 41.71 43.80 45.99 Plant Electrician II D140 7/12/2019 WQCP OP ENG 41.62 43.70 45.89 48.18 50.59 Plant Maintenance Supervisor M745 7/12/2019 MID MGMT 53.30 55.96 58.76 61.70 64.79 Plant Mechanic - Apprentice D220 7/12/2019 WQCP OP ENG 30.25 32.58 34.91 37.23 39.56 41.89 44.21 46.54 Plant Mechanic - Hourly X355 7/12/2019 HOURLY 34.79 36.53 38.36 40.28 42.29 Plant Mechanic- Assistant - Hourly X135 7/12/2019 HOURLY 31.31 32.88 34.52 36.25 38.06 Plant Mechanic I D130 7/12/2019 WQCP OP ENG 34.79 36.53 38.36 40.28 42.29 Plant Mechanic II D135 7/12/2019 WQCP OP ENG 38.29 40.20 42.21 44.32 46.54 Steps are listed as hourly rates, except where otherwise specified Page 4 of 6 City of South San Francisco | Salary Schedule Effective 10/24/2019 JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Plant Mechanic- Lead D180 7/12/2019 WQCP OP ENG 43.15 45.31 47.58 49.96 52.46 Plant Operator - Apprentice D100 7/12/2019 WQCP OP ENG 28.97 31.20 33.43 35.66 37.88 40.11 42.34 44.57 Plant Operator I D145 7/12/2019 WQCP OP ENG 33.32 34.99 36.74 38.58 40.51 Plant Operator I - Contract Ft X145 7/12/2019 HOURLY 33.32 34.99 36.74 38.58 40.51 Plant Operator I - Hourly X140 7/12/2019 HOURLY 33.32 34.99 36.74 38.58 40.51 Plant Operator II D150 7/12/2019 WQCP OP ENG 36.67 38.50 40.43 42.45 44.57 Plant Operator II - Hourly X530 7/12/2019 HOURLY 36.67 38.50 40.43 42.45 44.57 Plant Operator III D200 7/12/2019 WQCP OP ENG 38.50 40.42 42.44 44.56 46.79 Plant Operator- Lead D190 7/12/2019 WQCP OP ENG 42.36 44.48 46.70 49.03 51.48 Plant Superintendent M355 7/12/2019 MID MGMT 69.06 72.51 76.14 79.95 83.95 Plant Superintendent - Assistant M465 7/12/2019 MID MGMT 56.36 59.18 62.14 65.25 68.51 Plant Utility Worker D125 7/12/2019 WQCP OP ENG 30.50 32.03 33.63 35.31 37.08 Plant Utility Worker - Hourly X490 7/12/2019 HOURLY 30.50 32.03 33.63 35.31 37.08 Police Captain M280 7/12/2019 PSM POLICE 88.89 93.34 98.00 102.90 108.05 Police Chief - Deputy M765 7/12/2019 PSM POLICE 85.71 90.00 94.50 99.23 104.19 Police Communications & Records Manager M285 7/12/2019 MID MGMT 55.42 58.19 61.10 64.16 67.37 Police Corporal C100 7/12/2019 PO SWORN 57.92 59.36 60.85 62.37 Police Court Liaison - Hourly X193 7/12/2019 HOURLY 26.66 27.99 29.39 30.86 32.40 Police Lieutenant M275 7/12/2019 PSM POLICE 75.15 78.91 82.86 87.00 91.35 Police Media Technician C220 7/12/2019 PO NONWORN 29.55 31.03 32.58 34.21 35.92 Police Officer C115 7/12/2019 PO SWORN 43.25 46.28 49.52 52.99 56.70 Police Property / Evidence Specialist C110 7/12/2019 PO NONWORN 28.85 30.29 31.80 33.39 35.06 Police Property/Evidence Assistant - Hourly X190 7/12/2019 HOURLY 26.66 27.99 29.39 30.86 32.40 Police Records Specialist C105 7/12/2019 PO NONWORN 26.66 27.99 29.39 30.86 32.40 Police Records Specialist - Hourly X191 7/12/2019 HOURLY 26.66 27.99 29.39 30.86 32.40 Police Records Specialist - Senior C180 7/12/2019 PO NONWORN 28.08 29.48 30.95 32.50 34.13 Police Records Specialist - Supervising C200 7/12/2019 PO NONWORN 30.66 32.19 33.80 35.49 37.26 Police Recruit C190 7/12/2019 PO SWORN 42.41 Police Reserve Officer - Hourly X325 7/12/2019 HOURLY 45.63 Police Sergeant C165 7/12/2019 PO SWORN 62.15 63.70 65.29 66.92 68.60 Police Service Technician C125 7/12/2019 PO NONWORN 27.44 28.81 30.25 31.76 33.35 Police Service Technician - Hourly X192 7/12/2019 HOURLY 26.64 27.97 29.37 30.84 32.38 Preschool Teacher I A495 7/12/2019 AFSCME 21.45 22.52 23.65 24.83 26.07 Preschool Teacher I - Hourly X690 7/12/2019 HOURLY 21.45 22.52 23.65 24.83 26.07 Preschool Teacher II A680 7/12/2019 AFSCME 23.59 24.77 26.01 27.31 28.68 Preschool Teacher II - Hourly X680 7/12/2019 HOURLY 23.59 24.77 26.01 27.31 28.68 Program Manager M750 7/12/2019 MID MGMT 53.14 55.80 58.59 61.52 64.60 Public Works Administrator M795 7/12/2019 MID MGMT 52.32 54.94 57.69 60.57 63.60 Public Works Assistant Director/City Engineer M755 7/12/2019 MID MGMT 77.10 80.95 85.00 89.25 93.71 Public Works Deputy Director M820 7/12/2019 MID MGMT 66.16 69.47 72.94 76.59 80.42 Public Works Inspector A310 7/12/2019 AFSCME 41.44 43.51 45.69 47.97 50.37 Steps are listed as hourly rates, except where otherwise specified Page 5 of 6 City of South San Francisco | Salary Schedule Effective 10/24/2019 JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Public Works Maintenance Worker A275 7/12/2019 AFSCME 27.06 28.41 29.83 31.32 32.89 Public Works Maintenance Worker - Hourly X345 7/12/2019 HOURLY 27.06 28.41 29.83 31.32 32.89 Public Works Maintenance Worker - Lead A200 7/12/2019 AFSCME 32.20 33.81 35.50 37.28 39.14 Public Works Maintenance Worker - Senior A360 7/12/2019 AFSCME 28.99 30.44 31.96 33.56 35.24 Recreation & Community Services Manager M715 7/12/2019 MID MGMT 52.25 54.86 57.60 60.48 63.50 Recreation & Community Services Prog Coor - Hourly X700 7/12/2019 HOURLY 29.71 31.20 32.76 34.40 36.12 Recreation & Community Services Program Coord M530 7/12/2019 MID MGMT 29.71 31.20 32.76 34.40 36.12 Recreation & Community Services Supervisor M295 7/12/2019 MID MGMT 42.43 44.55 46.78 49.12 51.58 Recreation Instructor - Hourly X350 7/12/2019 HOURLY 15.00 38.00 Recreation Leader I - Hourly X360 7/12/2019 HOURLY 15.00 15.75 16.54 17.36 18.23 Recreation Leader II A610 7/12/2019 AFSCME 16.20 17.01 17.86 18.75 19.69 Recreation Leader II - Hourly X365 7/12/2019 HOURLY 16.20 17.01 17.86 18.75 19.69 Recreation Leader III A620 7/12/2019 AFSCME 17.57 18.45 19.37 20.34 21.36 Recreation Leader III - Hourly X370 7/12/2019 HOURLY 17.57 18.45 19.37 20.34 21.36 Recreation Leader IV A515 7/12/2019 AFSCME 19.50 20.48 21.50 22.57 23.70 Recreation Leader IV - Hourly X375 7/12/2019 HOURLY 19.50 20.48 21.50 22.57 23.70 Safety Inspector - Hourly X181 7/12/2019 HOURLY 28.63 30.06 31.56 33.14 34.80 Safety Inspector I B200 7/12/2019 IAFF 50.27 52.78 55.42 58.19 61.10 Safety Inspector II B195 7/12/2019 IAFF 55.26 58.03 60.93 63.97 67.17 Safety Inspector III B190 7/12/2019 IAFF 59.44 62.41 65.53 68.81 72.25 Sweeper Operator A370 7/12/2019 AFSCME 31.50 33.08 34.73 36.47 38.29 Technical Services Supervisor M735 7/12/2019 MID MGMT 52.90 55.54 58.32 61.24 64.30 Tree Trimmer A375 7/12/2019 AFSCME 32.45 34.07 35.77 37.56 39.44 Van Driver A510 7/12/2019 AFSCME 16.57 17.40 18.27 19.18 20.14 Van Driver - Hourly X555 7/12/2019 HOURLY 16.57 17.40 18.27 19.18 20.14 Steps are listed as hourly rates, except where otherwise specified Page 6 of 6 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-866 Agenda Date:10/23/2019 Version:1 Item #:9. Report regarding a resolution approving a Master Encroachment Agreement with Sonic Telecom,LLC for the Installation of Network Facilities within the Public Rights-of-Way,and authorizing the City Manager to execute the agreement.(Eunejune Kim, Director of Public Works/City Engineer) RECOMMENDATION It is recommended that City Council adopt a resolution approving a Master Encroachment Agreement with Sonic Telecom,LLC for the Installation of Network Facilities within the Public Rights-of-Way,and Authorizing the City Manager to execute the agreement. BACKGROUND/DISCUSSION The City of South San Francisco (“City”)owns,manages,and regulates the use of public streets,easements, and public rights-of-way that have been dedicated to the City.Private utility companies and public utilities have the authority under state law and California Public Utilities Commission (CPUC)decisions to install and maintain their facilities within public streets and rights-of-way, subject to regulations imposed by the City. Sonic Telecom,LLC (“Sonic”)is planning a fiber-optic project within the City,and is requesting permission to install new fiber-optic lines/conduits within the City’s public rights-of-way east of Interstate 280.The majority of these installations will be overhead on existing joint use utility poles,while a small percentage will be underground. The fiber optic installations support high-speed telecommunications services. Staff recommends approval of a Master Encroachment Agreement to allow for the installation of facilities,and to outline the terms and conditions for the non-exclusive use of the public rights-of-way.This agreement grants a revocable license to Sonic to install fiber-optic facilities in the rights-of-way,but requires Sonic to obtain individual encroachment permits for each separate installation.The term of the agreement is ten (10)years from its execution, unless otherwise renewed by the parties. The Master Agreement provides the City with control over what,where,and how facilities are installed and maintained within the public rights-of-way,and it requires Sonic to provide the City with updated maps annually with details of their installations.Sonic is also responsible for damages to the rights-of-way due to construction of its facilities pursuant to the Master Agreement,and to maintain insurance coverage.The Master Agreement further imposes indemnification obligations on Sonic to indemnify,defend and hold harmless the City against liabilities arising from Sonic activities pursuant to the agreement,with the exception of those solely caused by the City’s gross negligence or willful misconduct. The Master Agreement also specifies that the City may order the removal or relocation of the fiber-optic City of South San Francisco Printed on 10/24/2019Page 1 of 2 powered by Legistar™ File #:19-866 Agenda Date:10/23/2019 Version:1 Item #:9. The Master Agreement also specifies that the City may order the removal or relocation of the fiber-optic facilities without cost to the City if the City determines (1)the right-of-way location is needed for City work or facilities;or (2)if the fiber-optic facilities are detrimental to governmental activities including interfering with City projects and installations. Likewise,the City may terminate this agreement with a ninety-day written notice in the event that (1)the fiber- optic facilities interfere with the use or disposal of the public right-of-way;(2)that Sonic fails to comply with the terms of the Master Encroachment Agreement;(3)bankruptcy or dissolution of Sonic;and (4)revocation, expiration or other loss of applicable permits or authorizations required by City or other laws for the fiber-optic facilities. The Master Encroachment Agreement has been negotiated by staff,and reviewed by the City Attorney as to form. FISCAL IMPACT Sonic will obtain individual City Encroachment Permits for each segment of fiber-optic line within City Streets and will be responsible for all fees associated with the permit application,staff review and construction inspections required for the underground portions.As a telecommunications company registered with the California Public Utilities Commission (CPUC)Sonic is not subject to additional rents or fees for these fiber optic installations. RELATIONSHIP TO STRATEGIC PLAN Approval of the Master Encroachment Agreement supports the City’s Strategic Plan to improve Quality of Life for the community;specifically promoting a full range of employment options through business retention and development projects. CONCLUSION It is recommended that Council adopt a resolution approving a Master Encroachment Agreement with Sonic for the Installation of Network Facilities within the Public Rights-of-Way, and authorizing the City Manager to execute the agreement. City of South San Francisco Printed on 10/24/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-867 Agenda Date:10/23/2019 Version:1 Item #:9a. Resolution approving a Master Encroachment Agreement with Sonic Telecom, LLC for installation of network facilities within the public rights-of-way, and authorizing the City Manager to execute the agreement. WHEREAS, the City of South San Francisco (“City”) owns, manages, and regulates the use of public streets, easements, and public rights-of-way that have been dedicated to the City; and WHEREAS, private companies and public utilities have the authority under state law and California Public Utilities Commission (CPUC) decisions to install and maintain facilities within these public streets and rights- of-way, subject to regulation by the City; and WHEREAS, Sonic (“Sonic”) is planning fiber-optic installations within the City; and WHEREAS, staff recommends that the City enter into a Master Encroachment Agreement with Sonic for the installation of such facilities; and WHEREAS, the Master Encroachment Agreement would grant a revocable license to Sonic to allow for the installations of these fiber-optic projects and will outline the terms and conditions for Sonic’s non-exclusive use of the public rights-of-way; and WHEREAS, the Master Encroachment Agreement would require Sonic to obtain individual encroachment permits for each separate installation, and would provide the City with control over the location, installation and maintenance of such facilities in the public way; and WHEREAS, Sonic will be required to annually submit updated maps with details of the installations; and WHEREAS, the Master Encroachment Agreement would require Sonic to remove or relocate their fiber-optic, without cost to the City, should the City determine such removal or relocation is necessary for City facilities or projects; and WHEREAS, the City may terminate the master Encroachment Agreement with a ninety-day written notice in the event of Sonic’s interference with the right-of-way, uncured default, bankruptcy or dissolution, or loss of any required legal permits; and WHEREAS, approval of the Master Encroachment Agreement supports the City’s Strategic Plan to improve Quality of Life for the community, and would promote employment opportunities and development. NOW, THEREFORE, BE IT RESOLVED that the South San Francisco City Council approves the Master Encroachment Agreement between the City and Sonic and authorizes the City Manager to execute the City of South San Francisco Printed on 10/24/2019Page 1 of 2 powered by Legistar™ File #:19-867 Agenda Date:10/23/2019 Version:1 Item #:9a. agreement. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intentions of this resolution. ***** City of South San Francisco Printed on 10/24/2019Page 2 of 2 powered by Legistar™ 1 ENCROACHMENT AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SONIC TELECOM, LLC FOR THE INSTALLATION OF TELECOMMUNICATIONS NETWORK FACILITIES WITHIN PUBLIC RIGHT-OF-WAY This Agreement (“Agreement”), dated this ______ day of September 2019 (“Effective Date”) by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (herein termed "City"), and SONIC TELECOM, LLC, a California limited liability company (herein termed "Sonic"). RECITALS A. Sonic has received Certificates of Public Convenience and Necessity (“CPCN”) from the Public Utilities Commission of the State of California ("CPUC") to operate as a provider of facilities-based and resold local exchange and interexchange communications services; and B. Sonic desires to construct, install and maintain Telecommunications Network Facilities within the Public Right-of-Way and/or public utility and/or service easements within City in order to provide Telecommunications Services; and C. City has the authority to regulate the terms and conditions for the use of Public Right- of-Way for the construction, installation and maintenance of the Telecommunications Network Facilities by telecommunications services providers; and D. In order to encourage telecommunications infrastructure development and to promote the management of the Public Right-of-Way in the interest of public health, safety, and welfare, the City desires to permit Sonic to construct Telecommunications Network Facilities, as defined herein, in accordance with the terms, conditions, and covenants contained in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, City and Sonic agree as follows: 1.DEFINITIONS. 1.1. "Authorized Routes" shall mean the Public Right-of-Way within the City as set forth on the maps attached as Exhibit A, as such routes may be modified from time to time during the term of this Agreement upon Sonic’s request and with the written approval of the City Engineer. 1.2. "City" means the City of South San Francisco, a municipal corporation of the State of California, and includes the duly elected or appointed officers, agents, employees, and volunteers of the City of South San Francisco, individually or collectively. 1.3. "City Engineer" means the individual designated as the Director of Public Works of the Exhibit A 2 City, including any individual expressly designated to exercise functions with respect to the rights and obligations of the Director of Public Works under this Agreement and any other individual, person, division, department, bureau, or agency of the City as may, from time to time, exercise functions equivalent or similar to those now exercised by the Director of Public Works. 1.4. "Sonic" shall mean Sonic Telecom, LLC, and its lawful successors or assigns as permitted by Section 17.2 of this Agreement. 1.5. “Default” shall mean a failure on the part of any party to perform any material obligation imposed upon such party. 1.6. "Emergency" is defined as a complete or partial failure or breakage of any portion of the City infrastructure which impacts services. An emergency repair is defined as remedial activity to protect the public health and safety, in the judgment of the City. 1.7. "Encroachment Permit" shall mean that permit required by Chapter 13.04 of the South San Francisco Municipal Code. 1.8. “Force Majeure” means an unforeseen cause beyond a party’s control, including but not limited to; any incidence of fire, flood, explosion, war, or embargo; acts of God; commandeering of materials, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. 1.9. "Laws" means any applicable order, certificate, judicial decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, administrative order, authorization, permits, or other requirement of any municipality, county, state, federal, or other agency having joint or several jurisdiction over the parties to this Agreement, in effect either at the time of execution of this Agreement or at any time during the location of the Facilities in the Public Right-of-Way including, without limitation, any regulation or order of an official entity or body. A reference to "Laws" shall include, without limitation, any lawful provision of the South San Francisco Municipal Code or any other City ordinance, policy, regulation, or standard specifications. 1.10. "Public Right-of-Way" means the surface, the air space above the surface, and the area below the surface of the public streets, roads, sidewalks, lanes, courts, ways, alleys, boulevards, and places including, without limitation, all public utility easements and public service easements as the same now or may hereafter exist that are under the jurisdiction of the City. This term shall not include any property owned by any person or agency other than the City, except as provided by Laws or pursuant to an agreement between the City and any person. 1.11. "Telecommunications" shall mean the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. 3 1.12. "Telecommunications Network Facilities" or "Facilities", means cables, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location markers, appurtenances, and related facilities located by Sonic or to be located by Sonic in the Public Right-of-Way of City and used for the transmission of Telecommunications Services. No portion of "Facilities" shall constitute all or any portion of a cable system (as such term is defined in 47 U.S.C. § 522) or community antennae television system. "Facilities" shall not include radios, antennas, vaults, pedestals or other enclosures located in the Public Right-of-Way that contain generators, batteries or other back-up power equipment, or that are larger than a standard manhole or handhole, unless permitted consistent with applicable Law (as such term is defined in this Agreement) and the City’s generally applicable standards and authorizations required. 1.13. "Telecommunications Services" shall mean the offering of telecommunications, including, without limitation, the leasing, grant of indefeasible rights of use in, or other provision of dark fiber and other network elements to affiliates and third parties, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. 2. LIMITATIONS AND RESTRICTIONS. 2.1. Subject to the provisions of this Agreement and all Laws, the City hereby licenses and permits Sonic to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove, and replace (hereinafter collectively referred to as "Construct" or "Construction") the Facilities in, under, over, across and along the Public Right-of-Way in the Authorized Routes for the purposes of providing Telecommunications Services. Any work performed pursuant to the rights granted to Sonic under this Agreement shall be subject to the prior review and prior approval of the City Engineer. 2.2. Prior to any construction by Sonic in any section of the Authorized Routes as described more particularly in the maps under Exhibit A, Sonic shall obtain the City Engineer’s approval, consistent with all applicable laws and standards, including a City Encroachment Permit as provided by Section 11 of this Agreement, and all other necessary authorizations. 2.3. Except as permitted by Laws or this Agreement, in the performance and exercise of its rights and obligations under this Agreement, Sonic shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, easements, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility and municipal property without the approval of the owner(s) of the affected property or properties. 2.4. Both the City and Sonic shall expressly comply with all Laws in the exercise and performance of their rights and obligations under this Agreement. Each party preserves all of its rights under all Laws. 2.5. This Agreement is not a grant by City of any property interest but is made subject and 4 subordinate to the prior and continuing right of City and its assigns to use all the Public Right-of-Way in the performance of its duty, including but not limited to, public use as a street and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing City-owned sanitary sewers, water main, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television and other utility and municipal uses together with appurtenances thereof and with right of ingress and egress, along, over, across and in said Public Right-of-Way. 2.6. This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the Public Right-of-Way, and it is understood that Sonic, at its own cost and expense, shall obtain such permission as may be necessary and consistent with any other existing rights. 2.7. The Construction, installation, operation, maintenance and removal of said Facilities shall be accomplished without cost or expense to City, and shall be performed subject to the reasonable approval of the City Engineer in such a manner as not to endanger personnel or property, or unreasonably obstruct travel on any road, walk or other access thereof within said Public Right-of-Way and consistent with Laws and all applicable City permits, authorizations and approval standards. 2.8. In the event of an emergency repair of City facilities in proximity to Sonic facilities, which repair may conflict with or threaten Sonic facilities, Sonic shall immediately, upon notice by City, provide a representative to the repair site. Protective measures, as determined by the Sonic representative, at the election of the City, may be undertaken by the City at Sonic's expense. Should City not elect to perform such protective action, Sonic shall provide the resources to conduct the protective measures upon City's demand under the direction of the City and in a manner consistent, in the City's sole discretion reasonably exercised, with the execution of the City's responsibilities in the emergency. Priority shall be given to activities necessary to restore City services and for public safety. 3. TERM AND TERMINATION. 3.1. Duration. This Agreement shall remain in force and effect for ten (10) years from the Effective Date, subject to the City’s authority to regulate the terms and conditions of Sonic’s use of the Public Right-of-Way. If none of the grounds for termination listed in Section 3.2 of this Agreement exist at the end of the initial term (or any Renewal Term), the Agreement shall automatically renew for consecutive ten (10) year periods (each a “Renewal Term”) on the same terms and conditions unless either party provides written notice to the other party at least six (6) months prior to the expiration of the then-current term stating it does not wish to renew the Agreement. 3.2. Termination. The City may terminate this Agreement by giving ninety (90) days’ notice: 3.2.1. As a result of a determination by City that the provisions herein interfere with the use or disposal of the Public Right-of-Way or any part thereof by City. Where only a portion of Sonic’s Facilities interfere with the use or disposal of the Public Right-of- Way, the City, at its sole discretion reasonably exercised, may elect to require Sonic to relocate the said portion in accordance with Section 10 “Removal and Relocation” of 5 this Agreement. 3.2.2. For failure, neglect, or refusal by Sonic to fully and promptly comply with any and all of the conditions of this Agreement, for failure to fully and promptly cure any default of its obligations hereunder of which the City has notified Sonic in writing, or for nonuse/abandonment in accordance with Section 10 “Removal and Relocation” herein, unless Sonic confirms within thirty (30) days of receipt of the notice that the cited condition or default has ceased, been corrected or, subject to the City’s approval, is diligently being pursued or being cured by Sonic. If such cited condition cannot be cured within thirty (30) days, such cure period will be extended for a reasonable period at the sole discretion of City reasonably exercised, provided that Sonic has commenced and is continuing efforts to cure the default. For the purposes of this section, a failure on the part of any party to perform any material obligation imposed upon such party shall constitute a default and a material breach of this Agreement. Notwithstanding anything to the contrary herein, Sonic shall not be found in default, liable for damages, or otherwise penalized, in the event that any failure to comply with any term or condition of this Agreement is a result of Sonic suffering a Force Majeure condition. 3.2.3. An order entered by a court of competent jurisdiction approving a petition in bankruptcy or ordering the dissolution, winding up or liquidation of Sonic or appointing a custodian, receiver, trustee, or other officer to administer a substantial part of Sonic’s property. 3.2.4. The revocation, expiration or other loss of applicable permits or authorizations required by City, state or federal law for the use, maintenance or operation of the Facilities. 3.3. Sonic may terminate this Agreement at any time upon ninety (90) days prior written notice to City. 3.4. Upon termination, Sonic shall abandon or remove the Facilities as set forth in section 10 "Removal and Relocation" of this Agreement. 4. COMPLIANCE WITH STANDARDS. 4.1. Prior to any Construction in Public Right-of-Way, Sonic shall obtain an Encroachment Permit from City. Sonic shall Construct Facilities in accordance with Laws. 4.2. Sonic agrees to keep said Facilities in good and safe condition and free from any nuisance, to the reasonable satisfaction of the City Engineer. 4.3. Sonic agrees to comply with the City’s Open Trench Notification and Telecommunication Infrastructure Improvements ordinance most currently adopted by the City Council and Open Trench Notification and Telecommunication Infrastructure Improvements policy(ies) most currently in effect, cooperate in the planning, locating and constructing of its Facilities in utility joint trenches or common duct banks with other similar utilities and to participate in cost-sharing for the joint trench and ducts, when such joint utility 6 installations are being planned for or exist in an area, provided however, that participation in such joint utility installments shall be on terms and conditions satisfactory to Sonic and City. 4.4. The City requires that the Facilities shall be underground, provided that City shall not require Sonic to construct new Facilities underground where the facilities of the incumbent local exchange carrier, the electric company, the cable company, or any other wireline telecommunications provider are aerial. The design of all improvements shall be in accordance with Laws and all generally applicable City authorization, permit and approval requirements. 5. SERVICES. Sonic shall provide Telecommunications Services through the Facilities in the Public Right-of-Way along the Authorized Routes in accordance with the requirements herein. 6. SERVICE CHANGE. 6.1. If the nature or character of Sonic's telecommunications services changes to include cable (television) service (as such term is defined in 47 U.S.C. § 522), open video system (as such term is described in 47 U.S.C. § 573), or broadcast television or community antenna, by Sonic, Sonic shall notify City in writing, as soon as practicable, but in any event Sonic shall notify City in writing at least three (3) months in advance of Sonic's intent to change the service provided through Facilities. In the event of such a change, Sonic shall comply with any lawful fee or franchise requirement of City. Should Sonic become aware that its customers are providing additional or alternative services, Sonic shall promptly notify the City of the nature of these services. 6.2. Sonic acknowledges that any expansion or change in the character and nature of Telecommunications Services may increase City's regulatory authority over such service and/or product, and this may, at City's election, require Sonic to enter into a new Agreement consistent with the requirements of a hereinafter-enacted City ordinance regulating such services or the expansion or change in service, if all or any part of such service change falls under the regulation, jurisdiction and authority of City. 7. RESERVATION OF RIGHTS. 7.1. City reserves any and all rights it may have now or in the future to legally regulate or otherwise condition the use of Facilities and related activities and services to be provided pursuant to this Agreement. 7.2. City's approval of this Agreement is not a waiver of and is without prejudice to any right City may have under Laws to regulate, tax or impose fees or charges on Sonic or any right Sonic may have under Laws to provide services through the Facilities pursuant to Laws. Sonic shall be subject to any future taxes, fees or charges that City lawfully imposes on the Facilities or services provided through the Facilities in the future. 8. NO FRANCHISE OR PROPERTY RIGHTS CREATED. Nothing in this Agreement shall be construed as granting or creating any franchise rights or property interests, and shall not be construed as creating a vested right of any nature in Sonic to use the Public Right-of- 7 Way. This Agreement does not require City to approve any particular encroachment permit applications, nor does it provide Sonic with any interest in any particular location within the Public Right-of-Way. 9. TAXES. 9.1. Sonic shall be solely responsible for the payment of any and all lawful taxes, fees and assessments relating to its use and maintenance of the Facilities, including but not limited to any property taxes levied on any possessory interest that may be created by Sonic’s use of the Public Right-of-Way. 9.2. Telephone Users Tax. Although the City does not have a telephone users tax and does not anticipate enacting such a tax in the foreseeable future, the City reserves the right to impose a telephone users or comparable tax on Sonic's service users, and to require Sonic to collect and distribute such tax to the City, to the full extent permitted by Laws. 10. REMOVAL AND RELOCATION. 10.1. Upon receipt of a written demand from the City, Sonic shall remove or relocate, without cost or expense to City, any Facilities installed, used and maintained under this Agreement to such other location or locations in accordance with conditions and standards as may be designated by City, if and when made necessary (a) due to any work proposed to be done by or on behalf of the City or other governmental agency, including by any lawful change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground subway or viaduct by City and/or the construction, maintenance or operation of any other City underground or aboveground facilities; or (b) due to a determination by the City that the Facilities are detrimental to governmental activities, including but not limited to, interference with City construction projects, or are in conflict vertically and/or horizontally with any proposed City installation. 10.2. Sonic shall complete such removal or relocation within ninety (90) days of notification by City, or according to an agreed upon schedule with the City of no less than ninety (90) days, except in the event Sonic suffers a Force Majeure. If circumstances exist that require a shorter period of time in order to protect the public health, safety, or welfare, the City shall notify Sonic of the shorter time period required and the reason wherefore. The City Engineer, at his or her sole discretion, may grant to Sonic a longer period of time in which to remove or relocate the Facilities, upon request of Sonic. 10.3. In the event said Telecommunications Network Facilities are not removed or relocated within ninety (90) days (or other time period if applicable) after said notification and Sonic has not suffered a Force Majeure, City may cause the same to be done at the sole expense of Sonic, which Sonic shall promptly reimburse to the City within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs. Any removal or relocation work by Sonic shall only be done pursuant to a City Encroachment Permit for the work. 10.4. If any portions of the Facilities covered under this Agreement are no longer used by 8 Sonic, or are abandoned for a period in excess of six (6) months, Sonic shall notify City and shall either promptly vacate and remove the facilities at its own expense or, at City's discretion, may abandon some or all of the facilities in place. Following such removal or abandonment as approved by the City, Sonic shall have no further obligations to the City under this Agreement with respect to the removed or abandoned portions of the Facilities. 10.5. When removal or relocation are required under this Agreement, Sonic shall, after the removal or relocation of the Facilities, at its own cost, repair and return the Public Right- of-Way or public utility or service easements on which the facilities were located to a safe and satisfactory condition in accordance with the construction-related conditions and specifications as established by City according to its standard practice. Should Sonic remove the Facilities from the Public Right-of-Way, Sonic shall, within ten (10) days after such removal, give notice thereof to City specifying the Right-of-Way affected and the location thereof as well as the date of removal. Before proceeding with removal or relocation work, Sonic shall obtain an Encroachment Permit from the City. If Sonic fails to perform said repair work, the City shall have the option to perform such work at Sonic’s sole expense, which Sonic shall promptly reimburse to the City within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs. 11. ENCROACHMENT PERMIT AND FEES. 11.1. Sonic shall apply for an Encroachment Permit for all work and each job within the Public Right-of-Way. Sonic shall furnish detailed plans of the work, including proposed underground and overhead routes, and other such information as required by the City Engineer and shall pay all processing, field marking, engineering and inspection fees, and any other fees that the City may be authorized to impose now or in the future prior to issuance of the permit in accordance with the rates in effect at the time of payment. Said improvements shall be constructed in accordance with Laws, and as further provided for in the provisions of this Agreement. The City may, at its option, require Sonic to deposit an amount equal to the reasonable estimate of the City's actual costs of issuing an Encroachment Permit. Sonic shall pay such deposit in the amount specified by the City prior to the issuance of an Encroachment Permit. City shall be entitled to draw on this deposit on a time and materials basis as reimbursement for the City's actual costs incurred in issuing the Encroachment Permit. The City shall refund any unused portion of the deposit to Sonic upon completion of the work described in the Encroachment Permit. If, in the event that City reasonably determines that the amount of the deposit remaining will not be sufficient to reimburse the City for its estimated actual costs through completion of the work, City may require Sonic to deposit an additional reasonable amount within five (5) days of written notice thereof. 11.2. Failure to comply with the terms and conditions of this Agreement may, at City's sole discretion, result in withholding issuance of any new Encroachment Permits, provided, however, that the City must give Sonic notice and an opportunity to cure. 12. DAMAGE TO FACILITIES IN PUBLIC RIGHT-OF-WAY. 12.1. Sonic shall be responsible for any damage to Public Right-of-Way due to the 9 Construction performed by Sonic in Public Right-of-Way, and Sonic shall repair, replace and restore in kind the said damaged facilities in accordance with City standards at Sonic's sole expense. 12.2. If Public Right-of-Way to be used by Sonic has preexisting installation(s) placed in the Right-of-Way, Sonic shall assume the responsibility to verify the location of the preexisting installation(s) and notify City and any third party of Sonic's proposed installation. The cost of any work required of City to provide adequate space or required clearance to accommodate Sonic's installation shall be borne solely by Sonic. 13. RECORDS AND FIELD LOCATIONS. 13.1. Sonic shall maintain accurate maps and improvement plans of its Facilities located with the City. Sonic shall, within thirty (30) days after completion of an installation in the Public Right-of-Way, and otherwise upon demand of the City Engineer, deliver to the office of the Public Works Department free of charge, and to other third parties who have submitted permit applications to the City to perform work within Public Right-of-Way for a reasonable charge and subject to reasonable confidentiality restrictions upon request, within thirty (30) days after such demand, such maps and plans as may be required to show in detail the exact location of all Facilities installed within said Public Right-of-Way that will be affected by such work. In addition, the City Engineer requires Sonic to provide the City with maps and plans on electronic media suitable for a Computer Aided Design and Drafting application. City shall use such information only as needed to manage the Public Right-of-Way, including, but not limited to, coordination of construction schedules, prevention of interference among the various utilities and systems in the public right-of- way, and enforcement of building and zoning regulations. The parties acknowledge that the City is subject to the requirements of the California Public Records Act, Government Code section 6250 et seq., and may be required to disclose information provided by Sonic to the City upon request of a third party. For information designated by Sonic as confidential or proprietary by placing a legend upon each affected page of such map or improvement plan, City shall notify Sonic of such request at least five (5) days prior to disclosure of information designated as confidential or proprietary. 13.2. Sonic shall, at its sole cost and expense, expose by potholing to a depth of one (1) foot below the bottom of its subsurface Facilities, within thirty (30) days of receipt of a written request from City to do so. 13.3. Sonic shall be a member of the regional notification center for subsurface installations (Underground Services Alert) and shall field mark, at its sole expense, the locations of its underground Facilities upon notification in accordance with the requirements of Section 4216 of the State of California Government Code, as it now reads or may hereinafter be amended. 14. HOLD HARMLESS, RELEASE AND INDEMNIFICATION. 14.1. Sonic, jointly and severally, for itself, its successors, agents, contractors and employees, agrees to indemnify, defend (with counsel acceptable to City) and hold harmless City, its officers, employees and agents and any successors to City's interest from and against any 10 and all claims, injuries, property damages, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the "Losses") arising directly or indirectly, in whole or in part, out of the activities of Sonic described in this Agreement, and/or the installation, operation, removal and/or repair of the improvement and Facilities thereunder, except to the extent such Losses are solely caused by the City's acts or omissions of gross negligence or willful misconduct. For purposes of this section 14 only, the term "cleanup actions" shall refer to such actions as are necessary to remediate damage caused directly or indirectly by Sonic, its employees, agents, contractors, or subcontractors. For the purposes of the indemnity obligation under this section 14, “activities of Sonic” includes acts or omission of Sonic or its employees, sub-grantees, invitees, contractors, subcontractors or agents relating to the Sonic’s performance of this Agreement. 14.2. In the event that Sonic, its employees, agents, contractors, or subcontractors shall discover contamination or hazardous materials while performing any work in the public right-of-way, regardless of the source, Sonic shall cause all work to be stopped and shall immediately notify City of the discovery. Sonic agrees that the provisions of this section shall fully apply in the event of a failure by Sonic to stop work and immediately notify the City. 14.3. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and City’s costs of investigating any claims against the City. 14.4. Assumption of Risk and Release. Sonic assumes all risk of damage to any and all other property of Sonic, or any property under the control or custody of Sonic while upon or near the Public Right-of-Way incident to the use of the Public Right-of-Way, except to the extent such Losses arises from the City's sole intentional or negligent acts or omissions. Sonic releases City from any liability, including claims for damages or extra compensation, arising from construction delays due to any activities by City, except to the extent such Losses arises from the City's sole intentional or negligent acts or omissions. Under no circumstances shall City be liable to Sonic for any loss of service downtime, lost revenue or profits or third-party damages. 14.5. Survival. Sonic’s obligations under this section 14 shall survive termination of this Agreement. 15. INSURANCE. 15.1. Prior to the issuance of an encroachment permit, Sonic shall obtain and maintain comprehensive general and automotive liability insurance protecting Sonic in an amount of not less than One Million Dollars ($1,000,000) per occurrence, including bodily injury and property damage, as a combined single limit or equivalent. Such insurance shall name City, as defined above, as additional insured parties. Coverage shall be in accordance with the limits specified and the provisions indicated herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, it must follow the form of 11 the underlying coverage. Such insurance shall not be canceled or materially altered to reduce coverage without giving City at least thirty (30) days advance written notice of such cancellation or change, and it shall be the responsibility of Sonic to notify City of such change or cancellation. This insurance shall apply to all encroachment permits issued under this Agreement. 15.2. Sonic shall file the required original Certificate of Insurance with endorsements with City, subject to City's approval, and shall clearly state: a. Policy number; name of insurance company; name, address and telephone number of agent or authorized representative; name, address and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts. b. That Sonic's insurance is primary. 15.3. Workers Compensation Insurance: Prior to the issuance of an encroachment permit, Sonic shall obtain and maintain statutory Workers Compensation and employer's liability insurance as required by law and furnish City with a certificate showing proof of such coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Sonic’s performance of this Agreement. 15.4. Insurance Companies: Insurance companies must be admitted in California and rated at least A- in Best's Insurance Guide. 16. PERFORMANCE BOND. 16.1. Prior to the issuance of an Encroachment Permit, Sonic shall provide City with a performance bond naming City as obligee in the amount equal to one hundred percent (100%) of the estimated cost of the repairs to the Public Right-of-Way to guarantee and assure the faithful performance of Sonic's obligations under this Agreement, unless the City has specifically waived this requirement in writing. 16.2. City shall have the right to draw against the bond in the event of a default by Sonic or in the event that Sonic fails to meet and fully perform any of its obligations, only after providing Sonic with notice and an opportunity to cure. The form of the bond shall be subject to the prior approval of the City Engineer. 16.3. The bond shall remain in full force until one (1) year after the Construction is completed, inspected and accepted by the City Engineer. 16.4. This Section shall not be construed to eliminate or reduce Sonic's continuing obligation to repair any damage to the public right-of-way resulting from the installation, relocation or removal of the Facilities. 12 17. MISCELLANEOUS. 17.1. Business License. Sonic shall obtain a Business License from the City prior to the issuance of an Encroachment Permit under this Encroachment Agreement. 17.2. Assignment. This Agreement shall not be assignable by Sonic without the prior written approval of City, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Sonic may assign the rights granted hereunder to a parent, or successor of Sonic, now or hereinafter existing, by only providing notice to City of such assignment. 17.3. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties. 17.4. Governing Law. This Agreement must be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. Any action concerning this Agreement must be brought and heard in the state or federal courts encompassing the City of South San Francisco, California. 17.5. Severability. If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement. 17.6. Third Party Notifications. This Agreement shall be subject to such changes or modifications as may be required or authorized by any regulatory commission in the exercise of its lawful jurisdiction. 17.7. No Waiver. The failure of either party on one or more occasions to exercise a right or to require compliance or performance under this Agreement or any other applicable state or federal law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by such party nor to excuse the other party from complying or performing, unless such right or such compliance or performance has been waived in writing. 17.8. Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together will be one and the same instrument. 17.9. Successors. This Agreement is binding upon the successors, assigns, and transferees of the parties hereto. 13 18. NOTICE. Sonic's Operations Center shall be available to City staff 24 hours a day, 7 days a week, regarding problems or complaints resulting from the Facilities installed pursuant to this Agreement and may be contacted by telephone at 1-877-706-5662, or by email at [email protected], regarding such problems or complaints. Sonic shall designate a person in California who is authorized to accept service of process on behalf of Sonic. All notices given or which may be given pursuant to this Agreement shall be in writing and transmitted by United States mail or by private delivery systems or by facsimile if followed by United States mail or by private delivery systems as follows: To City at: City of South San Francisco Director of Public Works 550 N. Canal St. South San Francisco, CA 94080 (650) 877-8550 To Sonic at: SONIC TELECOM, LLC Attn. General Counsel 2260 Apollo Way Santa Rosa, CA 95407 With CC to: Sonic.net, LLC Attn: Dane Jasper, CEO 2260 Apollo Way Santa Rosa, CA 96507 [Signatures on the Following Page] 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the date and year first written herein. SONIC TELECOM, LLC ______________________________ Nathan Patrick Chief Technology Officer ______________________________ Date CITY OF SOUTH SAN FRANCISCO _______________________________ City Manager _______________________________ Date Approved as to Form: ___________________________ City Attorney Attest: __________________________ City Clerk 3345794.1 15 ACKNOWLEDGMENT State of California State of California County of _________________________________) On ________________________________ before me, ________________________________________, (insert name and title of the officer) personally appeared ____________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 16 EXHIBIT A [AUTHORIZED ROUTES] City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-876 Agenda Date:10/23/2019 Version:2 Item #:10. San Mateo County City Selection Committee (Richard Garbarino, Vice Mayor) City of South San Francisco Printed on 10/24/2019Page 1 of 1 powered by Legistar™ Updated on 12/17/2018 TO: Sukhmani S. Purewal, Secretary City Selection Committee SUBJECT: Alternate to the City Selection Committee I __________________________, Mayor of the City/Town of _____________________________, hereby appoint Councilmember __________________________________________, to serve as my alternate to the City Selection Committee meeting(s). In the absence of my appointee, I then appoint: (Please choose one) Councilmember __________________________________ to represent me Vice-Mayor and each Councilmember in order of seniority (You must check only ONE of the following options) My alternate is to serve for the: meeting only Date duration of my term of office as Mayor I do not choose to appoint an alternate ________________________________________ ___________________________ Signature of Mayor Date Please return to: Sukhmani S. Purewal, Secretary City Selection Committee Hall of Justice, 400 County Center / CMO 105 Redwood City, CA 94063 Or Fax to 650 363-1916 or bring to the meeting If you should have any questions please do not hesitate to call me (650) 363-1802 SAN MATEO COUNTY CITY SELECTION COMMITTEE Glenn R. Sylvester, Chairperson Sue Vaterlaus, Vice Chairperson Sukhmani S. Purewal, City Selection Secretary 400 County Center Redwood City, 94063 650-363-1802 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-674 Agenda Date:10/23/2019 Version:1 Item #:11. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Leah Lockhart, Human Resources Director Employee organization: AFSCME, Local 829; Confidential Unit - Teamsters Local 856; International Union of Operating Engineers, Local 39; and Mid-management Unit - Teamsters Local 586 City of South San Francisco Printed on 10/28/2019Page 1 of 1 powered by Legistar™