HomeMy WebLinkAbout2021-04-14 e-packet@6:00Wednesday, April 14, 2021
6:00 PM
City of South San Francisco
P.O. Box 711
South San Francisco, CA
TELECONFERENCE MEETING
City Council
Regular Meeting Agenda
April 14, 2021City Council Regular Meeting Agenda
TELECONFERENCE MEETING NOTICE
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE
GOVERNOR’S EXECUTIVE ORDERS N-29-20 AND N-63-20 ALLOWING FOR DEVIATION
OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE
ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS
THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY
BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL
GOVERNMENTAL FUNCTION.
The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff
and the public while allowing for public participation.
Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City
staff will participate via Teleconference.
PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES
SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY
TELECONFERENCE.
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Page 2 City of South San Francisco Printed on 4/21/2021
April 14, 2021City Council Regular Meeting Agenda
American Disability Act: The City Clerk will provide materials in appropriate alternative formats to
comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa
Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net.
Include your name, address, phone number, a brief description of the requested materials, and
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Notification in advance of the meeting will enable the City of South San Francisco to make
reasonable arrangements to ensure accessibility to the meeting.
PEOPLE OF SOUTH SAN FRANCISCO
The City Council's regular meetings are held on the second and fourth Wednesday of each month at 6:00 p.m.
MARK ADDIEGO, Mayor (At-Large)
MARK NAGALES, Vice Mayor (District 2)
BUENAFLOR NICOLAS, Councilmember (At-Large)
JAMES COLEMAN, Councilmember (District 4)
EDDIE FLORES, Councilmember (At-Large)
ROSA GOVEA ACOSTA, City Clerk
FRANK RISSO, City Treasurer
MIKE FUTRELL, City Manager
SKY WOODRUFF, City Attorney
In accordance with California Government Code Section 54957.5, any writing or document that is a public
record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular
meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If,
however, the document or writing is not distributed until the regular meeting to which it relates, then the
document or writing will be made available to the public at the location of the meeting, as listed on this
agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080.
Page 3 City of South San Francisco Printed on 4/21/2021
April 14, 2021City Council Regular Meeting Agenda
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
ANNOUNCEMENTS FROM STAFF
PRESENTATIONS
Presentation from California Teachers Association (CTA) on the rise of anti-Asian and
anti-AAPI racism/violence. (Daniel Yanow and Catrina Ellis)
1.
Recognition of 100 year anniversary of Santini & Roccucci. (Mark Addiego, Mayor)2.
Proclamation recognizing Public Safety Telecommunicators Week, April 11-17, 2021.
(Mark Addiego, Mayor)
3.
PUBLIC COMMENTS
HOW TO SUBMIT WRITTEN PUBLIC COMMENT BEFORE THE MEETING
Members of the public are encouraged to submit public comments in writing in advance of the meeting via the
eComment tab by 4:00 p.m. on the meeting date.
Use the eComment tab located on the City Council meeting's agenda page. eComments are also directly sent to
the iLegislate application used by City Council and staff.
Comments received by the deadline will be read into the record by the City Clerk or designee. Comments
received after the deadline will be included as part of the meeting record but will not be read aloud during the
meeting. Approximately 300 words total can be read in three minutes.
Page 4 City of South San Francisco Printed on 4/21/2021
April 14, 2021City Council Regular Meeting Agenda
HOW TO PROVIDE PUBLIC COMMENT DURING THE MEETING
Members of the public who wish to provide comment during the meeting may do so by using the “Raise Hand”
feature:
• To raise your hand on a PC or Mac desktop/laptop, click the button labeled "Raise Hand” at the bottom of
the window on the right side of the screen. Lower your hand by clicking the same button, now labeled “Lower
Hand.”
• To raise your hand on a mobile device, tap “Raise Hand” at the bottom left corner of the screen. The hand
icon will turn blue, and the text below it will switch to say "Lower Hand" while your hand is raised. To lower
your hand, click on “Lower Hand.”
• To raise your hand when participating by telephone, press *9.
Once your hand is raised, please wait to be acknowledged by the City Clerk, or designee, who will call on
speakers. When called upon, speakers will be unmuted. After the allotted time, speakers will be placed on
mute.
COUNCIL COMMENTS/REQUESTS
CONSENT CALENDAR
Motion to approve the Minutes for the meeting of February 24, 2021 and March 10,
2021.
4.
Report regarding a resolution to authorize the filing of an application for funding
assigned to MTC, committing any necessary matching funds, and stating assurance to
complete the El Camino Real Grand Boulevard Initiative Phase III OBAG Project
AND the East of 101 Transit Expansion Project. (Jeffrey Chou, Associate Engineer)
5.
Resolution authorizing the filing of an application for funding assigned to MTC,
committing any necessary matching funds, and stating assurance to complete the El
Camino Real Grand Boulevard Initiative Phase III OBAG Project and the East of 101
Transit Expansion Project.
5a.
Report regarding a resolution authorizing the acceptance of $5,000 from Quality
Counts San Mateo County, and $17,000 from the San Mateo County Learning Hubs
Expansion Fund for the Parks and Recreation Department’s Childcare Program for
Fiscal Year 2020-2021. (Greg Mediati, Deputy Director of Parks and Recreation)
6.
Resolution authorizing the acceptance of $5,000 from Quality Counts San Mateo
County, and $17,000 from the San Mateo County Learning Hubs Expansion Fund for
the Parks and Recreation Department’s Childcare Program for Fiscal Year 2020-2021.
6a.
Page 5 City of South San Francisco Printed on 4/21/2021
April 14, 2021City Council Regular Meeting Agenda
Report regarding a resolution determining the continued existence of an emergency
and the need to continue emergency repairs in response to the Sign Hill Diamond Fire.
(Greg Mediati, Deputy Director of Parks and Recreation)
7.
Resolution determining the continued existence of an emergency and authorizing
procurement for emergency remediation work relating to fire damage on Sign Hill in
South San Francisco.
7a.
Report regarding a resolution authorizing the acceptance of $4,000 from AARP South
San Francisco Chapter #3156 and $300 from the South San Francisco Women’s Club
for the Parks and Recreation Department for Fiscal Year 2020-2021. (Greg Mediati,
Deputy Director of Parks and Recreation)
8.
Resolution authorizing the acceptance of $4,000 from AARP South San Francisco
Chapter #3156 and $300 from the South San Francisco Women’s Club for the Parks
and Recreation Department for Fiscal Year 2020-2021.
8a.
Report regarding a resolution approving a First Amendment to the Purchase
Agreement with Polydyne, Inc. for the purchase of cationic and anionic polymers for
an additional $180,000. (Brian Schumacker, Water Quality Control Plant
Superintendent)
9.
Resolution approving and authorizing the City Manager to execute a First Amendment
to the Purchase Agreement with Polydyne, Inc. for the purchase of cationic and
anionic polymers for an additional $180,000.
9a.
ADMINISTRATIVE BUSINESS
Report regarding adoption of Resolution of Intention to Issue Tax-Exempt Obligations
related to the Civic Campus and Street Paving Program. (Jason Wong, Deputy
Finance Director)
10.
Resolution of the City of South San Francisco Regarding Intention to Issue
Tax-Exempt Obligations related to the Civic Campus and Street Paving Program.
10a.
Report regarding adopting a resolution approving the appropriation of funding for the
Economic Mobility Resource hub, professional services agreements with Renaissance
Entrepreneurship Center and JobTrain, and accepting a contribution from Lane
Partners for the new Economic Mobility Resource Hub in South San Francisco. (Mike
Lappen and Ernesto Lucero, Economic Development Coordinators, and Nell Selander,
Deputy Director, Economic and Community Development Department)
11.
Page 6 City of South San Francisco Printed on 4/21/2021
April 14, 2021City Council Regular Meeting Agenda
Resolution approving the appropriation of funding for the Economic Mobility
Resource Hub, professional services agreements with Renaissance Entrepreneurship
Center and JobTrain, and accepting a contribution from Lane Partners for the new
Economic Mobility Resource Hub in South San Francisco.
11a.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
CLOSED SESSION
Closed Session: Conference with Real Property Negotiators
(Pursuant to Government Code Section 54956.8)
Property: 366 Grand Avenue (APN 012-312-310)
City Negotiators: Alex Greenwood, Director of Economic and Community
Development; Nell Selander, Deputy Director of Economic and Community
Development; Mike Lappen, Economic Development Coordinator; and Ernesto
Lucero, Economic Development Coordinator
Negotiating Party: Sebanc Properties
Under Negotiations: Price and terms
12.
Closed Session: Conference with Real Property Negotiators
(Pursuant to Government Code Section 54956.8)
Property: City property at Oyster Point (APN 015-010-970)
City Negotiators: Alex Greenwood, Director of Economic and Community
Development; Nell Selander, Deputy Director of Economic and Community
Development; and Ernesto Lucero, Economic Development Coordinator
Negotiating Party: Ensemble Investments
Under Negotiations: Price and terms
13.
ADJOURNMENT
Page 7 City of South San Francisco Printed on 4/21/2021
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-252 Agenda Date:4/14/2021
Version:1 Item #:1.
Presentation from California Teachers Association (CTA) on the rise of anti-Asian and anti-AAPI
racism/violence.(Daniel Yanow and Catrina Ellis)
City of South San Francisco Printed on 4/9/2021Page 1 of 1
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SSFCTA Statement on The Rise of Anti-Asian Racism
We,the members of the South San Francisco Classroom Teachers Association,are disturbed
and appalled at the recent rise in anti-Asian racism in our community and nationwide.It is
understandable to call these acts “unspeakable,”but it is the responsibility of those who have a
platform to find the words so that these expressions of hate cannot hide under the blanket of
polite discourse.
One year ago,we saw a rise in hate crimes when the pandemic began and Asians were blamed
for causing COVID-19.This racist scapegoating was demonstrated at the highest levels of our
government, including the office of the presidency.
A year later,nothing has changed.Rather,incidents and crimes have spiked substantially in
recent weeks,especially evident from the string of unprovoked and violent attacks against
elderly Asian Americans and Pacific Islanders.
These are not isolated incidents,nor are they unique.Asian Americans have been targeted and
physically and verbally attacked throughout U.S.history.Remember Vincent Chin in 1982.
Twenty-seven year-old Chin was neither the first nor the last –Consider the Page Act of 1875
banning Chinese women immigrants and its expansion into the Chinese Exclusion Act of
1882.The Japanese internment.The U.S.occupation and treatment of native Hawaiians.The
Chinese massacre of 1871 in Los Angeles,one of the largest mass lynchings in American
history.Our own Bay Area schools segregated Chinese,Japanese,and Korean students from
white children.
Since the moment Asian and Pacific Islander families arrived on our shores,they have been
marginalized and victimized.When AAPI Americans responded with undeniable examples of
Asian excellence,white Americans held some of them up as a “model minority”–as an
example of how the “others”should act if they want to be accepted in America.This myth is
false.The model minority myth hurts our communities and all Asian American and Pacific
Islanders,“model”or not.Beyond the fact that “Asian Americans”encompasses more than an
entire continent of beautifully diverse peoples,the shroud of this “positive”myth silences and
invisibilizes our students,educators,and families who are oppressed by the very system that
claims to celebrate them.
Just in the past year,the Bay Area has been home to the following acts of hatred and
systemic racism:
●Vicha Ratanapakdee,a Thai American man,murdered in San Francisco for simply
walking.
●Yik Oi Huang, an 88-year-old woman,beaten by her own cane in San Francisco.
●Duong, a 64-year-old woman,robbed of Lunar New Year cash in San Jose.
●A 70-year-old grandmother assaulted and robbed in Oakland.
●Angelo Quinto,a 30-year-old Filipino American veteran,murdered by police in
Antioch; they knelt on his neck for 5 minutes in response to his mental health crisis.
Make no mistake.Treating these horrific acts of violence as singular examples of hatred
ignores the larger systemic issues that intentionally relegate Asian Americans to the margins.
These include the high unemployment and poverty rates within AAPI communities and the
school-to-prison-to-deportation pipeline of young AAPI men.Thanks to colonialism,our
Filipino community in California is also disproportionately at the front lines of the pandemic.
We must loudly speak up and stand up to these acts of hate.We also must acknowledge the
fear and uncertainty experienced by many members of our communities.Now,more than
ever,many in Asian American communities are fearful of speaking up and being targeted.
We,as educators,must be united in their defense and refuse to tolerate any violence or
hostile,derogatory,or negative attitudes toward our AAPI students,families,staff,or
administration.We implore our educators and community members to educate themselves
through the resources listed on CTA President Boyd’s statement,especially those on how to
combat coronavirus racism in our classrooms.
Words,however,are not enough.Listening is not enough.Reading is not enough.Listening
and reading,while essential,are passive.Justice can only be achieved through action.Here
are just a few examples of how South San Francisco can work toward justice:
●Employ AAPI-curated resources to train in anti-violence and volunteer as activists.
●Apply,or encourage AAPI and other BIPOC colleagues to apply,for the CTA Ethnic
Minority Early Identification &Development (EMEID)program,which attempts to
expand the leadership role of members of color. Next deadline to apply is April 9.
●Encourage more AAPI and other BIPOC members in SSFCTA to become site
representatives and to run for positions on the Executive Council.
●Pressure school and district hiring committees to employ more staff of color.Our
significantly white teacher-body does not reflect the diversity of our community.
●Demand that the SSF City Council aggressively pursue constructing low-income
housing and seriously study eliminating single-family zoning.Doing so will ensure
housing security for our most vulnerable communities and combat climate change.
●Urge our SSFUSD School Board to heed community calls to make Lunar New Year
officially a school holiday, not merely a staff Professional Development day.
●Work with the SSFUSD School Board to allow student trustees (who represent a largely
AAPI student body)to have more say in Board decisions,rather than just an honorary
vote. After all, students are the largest group impacted by these policies.
It is our responsibility as educators to commit to anti-racist and pro-equity and justice
practices.We have the platform and the relative privilege to call attention to and combat
injustice.We must use them.Within and beyond our classrooms,we must name,denounce,
and deliberately act against every instance of racism!
Join us,the members of the SSFCTA,in this fight together to raise awareness,to commit to
this fight,and to make a clear declaration that we will not tolerate the loss of one more
life!
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-201 Agenda Date:4/14/2021
Version:1 Item #:2.
Recognition of 100 year anniversary of Santini & Roccucci.(Mark Addiego, Mayor)
City of South San Francisco Printed on 4/9/2021Page 1 of 1
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Dated: February 2, 2021
RECOGNITION OF 100 Year Anniversary of Santini & Roccucci
The House of Quality Clothing and Shoes
February 2, 1921 - February 2, 2021
WHEREAS, Roberto Roccucci, known by his family as Robert & NonnoBee first traveled
to the United States in 1909. September 17, 1917 Robert was drafted into World War I. After the
War, Robert returned to a small town called Corfino in Italy where he met and married Amelia
Santini on April 10, 1920. That same year, with their first child on the way, they traveled back to
the states to settle in South San Francisco, California where their three children, Clorinda,
Renato and Iole, were later born; all residing in South San Francisco throughout their lifetime;
and
WHEREAS, in 1921, Robert, his brother-in-law Pasquale Santini and Pasquale’s
younger brother Mario Santini purchased a men’s clothing and shoe repair store on Grand
Avenue. Renato Roccucci, a Navigator and Rudy Santini, a Pilot for the United States Army Air
Corps came on board as junior partners after they returned from World War II in 1945; and
WHEREAS, their business survived during the Depression and World War II. Credit
was given to many families without financial interest for years. Robert Roccucci stating “their
word was their bond and the customer’s word was his bond.” Their success in business far
exceeded most, for the simplicity of these men made them regard their customers as their friends.
Honesty, good service and complete backing of their merchandise was a priority to their business
model. They were simple men and their greatness was that success did not change them; and
WHEREAS, Santini & Roccucci played a large role in the community, including being
one of many who donated to help rebuild the All Souls Church that burned to the ground in 1964.
In addition, Rudy Santini was a member of the “Operation Shipshape Citizens Committee” and
was recognized for his role in making South San Francisco a cleaner and more beautiful city in
which to live during the “Clean-up, Paint-Up, Fix-Up, Plant-Up Week” held May 24 - June 13,
1964; and
WHEREAS, Santini & Roccucci became one of the first men’s clothing stores to open its
door to the male population of South San Francisco. Located on the 100 block of Grand Avenue,
then 306 Grand Avenue, and lastly constructing their largest store at 356 Grand Avenue. Santini
& Roccucci was known for carrying “the finest and most complete line of shoes and men’s
furnishings in South San Francisco.” These men are gone but not forgotten. The Santini &
Roccucci family legacy continues today with the 5th generation; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South
San Francisco does hereby celebrate and remember Santini & Roccucci’s humble beginnings as
they climbed to the position of one of the City’s ranking merchants in history, and does hereby
extend its gratitude to the entire Santini and Roccucci families for the contributions they have
made to the City of South San Francisco.
Mark Addiego, Mayor
Mark Nagales, Vice Mayor
Buenaflor Nicolas, Councilmember
James Coleman, Councilmember
Eddie Flores, Councilmember
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-203 Agenda Date:4/14/2021
Version:1 Item #:3.
Proclamation recognizing Public Safety Telecommunicators Week, April 11-17, 2021.(Mark Addiego, Mayor)
City of South San Francisco Printed on 4/9/2021Page 1 of 1
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Dated: April 14, 2021
RECOGNITION OF PUBLIC SAFETY TELECOMMUNICATORS WEEK
April 11 - 17, 2021
WHEREAS, across the nation in times of intense personal crisis and community-wide
disasters, Public Safety Telecommunicators are the first access point for those seeking emergency
services in 9-1-1; and
WHEREAS, local and county public safety communications centers that receive these
calls have emerged as the first and single point of contact for persons seeking immediate relief
during an emergency, as well as those seeking to report suspicious behaviors and unusual
incidents; and
WHEREAS, Public Safety Telecommunicators of the City of South San Francisco have
contributed substantially to the apprehension of criminals, suppression of fires, and treatment of
patients; and
WHEREAS, 2020 was a year like no other, with dispatchers being the first point of
contact for the public regarding coronavirus questions, reports of social distancing, and mask
violations, and responding to calls during times of national civil unrest; and
WHEREAS, in 2020, the City of South San Francisco Communications Dispatchers
handled 103,757 phone calls for service, officer-initiated events, and other informational calls; of
which 25,817 were 9-1-1 calls; and
WHEREAS, while enduring shift work and frequent emergencies, the City of South San
Francisco Communications Dispatchers continue to perform their duties in a dedicated, diligent,
and loyal manner; and
WHEREAS, the City of South San Francisco Communications Dispatchers provide a
critical but seldom visible linkage between the citizen and police, fire, and emergency medical
providers.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South
San Francisco does hereby recognize April 11 – 17, 2021 as National Public Safety
Telecommunicators Week and thanks our Dispatchers for consistently performing outstanding
public service.
________________________________
Mark Addiego, Mayor
________________________________
Mark Nagales, Vice Mayor
________________________________
Buenaflor Nicolas, Councilmember
________________________________
James Coleman, Councilmember
________________________________
Eddie Flores, Councilmember
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-265 Agenda Date:4/14/2021
Version:1 Item #:4.
Motion to approve the Minutes for the meeting of February 24, 2021 and March 10, 2021.
City of South San Francisco Printed on 4/21/2021Page 1 of 1
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CALL TO ORDER Mayor Addiego called the meeting to order at 7:00 p.m.
Meeting recessed: 7:01 p.m.
Meeting resumed: 7:27 p.m.
ROLL CALL Present: Councilmembers Coleman, Flores and Nicolas, Vice
Mayor Nagales, and Mayor Addiego
AGENDA REVIEW
No Changes
ANNOUNCEMENTS FROM STAFF
City Clerk Govea Acosta announced beginning March 10th, the City Clerk's Office would provide
translation services for City Council meetings in Spanish, Tagalog, and Mandarin. Members of the
public should contact the City Clerk's Office 72 hours before a meeting to receive the services.
Also, beginning March 10th, members of the public can use eComment to submit public comments
online. The platform will automatically upload the public comments to the City's website and
available for public viewing. She reminded the community that the current recruitment for the
Boards and Commissions would be closed on March 5th, and applications could be submitted
online.
Mayor Addiego thanked City Clerk Govea Acosta for continuing efforts to make the process
accessible to the public.
City Manager Futrell thanked the community for pulling together in getting the City into the red tier
and encouraged everyone to support local businesses.
PRESENTATIONS
1. Presentation of a proclamation recognizing March as Women’s History Month. (Mark
Addiego, Mayor)
Councilmember Nicolas read into the record a proclamation recognizing March as Women’s History
Month.
MINUTES
REGULAR MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
WEDNESDAY, February 24, 2021
7:00 p.m.
Teleconference via Zoom
City Council conducted this meeting in accordance with
California Governor Newsom’s Executive Orders N-29-20 and
N-63-20 and COVID-19 pandemic protocols.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 2
Councilmember Flores thanked Councilmember Nicolas for bringing the item forward and stated
that the school district would also be bringing a similar resolution forward recognizing women in
March.
Vice Mayor Nagales thanked Councilmember Nicolas for bringing the item forward and recognized
all women that have made tremendous progress for everyone.
Councilmember Coleman stated it was important that we recognize the contributions that women
have had in our society.
2. Presentation on San Mateo County Strong Fund Restaurant, Brewery, and Winery Relief
Grant Program (Rosanne Foust, President and CEO, San Mateo County Economic
Development Association (SAMCEDA).
Councilmember Flores introduced Rosanne Foust, President, and CEO of the San Mateo County
Economic Development Association. Ms. Foust thanked the Council for having her and provided
background information on the grant program. The program offers a grant of up to $10,000 for
restaurants, breweries, and wineries that have suffered from the economic impacts of COVID-19.
The application portal timeframe would be from Monday, February 22th – to Monday, March 8th at
noon. Additional information and frequently asked questions about the program can be found on the
website: www.smcstrong.org. Application assistance was available by telephone or email in the
following languages: English, Spanish, Chinese, and Tagalog. She provided an overview of the
application evaluation process and the types of businesses that did not qualify.
REMOTE PUBLIC COMMENTS
3. Members of the public were encouraged to submit public comments in writing in advance of
the meeting via GoogleDocs by 5:00 p.m. on the day of the meeting.
The following individuals submitted public comments via email. The comments were read into the
record by Assistant City Clerk Avila, disseminated to the City Council, and uploaded to the website:
• Cynthia Marcopulos, community member
• Dennis Rudoni, community member
• Denton Murphy, community member
• Jonathan New, community member
• Katie DeLeuw, community member
• Matt Janiga, community member
The following individuals provided public comment:
• Hon. Coralin Feierbach
COUNCIL COMMENTS/REQUESTS
Councilmember Flores requested the meeting be adjourned in memory of longtime South San
Francisco resident Kenneth Romano. He is survived by his wife Karen Romano, daughter
Angelique Presidente, son-in-law Jesus Pena and grandchildren.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 3
Councilmember Nicolas provided clarification about the Got Wheels! Program offered through the
Peninsula Family Service.
CONSENT CALENDAR
The City Clerk duly read the Consent Calendar, after which Council voted and engaged in
discussion of specific item as follows: Item 4 and 12 was pulled by Councilmember Flores for
further discussion.
5. Report regarding a motion to accept the construction improvements of Advanced Chemical
Transport Inc. for the Oyster Point Marina Fuel Tank and Fueling Station Removal Project
(pf2001) as complete in accordance with plans and specifications (Total Construction Cost
$242,204.60). (Dave Bockhaus, Deputy Director of Public Works)
6. A report regarding Resolution No. 41-2021 authorizing the City Manager to execute the
First Amendment to the Consulting Services Agreement between the City of South San
Francisco and Construction Testing Services, Inc. of San Francisco, for Special Inspection
and Material Testing for the Civic Campus Phase 1: Police Operations & 911 Dispatch
Center in an amount not to exceed $30,023.85. (Jacob Gilchrist, Director of Capital Projects)
7. Report regarding Resolution No. 42-2021 authorizing the acceptance of donations, grants,
and stipends from various funders totaling $16,190, and an in-kind donation from See’s
Candies valued at $34,209, for Fiscal Year 2020-21 to support Parks and Recreation
Department programs and events. (Greg Mediati, Deputy Director of Parks and Recreation)
8. Report regarding Resolution No. 43-2021 approving a Budget Amendment 21.040
appropriating $150,000 in the City of South San Francisco’s General Plan Fund for
pre-payment of Housing Element Update services; and approving Budget Amendment
21.041 appropriating $150,000 in the City of South San Francisco’s Park-in-lieu Fee for
pre-payment of BART Right-of-way Master Planning (PK2103) consistent with the
reimbursable Local Early Action Planning Grants (LEAP) Program. (Tony Rozzi, Chief
Planner)
9. Report regarding Resolution No. 44-2021 authorizing the filing of a grant application for the
State of California Division of Boating and Waterways Boat Launching Facilities Grant
program in an amount not to exceed $884,000. (Greg Mediati, Deputy Director of Parks &
Recreation)
10. Report regarding adoption of Resolution No. 45-2021 accepting $250,000 from Fairfield
Residential as prepayment for the Industrial Area Community Facilities District. (Christina
Fernandez, Assistant to the City Manager and Sky Woodruff, City Attorney)
11. Staff report regarding Resolution No. 46-2021 approving the filing of a grant application in
a total amount not to exceed $6,000,000 for State of California Statewide Park Development
and Community Revitalization Program grant funds for park construction at the Community
Civic Campus in Fiscal Year 2022-2023. (Jacob Gilchrist, Capital Project Director)
Motion — Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Consent Calendar
items 5-11 by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor
Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 4
CONSENT CALENDAR – Agenda Item No. 4 and No. 12
Item No. 4: Mayor Addiego requested a separate motion to approve the meeting minutes since
Councilmember Flores was appointed to the City Council January 2021.
4. Motion to approve the Minutes for the meetings of December 1, 2020, January 13, 2021,
January 20, 2021, January 22, 2021, January 26, 2021, and January 27, 2021. (Rosa Govea
Acosta, City Clerk)
Motion — Councilmember Nicolas/Second – Vice Mayor Nagales: To approve Consent Calendar
Item 4, by roll call vote: AYES: Councilmembers Coleman, Nicolas, Vice Mayor Nagales and
Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: Councilmember Flores.
Item No. 12: Councilmember Flores inquired to what phase the repairs were in and whether the
emergency resolution covered the remaining trails or covered all five that were currently being
repaired. Assistant City Manager Ranals indicated that they were still in Phase One and had done
mitigation for corrosion control. Parks Manager Richardson provided an overview of Phase One
and the status of the trails.
12. Report regarding Resolution No. 47-2021 determining the continued existence of an
emergency and the need to continue emergency repairs in response to the Sign Hill Diamond
Fire. (Greg Mediati, Deputy Director of Parks and Recreation)
Motion — Councilmember Flores/Second – Councilmember Nicolas: To approve Consent Calendar
Item 12, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, Vice Mayor Nagales
and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None.
Councilmember Nicolas thanked Parks and Recreation staff and volunteers who planted seeds
across Sign Hill in areas affected by the Diamond Fire.
PUBLIC HEARING
Public Hearing opened: 08:18 p.m.
13. Report regarding an update on the SSF PUC Housing Partners project and a resolution
accepting the dedication of approximately 15,464 square feet of Kaiser Foundation Health
Plan Inc. owned property located on El Camino Real (APN 010-292-210) to the City of
South San Francisco for a public purpose. (Nell Selander, Economic and Community
Development Deputy Director)
13a. Resolution No. 48-2021 accepting the dedication of approximately 15,464 square feet of
Kaiser Foundation Health Plan, Inc. owned property, located at 1200 El Camino Real (APN
010-292-210), to the City of South San Francisco for a public purpose.
Economic and Community Development Deputy Director Selander provided background
information on the project. On December 11, 2019, the Council approved the entitlements for a
mixed-use development on a vacant 5.9-acre site, known generally as the “PUC Site”. Council also
approved a Purchase and Sale Agreement (PSA), which includes the sale price of $5.5 million for
disposition of the property and a Development Agreement (DA). The development partner and
buyer, SSF PUC Housing Partners were selected by Council.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 5
She stated that the City was required as part of the DA and PSA for the PUC project to gain access
to land needed for off-site improvements and Oak Avenue Phase 1. The acquisition of the Kaiser
Foundation Health Plan Inc. (“Kaiser”) parcel, the subject of the associated resolution, was a key
component in the Oak Avenue Phase 1 improvements. Over the past two years, City staff has been
working with Kaiser to facilitate this land donation.
The effects of COVID-19 had slowed the development of market-rate and commercial
development. Almost all the developers that the City has agreements with have invoked their force
majeure delay in the past year. For most developers this has required an extension to the close of
escrow. SSF PUC Housing partners are requesting a similar extension, which can be approved
administratively per the DA/PSA.
She noted that the conveyance of the property cannot extend beyond December 31, 2022 due to the
recently amended State Surplus Land Act (SLA). If the property was not conveyed by this deadline,
the property would then be subject to the Surplus Land Act, requiring the City to terminate the
agreement with the developer, adopt a resolution declaring the property as surplus land, and then
offering it for sale first to affordable housing providers, other government agencies, and parks and
conservation organizations.
Mayor Addiego inquired about the length of the delay. Economic and Community Development
Deputy Director Selander indicated the City must sell the property no later than December 31, 2022.
Economic and Community Development Deputy Director Selander introduced Eric Tao and Brian
Baker from L37, Andrew Kawahara and James Suh from KASA, Brad Wiblin and Sarah White
from Bridge Housing, and Josh Roden from Brookfield.
Mr. Tao provided an overview of the work that had been completed and assured the Council they
were committed to the project.
Vice Mayor Nagales inquired about the units set aside for individuals with developmental
disabilities. Mr. Wiblin provided an overview of the Housing Choices and stated they were
committed to 10% of units for families.
Councilmember Nicolas expressed her excitement for the project and thanked the development
team and staff.
Councilmember Flores requested clarification on how the overall market affected the development
and improvements to the pedestrian and bicycle circulation. Mr. Tao provided clarification on how
the market conditions were creating a delay for the project. Economic and Community
Development Deputy Director Selander provided an overview of the improvements for pedestrians
and bicyclists.
Councilmember Coleman requested information on the Child Care Center. Economic and
Community Development Deputy Director Selander stated she would send the information to
Council.
Public Hearing closed: 08:49 p.m.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 6
Motion — Councilmember Nicolas/Second – Vice Mayor Nagales: To approve Resolution No. 48-
2021 accepting the dedication of approximately 15,464 square feet of Kaiser Foundation Health
Plan, Inc. owned property, located at 1200 El Camino Real (APN 010-292-210), to the City of
South San Francisco for a public purpose by roll call vote: AYES: Councilmembers Coleman,
Flores, Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None;
ABSTAIN: None.
ADMINISTRATIVE BUSINESS
14. Report to discuss options to allow moderate density housing in residential districts that
currently only allow single family dwellings. (Lisa Costa Sanders, Project Administrator
and Billy Gross, Senior Planner)
Project Administrator Sanders provided background information on the General Plan and
introduced Eric Yurkovich, Principal from Rami + Associates to report out on the Missing Middle
Housing. Many state and local governments are analyzing options related to housing provision and
affordability, including new zoning regulations to allow moderate-density units in areas that
previously only allowed single-family units. The intent is that over time, the residential
neighborhoods in these communities will have a mix of single-family homes and multi-plexes as
properties are developed. Single family homes are still permitted with the new zoning regulations,
but they are no longer the only option available.
With appropriate design guidelines, multi-plex buildings can be designed to take the form of a
single-family home in space and character but contain multiple smaller units compared to a
traditional single-family residence. In South San Francisco’s typical low-density residential zoning
districts, single-family dwellings are allowed a maximum floor area ratio of 0.5. On a 5,000 square
foot lot, this floor area ratio would allow 2,500 square feet of built area, which would accommodate
an approximately 2,300 square foot unit and a one-car garage. If allowed, a duplex could be
developed with two 1,050 square foot residential units and a two-car garage, and a triplex with three
630 square foot units, and a three-car garage. If moderate-density housing were allowed in single-
family neighborhoods, South San Francisco’s current parking regulations would need to be updated,
as parking standards for multi-plex buildings typically require one off-street space per unit, where
South San Francisco currently requires two-four off-street parking spaces per residence in low-
density zoning districts (depending on the number of bedrooms and house size).
Jurisdictions that have adopted modifications to single-family zoning to allow multi-plex buildings
found support from activists, including affordable housing and tenants’ advocates, environmental
organizations, and for-profit and nonprofit housing developers. Opponents to these modifications
typically express concern with property rights, degradation of traditional single-family
neighborhoods, increased parking and traffic impacts, and increased demand for services throughout
the community.
Councilmember Nicolas inquired about the extra cost and time to include the additional work for
the General Plan Update. Project Administrator Sanders estimated the cost to be an additional
$100,000 and would extend the process an additional four months.
Vice Mayor Nagales inquired whether the City would have control over the design and inquired
about a State Density Bonus component. Senior Planner Gross stated the City could require design
guidelines and would need to research further the State Density Bonus use.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 7
The following individuals submitted public comments via email. The comments were read into the
record by Assistant City Clerk Avila, disseminated to the City Council, and uploaded to the website:
• Ethan Mizzi, community member
• Laura Fanella, community member
• Cathy Rosaia, community member
The following individuals provided public comment:
• Alex Melendrez, Housing Leadership Council of San Mateo County
• Kelsey Banes, Peninsula for Everyone
• Mike Dunham, Peninsula for Everyone
• David Crabbe, Sierra Club
• Raayan Mohtashemi, Peninsula for Everyone
• Matt Janiga, community member
• Jordan Grimes, housing advocate
• Darryl Yip, community member
• John Baker, community member
Vice Mayor Nagales acknowledged all the public comments and the need to explore all possibilities
to increase affordable housing. He was in favor of having the additional conversation with the
community.
Councilmember Nicolas stated that in the information-gathering phase of the General Plan, the three
main problems were housing, parking, and traffic. Allowing multi-unit housing in areas that are not
accessible to public transit would contribute to the parking problems. She inquired about parking
requirements. Senior Planner Gross stated that the parking requirements would need to be explored,
and typically it was one parking space per unit. Councilmember Nicolas stated she had read the
book mentioned in the public comment, and she did not believe this was a racial issue. She would
not support moving forward with the additional work.
Councilmember Coleman provided some history on exclusionary housing and acknowledged the
reality of racism in the City’s housing policy. He encouraged the Council to explore various
approaches that can be taken into different neighborhoods and cleared up any misconceptions that
this would be tearing up the single-family homes. He was in favor of exploring the issue and getting
more community input.
Councilmember Flores thanked staff for bringing this to where it is today and was in favor of
getting more input on this topic from stakeholders.
Councilmember Coleman inquired whether the study could be done independently of the General
Plan Update. Senior Planner Gross provided an overview of the challenges with having the study
independent of the General Plan update.
Councilmember Nicolas reiterated that the cost of $100,000 did not sit well with her given the
uncertainly of the current times and stated that the City could amend the General Plan in the future.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 8
Mayor Addiego inquired to what occurred to property values in areas that are up zoned. Economic
and Community Development Director Greenwood stated the property values would increase.
Mayor Addiego expressed his concerns with up zoning and gave an example of South Central Los
Angeles. He feared it would disrupt the community and did not support moving the item forward.
Motion — Vice Mayor Nagales/Second – Councilmember Coleman: To approve additional analysis
on the issue, by roll call vote: AYES: Councilmembers Coleman, Flores, Vice Mayor Nagales;
NAYS: Councilmember Nicolas and Mayor Addiego; ABSENT: None; ABSTAIN: None.
Meeting recessed: 10:07 p.m.
Meeting resumed: 10:17 p.m.
15. Report regarding Ordinance No. 1618-2021 requiring large grocery and drug stores in South
San Francisco to pay employees an additional five dollars ($5.00) per hour in “hazard pay”
during the coronavirus (COVID-19) pandemic (Alex Greenwood, Director of Economic &
Community Development, and Sky Woodruff, City Attorney)
City Attorney Woodruff presented the report regarding an ordinance requiring large grocery and
drug stores in South San Francisco to pay employees an additional five dollars ($5.00) per hour in
“hazard pay” during the coronavirus (COVID-19) pandemic. He provided an update on other
California cities that have since adopted similar ordinances, including San Leandro, West
Hollywood, and Coachella. In addition, Irvine and San Jose have both introduced non-urgency
ordinances that were awaiting a second reading.
Based on Council’s direction during the February 10, 2021 meeting, staff revised the proposed
ordinance to increase pay to $5 per hour. The stores subject to the ordinance were lowered from
15,000 square feet to 10,000 square feet or larger. The proposed ordinance now applied to drug
stores, as well as grocery stores, and the definition of a grocery store has been modified to include
not only stores that primarily sell household foodstuffs but also very large stores (85,000 square feet
or larger) that dedicate at least 10% of space to food sales.
He stated that the proposed ordinance was an urgency ordinance and would take effect immediately
(the day following the Council’s adoption). It would apply retroactively to any work on or after
February 11, 2021, the date the ordinance would have taken effect. In addition, the proposed
ordinance was drafted as an urgency measure, reflecting Council’s direction to take action on this
matter quickly.
A regular ordinance was also included for Council introduction if the Council decided to adopt an
ordinance. The non-urgency version would provide as a backup if a court determined that there was
not a sufficient basis to support the urgency ordinance. Additionally, should the vote threshold for
an urgency ordinance not be met, the non-urgency ordinance is available for introduction and first
reading.
Councilmember Nicolas inquired on the next court date was for the pending lawsuit for Long Beach
and whether all cities that had passed similar ordinances had been sued. City Attorney Woodruff
stated the hearing occurred yesterday, but the court had not issued a ruling. He noted that all cities
that had passed similar ordinances had cases filed against them.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 9
Councilmember Flores inquired when a ruling from the court could be expected and whether the
ordinance had a sunset clause. City Attorney Woodruff expected a ruling by next week and stated
the ordinance did have a sunset clause.
Vice Mayor Nagales inquired about the process of adopting the urgency ordinance. City Attorney
Woodruff provided an overview of the process of adopting the urgency vs. non-urgent ordinance.
Councilmember Coleman inquired whether the urgency ordinance could be heard on March 10th
and favored adopting the urgency ordinance tonight. City Attorney Woodruff stated the urgency
ordinance could be brought back at the March 10th meeting.
Mayor Addiego expressed his concerns with the square footage requirement and inquired whether
that could be removed, along with the Franchisee definition. City Attorney Woodruff stated that it
would be possible to remove the requirements. Mayor Addiego inquired on the process that
employers would need to take to pay the retroactive pay and was in favor of a 90-day provision.
City Attorney Woodruff provided an overview of the process.
Councilmember Nicolas requested clarification on the motion to be presented and suggested paid
time off for vaccination purposes be included in the ordinance. City Attorney Woodruff provided an
overview of the mayor's changes and believed most stores provided paid time off for their
employees to get vaccinated; however, they could add the language to the ordinance if Council
agreed.
The following individuals submitted public comments via email. The comments were read into the
record by Assistant City Clerk Avila, disseminated to the City Council, and uploaded to the website:
• Cathy Rosaia, community member
The following individuals provided public comment:
• Juile Lind, San Mateo County Central Labor Council
• Leon Wong, UFCW5
• Richard Hedges, union member
• John Gomez, UFCW5
• Erin Chazer, community member
Councilmember Flores stated he agreed with the mayor's changes but would like to keep the
ordinance at 120 days. He was in favor of adding the provision on the vaccination language
proposed by Councilmember Nicolas.
City Attorney Woodruff provided an overview of the changes and proposed language for the
ordinance.
Motion — Councilmember Coleman/Second – Councilmember Flores: To approve Ordinance No.
1618-2021 requiring large grocery and drug stores in South San Francisco to pay employees an
additional five dollars ($5.00) per hour in “hazard pay” during the coronavirus (COVID-19)
pandemic with modifications, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas,
Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None.
REGULAR CITY COUNCIL MEETING FEBRUARY 24, 2021
MINUTES PAGE 10
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
Councilmember Nicolas requested the meeting be adjourned in memory of Antonio Gonzalez and
requested the City assist with PPE for stores in Old Town. She also attended a Redistricting webinar
and provided an update on when the census data would become available. City Manager Futrell
stated he would make contact with the stores and mentioned the City Clerk was working on the
Redistricting process.
Councilmember Flores thanked the San Mateo County Office of Community Affairs for continuing
to include the City in their mobile mask distribution. He also highlighted the "Living in Virtual
Times" online art exhibit presented by the Cultural Art Commission.
Vice Mayor Nagales shared the City would be participating in a pilot program called DAHLIA
sponsored by the County of San Mateo. The program assists residents in finding affordable housing.
He acknowledged the Parks and Recreation department for receiving various awards.
Councilmember Coleman would like to explore hazard pay for other workers and provided an
update on upcoming legislation he would like the Council to support.
Mayor Addiego requested a consensus from the Council to push the closed session items to March
10th. The Council agreed.
CLOSED SESSION
16. Conference with Labor Negotiators Agency designated representatives: Leah Lockhart,
Human Resources Director, Donna Williamson, Liebert Cassidy Whitmore Employee
organization: AFSCME, Local 829; Confidential Unit - Teamsters Local 856;
Mid-management Unit - Teamsters Local 856; and International Union of Operating
Engineers, Local 39
Item not heard
17. Closed Session: Conference with Legal Counsel - Anticipated Litigation (Pursuant to
Government Code section 54956.9(d)(4))Initiation of Litigation: Three potential cases (Sky
Woodruff, City Attorney and Jacob Gilchrist, Director of Capital Projects)
Item not heard
ADJOURNMENT
Being no further business, Mayor Addiego adjourned the meeting in memory Kenneth Romano and
Antonio Gonzalez at 11:20 p.m.
Respectfully submitted by: Approved by:
Cindy Avila Mark Addiego
Assistant City Clerk Mayor
Approved by the City Council: / /
CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m.
ROLL CALL Present: Councilmembers Coleman, Flores, and Nicolas, Vice
Mayor Nagales, and Mayor Addiego.
AGENDA REVIEW
No changes.
REMOTE PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda.
Members of the public wishing to participate were encouraged to submit public comments in
writing in advance of the meeting via eComment by 4:00 p.m. on the meeting date.
None.
CLOSED SESSION
1. Conference with Labor Negotiators
Agency designated representatives: Leah Lockhart, Human Resources Director, Donna
Williamson, Liebert Cassidy Whitmore
Employee organization: AFSCME, Local 829; Confidential Unit - Teamsters Local
856; Mid-management Unit - Teamsters Local 856; and International Union of
Operating Engineers, Local 39
2. Closed Session: Conference with Legal Counsel-Existing Litigation
(Pursuant to Government Code Section 54956.9(d)(1))
Name of case: Sarah Liebsch vs. City of South San Francisco, Workers’
Compensation Appeals Board Case Nos.: ADJ11178162 and ADJ11178178
Time entered Closed Session: 6:03 p.m.
Meeting resumed: 6:50 p.m.
Report out of Closed Session by Mayor Addiego: Direction given. No reportable action.
MINUTES
SPECIAL MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
WEDNESDAY, MARCH 10, 2021
6:00 p.m.
Teleconference via Zoom
City Council conducted this meeting in accordance with California
Governor Newsom’s Executive Orders N-29-20 and N-63-20 and
COVID-19 pandemic protocols.
SPECIAL CITY COUNCIL MEETING MARCH 10, 2021
MINUTES PAGE 2
ADJOURNMENT
Being no further business, Mayor Addiego adjourned the meeting at 6:51 p.m.
Respectfully submitted by: Approved:
Rosa Govea Acosta, CMC, CPMC Mark Addiego
City Clerk Mayor
Approved: / /
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-224 Agenda Date:4/14/2021
Version:1 Item #:5.
Report regarding a resolution to authorize the filing of an application for funding assigned to MTC,committing
any necessary matching funds,and stating assurance to complete the El Camino Real Grand Boulevard
Initiative Phase III OBAG Project AND the East of 101 Transit Expansion Project.(Jeffrey Chou,Associate
Engineer)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the filing of an application for
funding assigned to MTC,commit any necessary matching funds,and state assurance to complete the El
Camino Real Grand Boulevard Initiative Phase III OBAG Project and the East of 101 Transit Expansion
Project.
BACKGROUND/DISCUSSION
On February 8,2021,C/CAG staff notified the City of an informal call to projects for the MTC Safe and
Seamless Mobility Quick-Strike program.
The program emphasizes bicycle/pedestrian safety and mobility,connections to transit,and projects that
advance equitable mobility.
Eligible project types include:
·Quick-build bike, pedestrian, and transit improvements, including bike share enhancements.
·Local safe and seamless mobility projects,including projects that advance equitable mobility;invest in
bicycle/pedestrian safety;improve connections to transit;or implement seamless strategies within a
corridor.
The programming requirements/evaluation criteria that Metropolitan Transportation Commission (MTC)will
use to evaluate projects will include, but are not limited to the following:
·The Environmental (ENV),Plans,Specifications and Estimates (PS&E),Preliminary Engineering (PE)
and Right-of-Way (ROW)phases are eligible for capital projects as long as the construction (CON)
phase of the project is delivered and funds obligated by September 30, 2022.
·Project must adhere to federal project delivery guidelines as stated in MTC Resolution No. 3606.
·Projects must generally have a grant minimum of $250,000.
·Eligible projects must be in or connected to a Priority Development Area (PDA),Transportation Priority
Area (TPA) or Community of Concern.
·Projects are the direct result or outcome of a community engagement process.
·Projects that address transit connectivity gaps,especially in areas significantly impacted from the
pandemic.
·Projects should “think regionally and act locally,”which means that they should be coordinated,
interconnected, and contiguous.
·Supplanting of existing funds on fully funded projects is prohibited.
MTC has emphasized the rapid deployment of these funds to expedite the delivery of these critical bicycle and
City of South San Francisco Printed on 4/9/2021Page 1 of 3
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File #:21-224 Agenda Date:4/14/2021
Version:1 Item #:5.
MTC has emphasized the rapid deployment of these funds to expedite the delivery of these critical bicycle and
pedestrian improvements.
Because of the project type eligibilities and the programming requirements,City staff nominated the following
two projects for the MTC Quick Strike program:
1.El Camino Real Grand Boulevard Initiative Phase III OBAG Project for a request of $2,212,000 (Tier 1)
-this complete streets project located along El Camino Real between Arroyo Drive and Kaiser Way,
includes improvements such as enhanced pedestrian crossings,new ADA curb ramps,new pervious
sidewalks and path, new bike lanes, and upgraded landscaped median.
2.East of 101 Transit Expansion Project for a request of $480,000 (Tier 2)-the project would provide new
bus stops in South San Francisco’s biotechnology hub to enable more efficient shuttle operations and
expanded SamTrans service in the area.This project would add 11 new on-street bus/shuttle stops,
upgrade two existing stops,and enhance sidewalks and crosswalks in a growing employment center that
generally lacks bus stop facilities.These upgrades will improve safe access to jobs,reduce travel times
for commuters and shuttles,and provide the necessary infrastructure to extend bus service via the
Reimagine SamTrans project.
Below is the remaining draft schedule for the MTC Quick Strike program.
MTC QUICK STRIKE PROGRAM DRAFT SCHEDULE Date
MTC Partnership Board: Discussion of MTC Staff Recommendations April 23, 2021
TENTATIVE BPAC MEETING Week of April 26, 2021
MTC DEADLINE For Completed Applications May 21, 2021
MTC Programming and Allocation Committee reviews projects June 9, 2021
MTC Commission Approval June 23, 2021
City staff will continue to work with C/CAG staff to submit all necessary documents.
FISCAL IMPACT
If the MTC Commission approves the City projects for funding,the MTC Quick Strike program funds will help
offset funding needs for construction of the two projects.As part of the approval,the City is also required to
commit any necessary matching funds. The local match is 11.47% of the grant funding amount.
The El Camino Real Grand Boulevard Initiative Phase III OBAG Project has programmed sufficient local
funding to match the estimated amount of $253,716.40.
The East of 101 Transit Expansion Project will request for additional $55,056 of local funding from the East of
101 Transportation Impact Fee fund if the project is selected from the Tier 2 project list.
RELATIONSHIP TO STRATEGIC PLAN
Approval of this action will contribute to the City’s Strategic Plan Priority Area 2,Quality of Life,Initiative 2.2
by promoting bike paths, pedestrian ways, and multi-modal transportation options.
City of South San Francisco Printed on 4/9/2021Page 2 of 3
powered by Legistar™
File #:21-224 Agenda Date:4/14/2021
Version:1 Item #:5.
CONCLUSION
Staff recommends a resolution authorizing the filing of an application for funding assigned to MTC and
committing any necessary matching funds and stating assurance to complete the El Camino Real Grand
Boulevard Initiative Phase III OBAG Project AND the East of 101 Transit Expansion Project.
Attachment 1: Presentation
City of South San Francisco Printed on 4/9/2021Page 3 of 3
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MTC SAFE ANDSEAMLESSMOBILITYQUICK-STRIKE PROGRAMAPRIL14, 20211
MTC Safe and Seamless Mobility Quick-Strike programSUBMITTEDPROJECTS•El Camino Real Grand Boulevard Initiative Phase III OBAG Project (GBI 3)•East of 101 Transit Expansion Project2
MTC Safe and Seamless Mobility Quick-Strike programSUMMARYSSF Project C/CAGRecommended TierRequested AmountRequired Local Match (11.47%)GBI 3 Tier 1 $2,212,000 $253,716East of 101 Transit Expansion ProjectTier 2 $480,000 $55,0563
MTC Safe and Seamless Mobility Quick-Strike programLOCALCOMPLIANCECHECKLISTRequirements StatusLetter of SupportCompleted MTC Complete Streets checklistCompleted Satisfy the OBAG 2 housing policy requirementsCompleted Adopt a Resolution of Local Support Deadline by May 21, 20214•June 23, 2021 - MTC Commission Approval
MTC Safe and Seamless Mobility Quick-Strike programQUESTIONS?5
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-218 Agenda Date:4/14/2021
Version:1 Item #:5a.
Resolution authorizing the filing of an application for funding assigned to MTC,committing any necessary
matching funds,and stating assurance to complete the El Camino Real Grand Boulevard Initiative Phase III
OBAG Project and the East of 101 Transit Expansion Project.
WHEREAS,the City of South San Francisco (hereinafter referred to as APPLICANT)is submitting two
applications to the Metropolitan Transportation Commission (MTC)for $2,120,000 (Tier 1)and $480,000 (Tier
2)in funding assigned to MTC for programming discretion.This includes federal funding administered by the
Federal Highway Administration (FHWA)and federal or state funding administered by the California
Transportation Commission (CTC),such as Surface Transportation Block Grant Program (STP)funding;
Congestion Mitigation and Air Quality Improvement Program (CMAQ)funding;Transportation Alternatives
(TA)set-aside/Active Transportation Program (ATP)funding;and Regional Transportation Improvement
Program (RTIP)funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING);for
the El Camino Real Grand Boulevard Initiative Phase III OBAG Project AND the East of 101 Transit
Expansion Project (herein referred to as PROJECT)for the MTC Safe and Seamless Mobility Quick Strike
Program (herein referred to as PROGRAM); and
WHEREAS,the United States Congress from time to time enacts and amends legislation to provide funding for
various transportation needs and programs,(collectively,the FEDERAL TRANSPORTATION ACT)including,
but not limited to the Surface Transportation Block Grant Program (STP)(23 U.S.C.§133),the Congestion
Mitigation and Air Quality Improvement Program (CMAQ)(23 U.S.C.§149)and the Transportation
Alternatives (TA) set-aside (23 U.S.C. §133); and
WHEREAS,state statutes,including California Streets and Highways Code §182.6,§182.7,and §2381(a)(1),
and California Government Code §14527,provide various funding programs for the programming discretion of
the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS,pursuant to the FEDERAL TRANSPORTATION ACT,and any regulations promulgated
thereunder,eligible project sponsors wishing to receive federal or state funds for a regionally-significant project
shall submit an application first with the appropriate MPO,or RTPA,as applicable,for review and inclusion in
the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS,MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No.3606,
revised)that sets out procedures governing the application and use of REGIONAL DISCRETIONARY
FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS,as part of the application for REGIONAL DISCRETIONARY FUNDING,MTC requires aCity of South San Francisco Printed on 4/21/2021Page 1 of 4
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File #:21-218 Agenda Date:4/14/2021
Version:1 Item #:5a.
WHEREAS,as part of the application for REGIONAL DISCRETIONARY FUNDING,MTC requires a
resolution adopted by the responsible implementing agency stating the following:
·the commitment of any required matching funds; and
·that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the
programmed amount,and therefore any cost increase cannot be expected to be funded with additional
REGIONAL DISCRETIONARY FUNDING; and
·that the PROJECT will comply with the procedures,delivery milestones and funding deadlines
specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
·the assurance of the sponsor to complete the PROJECT as described in the application,subject to
environmental clearance,and if approved,as included in MTC's federal Transportation Improvement
Program (TIP); and
·that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within
the schedule submitted with the project application; and
·that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM;
and
·that APPLICANT has assigned,and will maintain a single point of contact for all FHWA -and CTC-
funded transportation projects to coordinate within the agency and with the respective Congestion
Management Agency (CMA),MTC,Caltrans,FHWA,and CTC on all communications,inquires or
issues that may arise during the federal programming and delivery process for all FHWA -and CTC-
funded transportation and transit projects implemented by APPLICANT; and
·in the case of a transit project,the PROJECT will comply with MTC Resolution No.3866,revised,
which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more
efficiently deliver transit projects in the region; and
·in the case of a highway project,the PROJECT will comply with MTC Resolution No.4104,which sets
forth MTC’s Traffic Operations System (TOS)Policy to install and activate TOS elements on new
major freeway projects; and
·in the case of an RTIP project,state law requires PROJECT be included in a local congestion
management plan,or be consistent with the capital improvement program adopted pursuant to MTC’s
funding agreement with the countywide transportation agency; and
WHEREAS,that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY
FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS,there is no pending or threatened litigation that might in any way adversely affect the proposed
PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
WHEREAS,APPLICANT authorizes its Executive Director,General Manager,or designee to execute and file
an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in
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this resolution; and
WHEREAS,MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the
filing of the application.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the
APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL
DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and
BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY
FUNDING for the project is fixed at the MTC approved programmed amount,and that any cost increases must
be funded by the APPLICANT from other funds,and that APPLICANT does not expect any cost increases to
be funded with additional REGIONAL DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these
funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy
(MTC Resolution No.3606,revised)and APPLICANT has,and will retain the expertise,knowledge and
resources necessary to deliver federally-funded transportation and transit projects,and has assigned,and will
maintain a single point of contact for all FHWA-and CTC-funded transportation projects to coordinate within
the agency and with the respective Congestion Management Agency (CMA),MTC,Caltrans,FHWA,and CTC
on all communications,inquires or issues that may arise during the federal programming and delivery process
for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application
and in this resolution,subject to environmental clearance,and,if approved,for the amount approved by MTC
and programmed in the federal TIP; and
BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing
resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC
programming guidelines and project selection procedures for the PROGRAM; and
BE IT FURTHER RESOLVED that,in the case of a transit project,APPLICANT agrees to comply with the
requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No.3866,
revised; and
BE IT FURTHER RESOLVED that,in the case of a highway project,APPLICANT agrees to comply with the
requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and
BE IT FURTHER RESOLVED that,in the case of an RTIP project,PROJECT is included in a local congestion
management plan,or is consistent with the capital improvement program adopted pursuant to MTC’s funding
agreement with the countywide transportation agency; and
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY
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FUNDING funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL
DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the
funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely
affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director,General Manager,City
Manager,or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY
FUNDING for the PROJECT as referenced in this resolution; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction
with the filing of the application; and
BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT
described in the resolution,and if approved,to include the PROJECT in MTC's federal TIP upon submittal by
the project sponsor for TIP programming.
*****
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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 #:21-158 Agenda Date:4/14/2021
Version:1 Item #:6.
Report regarding a resolution authorizing the acceptance of $5,000 from Quality Counts San Mateo County,
and $17,000 from the San Mateo County Learning Hubs Expansion Fund for the Parks and Recreation
Department’s Childcare Program for Fiscal Year 2020-2021.(Greg Mediati,Deputy Director of Parks and
Recreation)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $5,000 from
Quality Counts San Mateo County,and $17,000 from the San Mateo County Learning Hubs Expansion
Fund for the Parks and Recreation Department’s Childcare Program for Fiscal Year 2020-2021.
BACKGROUND/DISCUSSION
The purpose of this staff report is to recommend that City Council authorize the acceptance of:
1.$5,000 from the 2020-2021 Quality Improvement (QI)Grant from Quality Counts San Mateo County
for Little Steps Preschool; and
2.$17,000 from the San Mateo County Learning Hubs Expansion Fund.
Quality Improvement Grant
The City of South San Francisco’s (City)Little Steps Preschool is funded by the Big Lift grant administered by
the Silicon Valley Community Foundation.The grant requires that Big Lift preschool classrooms meet and
maintain a Tier 3 or higher rating on the San Mateo County Quality Rating and Improvement System (QRIS).
The City has entered into a QRIS Participation Agreement from July 1,2020 through June 30,2023 committing
to engaging in quality improvement activities at Little Steps Preschool.As part of the agreement,the San Mateo
County Office of Education has granted the City $5,000 to implement its action-oriented quality improvement
plans in 2020-2021.
QI grant funds will be used to upgrade the outdoor play spaces at Little Steps Preschool.With this funding,staff
is exploring options for installing artificial turf in the children’s play area.Artificial turf would allow the
children to have a year-round outdoor play space that conserves water and requires minimal maintenance.This
improvement will also benefit the children at Siebecker Preschool,since the two schools share the outdoor
space.
This $5,000 grant is the second QRIS grant received under the QRIS Participation Agreement.In November
2020,City Council approved the acceptance of $4,003 in QRIS grant money that was used to pay for teachers
to attend professional development trainings and purchase supplies such as library items,office supplies,
computer programs to help with teacher development,and educational software for teachers and children.
Purchases also included equipment such as blocks,dramatic play items,and storage containers that will be used
outdoors to help the program’s rating on the Early Childhood Environment Rating Scale (ECERS),a
component of QRIS.
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San Mateo County Learning Hubs Expansion Fund
On January 26, 2021, the San Mateo County Board of Supervisors approved $1.5 million to create the Learning
Hub Expansion Fund to increase the number of students from socioeconomically disadvantaged families who
can participate in learning hubs. This grant is administered by the Community Equity Collaborative. Applicants
must be a nonprofit or public entity located in San Mateo County; serve primarily students whose annual family
income is less than 80% of the area median income
<https://housing.smcgov.org/sites/housing.smcgov.org/files/2020x%20Income%20Limits%20revised%
2004272020.pdf>, and, if funded, will increase learning hub spaces for these students; and currently operate a
learning hub.
In February 2021, the Parks and Recreation Department (Department) applied for a grant from the Learning
Hub Expansion Fund to offset the cost of opening an additional classroom at its Los Cerritos Elementary
School learning hub. The cost of opening the classroom for the remainder of the school year (March - May)
was estimated to be $16,352. The Department was awarded $17,000.
The Department’s Childcare Program transitioned to operating learning hubs at all six school locations in which
it operates an after school program at the beginning of the 2020-21 school year. The Department already had
plans in place to add one more learning hub classroom at Los Cerritos Elementary School since November, but
temporarily put those plans on hold due to the severity of COVID case rates during the winter in addition to the
challenge of finding staff to serve a new classroom. The addition of this classroom is due to the high need at
Los Cerritos to support students who have been identified as struggling with distance learning, as well as
collaboration with the school to find dedicated classroom space in which to offer this program. The new
classroom opened on March 1, 2021 and serves a capacity of 12 children.
Los Cerritos and Martin Elementary Schools are part of the Department’s REAL Program, which is a grant-
funded after school enrichment program that is offered free of charge to participants. Both schools are Title 1
schools, meaning a high percentage of children come from low-income families. During COVID, the City
remained dedicated to continue offering this program for free and waiving any fees related to the additional cost
of offering a full-day learning hub. Half of the program continues to be covered by the Department’s annual
grant from the California Department of Education After School Education and Safety (ASES) grant program.
The City and SSFUSD are partners on the ASES grant. The other half of the funding comes from the City’s
General Fund, which is partially offset by CARES Act funding and the Learning Hub Expansion Fund.
FISCAL IMPACT
The Quality Improvement Grant funds will offset material costs to upgrade the outdoor play space at Little
Steps Preschool.The San Mateo County Learning Hubs Expansion Grant will enhance the Department’s
revenue,and will allow the Department to continue offering fee waivers to participants in the REAL Program.
Receipt of these funds does not commit the City to ongoing funding.
RELATIONSHIP TO STRATEGIC PLAN
Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping build a
robust recreation program.
CONCLUSION
It is recommended that the City Council adopt a resolution accepting $5,000 from Quality Counts San Mateo
County,and $17,000 from the San Mateo County Learning Hubs Expansion Fund for the Parks and Recreation
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County,and $17,000 from the San Mateo County Learning Hubs Expansion Fund for the Parks and Recreation
Department’s Childcare Program for Fiscal Year 2020-2021.
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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 #:21-159 Agenda Date:4/14/2021
Version:1 Item #:6a.
Resolution authorizing the acceptance of $5,000 from Quality Counts San Mateo County,and $17,000 from the
San Mateo County Learning Hubs Expansion Fund for the Parks and Recreation Department’s Childcare
Program for Fiscal Year 2020-2021.
WHEREAS,the Parks and Recreation Department’s Childcare Program continues to play an essential role in
response to the covid-19 pandemic by providing essential preschool and school-age childcare services; and
WHEREAS,the City of South San Francisco (City)received $5,000 from the 2020-2021 Quality Improvement
(QI)Grant from Quality Counts San Mateo County,which is administered by the San Mateo County Office of
Education; and
WHEREAS,the QI Grant will be used to upgrade the outdoor play space at Little Steps Preschool in an effort
to meet and maintain a Tier 3 or higher rating on the San Mateo County Quality Rating and Improvement
System (QRIS) as required by the QRIS Participation Agreement from July 1, 2020 through June 30, 2023; and
WHEREAS,the City received $17,000 from the San Mateo County Learning Hubs Expansion Fund,which is
administered by the Community Equity Collaborative; and
WHEREAS,San Mateo County Learning Hubs Expansion Fund will be used to offset the cost of opening an
additional classroom at its Los Cerritos Elementary School learning hub,thereby allowing the City to continue
offering this critical service to students at Los Cerritos at no charge;
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby
accepts $5,000 from Quality Counts San Mateo County,and $17,000 from the San Mateo County Learning
Hubs Expansion Fund for the Parks and Recreation Department’s Childcare Program for Fiscal Year 2020-
2021.
*****
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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 #:21-237 Agenda Date:4/14/2021
Version:1 Item #:7.
Report regarding a resolution determining the continued existence of an emergency and the need to continue
emergency repairs in response to the Sign Hill Diamond Fire.(Greg Mediati,Deputy Director of Parks and
Recreation)
RECOMMENDATION
It is recommended that the City Council adopt a resolution determining the continued existence of an
emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire.
On October 16,2020 at 11:54 a.m.,a fire ignited on Sign Hill originating on the western section of the iconic
letters.This was the third day of a regional Red Flag Warning with elevated temperatures,reduced humidity,
and a steady easterly wind.The wind pushed the fire quickly to the west across the southern face of the hill
through the grasses before spreading into the nearby tree groves.The incident commander realized the fire
would grow quickly and structures would be threatened.Additional resources were immediately called to the
scene to assist.
In total,five alarms of fire apparatus from South San Francisco and nearby agencies responded to the
emergency.Additionally,an agreement with California Forestry and Fire Department (CalFire)was utilized and
provided the City with their associated aircraft,hand crews and wildland firefighting equipment for the
incident.The fire burned for nearly three hours before being declared under control.Fire crews remained on
site for over two days to ensure all hot spots were extinguished and embers would not reignite.Fortunately,the
fire was kept to 16 acres and only caused minor property damage to three homes on Mountain Road,and no
one was injured,thanks to the fuel load reduction and fire break work completed in recent years and the fire
fighters great efforts.
Immediately after the fire,the City Manager’s Office,Parks and Recreation Department,Fire Department and
Public Works/Engineering staff met to discuss next steps to prepare the hill for the winter months.On October
22,2020,City Parks and Recreation staff completed a walkthrough and prepared an assessment of the state of
the Sign Hill environment and trails to evaluate the scale of fire damage.Based on staff’s assessment,two
phases of work were established -short term work to winterize the hill,remove hazards,and make it safe to
reopen,and longer term work to expand on the ongoing fuel load reduction and maintain firebreaks on Sign
Hill.
Due to the emergent nature of the short term work to prepare Sign Hill for wet weather,and potential debris
flows,falling trees,or the potential for future fire due to the buildup of fuel in the form of dead trees and brush,
it was determined an emergency declaration was needed to expedite the work.
At the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining
the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs.These repairs
largely include the removal of more than 1,500 trees directly impacted by the Diamond Fire for a contract total
not to exceed $900,000.Additionally,the City has executed a contract with Acacia Environmental Construction
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not to exceed $900,000.Additionally,the City has executed a contract with Acacia Environmental Construction
to perform immediate slope stabilization and erosion mitigation work on newly exposed and vulnerable sloped
areas for a contract total not to exceed $110,559.
For historical context,it should be noted that on September 12,2018,the City Council adopted a resolution
delegating authority to the City Manager to order any emergency action and enter into necessary contracts
pursuant to the provisions and restrictions of Public Contract Code Section 22050.
Tree Removals
Davey Tree Experts began their work on December 3,2020 focusing on the area near the Ridge Trail known as
Seubert Grove.At the time of drafting this report,this portion of the work is largely complete.The next phase
of work has begun and is focused on clearing the Iris Trail and Letters Trail of any hazardous trees.In each of
these areas,the trees being removed are largely being chipped on site to help with slope stabilization or are
safely stockpiled for use in restoration efforts on the hill.Some tree trunks of twelve inches or greater in
diameter may be left on the ground perpendicular to the slope of the hill.The smaller brush is being removed so
as not to serve as potential fuel for the next fire season.This work is in accordance with CalFire forestry
guidance.
The Seubert,Eucalyptus,and Ridge Trails have been cleared of hazardous trees within falling proximity to the
trails and were opened to the public starting on February 23,2021.At this time the Iris Trail and Letters Trail
remain closed as trees are still present near parts of these trails.Parks staff anticipates these trails to open by the
end of May.When these areas are made safe,the Parks Division will re-open these two trails and tree work will
shift focus to trees adjacent to residences on the hill in a preventative effort for the dry season in 2021.The
status of the trails on Sign Hill will be regularly updated on the City’s webpage under the Sign Hill link for
residents to access closure information.
Tree work is expected to continue through much of 2021.The month of March marked the beginning of bird
nesting season,and Parks staff are in the process of finalizing contracts to on-board Wood PLC,a biologist
consultant to survey for nesting birds.Performing bird nest surveys will allow for work to continue through the
nesting season.During the finalization of contracts,Davey Tree continued to clean up the large number of
downed trees that were felled prior to the nesting season.Surveying for bird nests during the tree work is
required by the Migratory Bird Act which provides protections to bird habitat.Staff has found it necessary to
continue work through the nesting season in order to open all trails to the public within a reasonable timeframe,
and to reduce the fuel load that still exists on the hill as much as possible prior to the next fire season.
Erosion Control
Acacia Environmental Construction was contracted to perform the erosion control efforts on December 11,
2020.Staff met with Acacia’s project team on December 14 to discuss the project’s priorities and phases of
work.Erosion control work began on December 28,2020,and consists of installation of check dams in
drainage areas and culverts,fiber waddle installation on steep slopes,and hydro-seeding barren areas of the hill
with a native seed blend,which in addition to the slope stabilization efforts will help re-establish the hill’s
native grassland ecosystem.Additionally,tree stumps and root mass from felled trees will be left in place to
help with slope stabilization. Mulch from removed trees was also spread to lessen rain impacts.
Acacia Environmental Construction has completed the erosion control work in early February 2021.The hydro-
seeding that was installed is already sprouting and beginning to take root as intended,providing crucial
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seeding that was installed is already sprouting and beginning to take root as intended,providing crucial
stabilization of hillsides and future native habitat for native species.
Emergency Continuation
Continuation of this emergency is necessary to continue the aforementioned work in response to the Diamond
Fire and safely re-open the park as soon as possible.Terminating the work now would leave hundreds of
hazardous trees in immediate proximity to paths of travel.
As required by Public Contract Code section 22050(c)(1),this emergency tree removal and erosion control
project will continue to be placed back on future regular City Council meeting agendas for the Council to
review this emergency action and determine whether there is a need to continue the action,until such
emergency repairs have been completed and the project terminated.Section 22050 requires the City Council
determine the continuance of the emergency by a four-fifths vote.Adoption of the associated resolution
authorizes the continuance of the emergency repair work to address the response to the Diamond Fire and
related repairs.
FISCAL IMPACT
Work for the immediate tree work and erosion control measures is estimated to be $1,010,559,though
subsequent work is needed to rehabilitate trails and park amenities,and for habitat restoration.Cost estimates
for that work are still being calculated. Currently, funding exists outside of the general fund for this project.
RELATIONSHIP TO STRATEGIC PLAN
This project will contribute to the City’s Strategic Plan under Priority #2 by helping to create sustainable parks
and open space areas, and under Priority #4 by enhancing public safety in and around Sign Hill.
CONCLUSION
Approving the resolution and adopting the findings will authorize the continuation of emergency repair work to
address the hazardous conditions as a result of the Diamond Fire on Sign Hill.Staff recommends that the City
Council determines that the emergency continues to exist and the emergency action,undertaken pursuant to the
City Manager’s delegated authority, remains necessary.
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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 #:21-238 Agenda Date:4/14/2021
Version:1 Item #:7a.
Resolution determining the continued existence of an emergency and authorizing procurement for emergency
remediation work relating to fire damage on Sign Hill in South San Francisco.
WHEREAS,on September 12,2018,the City Council adopted a resolution delegating authority to the City
Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and
restrictions of California Public Contract Code Section 22050; and
WHEREAS,on October 16,2020,a multi-alarm grass fire broke out on the western section of the iconic letters
at Sign Hill in South San Francisco,where multiple recreational trails are located and frequently used by the
public; and
WHEREAS,the wind pushed the fire quickly to the west across the southern face of the hill through the grasses
and spread into the nearby tree groves, killing hundreds of trees which now pose a public safety hazard; and
WHEREAS, the fire burned over 16 acres of land and damaged a significant number of trees and trails; and
WHEREAS,although the fire has been contained,the damaged trees have since become a falling hazard and
trails remain severely damaged or destroyed,creating an extremely dangerous condition for the public and
rendering the Sign Hill trails unsafe for trail users, and also required them to be closed to the public; and
WHEREAS,at the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution
determining the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs
including removal of more than 1,500 trees directly impacted by the wildfire; and
WHEREAS,in order to remediate such dangerous conditions,City staff retained consultants and contractors to
assess the scope of the damage,recommend corrective action,and undertake or contract for a substantial
amount of tree removal and trail repair/remediation work in order to restore the trails and other features of Sign
Hill to a safe condition as quickly as possible, and to subsequently re-open them to the public; and
WHEREAS,pursuant to the aforementioned delegated authority,the City solicited for and executed a contract
with Davey Tree Expert Company,for the emergency removal of more than 1,500 damaged or hazardous trees
for a contract total not to exceed $900,000; and
WHEREAS,in December 2020,the City solicited for and executed a contract with Acacia Environmental
Construction,for the emergency mitigation of potential erosion hazards within fire damaged areas on Sign Hill;
and
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WHEREAS,the dead trees remain in a precarious and dangerous condition for the public and additional
emergency mitigation work is still needed to eliminate the dangerous conditions.
FINDINGS
WHEREAS, the City Council of the City of South San Francisco hereby finds as follows:
A.The above recitals are true and correct and incorporated herein by this reference.
B.Pursuant to California Public Contract Code Section 20168,public interest and necessity
demand the immediate commencement of the above-described work at Sign Hill in South San Francisco and
the expenditure of public money for such work to safeguard life, health and property.
C.Pursuant to California Public Contract Code Section 22050 and the authority delegated by the
City Council on September 12,2018,and based on substantial evidence presented by the circumstances of the
Sign Hill fire and City staff’s assessments,including but not limited to those from the City’s Fire,Police,and
Parks &Recreation Departments,the staff report prepared concerning this resolution,and as set forth in this
resolution,the City Manager would continue to be authorized to order emergency tree removal,trail repair and
related work for the hazardous and threatening conditions at Sign Hill in South San Francisco.
D.Terminating the above-described emergency work and let the remaining work at Sign Hill to
competitive bidding would jeopardize public health,safety and welfare;risk additional damage to public and
private property;and result in the public incurring additional expense,including,but not limited to,additional
expense due to delay and further damage,due to the dangerous conditions of the falling trees and damage to
trails and other features of the Sign Hill area and such work is necessary to respond to the emergency
conditions at Sign Hill.Therefore,it remains that competitive bidding of such work would not produce an
advantage for the public.
E.Based on evidence presented in the record,the above-described emergency work continues to be
statutorily exempt from the requirements of the California Environmental Quality Act (CEQA)pursuant to
CEQA Guidelines Section 15269, subparagraphs (b) and (c).
NOW,THEREFORE,the City Council of the City of South San Francisco hereby does resolve,by at
least a four-fifths vote, as follows:
1.The above recitals and findings are true and correct and hereby declared to be findings of the City
Council of the City of South San Francisco.
2.The emergency conditions at Sign Hill in South San Francisco continue to exist and threaten public
health,welfare and safety;thus,emergency repair work continues to be necessary to address the hazardous and
threatening conditions of the falling trees and destructed trail improvements.The emergency work described in
this resolution continues to be exempt from California Public Contract Code competitive bidding requirements
pursuant to California Public Contract Code Sections 20168 and 22050.
3.The City Council continues to authorize City staff to procure contracts for the emergency work
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3.The City Council continues to authorize City staff to procure contracts for the emergency work
described in this resolution and the City Manager to execute such contracts on behalf of the City,as approved to
form by the City Attorney, and to take any other related action necessary to further the intent of this Resolution.
4.City staff is directed,in accordance with California Public Contract Code Section 22050(c)(1),to place
on future regular agendas of the City Council an item concerning the emergency work authorized pursuant to
this resolution so that the City Council may determine,by at least a four-fifths vote,whether there is a need to
continue the emergency work described above or whether such work may be terminated.
5.This resolution shall become effective immediately.
6.Each portion of this resolution is severable.Should any portion of this resolution be adjudged to be
invalid and unenforceable by a body of competent jurisdiction,then the remaining resolution portions shall be
and continue in full force and effect,except as to those resolution portions that have been adjudged invalid.The
City Council hereby declares that it would have adopted this resolution and each section,subsection,clause,
sentence,phrase and other portion thereof,irrespective of the fact that one or more section,subsection,clause
sentence, phrase or other portion may be held invalid or unconstitutional.
*****
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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 #:21-246 Agenda Date:4/14/2021
Version:1 Item #:8.
Report regarding a resolution authorizing the acceptance of $4,000 from AARP South San Francisco Chapter
#3156 and $300 from the South San Francisco Women’s Club for the Parks and Recreation Department for
Fiscal Year 2020-2021.(Greg Mediati, Deputy Director of Parks and Recreation)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the acceptance of $4,000 from
AARP South San Francisco Chapter #3156 and $300 from the South San Francisco Women’s Club for
the Parks and Recreation Department for Fiscal Year 2020-2021.
BACKGROUND/DISCUSSION
The purpose of this staff report is to recommend that City Council authorize the acceptance of the following
donations:
1.$4,000 from AARP South San Francisco Chapter #3156; and
2.$300 from the South San Francisco Women’s Club.
AARP South San Francisco Chapter #3156 Donation
The American Association of Retired Persons (AARP)is a national nonprofit organization focused on helping
adults ages 50 and older with services,advocacy,and information to enhance quality of life.AARP is
supported by many local chapters,such as AARP South San Francisco Chapter #3156 (Chapter #3156).The
Parks and Recreation Department’s (Department)Senior Services Program has been a long-time partner of
Chapter #3156,extending the benefits of AARP’s initiatives to local seniors.Chapter #3156 has also been an
official co-sponsored group for many years,which is a status approved by the Parks and Recreation
Commission to nonprofits that meet certain qualification including the need to be recreational in nature and
serve a majority of South San Francisco residents.The benefit of co-sponsorship includes receiving modest
staff support,inclusion of promotional materials in City publicity,ability to participate with Department events,
and reduced cost of facility usage as available.
Unfortunately,like many other nonprofit organizations,Chapter #3156 has struggled through the COVID
pandemic.The Department received a letter from Chapter #3156 dated February 21,2021 stating that the
organization would be dissolving their chapter by March 2021.As a result,as part of expending its remaining
funds,Chapter #3156 donated $4,000 for the Magnolia Center Food Box Program to help feed seniors in South
San Francisco.
South San Francisco Women’s Club
The generous members of the South San Francisco Women’s Club have donated $300 toward the Parks and
Recreation Department’s 90th Annual Easter Bunny Photo Hop.While the nonprofit group has made monetary
contributions to the event regularly in the past,their donation was not a guarantee this year due to the COVID
pandemic.The organization suspended community donations last November and as a result,absorbed a large
loss of income.When the subject was raised whether or not to contribute to the Department’s Easter Bunny
Photo Hop,SSF Women’s Club members were overwhelmingly supportive of the event and happy to raise the
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File #:21-246 Agenda Date:4/14/2021
Version:1 Item #:8.
funds again.
FISCAL IMPACT
Receipt of the donations identified in this report have no impact to the City’s general fund expenditures.
RELATIONSHIP TO STRATEGIC PLAN
Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping to build a
robust recreation program.
CONCLUSION
It is recommended that the City Council adopt a resolution accepting $4,000 from AARP South San Francisco
Chapter #3156,and $300 from the South San Francisco Women’s Club for the Parks and Recreation
Department for Fiscal Year 2020-2021.
The Parks and Recreation Department appreciates contributions from local community organizations that help
continue and enhance the Department’s mission to provide opportunities for physical,cultural and social well-
being;protect and enhance the physical environment;and ensure the effective and efficient use of public
facilities and open space.
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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 #:21-245 Agenda Date:4/14/2021
Version:1 Item #:8a.
Resolution authorizing the acceptance of $4,000 from AARP South San Francisco Chapter #3156 and $300
from the South San Francisco Women’s Club for the Parks and Recreation Department for Fiscal Year 2020-
2021.
WHEREAS,the Parks and Recreation Department received a $4,000 donation from AARP South San
Francisco Chapter #3156 for the Magnolia Center Food Box Program; and
WHEREAS,the Parks and Recreation Department received a $300 donation from the South San Francisco
Women’s Club for the 90th Annual Easter Bunny Photo Hop; and
WHEREAS,the Parks and Recreation Department appreciates contributions from local community
organizations that help continue and enhance the Department’s mission to provide opportunities for physical,
cultural and social well-being;protect and enhance the physical environment;and ensure the effective and
efficient use of public facilities and open space.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby
accepts $4,000 from AARP South San Francisco Chapter #3156 and $300 from the South San Francisco
Women’s Club for the Parks and Recreation Department for Fiscal Year 2020-2021.
*****
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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 #:21-254 Agenda Date:4/14/2021
Version:1 Item #:9.
Report regarding a resolution approving a First Amendment to the Purchase Agreement with Polydyne,Inc.for
the purchase of cationic and anionic polymers for an additional $180,000.(Brian Schumacker,Water Quality
Control Plant Superintendent)
Staff recommends that the City Council adopt a Resolution approving a First Amendment to the Purchase
Agreement with Polydyne,Inc.for an additional $180,000 for cationic and anionic polymer purchases in Fiscal
Year (FY) 2020-21.
BACKGROUND DISCUSSION
In May 2020,the City Council adopted Resolution No.20-349 to furnish bulk process chemicals at the Water
Quality Control Plant (WQCP) for the Fiscal Year (FY) 2020-21.
The WQCP routinely uses bulk chemicals to treat wastewater at the WQCP.These bulk chemicals include
coagulants used to remove solids.The City’s practice is to procure these chemicals at the beginning of the fiscal
year to establish competitive prices for the entire fiscal year.Bulk suppliers deliver chemicals as needed to
meet treatment demands.
Staff successfully negotiated a bulk rate discount for polymer into FY 2020-21 for polymers WE-527 and WE-
983. Polydyne honored the previous fiscal year’s per-gallon pricing, as shown in the below table.
Vendor Item Unit Cost
Polydyne Polymer WE-984 $10.880/gallon
Polydyne Polymer WE-527 $10.710/gallon
Three factors contributed to the need for the proposed First Amendment.First,Finance staff had to charge
approximately $106,000 of the polymer cost to the current fiscal year,although the WQCP received the
polymer during the previous fiscal year.Due to the Novel Coronavirus (COVID-19)pandemic lockdowns,the
vendor billing process lagged behind several months,pushing some of the FY 2019-20 invoices into FY 2020-
21.Second,due to the COVID-19 pandemic,freight vendors increased the polymer transportation costs.Last,
because the Digester Improvement Project is ahead of schedule,additional polymer purchases are required for
the startup, testing, and ongoing operation of the new system.
Given the facts discussed above,staff recommends amending the Polydyne Purchase Agreement approving an
additional $180,000 for the purchase of cationic and anionic polymers for FY 2020-21.
FISCAL IMPACT
Plant management includes the purchase of bulk chemicals in the WQCP’s annual operating budget with a
suitable contingency. Sufficient funds exist in the total bulk chemical budget to cover this contract amendment.
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RELATIONSHIP TO STRATEGIC PLAN
Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by
maintaining and improving infrastructure to serve the public.
CONCLUSION
Staff recommends that the City Council adopt a resolution approving the first contract amendment to purchase
cationic and anionic polymers for FY 2020-21 and authorize the City Manager to execute the necessary
agreement.
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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 #:21-255 Agenda Date:4/14/2021
Version:1 Item #:9a.
Resolution approving and authorizing the City Manager to execute a First Amendment to the Purchase
Agreement with Polydyne, Inc. for the purchase of cationic and anionic polymers for an additional $180,000.
WHEREAS,the City of South San Francisco uses bulk chemicals in its operation of the South San Francisco-
San Bruno Water Quality Control Plant (“WQCP”)and has an existing Purchase Agreement with Polydyne,
Inc. for such chemicals; and
WHEREAS,the increase in polymer transportation costs due to the COVID-19 pandemic and additional needs
for the startup,testing,and ongoing operation of the new Digester Improvement Project system led to the need
of additional purchases and an amendment to the Purchase Agreement; and
WHEREAS,City staff negotiated with Polydyne,Inc.,and that entity has agreed to discount pricing for twelve
months for SNF/polydyne for WE-527 polymer (solids dewatering)and SNF/polydyne for WE-984 polymer
(enhance primary treatment); and
WHEREAS,funding for the proposed First Amendment exists in the WQCP annual operating budget for fiscal
year 2020-21.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby approves a First Amendment to the Purchase Agreement with Polydyne,Inc.,attached hereto
and incorporated herein as Exhibit A,for cationic and anionic polymers for an additional $180,000 in fiscal
year 2020-21.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the First Amendment in
Exhibit A, on behalf of the City, subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other actions consistent
with this resolution's intent that does not materially increase the City's obligations.
*****
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FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND POLYDYNE INC.
THIS FIRST AMENDMENT TO THE CONTRACT PURCHASE AGREEMENT is made at
South San Francisco, California, as of March 02, 2021 by and between THE CITY OF SOUTH
SAN FRANCISCO (“City”), a municipal corporation, and Polydyne Inc. (“Contractor”),
(sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On March 26, 2020, City and Contractor entered that certain Contract Purchasing
Agreement (“Agreement”) whereby Contractor agreed to sell and deliver cationic and anionic
polymer emulsion to City. A true and correct copy of the Agreement and its exhibits is attached
as Exhibit A.
B. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and
Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in this
Amendment, unless specifically provided herein to the contrary.
2. Section 4: Purchase Price. Section 4 of the Agreement shall be amended such that the
total compensation for products purchased by City under the Agreement shall not exceed $
524,964.01, with the understanding that up to $344,964.01 has already been paid to
Contractor.
Contractor agrees this is the City’s total contribution for payment of costs under the
Agreement unless additional payments are authorized in accordance with the terms of the
Agreement and said terms of payment are mutually agreed to by and between the parties in
writing.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If
there is a conflict between the terms of this Amendment and the Agreement, the terms of the
Agreement will control unless specifically modified by this Amendment.
[SIGNATURES ON THE FOLLOWING PAGE]
Dated:
CITY OF SOUTH SAN FRANCISCO CONTRACTOR
Polydyne Inc.
By: By:
Mike Futrell, City Manager Boyd Stanley, Vice President
Approved as to Form:
By:
City Attorney
3705927.1
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-270 Agenda Date:4/14/2021
Version:1 Item #:10.
Report regarding adoption of Resolution of Intention to Issue Tax-Exempt Obligations related to the Civic
Campus and Street Paving Program.(Jason Wong, Deputy Finance Director)
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution of Intention to Issue Tax-Exempt
Obligations.
BACKGROUND/DISCUSSION
Under the Internal Revenue Code,an issuer of tax-exempt debt (such as the City or the City of South San
Francisco Public Facilities Financing Authority (the “Authority”))may reimburse itself for certain costs spent
on capital projects from proceeds of tax-exempt debt so long as the issuer takes an official action stating the
intention to make such reimbursements.The City has and expects to continue to pay for costs of the Civic
Center Campus and the Street Paving Program from available City funds.The City may also pay for costs of
solar panels and related improvements at various City sites.The Authority expects to issue tax-exempt debt
to finance the costs of the foregoing capital improvements.Adoption of the resolution presented at this
meeting would constitute the official action of the City to allow the City to reimburse itself for certain of such
project costs from proceeds of tax-exempt debt.As set forth in the resolution presented and as required by the
United States Treasury regulations,there are certain time limits associated with the expenditures that may be
reimbursed.
The adoption of the resolution of intention to issue tax-exempt obligations does not obligate the City or the
Authority to issue any debt;rather,it provides the City flexibility to reimburse costs from future tax-exempt
debt proceeds.The anticipated maximum amount of the project costs to be reimbursed is $110 million.Staff
expects to come back to City Council next month for a resolution authorizing the sale of the bonds.The
pricing of the bonds is currently scheduled for the week of May 24, 2021.
FISCAL IMPACT
There is no fiscal impact to the City.
RELATIONSHIP TO STRATEGIC PLAN
Adoption of this resolution of intention to issue tax-exempt bonds will provide the City with flexibility to
reimburse itself capital costs from tax-exempt bond proceeds.The issuance of tax-exempt bonds is consistent
with the City’s strategic priorities of borrowing at low interest rates.
CONCLUSION
The resolution presented provides the City with flexibility to reimburse itself capital costs from tax-exempt
debt proceeds issued in the future.
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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 #:21-271 Agenda Date:4/14/2021
Version:1 Item #:10a.
Resolution of the City of South San Francisco Regarding Intention to Issue Tax-Exempt Obligations related to
the Civic Campus and Street Paving Program.
WHEREAS,City of South San Francisco (the “City”),a municipal corporation and general law city duly
organized and existing under and pursuant to the Constitution and laws of the State of California (the “State”),
proposes to undertake the financing of the acquisition,construction and installation of certain improvements,
betterments, renovations and expansions of facilities (as described in Exhibit A, collectively, the “Project”); and
WHEREAS,the City intends to finance the acquisition,construction and installation of the Project or portions
of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross
income for federal income tax purposes (the “Obligations”); and
WHEREAS,the City desires to pay certain costs with respect to the Project prior to the issuance of the
Obligations from available moneys of the City and to reimburse itself for such costs from a portion of the
proceeds of the sale of the Obligations; and
NOW, THEREFORE, the City of South San Francisco, does hereby resolve as follows:
1.The City Council of the City (the “City Council”)hereby specifically finds and declares that
each of the statements,findings and determinations of the City that are set forth in the above
recitals are true and correct.
2.The City reasonably expects,and hereby states its intention,to reimburse itself for Project costs
incurred prior to the issuance of the Obligations with proceeds of the Obligations.Exhibit A
describes either the general character,type,purpose,and function of the Project or the fund or
account from which Project costs are to be paid and the general functional purpose of the fund or
account.
3.The reasonably expected maximum principal amount of the Obligations that is anticipated to be
used for such reimbursement is $110,000,000.
4.Except as described in Section 8 below,this resolution is being adopted not later than 60 days
after the payment of the original expenditures (the “Expenditures Date or Dates”).
5.Except as described in Section 8 below,the expected date of issue of the Obligations will be
within 18 months of the later of:(a)the Expenditure Date or Dates;or (b)the date that the
Project is placed in service;provided that the reimbursement may not be made more than three
years after the Expenditure Date or Dates.
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6.Proceeds of the Obligations to be used to reimburse the City for Project costs are not expected to
be used,within one year of reimbursement,directly or indirectly to pay debt service with respect
to any obligation (other than to pay current debt service coming due within the next succeeding
one year period on any tax-exempt obligation of the City (other than the Obligations))or to be
held as a reasonably required reserve or replacement fund with respect to an obligation of the
City or any entity related in any manner to the City,or to reimburse any expenditure that was
originally paid with the proceeds of any obligation,or to replace funds that are or will be used in
such manner.
7.This resolution is consistent with the budgetary and financial circumstances of the City as of the
date hereof.No moneys from sources other than the Obligations are,or are reasonably expected
to be,reserved,allocated on a long-term basis or otherwise set aside by the City (or any related
party)pursuant to their budget or financial policies with respect to the Project costs.To the best
of our knowledge,this City Council is not aware of the previous adoption of official intents by
the City that have been made as a matter of course for the purpose of reimbursing expenditures
and for which tax exempt obligations have not been issued.
8.The limitations described in Sections 4 and 5 above do not apply to:(a)costs of issuance of the
Obligations;(b)an amount not in excess of the lesser of $100,000 or five percent (5%)of the
proceeds of the Obligations;or (c)any preliminary expenditures,such as architectural,
engineering,surveying,soil testing,and similar costs other than land acquisition,site
preparation,and similar costs incident to commencement of construction,not in excess of
twenty percent (20%)of the aggregate issue price of the Obligations that finances the Project for
which the preliminary expenditures were incurred.
9.This resolution is adopted as official action of the City in order to comply with Treasury
Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the
qualification for reimbursement of City expenditures incurred prior to the date of issue of the
Obligations,is part of the City’s official proceedings,and will be available for inspection by the
general public at the main administrative office of the City.
10.This resolution authorizes the Finance Director to take all necessary and appropriate actions to
carry out the intent of this resolution.
11.This resolution shall take effect immediately upon its passage.
*****
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A-1
EXHIBIT A
DESCRIPTION OF PROJECTS
Community Civic Campus Projects:
Phase 2 Improvements – Library, Parks and Recreation, Community Theater and Council
Chamber facilities and associated facilities and improvements
Phase 3 Improvements – Fire Station and associated facilities and improvements
City-Wide Projects
Rehabilitation of existing streets and roadways and construction of new streets and roadways
and associated improvements, including those that are part of the City’s Street Paving
Program.
Solar Projects
Solar panels and related improvements to be located on City facilities.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-260 Agenda Date:4/14/2021
Version:1 Item #:11.
..Title
Report regarding adopting a resolution approving the appropriation of funding for the Economic Mobility
Resource hub,professional services agreements with Renaissance Entrepreneurship Center and JobTrain,and
accepting a contribution from Lane Partners for the new Economic Mobility Resource Hub in South San
Francisco.(Mike Lappen and Ernesto Lucero,Economic Development Coordinators,and Nell Selander,Deputy
Director, Economic and Community Development Department)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution:
1.Approving a total appropriation of $2 million to fund at least two years of operations of the
Economic Mobility Resource Hub (Hub);
2.Approving a professional services agreement with JobTrain for $403,916 for the first year of
services for a new workforce development program in South San Francisco;
3.Approving a professional services agreement with Renaissance Entrepreneurship Center for
$467,000 for the first year of services for a new small business and entrepreneurship assistance
program in South San Francisco; and
4.Accepting a private contribution of $10,000 from Lane Partners for the Hub.
BACKGROUND
On February 23,2021,the City Council held a study session to discuss two economic mobility initiatives:a
Partnership for Workforce Development and a Small Business and Entrepreneurship Center in South San
Francisco. Council directed staff to proceed with implementing both programs.
The City solicited qualified partners to help implement the two economic mobility initiatives through a Request
for Qualifications (RFQ)process which concluded on March 3,2021.JobTrain was ranked as the most
qualified partner on the implementing the workforce development component,and Renaissance
Entrepreneurship Center (Renaissance)was ranked as the most qualified partner on implementing the small
business resource and entrepreneurship component.
On March 9,2021,the San Mateo County Board of Supervisors approved $200,000 for a North County Small
Business and Entrepreneurship Resource Center.At the Board’s meeting,County staff proposed this Center be
located in South San Francisco and be coordinated with the efforts of the City.A Memorandum of
Understanding (MOU)between the County and City was subsequently approved by the Board of Supervisors
on March 23,2021,and at the South San Francisco City Council on March 24,2021.On March 26,2021,real
estate developer,Lane Partners LLC,contacted the City to offer a private contribution to these initiatives in the
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amount of $10,000.
On March 30,2021,City Council held a study session on the American Rescue Plan Act of 2021 (American
Rescue Plan),which will provide the City $12.3 million,the first half payable in 2021,and the second half in
2022.One of the programs identified by staff at the March 30th study session was an Economic Mobility
Resource Hub,including both the Partnership in Workforce Development and the Small Business Resource and
Entrepreneurship Center.
DISCUSSION
As discussed above,the Economic Mobility Resource Hub will have two primary components,the workforce
development program and the small business and entrepreneurship program.In addition to these supportive
services and trainings these programs will provide to residents and businesses in the South San Francisco
community,the Hub may also host other supportive services,such as housing resources,food assistance,and
more.
The discussion below outlines three significant components of the Hub and the appropriation sought through
the associated resolution:
1.A workforce development program,
2.A small business and entrepreneurship program, and
3.A physical location in Downtown South San Francisco.
1.Workforce Development
As discussed above,the City issued an RFQ on February 3,2021 seeking a qualified contractor and/or non-
profit organization to provide a full range of services to help the City develop and operate a comprehensive and
sustainable workforce development program for South San Francisco residents.
RFQ Submittals & Recommended Partner
In response to the RFQ,the City received letters of interest from three firms:JobTrain,America Works of
California, and ACT. The three submittals are summarized as follows:
JobTrain
JobTrain is a local nonprofit that is well-established in the Bay Area,including the Peninsula.It works
closely with NOVAworks,the City of San Jose,and the City of East Palo Alto.JobTrain proposes to form a
strategy team to identify key stakeholders,analyze community need,understand employment needs and
trends, and develop a comprehensive, multi-year workforce development strategy for South San Francisco.
America Works
America Works of California,Inc.(AWCA),a certified woman-owned business,is part of the America
Works network of companies (AW)which are legally separate entities that share institutional knowledge
under the leadership of CEO,Dr.Lee Bowes.AWCA utilizes a rapid attachment to work method,which is
based on the theory that once an individual finds employment, other aspects of their life fall into place.
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ACT
ACT,Inc.is a non-profit organization that has a more than 60 year history in education and workplace
assessment.They do not currently provide services to any jurisdictions in the Bay Area,but offer a set of
workforce solutions, along with a team of dedicated professionals.
Submittals were reviewed and scored by Economic &Community Development staff (the Director,Deputy
Director,and Economic Development Coordinator)and by the South San Francisco Chamber of Commerce
Chief Executive Director.JobTrain received the highest score as the most qualified partner for the workforce
development initiative. Attachment 1 summarizes the scores.Staff interviewed the two highest scoring firms.
Contract for Services with JobTrain
During the first year of services in South San Francisco,JobTrain projects to serve at least 100 residents of
South San Francisco.JobTrain will begin operations in rapid response mode,focused largely on rapid
employment and supportive service delivery,and expanding to classroom trainings as funding is available.
They anticipate staffing up the South San Francisco program,finalizing program guidelines,and launching
rapid employment and supportive services early in the summer.
In parallel with the launching of the rapid response services,JobTrain will take the lead in forming a strategy
team to identify key stakeholders,analyze community need,understand employment needs and trends,and
develop a comprehensive,multi-year workforce development strategy for South San Francisco.They currently
anticipate completing this strategy by the fall.
Performance metrics by which JobTrain’s contract will be evaluated include enrollment in job readiness
services and rapid employment services,enrollments in other trainings,completion of trainings,job placement,
average wages,and employer engagement.The full scope of services is included in the professional services
agreement attached to the associated resolution.
The budget for the first year of JobTrain’s services is $403,916.
2.Small Business and Entrepreneurship Center
Staff issued a separate RFQ on February 3,2021 for a new partnership to develop and implement a Small
Business and Entrepreneurship Center in South San Francisco.Specifically,the Center would be focused on
partnering with firms,organizations,and business service providers that have proven experience in assisting
small businesses and entrepreneurs with targeted technical assistance,accessing capital,and overall support
with post-COVID business recovery and long-term sustainability.
RFQ Submittals & Recommended Partner
In response to the RFQ,the City received letters of interest from three firms:Renaissance Entrepreneurship
Center, Revby, and San Mateo County Energy Watch. The three submittals are summarized as follows:
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Renaissance Entrepreneurship Center
Renaissance Entrepreneurship Center (Renaissance)is a 36-year-old Bay Area nonprofit organization that
provides intensive entrepreneurship training,access to capital and resources,and ongoing technical support
for small businesses.Renaissance works to increase the entrepreneurial capacities of individuals,strengthen
communities through sustainable new businesses and job creation,and promotion of financial self-
sufficiency.Renaissance serves over 2,000 individuals each year at four centers in South of Market and
Bayview Hunters Point in San Francisco,Richmond (serving Alameda and Contra Costa Counties),and
East Palo Alto (serving San Mateo and Santa Clara Counties).
Revby
Revby is a coaching,consulting,and technical assistance provider for small businesses with a large
presence on the East Coast.The firm works directly with small business owners and entrepreneurs,in
addition to providing technical assistance services contracted by non-profit organizations and municipalities
that share a mission to support small business economic development,particularly in urban,diverse,
moderate to lower income, or otherwise economically distressed neighborhoods.
San Mateo County Energy Watch
The San Mateo County Office of Sustainability works with small businesses throughout the County to
provide technical assistance on energy efficiency,resource conservation,alternative transportation,and
greenhouse gas emission reduction.Through these efforts,the County assists small businesses with targeted
programs that include San Mateo County Energy Watch,Green Business Program,BayREN Commercial
Program, Peninsula Clean Energy’s EV Ready Program, and the County Waste Program.
Submittals were reviewed and scored by Economic &Community Development staff (the Director and
Economic Development Coordinator),the County’s Deputy County Manager,and a representative of the San
Mateo County Economic Development Association (SAMCEDA).Renaissance received the highest score as
the most qualified partner for the small business resource and entrepreneurship initiative.Attachment 2
summarizes the scores.
Contract for Services with Renaissance
During the first year of the small business assistance and entrepreneurial support,Renaissance will offer a
hybrid of both virtual and in-person services to include small business training classes and workshops,
technology training,legal and tax assistance,one-on-one consulting,business incubation,resources and support
to access capital,and provide networking opportunities for new entrepreneurs.The services will initially be
offered in both English and Spanish.Renaissance will work with the City and County to increase access to
services in other languages as the program is implemented.The full scope of services is included in the
professional services agreement attached to the associated resolution.
The budget for the first year of Renaissance’s services is $467,000.
Partnership with County of San Mateo
As previously approved by Council,the City and County intend to enter into a Memorandum of Understanding
(MOU)for the small business and entrepreneurship services provided at the Hub.The Board of Supervisor’s
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(MOU)for the small business and entrepreneurship services provided at the Hub.The Board of Supervisor’s
$200,000 appropriation may be spent on Renaissance’s contract or hard costs associated with establishing a
location for the program in South San Francisco.Owing to this financial contribution,the small business and
entrepreneurship program will serve northern San Mateo County,with priorities built in to ensure sufficient
South San Francisco businesses and residents are served to justify the City’s investment.
3.Physical Location in Downtown South San Francisco
Staff are working diligently to secure a suitable site for the Economic Mobility Resource Hub in Downtown
San Francisco.Both Renaissance and JobTrain will be hiring new staff to work full time from this facility.It
will provide a one-stop-shop for under-resources residents and business owners to access free resources and
guidance.
Staff estimate the first year of lease payments for a potential space in the Downtown,as well as a simple tenant
improvement and basic furnishings and technology to amount to roughly $200,000 to $300,000.Staff will
present the terms and form of a lease to Council for approval once fully negotiated.
FISCAL IMPACT
The projected cost for the above described effort is currently estimated to be at least $2 million.The associated
resolution to this report would approve the total appropriation of $2 million from the City’s General Fund,with
the expectation that the American Rescue Plan (ARP)funds would make the City whole for such efforts.The
first tranche of ARP monies is expected to be received in May 2021.
Further,staff views the City’s appropriation for the Economic Mobility Resource Hub as the first funds in,but
the last spent.What this means is that the City’s initial $2 million appropriation will last at least two years,but
may well last several years beyond that as staff secure additional funding from partners like the County,grants
from the State and federal government,and support from philanthropic and corporate donors.What follows is a
brief discussion of the funding streams staff are already pursuing.
Congressional Earmark
With the support of Congresswoman Jackie Speier’s Office,staff have submitted a $1 million Congressional
Earmark request to support the full operations of the Hub.If awarded,funds would begin to be available in
October 2021 and would have to be spent within one year of award.These funds would largely supplant the
City’s appropriation in the first full fiscal year of the program.
One variation to the scopes discussed above is that if the Congressional Earmark is granted,the workforce
development program would be expanded to serve residents of northern San Mateo County,like the small
business and entrepreneurship program.This program expansion is considered necessary to entice federal
investment in the project.
State Workforce 9.0 Program
The City,in partnership with the West Oakland Jobs Resource Center and the City of Napa,has applied for
grant funding through the State’s Workforce 9.0 Program.Staff elected to partner with other agencies because it
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File #:21-260 Agenda Date:4/14/2021
Version:1 Item #:11.
grant funding through the State’s Workforce 9.0 Program.Staff elected to partner with other agencies because it
maximizes the City’s chances of an award,as the State prefers to see regional approached to workforce
development.If awarded in July 2021,the City would receive $150,000 to support the workforce development
program.
U.S. Economic Development Administration
City staff met with a representative of the U.S.Economic Development Administration (EDA)regarding
possible funding opportunities.EDA expect a Notice of Funding Opportunity (NOFO)to be released in May or
June stemming from the American Rescue Plan.Under the guidelines developed for the CARES Act funding in
2020,EDA staff suggested that the small business and entrepreneurship program could be a good fit for the
upcoming NOFO.If awarded,up to 80%of Renaissance’s contract could be funded by EDA.Staff will
diligently pursue this funding.
Corporate Contributions & Partnerships
As previously noted,Lane Partners approached the City with the request to contribute $10,000 to the City’s
workforce development and small business and entrepreneurship programs.The resolution being considered by
Council accepts this contribution.
Staff believe this is just the beginning of corporate contributions and partnership for the Economic Mobility
Resource Hub.The workforce development program is particularly ripe for corporate support as some of the
City’s larger employers benefit from its skills enhancement,career training,and job placement services.Staff
will continue to pursue all opportunities for corporate support for the Hub.
CONCLUSION
This report provides the Council with a resolution for approval that would take action on the following items.
1.Approving appropriating $2 million to fund at least two years of operations of the Economic Mobility
Resource Hub (Hub);
2.Approving a professional services agreement with JobTrain for $403,916 for the first year of services
for a new workforce development program in South San Francisco;
3.Approving a professional services agreement with Renaissance Entrepreneurship Center for $467,000
for the first year of services for a new small business and entrepreneurship assistance program in South
San Francisco; and
4.Accepting a private contribution of $10,000 from Lane Partners for the Hub.
Attachments:
1.Workforce Development Scoring Matrix
2.Small Business & Entrepreneurship Scoring Matrix
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Attachment 1
Workforce Development Scoring Matrix
RFQ Submittal – March 3, 2021
Workforce Development
Scoring Matrix
Organization
Staff Reviewer
Criteria - Submittal Maximum
Points
Scored
Points
Organization submitted a Letter of Interest (LOI) 5
Total Possible Points in this section 5
Criteria - Qualifications Maximum
Points
Scored
Points
Organization Experience, with an emphasis on relevant experience
in the Bay Area.
15
Submittal identifies organization leadership and staff that would be
involved.
10
Description of relevant services provided for this project 15
Are services currently being offered to the South San Francisco
community?
5
Would services be offered to the non-English speaking local
community?
10
Has the organization provided an estimated overview of how their
services are funded elsewhere?
5
Description of experience in attracting other funding sources. 10
References provided. 5
Total possible points in this section 75
(Up to 80 points total)
Workforce Development Submittal Scoring
Reviewer A Criteria
Max
Score ACT America Works JobTrain
Organization Submitted LOI 5 5 5 5
Experience 15 15 15 15
Leadership and staffing 10 5 7 9
Relevant Services Provided 15 6 12 15
Currently Offered in SSF 5 0 3 4
Non-English Services 10 2 8 8
Overview of How Services Funded 5 3 3 5
Attracting Other Funding 10 2 3 8
References 5 5 5 5
TOTAL 80 43 61 74
Reviewer B Criteria
Max
Score ACT America Works JobTrain
Organization Submitted LOI 5 5 5 5
Experience 15 8 12 14
Leadership and staffing 10 7 5 10
Relevant Services Provided 15 12 11 13
Currently Offered in SSF 5 0 2 5
Non-english services 10 3 8 7
Overview of How Services Funded 5 1 3 3
Attracting Other Funding 10 5 9 10
References 5 3 5 5
TOTAL 80 44 60 72
Reviewer C Criteria
Max
Score ACT Americaworks JobTrain
Organization Submitted LOI 5 5 5 5
Experience 15 0 15 15
Leadership and staffing 10 6 7 10
Relevant Services Provided 15 10 15 15
Currently Offered in SSF 5 0 0 5
Non-english services 10 10 10 10
Overview of How Services Funded 5 5 0 5
Attracting Other Funding 10 0 10 10
References 5 5 5 5
TOTAL 80 41 67 80
Reviewer D Criteria
Max
Score ACT Americaworks JobTrain
Organization Submitted LOI 5 5 5 5
Experience 15 5 13 15
Leadership and staffing 10 10 8 10
Relevant Services Provided 15 7 15 15
Currently Offered in SSF 5 0 0 5
Non-english services 10 6 9 8
Overview of How Services Funded 5 0 5 5
Attracting Other Funding 10 0 10 8
References 5 5 5 5
TOTAL 80 38 70 76
Total Scoring
ACT AmericaWorks JobTrain
Scored Points 42.67 62.67 75.33
Out of Total Points 80 80 80
Percentage 53% 78% 94%
Attachment 2
Business Resource and Entrepreneurship Center –
Scoring Matrix
RFQ Submittal – March 3, 2021
Small Business Resource and Entrepreneurship Center
Scoring Matrix
Organization
Staff Reviewer
Criteria - Submittal Maximum
Points
Scored
Points
Organization submitted a Letter of Interest (LOI) 5 5
Total Possible Points in this section 5 5
Criteria - Qualifications Maximum
Points
Scored
Points
Organization Experience, with an emphasis on relevant experience
in the Bay Area.
15
Submittal identifies organization leadership and staff that would be
involved.
10
Description of relevant services provided for this project 15
Are services currently being offered to the South San Francisco
community?
5
Would services be offered to the non-English speaking local
community?
10
Has the organization provided an estimated overview of how their
services are funded elsewhere?
5
Description of experience in attracting other funding sources. 10
References provided. 5
Total possible points in this section 75
(Up to 80 points total)
SSF Small Business and Entrepreneurship Resource Center Contractor Proposals
Reviewer A Criteria
Max
Score Revby Energy Watch Renaissance
Relevent Bay Area Experience 15 0 5 15
Staffing 10 7 2 10
Service description 15 10 5 15
Work in SSF 5 0 2 5
Non-english services 10 10 0 10
Outside Funding 5 3 2 5
Attracting Other Funding 10 0 2 10
References 5 0 2 5
TOTAL 75 30 20 75
Reviewer B Criteria
Max
Score Revby Energy Watch Renaissance
Relevent Bay Area Experience 15 8 4 13
Staffing 10 10 6 10
Service description 15 15 5 14
Work in SSF 5 0 5 4
Non-english services 10 7 4 7
Outside Funding 5 1 3 5
Attracting Other Funding 10 3 5 10
References 5 4 5 5
TOTAL 75 48 37 68
Reviewer C Criteria
Max
Score Revby Energy Watch Renaissance
Relevent Bay Area Experience 15 6 12 15
Staffing 10 8 7 7
Service description 15 14 5 14
Work in SSF 5 0 4 4
Non-english services 10 8 5 7
Outside Funding 5 1 3 4
Attracting Other Funding 10 2 6 8
References 5 5 5 5
TOTAL 75 44 47 64
Total Scoring
Revby Energy Watch Renaissance
Scored Points 40.67 34.67 69
Out of Total Points 80 80 80
Percentage 51% 43% 86%
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-266 Agenda Date:4/14/2021
Version:1 Item #:11a.
Resolution approving the appropriation of funding for the Economic Mobility Resource Hub,professional
services agreements with Renaissance Entrepreneurship Center and JobTrain,and accepting a contribution from
Lane Partners for the new Economic Mobility Resource Hub in South San Francisco.
WHEREAS,on February 23,2021,the City Council held a study session to explore and discuss two Economic
Mobility initiatives:a Partnership for Workforce Development and a Small Business and Entrepreneurship
Center in South San Francisco; and
WHEREAS, the City Council directed staff to proceed with continuing to implement both programs; and
WHEREAS,the City solicited qualified partners to help implement the two Economic Mobility initiatives
through a Request for Qualifications (RFQ) process which concluded on March 3, 2021; and
WHEREAS,JobTrain was ranked as the most qualified partner to implement the workforce development
component,and Renaissance Entrepreneurship Center (Renaissance)was ranked as the most qualified partner
to implement the small business resource and entrepreneurship component; and
WHEREAS,on March 9,2021,the San Mateo County Board of Supervisors approved $200,000 for a North
County Small Business and Entrepreneurship Resource Center; and
WHEREAS, at the Board’s meeting, County staff proposed this Center be located in South San Francisco; and
WHEREAS,a Memorandum of Understanding (MOU)between the County and City was subsequently
approved by the Board of Supervisors on March 23, 2021, and at the City Council on March 24, 2021; and
WHEREAS,on March 26,2021,real estate developer,Lane Partners LLC,contacted the City to offer a private
contribution to these initiatives in the amount of $10,000; and
WHEREAS,on March 30,2021,City Council held a study session on the American Rescue Plan Act of 2021
(American Rescue Plan) which provides the City $12.3 million, payable half in 2021, and half in 2022; and
WHEREAS,while the City Council wishes to appropriate General Fund dollars for the Economic Mobility
Hub,it is with the understanding that the City will be receiving this allotment of ARP funds to offset this
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File #:21-266 Agenda Date:4/14/2021
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Hub,it is with the understanding that the City will be receiving this allotment of ARP funds to offset this
appropriation; and
WHEREAS,scopes of work with JobTrain and Renaissance have been negotiated for the first year of
operations; and
WHEREAS,staff anticipates the first year of lease payments and tenant improvements to cost roughly
$200,000 to $300,000; and
WHEREAS,staff anticipate the initial appropriation of $2 million will support at least two years of operations
of the Economic Mobility Resource Hub.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby takes the following actions:
1.The foregoing recitals are true and correct and incorporated herein as part of this Resolution; and
2.Appropriates up to $2 million from the City’s General Fund to support the operations of the Economic
Mobility Resource Hub; and
3.Approves a professional services agreement JobTrain for $403,916 for the first year of services for a
new workforce development program in South San Francisco, incorporated herein as Exhibit A; and
4.Approves a professional services agreement with Renaissance Entrepreneurship Center for $467,000 for
the first year of services for a new small business and entrepreneurship assistance program in South San
Francisco, incorporated herein as Exhibit B; and
5.Accepts a private contribution of $10,000 from Lane Partners, LLC to be allocated to the initiatives; and
6.Authorizes the Finance Director to take all necessary budgetary actions to carry out the intent of this
Resolution, which may straddle appropriations across multiple fiscal years; and
7.Authorizes the City Manager to take any other related actions necessary to carry out the intent of this
Resolution.
*****
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
JobTrain
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and JobTrain (“Consultant”) (together sometimes referred to as the “Parties”) as of April
14, 2021 (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
April 15, 2022, the date of completion specified in Exhibit A, and Consultant shall complete the work
described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Consultant to complete the services required
by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
The Agreement may be extended for additional 12 months, upon mutual agreement by the Parties, and City
Council approval if the dollar amount warrants a need for such action.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $403,916,
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 render ed
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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 Consu ltant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for services perfo rmed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (800) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. City shall have no obligation to pay invoices
submitted ninety (90) days past the performance of work or incurrence of cost.
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2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and submittal to City
of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as Exhibit B.
2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by
this Agreement Are specific to the identified budget in Exhbit A – Scope of Work.
Expenses not listed above are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under Section 2 of this Agreement
that shall not be exceeded.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides
City with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required
by law. Consultant shall obtain, and maintain on file for three (3) years after the termination
of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-
California resident subcontractor and shall submit written documentation of compliance
with Consultant’s withholding duty to City upon request. .
2.8 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 adequa te logs and
timesheets in order to verify costs incurred to that date.
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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 C onsultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770 1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a
schedule showing all determined prevailing wage rates for the various classes of laborers
and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by the Consultant in connection with the public work. Such records shall be
certified and submitted weekly as required by Labor Code Section 1776.”
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to 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
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City of South San Francisco and JobTrain Page 5 of 17
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 pr ocure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator (as defined in
Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggrega te 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
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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 n ot
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self -insured retention shall
not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
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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 th at
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
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.
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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.
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 fo r such
insurance from any sums due under the Agreement;
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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 harml ess
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 pr oviding services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would o therwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which C onsultant
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 s ervices under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
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all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federa l, 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.
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Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City all materials described in Section
9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for he rein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 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:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cos t to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consul tant 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 publ ic 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
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the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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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 i n 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 violat ion 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 the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
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Consultant:
JobTrain
1200 O’Brien Drive
Menlo Park, CA 94025
attn: Barrie Hathaway, President & CEO
(650) 330-6500
bhathaway@jobtrainworks.org
City:
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Mike Futrell, City Manager
(650) 877-8502
Mike.futrell@ssf.net
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 Consultants
____________________________ _____________________________________
City Manager NAME: Barrie Hathaway
TITLE: President & CEO
Attest:
_____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2729962.1
1
EXHIBIT A
Partnership for Workforce Development
Project Scope of Work
For the initial phase of this project JobTrain projects to serve at least 100 residents of South San Francisco
each year in a rapid response mode focused largely on rapid employment and supportive, and service
delivery, expanding to classroom trainings as funding is available. We anticipate launching initial rapid
employment and supportive services July 1, 2021. Performance metrics will include: enrollment in job
readiness services and rapid employment services; enrollments in other trainings; completion of trainings;
job placement; average wages and employer engagement.
Services Provided to Residents
Because the full-scope workforce development strategy is yet to be developed, in parallel with the
launching of the rapid response services in phase one, JobTrain will take the lead in forming a strategy
team with South San Francisco to identify key stakeholders, analyze community need , understand
employment needs and trends, and develop a comprehensive, multi-year workforce development strategy
for South San Francisco. We currently anticipate completing this strategy by the end of September 2021.
JobTrain will seek partners to deliver services outside of our expertise. However, because JobTrain
currently operates a broad and deep array of services, we anticipate that the most urgent needs can be met
utilizing our existing expertise. Following is a description of the primary services and programs currently
being delivered by JobTrain:
Occupational/Work Readiness Assessments: JobTrain’s assessment establishes a threshold for
essential skills and personal readiness for clients ready to move into competitive employment. The
assessments discover how clients would react in a given scenario, what they think is the most
appropriate response to a particular set of circumstances, and their own on -the-job ethics and
priorities. This assessment is a part of the clients Individual Service Plan (ISP). However, this
assessment may not be needed for clients who have had a solid employment history and are just
looking to find a better job.
Career Coaching: Our career coach/advisors work with clients to understand their career
aspirations and advises them on the education and experience needed to attain that career. If one
of our clients does not know what career they are interested in, the advisor may give the person a
career interest test or career aptitude test to help with the discovery process .
Work Readiness Workshops/Activities (group and 1:1): Our workplace readiness traits describe a
number of commonly expected skills that employers seek from most employees. Work readiness
skills are a set of skills and behaviors that are necessary for any jo b. These activities and
workshops help our clients learn how to interact with supervisors and co -workers. They help
reinforce the importance of timeliness and build an understanding of how our clients are perceived
by others. Employers value employees who can communicate effectively and act professionally.
No matter what technical skills a job may require, every job requires good social skills/interpersonal
skills.
2
Job Development: JobTrain Career Developers help students gain job skills during and after
training, including providing resume assistance, mock interview skills and essential skills (soft
skills) trainings. Career Developers also follow-up with graduates after graduation, to provide
additional supports and guidance of career advancement.
Job Placement: JobTrain Career Developers help individuals find a career path that has
opportunity for advancement. For graduates of our full-time Career Trainings, clients are placed in
jobs in Healthcare, Culinary Arts, IT Support, and the Building Trades. In FY20, 80% of graduates
were placed in a job with an average wage of almost $22 per hour. For clients who need rapid
employment, JobTrain staff connect provide individuals with job readiness services and place in
employment matched to their skills.
Career Training: JobTrain full-time (11 weeks) Career Trainings are: Building Maintenance;
Certified Nursing Assistant; Culinary Arts; IT Service & Support Training; Medical Assistant; and
Project Build: Carpenters Pre-Apprenticeship. Essential Skills are embedded in Career Trainings,
on topics such as goal setting, conflict resolution, and how to work in teams. Until we identify
specific career training programs for South San Francisco, JobTrain will provide access to these
programs in Menlo Park.
Skills assessment, evaluation, and support in upgrading basic job skills: Every new client is
provided an orientation to the programs and services we offer at our career centers. The
orientation is the beginning of our Employment Service Plan (ISP). During th is engagement, we
are assessing the client’s employment and/or training preference, education or skills gaps, self -
efficacy, and other barriers they have that could prevent them from achieving their goals. We use
the CASAS and Wonderlick tests to inform us of the client’s current education levels in reading and
numeracy. We offer skills upgrade classes (reading and math tutoring, GED or High School
Equivalency) to improve their skills to make them more marketable to employers. The ISP allows
for transparency and a roadmap to what is agreed to by the client and their case manager and
strategies on which to proceed.
Orientation and Case Management access to Career EDGE: Case managers orientation to our
programs and services includes information to our online platform of services. Clients are given a
tutorial on the classes and workshops that are conducted by JobTrain staff —workshops e.g.,
interview preparation, zoom online interviewing etiquette, how to respond to difficult questions
(incarceration, gaps in employment history). We provide access to Career EDGE—our online
workforce development platform that allow clients to access the platform from their PC, laptop,
iPad or cellphone. On Career EDGE, case managers as a part of the client’s orientation/ISP
development can assign modules to get their clients work ready. Modules include: interview
simulator, resume simulator, job search strategies, a personal portal to store badges, resumes and
cover letters and the ability for employers to search resumes for candidates, and schedule virtual
interviews—all done on the online platform.
3
Program Design and Maintenance/Improvements
Market research and identification of employer needs: We have several tools we use to inform
ourselves on market demands for workers and what employers need in terms of skills and
competencies to fill their open positions. Technology is key to the work that we do in this space.
We have a very strong relationship with LinkedIn and monthly we receive employment market
data/research that keeps us abreast on the industries trending—we use this information to
determine what career training programs to launch. We have a license for Workforce EMSI, a
workforce development application that gives us labor market information that drills down to the
county, city, job titles and skills in demand in real time. We also do our own intelligence to identify
and engage employers to inform them about our programs and services and the talent we have or
can train to fill their open positions. We assemble sector business round tables to inform us about
trends in their industry and how we can partner to be a pipeline to fill open positions. We want to
be the “go to” program to which companies first reach out when they need quality skilled
candidates to fill their open positions.
Employer Panels: JobTrain has Technical Advisory Committee’s (TAC) that are a part of our
employer engagement strategy. The TAC advises us on trends in industries, current and future skill
required in their sectors, and employers who hire our clients or have the capacity to hire our clients.
These employers from large and small business help and inform our program components and
guide our implementation and growth. From these groups we: engage with employers who offer
real-time perspective on employment trends, challenges and opportunities; build relationships with
their companies so that we can increase hiring from our client pool; create a dialog with
business/employer partners that may provide us with an opportunity to influence their hiring
decisions such as working with us on solutions for employing our undocumented clients; better
understand their hiring needs and open the possibility of JobTrain creating custom rapid -
employment training programs-- providing this service to the employer and enhancing job
opportunities for our clients; and, build partnerships with employers which allows us to focus on
developing job opportunities as well as helping clients to advance in their companies. Our rapid
employment mantra is: Get a Job, Get a Better Job, Get a Career.
Securing Funding: JobTrain will take the lead in researching, evaluating and coordinating
applications for ongoing sources of funding for this program. While this will be an on-going activity,
JobTrain has identified several sources of potential funding to begin the search for sustainability
funding. These sources include Employment Training Panel (ETP), Cal Fresh Employment and
Training (CFET), and tuition reimbursement through WDB/ETPL sources, among others.
4
Summary of Project Timeline - 3 Phases
The project timeline (Figure 1) is aggressive due to the current economic climate and our collective sense
of urgency. Phase I (Rapid Response) will be implemented no later than July 1, and sooner if possible.
Phase II (Strategy Development) is projected to require three months of stakeholder listening, partner
collaboration and strategy development. The goal is to complete strategy development by September 30 th,
but we will allow more time if we conclude that we need more time to develop a comprehensive, well
supported strategy. Finally, Phase III, the implementation of the plan developed through the strategy
development phase, will occur shortly after plan approval.
Addressing COVID Realities
Since the COVID19 Shelter-In-Place restrictions were implemented on March 11, 2020, JobTrain has
converted all program delivery to virtual formats and implemented a series of technological tools to steadily
improve our ability to operate in a virtual setting. As these SIP protocols lessen and eventually lift, JobTrain
will respond with increasing access to our traditional in-person approach with improvements that have been
learned and implemented successfully over the last year. If necessary, we will implement the South Sa n
Francisco Rapid Response programs virtually, but our intention is to deliver them in-person, in South San
Francisco as soon as possible.
Outcomes and Deliverables
Project outcomes and deliverables (see Figure 2) is based only on the rapid response phase of the project.
Project deliverables are tied to the project plan and program outcomes are for the first year of the rapid
response services.
Project Budget
The project budget (see Exhibit B) assumes a long-term partnership, which necessitates the hiring of a
regional director to oversee all activities across all phases of the Partnership for Workforce Development.
In addition, two employment specialists will be hired to perform the projected capacity of at least 100 clients
per year, delivering customized one on one employment counselling and job placement services. With the
addition of JobTrain’s online career portal, Career Edge, we anticipate the possibility of enrolling more
clients who are comfortable with low-touch engagement while they focus on online training and resources.
The budget does not include $50,000 in leveraged value (cost covered by JobTrain’s existing programs) for
career training for up to 10 South San Francisco clients at JobTrain’s Menlo Park headquarters in any of
our six career pathway training programs. Current training pathways include: Medical Assistant, Certified
Nursing Assistant, Information Technology, Project Build, Building Maintenance, and Culinary Arts.
Primary Contact
The primary point of contact for this project will be JobTrain’s Chief Strategy Officer, Art Taylor, until the
Program Director is hired. Art has overseen a similar program launch in San Jose over the last 18 months,
bringing a wealth of relevant hands-on experience. Art’s bio follows.
Art Taylor, Chief Strategy Officer
Art has 30 years of experience in program design and development, strategy, and planning across multiple
sectors. He oversees geographic and program expansion and new strategic initiatives and was
instrumental in opening JobTrain’s Career Centers in East Palo Alto and Santa Clara County (in San Jose).
Prior to JobTrain, Art worked with the San Francisco Public Utilities Commission, where he designed and
authored Community Benefits Catalyst Policies and Programs in: Youth Public Sector Internships, Adult
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Workforce Development (water, wastewater, construction trades), STEM Education and Small Business
Contractor’s Assistance.
Art led JobTrain’s expansion into East Palo Alto and San Jose. He identified and secured facilities to
provide rapid employment activities, education and training programs and services. In planning for
expansion, Art identified and engaged community-based organizations, existing workforce development
organizations, workforce boards (NOVA and Work to Future), education institutions, city officials and other
community stakeholders to guide program planning, marketing, and outreach to constituents. For each
expansion effort, a standing committee of community members were assembled to provide JobTrain with
real time community program and service needs. Art holds a Bachelor of Psychology from the University of
Texas at Austin; a Bachelor’s in Urban Studies and Planning, and a Master’s in Public Administration and
Public Policy credentials both awarded from San Fran cisco State University.
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Figure 1.
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Figure 2.
EXHIBIT B
Partnership for Workforce Development
Project Budget
Budget Detail
Start-Up
Personnel $81,108 Systems Integration, Website Development,
Career Edge Implementation, Learning Agenda
Operational Costs $3,750
Marketing $5,800 Collateral, Publications, Social Media, Partner
Outreach
Subtotal $90,658
Rapid Response Program Ops
Personnel $270,900 Direct staff: Program Director, Employment
Specialists
Operational Costs $10,750 Direct Staff Computers and Office Supplies
Client Supports $12,500 Direct supports for clients (e.g. travel vouchers)
Subtotal $294,150
Strategy Development
Personnel $16,609 Art Taylor
Supplies $2,500 Meeting logistics, tools and supplies
Subtotal $19,109
TOTAL $403,916
EXHIBIT B
COMPENSATION SCHEDULE
EXHIBIT C
INSURANCE CERTIFICATES
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
Renaissance Entrepreneurship Center
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and Renaissance Entrepreneurship Center (“Consultant”) (together sometimes referred
to as the “Parties”) as of April 14, 2021 (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 April 15, 2022, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as provided for in Section 8. The Agreement
may be extended for additional 12 months, upon mutual agreement by the Parties, and
City Council approval if the dollar amount warrants a need for such action.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $467,000,
notwithstanding any contrary indications that may be contain ed 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
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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 servi ces 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, agent s, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (800) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. City shall have no obligation to pay invoices
submitted ninety (90) days past the performance of work or incurrence of cost.
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2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and submittal to City
of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreeme nt. 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. The following constitute reimbursable expenses authorized by
this Agreement Are specific to the identified budget in Exhbit A – Scope of Work.
Expenses not listed above are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under Section 2 of this Agreement
that shall not be exceeded.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides
City with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required
by law. Consultant shall obtain, and maintain on file for three (3) years after the termination
of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non -
California resident subcontractor and shall submit written documentation of compliance
with Consultant’s withholding duty to City upon request. .
2.8 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.
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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 b y 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 r ecognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a
schedule showing all determined prevailing wage rates for the various classes of laborers
and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work week, and the
actual per diem wages paid to each journeyman, apprentice, wor ker, 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 record s and
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the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but on ly 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.
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
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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 edition s) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self -insured retention shall
not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with a nother
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
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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 res pect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
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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.
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 endorsement s 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;
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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 person al 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 viola tion 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 o f City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
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all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
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Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City all materials described in Section
9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any in terest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
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 bot h
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 e xpenditures 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
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City of South San Francisco and Renaissance Entrepreneurship Center Page 13 of 16
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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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 e xtent 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 mate rials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective
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Parties as follows:
Consultant:
Renaissance Entrepreneurship Center
275 Fifth Street
San Francisco, CA 94103
attn: Sharon Miller, CEO
(415) 348-6243
Sharon@rencenter.org
City:
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Mike Futrell, City Manager
(650) 877-8502
Mike.futrell@ssf.net
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 entitle d
"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 toge ther 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
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City of South San Francisco and Renaissance Entrepreneurship Center Page 16 of 16
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO Consultants
____________________________ _____________________________________
City Manager NAME: Sharon Miller
TITLE: CEO
Attest:
_____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2729962.1
EXHIBIT A
SCOPE OF SERVICES
Partnership for Business Resource Center (BRC)
Project Scope of Work
Objective: The North County Business Resource Center (BRC) located in South San
Francisco will provide a variety of small business services to support local emerging and
established small business owners.
Overview
The BRC, operated by Renaissance, will help South San Francisco and North County small
businesses in the pre-launch, launch and expansion stages to start, rebuild, sustain and scale
their operations. From idea feasibility to business planning, launch and growth, access to
capital, networks and resources, and the ongoing assistance that growing businesses require,
Renaissance will fuel community vitality by empowering individuals to start, rebuild and grow
businesses that bring jobs, character, and sustainable economic health to the local economy.
The BRC will be equipped to handle in-person classes and events by having all safety protocols
in places such as:
During the continued pandemic concerns, staff and participants will be required to wear
a mask for their safety and the safety of others.
Reception area will have appropriate safety signs, social distancing signs and sanitation
stations.
Classrooms and multi-purpose spaces will be sanitized regularly and will only be used
up to the occupancy allowed by the County’s tier allowance.
Services to be Delivered
The BRC will be a one-stop site providing the training, individual consulting, and access to small
business resources and networks in English and Spanish needed by all entrepreneurs that
desire to create and grow thriving businesses but are not currently available in North County.
We project that the BRC will annually serve 200 emerging and established business owners
from South San Francisco and throughout North County including Brisbane, Colma, Daly City,
Millbrae, San Bruno, Pacifica, and unincorporated County).
We will launch with all program delivery in English and Spanish and will expand services to
include programming in Tagalog.
Intake:
Each client entering the BRC will complete an intake form to provide his/her
personal, household and, if in business, business income, status of business,
education completed, and other demographic information, along with her/his goals.
This baseline information will be used to track client progress and changes in
personal or business circumstances as a result of receiving our services. We will
track this information using Vista Share, a database designed for the Microenterprise
Industry.
To evaluate the quality of programs delivered, and the effectiveness of delivery, we
will collect evaluation forms at the conclusion of all classes and workshops. We then
review these forms to see where we are succeeding and where we may need to
make adjustments.
Business Assessment:
Each emerging (start-up) or established small business owner entering the BRC will
meet with Renaissance staff and/or consultants who will conduct a client intake, and
provide an introduction and overview of the services offered. The staff person or
consultant will then conduct a business assessment (for existing business owners) and
prepare a customized outline of the most appropriate services to meet each client’s
needs.
Programs will include:
Training Classes (multi-session)
4 - Start Smart (12 hour introductory class)
2 - Business Preparation (30 hour business planning class)
2 - Business of Food Trucks
2- Business of Childcare in collaboration with 4Cs of San Mateo County
Workshops (stand alone trainings on business topics)including for example:
6 - Financial Projections
6 - Business Credit
10 - Small Businesses Marketing
10 - Digital Technology workshops
10 - Small business impact workshops
Greening Your Business
Individual Technical Assistance - will be delivered by subject matter and industry
specific experts
One-on-one customized technical assistance will help businesses start, scale,
rebuild and grow
Real Estate Support - lease review and negotiations, and outreach to local
landlords to help fill commercial vacancies
Access to Capital
Loan packaging and Introduction to Capital Resources Providers (including for example,
non profit loan funds, local banks, government programs etc.) to help businesses secure
the resources they need for startup and growth.
Technology Training and Advancement
Website Development
Social Media, etc.
Online Payment Processing
E-Commerce
SEO, etc.
Special Programs for Women
Women’s Empowerment- (a 4-week business readiness and empowerment
class)
Coffee and Connections - (networking event)
Women Mean Business - (a speaker services and networking event)
Networking Events
In addition to the Women’s Networking Events above, Renaissance will plan and
promote industry-relevant networking and other events to enable small business owners
to engage with other like-minded and motivated entrepreneurs, build partnerships and
connections, and support each other to take their business to the next level and lead to
their mutual success. These networking events will be online during the County’s COVID
restrictions and when allowed, in-person at the BRC.
Pop Up Events
In addition, in concert with our Food truck business curriculum, we will host Food Truck
Fiesta Nights where the food truck businesses we support can engage the community of
South San Francisco and develop new customer relationships.
Outreach
Renaissance will immediately begin to recruit a BRC Manager who will focus on outreach,
program implementation and program delivery at the BRC both online and in-person. The BRC
Manager will be bilingual and familiar with the landscape of small businesses in South San
Francisco specifically and throughout North County including Brisbane, Daly City, Millbrae, San
Bruno, Pacifica and Unincorporated Mid-Coast.
Renaissance’s BRC Manager and team members will work in partnership with government
agencies and non profit organizations to contact South San Francisco and North County
businesses by email, phone and text, utilize social media using Facebook, LinkedIn Pages and
Supervisors’ newsletters, and place “in-person” posting of information at key locations
throughout South San Francisco, including City Hall, Churches ESL Programs and local
businesses. We will access City business license databases (if possible) to connect with
existing business owners, reach out to agencies that have provided relief services to introduce
their clients to the BRC, and request opportunities to include information on the BRC in utility
bills or other mailings to the public. We will also use English and Spanish language television,
radio and print media and conduct outreach through our network of current and graduate
businesses and promote the BRC on our website which provides information on our programs in
English and Spanish, including course descriptions, a schedule of classes and intake forms.
Program Delivery
Services will initially be launched virtually in English, Spanish and Tagalog. When it is possible
to do so, we will transition to a hybrid model of services.
Online services (virtual) allow us to serve small business owners who may find it
difficult to participate in in-person classes and technical support sessions due to the time
demands of starting, operating and growing their businesses, as well as child or elder
care or other family needs.
In-person services allow small business owners to enter the facility, engage with others
and take full advantage of the wide array of services and resources available to support
them in launching and growing their businesses.
Through this hybrid model, emerging and established small business owners will be able
to build their skills and confidence, and develop networks and community with other
small business owners that virtual services alone may not fully allow.
Metrics/Reporting
Renaissance uses an intake form that captures, but is not limited to, the following information:
Client resident name and address
Client ethnicity
Client business name and business address
Client personal income information
Client business income information
Stage of business and years in business
Intake information is input into VistaShare, our outcome tracker database, which Renaissance
uses to securely manage client data, client activities and reporting. .
Renaissance proposes a monthly or quarterly meeting with South San Francisco and San
Mateo County stakeholders to review strategic goals and measure them against current
progress.
Timeline:
Phase 1: (July - September 2021)
A. Outreach
Renaissance will work with and build upon our relationships with local and
county economic development staff, community development agencies, and faith
based organizations to assist us in introducing emerging and established
entrepreneurs to the wide range of assistance available to them.
B. Virtual Classes/Workshops
Renaissance will launch the program with online training, consulting and
networking and when possible, on-site at partner organizations.
Phase 2 (October - December 2021)
A. In-person Classes/Workshops & Networking Events
As construction is complete on the BRC facilities, Renaissance will add in-
person classes, consultants and events in addition to continuing our online
services.
B. Small business and Community Partner space
We will rollout office/cubicle/open work space to early stage and emerging
businesses that will provide onsite business development, furnished office
cubicles, access to meeting rooms, internet access, office equipment
(photocopier/printer, telephone service).
C. Business Plan
Renaissance will work in partnership with South San Francisco and JobTrain to
develop a business plan for a long-term strategy to create the BRC/Economic
Mobility Center as a long-term community serving resource hub for small
business owners and employees.
EXHIBIT B
Partnership for Business Resource Center (BRC)
One Year Project Budget
Budget Detail
Phase 1 Start-Up
Personnel
(includes benefit @ 24%)
$194,000 Hire new BRC manager and leverage
existing staff
Contractual
Consultants/Instructor
$24,000 Training, consulting and marketing
support
Outreach/Marketing
$4,800 Radio and print ads
Program Materials, Supplies and
Technology
$5,000
Subtotal Phase 1 $227,800
Phase 2 Hybrid
Personnel $184,000
BRC manager and existing staff
Contractual
Instructors/Consultants
Front Desk Support
$42,000 Includes Front Desk Support
Outreach/Marketing $9,600 Radio and print ads
Program Materials and Office Supplies $3,600
Subtotal Phase 2 $239,200
Total $467,000
EXHIBIT B
COMPENSATION SCHEDULE
EXHIBIT C
INSURANCE CERTIFICATES
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:21-247 Agenda Date:4/14/2021
Version:1 Item #:12.
Closed Session: Conference with Real Property Negotiators
(Pursuant to Government Code Section 54956.8)
Property: 366 Grand Avenue (APN 012-312-310)
City Negotiators:Alex Greenwood,Director of Economic and Community Development;Nell Selander,
Deputy Director of Economic and Community Development;Mike Lappen,Economic Development
Coordinator; and Ernesto Lucero, Economic Development Coordinator
Negotiating Party: Sebanc Properties
Under Negotiations: Price and terms
City of South San Francisco Printed on 4/9/2021Page 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 #:21-249 Agenda Date:4/14/2021
Version:1 Item #:13.
Closed Session: Conference with Real Property Negotiators
(Pursuant to Government Code Section 54956.8)
Property: City property at Oyster Point (APN 015-010-970)
City Negotiators:Alex Greenwood,Director of Economic and Community Development;Nell Selander,
Deputy Director of Economic and Community Development;and Ernesto Lucero,Economic Development
Coordinator
Negotiating Party: Ensemble Investments
Under Negotiations: Price and terms
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