HomeMy WebLinkAbout2019-06-12 e-packet@6:00Wednesday, June 12, 2019
6:00 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
Special City Council
Special Meeting Agenda
June 12, 2019Special City Council Special Meeting Agenda
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of
California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, June
12, 2019, at 6:00 p.m., in the City Council Chambers, Municipal Services Building, 33 Arroyo Drive, South
San Francisco, California.
Purpose of the meeting:
Call to Order.
Roll Call.
Agenda Review.
Public Comments - comments are limited to items on the Special Meeting Agenda.
ADMINISTRATIVE BUSINESS
Report regarding a resolution approving a consulting services agreement with
Superion, LLC of Lake Mary, Florida in the amount not to exceed $445,256 for a five
year term to upgrade the City’s existing permitting system, and provide ongoing
maintenance and support, and authorizing the City Manager to execute the agreement.
(Tony Barrera, Information Technology Director).
1.
Resolution approving a consulting services agreement with Superion, LLC of Lake
Mary, Florida in the amount not to exceed $445,256 for a five year term to upgrade
the City’s existing permitting system, and provide ongoing maintenance and support,
and authorizing the City Manager to execute the agreement.
1a.
Report regarding a resolution approving the services of three underwriting firms: Stifel
as Senior Manager, and Citi and Raymond James as Co-Managers for the Measure W
Community Civic Campus project financing, and authorizing the City Attorney to
retain bond and disclosure counsel. (Justin Lovell, Financial Services Manager).
2.
Resolution approving the services of three underwriting firms: Stifel as Senior
Manager, and Citi and Raymond James as Co-Managers for the Measure W
Community Civic Campus project financing, and authorizing the City Attorney to
retain bond and disclosure counsel.
2a.
Report regarding a resolution confirming the change in solid waste collection rates to
be collected by the South San Francisco Scavenger Company effective July 1, 2019.
(Christina Crosby, Interim Director of Finance).
3.
Resolution confirming the change in solid waste collection rates to be collected by the
South San Francisco Scavenger Company effective July 1, 2019. (Christina Crosby,
Interim Director of Finance).
3a.
Page 2 City of South San Francisco Printed on 8/14/2019
June 12, 2019Special City Council Special Meeting Agenda
Report regarding an Ordinance repealing and replacing Title 8, Chapter 8.20 of the
South San Francisco Municipal Code relating to illegal dumping and littering. (Sarah
Henricks, Management Analyst II).
4.
Ordinance repealing and replacing Chapter 8.20 of the South San Francisco Municipal
Code regarding Illegal Disposal of Discarded Items and Waste Matter and illegal
littering.
4a.
Adjournment.
Page 3 City of South San Francisco Printed on 8/14/2019
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:19-351 Agenda Date:6/12/2019
Version:1 Item #:1.
Report regarding a resolution approving a consulting services agreement with Superion,LLC of Lake Mary,
Florida in the amount not to exceed $445,256 for a five year term to upgrade the City’s existing permitting
system,and provide ongoing maintenance and support,and authorizing the City Manager to execute the
agreement. (Tony Barrera, Information Technology Director).
RECOMMENDATION
Staff recommends approving a five-year consulting services agreement with Superion,LLC of Lake Mary,
Florida in an amount not to exceed $445,256 for upgrading the City’s permitting system,and subsequent
support, and authorizing the City Manager to execute the agreement.
..Body
BACKGROUND/DISCUSSION
The City of South San Francisco has been using the TRAKIT permitting system since 2001 to manage building,
engineering,and fire permits,development projects,business licenses and code enforcement cases.The system
is heavily used by several departments and has been very stable throughout the years.When the City first
began using the TRAKIT system,the vendor providing the application system and support was CRW.In 2015,
Superion,LLC acquired the original company,CRW,and continued to provide maintenance and support to the
TRAKIT system, including making several beneficial improvements to the application.
In 2016-2017 staff implemented the online portal of the TRAKIT application which provides businesses,
contractors,homeowners and developers easy online access to apply for permits,make online payments,check
permit status and renew business licenses.The system has provided significant value to City staff and helped
streamline departmental processes, reduce paper, and provide an easy one stop permit center.
Recently,City staff was informed by Superion that the City’s current version of the TRAKIT software has
reached its end of life and soon Superion will no longer provide support and maintenance for TRAKIT.In order
to continue utilizing the same permit tracking system,City staff is recommending upgrading to the latest
version of the application,now called Community Development Software,to continue with the permitting
system in place and take advantage of new features.This major software release will include an improved web-
based user interface,a redesigned business license module,and integration with the City document repository
application.In addition,the upgrade will allow departments to review current business practices and processes
within the application and modify it for optimal use.
Because Superion is the only vendor that offers the new version of TRAKIT,City staff did not seek proposals
from other software vendors.City staff recommends entering into the proposed consulting services agreement
with Superion for continued software maintenance and support.For these reasons,a RFP process would be
impracticable and not beneficial for the City.California Public Contract Code Section 3400(c)permits general
law cities to suspend competitive bidding and to make sole source purchases of products or equipment in order
to match other products currently in use.In addition,the South San Francisco Municipal Code subsection (a)of
Section 4.04.080 permits the City to dispense with open market procedures if a commodity can only be
obtained from one vendor.
If,during the term of the agreement,the City no longer is satisfied with the system,the City may choose toCity of South San Francisco Printed on 8/14/2019Page 1 of 2
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If,during the term of the agreement,the City no longer is satisfied with the system,the City may choose to
terminate the agreement at any time with 60 days written notice to the vendor.
FISCAL IMPACT
The proposed contract with Superion,LLC is for a total amount of $445,256.This includes data migration,
training, report writing and maintenance. The funding is included in the Fiscal Year 2018-2019 budget.
The cost of the upgrade is broken down as follows:
Professional Services:$88,240
Travel Expenses, not to exceed:$18,000
Year 1 Annual Maintenance:$61,353
After the initial year, the annual maintenance fee will increase by five percent each year as indicated below:
Year 2:$64,421
Year 3:$67,643
Year 4:$71,024
Year 5:$74,575
RELATIONSHIP TO STRATEGIC PLAN
The permitting system upgrade is an action under the Financial Stability section of the City Strategic Plan.
CONCLUSION
The TRAKIT permitting system has been a reliable and easy to use application for staff for many years.
Upgrading to the latest version,now called Community Development Software,will result in a better user
experience for residents, businesses and contractors, while maintaining a reliable application for staff.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:19-352 Agenda Date:6/12/2019
Version:1 Item #:1a.
Resolution approving a consulting services agreement with Superion,LLC of Lake Mary,Florida in the amount
not to exceed $445,256 for a five year term to upgrade the City’s existing permitting system,and provide
ongoing maintenance and support, and authorizing the City Manager to execute the agreement.
WHEREAS,the TRAKIT permitting software system has been in place for 18 years and has reached
its end of life; and
WHEREAS,the system is used by multiple departments to manage building,engineering,and fire
permits, development projects, business licenses and code enforcement cases; and
WHEREAS,businesses,contractors,homeowners and developers use the system for streamlined
business license renewals and permit applications; and
WHEREAS,upgrading to the newest version of the TRAKIT software,Con will provide an affordable
and efficient method to retain this valuable service; and
WHEREAS,the total cost of $445,256 includes data migration,training,report writing and support
and maintenance for five years; and
WHEREAS,California Public Contract Code Section 3400(c)permits general law cities to suspend competitive
bidding and to make sole source purchases of products or equipment in order to match other products in use on
a particular public improvement either completed or in the course of completion,or to obtain a necessary item
that is only available from one source; and
WHEREAS,South San Francisco Municipal Code subsection (a)of Section 4.04.080 permits the City to
dispense with open market procedures if a commodity can only be obtained from one vendor.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City
Council hereby finds that all of the recitals set forth above are true and correct to the best of its knowledge,and
are incorporated as part of this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby approves a five-year consulting services agreement with Superion,LLC of Lake Mary,
Florida in the amount of $445,256 for upgrading the City’s permitting system, and subsequent support.
BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Council
hereby authorizes the City Manager to execute the Services Agreement,attached hereto as Exhibit A,with
Superion,LLC of Lake Mary,Florida a total amount not to exceed $445,256,subject to approval as to form by
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File #:19-352 Agenda Date:6/12/2019
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the City Attorney.
BE IT FURTHER RESOLVED by the City Council that the City Manager is authorized to take any other action
consistent with the intent of this resolution that does not materially increase the City’s obligations hereunder.
*****
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Consulting Services Agreement between [Rev:11.14.2016] June 12, 2019
City of South San Francisco and Superion, LLC Page 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
SUPERION,LLC
THIS AGREEMENT for consulting services is made by and between the City of South San Francisco
(“City”) and Superion, LLC (“Consultant”) (together sometimes referred to as the “Parties”) as of June 30,
2019 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and
incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in
or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on July 1, 2024, and Consultant shall complete the work described in Exhibit A prior to
that date, unless the term of the Agreement is otherwise terminated or extended, as provided
for in Section 8. Consultant shall commence the implementation of the Community
Development Software work described in Exhibit A no later than 120 days from the Effective
Date and shall make commercially reasonable efforts to complete such work one year from
the date the work commences. The time provided to Consultant to complete the services
required by this Agreement shall not affect the City’s right to terminate the Agreement, as
provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE,
CONSULTANT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND
SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CONSULTANT
DOES NOT WARRANT THAT ANY SOLUTIONS, ANY CUSTOM MODIFICATION OR
ANY IMPROVEMENTS WILL BE USABLE BY CITY IF THE SOLUTIONS OR CUSTOM
MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN VENDOR
PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION
OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE TO THE EXTENT
EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS
ARE PROVIDED "AS-IS" AND ANY REPRESENTATION OR WARRANTY OF OR
CONCERNING ANY OF THEM IS STRICTLY BETWEEN CITY AND THE THIRD-PARTY
OWNER. THIS AGREEMENT DOES NOT AMEND OR MODIFY CONSULTANT'S
WARRANTIES UNDER ANY AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR
RESTRICTIONS THEREOF.
Consulting Services Agreement between [Rev:11.14.2016] June 12, 2019
City of South San Francisco and Superion, LLC Page 2
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any time
during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such
person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided
in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed four hundred
twenty seven thousand two hundred fifty six dollars and fifty six cents ($427,256.00.56), and no more than
eighteen thousand dollars ($18,000.00) in reimbursable travel and living expenses as specified under Section
2.6, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to
be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule
attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 First Year Fees. The total first year fees shall be invoiced as follows:
2.1.1 Upon signing of this Agreement – one half of the Total First Year Fees amounting
to $74,796 as identified in Exhibit A.
2.1.2 Upon completion of implementation of the Community Development Software or 12
months from the Effective Date, whichever is earlier, the remaining half of the Total First
Year Fees amounting to $74,796 as identified in Exhibit A. Implementation is considered to
be complete when the City is able to successfully process permits, business licenses, code
cases and online transactions, and run reports.
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City of South San Francisco and Superion, LLC Page 3
2.2 Annual Subscription Fee. City shall pay Consultant an annual subscription fee for
licensing, support and maintenance of the Community Development Software (“Annual
Service Fee”) in the following amounts for Years Two through Five:
• Year 2: $64,421.09
• Year 3: $67,642.15
• Year 4: $71,024.25
• Year 5: $74,575.47
The Annual Service Fee is included in the not to exceed amount specified in Section 2
above.
2.2.1 Invoicing for Years Two through Five. Beginning with the Second Year of this
Agreement, the Annual Service Fee shall be invoiced on the anniversary of the Effective
Date in subsequent calendar year.
2.3 Optional Services. Optional Services identified in Exhibit A are services beyond those
identified in the First Year implementation plan. If the City elects to obtain any Optional
Services, the Fees for such Optional Services shall be included in the Annual Service Fee
during the term of this Agreement, based on the cost of services performed and reimbursable
costs incurred prior to the invoice date. All Optional Services and fees for such Optional
Services will be agreed upon in writing by the parties and memorialized as an Amendment
to this Agreement prior to the commencement of any such Optional Services.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement, unless
the Agreement is modified prior to the submission of such an invoice by a properly executed
change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated herein
as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses authorized by this Agreement between
the City and Consultant are set forth in Exhibit E. Reimbursable expenses shall not exceed
$18,000. Expenses not listed in Exhibit E are not chargeable to the City. Reimbursable
expenses provided under Section 2 of this Agreement shall not be exceeded by Consultant.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To
be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall
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City of South San Francisco and Superion, LLC Page 4
be attached hereto and incorporated herein as Exhibit C. Unless Consultant provides City
with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required by
law. Consultant shall obtain, and maintain on file for three (3) years after the termination of
this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-
California resident subcontractor and shall submit written documentation of compliance with
Consultant’s withholding duty to City upon request. .
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of
laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not
less than the prevailing rate for a day’s work in the same trade or occupation in the locality
within the state where the work hereby contemplates to be performed as determined by the
Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section
1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any
subcontractor shall receive the wages herein provided for. The Consultant shall pay two
hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as
may be amended, per day penalty for each worker paid less than prevailing rate of per diem
wages. The difference between the prevailing rate of per diem wages and the wage paid to
each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from responsibility
for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code
Sections 1770 1775. The City will not recognize any claim for additional compensation
because of the payment by the Consultant for any wage rate in excess of prevailing wage
rate set forth. The possibility of wage increases is one of the elements to be considered by
the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a schedule
showing all determined prevailing wage rates for the various classes of laborers and
mechanics to be engaged in work on the project under this contract and all deductions, if
any, required by law to be made from unpaid wages actually earned by the laborers and
mechanics so engaged.
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City of South San Francisco and Superion, LLC Page 5
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work week, and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee employed by
the Consultant in connection with the public work. Such records shall be certified and
submitted weekly as required by Labor Code Section 1776.”
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost
and expense, provide all facilities and equipment that may be necessary to perform the services required by
this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section,
and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit D, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if the
program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the Labor Code
shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9).
The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is
provided, shall waive all rights of subrogation against the City and its officers, officials,
employees, and volunteers for loss arising from work performed under this Agreement.
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City of South San Francisco and Superion, LLC Page 6
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this Agreement
in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the work to be performed under
this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
there from, and damage to property resulting from activities contemplated under this
Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability. Automobile coverage shall be at least as broad
as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8
and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance. WAIVED
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for
the period covered by this Agreement professional liability insurance for licensed
professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’
errors and omissions. Any deductible or self-insured retention shall not exceed ONE
HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
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a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the Agreement or the work, so
long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant’s obligation to provide them. The
City reserves the right to require complete copies of all required insurance policies
at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10) working
days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
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following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the course
of providing services pursuant to this Agreement. The coverage shall contain no
special limitations on the scope of protection afforded to City or its officers,
employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain
the approval of City for the self-insured retentions and deductibles before beginning
any of the services or work called for by any term of this Agreement. Further, if the
Consultant’s insurance policy includes a self-insured retention that must be paid by
a named insured as a precondition of the insurer’s liability, or which has the effect
of providing that payments of the self-insured retention by others, including
additional insureds or insurers do not serve to satisfy the self-insured retention, such
provisions must be modified by special endorsement so as to not apply to the
additional insured coverage required by this agreement so as to not prevent any of
the parties to this agreement from satisfying or paying the self-insured retention
required to be paid as a precondition to the insurer’s liability. Additionally, the
certificates of insurance must note whether the policy does or does not include any
self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting”
policy limit.
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4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests are
otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent
permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless
the City and its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the
extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or
its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality
or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of
life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of
the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation
of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any
damages or claims for damages whether or not such insurance policies shall have been determined to apply.
By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and
that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under
this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
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payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
THE CONSULTANT'S LIABILITY IN CONNECTION WITH THE SERVICES, IMPROVEMENTS OR ANY
OTHER MATTER RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES THAT CITY
ACTUALLY PAID TO THE CONSULTANT IN CONNECTION WITH THIS AGREEMENT FOR THE
PRECEDING 12 MONTH PERIOD FROM WHEN THE RELEVANT ACTIONS LEADING TO SUCH
LIABILITY AROSE. IN ANY EVENT, THE CONSULTANT SHALL NOT BE LIABLE FOR ANY LOSSES
RESULTING FROM THE CRIMINAL ACTS OF THIRD PARTIES. IN NO EVENT WILL THE
CONSULTANT, VENDOR PERSONNEL, SUBCONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. CITY
ACKNOWLEDGES THAT THE CONSULTANT HAS SET ITS FEES AND ENTERED INTO THIS
AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF
WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of Consultant's services rendered pursuant
to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however,
otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all
claims to, any compensation, benefit, or any incident of employment by City, including but
not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent
or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors shall
comply with all applicable rules and regulations to which City is bound by the terms of such
fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals, including from City, of what-so-ever nature that are legally required to practice
their respective professions. Consultant represents and warrants to City that Consultant and
its employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any employee,
applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient
of, or applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and
requirements related to equal opportunity and nondiscrimination in employment, contracting,
and the provision of any services that are the subject of this Agreement, including but not
limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement without cause upon written notification to
Consultant at least 60 days prior to the proposed termination date.
Consultant may cancel this Agreement for cause upon 60 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of such
compensation upon Consultant delivering to City all materials described in Section 9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
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agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Consultant for any otherwise reimbursable expenses incurred during the
extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator. Consultant may assign the Agreement to a parent or subsidiary company
after providing the City with notice of such assignment.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions
of this Agreement allocating liability between City and Consultant shall survive the
termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant;
8.6.4 Charge Consultant the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Consultant pursuant to Section 2 if Consultant had completed the work;
or
8.6.5 If City requests in writing at least ten (10) days prior to the effective date of expiration
or earlier termination of this Agreement, the Consultant shall within sixty (60) days
following such expiration or termination, deliver to City in the Consultant’s standard
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format the then most recent version of City’s data maintained by the Consultant,
provided that City has at that time paid all fees then outstanding.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models,
charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form, that Consultant
prepares or obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to deliver those
documents to the City upon termination of the Agreement. It is understood and agreed that
the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree that, until final
approval by City, all data, plans, specifications, reports and other documents are confidential
and will not be released to third parties without prior written consent of both parties unless
required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of the
City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the request
of City or as part of any audit of the City, for a period of three (3) years after final payment
under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
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Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
If Consultant or any of its representatives is compelled by applicable law to disclose any
confidential information then, to the extent permitted by law, City shall strive to make
reasonable efforts, and prior to such disclosure, to notify the Consultant in writing of such
requirement so that they can seek a protective order or other remedy or waive its rights
hereunder. If Consultant waives compliance or, after providing the notice and assistance
required under this Section, City remains required by law to disclose any confidential
information, the City shall disclose only that portion of the confidential information that the
City is legally required to disclose. Consultant agrees and understands that the City must
comply with the California Public Records Act and such notifications to Consultant shall not
hinder the City’s ability to comply with applicable laws.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the state
courts of California in the County San Mateo or in the United States District Court for the
Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies
and other printed material on recycled paper to the extent it is available at equal or less cost
than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place Consultant
in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at
California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this Agreement
that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code
§1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any
compensation for services performed pursuant to this Agreement, including reimbursement
of expenses, and Consultant will be required to reimburse the City for any sums paid to the
Consultant. Consultant understands that, in addition to the foregoing, it may be subject to
criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be
disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Tony Barrera
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
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to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
Consultant:
Contract Manager
CentralSquare Technologies
1000 Business Center Drive
Lake Mary, FL 32746
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties..
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
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The Parties have executed this Agreement as of the Effective Date.
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CITY OF SOUTH SAN FRANCISCO SUPERION, LLC
____________________________ _____________________________________
City Manager NAME:
TITLE:
Attest:
_____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
3230719.1
Page 19
EXHIBIT A
SCOPE OF SERVICES
Page 20
Page 21
STATEMENT OF WORK
City of South San Francisco, CA
COMMUNITY DEVELOPMENT
SOFTWARE UPGRADE
Version 1
Confidential and Proprietary
Page | 21
Statement of Work
TABLE OF CONTENTS
1.0 EXECUTIVE SUMMARY 1
Introduction 1
Project Assumptions 1
2.0 SCOPE OVERVIEW 2
2.1 Software Scope 2
2.2 Services Scope 3
Project Management and Governance 3
Communication 4
Change Requests and Changes to this Statement of Work 5
Installation 5
Data Migration and Conversion 6
Community Development Process Review (CDPR) 7
Consulting and Training 8
Quality Assurance Testing 9
Report Development 9
Other Professional Services 10
Go Live 10
Project Closeout 11
ATTACHMENT 1 - CHANGE ORDER FORM 11
Confidential and Proprietary
Page | 22
1.0 Executive Summary
Introduction
This document contains the approach and Statement of Work (SOW) for the definition, configuration,
and deployment of the Community Development software and related services solely related to the
software modules expressly identified in identified in Quote Number Q-00007476 (“the Quote”)
between the City of South San Francisco, California (the “Customer”) and CentralSquare Technologies
(”CentralSquare”). This SOW defines the scope of services agreed upon between CentralSquare and the
Customer, as well as establishes responsibilities for each party related to the services furnished following
execution of the Quote.
This SOW is intended to be a planning and control document, not the detailed requirements or design
of the solution.
Project Assumptions
• CentralSquare will provide services to assist the Customer in upgrading the existing TRAKiT software to
CentralSquare’s Community Development software solution.
• CentralSquare is implementing a Commercially Available Off-the-Shelf (COTS) solution.
• Customer and CentralSquare will collaboratively finalize the detailed project plan schedule. Any significant
or material changes to the project, once the project plan is finalized, will follow the Change Control process
as described in this SOW.
• The proposed project services outlined in this SOW include project management, installation,
implementation, training, consulting, and other services work necessary for the project as described in this
SOW and representing a best good faith estimate based on knowledge at time of the Quote.
• The Customer will form an internal Project Team, including a project manager, and will make their Project
Team members available for meetings, consulting and training sessions, discussions and conference calls,
and other related project tasks or events upon request by CentralSquare.
• The Customer will provide adequate breakout and conference room space as well as an adequate
workspace for each onsite CentralSquare consultant or trainer with access to a wireless network, telephone,
and within close proximity to the Customer project team and site.
• Customer will provide adequate training space and computers for training throughout the project. The
training rooms will include a CentralSquare-specified number of fully functioning networked computers which
meet the required CentralSquare hardware standards. The Customer is responsible for ensuring training
facilities are fully prepared for each training sessions. CentralSquare offers additional Technical Support
services and can amend this SOW to include them at the customer’s request.
• Both the Customer and CentralSquare will furnish resources with appropriate skills and experience to
handle the roles and responsibilities outlined in this SOW.
• CentralSquare is not responsible for quality of existing Customer data or for the correction or resolution of
data quality issues unless previously agreed upon.
• CentralSquare is not including any custom development in this SOW. If custom development is identified,
Customer and CentralSquare will follow our funded development process to determine if the requested work
can be completed by CentralSquare.
• Customer understands that some functions/features are different or have been removed from previous
versions of TRAKiT.
• Customer will test all normal business processes in the Community Development software application after
the training and prior to the final Go Live. CentralSquare will support and troubleshoot issues with the
Customer during this testing.
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2.0 Scope Overview
The purpose of this project is to upgrade the Customer’s current TRAKiT software with a Commercially
Available Off-the-Shelf software; CentralSquare’s Community Development software modules, to
improve the Customer’s existing administrative processes to take advantage of industry best practices
that best leverage the Community Development software. The project scope is comprised of the software
and services identified in the Quote and further described throughout this SOW. Anything not
specifically designated in the SOW should be considered out of scope and not part of this project.
2.1 Software Scope
CentralSquare shall provide maintenance service, technical support, and software updates.
Covered software does not include hardware, hardware vendor operating systems and/or other
system software, Customer developed software, or third-party software.
CentralSquare will provide an upgrade to the Customer’s existing TRAKiT software to the
Community Development software solution to enhance local government operations through
flexibility in automating permitting, managing inspections, regulating land use, and tracking
projects. CentralSquare will deliver computer software and database structure for SQL/Server
database.
The following checked items outline the software updates associated with the Quote.
Customer’s existing TRAKiT
Modules
Community Development Enterprise
Modules Included
Community Development
Add-on Modules Included
☒ PermitTRAK ☒ PermitTRAK ☐ VoiceTRAK IVR
☒ ProjectTRAK ☒ ProjectTRAK ☐ AnalyticsNOW (Cognos)
☒ CodeTRAK ☒ CodeTRAK ☐ Advanced GIS
☒ LicenseTRAK ☒ LicenseTRAK ☐ Bluebeam
☒ LandTRAK ☒ GeoTRAK (formerly LandTRAK) ☒ Fusion
☒ AECTRACK ☒ AECTRAK ☐ My Community App
☐ CRMTRAK ☒ CRMTRAK
☐ GIS Standard ☒ Basic Analytics and Reports
☐ Basic Analytics ☒ Citizen Engagement (formerly eTRAKiT)
☐ iTRAKiT ☒ iTRAKiT
☒ eTRAKiT
☐ VoiceTRAK IVR
☐ GIS Advanced
☐ Advanced Analytics
☒ Licensed users – 35 ☒ Licensed users – 60
Page | 24
Note: Although access is provided for all Enterprise modules CentralSquare has not included
implementation costs (Installation, Consulting, or Training) for the upgraded CRMTRAK or iTRAKiT
modules.
Page | 25
2.2 Services Scope
Project Management and Governance
CentralSquare will provide a Remote Project Manager (RPM) who will manage the project and work
closely with the Customer project lead to oversee the project. Throughout the project, the RPM will keep
the project organized from the CentralSquare perspective, on schedule and on budget.
Key Responsibilities
CentralSquare:
• Lead Project
• Project Plan and Schedule
• Open Items Log
• Weekly Status Call with Agenda
Customer:
• Attend and participate in project kickoff
• Provide organization schedule for CentralSquare PM to complete project plan
• Participate in weekly call with CentralSquare PM
• Test and validate the system timely to provide feedback in weekly calls
Assumptions:
• The Customer and CentralSquare Project Manager’s will coordinate project team members, subject
matter experts, and the overall implementation schedule.
• Both CentralSquare and Customer will assign Project Manager’s with the requisite skills and leadership
authority within the organization to effectively accomplish the goals and complete the scope of the
services in this SOW. CentralSquare has include RPM hours to cover a 6-9-month project. If the project
runs over the allotted RPM hours the Customer may contract for additional hours.
• Customer will participate in weekly project team calls with CentralSquare’s Project Manager.
• Customer is responsible for completing the Go Live checklist no less than 30 days before Go Live to
ensure full testing has occurred and the customer organization is ready for Go Live.
The parties agree that the individuals designated in the final Project Schedule are essential to the services
offered pursuant to this Quote. To ensure expedient remediation of any issues that may arise during the
implementation process, the Customer and CentralSquare will use the following escalation procedure:
• All communication regarding the project directed to CentralSquare’s Project Manager and the
Customer’s Project Manager must remain consistent. Regularly scheduled project status meetings
maintain open communication between the CentralSquare Project Manager and Customer Project
Manager.
• All issues or concerns are to be openly and actively discussed between CentralSquare’s Project
Manager and the Customer’s Program and Project Manager prior to any escalation.
• If issues begin to interfere with the progression of the implementation project, the Customer and/or
CentralSquare should escalate challenges to CentralSquare management in the sequence below:
Page | 26
Communication
Project Status Cadence Meetings
Project status cadence meetings, scheduled as determined by the CentralSquare and Customer Project
Managers, establish the status of the project; achievements over a defined iterative period, risk
mitigation, issue review, and assurance of awareness of upcoming activities. Continuity in the meeting
schedule is critical to early intervention of risks and issues.
Project Status and Issues/Risks Reporting
In addition to the regularly scheduled Project Status Meetings, the CentralSquare Project Manager
provides two key types of reports as part of the Communication Plan.
• The Project Status Report, distributed to key stakeholders at a frequency to be determined based on the
needs of the Customer (typically bi-weekly or monthly), summarizes milestones completed, as well as
recent and upcoming project activity.
• The Issues Log, updated continually by the CentralSquare Project Manager, tracks entry and
management of project issues identified by CentralSquare or the Customer. Log entries include status
updates, action items, and responsibilities of both parties. Risks and issues tracking log adjustments are
mutual agreements by the CentralSquare and Customer Project Manager.
The Customer and CentralSquare agree that the individuals designated in the final project plan are
essential to the services offered pursuant to this Quote. The Customer and CentralSquare should
anticipate challenging issues to arise throughout the implementation process due to the nature and
complexity of projects of this type. For expedient remedying of challenging issues, the Customer and
CentralSquare will use the following dispute resolution process.
All communication regarding the project directed to CentralSquare’s Project Manager and the
Customer’s Project Manager maintain consistent communication between the parties. Regularly
scheduled project status meetings maintain open communication between the CentralSquare and
Customer Project Manager.
• All issues or concerns are to be openly and actively discussed between CentralSquare’s Project
Manager and the Customer’s Project Manager prior to any escalation.
• If issues begin to interfere with the progression of the implementation project, the Customer and/or
CentralSquare Project Manager should escalate challenges to senior management representatives in
the sequence below, as needed:
CentralSquare
Escalation to CentralSquare management is as follows:
Name and Role Phone Email
Project Manager TBD
Michele Leaf, Manager, Project
Management Office
530-879-5126 Michele.Leaf@CentralSquare.com
Michael DiOrio, Sr. Director Services 617-999-3471 Michael.DiOrio@CentralSquare.com
Aydin Asli, VP, Professional Services 604-340-1720 Aydin.Asli@CentralSquare.com
Customer
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Customer will provide escalation personnel to CentralSquare Project Manager during Kick-Off
phase of the project.
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Change Requests and Changes to this Statement of Work
The Customer and CentralSquare may request a change to the services outlined in this SOW by
following the process outlined in this section.
Either party may request changes in scope. Such a request is honored by the parties only if it becomes a
formal Change Order. Customer will work with CentralSquare to document all requested changes in a
change request form (“Change Order Form”) in the form set forth in Attachment 1.
The change order will provide sufficient detail including the following.
• Detailed description of resources (both Customer and CentralSquare) required to perform the change.
• Specifications if applicable
• Implementation plans
• Schedule for completion
• Verification and approval criteria
• Impact on current milestones and payment schedule
• Additional milestones (if applicable)
• Impact on project goals and objectives
• Price
Either CentralSquare or Customer management may propose a change by submittal of a Change Request
to the other party. The other party has five (5) business days (or as mutually agreed upon) to determine
whether it agrees to the Change Request. If both parties agree to the Change Request, the change will
become a Change Order documented and signed by both parties. If agreement to pursue a Change Order
does not occur in five (5) business days of the initiation of the Change Request (or as mutually agreed
upon), it is assumed that the Change Request has been rejected and any remaining issues will be
identified on the Issues Log and/or follow the above-mentioned dispute resolution process.
Installation
CentralSquare and Customer will conduct the following Installation as part of this project.
Tasks Name Description Customer Role CentralSquare
Role
1. Installation Initial Installation of
CentralSquare’s Community
Development software
• Hardware Set Up
• Completed
Pre-Install
Checklist
• Attend Discovery
Call
• Pre-Install
Checklist
• Discovery Call
• Complete
install and data
migration
2. Test Account
Creation
Test Account Creation is the
creation of the test account
which is cloned from the pre-
production environment.
• Validate Account • Create Test
Account
Assumptions
• CentralSquare will migrate all Customer data contained within TRAKiT database into the Community
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Development database and confirm that primary system functions are available.
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• CentralSquare will provide the Community Development software and install it on a local server.
Software installation will be done one (1) time.
• Customer will be charged for any moving and/or reinstallation of the software.
• Customer is responsible for the procurement and installation of hardware based upon CentralSquare’s
Recommended Hardware Specifications.
• Superion will create one (1) Production Account and one (1) Test Account as part of the Agreement.
Additional accounts will require additional hours added to the Quote by mutual written agreement at
CentralSquare’s prevailing rates.
• Initial installation of Community Development is completed into one (1) pre-production environment. All
configuration, training, and testing is completed in this environment. Prior to end user training a “testing”
environment is created and the data from Pre-Production is copied over. This second environment
called “test” is used to train end users and as a sand box for users to learn. Prior to final go live the Pre-
Production environment is cleared out of data and the “final conversion” from production is completed.
Pre-Production is now considered “production.”
Data Migration and Conversion
Customer is upgrading to remain current on the software and to take advantage of added features and
functionality available. Customer and CentralSquare agree to work together to review any custom scripts
or other custom development used today in the TRAKiT software. Customer and CentralSquare will
work to eliminate all custom scripts, stored procedures, and other customizations as part of the migration
to the Community Development software. By doing so this will assist in streamlining this and software
upgrades in the future.
CentralSquare will migrate the Customer’s existing TRAKiT database into the upgraded
Community Development data structure. Price includes two (2) conversion routines:
1. The first data migration will occur at the initial delivery for Customer training and testing. Any issues with
migrated data must be reported to CentralSquare at the conclusion of the initial testing period, which will
be defined by the Project Schedule that will be negotiated by the Customer and the CentralSquare
project manager.
2. The second data migration will occur at Go Live. The existing TRAKiT database must be provided to
CentralSquare by no later than 9:00 AM EST on the scheduled conversion date.
Any alterations made to the existing TRAKiT database by the Customer during migration will result in
additional charges to correct.
Assumptions:
• Customer understands that the data migration is for the existing TRAKiT configuration as provided to
CentralSquare on date of install.
• Customer to fully test the system prior to Go Live per the project schedule.
• Customer will be responsible for providing remote network access to CentralSquare.
• Any delays in the project schedule caused by the Customer may result in additional charges.
• The Customer must track any alterations made to their existing production TRAKiT database while
testing the upgraded Community Development data structure and apply those changes (as needed) to
the upgraded Community Development data structure with the guidance of CentralSquare. Any
alterations made to the existing TRAKiT database by the Customer during migration will result in
additional charges should CentralSquare need to correct.
• Customer will provide IT support, as requested by CentralSquare, to affect changes to the Customer
environment in support of this project.
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• Any delays in the negotiated project schedule caused by the Customer may result in additional charges.
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Community Development Process Review (CDPR)
Based on the modules currently licensed CentralSquare will provide a CDPR to review current business
processes. CentralSquare includes 40 hours for the review and to document the findings and
recommendations post BPO. Modules consist of (Permit, Project, Code, and License).
Name Description Customer Role CentralSquare Role
CDPR Community Development Process
Review is a review of current
organization business practices and
processes within the use of TRAKiT.
CentralSquare will make best practice
recommendations for business
optimization and design to the
organization based on best practice
uses of Community Development.
As part of the CDPR, CentralSquare
consultants will review existing business
processes with Customer staff.
Consultants will facilitate a discussion to
review recommendations and options
for use of the Community Development
software. Additionally, CentralSquare
consultants will use government “best
practices” in providing improvement
options to the Customer. Special focus
will be given to reviewing any
customizations the Customer has on
TRAKiT. The goal of moving to the
Community Development modules is to
eliminate the current customizations by
using the base software. Some of the
customizations include scripting and
stored procedures.
• Provide Current “As Is”
Processes
• Provide current customizations
• Attend Interview Sessions per
Schedule
• Review CDPR
Recommendations
• Signoff on Completed CDPR
• Determine Which
Recommendations to be
Implemented During Project
• Onsite CDPR Interview
Sessions
• CDPR Findings with
Recommendations
Assumption:
• It is CentralSquare and Customers goal to not bring forward any software customizations from their
existing TRAKiT to the upgraded Community Development data structure.
• Both parties will make a good faith effort to review customizations and to find a solution in the base
TRAKIT software.
• CentralSquare has included services in this agreement should no alternative in the base software be
available for CentralSquare to review the customization for adding it to the base software.
• The review of Customers customization will go through CentralSquare’s funded development process
for evaluation and cost.
• CentralSquare is not making a commitment to add any customizations to the base software.
• Customizations will be evaluated based on the value of adding it to the base software.
• Should CentralSquare agree to move forward with the Customization it will be added to the base
software and be included in a main release. This will allow for the customization to become part of the
base software and available in future releases.
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Consulting and Training
CentralSquare will provide the following consulting and training:
Go Live Support:
CentralSquare will provide consulting support during Go Live and for the immediate days after Go Live.
End Users Training:
CentralSquare will provide training to end users. These are end users in each core functional area. The
goal of this training is to train end users on the use of the new functionality of Community
Development. This training will take place immediately prior to Go Live.
System Administration Training:
CentralSquare is including system administration training. The goal of this training is to train your
Administrators on system maintenance and the Fusion module.
Below is a breakdown of proposed consulting and training hours:
Training and/or Consulting Type Hours
Go-Live Support 16
End User Training 72
Citizen Engagement Training 8
System Administration Training 8
Fusion Training 20
Total 124
Responsibilities
CentralSquare:
• Agendas – One week prior to scheduled session.
• Trip/Distance Learning Log – Within one week of completion of training
• Tracking and updating the project schedule and milestones
Customer:
• Attend Training
• Complete Homework (if applicable)
• Review and Sign Trip/Distance Learning Log
• Development of agency specific End User Guides (if applicable)
Assumptions:
• Training will be conducted either remote (distance learning) or onsite at the Customer’s location.
• Provide individual workstations/laptops for each individual to be trained.
• Workstation environment must connect directly to the Customers pre-production database for training.
• Students must be able to attend the full training session.
• Students will have sufficient basic knowledge of Customers current business processes and use of
TRAKiT.
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• Each class is restricted to 8-12 students max. If additional sessions are required due to more than 12
attendees, Customer will need to contract for additional training hours.
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Quality Assurance Testing
CentralSquare provides services for one (1) round of testing review as part of this SOW. The intent of
this support is to assist the Customer in resolving any items found during the testing of Community
Development. CentralSquare included 8 hours testing support. If additional testing hours are required,
Customer will need to contract for additional hours.
Customer agrees and is responsible for completing testing of all aspects of CentralSquare
Community Development. This includes but is not limited to the following:
• All business processes including
• Reports
• Security
• Interfaces (if applicable)
• Forms
Responsibilities CentralSquare:
• Support Customer in testing
• Troubleshoot testing issues
• Resolve issues related to testing per support standards
Customer:
• Customer will define testing scenarios specific to Customer operations as needed for testing.
• Customer application owners will participate in testing activities.
Assumptions:
• Customer is expected to start the testing shortly after the training provided by CentralSquare.
Report Development
Customer will have access to CentralSquare’s standard reports for Community Development. In
addition, CentralSquare has provided the following report development services to convert custom
Crystal Reports to CentralSquare Basic Analytics.
Number of Custom
Reports
Avg.
Hours per
report
Total
Hours
15 4 60
Total 60
Assumptions:
• The (4) four hours per report is an estimate. It is understood that some reports will take longer and some
reports will take less than the 4 hours estimated.
• Any reports which have been created to update the database will not be convert to a new report in
Community Development. These reports should be evaluated as part of the CDPR process.
• Customer has provided the correct number of custom reports which need to be converted.
• Customer will provide the list of reports within 10 days of the agreement being executed.
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• Additional reports may incur additional fees.
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• Customer will test the reports within 5 days of completion and provide feedback to CentralSquare PM
and report developer.
• Customer understands that the format/details of the Community Development reports may vary from the
TRAKiT reports.
Other Professional Services
1. LicenseTRAK Conversion
CentralSquare has included twenty (20) hours to convert LicenseTRAK to the to the upgraded
Community Development’s Licensing data structure.
2. Advanced Licensing Process (ALP)
CentralSquare is providing the following services to assist the Customer in automating their license
process via use of Community Development’s ALP.
Advanced License Processing Hours
Workflow/ Process Discussion 4
Configuration 24
Training 4
Testing 8
Total 40
Go Live
Go-Live planning starts at least one (1) month prior to the scheduled Go-Live. CentralSquare
Customer will prepare a plan to delineate responsibilities, timelines for Go-Live tasks, and a
communications plan specific to the Go-Live activities.
Responsibilities
CentralSquare:
• Complete final data migration from production
• Create test account after Go Live
• Support Customer during Go Live and for the immediate days after Go Live
• Assist in resolving issues as necessary
Customer:
• Train Customer End Users if required
• Complete final Go Live discovery call with CentralSquare technician
• Complete data validation after final Go Live data migration
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Project Closeout
The CentralSquare Project Manager will conduct a project closeout call with the Customer and the
CentralSquare assigned Customer Success Manager. The project closeout will include a report
summarizing the project and any remaining open issues. This should be no later than 30 days after Go-
Live
.
The report will include the following:
• Overall Summary of the project
• Summary of project budget
• Remaining tasks, training, or other deliverables (if applicable)
• Future implementation plans (if applicable)
• CentralSquare recommendations for future application features (if applicable)
• CentralSquare follow-up
Roles and Responsibilities
CentralSquare:
• CentralSquare will deliver a draft report to Customer
• Conduct closeout call with Customer Success Manager
Customer:
• Customer will review draft report from CentralSquare and provide comment
• Sign final report
• Participate in closeout call with CentralSquare
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Attachment 1 - Change Order Form
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CUSTOMER CHANGE ORDER FORM
The following form is to be used when a change has been requested to the contract or statement of work. The following will be prepared by the
CentralSquare Technologies Project Manager and sent to the Customer for signatures. Completed form will be forwarded to CentralSquare
Technologies Accounting. If required, an amendment will be drafted through Contract Services for delivery to Customer.
Contract Change Request
Customer:
CentralSquare Technologies Project
Manager:
CentralSquare Technologies
Account Executive:
Customer Contact:
Name
Title
Address
Email
Phone
Fax
PRODUCTS/SERVICES DELETED:
The following have been requested to be terminated or deleted. An amendment will be required.
Qty Item # CentralSquare Technologies Applications, Hardware, 3rd Party
Software, Services Agreement/Quote # Reason for Request Date
PRODUCTS /SERVICES ADDED:
The following have been requested to be added: (please include Quote showing descriptions, pricing).
An Amendment, Add-Quote or Supplement will be required.
Qty Item # CentralSquare Technologies Applications, Hardware, 3rd Party
Software, Services Agreement/Quote # Reason for Request Date
ALL CREDITS WILL BE APPLIED TO FUTURE LICENSED PROGRAMS ONLY.
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For CentralSquare Technologies Finance Use Only: Finance Amendment Information Form (To be completed by Accounting for approvals)
Qty Licensed Program(s)/ Services: Billed Paid Recognized Revenue Impact Finance Contact
ADDITIONAL COMMENTS:
CentralSquare
Technologies
Approval
Director of Services Accounting Contracts Services
Authorization:
This Change Order is considered valid once both parties have signed this document. Its effective date shall be the most recent date of the two
signatures.
Customer
Authorized
Signature
CentralSquare
Technologies
Project Manager
Printed Name Signature Date
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Community Development: Fusion
Community Development has multiple integration options. In order to make it easy to both find and
access these integrations, Superion is providing these when you subscribe to CentralSquare Fusion.
Fusion facilitates the connection and communication between third-party software and Superion
applications, such as Community Development, via REST-based Web services. With our Fusion products,
clients can share data between Community Development and third-party or internally developed products.
When you purchase Fusion you will receive your own dedicated install and URL along with API keys that
must be passed in to the service calls for the services to work. As a Fusion subscriber, you will have your
own keys which can be shared with vendors you want to work with.
Additional vendors can be added through the Fusion Certified Integrators program. This helps users of
our software to identify trusted, compliant third-party products that help to extend the functionality of
their investment. The Fusion Certified Integrators program is designed to:
• Recruit and support high-quality vendors that provide complementary functionality to
CentralSquare’s core product lines
• Improve the overall quality and breadth of solutions offered to CentralSquare customers
• Help build successful relationships among customers, solution providers, and CentralSquare
NOTE: CentralSquare is in the process of making the integrations below available directly from Fusion
and contacting supported vendors to become Fusion certified. In the interim, CentralSquare may provide
alternate access methods to integrations included with the Fusion subscription until that process is
complete.
The following is a list of available Community Development integrations provided with a Fusion
subscription:
• Payment processing: Online
o Allows for online payments from the Citizen Engagement module.
• Payment processing - OTC
o The Over-The-Counter integration allows integration with over-the-counter style payments
from customers.
• Finance API
o Allows 3rd-party applications to access TRAKiT’s fee details and post results directly into
TRAKiT.
• Cash drawer:
o Provides an integration with a 3rd party cash drawer application as a supported payment
method. When a payment is made in TRAKiT a signal will be sent to the cash drawer to
open it.
• Signature pad
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o Allows the ability to collect signatures electronically for permit forms. This eliminates the
need to retain the signed paper copy, while keeping the signature on the printed copy for
the applicant.
• MyCommunity
o Provides an integration to the MyCommunity app. MyCommunity allows constituents to
report issues, view news, or peruse the agency’s calendar from an independent, agency-
specific, mobile app.
• Electronic Plan Review:
o Provides the ability to integrate with Electronic Plan View applications to support
integrated workflows.
• Document Management
o Provides the ability to easily transfer documents to a 3rd part document management
system for long term storage and archival.
• CRM Integration
o Provides a common integration used by 3rd party tools or plug-ins to create CRM issues in
existing Community Development clients.
• IVR
o The integration provided is the ability to read and manipulate data in PermitTRAK. This
specifically covers inspection data for scheduling, cancelling, and inputting results and key
permit data, including permit status and permit address.
• MyBuildingPermits
o Provides a real-time integration with the eCustomerGovAlliance web portal
MyBuildingPermit.com. This allows for the creations of permits and projects, links to land
records, the creation of fees, contacts, and valuations, and the scheduling of inspections.
• State Licensing Board:
o Allows the Community Development application to integrate with the Contractor State
Licensing Board website in California (www.cslb.ca.gov) in a real-time capacity. This
integration for California clients removes the manual steps to verify contractor information
and increase efficiency in processing permits.
Last Update: October 2018
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Technical Specifications
We recommend the following technical specifications to operate the Community Development
solution software and interfaces. Their flexibility allows for system growth and the demands of
various departments. The customer may also choose to eliminate unnecessary hardware
expenditures and have Community Development managed in a virtualized server environment.
Client Hardware and Software Details
Database Server
Component Requirement
Operating System and Database
Server
Microsoft Windows Server 2012 R2 and above;
Microsoft SQL Server 2012, 2014 or 2016
CPU 2 GHz, Intel Xeon E5 (4 cores)
RAM 16 GB+
Hard Drive 100 GB+ data space
Application Server
Component Requirement
Operating System Microsoft Windows Server 2012 R2 and above
CPU 2 GHz, Intel Xeon E5 (4 cores)
RAM 16 GB+
Hard Drive 100 GB+ data space
Microsoft Additions .NET Framework 4.6.1 installed
Microsoft Web Server Microsoft IIS 7.x and above
Security Client provided certificate for Community
Development use of HTTPS
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Network
Component Requirement
Network Protocol TCP/IP
CPU Minimum Speed 100 MBps minimum / 1 GB Ethernet recommended
PC/Laptops Microsoft Windows 10; Internet Explorer 11
User Workstations
Component Requirement
Operating System Microsoft Windows 10
CPU 2 GHz+
RAM 4 GB
Hard Drive 10 GB
Web Browsers Internet Explorer 11, Microsoft Edge, Google
Chrome
Remote Users
Mobile Units
Component Requirement
Tablets iPads that support the two most current versions of
iOS
Synchronization 4 GB
Hard Drive Wireless Access
Storage (iPad) 64 GB+
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Online Citizen Access
Citizen Engagement
Component Requirement
Server Windows 2012 R2 64-bit Server Standard or
Windows 2016 R2 64-bit Server Standard
Cloud only deployment
CPU 2.4GHz Processor Dual core
RAM 16 GB+
Web Browsers Internet Explorer 11, Microsoft Edge, Safari 3.0 and
above, Google Chrome
Architecture Java, Tomcat, JavaScript
Third-Party Software Integration
CentralSquare can provide custom integration between Community Development and other
third-party applications; costs are determined on a per-case basis. Community Development
currently communicates with these third-party applications:
Feature Third-Party Applications
Plan Markup Bluebeam Revu
Report Writing SQL Server Reporting Services (SSRS)
GIS Esri ArcGIS Server 10.1 and above; Esri ArcGIS
Online
Office Applications Microsoft Office 2010 or later; Microsoft Office 365
Document Management Laserfiche; EMC AppExtender, RM Console
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Standard Network Diagram
Page | 48
EXHIBIT B
COMPENSATION SCHEDULE
Page | 49
Superion, a CentralSquare Company
Exhibit B - Add-On Quote
Quote Prepared For:
Quote Number: Q-00007476
Quote Prepared By:
Tony Barrera, IT Manager Tracy Bierman, Account Executive - Install
City of South San Francisco Superion
400 Grand Avenue 1000 Business Center Drive
SOUTH SAN FRANCISCO, CA, 94083 Lake Mary, FL 32746
(650) 829-3914 Phone: (407) 304-4510 Fax:
tracy.bierman@centralsquare.com
Date: 04/15/19 Subscription Fees
Product Name
Quantity
Subscription Fee
Superion Community Development Premise Enterprise 60 78,000.00
Superion Fusion Subscription Premise 1 3,000.00
Total 81,000.00
Professional Services Installation & Configuration
Product Name Amount
Superion Community Development Installation 2,100.00
Citizen Engagement 2,100.00
Superion Fusion Subscription Services 1,400.00
Total 5,600.00
Development & Conversion
Product Name Amount
TRAKiT DB 2x, LT Conversion 12,000.00
Superion Community Development Geo Update Routine 6,000.00
Custom Report Conversion 12,000.00
Superion Fusion Subscription Services 3,000.00
Total 33,000.00
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Consulting
Product Name Amount
Superion Community Development Consulting 7,040.00
Superion Public Administration-High Level Consulting Fee 9,000.00
Total 16,040.00
Training
Product Name Amount
Superion Community Development Training 16,000.00
Citizen Engagement 1,280.00
Superion Fusion Subscription Services 3,200.00
Total 20,480.00
Project Management
Amount
Product Name
Superion Community Development Project Management 8,000.00
Superion Community Development Geo Update Routine 3,200.00
Superion Community Development Project Management 1,280.00
Superion Fusion Subscription Services 640.00
Total 13,120.00
Total Professional Services 88,240.00
Summary
Product/Service Amount
Subscription Fees 81,000.00
Professional Services 88,240.00
Subtotal 169,240.00 USD
License/Subscription Fee Discounts 19,646.58 USD
Total 149,593.42 USD
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Annual Subscription Fees 5% increase per year:
Year 2: $64,421.09
Year 3: $67,642.15
Year 4: $71,024.25
Year 5: $74,575.47
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EXHIBIT C
FORM 590
Page | 53
Page | 54
EXHIBIT D
INSURANCE CERTIFICATES
Page | 55
EXHIBIT E
TRAVEL EXPENSE GUIDELINES
At all times the Consultant shall adhere to the following when incurring travel expenses and submitting
receipts to the City for reimbursement pursuant to Section 2 of the Agreement:
AIR TRAVEL – The least expensive class of service available with a minimum of seven (7) day, maximum
of thirty (30) day, advance purchase. Upon request, the Consultant shall provide City with a receipt of
completed travel for reimbursement.
Trips fewer than 250 miles round are considered local. Unless a flight has been otherwise approved by the
City, reimbursement will follow the current IRS approved mileage rate for all local trips.
LODGING – Consultant shall use the most reasonable accommodations possible, dependent on the City.
All food items, movies, and phone/internet charges are not reimbursable.
RENTAL CAR – Compact or Intermediate cars will be required unless there are three or more employees
of the Consultant sharing a car in which case the use of a full size car is authorized. Gas is reimbursable,
pre-paid gas purchases are not authorized, and all rental cars are to be returned with a full tank of gas.
Receipts for car rental and gas purchases shall be submitted to the City. The Consultant shall decline all
rental car insurance offered by the car rental agency as Consultant’s staff members will be covered under
the Consultant’s auto insurance policy. Fines for traffic violations are not reimbursable expenses.
OTHER TRANSPORTATION – Consultant’s staff members must use the most economical means for
traveling to and from the airport (Airport bus, hotel shuttle). Airport taxi or mileage for Consultant
employee’s personal vehicle are reimbursable if necessary. Receipts for taxi, shuttle, uber or similar shall
be submitted to the City.
OTHER BUSINESS EXPENSES – Parking at the airport is reimbursable. Tolls to and from the airport and
while traveling the City are reimbursable. Tipping and laundry are not reimbursable. Receipts shall be
provided to City for all of the aforementioned items.
MEALS – City shall pay no more than $_25.00_ per meal incurred by Consultant’s employees or
staff.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:19-387 Agenda Date:6/12/2019
Version:1 Item #:2.
Report regarding a resolution approving the services of three underwriting firms:Stifel as Senior Manager,and
Citi and Raymond James as Co-Managers for the Measure W Community Civic Campus project financing,and
authorizing the City Attorney to retain bond and disclosure counsel.(Justin Lovell,Financial Services
Manager).
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the services of three underwriting
firms:Stifel as Senior Manager,and Citi and Raymond James as Co-Managers for the Measure W
Community Civic Campus project financing,and authorizing the City Attorney to retain bond and
disclosure counsel.
BACKGROUND
Measure W was approved by voters as a half-cent sales tax in November of 2015.The tax became
effective April 1,2016 and has a 30-year term.The Measure W sales tax revenue is used to maintain
and enhance locally controlled City services,including the Paving Program and funding the
Community Civic Campus.
The Community Civic Campus includes design and construction of a new Library,Parks &Recreation
and Community Theater/City Council Chambers facility,a park,and a new Police station.It also
includes design of a new Fire station, which will be built at a future time to be determined.
Construction of the first phase is scheduled to begin in January 2020 with the Police station.
Construction of the second phase is scheduled to begin fall 2020.
A majority of the construction costs will be funded by Measure W revenues.Current estimates include
$115 million of the construction cost will be funded through the issuance of lease revenue bonds or
certificates of participation.These bonds will be secured by a pledge of lease payments in respect to
an essential asset that is owned by the City.In this case,the leased asset is expected to be the
Community Civic Campus itself.Measure W sales tax revenue will be used as the budgetary source
of lease payments.
Preliminary Funding Plan
All estimates are preliminary numbers.
Staff continues to evaluate Measure W projections and the funding plan will require ongoing updates
leading up to bond issuance.The total project cost is $210 million.The preliminary funding plan for
the project is as follows:
·Measure W Cash:$71.4 million
·2019 Bond Proceeds:$115.0 million
·Other Local Sources:$23.6 million
City of South San Francisco Printed on 7/2/2019Page 1 of 4
powered by Legistar™
File #:19-387 Agenda Date:6/12/2019
Version:1 Item #:2.
Measure W Cash is the revenue from inception of tax through anticipated project completion.
2019 Bond Proceeds is estimated bond funds available for project costs,net of capitalized interest
and transaction costs.
Other Local Sources includes estimated funding sources such as public safety impact fee,donations,
infrastructure reserves and other funds. This amount includes a funding gap to be filled by donations.
The bond issuance total is estimated at $149.7 million at this time.$115.0 million is expected to be
used for project costs. The remaining $34.7 million is for the following:
·Capitalized Interest:$28.3 million is set aside to pay interest on the bonds while the project is
in construction.
·Insurance &Surety Premium:$5.0 million is the third party cost to insure the timely payment of
debt service and purchase a surety policy in-lieu of the City maintaining a cash debt service
reserve fund.
·Underwriter’s Discount:$1.1 million is the cost paid to the underwriters for selling the bonds to
investors on behalf of the City.
·Costs of Issuance $0.3 million is the cost paid to financial advisors,bond counsel,disclosure
counsel, rating agencies, and other ancillary costs associated with the sale of the bonds.
After construction is complete,the City will begin making debt service payments.The estimated total
principal amount is $149.7 million and the total interest amount is $132 million.These amounts and
the actual costs of issuance will be known once the bond sale is finalized.
DISCUSSION
Staff has been working with the City’s current financial advisor,PFM Financial Advisors LLC (PFM),
to provide analysis and bonding capacity based on revenue from the Measure W sales tax.With the
Community Civic Campus project nearing construction,the City has begun the bond issuance
process.
The bond issuance process typically takes four to five months to complete once the financing team is
assembled.The financing team includes City staff,a financial advisor (PFM),underwriter(s)and
bond/disclosure counsel.The financing team will work with the City to secure a credit rating from one
or two rating agencies prior to the bond sale.
Underwriter Selection
The role of the underwriter is to structure the bond issuance,assist with securing a credit rating,and
ultimately sell the bonds to the investors on behalf of the City.
In March 2019,staff released an RFP to provide underwriting services for the Community Civic
Campus financing.On April 22,2019,the City received proposals from 11 underwriting firms.Finance
Department staff and PFM reviewed all 11 proposals and created a shortlist of five firms to invite for
interviews.The shortlisted firms were chosen based on the written proposal including their
understanding of the City’s financing needs and recent lease revenue bond sales experience for
cities in California.
The five shortlisted firms invited for interviews were:
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·Bank of America Merrill Lynch
·Citi
·Piper Jaffray
·Raymond James
·Stifel
On May 16,2019,staff conducted interviews with the five shortlisted firms.The rating panel included
PFM,a Financial Services Manager,and the Assistant City Manager.Based on the interview and
rating criteria as shown in Attachment 1,staff recommends City Council approve the appointment of
the Stifel as the Senior Manager and Citi and Raymond James as Co-Managers for the Community
Civic Campus financing.All firms were qualified but Stifel had the best qualifications and
understanding of the City’s needs,and a thoughtful approach to looking out for the City’s interest.The
two Co-Managers also had great qualifications that would provide important peer review services as
well as strong relationships with the bond market that would well as support the Senior Manager
portfolio. Having multiple underwriters are typical for project of this size.
Staff will work with PFM to determine the allocation of responsibilities and compensation among the
firms. A brief overview of the three selected firms is provided in Attachments 2-4.
Contracting with the underwriters follows a different process than the City’s typical consultant
selection process.At this step,the City selects the underwriting firms and enters into a letter of
engagement.The cost for the underwriting services is paid from the proceeds of the bond issuance.
The Bond Purchase Agreement to be approved by City Council in the fall of 2019,along with the
other bond documents, will serve as the agreement with the underwriters and establish their costs.
As part of the responses to the RFP,the underwriters provided their proposed fee structures and all
are within an industry acceptable range.
Bond Counsel
In addition to the underwriters,a bond/disclosure counsel will also be needed for bonding.The
bond/disclosure counsel will support the City Attorney and draft the bond documents including the
authorizing resolution,the lease agreements,and the bond indenture,as well as the Preliminary
Official Statement (POS)and the Official Statement (OS),which are the disclosure documents related
to the sale of the bonds that provide information about the City and the project that are available to
investors.The bond/disclosure counsel also provides legal opinions about the authority to issue the
bonds and their tax status.
In March 2019,staff also released an RFP to provide bond and disclosure counsel services for the
Community Civic Campus financing.On April 22,2019,the City received proposals from 9 law firms.
The City Attorney’s Office reviewed 9 proposals and created a shortlist of four firms to invite for phone
interviews.The shortlisted firms were chosen based on the written proposal including their
understanding of the City’s financing needs as well as bond and disclosure counsel experience for
cities in California.
The four shortlisted firms invited for interviews were:
·Jones Hall
·Orrick
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·Squire Patton Boggs
·Stradling Yocca Carlson and Rauth
Based on the phone interviews the City Attorney’s Office recommends City Council authorize the City
Attorney to retain Stradling,Yocc,a Carlson,and Rauth (“Stradling”)for both bond and disclosure
counsel services.All firms were qualified but Stradling stood out in its approach to providing the City
with bond and disclosure counsel services and working effectively with City staff.The cost for the
bond and disclosure counsel services will be paid from the proceeds of the bond issuance upon
closing.The City Council will approve the bond documents and the terms of the bond issuance before
the sale is finalized.
FISCAL IMPACT
This action does not have an immediate fiscal impact.A future bond sale,once approved by City Council,will
obligate the City to make annual debt service payments for the life of the bonds.
RELATIONSHIP TO STRATEGIC PLAN
Priority Area 2 -Quality of Life:The selection of underwriters will enable the City to secure financing for the
construction of the Community Civic Campus project serving the needs of our community.
CONCLUSION
Adopting a resolution approving firms to provide underwriting services will allow the City to issue bonds and
construct the Community Civic Campus project.
Attachments:
1.Underwriter interview scores
2.Stifel profile
3.Citi profile
4.Raymond James profile
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Attachment 1
City of South San Francisco
Underwriter Interviews
May 16, 2019
Criteria:
Max Pts.
Available Stifel Citi Raymond James Piper Jaffray
Bank of America
Merrill Lynch
Quality of interview and responses to
questions 30 29 25 22 22 19
Ability to structure and market bonds at
lowest cost to City 15 15 14 13 12 10
Experience with similar financings in
California 15 14 14 13 13 11
Relevant qualifications of key personnel 10 10 9 9 9 8
Accessibility of key personnel during
engagement 10 10 10 10 9 10
Understanding of City's financing objectives 10 10 9 7 7 6
Distribution capabilities 5 5 5 5 5 5
Reasonableness of fees 5 5 5 5 5 5
Total 100 97 90 85 83 74
Ranking 1 2 3 4 5
Attachment 2
Stifel Overview. Stifel, Nicolaus & Co. Inc. was founded as a regional brokerage in 1890 and has expanded to become one
of the largest brokerage houses nationally and a leader in the public finance sector. A wholly owned subsidiary of Stifel
Financial, Stifel is a publicly traded company listed on the NYSE (ticker symbol “SF”) with more than 7,100 employees in
over 350 offices across the globe.
California Market Presence. Stifel senior-
manages more municipal bond financings than
any other firm, both nationally and in
California. In 2018, alone, Stifel brought to
market 536 negotiated municipal bond sales
totaling $10.2 billion, of which 160 issues
totaling $3.1 billion were for California issuers.
Our California underwritings are priced from
one of our two California underwriting desks,
one located in San Francisco, the other in Los
Angeles. Since 2014, Stifel has underwritten
about one-third of all California municipal
issues. This gives our underwriters unrivaled
insights into investor demand to provide the
most aggressive pricing results for our clients.
California Lease Financings. Since January 1, 2016. Stifel has
brought to market more than 100 California lease financings
totaling over $2 billion, including 67 negotiated financings
totaling over $1.2 billion as lead or sole manager. Stifel’s
market share represents roughly one-quarter of all such
financings and over half again as many as our closest
competitor. These include recent lease financings for Elk
Grove, Oakley, Palo Alto, Salinas, San Leandro and San Pablo,
and Santa Cruz County. Through our consistent market
presence, our sales people and underwriters keep their
fingers on the pulse of investors’ preferences resulting in
better pricing results for issuers.
Bay Area Experience. Finally, we note Stifel’s
extensive experience with Bay Area issuers. Over
the past three years, Stifel has senior managed 120
negotiated financings for issuers in the Bay Area
for a total par of over $10.3 billion. Stifel’s long list
of recent local issuer clients includes the cities of
Alameda, Berkeley, Burlingame, Concord, Dixon, El
Cerrito, Fairfield, Hayward, Milpitas, Mountain
View, Napa, Oakland, Oakley, Orinda, Palo Alto,
Richmond, Rohnert Park, San Francisco, San Jose,
San Leandro, San Pablo, Santa Rosa and Union City
and special districts such as the Dublin San Ramon
Services District, Livermore Valley Water Financing
Authority, the Mid-Peninsula Regional Open Space District and the Santa Clara Valley Water District. Local education
clients have included school districts serving Albany, Alum Rock, Bayshore, Belmont-Redwood Shores, Berryessa,
Burlingame, Calistoga, Castro Valley, Cloverdale, Dixie, Emery, Evergreen, Guerneville, Jefferson, Lagunitas, Livermore,
Millbrae, Milpitas, Moreland, Morgan Hill, Mount Diablo, Oak Grove, Petaluma, Pleasanton, Pope Valley, Redwood City,
Ross Valley, San Carlos, San Jose, San Mateo, San Mateo-Foster City, San Rafael, Sebastopol, Waugh, West Contra Costa,
Windsor and Woodside.
Bay Area Financing Experience (2016-2019)
Select Issuers Served by Stifel
Source: SDC. Full Credit to Bookrunner, Equal if Joint. Long-Term, Negotiated Issues.
0
200
400
600
800
1,000
1,200
1,400
Stifel Piper RBC Raymond
James
Citi Morgan
Stanley
BAML Wells
Fargo
Hilltop J.P.
MorganNumber of IssuesTop California Municipal Bond Underwriters (2014-2019)Top California Municipal Bond Underwriters (2014-2019)
Source: SDC. Full Credit to Bookrunner; Equal if Joint. Long-Term, Negotiated Issues.
$1.2b
$1.2b
$0.3b
$0.8b
$0.1b
0
10
20
30
40
50
60
70
80
Stifel Raymond
James
Piper Jaffray RBC Brandis TallmanNumber of IssuesTop California Lease Underwriters (2016 -2019)Top California Lease Underwriters (2016-2019)
City of South San Francisco: Stifel Background
Regulatory Disclosure.
Stifel, Nicolaus & Company, Incorporated ('Stifel') has been engaged or appointed to serve as an underwriter or placement
agent with respect to a particular issuance of municipal securities to which the attached material relates and Stifel is
providing all information and advice contained in the attached material in its capacity as underwriter or placement agent
for that particular issuance. As outlined in the SEC's Municipal Advisor Rule, Stifel has not acted, and will not act, as your
municipal advisor with respect to the issuance of the municipal securities that is the subject to the engagement.
Stifel is providing information and is declaring to the proposed municipal issuer and any obligated person that it has done
so within the regulatory framework of MSRB Rule G-23 as an underwriter (by definition also including the role of
placement agent) and not as a financial advisor, as defined therein, with respect to the referenced proposed issuance of
municipal securities. The primary role of Stifel, as an underwriter, is to purchase securities for resale to investors in an
arm's- length commercial transaction. Serving in the role of underwriter, Stifel has financial and other interests that differ
from those of the issuer. The issuer should consult with its' own financial and/or municipal, legal, accounting, tax and
other advisors, as applicable, to the extent it deems appropriate.
These materials have been prepared by Stifel for the client or potential client to whom such materials are directly
addressed and delivered for discussion purposes only. All terms and conditions are subject to further discussion and
negotiation. Stifel does not express any view as to whether financing options presented in these materials are achievable
or will be available at the time of any contemplated transaction. These materials do not constitute an offer or solicitation
to sell or purchase any securities and are not a commitment by Stifel to provide or arrange any financing for any
transaction or to purchase any security in connection therewith and may not relied upon as an indication that such an
offer will be provided in the future. Where indicated, this presentation may contain information derived from sources
other than Stifel. While we believe such information to be accurate and complete, Stifel does not guarantee the accuracy
of this information. This material is based on information currently available to Stifel or its sources and is subject to change
without notice. Stifel does not provide accounting, tax or legal advice; however, you should be aware that any proposed
indicative transaction could have accounting, tax, legal or other implications that should be discussed with your advisors
and /or counsel as you deem appropriate.
1
Attachment 3
Firm Information
Citigroup Inc., a publicly held corporation, is a leading financial services
company with approximately 200 million customer accounts in more than
160 countries. Its 200+ year history dates back to the founding of the City
Bank of New York in 1812. We provide a broad range of financial products
and services, including consumer banking and credit, corporate and
investment banking, securities brokerage, transaction services, and wealth
management to clients including governments, individuals, corporations and
institutions. Citigroup Global Markets Inc. (“Citi” or “CGMI”), our investment
banking business and broker/dealer, is an indirect, wholly owned subsidiary
of Citigroup Inc. Citi’s Institutional Clients Group, which includes the Municipal Finance Group, serves
governments, top corporations and financial institutions.
Municipal Finance Group. Citi’s Municipal Finance Group represents one of the largest commitments to
municipal securities of any firm with $50 billion of allocated resources and 320 professionals dedicated to serving
the municipal securities market. Citi’s Municipal Finance platform is comprised of the following subdivisions:
Public Finance Department (investment banking), Municipal Syndicate (underwriting), Capital Solutions Group
(financial products and lending), Debt Capital Markets (investor marketing), and Citi Community Capital (lending
and affordable housing). Municipal Finance works side-by-side with Municipal Capital Markets (sales and
trading).
Citi’s Local Presence
Citi has a large presence within California, with a dedicated team of 20 public finance bankers in San Francisco
and Los Angeles along with a full-service underwriting desk in Los Angeles which actively underwrites and trades
$300-350 of California tax-exempt bonds weekly on average. The combined breadth of local experience has
placed Citi as the top underwriter of California negotiated credits, including over 120 senior managed
transactions in the Bay Area, totaling over $13 billion in par amount. For more of a local presence, Citi currently
has 87 branches within the Bay Area counties with a total of over 1,210 representatives.
Citi and Fidelity Retail Distribution. The partnership with Fidelity is a new and exciting addition. In July, 2018
Citi and Fidelity signed an exclusive Retail Distribution Agreement in which all negotiated offerings underwritten
by Citi will be marketing and promoted to Fidelity’s retail investors. Through this agreement, Citi’s clients have
access to over 26.7 million individual investor accounts and total managed assets of $2.5 trillion, $18.6 billion of
which are municipal bonds. While Fidelity’s platform is primarily internet based, Fidelity maintains 183 retail
branches throughout the country with 4,212 retail representatives as well as teams of dedicated fixed-income
specialists at six phone sites open 24 hours a day seven days a week. Fidelity retail customers have access to
all Citi financings, and the two firms work hand in hand to assure retail distribution is maximized on each
transaction.
Citi at a glance:
Citigroup Inc.
Headquarters: New York, New York
Founded: 1812
Employees: 204,000
Customers: 200 million
Countries: 160
Assets: $1.9 trillion
Type: Public (NYSE: C)
1
CLIENT COMPANY Raymond James Firm Overview FIRM OVERVIEW. Raymond James Financial, Inc. is a diversified holding company incorporated and
headquartered in Florida providing financial services to individuals, corporations and municipalities
through its subsidiary companies. Raymond James was founded in 1962 with the objective of
providing a comprehensive range of investment opportunities to investors, while maintaining a
policy of professional integrity. Since its modest beginnings, the Firm has grown into one of the
largest financial services firms in the United States. A public company since 1983, Raymond James is
listed on the New York Stock Exchange under the symbol “RJF,” and its shares are currently owned
by more than 18,000 individual and institutional investors. Raymond James is headquartered in St.
Petersburg, Florida.
SIGNIFICANT BUSINESS LINES. The subsidiaries of Raymond James include Raymond James &
Associates, Inc., whose services include retail, institutional equity and fixed income sales, corporate
investment banking, municipal finance, trading activities, and operations and administration, as well
as two investment firm subsidiaries, Raymond James Financial Services, Inc. and Raymond James
Ltd., and asset management subsidiaries, including Eagle Asset Management, Inc. and the Eagle
Family of Mutual Funds. This allows the Firm to provide a full range of comprehensive financial
services to its clients. As detailed below, our primary business services include securities brokerage,
investment banking, asset management and banking services.
Raymond James and its subsidiaries have approximately 7,800 financial advisors serving 3 million
accounts in 3,100 retail locations throughout the United States. In addition, total client assets are in
excess of $725 billion, which includes approximately $575 billion of assets held for retail investors.
The Firm has grown to its present size and organization by adhering to what has been its primary
philosophy for almost 50 years, that of keeping the client’s financial well-being foremost. Over this
time, Raymond James has become a respected, multinational company with distinct business units
that serve a variety of clients, from individuals and small business owners to municipalities and major
corporations.
2
Raymond James Firm Overview NATIONAL RANKINGS. Raymond James is consistently named a top 10 municipal underwriter
nationally for senior managing negotiated and competitive long-term new issues. The following
presents our national ratings for 2016 through 2018.
LARGE MUNICIPAL BOND DISTRIBUTION
WITH SIGNFICANT CALIFORNIA PRESENCE.
Raymond James has one of the largest
distribution platforms in the business. We
have 22 municipal specialists who focus
exclusively on the largest Tier 1 accounts,
over 165 fixed income generalists, which is
the largest Middle Market (Tier 2 and 3
accounts) sales team in the US municipal
sector, and approximately 7,800 financial
advisors nationwide. In California, we have
approximately 394 Registered
Representatives in 185 offices covering
nearly 120,000 retail brokerage accounts
with over $26 billion assets under
management. In the Bay Area, we have 27
retail offices with 83 retail brokers.
8th RANKED UNDERWRITER 9th RANKED UNDERWRITER 8th RANKED UNDERWRITER
2016 2017 2018
*Source: Bloomberg
Rank Underwriter
Par Amount
(US$ mil)
No. of
Issues Rank Underwriter
Par Amount
(US$ mil)
No. of
Issues Rank Underwriter
Par Amount
(US$ mil)
No. of
Issues
1 Bank of America Merrill Lynch 65,882 443 1 Bank of America Merrill Lynch 63,107 439 1 Bank of America Merrill Lynch 52,162 352
2 Citi 50,023 465 2 Citi 46,421 421 2 Citi 38,766 318
3 JP Morgan 41,274 329 3 JP Morgan 38,618 284 3 JP Morgan 32,947 252
4 Morgan Stanley 34,023 320 4 Morgan Stanley 32,166 303 4 Morgan Stanley 26,684 243
5 Wells Fargo 25,488 266 5 RBC Capital Markets 26,812 527 5 RBC Capital Markets 21,725 401
6 RBC Capital Markets 23,344 641 6 Goldman Sachs 25,352 85 6 Wells Fargo 14,666 195
7 Stifel 18,158 807 7 Wells Fargo 22,481 238 7 Goldman Sachs 14,633 64
8 Raymond James 17,551 739 8 Stifel 18,360 746 8 Raymond James 12,902 441
9 Barclays 17,192 104 9 Raymond James 14,550 573 9 Jeffries 11,377 63
10 Piper Jaffray & Co 16,297 622 10 Barclays 14,468 99 10 Piper Jaffray & Co 11,369 344
11 Goldman Sachs 15,971 69 11 Piper Jaffray & Co 14,131 421 11 Stifel 10,317 542
12 Robert W Baird & Co 10,803 872 12 Jefferies 10,732 70 12 Robert W Baird & Co 8,561 702
13 Samuel A Ramirez & Co Inc 6,819 31 13 Robert W Baird & Co 9,482 758 13 Barclays 7,775 86
14 Jefferies 6,235 61 14 Siebert Cisneros Shank & Co LLC 6,797 31 14 Siebert Cisneros Shank & Co LLC 5,522 36
15 Ziegler Cos Inc/The 4,642 80 15 Loop Capital Markets LLC 6,015 13 15 Samuel a Ramirez & Co Inc 5,227 29
National Municipal New Issues
Full to Book (Equal if Joint)
Year Ended 2018Year Ended 2016 Year Ended 2017
National Municipal New Issues National Municipal New Issues
Full to Book (Equal if Joint)Full to Book (Equal if Joint)
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:19-388 Agenda Date:6/12/2019
Version:1 Item #:2a.
Resolution approving the services of three underwriting firms:Stifel as Senior Manager,and Citi and Raymond
James as Co-Managers for the Measure W Community Civic Campus project financing,and authorizing the
City Attorney to retain bond and disclosure counsel.
WHEREAS, in November 2015, the voters of South San Francisco approved Measure W a ½ Cent Sales Tax;
and
WHEREAS, the planned Community Civic Campus project will be funded by the Measure W ½ Cent Sales
Tax; and
WHEREAS, an estimated $115 million of the Community Civic Campus project funding will be thorough the
issuance of either lease revenue bonds or certificates of participation; and
WHEREAS, the City of South San Francisco (“the City”) issued a Request for Proposals for firms to provide
underwriting services as part of the issuance of bonds for the Community Civic Campus financing; and
WHEREAS, on April 22, 2019, the City received underwriting proposals from 11 firms and five firms were
shortlisted and invited for interviews; and
WHEREAS, City staff conducted interviews for the five shortlisted firms on May 16, 2019; and
WHEREAS, for bond issues it is standard practice to select a senior manager and co-manager(s) as part of the
underwriting services: and
WHEREAS, based on the interviews, the City is selecting Stifel as Senior Manager, Citi as Co-Manager, and
Raymond James as Co-Manager to provide underwriting services as part of the Community Civic Campus
financing; and
WHEREAS, the City also issued a Request for Proposals for law firms to provide bond and disclosure counsel
services as part of the issuance of bonds for the Community Civic Campus financing; and
WHEREAS, on April 22, 2019, the City received proposals from 9 firms and four firms were shortlisted and
invited to participate in phone interviews; and
WHEREAS, City Attorney staff conducted phone interviews and based on their proposal, experience and
interview, recommends retaining the law firm of Stradling, Yocca, Carlson & Roth for bond and disclosure
counsel services.
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File #:19-388 Agenda Date:6/12/2019
Version:1 Item #:2a.
NOW THEREFORE BE IT RESOLVED, that City Council of the City of South San Francisco does hereby
approve the selection of underwriting firms Stifel as Senior Manager, Citi as Co-Manager, Raymond James as
Co-Manager for the Community Civic Campus financing.
BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to sign letters of
engagement with Stifel, Citi, and Raymond James to provide underwriting services for the City of South San
Francisco.
BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to take any other
action consistent with the intent of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the City
Attorney or his designee to retain bond and disclosure counsel for the Community Civic Campus project
funding.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:19-330 Agenda Date:6/12/2019
Version:1 Item #:3.
Report regarding a resolution confirming the change in solid waste collection rates to be collected by the South
San Francisco Scavenger Company effective July 1, 2019.(Christina Crosby, Interim Director of Finance).
RECOMMENDATION
It is recommended that the City Council adopt a resolution confirming the change in solid waste
collection rates to be collected by the South San Francisco Scavenger Company effective July 1, 2019.
BACKGROUND/DISCUSSION
On July 9,1997,the City Council approved a franchise agreement for collection and disposal of solid waste
with the South San Francisco Scavenger Company (Franchise Agreement).Under the terms of the Franchise
Agreement,the solid waste rates are adjusted every third year based on a rate survey of cities throughout the
San Francisco Bay Area,and adjusted by 80 percent of the Consumer Price Index (CPI)in the intervening
years.
The proposed rates for solid waste and sludge hauling for 2019-20 accurately reflect an increase of 80 percent
of the CPI or 2.63 percent.City staff has confirmed that the data from the United States Bureau of Labor
Statistics indicates that the CPI in February 2018 was 275.699 and 284.758 in February 2019.Staff has also
confirmed the calculation of 80 percent of the change in CPI, equaled 2.63 percent.
Scavengers would like to note,the effects of policy changes in China regarding the importation of paper,
cardboard and plastics has created chaos in the world recycling markets.This is primarily due to the loss of
markets for recyclable materials,which has led to a significant revenue decrease and a significant increase in
expenses in the industry,not just in the Bay Area or in California,but nationwide and worldwide.The lack of
markets and the increased costs of sorting to a higher standard,is putting tremendous upward pressure on rates,
since the mandated diversion goals have not changed.As a result,the Scavengers would like to note that rates
in the region were increased significantly in the last year and are being increased all over California to make up
for the lack of revenue and increased expense to achieve the same mandated diversion goals.In other states,
some cities are being forced to abandon various aspects of their diversion programs,or are even eliminating
curbside recycling altogether.Today’s conditions are not expected to be temporary,and if anything,will
probably get worse.
In 2013,the City entered into an amended agreement with the Scavengers that provides for a rolling 20-year
franchise term.The longer term was implemented to allow the Scavengers to have a longer period to obtain
financing for their investment in capital improvements.As part of their approval of that amendment,the
Council asked the Scavengers to provide an annual update on the status of their capital improvement program.
Representatives of the Scavengers will be at the meeting on June 12th to present this information,a summary of
which is in the PowerPoint attached to this report (Attachment 1).
FISCAL IMPACT
The rates for residential customers using the 20-gallon can size will increase from $25.99 to $26.67 per month.
Rates for residential customers using the 32-gallon will increase from $33.52 to $34.40 per month.A copy of
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File #:19-330 Agenda Date:6/12/2019
Version:1 Item #:3.
Rates for residential customers using the 32-gallon will increase from $33.52 to $34.40 per month.A copy of
the full rate proposal is attached for Council’s information (Attachment 2).
CONCLUSION
Adopting the associated resolution will confirm that the Scavenger’s solid waste proposal satisfies the terms of
the Franchise Agreement with the City.
Attachments:
1.South San Francisco Scavenger Company PowerPoint Presentation
2.Letter from South San Francisco Scavenger Company dated May 16,2018,including Rate Survey and
Rate Schedule
3.Franchise Agreement and 2013 Amendment between City and South San Francisco Scavenger
Company
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SOUTH SAN FRANCISCO SCAVENGER COMPANY
2019 CITY COUNCIL UPDATE
Attachment 1
1 of 7
ONGOING CAPITAL
INVESTMENTS-
•Added four more
CNG- powered
trucks for a total of 36
2 of 7
ONGOING CAPITAL
INVESTMENTS-
•Replacement of
Materials Recovery
Facility floor – increasing
durability and safety
3 of 7
ONGOING CAPITAL INVESTMENTS -
•Installation of stormwater filtration filters
4 of 7
EARTH DAY 2019
5 of 7
ONGOING CHALLENGE – DIMINISHED
RECYCLING MARKETS – WHAT’S NEXT?
6 of 7
Questions?7 of 7
Attachment 2
1 of 6
2 of 6
3 of 6
4 of 6
5 of 6
20gal 32gal or similar Rate Period Notes
Population
(2016)
Alameda $31.90 $40.27 Adjustment expected 7/1/19 76,419
Albany $38.09 $42.65 unknown 19,192
Atherton $25.00 $50.00 unknown 6,914
Belmont $26.07 $36.47 Effective January 1, 2019 25,835
Benicia $26.63 $31.46 Effective July 1, 2019 26,997
Burlingame N/A $25.28 Effective January 1, 2019 29,892
Campbell $21.99 $28.77 Effective July 1, 2019 40,584
Castro Valley $30.79 $47.74 Effective May 1, 2019 61,388
Cupertino N/A $26.32 Effective November 1, 2018 60,189
Daly City N/A $28.11 Adjustment expected 7/1/19 104,739
El Cerrito $37.63 $49.63 Effective through 2019 24,316
El Sobrante $28.37 $34.73 Effective through 2019 12,669
Fremont $34.04 $34.77 unknown 224,922
Gilroy N/A $32.51 Adjustment expected 7/1/19 51,701
Hayward $23.62 $34.52 Effective March 1, 2019 151,574
Hercules $32.92 $38.63 Effective through 2019 24,848
Livermore $29.35 $38.85 Effective July 1, 2019 80,458
Los Altos $31.98 $34.45 Adjustment expected 7/1/19 30,010
Los Altos Hills $30.74 $42.85 Effective July 1, 2019 7,922
Los Gatos $22.88 $30.04 Effective July 1, 2019 30,391
Martinez $24.91 $35.68 unknown 37,165
Menlo Park $19.90 $28.60 Effective through 2019 33,071
Millbrae $22.39 $35.85 Effective July 1, 2019 22,424
Milpitas $33.59 $36.51 Effective January 1, 2019 77,957
Monte Sereno $25.03 $32.75 Effective July 1, 2019 3,485
Morgan Hill N/A $31.60 Adjustment expected 7/1/19 40,936
Mountain View $23.25 $33.90 Adjustment expected 7/1/19 74,066
Newark $29.30 $32.56 Effective through 2019 42,573
Oakland $41.54 $47.17 Adjustment expected 7/1/19 382,586
Orinda $39.88 $45.58 Effective March 1, 2019 18,681
Pacifica $23.66 $37.06 unknown 37,234
Palo Alto $27.81 $50.07 unknown 64,403
Piedmont $79.84 $84.60 Adjustment expected 7/1/19 11,082
Pinole $29.99 $35.74 Effective through 2019 18,902
Pittsburg N/A $39.80 unknown 63,264
Pleasant Hill $24.28 $28.09 Effective January 1, 2019 34,954
Portola Valley $20.14 $32.24 Effective July 1, 2019 4,353
Redwood City $12.87 $30.86 Effective February 1, 2019 76,815
Richmond $30.48 $37.09 Effective through 2019 107,571
San Bruno $24.59 $31.70 Effective July 1, 2019 42,443
San Carlos $24.13 $35.23 Effective through 2019 29,963
San Francisco $49.77 $56.50 Adjustment expected 7/1/19 805,235
San Leandro $24.01 $29.91 Adjustment expected 7/1/19 87,965
San Mateo $15.00 $24.00 Effective January 1, 2019 101,128
San Pablo $26.40 $32.20 Effective through 2019 29,685
San Ramon $26.06 $32.20 Effective through 2019 72,148
Saratoga $23.66 $30.95 Effective July 1, 2019 30,907
Sunnyvale $41.65 $46.88 Adjustment expected 7/1/19 147,559
Unincorp. SMC / GreenWaste $26.46 $42.42 Effective July 1, 2019
Unincorp. SMC / SBWMA $33.65 $39.99 Effective February 1, 2019
Union City $42.93 $50.31 Adjustment expected 7/1/19 72,528
Woodside $20.14 $32.24 Effective July 1, 2019 5,481
TOTAL $1,359.32 $1,948.33
AVERAGE $29.55 $37.47
Proposed SSF 07/01/2019 Rates 26.67$ 34.40$
color key:New to survey
Jurisdiction
Residential (2019 Survey)
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AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
This A~eement, dated JU.~ 'i , , 1 997, is made by and between the
City of South San Francisco, a municipal coq~oration (hereinafter "City"), and South
San Francisco Scavenger Company, Inc., a California corporation (hereinafter
"Scavenger Company''), with reference to the following:
WHEREAS, the Integrated Waste Management Act of 1.989 ("AB 939")
requires that City divert fifty percent (50%) of its waste stream from landfills by the
year 2000; and
WHEREAS, City and Scavenger Company have determined that the primary
method for City to satisfy this requirement will be to increase the recycling and reuse
of materials otherwise disposed of in landfills; and
WHEREAS, the most contemporary public education and recycling pro~ams,
and a modem materials recovery facilit)' capable of diverting greater amounts of solid
waste, will be needed to accomplish such result; and
WHEREAS, such new programs and facility will entail a significant, long-term
financial investment; and
WHEREAS, City desires for Scavenger Company to assume, and Scavenger
Company is willing to assume, the obligation to ensure that compliance with the
requirements of AB 939 is achieved, subject to the terms and conditions in this
Agreement and applicable law; and
WHEREAS, City desires, and Scavenger Company is willing to provide, an
indemnity, on the terms and conditions in tfiis Agreement, against penalties assessed
for failure to meet the 50% diversion requirement under AB 939; and
WHEREAS, City desires to provide adequate, ongoing service revenues to fund
the required programs and facilities while assurmg City's residents and businesses of
service rates that are competitive with those charged in neighboring communities;
and
WHEREAS, Scavenger Company currently collects and disposes of solid waste
matter accumulated in the City pursuant to an exclusive franchise agreement with
City entitled AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE REFUSE IN THE CITY OF SOUTH SAN FRANCISCO and dated August
1, 1990 (hereinafter the "Prior Franchise Agreement"); and
WHEREAS, Scavenger Company currently collects and sells recyclable
materials generated in City pursuant to an exclusive franchise agreement with City
entitled AGREEMENT TO PROVIDE RECYCLING SERVICES and dated July 20,
1989 (hereinafter the "Prior Recycling Agreement"); and
Attachment 3
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WHEREAS, the parties wish to assure the health, safety anci public welfare of
the City's residents andbusinesses by providing efficient services for recycling and the
collection and disposal of all solid waste generated in the City pursuant to the terms
of a long-term agreement providing for competitive service rates;
NOW, THEREFORE, the parties agree as follows:
1. Franchise Grant.
I. I City hereby gi::ants to Scavenger Company, and Scavenger Company
hereby accepts from City, the exclusive franchise right and privilege, subject only to
Section I .3 below, as City's Scavenger and Authorized Recycling Agent under
applicable law, to collect, remove, transport, recycle, compost and dispose of all solid
waste generated in City in accordance with the provisions of City's laws and
regt!lations pertaining to the accumulation, collection and removal thereof and any
applicable State and Federal statutes or administrative rules.
I .2 All solid waste collected by Scavenger Company pursuant to this
Agreement shall become the property of Scavenger Company upon its possession
tnereof; provided that nothing in this section shall be deemed a waiver by City of its
rights and duties under this .Agreement.
(a) To the extent permitted by apRlicable law, City agrees to take such
steps as may be reasonably necessary to protect Scavenger Company's ownership of
sohd waste, including recyclable materials, placed at the curbside or designated
collection location for collection by Scavenger Company under the terms of this
Agreement. City and Scavenger Company shall also cooperate to protect Scavenger
Company's exclusive rights to collect all solid waste, including recyclable materiafs, in
accordance with the terms hereof, to the extent permitted by applicable law.
I .3 The franchise to collect, remove, transport, recycle, compost and dispose
of solid waste (including recyclable materials) granted to Scavenger Company
hereunder shall, througfiout the term hereof and in all respects, 5e exclusive, except
as otherwise provided by applicable law and as follows:
(a) recyclable materials and salvageable materials generated at any
residential, commercial and industrial or institutional property that are source
separated may be transported personally by the generating person for donation to or
collection by a collection or processing facility tnat has been duly approved and
authorized as such by a governmental or other appropriate authority, including
beverage containers recycled at authorized facilities under the California Beverage
Container Recycling Litter Reduction Act;
(b) recyclable materials and salvageable materials generated at any
residential, commercial and industrial or institutional property tnat are source
separated may be sold or donated by the generating person to any charitable entity;
( c ) recyclable materials and salvageable materials generated at any
residential, commercial and industrial or institutional property that are source
separated may be accumulated by the generating person fur collection and collected
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by licensed junk collectors;
(d) solid waste generated at any residential, commercial and industrial,
or institutional property may be personally transported by the person generating
same to any transfer station or materials recovery facility;
(e) yard waste removed from a residential, commercial and industrial or
institutional property by a gardening, landscaping or tree trimming contractor as an
incidental part of a comprenensive service offered by such contractor, rather than as a
hauling service, may be oisposed of by such contractor at any licensed landfill,
transfer station or materials recovery facility;
(f) construction debris and demolition debris removed from a
residential, commercial and industrial or institutional property by a licensed
construction or demolition contractor using its own employees and equipment as an
incidental part of a comprehensive service offered by such contractor, rather than as a
hauling service, may be oisposed of by such contractor at any transfer station or
materials recovery facility; and
(g) hazardous waste and household hazardous waste may be disposed
of in any lawful manner.
1.4 Except as expressly provided herein, this Agreement shall supersede the
Prior Franchise Agreement and tile Prior Recycling Agreement as of the effective date
set forth in Section 3 below, when such Prior A~eements shall cease to have any
effect (except for periods prior to such effective oate). In particular, the amount
remaining in the oalancing account under the Prior Francfiise Agreement as of the
effective aate of the new franchise granted hereunder shall be eliminated without cost
to City.
2. Definitions.
2.1 "Charitable entity" means any not-for-profit organization or entity
maintained for community service, education or the public good, including service
clubs, scouting organizations, religious and educational organizations and recognized
charities.
2.2 "Collect" or "collection" means the collection, transportation, and
removal of solid waste within and from City.
2.3 "Commercial and industrial property" means property upon which
business activity is conducted, including out not limited to retail sales, services,
wholesale operations, manufacturing ano industrial operations, but excluding
businesses conducted upon residential property whicfi are permitted under applicable
zoning regulations and are not the primary use of the property.
2.4 "Construction debris" means construction materials generated during the
construction or renovation of a residential, commercial and industrial or institutional
property.
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2.5 "Containers" means any and all types of solid waste receptacles including
but not limited to rectangular bins, cylindrical containers commonly available at
retail stores for residential use, and any and all other kinds of receptacles, irrespective
of size or shape.
2.6 "Demolition debris" means used construction materials generated during
the razing or renovation of a residential, commercial and industrial or institutional
property.
2. 7 "Hazardous waste" means all substances defined as hazardous waste,
acutely hazardous waste or extremely hazardous waste by the State of California, or
identified as hazardous waste by the U.S. Environmental Protection Agency, under
applicable laws or regulations.
2.8 "Household hazardous waste" means hazardous household waste
generated at residential properties within the City.
2.9 "Institutional property" means the premises or site of any governmental
entity, including city, county, state and/or federal buildings, public schools, colleges,
and public recreational sites.
2.10 "Licensed junk collector" means a person that is licensed with City to
collect source separated recyclable materials and source separated salvageable
materials from the person generating such materials in accordance with applicable
law.
2.11 "Recyclable materials" means solid waste which may be reused or
processed into a form suitable for reuse through reprocessing or remanufacture
consistent with the requirements of AB 939, including, without limitation, paper,
newsRrint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum,
PET, HOPE, and other plastics, beverage containers, compostable materials
(including yard waste), and wood, bricl< and stone in reusable size and condition.
Recyclabfe materials shall include those items of construction debris and demolition
debris which are described in this Section 2.11.
2.12 "Residential property" means property used for residential purposes,
irrespective of whether such dwelling units are rental units or are owner-occupied.
Complexes of four or more units, wfiether in a single structure, or connected
structure, or series of structures may be subject to procedures and rates which differ
from other lower density residential properties.
2.13 "Salvageable materials" means used articles capable of being restored or
resold for reuse, in either case without reprocessing or remanufacture, including
antiques, used building supplies and automobiles and automobile parts. Salvageable
materials shall include those items of construction debris and demolition debris
which are described in this Section 2.13.
2.14 "Solid waste" means all putrescible and nonputrescible residential refuse,
commercial solid waste, institutional solid waste, garbage, yard waste and rubbish as
defined in Public Resources Code Section 40191, mcluaing, without limitation, for
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the purposes of this Agreement construction debris, demolition debris, recyclable
materials and salvageable materials, but excluding hazardous waste and household
hazardous waste.
2.15 "Source separated," as to recyclable materials, means recyclable materials
that have been separatea from solid waste that is not recyclable material and from all
other types of recyclable materials by the person generating such solid waste or
recyclable materials at the residential, commerciaf and industrial or institutional
property where such solid waste or recyclable materials are generated to form one
readily identifiable category of recyclable material as set forth in Section 2.11 above
that is saleable without 1urther sorting. "Source separated," as to salvageable
materials, means salvageable materials that have been separated from solid waste that
is not salvageable material by the person generating sucli solid waste or salvageable
materials at the residential, commercial and industrial or institutional property where
such solid waste or salvageable materials are generated. (For example, cari:lboard that
has been separated by a 5usiness from glass, PET plastic and wet garbage is source
separated so long as the separation is accomplisheo by the generator at the
commercial and industrial property where all of such items are generated and all of
such items are generated by such business.)
2.16 "Yard waste" means tree trimmings, grass cuttings, dead plants, leaves,
branches and dead trees (not more that six (6} inches in diameter) ano similar
materials generated at a residential, commercial and industrial or institutional
property.
3. Term.
3.1 The term of the franchise shall be for a period of twenty (20) years,
commencing on the effective date of November 1, 1 g97 and ending October 31,
2017.
3.2 Subject to Section I 0.2 of this Agreement, Scavenger Company shall
have one ( 1) option to extend this Agreement and the franchise granted hereunder on
the terms and conditions herein for a period of ten ( 10) years commencing November
1, 2017 and ending October 31, 2027. Notice of Scavenger Company's exercise of
such option must oe g_!ven at least six (6) months prior to October 31, 2007. City
shall endeavor to notify Scavenger Company in writing of this deadline at least nine
(9) months prior to October 31, 2007, provided that City's failure to do so shall not
serve to extend the deadline. The option to extend hereunder may not be exercised
unless Scavenger Company shall be in material compliance with the terms of this
Agreement at the time of exercise and on October 31, 2017.
3.3 Prior to Scavenger Company's exercise of its option to extend, the
parties shall meet to review the terms and conditions of this Agreement in light of
changes in circumstances and conditions affecting the subject matter hereof that have
occurred since the date hereof. Each party hereby agrees to use its best efforts to
identify and agree to any modifications in such tem1s and conditions needed to fairly
and reasonably address any such changes in circumstances and conditions.
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4. Franchise Fee.
4.1 On or before the twentieth (20th) day of each month during the term of
this franchise, Scavenger Company shall remit to City a sum of money equal to seven
percent (7%) of the gross revenues collected by Scavenger Company from customers
within the City limits during the preceding calendar month as a franchise fee. If the
franchise fee is not paid on or before the twentieth (20th) day of any month, a late
payment fee in an amount equal to eighty-three one-hundredths of a percent (0.83%)
of the amount owing per month will tie charged for each thirty (30) day period the
franchise fee remains unpaid.
4.2 Each monthly remittance to City shall be accompanied by a statement
detailing gross revenue of Scavenger Company from customers for the period covered
from operations conducted or permitted pursuant to this Agreement. In addition,
Scavenger Company shall maintain copies of all billings and collection records for
three (3) years following the date of billing for inspection and verification by City.
5. Services.
5 .1 Solid Waste. Scavenger Company shall collect and dispose of all solid
waste (other than source separatea recyclaole materials, which are subject to Section
5.2 below) generated by any person at every residential, commercial and industrial,
and institutional property within City at least once each week on a regularly
scheduled day in accordance with this Agreement.
5 .2 Re~clable Materials. Scavenger Company shall collect all source
separated recyclale materials generated by any person at every residential property
(excluding multiple-unit residences) within City at least once each week on a
re~larly scheduled day in accordance with this Agreement, except that yard waste
shall be collected from such properties at least once every two weeks. Scavenger
Company shall collect all source separated recyclable materials generated by any
person at every commercial and industrial, institutional and multiple-unit residential
property withm City upon a schedule established between Scavenger Company and
each generating person (or the owner, landlord or property manager, in the case of
multiple-unit residential properties), but not less frequently than is required to
expeditiously collect sucn recyclable materials, without creating storage, health, or
safety hazards.
(a) Scavenger Company may refuse to collect recyclable materials
generated by, and shall not be obligated to continue to provide any recxcling
receptacle or container to, any person who after reasonable warning, fails to sort
recyclable materials properly, or fails or refuses to allow Scavenger Company to
collect, on an exclusive basis, said person's recyclable materials. Scavenger Company
shall report to City any warning notices issued by Scavenger Company for this
purpose, and City shall investigate same to determine whether the person receiving
the notice has violated the applicable ordinance.
5.3 Changes: Missed Pick-Ups. Scavenger Company shall not alter or adjust
collection services without providing prior notice to all service addresses, and any
schedule modifications shall not resuft in reduced service frequency to any customer.
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Scavenger Companl. shall collect and remove solid waste and recyclable materials
from any premises 'missed" or "skipped" during the re~larly scheduled time, within
one (I) working day after demand for collection is made by the customer or City.
5.4 Containers-Solid Waste. Scavenger Company shall collect solid waste
from containers of a size and weight customarily sold for use upon residential
property and which, when filled, are safely capable of being handled by one person,
provided that such containers have lids capable of preventing solid waste from
spilling out under normal circumstances. Nothing in this section shall be deemed to
precluae the use of bins or other containers of a size and shape acceptable to
Scavenger Company and, in the event City and Scavenger Company shall institute
new programs hereunder which require bins or other containers of a particular size
and Shape, customers on residential properties shall use bins or other containers
meeting such requirements.
5.5 Containers-Recyclable Materials.
(a) Single Unit Residential. Scavenger Company shall provide and
distribute one set of residential recycling containers, at no cost in addition to the
monthly rates, to each residential property (other than multiple-unit residential
properties) in City. The recycling containers are those contamers described in the
attached Schedule 1, entitled "Recycling Containers," or other similar containers
mutually agreed upon by Scavenger Company and City. The cost of supplying such
recycling containers shall be borne by Scavenger Company, at no cost in addiuon to
the monthly rates.
(i) Replacement of Containers. The 2arties acknowledge that
from time to time a single unit residential generator may aamage or destroy the
recycling containers supplied by Scavenger Company, and that such unusual loss or
damage would not be considered within the reasonable control of the residential
generator. Scavenger Company agrees that it will encourage the residential generator
to replace said recycling containers at the expense of the residential generator. To
this end, Scavenger Company shall make sets of three (3) such recycling containers
available for purchase by any single unit residential generator at a price not to exceed
the prevailing cost to Scavenger Company. The parties also acknowledge that from
time to time residential recycling containers may be stolen from the cuib. When
notified of such occurrence, Scavenger Company shall rerlace, at no charge to the
single unit residential generator, not more tnan a reasonable number of times, the
stofen container(s). Tile frequency with which this shall occur shall be determined
mutually between City and Scavenger Company. Following the distribution of a
recycling container to each single unit residential property, -Scavenger Company shall
not be required to purchase or provide additional recycling containers to such
property unless requested to do so by City, or as replacement containers are needed
by a residential generator because of unusual loss or damage beyond the reasonable
control of the resident as described above. In the event City requests Scavenger
Company to provide additional single unit residential recycling containers, th.e cost of
the containers and the distribution thereof shall be borne by City, except as provided
above.
(b) Multiple-Unit Residential. Commercial and Institutional.
Scavenger Company shall also make available recycling containers for each
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multiple-unit residential, each commercial and industrial and each institutional
property, within City of a size and shape suitable for each such location. The cost of
supplying, repairing, and replacing such recycling containers shall be borne by
Scavenger Company.
( c ) Ownership. The ownership of all recycling containers purchased
b_y Scavenger Company under this Agreement shall be and remain with Scavenger
Company.
5.6 Personnel and Equipment. Scavenger Company shall furnish the
personnel, labor and equipment required for the collection, removal, handling and
oisposal of all solid waste generateo within the corporate limits of the City.
5. 7 Disposal Facilities. Scavenger Company shall haul all solid waste
collected by it in City to the existing transfer station operated by Blue Line Transfer,
Inc., a related party entity. As soon as the Blue Line Transfer, Inc. relocated transfer
station and materials recovery facility referred to in the Recitals above are
operational, Scavenger Company shall haul all solid waste collected by it in City to
such facility. All of such sohd waste that is neither recyclable nor salvageable shall be
hauled to a licensed and suitable disposal facility (i.e., landfill) located outside City
selected by Scavenger Company. In the event that such a disposal facility is not
readily available due to no fault of Scavenger Company, or due to events beyond the
control of Scavenger Company, such as acts of God,~public emergency, strike or
lockout by employees of another entity, Scavenger Company shall use its best efforts
to locate such a disposal facility, but shall not be held liable to the extent that such
lack of disposal facility prevents the hauling of solid waste to a site outside City.
5.8 Local Office. Scavenger Company shall maintain an office where service
may be apflied for and complaints made. The address and telephone number of such
office shal re~larly be included in customer billin~s and service information
distributed to the public. Scavenger Company's office shall have a responsible
individual available daily between the hours of eight o'clock a.m. and five o'clock
p.m., excepting Saturday, Sunday and holidays. Calls for "missed" collections shall be
received 24 hours per day.
5.9 Pick-Ups at City Facilities. Scavenger Company shall remove, without
charge, all solid waste generated at all City facilities (of the nature and in the
amounts currently collected) at least once per week, but Scavenger Company may
charge all other public agencies for services rendered at the same rates and on the
same basis as pnvate firms or individuals are charged for similar services.
5.10 Annual Ci~de Clean-Up. Scavenger Comr.any shall provide one
annual free all purpose ltY-wide collection, at wnich it Will accept all nature of solid
waste, except hazardous waste and household hazardous waste. The dates for such
collections shall be publicized in advance by Scavenger Company. The collection
shall be made each year throughout the term of this franchise in accordance with
R_ractices and procedures established by Scavenger Company, and approved by the
City Manager.
5.11 Additional Services. Scavenger Company shall provide additional
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services upon request of City, or UJ?On the proposal of Scavenger Company as
approved by City pursuant to Section 5.13 below, subject, if tbe costs incurred by
5cavenger Company to provide such services increase, to the establishment by mutual
written agreement of a reasonable rate therefor.
5.12 Permits and Licenses. Scavenger Company shall obtain and maintain
throughout the term of the franchise all permits, licenses and approvals necessary or
required for Scavenger Company to 2erform the work and services described herein.
City shall cooperate with Scavenger Comfany in connection with such permits,
licenses and approvals, and shall renew al such permits, licenses and approvals issued
by City, proviaed that Scavenger Company is not in material breach of this
Agreement and provided Scavenger Company shall have fulfilled all existing
requirements for the renewal of such permits, licenses and approvals.
5.13 Diversion Requirement.
(a) Pro r m ··AB 3 Co · I emnification. In order to
achieve compliance wit the fifty percent ( 0%) or, if applicable, lesser diversion
requirement of AB 939, Scavenger Company shall propose and implement various
recycling, solid waste reduction, public education and reporting programs for City
and its residents, including the basic elements set forth in Exhibit "A" attached to this
Agreement. (Scavenger Company shall continue to propose and implement new or
improved pro~ams tor so long as compliance with AB 939's diversion requirements is
legally requirea.) Subject to tfie conditions set forth in Section 5.13(b) below,
Scavenger Company hereby agrees (I ) to divert the percentage of the City's solid
waste, and perform such other actions, as necessary to achieve compliance with the
requirements of AB 939 as it may be amended from time to time; and (ii) to protect,
defend and indemnify City and its Council, boards, commissions, officers, agents,
representatives and employees against all fines or penalties imposed, after reasonable
contest, by the California Integrated Waste Management Board as the result of the
failure to meet such 50% or, if applicable, any lesser percentage diversion
requirement imposed under AB 939 as it may be amended from time to time;
provided, that Scavenger Company is given the opportunitx to jointly control the
contest of any such fines and/or penalties so imposed with City.
(b) City Responsibilities. Other Factors. Notwithstanding any other
provision in this Agreement, Scavenger Company's obligations pursuant to Section
5.13(a), above, relating to AB 939 compliance and indemnification shall depend
upon:
(I) City taking all actions necessary to implement programs and
adopt reasonable rate increases as proposed by Scavenger Company in accordance
herewith;
(ii) City considering, enacting, administering, and enforcing
approJ?riate laws, regulations, incentives and sanctions necessary to assure the
exclusive nature of Scavenger Company's franchise rights hereunder and to gain the
waste diversion participation of residential properties, commercial and industrial
properties and instituuonal properties withm City as deemed reasonably necessary to
ensure diversion goal compliance;
(iii) The fines or penalties which give rise to such
indemnification obligations, or the failure to achieve AB 939 compliance, not
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resulting from the negligent or willful acts or omissions of City (excluding for this
pmyose any neg~igent or willful acts or omissions by Scavenger Company that would
be imputed to City);
(iv) Scavenger Company not being required by City or by a
change in applicable law or regulation to cease performing any of its recycling or
other services which contribute to landfill diversion; and
(v) There being no change in any applicable law or re~lation
which materially impairs Scavenger Company's ability to find bona fide end users of
recyclable materials.
( c ) Unforeseeable Circumstances. In the event that Scavenger
Company shall have used its best efforts consistent with Exhibit "A" to ensure that
the 50% (or lesser) diversion requirement of AB 939 is achieved, but shall determine
that such requirement may nonetheless not be satisfied, Scavenger Company shall
give City prompt written notice of such determination. City ano Scavenger
Company shall then meet promptly to decide whether to increase rates beyond the
rates calfed for in Section 6 below to fund additional efforts which were
unforeseeable on the date hereof and which Scavenger Company has reasonably not
undertaken to date (excluding any residential yard waste program, and excluding the
construction and operation of a new materials recovery facility in a commercially
reasonable manner for the purpose of achieving compliance with AB 939's diversion
requirements) to satisfy such diversion requirement, provided that, if City is
unwilling to do so, Scavenger Company snail be relieved of its AB 939 compliance
and indemnification obligations set forth in Section 5.13(a) above.
6. Rates.
6.1 Establishment of Rates. The maximum service rates specified in Exhibit
"B" to this Agreement have been agreed upon by City and Scavenger Company and
shall take effect on the effective date of d'ie franchise as set forth m Section 3 above.
Such maximum service rates shall be subject to review and revision as set forth in
Sections 6.2, 6.3 and 6.4 below. Scavenger Company shall not charge any amount in
excess of the approved rates for services required by or permitted unaer this
Agreement.
6.2 Modification Based on Consumer Price Index. The maximum rates
specified under this Agreement shall be increased July 1st every year (beginning in
1998, but excluding tfie year 2000 and every third year thereafter) by an amount
equal to eighty percent (80%) of the percentage increase, if any, in the Consumer
Price Index for Urban Wage Earners and Clencal Workers, as published and
maintained by the United States Bureau of Labor Statistics for the San
Francisco-Oakland Metropolitan Area (1982-84= 100), for the prior year, using the
Index most recently published before March 31st of such year and before the prior
March 31st; providea, however, that, in 1998, the maximum rates set forth on
Exhibit "B" snail be adjusted by the percentage increase in the Index for the prior
seventeen (I 7) months, using the Index most recentl~ published before March 31,
1998 and before November I, 1996. The procedure for rate adjustments under this
Section 6.2 shall be as follows.
(a) Not later than March 31st of each year that is subject to a rate
increase under this Section 6.2, Scavenger Company snail file with City a written
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Notice of Intention to adjust each of the then current maximum rates effective as of
Julx 1st of the same year by the above-specified percentage of the percentage increase
in the Index for the applicable period.
(b) Within thirty (30) days of the filing of the Notice of Intention,
the City Manager shall review the Notice of Intention, and either confirm that the
proposed maximum rates are within the limit of Section 6.2(a) above or establish by
mutual agreement with Scavenger Company any necessary changes to the proposed
maximum rates to make such confirmation.
(c) The City Manager shall immediately inform the City Council in
writing of the new maximum rates determined in accordance with this Section 6.2
and, not later than June 30th of the year of the Notice of Intention, the City Council
shall act upon the new maximum rates as appropriate, with any new maximum rates
to become effective on July 1st of the same year.
(d) In the event that the Consumer Price Index described in Section
6.2(a) above shall be discontinued or materially modified during the term of the
franchise, the parties shall use their best efforts to substitute a replacement index
and/or otherwise change Section 6.2(a) above so as to replicate, as nearly as possible,
the mutual intention of the parties to rely on the results of the Consumer Pnce Index
described in Section 6.2(a) as in effect on the date hereof.
6.3 Extraordinary Items. In addition to adjustments under Sections 6.2
above and 6.4 below, the maximum rates hereunder shall be subject to increase or
decrease to reflect extraordinary increases or decreases in Scavenger Company's costs
of providing services hereunder, such as landfill or disposal costs, costs mandated by
governmental action or judicial decisions, franchise fees and similar items. Increases
or decreases in maximum rates pursuant to this Section 6.3 shall take effect so as to
eliminate, to the maximum extent possible, Scavenger Company's loss or gain of
revenue and/or frofit resulting from the extraordinary increase or decrea~e in costs
from the date(s such increase or decrease first occurred.
6.4 Modification Based on Neighboring Cities' Rates. Irrespective of any
adjustments to maximum rates pursuant to Sections 6.2 and/or 6.3 above, every
maximum service rate applicable under this Agreement shall be adjusted effective as
of July 1 in each of the years 2000 and every third _year thereafter (I) in the case of
each of the service categories set forth in Exhibit "C" attached to this Agreement, not
to exceed ninety-five percent (95%) of the average of the most current rates for such
service category charged in the jurisdictions set forth in Exhibit "D", and (ii) in the
case of every other service category not set forth on Exhibit "C", to equal an amount
reasonably arrived at by extrapolating from the new rates determined in accordance
with Sect10n 6.4(I) above. Tfie most current rate charged in each jurisdiction listed
in Exhibit "D" for a service category listed in Exhibit "C" shall mean the rate that
applies as of the date Scavenger Company files the Notice of Intention described in
5ection 6.4(a), below, and sllall be based on the actual published rate for a period
including such date. The average of the most current rates for a particular service
category listed on Exhibit "C'' sfiall be determined by adding all the most current rates
for such service category, and dividing by the number of junsdictions set forth in
Exhibit "D". The procedure for rate aojustments under this Section 6.4 shall be as
follows.
(a) Not later than March 31st of each year that is subject to a rate
adjustment under this Section 6.4, Scavenger Company shall file with City a written
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Notice of Intention to adjust, effective as of July 1st of the same year, each of the
then current maximum service rates in accordance with Section 6.4 above.
( 1) An example of such calculation for an Exhibit "C" service
category and for a related service category not listed in Exhibit "C' is as follows: if
the total of the most current rates in the applicable jurisdictions, which number
thirty-two (32), for weekly 2-yard commercial front end loader service per month as
of March 31, 2000 were $4,480, Scavenger Company's Notice of Intention for July 1,
2000 would specify $133 [$4,480 dividea by 32 multiplied by .95] as the new
maximum rate for such service category, and could specify $266 for weekly 4-yard
commercial front end loader service per month.
(b) Within thirty (30) days of the filing of the Notice of Intention, the
City Manager shall review the Notice of Intention, and either confirm that the
proposed maximum rates conform with Section 6.4 above, or meet with Scavenger
Company to establish by mutual agreement with Scavenger Company any necessary
changes to the proposed maximum rates to make such confirmation.
( c ) The City Manager shall immediately inform the City Council in
writing of the new maximum rates determined in accordance with this Section 6.4
and, not later than June 30th of the year of the Notice of Intention, the City Council
shall act upon the new maximum rates as appropriate, with any new maximum rates
to become effective on July 1st of the same year.
(d) From time to time during the term of the franchise, but at least
every seven (7) years after the beginning of such term, City and Scavenger Company
shall meet to review the list of jurisdictions set forth in Exhibit 11 0" for tbe purpose of
assuring that the services and rate structures in such jurisdictions are comparable to
those of Scavenger Company in City. Such comparison shall take into account such
factors as each party reasonably believes to be relevant, including those set forth in
Exhibit "E" attached to this Agreement. Any change to the jurisdictions set forth in
Exhibit "011 shall require the consent of eacn party, which consent shall not be
unreasonably withheld.
7. Provisions Applicable to Equipment and Personnel.
7.1 Scavenger Company shall use in connection with transportation of solid
waste modern motor dump trucl<s with water tight bodies, sufficient in number and
capacity to efficiently perform the work requirea by the Agreement. Scavenger
Company shall keep tne outside of the trucl< bodies free from dirt and filth, and shall
clean the inside of the trucks in a sanitary manner on a regular basis. Suitable
measures shall be taken to prevent refuse from falling into public streets or places.
Scavenger Company shall I<eep all trucks freshly painted in a uniform manner, and
the firm name, telephone number, and truck number of each truck shall appear on
each side thereof in a conspicuous manner. Scavenger Company shall keep all trucks
in good maintenance and repair, re~larly inspect same, and keep accurate records of
all vehicle maintenance. Scavenger Company shall also be responsible for causing
Blue Line Transfer, Inc. to maintain all of its equipment and vehicles in safe and
sanitary condition in accordance with the standaras set forth for Scavenger
Company's vehicles in this Section 7 .1.
7 .2 Scavenger Company shall not litter premises in the process of making
collections nor allow refuse to blow or fall from any vehicle used for collections.
Scavenger Company shall clean-up any and all spills, including oil and debris on the
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streets, resulting from its operations. Should Scavenger Company fail to promptly
clean up such spills resulting from its operations after notice from City, Scavenger
Company shall be liable to City for all reasonable costs incurred by City in doing so.
7 .3 Scavenger Company shall provide suitable operational and safety
training for all of its employees who utilize or operate venicles or equipment for
collection of solid waste or who are otherwise directly involved in sucl:i collection.
Scavenger Company shall use its best efforts to assure that all emplo:xees present a
neat appearance, conduct themselves in a courteous manner, and perform the work as
quietly as possible. Scavenger Company shall also designate one or more qualified
employees as supervisors of field operations, who will devote a substantial portion of
their ume in the field checking on collection operations, including responding to
complaints.
8. Records. Reports and Audited Statements.
8.1 Scavenger Company shall keep and maintain accurate books and records
clearly showing its revenues and expenses in connection with the operations provided
for in this Agreement.
8.2 Each fiscal year of Scavenger Company, commencing with fiscal year
1997-98, Scavenger Company shall provide City, within ninety (90) days of
Scavenger Company's fiscal year-end, a cop:x of its annual audited financial
statements and management letter for that fiscal year, provided the City Manager
may grant an extension of thirty (30) days. Such financial statements shall include a
suppfemental combining schedule showing Scavenger Company's results of operations
by franchise area, including the specific revenues and expenses in connection with the
operations provided for in this Agreement and others included in such
financial statements. The financial statements and supplemental schedule shall be
prepared in accordance with generally accepted accounting principles (GMP) and
audited, in accordance with g_enerally accepted auditing standards (GAAS), by a
certified public accountant (CPA) licensed (in good standing) to practice public
accounting in the State of California as determined by the State of California
Department of Consumer Affairs Board of Accountancy. The CPA's opinion on
Scavenger Company's annual financial statements and supplemental schedule shall be
unquahfied, except as to uncertainties for which the ultimate outcome cannot be
determined by the date of the CPA's opinion.
Scavenger Company shall, in its agreement with the CPA performing its annual
audit referred to above, have its CPA make available to City (or City's designated
representative) such CPA's working papers related to the audit.
Scavenger Company shall make available to City such of its additional records,
information or reports, as requested by City from time-to-time upon reasonable
notice by City.
8.3 Scavenger Company a~ees that the records of any and all related party
entities including but not limited to Blue Line Transfer, Inc. but excluding Royal
Salvage Company shall be made available to City (or City's desig!_lated representative)
so long as the related party entity does business with Scavenger Company and, in
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general, is associated with the removal and disposal of solid waste or recyclable
materials. As part of the annual audit requirement described in Section 8.2,
Scavenger Compan~ shall provide City, within ninety (90) days of Blue Line
Transfer, Inc.'s fiscal year-end, a copy of Blue Line Transfer, Inc.'s annual audited
financial statements and management letter for that fiscal year, provided the City
Manager may grant an extension of thirty (30) days. The financial statements shall
be prepared m accordance with GAAP and audited, in accordance with GMS, by a
certified public accountant (CPA) licensed in the State of California as determined by
the State of California Department of Consumer Affairs Board of Accountancy. The
CPA's opinion on Blue Line Transfer, Inc.'s annual financial statements shall be
unqualified, except as to uncertainties for which the ultimate outcome cannot be
determined by the date of the CP A's opinion.
Blue Line Transfer, Inc. shall, in its agreement with the CPA performing its
annual audit referred to above, have its CPA make available to City (or City's
designated representative) such CPA's working papers related to the audit.
For purposes of this Section 8.3, "related party entity" shall mean any entity
the majority of which is owned or effectively controlled by one or more of the present
and former shareholders, directors, officers or senior management employees of
Scavenger Company or their families.
8.4 Every three (3) months during the period from the commencement of
the franchise through the date which applies for purposes of measuring compliance
with the diversion requirements of AB ~39, Scavenger Company shall supply City
with a written report setting forth Scavenger Company's best estimate of tne
diversion rate as of the end of the most recent month. Scavenger Company shall also
supply Cit)'.: with such related information as City may reasonably request and as
Scavenger Company possesses concerning such estimate.
9. Hold Harmless and Insurance.
9.1 Scavenger Company shall indemnify and hold harmless City, its
Council, boards, commissions, officers, agents, representatives and employees from
any and all actions, claims or damages brought for or on account of in1uries to or
death of any person or damage to property resulting from or arising out of the
operations o1Scavenger Company, its officers, agents, employees or servants pursuant
to this Agreement. The duty of Scavenger Company to indemnify and hold narmless
shall include the duty to defend as set rorth in California Civil Code Section 2778.
9.2 Scavenger Company shall have in effect during the term of the
franchise, workers' compensation and employer liability insurance providing full
statutory coverage. In signing this Agreement, Scavenger Company makes the
following certification required by Section 1861 of the California Labor Code.
"I am aware of the provisions of Section 3 700 of the California Labor Code
which require every employer to be insured against liability of workers' compensation
or to undertake self-insurance in accordance with the provisions of the code, and I
will comply with such provisions before commencing fue performance of the work of
this Agreement."
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9.3 Scavenger Company shall take out and maintain during the term of the
franchise liability insurance for the following types and minimum amounts:
(a) General liability, including comprehensive form, premises
operations, products/completed operations,nazard, contractual insurance, broad form
property damage, independent contractors and personal liability, with limits for
bodily and property damage combined of $500,000 each occurrence and $500,000
aggregate.
(b) Automobile liability, including comprehensive form, owned, hired
and non-owned, with a limit of $1,000,000 for bodily injury and property damage
combined.
(c) Excess liabili~. umbrella form, with a limit for bodily injury and
property damage combined of $5,000,000 each occurrence and $5,000,000 aggre_gate.
Insurance certificates evidencing the required coverage shall be filed witfi City
and shall be subject to approval by the City Attorney. City, its City Council, boards,
commissions, officers, agents and employees shall be named as additional insureds on
any such policies of insurance which shall also contain a provision that the insurance
afforded tnereby shall be primary. No such policy shall 5e canceled or modified
except upon thirty (30) days' prior written notice to City.
10. Franchise Termination.
10.1 In the event Scavenger Company defaults in the performance of any of
the duties to be performed by it under the tem1s of this Agreement, City shall give
Scavenger Company written notice, either by mail orb):' personal service, setting
forth tile defauft. Scavenger Company shall correct such default within fifteen ( 15)
daxs after receipt of such notice unless the default cannot, by its nature, be cured
within said penod, in which case the cure period shall be extended for such
additional ume as is reasonably necessary to effect a cure, provided that Scavenger
Company shall commence efforts to effect a cure as soon as practicable and shall
diligently pursue the cure. If Scavenger Compan):' fails, neglects or refuses for the
applicable cure period to correct anx aefault which constitutes a material breach of
tfus A&!"eement, then City, without further notice and without suit or other
proceeaings, may cancel and annul the rights and privileges of the franchise grant.
Nothing in this section shall prohibit the parties from meeting to discuss ways to
resolve ihe issue.
10.2 Notwithstanding Section I 0.1, above, the sole remedy for Scavenger
Company's failure to divert the percentage of the City's solid waste, and/or perform
such other actions, as necessary to achieve compliance with the requirements of AB
939 as it may be amended from time to time, shall be as set forth in this Section
10.2. Provided that all the conditions to Scavenger Company's AB 939 compliance
obligation set forth in Section 5.13(b), above, sfiall have been satisfied, and City shall
have suffered material harm as the result of such failure by Scavenger Company to
achieve compliance, Scavenger Company's ability to exercise its option to extend the
term of this Agreement for an additional ten ( 10) years, under Section 3.2, shall be
subject to approval by City, and such circumstances shall constitute the sole
permissible ground for City to deny a requested extension of this Agreement under
this Section I 0.2.
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l 0.3 In the event of termination of this Agreement for default by Scavenger
Company as above specified, City shall have the nght forthwith to grant a franchise
to another scavenger service or to take possession of trucks and other equipment of
Scavenger Company used to perform work under this Agreement. City shall have the
right to retain possession of the trucks and equipment until other suitable trucks and
equipment can be purchased or otherwise acquired by City for the purpose and City
shalf pay Scavenger Company the reasonable rental value of such trucks and
equipment, and I<e~p them in good maintenance and repair, during the time the same
are used by City. City shall also have access to Scavenger Company's records for the
purpose of billing service accounts during the period City is i:>rovidmg the services
aescribed in this Agreement, and shall retain all fees collectea for such services.
10.4 In the event of any dispute arising between the parties under this
A~eement, the parties shall first suomit such dispute to non-binding mediation
before a recognized mediator having experience with contracts like the Agreement
and that is mutually acceptable to tbe parties, provided that neither party shall
unreasonably withliold its acceptance. If the parties are unable, after a period of
thirty (30) days, to agree on a mediator, either party shall be entitled to petition a
court of competent jurisdiction to appoint such a mediator for the parties. Each
party shall bear its own costs, including attorney's fees, incurred in connection with
the mediation. If the mediation does not result in a resolution of the dispute that is
acceptable to both parties, either party may institute litigation. The prevailing party
in such litigation snail be entitled to recover from the otfier party its reasonable
attorney's fees, costs and necessary disbursements, including expert witness fees,
incurred in such litigation.
l 0.5 If Scavenger Company shall at any time during the term of this
Agreement or any extension thereof, become insolvent, or if proceedings in
bankruptcy shall be instituted by or against Scavenger Company, or ifScavenger
Company shall be adjudged bankrupt or insolvent oy any Court, or if a receiver or
trustee in bankruptcy or a receiver of any property by Scavenger Company shall be
appointed in any suit or proceeding brought oy or against the Scavenger Company, or
if Scavenger Company shall make an assignment for the benefit of creditors, then and
in each and every such case, and provided that such proceedings, adjudication,
appointment or assignment, as the case max be, continue in effect for ninety (90)
days without being vacated, removed or withdrawn, this Agreement shall immediately
cease and come to an end, and the rights and privileges granted shall immediately be
canceled and annulled without notice or action reqmred on behalf of City.
l 0.6 Notwithstanding any other provision herein, no default, delay or failure
to perform on the I?art of either party shall be considered a breach hereunder if such
default, delay or fatlure to perform is due to causes beyond such party's control,
including, but not limited to, riots, civil disturbances, actions or inactions of
governmental authorities, epidemic, war, embargoes, severe weather, fire, earthguake,
acts of God, defaults by the other party, or defaults by carriers. In the event of any
such default, delay or failure to perform, any dates or times by which the affected
party otherwise is scheduled to perform shall be extended for a period of time equal
m duration to the additional time required because of the excused default, delay or
failure to perform.
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11. Ac;signment.
I I . I Scavenger Company shall not assign this Agreement, or any interest
therein, without the written consent of the City Council. City may review the
competency and financial integ!1ty of the proposed assignee. A consent to one
assignment shall not be deemea to be a consent to any subsequent assignment. Any
assignment without such consent and approv~l shall oe void and shall at the option
of City, terminate this Agreement.
City shall be notified of any stock transaction in which an existing stockholder
transfers, sells or otherwise relinquishes majority interest in his or her stock in
Scavenger Company.
Any stock transaction involving transfer, sale or exchange of stock which
results in a change in majority controI of Scavenger Company shall be subject to City
review and approval.
I2. Waiver.
I2. I The waiver by either party of any breach or violation of any term or
condition of this Agreement or of any provision of law by the other party, shall not
be deemed to be a waiver of the tem1, condition or provision of law, or of any
subsequent breach or violation of the same or any other term, condition or provision
of law. The acceptance by City of anx franchise fee or other fee or other monies
which may become due hereunder to City shall not be deemed to be a waiver of any
preceding breach or violation by Scavenger Company.
I3. Administration.
I3.I The administration and enforcement of this Agreement shall be the
responsibility of the City Manager or a designated representative of that office. This
section is not intended to indicate or suggest the City Manager has the authority to
grant, amend, or revoke the franchise.
13.5 Termination of Blue Line Transfer Station
Within one year of commencement of operation of a new facility designed to
handle waste transfer and AB 939 diversion requirements, including but not limited
to a materials recovery facility or compliance with applicable divers10n requirements
of AB 939 through actions other than construction of a new facility, whichever occurs
first, Blue Line Transfer Incorporated shall terminate operation of the transfer station
it operates on Oyster Point Boulevard in South San Francisco.
14. Independent Contractor.
I 4.1 Scavenger Company, its employees and agents, are independent
contractors and not employees or agents of City.
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15. Notices.
15 .1 All notices required hereunder shall be in writing and shall be delivered
in person or transmitted by the United States Postal Service, certified mail, postage
prepaid, and addressed as follows:
CITY:
SCAVENGER COMPANY:
City Manager
City Hall
P.O. Box 711
South San Francisco, CA 94083
President
South San Francisco Scavenger Co.
P.O. Box 348
South San Francisco, CA 94080
or to such other person or address as may be specified from time to time in writing by
either party. EaCh such notice shall be deemed effective upon receipt or, if mailecf as
aforesaid, three (3) days after so mailed.
16. Amendments.
16.1 This Agreement may be amended from time to time only by
written agreement between the parties signed by an authorized representative of each
party.
1 7. Successors and Assigns.
17.1 This Agreement shall be binding upon, and shall inure to the benefit of,
each of the permittea successors and assigns of the parties.
18. Integration: Severability.
18.1 This Agreement, including the Exhibits hereto, constitutes the entire
agreement of the parties with respect to the subject matter hereof and supersedes all
prior or contemporaneous agreements between the parties, whether written or oral,
relating to such subject matter. If a court finds any provision of this Agreement
invalicf or unenforceable as applied to any circumstance, the remainder of this
Agreement and the apRlication of such provision to other persons or circumstances
sliall remain in effect. The parties .furtner agree to replace such void or unenforceable
provision with a valid and enforceable provision whicb will achieve, to the extent
possible, the economic, business and other purposes of the void or unenforceable
provision.
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IN WITNESS WHEREOF, the parties have executed th is Agreement.
ATTES T :
SOUTH SAN FRANCISCO SCAVENGER COMPANY, INC.
~ ( -----, /
By 01 " 7 0c-)?'~e::__-
,
CITY OF SOUTH S~p
By:~ cttyManager
c~a~
APPROVED AS TO FORM:
S !:eu..an T ~ /~
City Attorney 7
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SCHEDULE 1
SINGLE-UNIT RESIDENTIAL RECYCLING CONTAINERS
Scavenger Company shall provide to each residential unit, a set of three (3)
recycling containers, specially made of rigid plastic construction for stacking into each
otner, to assist residents in participating m the recycling program.
One container is used to store glass; one container is used to store newspapers;
and the third container is used to store metal food and beverage containers as well as
PET plastic beverage containers.
Each container shall be respectively identified with contrasting lettering
appropriately denoting: "glass", "newspapers", and "cans".
The distribution of the recycling containers shall be the responsibility of
Scavenger Company, and the ownership of the recycling containers shall remain in
Scavenger Company. Similar alternative containers may be provided upon mutual
agreement between City and Scavenger Company.
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EXHIBIT A
DIVERSION PROGRAM
YEAR 2000 DIVERSION PROGRAM
In 1989, the California State Legislature passed Assembly Bill 939 which
mandates that all cities and counties in the state divert 25% of their waste by 1995,
and 50% by the year 2000. In 1990, when an initial survey was conducted, South
San Francisco had a diversion rate of 11 %. Through a variety of new pro~ams,
however, the City of South San Francisco has surpassed the 1995 goaf, with a
diversion rate of 25.31 %. Although this is an important achievement, the City must
continue to be aggressive in its diversion efforts in order to reach the goal of 50%.
New programs Will need to be implemented to reach 50%, and existing programs will
need to be expanded aggressively. These new programs will take additionaf resources,
yet they are important in order to reach the state mandated goals.
Below is an overview of existing programs and possible new pro~ams that can
bring South San Francisco above the 50% aiversion rate goal. Much of the
additional diversion will need to come from the commercial industrial sector, as a
majority of the waste in the City comes from this sector. To achieve 50% will not
only require strengthening existing programs and implementation of new programs,
but also the construction of new sorting lines in order to extract additional materials
from the waste stream. Expanding education, in both the residential and
commerciaVindustrial sectors, stressing the importance of participating in the
programs is also critical, and will represent a cost effective way to increase diversion.
The tonnage that is currently hauled and disposed of by non-franchised
haulers is also extremely im£ortant. Because of the amount being disposed by these
haulers (estimated to be 22 M> of existing generated tonnage), it woulcfbe unlikely
that the 50% diversion goal could be aclueved without recovery of this tonnage. The
diversion estimates listea in the program categories below are calculated based on the
amount of material currently being nauled by South San Francisco Scavenger
Company (SSFSC) and self-haulers, without the non-franchised hauler tonnage. The
additional diversion that might be achieved as a result of recovery of the materials
currently being hauled by non-franchised haulers is considered separately in Section
7.
Since the 1990 Source Reduction and Recycling Element (SRRE) was based on
a subset of total tonnage which did not include non-franchised haulers, we made a
conservative estimate that the initial waste characterization applies to non-franchised
haulers as well, even though non-franchised hauler tonnage is disproportionately in
the commercial sector as compared to tonnage in the SRRE.
1. Yard Waste
Currently the South San Francisco Scavenger Company picks up yard waste
once per month from residential customers. There are two trucl<.s picking up material
each morning before continuing with other assignments. Because of the lack of
regular exposure to the program, residents do not utilize the service to its fullest
potential. In order to achieve maximum utilization from the yard waste program, a
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greater degree of exposure and publicity is necessary.
Currently SSFSC is diverting about 65 tons per month from the yard waste
program, which translates to 6.8 pounds per housenold per month. An informal
survey of Bay Area communities reveals that there is an average of about 40 pounds
per household per month collected from their yard waste programs. Because of the
smaller lot sizes in SSF than in some of the surrounding communities, we are using a
20 pound per household per month fi~re as a reasonaole estimate for yard waste
colfection. Usin@ this figure would result in an additional yearly diversion of
approximately 2 Yo.
Additional yard waste can also be diverted upon the completion of new sorting
lines and transfer stations in South San Francisco. As in the case with construction
and demolition debris recovery, as well as yard waste, designing a line specifically for
recovery of targeted materials can greatly increase diversion rates. The amount of
yard waste generated by the commercial/industrial sector in South San Francisco is
about four times that produced by the residential sector, and although little is
currently diverted, most of this will be captured over an improved sorting line. If
50% of the commercial/industrial yard waste (based on SRRE tonnage adjusted to
1995) is diverted, it would add approximately 2.0% to the diversion total. Because
the SRRE was done during a drought, the tonnage in the SRRE is most likely
underestimated, thus making the 50% diversion of the original SRRE a very
achievable goal.
Prior to implementation of a yard waste program, as well as any other new
services, the SSF Scavenger Company will undertal<e a public awareness campaign to
explain the program, as well as die benefits of participating in the program.
2. Construction & Demolition Debris (C&D) and Wood Waste
Presently, there is no formal program in South San Francisco to recycle C & D
debris and wood waste. The material that is currently diverted is generally from
construction companies that rent debris boxes for their waste, and the tonnage
amounts from these construction customers is relatively small. The amount of these
materials in the overall waste stream is significant, however, comprising 12. 7% of the
generated waste tonnage in South San Francisco. As a result, recovery of these
materials is essential itthe goal of 50% is to be realized.
In order to make diversion of these materials successful, resources must be
employed to educate generators about the materials, as well as to increase recovery at
the transfer station. Source separation at construction sites is an important part of
any building material diversion program. Companies that do large scale projects, as
well as those that do smaller projects such as remodeling, need to be made aware of
the importance of diverting tnese materials from the landfill, as well as the laws that
require the city to do so. Financial incentives can be very helpful, and an explanation
of the costs and benefits associated with separating materials at the job site could
help gain the participation of contractors. A tiered hauling (or disposal, for self haul)
fee may be considered for certain materials in order to increase tonnage diverted. A
separate wood waste collection program for businesses could also be considered at
least on an "on call" basis.
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It is important to work closely with the contractors in order to maximize
diversion. Site visits for large projects in order to discuss disposal options may be an
important step. As each project is different, with different quantities of materials
bemg disposea, so are the possible disposal options. A quick waste audit and training
of the crew will go a long way in maximizing diversion. Also helpful are printed
materials, such as a booKlet explaining the ortions for recycling building materials,
which has been shown to be an effective too for increasing recycling. It can also be
effective in creating a relationship with the local building industry association in
order to distribute information and to become known as a resource for the industry.
The status of the market can also be an important criteria, as low value
materials may be handled differently than high value ones. C & D recycling is
growing, however, and markets for the materials have been expanding over the last
several years, making the future promising. There has also been an increase in re-use
of building materials, as several stores exist in the Bay Area that sell previously-used
building materials.
In order to implement the above programs and maximize diversion of the
materials, a new sortmg line designed for these materials must be considered.
Recovery at Material Recovery Facilities (MRF's) has consistently proven to be an
important step in the diversion of C&D and wood debris. Althougn source
separation of all materials at job sites is not realistic, a combination of customer
education and increased recovery at the MRF can significantly increase diversion. If
40% of the material is recovered with dedicated lines as sP.ecified in the SRRE,
consistent with documented ex~erience at other MRF facilities, this will increase
diversion by approximately 3.8 M> annually.
3. Food Waste
Currently there is no fom1al program in South San Francisco to divert food
waste from the commercial sector, although commercial food waste constitutes 6% of
the waste stream (according to the SRRE). In various areas of the country there has
been increased collection and composting of food waste for the last several years.
These programs tend to concentrate on the large quantity generators, such as larger
restaurants and grocery stores. Large grocery stores tend to produce the most
compostable waste and there are different issues that need to be addressed when
composting restaurant waste, as compared to produce waste. As a result,
impf ementation of food waste programs may be facilitated by first concentrating on
produce waste, and then expanding to other organics. The issue of composting this
material will have to be discussed with the compost facility operator, but collection
and composting of these materials has been shown to be botfi economically and
technologically feasible. In order to get cooperation of the producers, a lower rate for
collection of these materials may be necessary. It is anticipated that a food waste
program would divert an additional (approximately) 1.5%.
4. Residential Recycling
The current residential curbside recycling program in South San Francisco is
comprehensive, collecting all paper, cardboard, glass, tin, aluminum, PET and HOPE
plastics. Although the material types collected are varied, there still is potential for
23
23 of 40
increased diversion through higher participation in the existing program. As paper is
a majority of the materiaf recycled, it is also an area where the most potential
diversion exists.
Participation is not the only indicator of the success of a residential program,
however. It is also important to ensure that those participating in the programs are
efficient in their recycling, and are keeping their recyclabfe material out orthe
garbage cans. Generally a cost-effective way to increase residential tonnage is
mcreased information and education. Mailings to customers, as well as presentation
to citizen and neighborhood groups can help to increase diversion.
If recovery of residential paper and cardboard eventually reached 70% (a
realistic goal) which is consistent with some estimates for potential diversion, an
additional 770 tons 4.1 % total (2.1 % additional) could be recovered.
5. Commercial Recycling
Commercial recycling is an area that has substantial potential for increased
diversion. There are several programs that could be implemented to increase
diversion.
Increase Education and Information -Similar to residential recycling, a cost
effective way to increase particiJ?ation and diversion rates in commercial recycling is
by increasing communication With customers, both by mailing educational matenals
and conductmg site visits.
Speaking to Business Groups -This is often an efficient wa~ to meet with
many businesses leaders and owners at one time. Workshops can be held for
businesses to help with waste management.
Target Largest Producers -There are often a few large commercial customers
that produce a significant portion of the waste stream. Inspection of these
generators, as well as site visits (in order to conduct waste audits) can help to increase
recycling.
Small Business "Strip" ReITTcling -It is often cost effective to identify areas
with large concentrations of smalbusinesses that can cooperatively participate in
recycling programs. This may also require site visits.
Award a Yearly "Recycler of the Year" -This can help to increase awareness
and participation.
Recyclable paper and cardboard from the commerciaVindustrial sector is 15.5%
of the generated waste, in which recyclable glass is 1.2% and metals are 5.0%. If 50%
of the recoverable ceaper, metals, and glass are recycled, 11.14 tons will be diverted
(an additional 7 .1 ffi). If commercial recycling programs fail to demonstrate such a
Rerformance it is very unlikely that diversion goals could be reached, and as a result,
this should be considered a critical area.
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24 of 40
6. New Sorting Lines
New sorting lines with better designs and increased capacity can achieve
additional diversion beyond yard waste and C & D, many additional materials can be
recovered from the waste stream with sorting lines that have increased capacity and
sorting ability. The ability of having flexibility in sorting is a major reason that many
of the programs listed above can succeed. There are other matenals, not included
above, that may be able to be recovered from the waste stream as a result of increased
sorting capabihtv. A reasonable estimate of increased diversion beyond the programs
listed above is 3%.
7. Increased Recycling Due to Tonnage Recovered from Non-Franchised Haulers
As mentioned above, haulers servicing customers in South San Francisco
contrary to the franchise are disposing of a significant portion of the waste in the
City, and it is felt that there are materials being landfilled that could be recycled if
they were collected through the franchised hauler. Recovery of this material is an
important part of increasing diversion in the City. If SSFSC was hauling this
material per the franchise agreement, there would be increased tonnages in all of the
above programs, and thus increased diversion. Some of this material would likely
end up in source separated recycling programs, while other material would go to the
transfer station, witb an additional opportunity for recovery. We believe ti.fat an
additional 5% of the waste stream could be diverted from the landfill through the
recovery of this tonnage.
8. Increased Educational and Outreach Efforts
Although increased education and outreach is not a separate diversion category
for the purposes of this study, it is an essential part of all diversion efforts. As a
result, oelow is a summation of the education and outreach efforts suggested for the
above programs, as well as additional educational outreach.
Yard Waste -Mailings to customers explaining the benefits of the program, as
well as newspaper articles and other media.
Food Waste -Public education targeted at large restaurants, supermarkets, and
produce stores may help to maximize participation in the program.
Construction and Demolition Debris -On site visits to construction projects in
order to educate the crew on material separation can be beneficial. Printed materials
reviewing disposal options have been shown to be successful. Meeting with industry
groups to educate th.em on the benefits of recycling can also be useful.
Residential Re{bclin/i: -Mailings to customers, as well as newspaper articles and
media advertising can e e ective methods. An audit of participation m the
programs can allow educational efforts to be more directed, ancf henceforth more
cost-effective.
Commercial Recycling -Speaking with staff of large commercial customers in
order to educate them about programs and the benefits of recycling can help to
25
25 of 40
increase participation and diversion. Building relationships with business groups is a
cost effective method to get educational information to customers and can also be
useful.
School Programs -Sponsoring special events and/or curriculum, for primary
and secondary scnools can be an eftecuve educational tool, as well as field trips to the
transfer station/MRF facility.
Conclusion
In summary, we've discussed an overview of existing pro~ams and possible
new programs that can bring South San Francisco above tfie 50 *> diversion rate goal.
As presented, additional diversion must come from the commerciaVindustrial sector,
as a majority of the waste in the City comes from this sector. We have the ability to
reach 50%, but it will require strengthening existing programs and the
implementation of new programs. It will also necessitate the construction of new
sorting lines in order to extract additional materials from the waste stream. A crucial
factor is the expansion of education in both the residential and commercial/industrial
sectors regarding the importance of participating in recycling programs. With the
assistance of the City, tnere is the af>ility to comply with AH 939 and meet the
mandated diversion goals.
26
26 of 40
EXHIBIT B
MAXIMUM SERVICE RATES
Effective November 1, 1 997
1. Residential Can Service (Per Month) -includes curbside recycling
A. Service Level by Container Volume
20 Gallons (Senior Citizen)
30 Gallons
32 Gallons
64 Gallons
96 Gallons
128 Gallons or more
$ 11.28
13.22
14.10
31.02
48.65
67.68
2. Commercial and Institutional Can Service (Per Month) -no
charge for source separated recyclable materials
30 Gallons
32 Gallons
40 Gallons
45 Gallons
55 Gallon Drum
$ 14.36
15.31
19.14
21.53
26.32
3. Commercial and Institutional Compactor Service
Per Cubic Yard $ 28.81
4. Debris Box Service, Residential and Commercial and
Institutional
Temporary I One Time Use
5 Yard Mini-Box
7 Yard
14 Yard
20 yard
30 Yard
$ 106.87
233.52
233.52
317.95
458.67
Rental Charge (per day, over 3 days for 5 Yard and
over 7 days for others) $ 8. 79
Permanent Commercial Use
7 Yard
14 Yard
20 Yard
30 Yard
Overweight Charge
$
Content Weight in excess
of 3 tons, per ton $
27
197.01
197.01
281.44
422.16
55.02
27 of 40
5. Commercial and Institutional Bin Service -no charge for
source separated recyclable materials
A. Regular Pick-Up (Per Month)
1 -Yard Container $
2 -Yard (Front End Loader Bin)
3 -Yard (Front End Loader Bin)
4 -Yard (Front End Loader Bin)
5 -Yard (Front End Loader Bin)
6 -Yard (Front End Loader Bin)
B. On Call Pick-Up, Per Yard
Per Pick-Up, Per yard $
Plus Container Rental Per Month
Rental Charges:
1 Yara Container
2 Yard Container
3 Yard Container
4 Yard Container
5 Yard Container
6 Yard Container
28
85.46
128.14
192.22
256.29
320.37
384.43
14.79
$ 22.38
24.29
26.08
27.99
31.70
33.62
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EXHIBITC
SERVICE CATEGORIES TO BE BENCHMARKED
Residential Can Service:
20 Gallons (Senior Citizen)
32 Gallons
Commercial and Institutional Can Service:
32 Gallons
Commercial and Institutional Compactor Service:
Per Cubic Yard
Debris Box Service:
14 Yard
Commercial and Institutional Bin Service-Regular Pick-Up:
2 -Yard (Front End Loader Bin)
29
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Alameda
Burlingame
Campoell
Castro Valley
Cupertino
Daly City
El Cerrito
El Sobrante
Fremont
Gilroy
Hayward
Hercules
Los Altos
Los Gatos
Martinez
Menlo Park
Millbrae
Monte Sereno
Morgan Hill
Palo Alto
Piedmont
Pinole
Pittsburg
Richmond
San Bruno
San Leandro
San Mateo
San Pablo
Saratoga
Sunnyvale
Union City
Woodside
EXHIBITD
BENCHMARIGNG JURISDICTIONS
30
30 of 40
EXHIBIT E
NON-EXCLUSIVE FACTORS AFFECTING CHOICE OF JURISDICTIONS
Container size
Franchise fees
Disposal fees
Haul distance to the disposal site
Billin!!/Collection
Francnise exclusivity
Level of service provided (e.g., materials collected)
Frequency of collection
Location of containers
Provision of containers
Recycling program -frequency and commodities
Recycling programs -separate rates or charges
Topograpfiy and geography
Nature of streets ancf ease of access
Potential for commercial subsidy
Demographic information
Revenue mfom1ation
J:\WPD\MODEM\FRAGSF.JNK
31
31 of 40
AMEl\lDMENT TO THE AGREEMENT FOR THE COLLECTION Al'\JD DISPOSAL OF
WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
This Al11endment , dated 5/;l~. 2001, is made by and between the City of South San
Franc isco ("City"), a municipal corpo ration , and South San Francisco Scav enge r Co ., Inc., a
C al iforni a corporation ("Scavenger Company"), with reference to the followin g:
WHEREAS , Scavenger Company operates a franchise within the City for the co ll ection
o f waste and disposal and recycl in g of same pursuant to th at ce rt a in Agreement For Th e
C ollection And Disposal Of Sol id Waste Matter In Th e City Of South San Francisco dated
<oj.;.5 , 1997 ; and ,
WHEREAS , City and Scavenger wish to amend the Agreement to allow g reater
n exibility in conducting the annual c lean up required under the Agreement;
NOW, THEREFORE , the parties agree as follows:
I. Section 5.10 of the Ag reement is deleted in its enti rety and the following language is to
be inserted as the new section 5.10 and is effective as of the date of this Amendment:
"Citywide Cle an-Up: Scavenger Company shall sch edu le up to two (2) special pick-ups
per calendar year, at no cost to the resident or City, for each resident of the City of South
San Francisco. A resident may call and schedu le a special pick-up at any time during the
course of the ca lendar year on the resident's regular service clay of the week and
Scavenger Company sha l I arra nge for service at the co nvenience of th e resident.
Scavenger sha ll accept a ll nature of solid waste, excep t hazardous waste and hou se hold
hazardous waste . The on ly limitation upon receiving service from Scavenger Company
is residents requ esting this service must adhere to the published re gu lations regarding
materia l amounts for each pick-up scheduled. The twice annua l collections shall be made
each year throu g hout th e term of this franchi se in accordance w ith practices and
procedures establi s hed by Scavenger Company, and approved by the City Manager."
2. All other tem1s and conditions of the Agreement shall remain in full force and effect.
lN WITNESS WHEREOF, the parties have executed this Amendment.
SOUTH SAN FRANCISCO SCAVENGER
CO., TNC.
B y ~litedb~
ATTEST:
CITY OF SOUTH SAN FRANCISCO
By Mi~:!(.~n~nagcr
APPROVED AS TO FORM
J :\ \:VP D\Mnrsw\4 0 5\00 I \AG R EE\200 IV anuary\sca vengcr _amc nd_O I 17 .doc
32 of 40
SECOND AMEND1\.1ENT TO THE AGREE1\.1ENT FOR THE COLLECTION AND
DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
This Second Amendment (the "Amendment"), dated May 9, 2002, is made by and
between the City of South San Francisco, a municipal corporation ("City"), and South San
Francisco Scavenger Co., Inc., a California corporation ("Scavenger Company"), with reference
to the following:
WHEREAS, Scavenger Company operates a franchise within City for the collection of
waste and disposal and recycling of same pursuant to that certain Agreement For The Collection
And Disposal Of Solid Waste Matter In The City Of South San Francisco dated July 9, 1997, as
previously amended by that certain Amendment dated May 25, 2001 (the "Agreement"); and
WHEREAS, Scavenger Company has, since July 1, 2001, been collecting and disposing
of City-generated sewage sludge for a fee; and
WHEREAS, City and Scavenger Company wish to amend the Agreement to provide for
Scavenger Company's collection and disposal of City-generated sewage sludge on the terms
herein;
NOW, THEREFORE, the parties agree as follows:
1. Section 5.9 of the Agreement is amended, effective as of the date of this
Amendment, to insert a new subsection (a) at the end thereof, as follows:
"(a) Sewage Sludge: Throughout the term of this Agreement, Scavenger
Company shall have the right to, and shall, collect and dispose of all sewage sludge generated at
treatment facilities owned by, or operated by or for, City ("Sludge") in accordance with the terms
of this Section 5.9(a). Scavenger Company's right to collect Sludge shall be exclusive, subject to
the following exceptions: (i) City may dispose of Sludge which constitutes recyclable materials
within the meaning of Section 2.11 above in accordance with any of the exceptions to Scavenger
Company's exclusive franchise hereunder set forth in Section 1.3 above; and (ii) City may
dispose of Sludge which constitutes hazardous waste within the meaning of Section 2.7 above as
City desires and Scavenger Company may refuse to collect such Sludge.
(1) Scavenger Company shall collect Sludge on a schedule that is
sufficient in frequency and volume to maintain the efficient operation of the applicable treatment
facilities; provided, however, that City shall be solely responsible for designing, constructing and
maintaining equipment at such facilities adequate to permit Scavenger Company to meet such
collection responsibilities. Scavenger Company may dispose of Sludge collected by it as waste
or recycle same in any lawful manner. Scavenger Company may assign its collection and
disposal or recycling obligations hereunder to one or more subcontractors so long as each
subcontractor complies with Sections 7, 8.1 and 9 below.
(2) City shall pay Scavenger Company $38.05 for each wet ton of
Sludge collected and disposed of hereunder (the ''Tonnage Rate"). The Tonnage Rate shall be
subject to increase as of July 1 each year during the term of this Agreement (commencing with
July l, 2002) in accordance with Section 6.2 below, and shall also be subject to adjustment in
33 of 40
accordance with Section 6.3 below. Scavenger Company shall bill City monthly for its services
in collecting and disposing of Sludge. Each bill s hall be accompanied by a statement setting
fo 11h the number of tons of Sludge collected by Scavenger Company for the previous calendar
month. City shall pay the amount billed with in thirty (30) days after receipt. None of the
amounts paid by City to Scavenger Company pursuant to this Section 5.9(a) shall be s u bject to
the franchise fees described in Section 4 above .
(3) To the extent Scavenger Company uses Sludge for land
application , City shall provide Scavenger Company with such pe riodic certifications as to the
content of Sludge and the levels of pathogen and vector attraction reduction achi eved as are
reasonably necessary to permit compliance with 40 C.F.R. 503.
(4) In the event of any conflict between thi s Section 5.9(a) and any
other provis ion in thi s Ag reement, thi s Section 5.9(a) shall prevail."
2 . All other tenns and conditions of the Agreement shall remain in full force and
effect.
1N WITNESS WHEREOF, che parties have executed this Amendment.
SOUTH SAN FRANCISCO SCAVENGER
CO., lNC.
By ~/ ~ lYltw,,ib\,__
ATTEST:
mp;~
CITY OF SOUTH SAN FRANCISCO
STOFORM
2 34 of 40
TIIlRD AMENDMENT TO THE AGREEMENT
FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATTER
IN THE CITY OF SOUTH SAN FRANCISCO
This Third Amendment to the Agreement for the Collection and Disp
Waste Matter in the City of South San Francisco made and entered into as of_,__......,..--~
__ , 2003 by and between the City of South San Francisco, a municipal c
(hereinafter "City"), and South San Francisco Scavenger Company, Inc.
corporation (hereinafter "Scavenger Company"), bears the following recitals:
A. On July 9, 1997, the parties entered into an Agreement for the Collection
and Disposal of Solid Waste Matter in the City of South San Francisco.
B. The parties now desire to amend the Agreement as hereinafter provided.
NOW, THEREFORE, the parties hereto agree as follows:
Section 4.1 of the Agreement is amended to state as follows in its entirety and the
following language is to be inserted as Section 4.1 and is effective as of the date of this
Amendment:
4.1 "Franchise Fee: On or before the twentieth (20th) day of each month during the
term of this franchise, Scavenger Company shall remit to City a sum of money
equal to ten percent (10%) of the gross revenues collected by Scavenger Company
from customers within the City limits during the preceding calendar month as a
franchise fee. If the franchise fee is not paid on or before the twentieth (20th) day
of any month, a late payment fee in an amount equal to eighty-three one
hundredths of a percent (0.83%) of the amount owing per month will be charged
for each thirty (30) day period the franchise fee remains unpaid."
Section 5.9 of the Agreement is amended to state as follows in its entirety and the
following language is to be inserted as Section 5.9 and is effective as of the date of this
Amendment:
5.9 "Pick Up at City Facilities: Scavenger Company shall remove, without charge, all
solid waste generated at all City facilities (of the nature and in the amounts
collected as of the commencement of this franchise agreement) at least once per
week, but Scavenger Company may charge all other public agencies for services
rendered at the same rates and on the same basis as private firms or individuals
are charged for similar services. As of July 1, 2003, Scavenger may charge the
City for removal of solid waste generated by the City's Water Quality Control
Plant in accordance with rates, terms and conditions charged to other public
agencies or other comparable rate categories operating within the City of South
Solid Waste Collection and Disposal Amendment Page I of2 35 of 40
.....
San Francisco. No other City facility will be subject to a charge for the removal
of solid waste."
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day
and year first above written.
DATED:. ____ _ BY:
ATTEST:
CITY OF SOUTH SAN
SOUTH SAN FRANCISCO
SCAVENGER COMPANY, INC.
C:\Third Amendment 10 Scave nger Agree ment -SSF.DO C
So lid Waste Collec ti o n and Dispos al Amendment Pag e 2 of2 36 of 40
Exhibit A
FOURTH AMENDMENT TO THE AGREEMENT FOR THE COLLECTION AND
DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
This Fourth Amendment dated February 13, 2013 is made by and between the City of
South San Francisco, a municipal corporation (hereinafter "City"), and South San Francisco
Scavenger Company, Inc., a California corporation (hereinafter "Scavenger Company"), and
amends that certain Agreement for the Collection and Disposal of Solid Waste in the City of
South San Francisco dated July 9, 1997 by and between the City and the Scavenger Company, as
previously amended (hereinafter the "Franchise Agreement"), with reference to the following:
WHEREAS, the current term of the Franchise Agreement ends on October 31, 2017; and
WHEREAS, there is a single optional extension provision in the Franchise Agreement
which could extend its term for an additional ten years but which has not yet been exercised; and
WHEREAS, the Scavenger Company has embarked upon a number of large capital
projects which City and Scavenger Company believe will be of benefit to the citizens of South
San Francisco and in some cases, are required by changes in state law; and
WHEREAS, the Scavenger Company will need to seek a substantial amount of financing
for those capital projects; and
WHEREAS many of those capital projects have useful lives extending for many years
beyond the current term of the Franchise Agreement even should it be extended as described
above; and
WHEREAS financing for such capital projects with principal repayment prov1s1ons
extending through a term closer to those usefol lives will keep the annual cost of financing those
projects as low as possible for the Scavenger Company and the ratepayers of the City; and
WHEREAS bank underwriting criteria generally requires that the term of any financing
for solid waste, recycling and similar projects cannot extend past the expiration of any such
exclusive franchise; and
WHEREAS the parties hereto have determined that in order to allow development of the
various capital projects described above and to assist the Scavenger Company in obtaining the
lowest possible annual cost of financing therefore and resulting beneficial effect on the City's
ratepayers, that the term of the Franchise Agreement should be extended and structured so as to
provide the Scavenger Company and its lender with the ability to finance its beneficial projects
now and in the future over periods closer to the useful lives of those projects; and
WHEREAS the parties are not changing the provisions in Section I 0 of the Franchise
Agreement with respect to rights to terminate with cause, which provide ratepayers and
customers adequate protections, even with the Franchise Agreement extension.
THEREFORE, the City and the Scavenger Company in consideration of the above and
other valuable consideration, receipt of which is hereby acknowledged do agree as follows:
37 of 40
A. Section 3 of the Franchise Agreement is hereby amended by striking it and replacing it in its
entirety with the following:
3 .1 The term of the Franchise Agreement shall be for a period of twenty (20) years,
commencing on November 1, 2012 and ending on October 31, 2032 ..
3.2 Provided that Scavenger Company is in material compliance with the terms of this
Franchise Agreement, the tenn of this Franchise Agreement shall be annually extended for one
(1) additional year on October 31, 2013, and on October 31 of each succeeding year as
determined by the City so that the remaining term of this Franchise Agreement shall be twenty
(20) years.
3.3 The annual one (1) year extension described in Section 3.2 above may be
terminated by either party in its sole discretion, without cause, by providing written notice to the
other party ("Notice of Non-Extension''). Such Notice of Non-Extension shall cause the one year
extension described in Section 3.2 to not occur. Accordingly, the term of the Franchise
Agreement shall end twenty (20) years from the date of the Notice of Non-Extension.
B. Section 4 of the Franchise Agreement is hereby an1ended by adding the following Section 4.3
to read as follows:
4.3 Beginning July l, 2013, the Scavenger Company shall remit to the City $15,000
each month as a Source Reduction and Recycling Element franchise fee ("SRRE fee"), which the
City may use for purposes related to, but not limited to, landfill monitoring, landfill remediation
and/or reducing the City's stream of solid waste within the City of South San Francisco.
(a) Each July 1 beginning on July 1, 2014, the $15,000 SRRE monthly fee will be
adjusted by an amount equal to eighty percent (80%) of the percentage increase, if any, in the
Consumer Price Index for Urban Wage Earners and Clerical Workers, as published and
maintained by the United States Bureau of Labor Statistics for the San Francisco-Oakland
Metropolitan Area ( 1982-84= 100) for the prior year, using the Index most recently published on
or before March 31st of such year and on or before the prior March 31st.
C. Section 6 of the Franchise Agreement is hereby amended by adding the following section
6.2(e) to read as follows:
(e) Concurrently with the rate review materials submitted to the City as
described in this Section, not later than March 31st, of each year that is subject to a rate
increase, the Scavenger Company shall provide the City with an updated twenty (20) year
capital master plan which outlines the Scavenger Company's capital investment needs and
any other documents reasonably necessary to keep the City Council informed of the
Scavenger Company's longer term investment plans consistent with the twenty (20) year
Franchise Agreement term.
D. Section 10 of the Franchise Agreement is hereby amended by striking Section 10.2 in its
entirety and shall read as follows:
38 of 40
10.2 Reserved.
As modified by this Fourth Amendment, the Franchise Agreement shall remain in full
force and effect in accordance with its terms.
In the event of any inconsistency between this Fourth Amendment and the Franchise
Agreement, this Fourth Amendment shall prevail..
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment effective as
of the date first set forth above.
SOUTH SAN FRANCISCO SCA VEN GER COMP ANY, INC.
By:
CITYlSF SOUTH SAN FRANCISCO
APPROVED AS TO FORM:
2046302.1
39 of 40
RESOLUTION NO. 10-2013
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, ST ATE OF CALIFORNIA
A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE
AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, on July 9, 1997) the City of South San Francisco (''City") and South San
Fra11cisco Scavenger Company, Inc., entered into an agreement for collection and disposal of
solid waste matter in the City ("Agreement"); and
WHEREAS, in 2001, 2002 and 2003, respectively, the City and South San Francisco
Scavenger have amended the Agreement; and
WHEREAS, the City and South San Francisco Scavenger now desire to further amend
the Agreement by extending the term of the Agreement to a twenty (20) year term, that
automatically extends for one (1) year every year.
NOW) THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves of the Fourth Amendment to the Agreement for
the Collection and Disposal of Solid Waste Matter in the City of South San Francisco with South
San Francisco Scavenger Company, Inc., as set forth in Exhibit A, attached hereto.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Fourth Amendment on behalf of City of South San Francisco, subject to approval
as to fonn by the City Attorney.
* * *
I hereby certify that the foregoing R 1esolution was adopted by the City Council of the City of
South San Francisco at a regular City Council meeting held on the 13 10 day of February, 20 l 3 by
the following vote:
AYES: Councilmembers Mark N. Addiego, Richard A Qarbarino, P:radeep Gupta,
Mayor Pro Tern Karyl Matsumoto, and Mayor Pedro Gonzalez
NOES: None "--'-"-=-------------·---------------
ABSTAIN: None ~---'------·
ABSENT:
40 of 40
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:19-331 Agenda Date:6/12/2019
Version:1 Item #:3a.
Resolution confirming the change in solid waste collection rates to be collected by the South San Francisco
Scavenger Company effective July 1, 2019.(Christina Crosby, Interim Director of Finance).
WHEREAS,on July 9,1997,the City Council approved a franchise agreement for collection and disposal of
solid waste with the South San Francisco Scavenger Company; and
WHEREAS,under the terms the Franchise Agreement,every third year of the agreement the solid waste rates
are adjusted based on a rate survey of cities throughout the San Francisco Bay Area,and adjusted by 80 percent
of Consumer Price Index in the intervening years; and
WHEREAS,the South San Francisco Scavenger Company submitted a timely notice of intent to adjust its rates
for solid waste and sludge hauling for Fiscal Year 2019-20; and
WHEREAS,the South San Francisco Scavenger Company’s proposed rate adjustment is consistent with the
terms of the Franchise Agreement in that it is proposed to be increased by an amount equal to eighty percent
(80%)of the percentage increase in the Consumer Price Index for Urban Wage Earners and Clencal Workers,as
published and maintained by the United States Bureau of Labor Statistics for the San Francisco-Oakland
Metropolitan Area; and
WHEREAS,City staff has reviewed and verified the data contained in the rate survey and the rate change
calculation.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby
confirm the solid waste fees charged by the South San Francisco Scavenger Company for Fiscal Year 2019-
2020 comply with the terms of the Franchise Agreement.
BE IT FURTHER RESOLVED,that the changes in the solid waste fees charged by the South San Francisco
Scavenger Company will become effective July 1, 2019.
*****
City of South San Francisco Printed on 8/14/2019Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:19-507 Agenda Date:6/12/2019
Version:1 Item #:4.
Report regarding an Ordinance repealing and replacing Title 8, Chapter 8.20 of the South San Francisco
Municipal Code relating to illegal dumping and littering.(Sarah Henricks, Management Analyst II).
RECOMMENDATION
Staff recommends that the City Council introduce an Ordinance repealing and replacing Chapter 8.20 of
the South San Francisco Municipal Code to prohibit both illegal dumping and littering on public and
private property, and waive further reading.
DISCUSSION
The City of South San Francisco (“City”)currently prohibits littering through Chapter 8.20 of the South San
Francisco Municipal Code,which was first adopted in 1962 and last amended in 1975.Chapter 8.20 is known
as the City’s “anti-littering ordinance.”However,Chapter 8.20 does not specifically address illegal dumping,
nor distinguish it from littering.Additionally,Chapter 8.20 establishes that any violation of the Chapter shall
constitute an infraction,punishable by a fine pursuant to California Government Code Section 36900.
Government Code Section 36900 identifies the applicable fine schedule for infractions as being $100 for the
first violation,$200 for the second violation,and $500 for the third and each subsequent violation within one
year of the first violation.
“Litter”is currently defined in the South San Francisco Municipal Code as “garbage,refuse and rubbish,as
defined herein,and all other waste material which,if thrown or deposited as herein prohibited,tends to create a
danger to public health,safety and welfare.”While the current definition of “litter”is broad enough to include
large and/or hazardous items of particular concern,the impacts of littering and dumping are distinguishable and
warrant separate fine structures,accordingly.Furthermore,the act of dumping often involves waste matter of a
significant size,such as furniture and appliances,and a violation of Chapter 8.20 is currently punishable as an
infraction.The corresponding fine schedule for infractions -the maximum of which is only $500 -has proven
to be an ineffective deterrent against the dumping of such items.Conversely,merely amending Chapter 8.20 to
make all current “littering”violations misdemeanors with an increased fine schedule would be over-inclusive as
to litter,as a $1,000 fine for a first violation involving the improper discard of a beverage container or some
other small consumer good, in many instances, could be excessive.
Staff recommends repealing and replacing Chapter 8.20 to include a clear distinction between littering and
dumping;appropriate fines for littering and dumping,respectively;and additional administrative and civil
remedies from which the City may choose.Specifically,the proposed ordinance would provide separate
definitions for littering and dumping.In addition,while dumping would be classified as a misdemeanor with
fines set to $1,000 per violation (as violations deemed misdemeanors are not subject to the fine schedule
identified in Government Code Section 36900),littering would be an infraction and fines would be set pursuant
to Section 36900.Furthermore,the proposed amendments would also enable the City to file a civil action
against violators,seeking the recovery of costs,civil penalties,equitable relief (e.g.an injunction),damages,
and attorneys’ fees. A summary of the significant revisions to Chapter 8.20 are as follows:
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·Expanding definitions to be more inclusive of the types of item typically found in the City (8.20.020)
·Distinguishing between illegal dumping and littering (Sections 8.20.030-040);
·Identifying illegal dumping and littering as public nuisances (Section 8.20.050);
·Classifying littering as an infraction, subject to fines on a $100/$200/$500 scale (Section 8.20.060);
·Classifying illegal dumping as a misdemeanor,subject to fines of $1,000 per violation (Section
8.20.060);
·Providing the City with the option to file a civil action against a dumping violator,by which the City
would be entitled to the cost of abatement,cost for loss of use the property,costs of investigation,
attorneys’ fees, costs of suit, treble damages, and punitive damages if applicable. (Section 8.20.080)
Other Jurisdictions
Other jurisdictions have adopted similar ordinances prohibiting dumping and littering.The County of San
Mateo has adopted an ordinance that includes prohibitions against both dumping and littering (Chapter 3.50 of
the San Mateo County Code).San Mateo County classifies illegal dumping as a misdemeanor and littering as
an infraction.Anti-dumping ordinances -varying in degree -are quite common and can be found in a number
of jurisdictions,such as the City of Oakland (Chapter 8.11 of the Oakland Municipal Code).See Attachment 1
for a comparison of other jurisdictions.
Education
Offering well-publicized,convenient options for waste disposal may lead to a decrease in illegal dumping.In
addition to amending the Illegal Dumping Ordinance to provide more clarification,increased fines for
violations and other options for recovering costs associated with illegal dumping,the City may also consider
improved education for the community.Including information on the City’s various communication channels
regarding how community members can properly dispose of discarded items and waste matter may reduce the
number of instances of illegal dumping.For example,South San Francisco Scavengers currently offers
residents of single-family homes two free on-call cleanups per calendar year.Through this service,residents
can schedule the SSF Scavengers to pick up garbage in bulk or large items such as furniture.Additional
programs,such as electronic-waste recycling,are available through the San Mateo County Office of
Sustainability.Similarly,the Blue Line Transfer Station serves as a drop-off location for bulk waste at
competitive costs and is open Monday through Saturday.
RELATIONSHIP TO STRATEGIC PLAN
Adopting the proposed ordinance supports the City’s Strategic Plan to improve Quality of Life by reducing
blight around the City.
FISCAL IMPACT
There will be no fiscal impact associated with this item.
CONCLUSION
Introduction of an Ordinance repealing and replacing Chapter 8.20 would enable the City to appropriately
distinguish between littering and dumping,as well as impose an increased fine and additional remedies against
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those violators who engage in illegal dumping.
ATTACHMENTS
Attachment 1. Illegal Dumping and Littering Prohibitions in Other Jurisdictions
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Attachment 1. Illegal Dumping and Littering Prohibitions in Other Jurisdictions
Jurisdiction Classification of
Illegal Dumping
Illegal Dumping
Fines
Classification of
Littering
Littering Fines
San Mateo County Misdemeanor $3,000 Infraction $100; $200;
$500
Oakland Misdemeanor Max $1,000/day Infraction $100; $250;
$500
Redwood City Illegal disposal of garbage is classified as a misdemeanor. The City charges the
cost of abatement, which may become a lien on the property
Daly City Municipal Code does not distinguish between illegal dumping and littering, but
littering can be cited as a misdemeanor based on City’s discretion. If determined
a misdemeanor, violation is subject to a $1,000 fine. Infractions are subject to
$100; $200; $500 fines.
Pacifica Garbage removed by City warrants the cost of removal plus 7% interest rate per
annum, which shall be billed to property owner. Failure to pay bill within 30
days will result in a lien on the property, which will remain in full force and
effect for amount due in principal and interest, plus court costs, if any, until final
payment is made. Such costs and expenses shall be subject to a delinquency
penalty of 10% in the event charges are not paid in full on or before the date the
amount due becomes a lien.
Brisbane Municipal Code does not distinguish between littering and illegal dumping.
Illegal disposal of garbage is an infraction subject to a $100; $200; or $500 fine.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:19-509 Agenda Date:6/12/2019
Version:1 Item #:4a.
Ordinance repealing and replacing Chapter 8.20 of the South San Francisco Municipal Code regarding Illegal
Disposal of Discarded Items and Waste Matter and illegal littering.
WHEREAS,the City of South San Francisco (“City”)suffers from illegally dumped waste on public and
private property throughout the City;and
WHEREAS,illegal dumping is a significant blight on the City and an environmental crime that negatively
impacts the livability of neighborhoods, discourages economic development, and reduces property values; and
WHEREAS, illegal dumping is a significant health and safety problem; and
WHEREAS,Chapter 8.16 of the South San Francisco Municipal Code sets forth the City’s regulations
regarding the proper method of disposal of waste by City residents and businesses; and
WHEREAS,despite the City’s adoption of Chapter 8.16,illegal dumping and littering continues to increase
throughout the City; and
WHEREAS,while South San Francisco Municipal Code Chapter 8.20 prohibits littering in the City,it does not
distinguish between littering and dumping; and
WHEREAS,in order to discourage illegal dumping,the City Council believes the City needs to specifically and
clearly prohibit such dumping, and in addition enhance administrative and civil penalties; and
WHEREAS,the City needs to improve its ability to recover its costs and private parties’costs to remove
illegally dumped waste.
NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows:
SECTION 1.The City Council of South San Francisco finds that all Recitals are true and correct and are
incorporated herein by this reference.
SECTION 2.Chapter 8.20 (South San Francisco anti-litter ordinance)of Title 8 (Health and Welfare)of the
City of South San Francisco Municipal Code, as presently written, is hereby repealed in its entirety.
SECTION 3.The new Chapter 8.20 (Illegal Disposal of Discarded Items and Waste Matter and Illegal
Littering)of Title 8 (Health and Welfare)of the City of South San Francisco Municipal Code is adopted,to read
as follows:
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8.20.010 Short title.
The Ordinance codified in this chapter shall be known and may be cited as the “South San Francisco
Illegal Disposal of Discarded Items and Waste Matter and Illegal Littering Ordinance.”
8.20.020 Definitions.
For the purposes of this chapter,the following terms,phrases,words and their derivations shall have the
meaning given herein.When inconsistent with the context,words used in the present tense include the future,
words used in the plural number include the singular number,and words used in the singular number include
the plural number. The word “shall” is always mandatory and not merely directory.
A.“Aircraft”means any contrivance now known or hereafter invented,used or designed for navigation or
for flight in the air. “Aircraft” includes helicopters, drones and lighter-than-air dirigibles and balloons.
B.“Authorized Receptacle”means a solid waste storage and collection receptacle as defined and required
by Section 8.16.030 of the South San Francisco Municipal Code.
C.“City” means the city of South San Francisco.
D.“Collector”means the entity that is the franchisee for solid waste collection in the City of South San
Francisco.
E.“Costs”means and includes,but is not limited to,staff costs,court costs,attorneys’fees,costs of
removal and disposal of illegally dumped Waste Matter (including the equivalent cost of disposal if the
City is not charged),costs of investigating the incident,and law enforcement costs,including,but not
limited to time and expenses of police,code enforcement,public works,city attorney,and/or other city
departments,incurred by the city in identifying and apprehending persons who cause or commit illegal
dumping in violation of this chapter.
F.“Discarded Items”refers to any large,unwanted items that are cast aside,disposed of,thrown out or
illegally dumped in a manner that is not allowed by state or local law.Discarded Items include but are
not limited to the following items:
1.Appliances,which means any large electric or gas appliance such as a stove,refrigerator,
dishwasher, microwave, laundry machine, barbeque grill, water heater, or furnace.
2.Automotive or Watercraft Parts,which means any components,constituents,elements,or
artifacts that are one of the individual parts of which an automotive vehicle or watercraft is
composed.For the purposes of this Chapter,automotive vehicles are any self-propelled
vehicle that does not operate on rails and is used for transportation of people or cargo.
Automotive vehicles include but are not limited to cars,buses,motorcycles,off-road
vehicles,trucks and heavy equipment.Watercraft are any boat,ship or vessel that travels on
water.
3.Household Furniture,which includes any sized furniture such as chairs,desks,dressers,tables,
bed frames,benches,buffets,armoires,and more;and upholstered furniture which includes
furniture covered by soft,padded textile,leather,vinyl or similar covering,such as armchairs
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furniture covered by soft,padded textile,leather,vinyl or similar covering,such as armchairs
and sofas.
4.Mattresses,which mean any sized resilient material or combination of materials that is used
alone or in combination with other products,and is intended for or promoted for sleeping
upon by individuals. This includes, crib- or infant-, child-, and adult-sized mattresses.
G.“Illegal Dumping”means the willful,intentional,or negligent depositing,disposal,dropping,dumping,
placing,or throwing of any Discarded Items or Waste Matter onto public or private property that is not
expressly designated for the purpose of disposal of Waste Matter.The disposal of Discarded Items
and/or Waste Matter on private or public property without the express permission of the property owner
shall also constitute “Illegal Dumping.”“Illegal Dumping”also includes any Discarded Items or Waste
Matter not disposed of pursuant to South San Francisco Municipal Code Chapters 8.16 and 8.28,or any
successive legislation.“Illegal Dumping”does not include “Litter”as specifically defined in this
Chapter.
H.“Handbill,”which means any printed or written matter,any sample or device,dodger,circular,leaflet,
pamphlet,paper,booklet,flyer,poster or any other printed or otherwise reproduced original or copies of
any matter of literature of a commercial or noncommercial nature.
I.“Litter,”which means small quantities of Waste Matter related to consumer goods and that are
reasonably understood to be ordinarily carried on or about the body of a living person,including,but
not limited to,beverage containers and closures,packaging,wrappers,wastepaper,newspaper,
handbills,magazines,or other similar Waste Matter that escapes or is allowed to escape from a
container, receptacle, or package; or the disposal of said items.
J.“Newspaper,”which means any newspaper of general circulation as defined by general law,any
newspaper duly entered with the Post Office Department of the United States,in accordance with
federal statute or regulation,and any newspaper filed and recorded with any recording officer as
provided by general law;and,in addition thereto,means and includes any periodical or current
magazine regularly published with not less than four issues per year, and sold to the public.
K.“Park”means a park,reservation,playground,beach,recreation center or any other public area in the
city, owned or used by the city and devoted to active or passive recreation.
L.“Person”means any person,firm,partnership,association,corporation,limited liability company,
company or organization of any kind.
M.“Private Premises”means any dwelling,house,building or other structure designated or used either
wholly or in part for private residential purposes,whether inhabited or temporarily or continuously
uninhabited or vacant,and includes any yard,grounds,walk,driveway,porch,steps,vestibule or
mailbox belonging or appurtenant to such dwelling, house, building or other structure.
N.“Public Place”means any and all streets,sidewalks,boulevards,alleys or other public ways and any and
all public parks, squares, spaces, grounds and buildings.
O.“Real Property Owner”means any person with a fee interest in a parcel of real property and any person
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who manages real property for commercial or residential rental.
P.“Trailer” means a “trailer” as defined in California Vehicle Code Section 630.
Q.“Vehicle”means a vehicle as defined in California Vehicle Code Section 670,and a motor vehicle as
defined in California Vehicle Code Section 415.
R.“Vehicle Owner”means an “owner”as defined in California Vehicle Code Section 460,but excludes a
motor vehicle dealer,bank,credit union,acceptance corporation,or other licensed financial institution
legally operating in this state or is another person who is not the registered owner and holds a security
interest in the vehicle.
S.“Violator”means any person who negligently,willfully,or intentionally causes or permits Discarded
Items or Waste Matter to be illegally dumped or improperly disposed of,including,but not limited to,
any person who gives or entrusts Waste Matter to another who illegally disposes of such Waste Matter,
and any vehicle owner whose vehicle is used to illegally dispose of Discarded Items or Waste Matter,
but who does not properly dispose of such Waste Matter.
T.“Waste Matter”means any form of tangible matter that is customarily generated in the course of a trade,
business,profession,or occupation,and is in an aggregate amount equal to or greater than one cubic
yard.Waste Matter includes,but is not limited to,any combination of the following that is in excess of
one cubic yard:
1.Construction and demolition debris,which includes any and all materials resulting from the
alteration,construction,destructions,rehabilitation or repair of any manmade physical
structure including houses,buildings,industrial or commercial facilities,and roadways.
These materials may include structural and functional materials comprising the structure and
surrounding site improvements,such as brick,concrete,stone,glass,wall coverings,drywall,
framing and finishing lumber,roofing materials,plumbing fixtures,hearing equipment,
electrical wiring and components,insulations,carpeting,asphaltic substances,metals,
railroad ties, or utility poles, among others.
2.All forms of garbage, refuse, rubbish, recyclable materials, debris, trash, and solid waste.
3.Dirt,soil,rock,decomposed rock,gravel,sand,or other aggregate material dumped or deposited
as refuse.
4.Electronic Waste,which means computers,computer monitors,televisions,audio equipment and
any other electronic equipment that is required to be specially disposed of pursuant to state
or city law,including,but not limited to a “covered electronic device”as defined in Section
42463 of the California Public Resources Code.
5.Yard waste consisting of vegetative or organic material produced from the care and maintenance
of landscaped areas,gardens and lawns.Yard waste includes but is not limited to leaves,
grass clippings,weeds,dead flowers and plants,brush,tree trunks,pruned branches and
stems, dirt, roots, wood shavings, rocks and trees.
6.All forms of liquid waste not otherwise defined in or deemed to fall within the purview of
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6.All forms of liquid waste not otherwise defined in or deemed to fall within the purview of
Section 25117 of the California Health and Safety Code,including but not limited to,water-
based or oil-based paints,chemical solutions,water contaminated with any substance
rendering it unusable for irrigation or construction,oils,fuels,and other petroleum distillates
or byproducts.
7.Any form of biological waste not otherwise designated by law as hazardous waste,including,
but not limited to,body parts,carcasses,and any associated container,enclosure,or
wrapping material used to dispose these matters.
8.A physical substance used as an ingredient in any process,now known or hereafter developed or
devised,to manufacture a controlled substance specified in Section 11054,11055,11056,
11057,or 11058 of the California Health and Safety Code,or that is a byproduct or result of
the manufacturing process of the controlled substance.
Any tangible matter that is customarily generated in the course of a trade,business,profession,or
occupation, and is in an aggregate amount less than one cubic yard shall be considered Litter.
8.20.030 Illegal Dumping Unlawful. <https://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_20-
8_20_030&frames=on>
A.It is unlawful and a violation of this code and this chapter for any person to illegally dump Discarded
Items or Waste Matter,or cause Discarded Items or Waste Matter not to be disposed of as otherwise
provided by this code or state or federal law.
B.It is unlawful to hire any person or organization to dispose of Discarded Items or Waste Matter in the
City in a manner prohibited by Chapter 8.16.
C.It is unlawful and a violation of this code for any person owning or otherwise in possession or control of
any real property within the City to permit or allow Discarded Items or Waste Matter from such property
to be illegally dumped.It shall be the sole responsibility of the property owner or person otherwise in
possession or control of any real property within the city to remedy any disposal violations.Any
violation of the provisions of this chapter shall constitute an infraction or misdemeanor dependent on the
conditions of the violation as set forth in this Chapter.
D.A violation of this chapter shall be subject to enforcement through civil action and administrative action,
encompassing all remedies referenced in this chapter and available under state and federal law.
8.20.040 Illegal Disposal of Litter Unlawful.
A.It is unlawful and a violation of this code and this chapter for any person to dispose of litter as otherwise
provided by this code or state or federal law.
B.The owner or person in control of any private property shall at all times maintain the premises free of
litter;provided,however,that this section shall not prohibit the storage of litter in Authorized
Receptacles for collection.
C.No person shall:
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1.throw or deposit litter in or upon any street,sidewalk or other public place within the city except
in public receptacles, in Authorized Receptacles for collection or in official city dumps;
2.sweep into or deposit in any gutter,street or other public place within the city the accumulation
litter from any building or lot or from any public or private sidewalk or driveway.Persons
owning or occupying property or places of business shall keep the sidewalk in front of their
premises free of litter;
3.throw or deposit litter upon any street or other public place within the city,or upon private
property, while a driver or passenger in a vehicle;
4.drive or move any truck or other vehicle within the city unless such vehicle is so constructed or
loaded as to prevent any load,contents,litter or Waste Matter from being blown or deposited
upon any street,alley or other public place.Nor shall any person drive or move any vehicle or
truck within the city,the wheels or tires of which carry onto or deposit in any street,alley or
other public place,mud,dirt,sticky substances,litter,Waste Matter or foreign matter of any
kind;
5.throw out,drop or deposit litter in any park within the city,except in public receptacles and in
such a manner that the Waste Matter will be prevented from being carried or deposited by the
elements upon any part of the park or upon any street or other public place.Where public
receptacles are not provided,all such Waste Matter shall be carried away from the park by the
person responsible for its presence and properly disposed of elsewhere as provided herein;
6.throw out,drop or deposit litter in any fountain,pond,lake,stream,bay or any other body of
water in a park or elsewhere within the city;
7.throw out, drop or deposit within the city any litter or any other object from an aircraft;
8.throw out,drop or deposit litter on any occupied private property within the city,whether owned
by such person or not,except that the owner or person in control of private property may
maintain Authorized Receptacles for collection in such a manner that Waste Matter will be
prevented from being carried or deposited by the elements upon any street,sidewalk or other
public place or upon any private property;
9.throw out,drop or deposit litter on any open or vacant private property within the city whether
owned by such person or not;
10.throw out,drop or deposit any litter in or upon any private premises which are temporarily or
continuously uninhabited or vacant;
11.throw out, drop or deposit any litter in or upon any vehicle;
i.However,it is not unlawful in a public place for a person to hand out or distribute
without charge to the receiver thereof,a noncommercial handbill to any occupant of a
vehicle who is willing to accept it.
12.throw out,drop,deposit or distribute any litter upon any private premises,if requested by
anyone thereon not to do so,or if there is placed on the premises in a conspicuous position near
the entrance thereof,a sign bearing the works :“No Trespassing,”“No Peddlers or Agents,”“No
Advertisement”or any similar notice indicating in any manner that the occupants of the
premises do not desire to be molested or have their right of privacy disturbed or to have any such
Waste Matter left upon such premises; or
13.throw, deposit or distribute any litter in or upon private premises which are inhabited;
i.However,it is not illegal to hand or transmit a handbill directly to the owner,occupant or
other person then present in or upon such private premises;however,in the case of
inhabited private premises,such person,unless requested by anyone upon such premises
not to do so,may place or despot any such handbill in or upon such inhabited premises,
so long as the handbill is so placed or deposited as to secure or prevent such handbill
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so long as the handbill is so placed or deposited as to secure or prevent such handbill
from being blown or drifter about such premises or sidewalks,streets,or other public
places and except that mailboxes may not be so used when prohibited by federal postal
law or regulations.
The provisions of this subsection shall not apply to the distribution of mail by the United
States,not to newspapers (as defined herein)except that newspapers shall be placed on
private property in such a manner as to prevent their being carried or deposited by the
elements upon any street, sidewalk or other public place or upon private property.
D.Persons placing litter in public receptacles or in Authorized Receptacles shall do so in such a manner as
to prevent it from being carried or deposited by the elements upon any street,sidewalk or other public
place or upon private property.
8.20.050 Illegal Dumping and Littering as Public Nuisances.
Illegal dumping of Discarded Items and Waste Matter and littering constitute public nuisances subject to
abatement,remedies,and penalties according to the provisions and procedures contained in this code and this
chapter.Violations of this Chapter are subject to investigation by designated City officials and violators may
incur administrative citations or other fees and fines as described in this Chapter.
8.20.060 Administrative Penalties for Violations. <https://qcode.us/codes/southsanfrancisco/view.php?
topic=8-8_20-8_20_050&frames=on>
A.Littering is an Infraction.Disposal of litter on any public or private property of another is an infraction
violation of this code and this chapter,punishable by a fine as provided in Section 36900 of the
California Government Code,per violation,which shall be in addition to any administrative or civil
penalties.
Illegal Dumping is a Misdemeanor.Illegal dumping on any public or private property is a misdemeanor
violation of this code and this chapter,punishable by a fine of $1,000 per violation,which shall be in
addition to any administrative or civil penalties.Each individual act of Illegal Dumping is a separate
violation and is subject to enforcement.For example,each individual act of Illegal Dumping,whether
Waste Matter or a discarded item (e.g.;mattress,piece of upholstered furniture,furniture,appliance,or
electronic waste,etc.)that meets the definition of a Discarded Item under this Chapter is a separate and
distinct violation under this Chapter.
B.Failure to remove Discarded Items or Waste Matter constitute a separate violation.In the event the City
gives notice to a Violator to remove Waste Matter or Discarded Items from City or private property
(with the property owner’s prior approval),the Violator must remove the Illegal Dumped items within
24 hours of receiving notice.If a Violator is noticed to remove illegally dumped material and fails to
remove the same within 24 hours after notice by the city or the property owner,such failure to timely
remove the illegally dumped material constitutes a separate violation.
C.In addition to assessing administrative or civil penalties,a violator may also be assessed costs relating to
the illegal dumping.Each person who participates in an act of illegal dumping is jointly and severally
liable with all other persons who participated in that act of illegal dumping for the costs of that act of
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illegal dumping.
8.20.070 Power of Arrest and Citation. <https://qcode.us/codes/southsanfrancisco/view.php?topic=8-
8_20-8_20_060&frames=on>
Pursuant to South San Francisco Municipal Code Section 2.50.020, the city manager shall have the
power to designate, by written order, that particular officers or employees shall have the authority to arrest or
cite persons in violation of this chapter.
8.20.080 Civil Actions Against Violators. <https://qcode.us/codes/southsanfrancisco/view.php?topic=8-
8_20-8_20_070&frames=on>
A.The city or any person or entity,public or private,on whose property Discarded Items or Waste Matter
has been illegally dumped,may bring a civil action against a violator.In addition,a duly established
business improvement district,merchants’association,or business,community,or neighborhood
association or organization that cleans up illegal disposal of Discarded Items or Waste Matter on behalf
of its members may bring an action against a violator to recover its costs of removal.Any person or
entity,public or private,who wishes to bring civil action against a violator to recover costs of removal,
must pursue that legal action after paying to the City any fines,fees,and administrative citations
incurred as a result of the violation.
B.Costs and Damages Recoverable. The following damages may be assessed against a dumping violator:
1.The cost of abatement;
2.Any cost for loss of use of the property on which the illegal disposal has been placed;
3.Costs of investigation,including the cost of any code enforcement or police resources used to
investigate each incident;
4.Attorneys’ fees and costs involved in the investigation; and
5.Any other damages or fees permissible under state or federal law.
C.Joint and Several Liability.Each person who participates in an act of illegal disposal of Discarded
Items or Waste Matter is jointly and severally liable with any other person who participates for all costs,
damages, penalties, and attorneys’ fees related to that act of illegal disposal.
8.20.090 Authority of City Attorney to Bring Actions.
<https://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_20-8_20_080&frames=on>
A.The city attorney may bring an action to recover costs incurred by the city through the following
methods:
1.Civil Action.The city attorney may bring and maintain a civil action in the name of the city to
obtain a money judgment against the defendant for any amount not ordered or collected by a
court,including,but not limited to,all costs and attorneys’fees,in addition to civil penalties,
incurred in connection with the civil prosecution of any claim for damages or reimbursement.
B.The city attorney also may seek to recover the city’s costs incurred relative to the illegal Dumping,or
such other costs as the city may have. The city attorney may do so in any of the following ways:
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1.Bring an action on the city’s behalf to recover such costs;
2.Join an action brought by a private party to recover damages and costs relating to illegal
disposal;
3.Authorize a private party or other public entity on whose property the illegal disposal occurred
to bring the action on the city’s behalf;
4.In the event the city attorney brings an action to cover the city’s costs of illegal disposal,at the
city attorney’s sole election,and with the permission of the private party or other public entity
on whose property the illegal disposal occurred,the city attorney may pursue the private party or
other public entity’s claims against the violator for damages and costs.
C.The city attorney also may bring actions for injunctive or equitable relief against dumping violators.
D.Civil Penalties.Any violator of this chapter shall be liable for a civil penalty not to exceed one thousand
dollars for each day or portion thereof,that the violation continues to exist.In determining the amount
of the civil penalty to impose,the court shall consider all relevant circumstances,including,but not
limited to,the extent of the harm caused by the conduct constituting a violation,the nature and
persistence of such conduct,the length of time over which the conduct occurred,the assets,liabilities,
and net worth of the violator,whether corporate or individual,and any corrective action taken by the
violator.
’8.20.100 Attorneys Fees for Illegal Dumping or Disposal Actions.
<https://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_20-8_20_090&frames=on>
In any administrative, civil, or special proceeding to abate illegal dumping or disposal, the city may, at
the initiation of the proceeding, seek an award of attorneys’ fees. If the city seeks an award of attorneys’ fees,
the award shall be made to the prevailing party. Provided, however, that no award may be made to a prevailing
party that exceeds the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
8.20.110 Liability of Parent or Guardian of a Minor.
<https://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_20-8_20_100&frames=on>
Any parent or legal guardian of a minor dumping violator is personally liable for any and all costs
incurred by the city or any person or business in connection with the illegal dumping caused by the conduct of
said minor, and for all attorneys’ fees, court costs, and other costs and any administrative or civil penalties
incurred in connection with the civil or administrative prosecution of any claim for damages to the maximum
extent permitted by California Civil Code Section 1714.1 or other applicable laws.
8.20.120 Liability of Owner or Operator of Vehicle or Trailer Used in Illegal Dumping.
South San Francisco Municipal Code Chapter 8.16.120 describes the regulations on collecting and
transporting solid waste. Pursuant to that Chapter and to the extent permitted by law, an owner or operator of a
motor vehicle or trailer is liable and responsible for all costs, penalties and fines relating to illegal dumping or
disposal when the owner’s vehicle is used with the express or implied permission of the owner or operator,
irrespective of whether the owner or operator knew or should have known of the intended use of the vehicle.
8.20.130 Responsibility of Waste Matter Creator or Generator for Illegally Dumped Material.
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<https://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_20-8_20_120&frames=on>
All persons creating or generating Discarded Items or Waste Matter are responsible for seeing that it is
disposed of in the manner provided by law. Persons disposing of Discarded Items or Waste Matter must ensure
that it is not illegally dumped. This responsibility includes not giving Discarded Items or Waste Matter to a
person for disposal who is not authorized to legally dispose of Discarded Items or Waste Matter. A person
whose Discarded Items or Waste Matter are illegally disposed of is jointly responsible for the illegal disposal
along with the party who actually illegally disposed.
8.20.140 Responsibility of Lessor for Property of Lessee Illegally Dumped Following Vacation of Unit.
<https://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_20-8_20_130&frames=on>
A real property owner who rents commercial or residential property is responsible for the property of a
tenant that was removed from the tenant’s unit and illegally disposed of after the tenant vacates, whether
voluntarily or involuntarily pursuant to this section. If the tenant’s property is removed from the tenant’s unit
by the real property owner or an eviction or other process, the real property owner must see that the property is
either retained for the tenant or properly disposed of in accordance with the law. To this end, the real property
owner must cooperate with the tenant in working with the collector to dispose of the tenant’s property, which
can be done at the tenant’s expense for any of the collector’s fees or costs. If the tenant’s property is illegally
disposed of by the tenant on public or private property in front of the tenant’s former unit or the adjacent
properties, the real property owner is responsible for having the tenant’s property properly disposed of. If the
tenant’s property is illegally disposed of at a different location, the real property owner must provide the
tenant’s forwarding information if it is within the real property owner’s knowledge.
8.20.150 Administrative Appeals. <https://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_20-
8_20_140&frames=on>
A.An administrative assessment of fines or costs may be appealed administratively to the City Manager.
The City Manager’s decision shall be final and binding.
B.A party aggrieved by a final administrative decision of the city may seek judicial review of the
administrative decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6
within the time frame pursuant to those code sections.
SECTION 4.SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid or unconstitutional,the remainder of this Ordinance,including the application of such part or provision
to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.To
this end,provisions of this Ordinance are severable.The City Council of the City of South San Francisco
hereby declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or
phrase hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5.PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be
prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is
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prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is
scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a
certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk
shall (1)publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this Ordinance or
otherwise voting. This Ordinance shall become effective thirty days from and after its adoption.
*****
Introduced at a regular meeting of the City Council of the City of South San Francisco,held the ____
day of _________________, 2019.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council
held the ____ day of _________________, 2019 by the following vote:
AYES:__________________________________________________________________
NOES:__________________________________________________________________
ABSTAIN:__________________________________________________________________
ABSENT:__________________________________________________________________
ATTEST:
______________________________
City Clerk
As Mayor of the City of South San Francisco,I do hereby approve the foregoing ordinance this ____
day of _________________, 2019.
________________________
Karyl Matsumoto, Mayor
3000649.4
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