Regular Meeting Agenda 12.13.23 Page 1 of 3
AGENDA
REGULAR MEETING
CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, December 13, 2023
Closed Session – 6:00 PM
Regular Session – 7:00 PM
The City Council meeting will be held in person in the Council Chambers as detailed below. As a courtesy and technology permitting, the meeting will also be held virtually via Zoom Video Conference. However, the Town cannot guarantee that the public’s access to the Zoom virtual platform will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue.
To attend the meeting in person:
Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014 To participate in the meeting via Zoom Video Conference:
Join Zoom Meeting:
https://us02web.zoom.us/j/81289976261
Passcode: 074407
Meeting ID: 812 8997 6261
Dial by your location:
+1 669 900 6833 US (San Jose)
+1 346 248 7799 US (Houston)
+1 253 215 8782 US (Tacoma)
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Germantown)
To provide Public Comment in person:
Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less.
To provide Public Comment via Zoom Video Conference:
Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the consent calendar being heard, or prior to the close of the public comment period for agenda items or non-agenda items. In response, the Town will unmute the speaker and allow them to speak up to three minutes.
To provide Public Comment in writing:
Members of the public may provide written comments by email to the Interim City Clerk at [email protected]
before the meeting. Emailed comments should include the specific agenda item on which you are commenting or note that your comment concerns an item that is not on the agenda. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words.
As a reminder, the Town cannot guarantee that the public’s access to the Zoom virtual platform will be uninterrupted, and technical difficulties may occur from time to time. Therefore, if you want to ensure you are able to attend the meeting and/or make public comment, you may wish to attend in person.
Regular Meeting Agenda 12.13.23 Page 2 of 3
CLOSED SESSION – 6:00 PM
1. In Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiators.
Agency Negotiator: Austris Rungis, IEDA
Employee Organizations: Colma Peace Officers Association and Colma Communications/Records Association
Unrepresented Employees: All
PLEDGE OF ALLEGIANCE AND ROLL CALL – 7:00 PM
ADOPTION OF AGENDA
PRESENTATION
• Police Department Introductions and Swearing In of
o Sergeant Daniel Mendoza
o Dispatcher Alma Alvarado
o Police Explorer Kevin Coursey
o Police Explorer Emiliano Gomez
• 80th Birthday Recognition – Liz Taylor
• Holiday Commercial Premiere and Recognition of Participants
PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.
Comments on Agenda Items will be heard when the item is called.
CONSENT CALENDAR
2. Motion to Accept the Minutes from the November 7, 2023 Special Meeting.
3. Motion to Accept the Minutes from the November 8, 2023 Regular Meeting.
4. Motion to Approve Report of Checks Paid for November 2023.
5. Motion to Adopt Resolution Approving and Authorizing the City Manager to Execute a Five-Year Contract with Flock Safety for Automated License Plate Readers in the Total Amount of $100,000 Pursuant to CEQA Guideline 15378.
6. Motion to Adopt Resolution Authorizing Submittal of Individual Grant Applications to CalRecycle for all Grant Programs for which the Town of Colma is Eligible Pursuant to CEQA Guideline 15378.
PUBLIC HEARING
7. 1520 HILLSIDE BLVD – DESIGN REVIEW
Consider: Motion to Adopt Resolution Approving the Design Review Permit, with Modifications, for the Town’s Solar Carport Installation at the Town’s Community Center Pursuant to CEQA Guidelines 15301 and 15303.
NEW BUSINESS
8. COUNCIL OF CITIES AND CITY SELECTION COMMITTEE
Consider: Motion to Confirm Designation of the Mayor as the Voting Member for the Council of Cities, Designating an Alternate Voting Member, and Giving the Voting Member Discretion on any and All
Regular Meeting Agenda 12.13.23 Page 3 of 3
Matters to be Considered.
9. CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2024
Consider: Motion Approving Committee Assignments for 2024 and Granting to the Appointee Discretion in Voting on Matters Brought Before the Committee.
REPORTS
Mayor/City Council
City Manager
ADJOURNMENT
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call 650-997-8300 or email a request to [email protected].
Reasonable Accommodation
Upon request, this publication will be made available in appropriate alternative formats to persons with disabilities, as required by the Americans with Disabilities Act of 1990. Any person with a disability, who requires a modification or accommodation to view the agenda, should direct such a request to Pak Lin, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.
1. In Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiators.
Agency Negotiator: Austris Rungis, IEDA
Employee Organizations: Colma Peace Officers Association and Colma Communications/Records Association
Unrepresented Employees: All
Item #1
Minutes – Special Meeting – 11.07.23 Page 1 of 2
MINUTES
SPECIAL MEETING
City Council of the Town of Colma
Veterans Village
1680 Mission Road
Colma, CA 94014
Tuesday, November 7, 2023
11:00 AM
CALL TO ORDER
Vice Mayor Goodwin called the meeting to order at 11:09 a.m.
Council Present – Vice Mayor John Irish Goodwin, Council Members Carrie Slaughter and Helen Fisicaro were present. Mayor Joanne F. del Rosario and Council Member Ken Gonzalez were absent.
Staff Present – City Manager Daniel Barros, Chief of Police John Munsey, Director of Public Works Brad Donohue, City Planner Farhad Mortazavi, City Clerk Caitlin Corley, and Recreation Services Manager Angelika Abellana were in attendance.
WELCOME AND INTRODUCTION OF SPECIAL GUESTS
Vice Mayor Goodwin made opening remarks and welcomed special guests Colma Daly City Chamber of Commerce CEO Felicia Leong and a contingent of Chamber Board Members.
VETERANS DAY RECOGNTION
Vice Mayor Goodwin made remarks on the importance and value of Veterans Day and recognizing and honoring local veterans. He presented a proclamation in honor of Veterans Day.
NEW VETERAN HONOREE
Vice Mayor Goodwin announced the name of the veteran who has been added to the Town’s Veterans Plaque, which honors Colma residents who have served in the Unites States Armed Forces:
G
erald Christon
Co
uncil presented Mr. Christon with a certificate in recognition of his service.
OTHER PRESENTATIONS
The Colma Daly City Chamber of Commerce presented certificates of thanks to Eric Duncan and Mercy Housing staff for their work supporting our Colma veterans.
ADJOURNMENT
Item #2
Minutes – Special Meeting – 11.07.23 Page 2 of 2
Vice Mayor Goodwin adjourned the meeting at 11:53 p.m. and invited everyone to enjoy the barbeque lunch.
Respectfully submitted,
Caitlin Corley
City Clerk
Minutes – Regular Meeting 11.08.23 Page 1 of 4
MINUTES
REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also Accessible via Zoom.us
Wednesday, November 8, 2023
7:00 PM
PLEDGE OF ALLEGIANCE AND ROLL CALL
Vice Mayor Goodwin called the meeting to order at 7:00 p.m.
Council Present – Vice Mayor John Irish Goodwin, Council Members Ken Gonzalez, Carrie Slaughter and Helen Fisicaro were present. Mayor Joanne F. del Rosario was absent.
Staff Present – City Manager Daniel Barros, City Attorney Christopher Diaz, Police Chief John Munsey, Administrative Services Director Pak Lin, Director of Public Works and Planning Brad Donohue, Recreation Services Manager Angelika Abellana, City Clerk Caitlin Corley, Human Resources Management Analyst Juan Rumayor, and Administrative Technician Abigail Dometita were in attendance.
The Mayor announced, “Regarding Public Comment: Members of the public who are here in person are requested to complete a yellow speaker card and submit it to the City Clerk.
Those of you on Zoom may make public comments by using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad. The City Clerk will unmute your microphone and allow you to speak. Comments should be kept to three minutes or less.”
ADOPTION OF THE AGENDA
Vice Mayor Goodwin asked if there were any changes to the agenda; none were requested.
He asked for a motion to adopt the agenda.
A
ction: Council Member Gonzalez moved to adopt the agenda; the motion was seconded Council Member Fisicaro by and carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Joanne F. del Rosario, Mayor
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
4 0
PRESENTATIONS
• Proclamations in honor of Arboretum Day
The Vice Mayor presented a proclamation in honor of Arboretum Day. Josh Gevertz, Item #3
Minutes – Regular Meeting 11.08.23 Page 2 of 4
Arboretum Director of Cypress Lawn, accepted the proclamation and spoke about the upcoming Arboretum Day events.
• Veterans Day Recognition
The Vice Mayor presented a proclamation in honor of Veterans Day. He stated, “As you know, Veterans Day is this Friday, and so in honor of our Colma Veterans, we hosted a celebration at Veterans Village yesterday. Our recreation team provided a wonderful barbeque lunch, and we honored a new veteran resident, Gerald Christon by adding his name to our Veterans Plaque. Thank you to our Colma Veterans and Veterans everywhere for your courage, sacrifice and service to our country.” • Halloween House Decorating Contest
Recreation Manager Angelika Abellana and representatives from Republic Services, our sponsor of this event, introduced the recipients of our annual Halloween House Decorating Awards:
o Albertario Family – Verano/Mission Road
o Manela Family – Villa Hoffman
o Cohen Sommerfield Family – Sterling Park
o Rangel Family – Spookiest House
• Employee Appreciation
Council recognized and congratulated the following employees and Council Members on their service anniversaries:
Council Member Carrie Slaughter – 1 Year
Council Member Ken Gonzalez – 1 Year
Officer Andres Abarca – 1 Year
Officer Reinalyn Duma – 1 Year
Officer Brian Nagata – 1 Year
Per-Diem Police Dispatcher/Clerk Tara Kanturek – 1 Year Per-Diem Police Dispatcher/Clerk Elizabeth Pina – 1 Year Per-Diem Police Dispatcher/Clerk Katherine Tursi – 1 Year Per-Diem Police Dispatcher/Clerk Caitlin Williams – 1 Year Officer Joshua Moreno – 5 Years
Sergeant Dawn Marchetti – 10 Years
Grace Eichensehr – 1 Year
Daniel Gotelli – 1 Year
Vanessa Ramirez – 1 Year
Miranda Rodriguez – 1 Year
Ashley Rostran – 1 Year
Emma Sanchez – 1 Year
Elaina Gonzalez – 5 Years
Shelby Wright – 1 Year
Pak Lin – 5 Years
There was a break for refreshments from 7:45 p.m. to 8:10 p.m.
PUBLIC COMMENTS
Vice Mayor Goodwin opened the public comment period at 7:58 p.m. and seeing no one request to speak, he closed the public comment period.
Minutes – Regular Meeting 11.08.23 Page 3 of 4
CONSENT CALENDAR
1. Motion to Accept the Minutes from the October 25, 2023 Regular Meeting.
2. Motion to Approve Report of Checks Paid for October 2023.
3. Motion Approving and Authorizing the City Manager to Execute a Cooperative Agreement with the State of California Department of Transportation (Caltrans) for Funding for the Design, Environmental Review, and Construction of the Colma Creek Trash Capture Project Pursuant to CEQA Guideline 15306.
Action: Council Member Fisicaro moved to approve the consent calendar #1 through 3; the motion was seconded by Council Member Fisicaro and carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Joanne F. del Rosario, Mayor
John Irish Goodwin Item #3 only
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
4 0
NEW BUSINESS
4. PARTICIPATION IN SECOND SOLAR COLLABORATIVE PROCUREMENT PROCESS Sustainability Manager Kathleen Gallagher presented the staff report. The Vice Mayor opened the public comment period at 8:15 p.m. and seeing no one request to speak, he closed the public comment period. Council discussion followed.
Action: Council Member Gonzalez moved to Adopt a Resolution Approving the Town’s Participation in the Second Solar Collaborative Procurement Process Managed by Peninsula Clean Energy (PCE) for Solar Installation at Town Hall and Police Department and Approving and Authorizing the City Manager to Execute Necessary Documents for Participation in the Process Pursuant to CEQA Guidelines 15301 and 15303; the motion was seconded by Council Member Slaughter and carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Joanne F. del Rosario, Mayor
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
4 0
COUNCIL CALENDARING
The next Regular Meeting on Wednesday, November 22, 2023 will be cancelled.
Minutes – Regular Meeting 11.08.23 Page 4 of 4
There will be a Special Council Reorganization Meeting on Tuesday, December 12, 2023 at 6:00pm.
REPORTS
City Manager Daniel Barros gave an update on the following topics:
The Junipero Serra Boulevard sinkhole has been repaired and the road has been reopened.
Project Read Learning for All – November 14, 2023, 4:00 p.m. CPR Training – November 19, 2023, 10:00 a.m.
Annual Holiday Tree Lighting – November 30, 2023, 6:30 p.m.
ADJOURNMENT AND CLOSE IN MEMORY
Vice Mayor Goodwin adjourned the meeting at 8:44 p.m. in memory of Omar “Rich” Lopez, brother of San Mateo County Treasurer Tax Collector Sandie Arnott.
Respectfully submitted,
Caitlin Corley
City Clerk
Page: 1Check History ListingapCkHist
1:25PM Town of Colma12/07/2023
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Item #4
Page: 2Check History ListingapCkHist
1:25PM Town of Colma12/07/2023
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Page: 3Check History ListingapCkHist
1:25PM Town of Colma12/07/2023
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1:25PM Town of Colma12/07/2023
firstBank code:
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1:25PM Town of Colma12/07/2023
firstBank code:
Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 02970 PRODUCTIVE PRINTING & GRAPHICS37046C57582 353.0609/14/202311/22/202311/14/2023 353.06 02216 RAMOS OIL CO. INC. CL049909C57583 1,968.1210/31/202311/21/202311/14/2023 1,968.12 00364 SMC FORENSIC LAB PS-INV104401C57584 540.0010/31/202311/21/202311/14/2023 540.00 03665 SO.SF EDUCATION FOUNDATION FY 2023-2024 GrantC57585 5,500.0010/11/202311/22/202311/14/2023 5,500.00 00830 STAPLES BUSINESS CREDIT 1651843656C57586 107.6110/16/202311/24/202311/14/2023 107.61 03015 U.S. BANK CORPORATE PMT SYSTEM10/23/2023C57587 19,262.8510/23/202311/24/202311/14/2023 19,262.85 01364 CHRISTINA VIGIL 2002671.003C57588 60.0011/03/202311/27/202311/14/2023 60.00 00047 C.L.E.A. 11152023 B57589 216.0011/17/202311/17/2023 216.00 01340 NAVIA BENEFIT SOLUTIONS 11152023 BC57590 1,337.3111/17/202311/20/202311/17/2023 1,337.31 01375 NATIONWIDE RETIREMENT SOLUTION11152023 BC57591 6,201.8111/17/202311/22/202311/17/2023 6,201.81 02224 STANDARD INSURANCE COMPANY11152023 B57592 438.0011/17/202311/17/2023 438.00 00623 ARAMARK 5180268559C57593 10/30/202311/27/202311/21/2023 15.90 C 5180271072 11/06/202311/27/2023 15.90
C 5180271065 11/06/202311/27/2023 15.90
C 5180273604 11/13/202311/27/2023 15.90
C 5180273611 79.5011/13/202311/27/2023 15.90
03334 LLC AT&T MOBILITY NATIONAL ACCOUNTX11102023C57594 2,532.1811/02/202311/30/202311/21/2023 2,532.18 02337 AXON ENTERPRISES, INC. INUS200143C57595 568.5011/01/202311/27/202311/21/2023 568.50 03447 NIKOLE AZZOPARDI Oct, Nov 2023 REIMBC57596 67.9611/09/202311/28/202311/21/2023 67.96 03667 BADGE FRAME, INC. 4128657597 185.3511/02/202311/21/2023 185.35 01565 BAY CONTRACT MAINTENANCE, INC.30887C57598 11/10/202311/30/202311/21/2023 2,740.50 C 30884 11/10/202311/30/2023 2,661.35
C 30883 11/10/202311/30/2023 2,661.35
C 30888 11/10/202311/30/2023 1,552.45
C 30885 11/10/202311/30/2023 633.64
C 30889 11/10/202311/30/2023 221.30
Page: 5
Page: 6Check History ListingapCkHist
1:25PM Town of Colma12/07/2023
firstBank code:
Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total C 30886 10,663.9311/10/202311/30/2023 193.34
01183 BEST BEST & KRIEGER LLP 980515C57599 11/16/202311/27/202311/21/2023 21,519.00 C 980516 11/16/202311/27/2023 4,459.00
C 980517 26,149.5011/16/202311/27/2023 171.50
00051 CALIFORNIA WATER SERVICE CO. 10/27,10/30Bill DateC57600 8,714.5810/27/202311/28/202311/21/2023 8,714.58 01995 CELETTA INVESTIGATIVE SERVICES23-1116C57601 1,210.0011/16/202311/27/202311/21/2023 1,210.00 00057 CINTAS CORPORATION #2 4172703672C57602 11/02/202311/30/202311/21/2023 650.03 C 4172703560 965.9111/02/202311/30/2023 315.88
00093 CITY OF SOUTH SAN FRANCISCO 51963757603 1,192.0010/27/202311/21/2023 1,192.00 03539 CLARK PEST CONTROL 34308972C57604 11/09/202311/29/202311/21/2023 145.00 C 34308970 11/09/202311/29/2023 135.00
C 34308969 11/09/202311/29/2023 135.00
C 34308971 530.0011/08/202311/29/2023 115.00
00095 CLEARLITE TROPHIES 9068457605 351.0511/17/202311/21/2023 351.05 01037 COMCAST CABLE 11/11-12/10 601 F STC57606 128.7211/07/202311/28/202311/21/2023 128.72 02827 CORODATA SHREDDING, INC. RS3552165C57607 100.1510/31/202311/24/202311/21/2023 100.15 02583 CRIME SCENE CLEANERS, INC. 8836057608 130.0011/12/202311/21/2023 130.00 00112 DEPARTMENT OF JUSTICE 694160C57609 111.0011/03/202311/28/202311/21/2023 111.00 02793 DITO'S MOTORS 2910357610 1,860.8211/14/202311/21/2023 1,860.82 02935 EMCOR SERVICES-MESA ENERGY SYS940016566C57611 725.0009/08/202311/28/202311/21/2023 725.00 00130 EMPLOYMENT DEVELOPMENT DEPTL0526194256C57612 194.0010/30/202311/27/202311/21/2023 194.00 00463 HELEN FISICARO 2002672.00357613 275.0011/06/202311/21/2023 275.00 03616 FLEXIBLE BENEFIT ADMIN 190665C57614 20.0011/17/202311/30/202311/21/2023 20.00 02499 GE CAPITAL INFORMATION (RICOH)107738566C57615 11/01/202311/27/202311/21/2023 282.74 C 107738567 528.8511/01/202311/27/2023 246.11
02499 GE CAPITAL INFORMATION (RICOH)5068458953C57616 13.2511/14/202311/28/202311/21/2023 13.25 Page: 6
Page: 7Check History ListingapCkHist
1:25PM Town of Colma12/07/2023
firstBank code:
Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 03601 HEALTH AND HUMAN RESOURCE CNTRE0306445C57617 64.8011/10/202311/24/202311/21/2023 64.80 00174 HOME DEPOT CREDIT SERVICES 10/30/23 CLOSINGC57618 961.0210/30/202311/30/202311/21/2023 961.02 01442 INTERSTATE GRADING & PAVING 6519C57619 10/31/202311/28/202311/21/2023 20,700.00 C 6518 22,381.0010/31/202311/28/2023 1,681.00
03441 MARVIN GARDENS CATERING 16198C57620 844.3811/15/202311/29/202311/21/2023 844.38 03648 METROPOLITAN PLANNING GROUP2004140C57621 577.5011/08/202311/30/202311/21/2023 577.50 03061 NICK BARBIERI TRUCKING, LLC CL30150C57622 606.4510/31/202311/24/202311/21/2023 606.45 00280 ODP BUSINESS SOLUTIONS 339006039001C57623 11/13/202311/27/202311/21/2023 69.11 C 342926658001 11/16/202311/27/2023 35.28
C 342926065001 117.4311/16/202311/27/2023 13.04
00307 PACIFIC GAS & ELECTRIC 3007220528-6 07Nov2357624 11/07/202311/21/2023 4,678.22 0576889222-5 07Nov2311/07/2023 222.83
0035222590-8 07Nov23 4,935.0411/07/2023 33.99
03666 PACIFIC SKYLINE COUNCIL, PACIFIC SKYLINE COUNCIL, INC20045157625 450.0010/23/202311/21/2023 450.00 03663 PATHFINDER OPTICS CORPORATION10010-2C57626 10,607.0010/23/202311/27/202311/21/2023 10,607.00 03609 PAYMENTUS CORPORATION INV-15-14123857627 70.2010/31/202311/21/2023 70.20 01882 IRMA ESTELA PERDOMO 2002673.00357628 50.0011/06/202311/21/2023 50.00 02216 RAMOS OIL CO. INC. CL05299957629 11/10/202311/21/2023 1,673.71 CL048046 1,765.0210/20/2023 91.31
03479 ROBERT HALF INTERNATIONAL 62797633C57630 11/08/202311/27/202311/21/2023 3,390.74 C 62819050 5,857.7011/14/202311/27/2023 2,466.96
03573 LUZ RODRIGUEZ 2002675.00357631 300.0011/14/202311/21/2023 300.00 00349 SEGALE & CERINI INC. 1780257632 10/31/202311/21/2023 22,232.00 17803 10/31/2023 6,496.00
17805 29,917.0010/31/2023 1,189.00
00500 SMC CONTROLLERS OFFICE October 202357633 3,930.3011/03/202311/21/2023 3,930.30 Page: 7
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1:25PM Town of Colma12/07/2023
firstBank code:
Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 00534 SMC INFORMATION SERVICES DEPT1YCL1231057634 82.2510/31/202311/21/2023 82.25 00683 SMC PUBLIC SAFETY COMMUNICATIOCLMA-MSS 24-0257635 2,835.2511/08/202311/21/2023 2,835.25 00388 SONITROL 350795 C57636 1,143.1111/08/202311/30/202311/21/2023 1,143.11 01030 STEPFORD, INC. 2301712C57637 11/08/202311/28/202311/21/2023 5,915.28 C 2306606 7,271.5311/07/202311/28/2023 1,356.25
00412 TELECOMMUNICATIONS ENGINEERING48523C57638 1,652.5011/10/202311/28/202311/21/2023 1,652.50 00411 TURBO DATA SYSTEMS 41420C57639 1,959.9210/31/202311/27/202311/21/2023 1,959.92 02903 CLAUDIA VARGAS 2002674.003C57640 275.0011/08/202311/27/202311/21/2023 275.00 02946 AMANDA VELASQUEZ Nov '23 EE ReimbC57641 458.5011/11/202311/28/202311/21/2023 458.50 02799 WAVE (ASTOUND) 103745301-0010465C57642 438.2611/01/202311/28/202311/21/2023 438.26 03669 ALL TRAFFIC SOLUTIONS, INC. SIN03843057643 5,920.9210/04/202311/28/2023 5,920.92 00623 ARAMARK 5180276160C57644 11/20/202312/01/202311/28/2023 15.90 C 5180276149 31.8011/20/202312/01/2023 15.90
00093 CITY OF SOUTH SAN FRANCISCO 51968557645 6,250.0010/01/202311/28/2023 6,250.00 01037 COMCAST CABLE 11/17-12/16/23 XFINIC57646 51.3411/12/202312/01/202311/28/2023 51.34 00117 DELTA DENTAL OF CALIFORNIA BE00580043857647 14,218.0012/01/202311/28/2023 14,218.00 01189 DEPARTMENT OF MOTOR VEHICLESClean Air Sticker57648 22.0011/22/202311/28/2023 22.00 02793 DITO'S MOTORS 2911157649 11/16/202311/28/2023 1,369.08 29131 1,431.5311/20/2023 62.45
03670 VENESSA M. FRANCO 16001955-Refund57650 298.0011/24/202311/28/2023 298.00 02499 GE CAPITAL INFORMATION (RICOH)10779133757651 282.7411/16/202311/28/2023 282.74 03607 MARK THOMAS & COMPANY, INC. 49285C57652 16,957.0111/21/202312/01/202311/28/2023 16,957.01 02216 RAMOS OIL CO. INC. CL054591C57653 1,717.7011/20/202311/30/202311/28/2023 1,717.70 03479 ROBERT HALF INTERNATIONAL 6286056557654 2,883.4411/22/202311/28/2023 2,883.44 Page: 8
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1:25PM Town of Colma12/07/2023
firstBank code:
Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 03668 LETICIA SANDOVAL 2002677.00357655 275.0011/17/202311/28/2023 275.00 00357 SIERRA DISPLAY, INC. 27517C57656 17,001.9011/16/202312/01/202311/28/2023 17,001.90 01030 STEPFORD, INC. 2301748C57657 8,033.3511/20/202312/01/202311/28/2023 8,033.35 02849 6746050100 U.S. BANK PARS ACCOUNTDecember 2023 OPEBC57658 101,073.0012/01/202312/01/202311/28/2023 101,073.00 02848 UNITED COACH TOURS 20317WF57659 3,341.0006/15/202311/28/2023 3,341.00 00432 VISION SERVICE PLAN 819269381C57660 1,183.5811/19/202311/30/202311/28/2023 1,183.58 00130 EMPLOYMENT DEVELOPMENT DEPT11032023 MC94993 150.0011/03/202311/07/202311/03/2023 150.00 00521 UNITED STATES TREASURY 11032023 MC94994 1,262.1511/03/202311/07/202311/03/2023 1,262.15 00631 P.E.R.S. 11032023 MC94995 854.2211/03/202311/06/202311/03/2023 854.22 01360 MISSIONSQUARE RETIREMENT 11032023 M94996 493.2611/03/202311/03/2023 493.26 00282 CALIFORNIA PUBLIC EMPLOYEES' 11032023 MC94997 4,797.1411/03/202311/08/202311/03/2023 4,797.14 00130 EMPLOYMENT DEVELOPMENT DEPT11032023 BC94998 16,685.0611/03/202311/07/202311/03/2023 16,685.06 00521 UNITED STATES TREASURY 11032023 BC94999 68,645.8611/03/202311/07/202311/03/2023 68,645.86 00282 CALIFORNIA PUBLIC EMPLOYEES' 11032023 BC95000 76,219.9711/03/202311/08/202311/03/2023 76,219.97 00631 P.E.R.S. 11032023 BC95001 57,639.7011/03/202311/06/202311/03/2023 57,639.70 01360 MISSIONSQUARE RETIREMENT 11032023 B95002 6,452.4011/03/202311/03/2023 6,452.40 00068 COLMA PEACE OFFICER'S 11032023 B95003 652.1411/03/202311/03/2023 652.14 00130 EMPLOYMENT DEVELOPMENT DEPT11152023 BC95007 15,066.6311/17/202311/21/202311/17/2023 15,066.63 00521 UNITED STATES TREASURY 11152023 BC95008 61,395.9911/17/202311/21/202311/17/2023 61,395.99 00631 P.E.R.S. 11152023 BC95009 54,799.1411/17/202311/20/202311/17/2023 54,799.14 01360 MISSIONSQUARE RETIREMENT 11152023 B95010 6,445.4311/17/202311/17/2023 6,445.43 00068 COLMA PEACE OFFICER'S 11152023 B95011 652.1411/17/202311/17/2023 652.14 00282 CALIFORNIA PUBLIC EMPLOYEES' 100000017324322C120060 7,116.8210/16/202311/08/202311/07/2023 7,116.82 Page: 9
Page: 10Check History ListingapCkHist
1:25PM Town of Colma12/07/2023
firstBank code:
Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 03616 FLEXIBLE BENEFIT ADMIN DEC2023HRAC120061 55,687.2512/01/202311/28/202311/28/2023 55,687.25 1,053,579.25first Total:
Total Checks:checks in this report173 1,053,579.25
Page: 10
Staff Report: Five Year Contract with Flock Safety Page 1 of 3
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: John Munsey, Chief of Police
VIA: Dan Barros, City Manager
MEETING DATE: December 13, 2023
SUBJECT: Five Year Contract with Flock Safety For Automated License Plate Readers
RECOMMENDATION
Staff recommends the City Council adopt the following resolution:
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIVE-YEAR CONTRACT WITH FLOCK SAFETY FOR AUTOMATED LICENSE PLATE READERS IN THE TOTAL AMOUNT OF $100,000 PURSUANT TO CEQA GUIDELINE 15378
EXECUTIVE SUMMARY
In July of 2021 the Police Department entered into a contract with Flock Safety Systems to install and manage four Automated License Plate Reader (ALPR’s) in the Town at a cost of $2500.00 per camera, per year. Since that time the Town of Colma has added four more cameras. The implementation of the cameras has had a dramatic effect on Colma Police Department’s ability to provide public safety. Flock Safety has advised all their customers that in order to maintain the current price of $2500.00 per camera, customers must enter into a five-year contract. If not, the price will increase to $3000.00 per camera.
FISCAL IMPACT
The current cost of the cameras of $20,000 per year has been approved for fiscal year 23/24.
The cost of the contract over five years would be $20,000 year for five years for a total contract amount of $100,000.
BACKGROUND
In fiscal year 2020/2021 the City Council made the decision to implement automated license plate reader technology into its public safety plan. The decision was made to use Flock Safety as their automated license plate reader provider and the Town entered into a contract with Item #5
Staff Report: Five Year Contract with Flock Safety Page 2 of 3 Flock in July of 2021. Since that time, the Town has purchased four more cameras. The cameras have become a tremendous success, resulting in numerous arrests and enhanced investigations. Detective Daniel Mendoza was honored with a national recognition from Flock Safety for his investigation into auto thefts. Flock Safety automated license plate readers have become a standard in law enforcement.
ANALYSIS
Staff seeks to enter into a five-year contract with Flock Safety at a cost of $20,000 per year for a total of $100,000. Flock Safety has proven to be an important public safety tool. The Flock Safety automated license plate system not only gives the Colma Police Department access to our cameras but other cameras in San Mateo County and California. This has been extremely useful during investigations when a criminal element is associated with a license plate and the license plate is then tracked through various jurisdictions, allowing outside agencies to be alerted to a Colma suspect in their area.
The actual five year agreement has been reviewed and negotiated by the City Attorney’s office.
Some of the more relevant terms include the following:
• Flock grants to the Town a non-exclusive, non-transferable right to access the features and functions of the Flock Services via Flock’s web interface during the five year term.
• Flock agrees to provide the Town with reasonable technical and on-site support and maintenance services in-person, via phone, or by email, for the cameras and use of the Flock Services via their system.
• In the event of any service disruption, Flock agrees to toll the five year term of the agreement until the Town regains access. For example, in the event of a service interruption lasting five (5) continuous days, the Town will receive a credit for five (5) free days at the end of the five year term.
• The Town shall use Flock Services only in compliance with the agreement and all applicable laws and regulations. Flock likewise shall comply with all applicable laws and regulations in its performance of the agreement.
• The Town will generally retain its right to all data uploaded, but Flock does have the right to collect, analyze, and anonymize the data to the extent such anonymization renders the data non-identifiable mostly for training and efficiency purposes in improving the Flock system.
• Both parties agree to maintain the confidentiality of any data received, but the agreement acknowledges the Town has the right to produce any confidential data if mandated to do so by court subpoena or the California Public Records Act. • Flock may access, use, preserve and/or disclose any camera footage to law enforcement authorities, government officials, and/or third parties, but only if legally required to do so.
• The term is five years at $20,000 per year for five years. • Flock will be agreeing to the Town’s addendum to the agreement which was negotiated by the City Attorney’s office. This addendum has greater protections for the Town including an obligation that Flock carry insurance and indemnify the Town for any third party claims or litigation relating to any injury or damage.
Staff Report: Five Year Contract with Flock Safety Page 3 of 3 Council Adopted Values
The City Council’s adoption of the resolution to approve and authorize the City Manager to execute a five year contract with Flock is the responsible thing to do as it reduces the cost of the camera system by $4000 per year or $20,000 over the five year period.
ALTERNATIVES
The following alternative course of action is available to the City Council:
1. Do not approve the contract and pay for the camera system at a cost of $24,000 per year.
CONCLUSION
Staff recommends the City Council adopt the resolution approving and authorizing the City Manager to execute a contract with Flock Safety to provide automated License plate readers cameras to the Town of Colma.
ATTACHMENTS
A. Resolution
B. Flock Safey Contract
25977.00100\41842188.1
Reso 2023-__ - Flock Safety Five Year –ALPR Page 1 of 2
RESOLUTION NO. 2023-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
R
ESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIVE-YEAR CONTRACT WITH FLOCK SAFETY FOR AUTOMATED LICENSE PLATE READERS IN THE TOTAL AMOUNT OF $100,000 PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does resolve as follows:
1. Background
(a) In July of 2021 the Town entered into a contract with Flock Safety Systems to install and manage four Automated License Plate Reader (ALPR’s) in the Town at a cost of $2500.00 per camera, per year.
(b) Since that time, the Town of Colma has added four more cameras at the same price o f $
2500.00 per camera, per year.
(c) Town staff is now recommending to the City Council that the Town enter into a five year contract with Flock Safety to memorialize this pricing and allow the Town to continue to pay the same pricing for the next five years.
2. Approval and Authorization
(a) The five year agreement between the Town of Colma and Flock Safety, a copy of which is on file with the City Clerk, is approved by the City Council of the Town of Colma. (b) The City Manager is authorized to execute said agreement on behalf of the Town of Colma, with such minor technical amendments as may be deemed appropriate by the City Manager and the City Attorney.
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Attachment A
25977.00100\41842188.1
Reso 2023-__ - Flock Safety Five Year –ALPR Page 2 of 2
Certification of Adoption
I certify that the foregoing Resolution 2023-__ was duly adopted at a regular meeting of said City Council held on December 13, 2023 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Joanne F. del Rosario, Mayor
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Voting Tally
Dated ______________________ ___________________________________ Joanne F. del Rosario, Mayor
Attest: ____________________________
Abigail Dometita, Interim City Clerk
[email protected]
Attachment B
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.
Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.
Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with private- incident alerts / minute 1B+ vehicles detected / <60% local crime reduction public partnerships month in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.
Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras. The user- friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint TM
technology. Search filters include:
Vehicle make
Body type
Color
License plates
Partial tags
Missing tags
Temporary tags
State recognition
Decals
Bumper stickers
Back racks
Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one- to-one, national, and statewide search networks. Users can also receive alerts from several external LPR databases:
California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on- scene video from a single interactive map for a birdseye view of activity in your jurisdiction.
Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.
Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the
most significant impact.
Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.
Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol
Officers responding to Hot List alerts so they can act
confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.
Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical information you need to do your job by eliminating the
need for password resets and steps in the log-in process.
License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle FingerprintTM technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
V 1 Standard LPR Camera
V Unlimited LTE data service + Flock
OS platform licenses
V 1 DOT breakaway pole
V Dual solar panels
V Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera
designed for fast, easy self-
installation, which is ideal for your
ever-changing investigative needs.
V 1 LPR Camera
V Unlimited LTE data service +
software licenses
V 1 portable mount with varying-
sized band clamps
V 1 Charger for internal battery
V 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
V 1 Long-Rage LPR Camera
V Computing device in protective
poly case
V AC Power
V Permitting, installation, and
ongoing maintenance
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.
Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting
Team and Installation Technicians will work to get your device network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the
platform, while our customer support team will assist
with needs as they arise.
Maintenance We proactively monitor the health of your device network.
If we detect that a device is offline, a full-time technician will service your device for no extra charge.
Note: Ongoing maintenance does not apply to Falcon
Flex devices.
Public Relations Government Affairs
Get support educating your stakeholders, including
city councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
EXHIBIT A
ORDER FORM
Customer: CA - Colma PD Initial Term: 60 Months
Legal Entity Name: CA - Colma PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 1199 El Camino Real Colma, California 94014 Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $20,000.00
Flock Safety Flock OS
FlockOS TM Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 8 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $20,000.00
Annual Recurring Subtotal: $20,000.00
Discounts: $20,000.00
Estimated Tax: $0.00
Contract Total: $100,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer.
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $20,000.00
Annual Recurring after Year 1 $20,000.00
Contract Total $100,000.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $20,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
Package: Essentials
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.
Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.
Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.
Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you.
Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle FingerprintTM technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached , as well as the Supplemental Conditions Addendum. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - Colma PD
By: By:
Name: Name:
Title: Title:
Date: Date:
PO Number:
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 29th Day of November 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes in compliance with applicable laws and regulations, (“Permitted Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.9 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.10 “Installation Services” means the services provided by Flock for installation of Flock Services.
1.11 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.
1.12 “
Vehicle FingerprintTM” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
1.13 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of an Authorized End user which would constitute a breach of this agreement if undertaken by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall instruct Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy- two (72) hours. Flock will provide Customer with reasonable technical and on -site support and maintenance services in - person, via phone or by email at [email protected] (such services collectively referred
to as “Support Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party and interruption of services to Customer is required to protect Flock IP; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will provide written notice of any Service Interruption to Customer as soon as practicable, provide updates on a reasonable basis thereafter, and resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured.
Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous interruption lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if(a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).
Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension. To the extent the suspension is not caused by Customer’s direct actions or the actions of parties associated with Customer, the expiration of the Term will be tolled by the duration of the suspension (for any continuous suspension lasting at least one full day). For example, in the event of a Service Suspension lasting 5 continuous days, Customer will receive a credit for 5 free days at the end of the term.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances.
In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately and shall notify Customer of such circumstances .
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must take reasonable steps to protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer.
Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information for the person designated by Customer to manage this Agreement at all times during the Term of this Agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access to and use of Customer facilities and Customer personnel as reasonably required to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Parties’ Representations. Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content. Flock shall comply with all applicable laws and regulations in its performance of this Agreement, including those relating to the provision of Flock Services.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non- exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data solely for the purpose of providing Flock Services to Customer. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. Each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. Subject to the California Public Records Act and other applicable law, The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information, except as may be required by law, regulation, or Court order. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any lawful purpose in Flock’s sole discretion. Customer shall not, and shall instruct Authorized End Users not to: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) intentionally interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or pr oprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than ninety (90) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least sixty (60) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, and subject to resolution of any dispute raised pursuant to section 6.1 hereof, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “ Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then- current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period In the event of any material breach of this Agreement, the non -breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“ Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the oth er Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period , Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not rec eived due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 4, 5, 6, 7, 8.3, 8.4, 9, 11.1 and 11.6.
8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule)
. In the event that Customer chooses not to
replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services may be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT
ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION
11.6. 8.5 Insurance. Flock will maintain insurance policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions, or acts of hackers.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, AND EMPLOYEES SHALL
NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF
THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE;
OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12)
MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN
EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES
TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6. NOTWITHSTANDING ANYTHING TO THE
CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I)
IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II)
INDEMNIFICATION OBLIGATIONS, OR (III) INTELLECTUAL PROPERTY
INFRINGEMENT OR MISAPPROPRIATION CLAIMS, OR (IV) PERSONAL INJURY CLAIMS CAUSED BY THE DIRECT ACTIONS OF FLOCK.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s indemnity obligations are more fully set forth in the Addendum of Supplemental Conditions hereto.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock.
Should Customer default on any payment of the Flock Services, and subject to Section 7.2, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re - positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall- fee-schedule)
. Customer will receive prior notice and
confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement, and Flock shall be responsible for the acts and omissions of such contractors and will indemnify the Customer for any damages and liabilities resulting from the acts and omissions of its subcontractors.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior written consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule) , and any attached exhibits are the
complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state of California. The Parties hereto agree that venue would be proper in the chosen courts of competent jurisdiction in the County of San Mateo, California. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Upon written consent from Customer, Flock may reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon 30 days’ prior written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed
with insurers with a current A. M. Best rating of no less than “A” and “VII”.
Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, general liability, and cyber liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. The coverage shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the Town, and provided that such deductibles shall not apply to the Town as an additional insured. (ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). The policy shall give Town, its officials, officers, employees, agents and Town designated volunteers additional insured status. Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town as an additional insured, but not a self-insured retention. (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000). Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations othe rwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Contractor or Town will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Town may cancel this Agreement. (iii) The Town may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
ADDENDUM
TOWN OF COLMA SUPPLEMENTAL CONDITIONS
For purposes of this Addendum to the Agreement between Flock Group, Inc. and the Town of Colma, the term “Contractor” shall refer to Flock Group, Inc., and the term “Town” shall be used to refer to the Agency, which is the Town of Colma Police Department. To the extent that any terms of this Addendum are inconsistent or conflict with the Agreement, the Addendum shall control.
1. California Civil Code Compliance. Contractor is advised of, and agrees to comply with, the requirements of the California Civil Code, Division 3, Part 4, Title 1.81.23 COLLECTION OF LICENSE PLATE INFORMATION [§§1798.90.5 - 1798.90.55] as applicable to an automated license plate recognition (ALPR) operator (also referred to as an “ALPR operator”).
Contractor shall maintain reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification or disclosure that are at least as protective as the “Flock Safety End to End Data Security Overview,” “Flock Safety CJIS Compliance Overview,” “Flock Safety Privacy Policy,” and “Flock Safety Internet Security Policy,” (collectively, referred to as the “Flock Security Policies”) as each such policy was in effect as of August 31, 2023. Any amendment to the Flock Security Policies shall be transmitted to the Town within 10 days. In the event the Flock Security Policies or t amendments would violate any State or Federal law, then the Town shall have the right to terminate the Agreement and Contractor will refund to Town a pro-rata portion of the pre-paid Fees for Services not received due to such termination.
2. Disclosure of Security Breach. Contractor is advised of the requirements of the California Civil Code, section 1798.29, requiring notification to any resident of California in the event of breach of the security of the system. Contractor agrees it will notify the Town immediately (and in no event more than 24 hours) upon the known occurrence of any breach in the security of data that may potentially trigger the need for security breach notifications pursuant to Civil Code section 1798.29 or similar State or Federal law. The parties agree that the Town will control the timing and content of any required security breach notification, and agree that Contractor shall fully pay or reimburse the Town for the costs of providing any security breach notification required by Civil Code section 1798.29,or similar State or Federal law, resulting from any security breach of the Flock Safety platform. Contractor’s responsibility for the costs of providing such security breach notifications shall not be limited by any disclaimer or limitation of liability in the Agreement, including but not limited to Sections 2.1 and 8.4 and Article 9 of the Agreement.
3. Indemnification . To the fullest extent permitted by law, Contractor shall indemnify, defend with counsel reasonably acceptable to the Town, and hold harmless the Town and its officials, officers, employees, agents, contractors, consultants, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of or relating to 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 Contractor or its employees, subcontractors, or agents. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the Town or its officers, employees, agents, contractors, consultants, or volunteers and (2) the actions of Contractor 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 Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by Town of insurance certificates and endorsements required under the contract does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause is a material element of the Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. This Section 3 shall survive termination or expiration of this Agreement. Contractor’s indemnification obligation pursuant to this Section shall not be limited by any disclaimer or limitation of liability in the Agreement, including but not limited to, Sections 2.1 and 8.4 and Article 9 of the Agreement.
4. Infringement. Without limiting the generality or applicability of Section 3, above, if a third party makes a claim against the Town that any use of the Services in accordance with the terms of this Agreement infringes such third party’s intellectual property rights, Contractor, at its sole cost and expense, will defend Town against the claim and indemnify Town from the damages, losses, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Contractor, provided that Town: (i) notifies Contractor promptly in writing of the claim; (ii) gives Contractor sole control of the defense and any settlement negotiations; and (iii) gives Contractor reasonable assistance in the defense of such claim. If Contractor believes or it is determined that the Services violated a third party’s intellectual property rights, Contractor may choose to either modify the Services to be non- infringing or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Contractor may terminate Town’s use rights and refund any unused, prepaid fees Town may have paid to Contractor.
5. California Public Records Act Compliance. Notwithstanding Section 5 of the Agreement, Contractor expressly understands that Town is a public Customer subject to the California Public
Records Act (Cal. Government Code § 7922.000 et seq.). In the event that Town receives a public records request seeking the disclosure of information that Contractor has designated as its “Proprietary Information,” Town shall notify Contractor, and Contractor shall be allowed to take any reasonable action to preserve the confidentiality of such information. Town’s obligation shall only extend to notifying Contractor of the request, and Town shall have no obligation to preserve the confidentiality unless doing so is in full compliance with the law.
6. Independent Contractor . It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the Town as to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the Town.
Contractor shall be entirely responsible for the compensation of any employees used by Contractor in providing said services.
7. Subcontractors . Notwithstanding Section 2.1 of the Agreement, if Contractor utilizes a third-party subcontractor or other vendor to provide the Services under this Agreement, Contractor shall ensure that such subcontractor(s) or vendor(s) complies with the terms of this Agreement, and shall be jointly and severally liable with the subcontractor/vendor for any breach by the subcontractor/vendor.
8. Appropriation. Town’s funding of this Agreement shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations. Contractor acknowledges that the Town is a municipal corporation and is precluded by the California Constitution and other laws from entering into obligations that financially bind future governing bodies. Nothing in this Agreement shall constitute an obligation of future governing bodies to appropriate funds for the purposes of this Agreement. The parties agree that the Initial Term and any renewal term(s) is contingent upon the appropriation of funds by the Town.
9. Business License. Pursuant to the Town of Colma Municipal Code, Chapter 4, Contractor shall procure a business license, pay the applicable tax prescribed therefor, and comply with all applicable Town regulations governing businesses within the Town.
Staff Report - SB 1383 Grant Page 1 of 2
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Kathleen Gallagher, Sustainability Manager, CSG
VIA: Daniel Barros, City Manager
MEETING DATE: December 13, 2023
SUBJECT: Resolution to Accept SB 1383 Grant
RECOMMENDATION
Staff recommends the City Council adopt the following:
RESOLUTION OF THE TOWN OF COLMA AUTHORIZING SUBMITTAL OF INDIVIDUAL
GRANT APPLICATIONS TO CALRECYCLE FOR ALL GRANT PROGRAMS FOR WHICH THE TOWN OF COLMA IS ELIGIBLE PURSUANT TO CEQA GUIDELINE 15378 E
XECUTIVE SUMMARY
The Department of Resources Recycling and Recovery (CalRecycle) recently announced a new grant, Senate Bill 1383 Local Assistance $75,000 Grant, for jurisdictions to assist with funding for implementation of SB 1383 programs and requirements. SB 1383’s requirements for jurisdictions include organics collection programs to divert organics from landfill, meeting annual organic waste product procurement requirements, meeting recycled content procurement requirements, meeting edible food recovery requirements, reporting to CalRecycle, etc. The Public Resources Code sections 48000 et seq. authorizes CalRecycle to administer various grant programs for jurisdictions in efforts to reduce, recycle, compost, and reuse waste generated to protect public health and safety, and the environment, and reduce greenhouse gas emissions. CalRecycle requires a resolution from jurisdictions to accept the SB 1383 grant.
FISCAL IMPACT
The $75,000 grant will assist the Town in offsetting costs for implementation of programs for compliance with SB 1383.
BACKGROUND AND ANALYSIS
SB 1383 (Chapter 395, Statutes of 2016) is landmark legislation that requires 75% organic waste diversion from landfill by 2025, and recovery of 20% of currently disposed edible food by 2025. These aggressive targets were established to reduce methane, a powerful greenhouse gas that is emitted from landfilled organic waste. SB 1383 requires jurisdictions to implement several measures that include adoption of an ordinance, adoption of a procurement policy, new Item #6
Staff Report - SB 1383 Grant Page 2 of 2
outreach/education requirements, universal mandatory organics collection programs, reporting, monitoring and enforcement requirements, establishment of an edible food recovery program, and compliance reporting to CalRecycle on mandatory measures. The Town has these programs underway to be compliant with SB 1383 and the grant will assist the Town in offsetting costs for SB 1383 compliance. CalRecycle recently announced that new grant resolutions are needed from jurisdictions to explicitly allow jurisdictions to apply for CalRecycle grant funding and receive funds if awarded. Therefore, this resolution approval is needed for this grant.
COUNCIL ADOPTED VALUES
The adoption of the Resolution is consistent with the Council value of vision and responsibility because it enables the Town to continue compliance with SB 1383.
SUSTAINABILITY IMPACT
Adoption of the Resolution will assist in improving sustainability by reducing greenhouse gas emissions by diverting organics from the landfill.
ENVIRONMENTAL
The City Council adoption of the resolution to accept the SB 1383 grant is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 as it is a government fiscal activity which does not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment. Implementation of SB 1383 is a state law requirement and the funding from the grant will assist the Town in compliance with state law.
RECOMMENDATION
Staff recommends the City Council adopt the Resolution of the Town of Colma authorizing submittal of the individual Grant applications for which the Town of Colma is eligible pursuant to CEQA Guideline 1537.
ATTACHMENTS
A. Resolution
Res. 2023-__, SB 1383 Grant Page 1 of 2
RESOLUTION 2023-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RE
SOLUTION OF THE TOWN OF COLMA AUTHORIZING SUBMITTAL OF INDIVIDUAL
GRANT APPLICATIONS TO CALRECYCLE FOR ALL GRANT PROGRAMS FOR WHICH THE TOWN OF COLMA IS ELIGIBLE PURSUANT TO CEQA GUIDELINE 15378 1 . Findings
(a) P
ublic Resources Code sections 48000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment.
(
b) In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants. (
c) CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of C
alRecycle grants.
2 . Order
(a) T
own of Colma authorizes the submittal of applications to CalRecycle for all grants for which Town of Colma is eligible.
(b) The City Manager, or their designee, is hereby authorized and empowered to execute in the name of Town of Colma all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
(
c) That these authorizations are effective for five years from the date of adoption. //
//
//
//
//
Attachment A
Res. 2023-__, SB 1383 Grant Page 2 of 2
Certification of Adoption
I certify that the foregoing Resolution No. 2023-__ was duly adopted at a regular meeting of said City Council held on December 13, 2023, by the following vote:
Name Counted toward Quorum Not Counted toward Quorum
Aye No Abstain Present, Recused Absent
Joanne F. del Rosario, Mayor
John Irish Goodwin
Helen Fisicaro
Ken Gonzalez
Carrie Slaughter
Voting Tally
Dated ______________________ ___________________________________ Joanne F. del Rosario, Mayor
Attest: ____________________________
Abigail Dometita, Interim City Clerk
Staff Report: 1520 Hillside Boulevard – Design Review Permit Page 1 of 7 S
TAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Farhad Mortazavi, City Planner
Kathleen Gallagher, Sustainability Manager
VIA: Daniel Baros, City Manager
MEETING DATE: December 13, 2023
SUBJECT: 1520 Hillside Boulevard – Design Review Permit R
ECOMMENDATION
St
aff recommends the City Council adopt the following:
R
ESOLUTION APPROVING THE DESIGN REVIEW PERMIT, WITH MODIFICATIONS, FOR THE TOWN’S SOLAR CARPORT INSTALLATION AT THE TOWN’S COMMUNITY CENTER PURSUANT TO CEQA GUIDELINES 15301 AND 15303
E
XECUTIVE SUMMARY
The project to install solar carports at the Town’s Community Center requires a Design Review permit per the Town’s Municipal Code. The purpose of the design review process is to provide the community and the City Council with an understanding as to how the solar array will appear and to determine if it is consistent with the design review requirements. The solar installation is to be completed in the First Quarter of 2024.
B
ACKGROUND AND ANALYSIS
At the October 13, 2021 City Council meeting, Town staff along with Peninsula Clean Energy (PCE) held a study session to review PCEs procurement process for a solar installation at the Colma Community Center. The session provided the proposed layout of the solar panels on rooftop and on new solar carports and staff and PCE provided the financial and sustainability benefits that the Town would receive by installing solar. The City Council provided feedback Item #7
Staff Report: 1520 Hillside Boulevard – Design Review Permit Page 2 of 7 that they preferred to not have rooftop solar installed, therefore, the updated design included all solar panels on new carports.
The City Council authorized approval of PCE’s Power Purchase Agreement (PPA) with PCE on November 10, 2021. BY approving the PPA, PCE will provide management of solar procurement process for solar array design, installation, operation, and maintenance over a 20-year term.
Over the last several months, city staff have collaborated with PCE on solar installation design alternatives and used the feedback received from the City Council and staff to complete the design. The final design has been provided for review by the City Council as part of the design review approval of the project. The project also benefits residents by providing a safe and operational resiliency center where residents can go to during power outages, high heat days and other emergency events once the future battery storage system is installed.
Council Adopted Values
The adoption of the Resolution is consistent with the Council value of vision and responsibility because it enables the Town to generate renewable energy, reduce greenhouse gas emissions (GHG), reduce costs, and provide community benefit and community resiliency.
Sustainability Impact
Adoption of the Resolution will improve sustainability by reducing GHG, generating renewable energy and assisting the Town in meeting the Climate Action Plan 2030 GHG reduction targets.
Project Description
The project is to install solar panels atop a new carport on the existing community center’s parking lot and the design is a result of collaboration between town staff and PCE which incorporates feedback from prior city council meetings. The project requires a Design Review permit. The community center is within the Town’s General Plan and Zoning designation of Public with a Spanish Mediterranean Design Review Overlay district [DR(S)].
Findings Related to Design Review
Section 5.03.300(b)(ii) of the Colma Municipal Code (CMC) requires that:
Roofs shall be low pitched gable and shed roof types with terra-cotta or similar colored real, individual Spanish barrel tile. No manufactured tile or sheets of tile may be used.
All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.
The proposed roof is of a shed roof type, but the terra-cotta or similar colored Spanish barrel tile application is not feasible as the carport structure and its roof is of steel material, but it will be painted a beige color to closely match the stucco color of the community center. In addition, the modification required from this requirement and its authority is discussed below.
Staff Report: 1520 Hillside Boulevard – Design Review Permit Page 3 of 7 Section 5.03.300(d)(3) of the CMC requires that:
The City Council or Zoning Administrator may, in its sole discretion, modify the application of these DR Design Standards to a modification or addition of an existing building after considering: (a) the nature of the specific standard or standards to be applied; (b) the economic impact of strict compliance with these standards on the property; and (c) the extent to which strict compliance interferes with the property owner’s investment-backed expectations.
The application of the required Spanish Mediterranean design theme/style (Spanish barrel tile, stucco, etc.) is not possible with the nature of the solar panel installation as there is limited technology that would conform to the subject design theme while providing the intended energy savings and environmental benefits. The solar carport achieves multiple benefits for the Town including over $608,000 over the PPA term and meeting one of the Town’s Climate Action Plan programs which are needed to meet the Town’s greenhouse gas reduction targets. Therefore, staff believes that a modification to the Design Standards is appropriate based on the following:
• There are limited options in terms of solar technology to meet the Design Standards; and
• If strict compliance with the Design Standards is imposed, the Town would have difficulty in installing a solar product that will lead to the savings noted above that would in turn lead to an economic impact on the Town, contradicting with the feedback received from the City Council in 2021.
For all the reasons noted above, staff is recommending that the City Council modify the Design Standards as applied to the Project.
Section 5.03.300(d)(4) of the CMC requires that certain findings be made for approval of Design Review as follows:
i.The architectural, site and landscape design of the proposed project incorporates design elements adopted for the DR zone.
ii.The architectural, site and landscape design substantially reflects the goal of the DR zone to achieve a consistent site, landscape and building design theme for the Town of Colma.
The project site is in the Spanish Mediterranean Design Review Overlay zone. The proposed project includes adding a solar carport to 10 existing parking spaces as shown in the site plan for the purpose of solar installation for the reasons as described in the Background Section of this report. Based on the modifications recommended by staff, strict compliance with the Design Standards is not required and staff is recommending that the City Council modify the standards as applied to the Project. All other requirements of the Design Review requirements are met with this application other than the one modification being granted by the City Council to Section 5.03.300(b)(ii) noted above.
Staff Report: 1520 Hillside Boulevard – Design Review Permit Page 4 of 7 Council Adopted Values
The adoption of the Resolution is consistent with the Council value of vision and responsibility because it enables the Town to generate renewable energy, reduce greenhouse gas emissions (GHG) and provide community benefit and community resiliency.
Sustainability Impact
Adoption of the Resolution will improve sustainability by reducing GHG, generating renewable energy and assisting the Town in meeting the Climate Action Plan 2030 GHG reduction targets.
Environmental Review
As Lead Agency for approval of the Design Review permit under the California Environmental Quality Act (CEQA), the Town of Colma finds the project Categorically Exempt under CEQA, California Code of Regulations Section 15301 - Existing Facilities, and 15303 – New Construction or Conversion of Small Structures.
FISCAL IMPACT
The solar installation at the Town’s community center provides the Town with $608,500 of cost savings over the 20-year Power Purchase Agreement term.
CONCLUSION
Staff recommends that the City Council adopt the Resolution approving the Design Review Permit.
CONDITIONS OF APPROVAL
The City Council approves the Design Review to allow for construction of solar carport installation adjacent to the community center, subject to the conditions of approval:
a. Approval. This approval applies specifically to the project plans submitted to the Planning Department on November 30, 2023. All plans submitted for permits and subsequent construction, operation, and use on the site shall be in substantial compliance with these documents, subject to the changes and conditions set out herein. The Design Review Permit is valid for one year and will expire on December 13, 2024, if an associated building permit has not been issued. If this Permit is about to expire with no building permit being issued by the expiration date, the applicant may submit an application for one (1) year extension of the Use Permit to the planning department.
b. Conditions of Approval with the Plan Sets. A copy of these conditions of approval shall be included in the building permit plan set. At least one copy of the Staff Report: 1520 Hillside Boulevard – Design Review Permit Page 5 of 7 stamped approved plans, along with the Approval Letter and Conditions of Approval and/or mitigations, shall be available at the job site at all times during construction.
c. Minor Changes. Minor changes to the approved use of the site may be approved administratively by the City Planner or designee.
d. Permits. The Permittee shall obtain all necessary permits, including building and fire permits.
e. Plans and Documents. All plans and documents must be stamped and signed by all design professionals.
f. California Building Code. All work must comply with the most recent California Building Code edition.
g. ADA Compliance. ADA improvements must comply with the California Building Code requirements.
h. Noise. If the Town receives verified noise complaints from adjacent properties, the Applicant shall modify business practices and/or install further noise control features, such as noise insulation, to the satisfaction of the City Planner and Building Official.
i. Building and Fire Code Compliance. All construction work must comply with 2023 California Building Code, 2023 California Mechanical Code, and 2023 California Fire Code.
j. Stormwater Discharge: Any new roof downspouts should be discharged to landscaped areas.
k. Colors and Materials. Exterior colors and materials for the building must be consistent with the colors and materials noted in the approved architectural plan set.
l. Conditions of Approval with Plan Sets. The conditions of approval shall be reproduced on the first page of the plans submitted for demolition, grading or building permits. Additional pages may be used if necessary. At least one copy of the stamped approved plans, along with the Approval Letter and Conditions of Approval and/or mitigations, shall be available for review at the job site at all times during construction.
m. Construction Signage. Prior to commencing any work on the project, including demolition or grading work, the permittee shall post on the project site in clear view of the public right-of-way, a sign indicating hours of construction and a phone number of the permittee to call for noise complaints.
n. Construction Hours. Per Colma Municipal Code 5.04.220(c), Standard Hours of Construction, within a radius of 500 feet of any residential unit, construction related Staff Report: 1520 Hillside Boulevard – Design Review Permit Page 6 of 7 work including truck hauling is limited to Monday to Friday from 8:00 AM to 7:00 PM, Saturday, 9:00 AM to 5:00 PM, and Sunday from 12:00 PM to 5:00 PM.
o. Storage of Materials in the Public Roadway. No material or equipment shall be stored on the improved portion of any public roadway at any time.
p. Litter Control. Prior to the end of each workday during construction, the contractor or contractors shall pick up and properly dispose of all litter resulting from or related to the project, whether located on the property, within the public rights- of-way, or properties of adjacent neighbors.
q. The requirements of the Colma Fire Protection District shall be met prior to the issuance of building permit(s) for the project. For further information on the requirements of the District, the applicant may contact the Deputy Fire Marshall, Bill Pardini at [email protected] or (650)740-2023. A separate review fee is required as part of the building permit plan check process. These comments include.
r. The Permittee must comply with all applicable federal, state and municipal laws, codes and regulations, including the California Building and Fire Codes. Nothing herein shall be construed as authorizing any approvals under, or any exceptions to any other law, code or regulation, or as authorizing any change to the occupancy classification of the premises or any buildings thereon as defined on the California Building Code. Without limiting the generality of the foregoing.
s. The Permittee shall maintain an annual Colma Business Registration.
t. Prior to issuance of a Business Registration, the Permittee shall arrange for the project site to be inspected for Fire and Life Safety requirements of California Fire Code by the Colma Fire Protection District.
u.
The Conditional Design Review Permit may be modified or revoked should it be determined that: and
1) The property is being operated or maintained in a manner that is detrimental to the public health or welfare, is materially injurious to property or improvements in the vicinity, constitutes a public nuisance, or is contrary to any law, code or regulation;
2) If the Permittee fails to comply with and satisfy the conditions herein; or
3) As otherwise allowed by law.
v.
The Permittee must agree to comply with every term and condition herein by countersigning a copy of this approval.
Staff Report: 1520 Hillside Boulevard – Design Review Permit Page 7 of 7
ATTACHMENTS
A. Resolution
B. Site Plan
C. Elevation
Res. 2023-__, Solar Panel Colma Community Center – Design Review Page 1 of 5 RESOLUTION 2023-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION APPROVING THE DESIGN REVIEW PERMIT, WITH MODIFICATIONS, FOR THE TOWN’S SOLAR CARPORT INSTALLATION AT THE TOWN’S COMMUNITY CENTER PURSUANT TO CEQA GUIDELINES 15301 AND 15303
1. Background.
(a) T
he Town of Colma has actively demonstrated its commitment to a sustainable and resilient future through adoption of its Climate Action Plan 2030 and original Climate Action Plan in 2013 and has implemented new programs and policies that include energy efficiency, water conservation, clean energy programs, and the expansion of local renewable power supply. (b
) The Town has worked collaboratively with Peninsula Clean Energy (PCE) by participating in regional programs that assist the Town in meeting greenhouse gas reduction targets. (c) P
CE is offering a collaborative procurement process to local government partners across San Mateo County in support of its organizational objectives to increase local renewable generation, help reduce energy costs, and help its customers achieve sustainability goals. (
d) A Community Choice Aggregation program such as Peninsula Clean Energy (PCE) is a me
chanism by which local governments assume responsibility for providing electrical power for residential and commercial customers in their jurisdiction in partnership with local commercial energy purveyors and owners of transmission and distribution facilities, which in the case of San Mateo County is Pacific Gas & Electric Co.
(e) T
he Town is proposing to install solar on carports at the Colma Community Center through the PCE regional program for solar installation. (f) P
ursuant to the Colma Municipal Code, the Town’s Community Center is located Spanish Mediterranean Design Review Overlay District and the proposed solar carport installation will require the City Council to approve a design review permit. 2 . Findings Related to Design Review
T
he City Council hereby approves the design review permit for the proposed solar carport installation at the Town's Community Center pursuant to the below legal findings and subject to the below conditions of approval:
Section 5.03.300(b)(ii) of the Colma Municipal Code (CMC) requires that:
Roofs shall be low pitched gable and shed roof types with terra-cotta or similar colored real, individual Spanish barrel tile. No manufactured tile or sheets of tile may be used.
All flat roof areas shall be surrounded by a parapet wall and must not be located where they can be viewed from adjacent buildings or property. Parapet walls shall be of such height that will completely screen all rooftop equipment.
Attachment A
Res. 2023-__, Solar Panel Colma Community Center – Design Review Page 2 of 5 The proposed roof is of a shed roof type, but the terra-cotta or similar colored Spanish barrel tile application is not feasible as the carport structure and its roof is of steel material, but it will be painted a beige color to closely match the stucco color of the community center. In addition, the modification required from this requirement and its authority is discussed below.
Section 5.03.300(d)(3) of the CMC requires that:
The City Council or Zoning Administrator may, in its sole discretion, modify the application of these DR Design Standards to a modification or addition of an existing building after considering: (a) the nature of the specific standard or standards to be applied; (b) the economic impact of strict compliance with these standards on the property; and (c) the extent to which strict compliance interferes with the property owner’s investment-backed expectations.
The application of the required Spanish Mediterranean design theme/style (Spanish barrel tile, stucco, etc.) is not possible with the nature of the solar panel installation as there is limited technology that would conform to the subject design theme while providing the intended energy savings and environmental benefits. The solar carport achieves multiple benefits for the Town including over $608,000 over the PPA term and meeting one of the Town’s Climate Action Plan programs which are needed to meet the Town’s greenhouse gas reduction targets. Therefore, staff believes that a modification to the Design Standards is appropriate based on the following:
• There are limited options in terms of solar technology to meet the Design Standards; and
• If strict compliance with the Design Standards is imposed, the Town would have difficulty in installing a solar product that will lead to the savings noted above that would in turn lead to an economic impact on the Town, contradicting with the feedback received from the City Council in 2021.
For all the reasons noted above, staff is recommending that the City Council modify the Design Standards as applied to the Project.
Section 5.03.300(d)(4) of the CMC requires that certain findings be made for approval of Design Review as follows:
i. The architectural, site and landscape design of the proposed project incorporates design elements adopted for the DR zone.
ii. The architectural, site and landscape design substantially reflects the goal of the DR zone to achieve a consistent site, landscape and building design theme for the Town of Colma.
The project site is in the Spanish Mediterranean Design Review Overlay zone. The proposed project includes adding a solar carport to 10 existing parking spaces as shown in the site plan for the purpose of solar installation for the reasons as described in the Background Section of this report. Based on the modifications recommended by staff, strict compliance with the Design Standards is not required and the City Council modifies the standards as applied to the Project. All other requirements of the Design Review requirements are met with this application
Res. 2023-__, Solar Panel Colma Community Center – Design Review Page 3 of 5 other than the one modification being granted by the City Council to Section 5.03.300(b)(ii) noted above.
CONDITIONS OF APPROVAL
The City Council approves the Design Review to allow for construction of solar carport installation adjacent to the community center, subject to the conditions of approval:
a. Approval. This approval applies specifically to the project plans submitted to the Planning Department on November 30, 2023. All plans submitted for permits and subsequent construction, operation, and use on the site shall be in substantial compliance with these documents, subject to the changes and conditions set out herein.
The Design Review Permit is valid for one year and will expire on December 13, 2024, if an associated building permit has not been issued. If this Permit is about to expire with no building permit being issued by the expiration date, the applicant may submit an application for one (1) year extension of the permit to the planning department.
b. Conditions of Approval with the Plan Sets. A copy of these conditions of approval shall be included in the building permit plan set. At least one copy of the stamped approved plans, along with the Approval Letter and Conditions of Approval and/or mitigations, shall be available at the job site at all times during construction.
c. Minor Changes. Minor changes to the approved use of the site may be approved administratively by the City Planner or designee.
d. Permits. The Permittee shall obtain all necessary permits, including building and fire permits.
e. Plans and Documents. All plans and documents must be stamped and signed by all design professionals.
f. California Building Code. All work must comply with the most recent California Building Code edition.
g. ADA Compliance. ADA improvements must comply with the California Building Code requirements.
h. Noise. If the Town receives verified noise complaints from adjacent properties, the Applicant shall modify business practices and/or install further noise control features, such as noise insulation, to the satisfaction of the City Planner and Building Official.
i. Building and Fire Code Compliance. All construction work must comply with 2023 California Building Code, 2023 California Mechanical Code, and 2023 California Fire Code.
j. Stormwater Discharge: Any new roof downspouts should be discharged to landscaped areas.
k. Colors and Materials. Exterior colors and materials for the building must be consistent with the colors and materials noted in the approved architectural plan set.
Res. 2023-__, Solar Panel Colma Community Center – Design Review Page 4 of 5
l. Conditions of Approval with Plan Sets. The conditions of approval shall be reproduced on the first page of the plans submitted for demolition, grading or building permits. Additional pages may be used if necessary. At least one copy of the stamped approved plans, along with the Approval Letter and Conditions of Approval and/or mitigations, shall be available for review at the job site at all times during construction.
m. Construction Signage. Prior to commencing any work on the project, including demolition or grading work, the permittee shall post on the project site in clear view of the public right-of-way, a sign indicating hours of construction and a phone number of the permittee to call for noise complaints.
n. Construction Hours. Per Colma Municipal Code 5.04.220(c), Standard Hours of Construction, within a radius of 500 feet of any residential unit, construction related work including truck hauling is limited to Monday to Friday from 8:00 AM to 7:00 PM, Saturday, 9:00 AM to 5:00 PM, and Sunday from 12:00 PM to 5:00 PM.
o. Storage of Materials in the Public Roadway. No material or equipment shall be stored on the improved portion of any public roadway at any time.
p. Litter Control. Prior to the end of each workday during construction, the contractor or contractors shall pick up and properly dispose of all litter resulting from or related to the project, whether located on the property, within the public rights-of-way, or properties of adjacent neighbors.
q. The requirements of the Colma Fire Protection District shall be met prior to the issuance of building permit(s) for the project. For further information on the requirements of the District, the applicant may contact the Deputy Fire Marshall, Bill Pardini at [email protected] or (650)740-2023. A separate review fee is required as part of the building permit plan check process. These comments include.
r. The Permittee must comply with all applicable federal, state and municipal laws, codes and regulations, including the California Building and Fire Codes. Nothing herein shall be construed as authorizing any approvals under, or any exceptions to any other law, code or regulation, or as authorizing any change to the occupancy classification of the premises or any buildings thereon as defined on the California Building Code.
Without limiting the generality of the foregoing.
s. The Permittee shall maintain an annual Colma Business Registration.
t. Prior to issuance of a Business Registration, the Permittee shall arrange for the project site to be inspected for Fire and Life Safety requirements of California Fire Code by the Colma Fire Protection District.
u. The Conditional Design Review Permit may be modified or revoked should it be determined that: and
1. The property is being operated or maintained in a manner that is detrimental to the public health or welfare, is materially injurious to property or improvements in the vicinity, constitutes a public nuisance, or is contrary to any law, code or regulation;
Res. 2023-__, Solar Panel Colma Community Center – Design Review Page 5 of 5
2. If the Permittee fails to comply with and satisfy the conditions herein; or
3. As otherwise allowed by law.
v. The Permittee must agree to comply with every term and condition herein by countersigning a copy of this approval.
Certification of Adoption
I certify that the foregoing Resolution No. 20 23-__ was duly adopted at a regular meeting of said City Council held on December 13, 2023 by the following vote:
Name Counted toward Quorum Not Counted toward Quorum
Aye No Abstain Present, Recused Absent
Joanne del Rosario, Mayor
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Voting Tally
Dated ______________________ ___________________________________ Joanne F. del Rosario, Mayor
Attest: ____________________________
Abigail Dometita, Interim City Clerk
Attachment B
Attachment C
Staff Report re City Selection Committee 2023-2024 Page 1 of 3
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Caitlin Corley, City Clerk
VIA: Daniel Barros, City Manager
MEETING DATE: December 13, 2023
SUBJECT: Council of Cities and City Selection Committee R
ECOMMENDATION
Staff recommends that the City Council make the following motion:
MOTION TO CONFIRM DESIGNATION OF THE MAYOR AS THE VOTING MEMBER FOR
THE COUNCIL OF CITIES, DESIGNATING AN ALTERNATE VOTING MEMBER, AND
GIVING THE VOTING MEMBER DISCRETION ON ANY AND ALL MATTERS TO BE
CONSIDERED
EXECUTIVE SUMMARY
The San Mateo Council of Cities will meet on December 15, 2023 to elect its officers, to make appointments to certain Regional Boards, and to conduct other business. According to the Council’s bylaws, all Council Members from a city are participating members of the Council of Cities, but only the Mayor, or the Mayor’s alternate, is a voting member. By practice, the Mayors of each city are members of the City Selection Committee, which has been delegated the authority to make appointments to certain regional boards.
T
his motion will confirm the designation of the Mayor as the voting member of the Council of Cities and its City Selection Committee, designate an alternate to the Mayor, and grant the voting member discretion in voting on any and all matters.
F
ISCAL IMPACT
This action has no fiscal impact.
BACKGROUND
The Town of Colma City Council is a participant in the San Mateo County Council of Cities and the City Selection Committee. The Council of Cities meets once per month to discuss items of interest to the region and provide networking opportunities for elected officials from the cities of San Mateo County. The members of the San Mateo County Council of Cities are all of the elected officials from the cities in the County, as well as the Board of Supervisors of San Mateo County.
Item #8
Staff Report re City Selection Committee 2023-2024 Page 2 of 3 The City Selection Committee meets several times per year, usually immediately before a Council of Cities business meeting, and elects representatives from among the group of interested elected officials to serve on County-wide committees and boards, such as the San Mateo County Transportation Authority (SMCTA), and the Bay Area Air Quality Management District Board. Only one designated representative from each city is on the City Selection Committee, usually the Mayor. The City Selection Committee meets for the sole purpose of voting for the elected officials who will serve on County-wide committees and to elect the officers to the Council of Cities for the upcoming year.
ANALYSIS
The bylaws of the San Mateo Council of Cities provides that each Council Member is a participating member of the Council, that each city shall have one vote, and that the Mayor, or an alternate designated by the city, is the voting member for that city.
The proposed motion would confirm the designation of the Mayor as the Town’s voting representative to the City Selection Committee and would appoint an alternate as voting member in case of the Mayor’s absence.
The proposed motion would also confirm that the voting member has the discretion to vote on any matter before the Council of Cities. The voting member may seek and hear input and opinions of fellow Council Members but is not bound to vote in accordance with any instructions from fellow council members.
Attached to this staff report for discussion are a list of the vacant assignments and those currently seeking appointment. The City Selection Committee Agenda Packet, including letters of interest, is also attached.
Council Adopted Values
This recommendation is consistent with the Vision category from the Council’s adopted values from the Values-Based Code of Conduct. The Mayor will vote to select committee members and board representatives that may have a direct impact on regional issues that are of interest to the Town of Colma.
Alternative
The alternative to giving the Mayor discretion to vote at the City Selection Committee meeting is to require the Mayor to vote in a manner consistent with the directions of the City Council.
While this alternative is technically feasible, it is not a workable alternative when there are several potential candidates or issues to be voted on. The more candidates or issues there are to be voted on, the more complicated and unworkable this alternative becomes.
CONCLUSION
Staff recommends that the City Council adopt the proposed motion.
Staff Report re City Selection Committee 2023-2024 Page 3 of 3
ATTACHMENTS
A. List of Commission/Committee vacancies
B. San Mateo County City Selection Committee Agenda Packet C. Proxy Designation Form
City Selection Committee Meeting
December 15, 2023
C
ommission/Committee Vacancies
Seeking
Appointment/Reappointment
Bay Area Air Quality Management
District (BAAQMD)
COMPENSATED
1 seat available,
representing All Cities.
1. Davina Hurt, Belmont – seeking
reappointment
Domestic Violence Council (DVC)
UNCOMPENSATED
1 seat available,
representing All Cities.
1. Ruben Abrica, East Palo Alto –
seeking reappointment
Domestic Violence Council (DVC)
Alternate Member
UNCOMPENSATED
1 seat available,
representing All Cities.
1. San Mateo County Transportation
Authority (SMCTA)
COMPENSATED
1 seat available,
representing All Cities.
1. Emily Beach, Burlingame – seeking
reappointment
San Mateo County Transportation
Authority (SMCTA)
COMPENSATED
1 seat available,
representing Northern
Cities.
1. Mark Nagales, South San Francisco –
seeking reappointment
San Mateo County Council of
Cities Officers Vacancies
Seeking
Appointment/Reappointment
Chairperson 1 seat 1. Rico E. Medina, San Bruno – seeking reappointment
Vice Chairperson 1 seat 1. Eddie Flores, South San Francisco – seeking reappointment
Attachment A
1 | Page
TO: MAYORS
OF SAN MATEO COUNTY
FROM: SU KHMANI S. PUREWAL, SECRETARY
SUBJECT: REGULAR MEETING OF THE CITY SELECTION COMMITTEE Mayor Rico E. Medina, Chairperson of the San Mateo County City Selection Committee called for a Regular in person meeting of the Committee at 6:15 p.m. on Friday, December 15, 2023, at Colma Fire House – 50 Reiner Street Colma, CA 94014.
AGENDA
1) Roll Call
2) Selection of one (1) Councilmember to serve on the Bay Area Air Quality Management District (BAAQMD) representing Cities (All Cities are eligible), for a term of two (2) years beginning January 1, 2024 through December 31, 2025.
i. Belmont Vice M
ayor Davina Hurt, is seeking reappointment
3) Selection of one (1) Councilmember to serve as a regular member on the Domestic Violence Council (DVC)
representing Cities (All Cities are eligible), for a term of three (3) years beginning January 1, 2024 through December 31, 2026.
i. East
Palo Alto Councilmember Ruben Abrica, is seek ing reappointment 4) Selection of one (1) Councilmember to serve as an Alternate on the D omestic Violence Council (DVC) representing Cities (All Cities are eligible), for a term of three (3) years beginning January 1, 2024 through December 31, 2026.
5) Selection of one (1) Councilmember to serve on the San Mateo County Transportation Authority (SMCTA) representing Cities (All Cities are eligible), for a term of two (2) years beginning January 1, 2024 through December
31, 2025.
i. Burlingame Councilmember Emily Beach, is seeking reappointment 6) Selection of one (1) Councilmember to serve on the San Mateo County Transportation Authority (SMCTA)
representing Northern Cities (Eligible Cities: Brisbane, Colma, Daly City, Pacifica, San Bruno, and South San Francisco)
for a term of two (2) years beginning January 1, 2024 through Decembe
r 31, 2025.
i. South San Francisco Vice Mayor Mark Nagales, is seeking reappointment
SAN MATEO COUNTY
CITY SELECTION COMMITTEE
Rico E. Medina, Chairperson
Eddie Flores, Vice Chairperson
Sukhmani S. Purewal, Secretary
400 County Center
Redwood City, 94063
650-363-1802
Attachment B
2 | Page
7) Election of a Chairperson to the City Selection Committee for 2024 (Note: Candidates must be a current Mayor or Council Member) i. San B
runo Mayor Rico E. Medina, is seeking reappointment
8) E
lection of a Vice Chairperson to the City Selection Committee for 2024 (Note: Candidates must be a current Mayor or Council Member) i. Sou
th San Francisco Councilmember Eddie Flores, is seeking reappointment 9) O
ral Communications and Announcements
i. P
ublic Comment – Opportunity for the public to address the San Mateo County City Selection Committee.
ii. Any subject not on the agenda may be presented at this time by members of the City Selection Committee. These topics cannot be acted upon or discussed, but may be agendized for a later meeting date.
1 One Twin Pines Lane
Belmont, CA 94002
San Mateo County City Selection Committee
The Honorable Rico Medina, Chairperson and Mayor of San Bruno ℅ Sukhmani S. Purewal, Secretary to City Selection Committee 400 County Center
Redwood City, CA. 94063
November 30, 2023
Dear Honorable Chairperson, Mayors, and City Council Members of San Mateo County, I am writing to respectfully request your support to continue serving as the representative of the 20 cities and towns of San Mateo County on the board of directors for the Bay Area Air Quality Management District (BAAQMD) and, in turn, the air quality regulatory body for the state - California Air Resources Board (CARB.) BAAQMD aims to create a healthy breathing environment for every Bay Area resident while protecting a nd improving public health, air quality, and the global climate. During my 4 years at the Air District, I served in pivotal roles, which has positioned me to effectively advocate for our communities at the regional and state levels. Highlights are serving as vice chair and secretary of the board, whereby I oversaw and managed with Chair John Bauters of Emeryville -
• the hiring of a new Executive Director/APCO,
• a board-initiated management audit,
• an overhaul of the administrative code,
• adoption of policies aligning human resources best practices, • initiation of a new strategic planning session,
• board labor contracts and critical litigation,
• along with the integral role in the creation of the first Community Advisory Council of the Board.
In our efforts to reimagine community engagement, I served as chair of the first Community Health Equity and Justice Committee of the board that focuses its time and attention on making sure all communities have a public pathway to being heard, especially those most impacted by stationary and mobile sources in our communities. Additionally, I am honored and humbled to be nominated this month and poised to be voted in as the next Board Chair for a two-year term in line with reappointment.
In conjunction with BAAQMD representation, I was appointed by Governor Gavin Newsom and confirmed in a Senate confirmation Q&A hearing to represent the (9) counties of the Bay Area at CARB till 2026. As a board member of the CARB, I am one of only a few board members appointed from locally elected positions that bring the direct voice of cities, towns, and counties to the import ant work of CARB. Since my appointment, I have hit the ground running by forging new relationships for the county, bolstering existing ones, and making policy decisions to implement funding from the California State Budget as well as a range of programmati c funds derived from fees and penalties that will shape how well our communities transition to a green economy and attain carbon neutrality. I have attached a list of additional meetings I 2 One Twin Pines Lane
Belmont, CA 94002
have taken outside of the Air District meetings to unite businesses and non-profit organizations to San Mateo County and the Bay Area.1 These are our future problem solvers working on unique opportunities to positively address our air quality problems.
Throughout my tenure on the BAAQMD board, I have made a gre at effort to learn about the regulatory and programmatic efforts of the district – which are many. The work of the district is critically important to protecting and improving public health and meeting the challenges of decarbonization to mitigate the wors t outcomes of climate change. As we look to the future, I will remain an advocate for meaningful regulation, transparency, and accountability. I am passionately committed to ensuring programs such as the Community Air Protection Program (CAPP), Clean Cars for All Program, the Clean Air Filtration Program, and the Spare the Air service continue to provide tangible and equitable benefits to our cities and all district residents. I will continue to ensure traditionally underrepresented and under -resourced communities benefit greatly from district investments and regulatory policy to improve air quality and health outcomes. I am committed to continuing to fulfill BAAQMD’s critical mission with a focused eye on permitting and enforcement, while taking a progressive approach to regulate air pollution by internal and external systems.
After attending COP26 and COP27 as a California delegate, it is clear to me that at every level of community and government, we have critical work to combat climate change and clean o ur air quality. Knowing how imperative it is that we create a strategic plan to ensure we meet the ambitious goals for our state and globe, I am on the subcommittee for strategic planning for BAAQMD and will continue to monitor closely our implementation working groups of our various regulatory actions. Lastly, I will continue the great tradition of collaborative leadership that has been a hallmark of this county and persist in forming private and public partnerships to further our shared goals.
Leadership means listening, learning, and acting; this is what we do in San Mateo County to make positive changes. It has been my honor representing and advocating for San Mateo County Cities on the BAAQMD. I look forward to the opportunity to continue serving with your trust and working hard for the needs of our diverse communities as a San Mateo County Cities’ representative, Vice Chair for BAAQMD, and board member for CARB.
Thank you for your consideration.
Sincerely,
Davina Hurt
City of Belmont Vice Mayor/Former Mayor
Vice Chair, Bay Area Air Quality Management District of San Mateo County Cities Board member, California Air Resources Board
1 October 2021-June 2023 Meetings of Vice Chair Davina Hurt of CARB as BAAQMD Representative (Pages 3-10) 3 One Twin Pines Lane
Belmont, CA 94002
CARB Quarterly Reports for Bay Area Air District Board of Directors Since Appointment October 2021-June 2023 Meetings of Vice Chair Davina Hurt of BAAQMD
1. October – December 2021:
2. January – March 2022:
3. April – June 2022:
4. July – September 2022:
5. October – December 2022:
6. January – June 2023:
4 One Twin Pines Lane
Belmont, CA 94002
5 One Twin Pines Lane
Belmont, CA 94002
6 One Twin Pines Lane
Belmont, CA 94002
7 One Twin Pines Lane
Belmont, CA 94002
8 One Twin Pines Lane
Belmont, CA 94002
9 One Twin Pines Lane
Belmont, CA 94002
10 One Twin Pines Lane
Belmont, CA 94002
Register online with the City of Burlingame to receive regular City updates at www.burlingame.org/enews.
MICHAEL BROWNRIGG, MAYOR
DONNA COLSON, VICE MAYOR
EMILY BEACH
RICARDO ORTIZ
PETER STEVENSON TEL: (650) 558-7201
www.burlingame.org
The City of Burlingame
CITY HALL -- 501 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010-3997
Dear Colleagues,
I would be honored to earn your vote as I seek reappointment to the San Mateo County Transportation Authority (TA) Board of Directors representing Peninsula Cities-at-Large. Serving on the TA has been a top highlight of my public service, and I’m grateful for the opportunity you have entrusted me with during the past seven years. I am passionate about improving our county’s mobility with cost-effective, equitable, and innovative solutions. Transparency, fiscal responsibility, and sustainability are core values that guide my work on the TA.
I am currently the longest-serving member of the SMCTA Board, which enables me to provide important context and institutional memory for our team. I want to continue serving on the SMCTA Board so I can help navigate complex policy issues during the year ahead. These include:
• Overseeing the environmental review and preferred project alternative selection for the US 101 Express Lanes north of 380 to San Francisco County. This is a controversial project that requires thoughtful deliberation and experienced leadership. • Creating the first expenditure plan for the U.S.101 Express Lanes toll revenue. I will help ensure this expenditure plan is grounded in mode-shift, equity, and sustainability. • Launching and evaluating the effectiveness of the Express Lanes new-and-improved $200 annual community transportation benefit (equity) program “Version 2.0.” • Developing a responsible exit strategy for the TA’s $100M loan to the Express Lanes JPA. As a founding finance committee member, I am uniquely poised to help. • Beginning the next SMCTA five-year Strategic Plan update, which will likely include strategies for renewing our voter-approved Measure A half-cent transportation sales tax. • Developing and approving the first Countywide Automated Vehicles Strategic Plan in partnership with C/CAG.
• Administering SMCTA’s upcoming (and historically largest) Bicycle and Pedestrian call for projects and grants.
I take my role as your Cities-at-Large Representative seriously, and I always cast my vote with the long-term best interests of San Mateo County constituents in mind. I’ve worked hard to earn your trust by actively listening and seeking your perspectives, touring your communities, preparing diligently for meetings and policy discussions, and working to spread Measure A & W grant dollars fairly throughout the county. You can count on me to be vigilant about our fiduciary responsibility to the taxpayers of San Mateo County.
Register online with the City of Burlingame to receive regular City updates at www.burlingame.org/enews. Attendance, Engagement, & Continuity
I am honored to serve with such a collaborative and dedicated team of elected leaders and staff members at SMCTA. I have thoroughly enjoyed serving on the Board, as demonstrated by my high level of engagement and 98% attendance record. In seven years, I’ve only missed two meetings (one for a family emergency, and one for international travel before Zoom options existed!) I volunteer on TA subcommittees, attend community outreach meetings about TA projects throughout the County to hear first-hand input from constituents, and occasional Community Advisory Committee meetings about controversial issues. It’s also been my honor to serve as one of three TA representatives on the San Mateo County U.S. 101 Express Lane JPA Board of Directors from its inception. Currently, Hon.
Alicia Aguirre and I are the only two founding Board Members still serving on the JPA.
SMCTA Board Accomplishments
During the past two years, SMCTA enjoyed celebrating ground-breaking and ribbon cutting events with you and your communities for projects our grants sponsored. In addition to those highly visible accomplishments, I want to take this opportunity to spotlight other important policy work happening behind the scenes at SMCTA and the Express Lanes JPA during my current term of service:
• Funded and constructed the U.S. 101 Express Lanes project on-time and under budget.
Launched operations with forward-thinking, equitable, and sustainable policies. • Launched the first pre-funded Express Lane Equity Program in the U.S. enabled by SMCTA’s outstanding credit rating and innovative financing strategy. The California Transportation Commission (CTC) and nationwide industry groups use our program as a national best- practices model.
• Funded free $100 Clipper Cards or FasTrak transponders to more than 3,000 low-income community members distributed by Samaritan House. 75% of participants chose the Clipper Card which reduced automobiles on our roadways and helped increase ridership for our struggling transit agencies. This is an important reminder to all of us policy makers that most lower-income people are transit-dependent and do not drive cars. • Delivered fiscally healthy and socially responsible toll-lane policies that reward all 3-person carpools with free rides, eliminate barriers to entry for low-income drivers who need to access the lanes in an emergency, and charge SOV choice-riders market rates. Despite a decline in commute traffic post-pandemic, revenues from choice-riders cover operational costs, loan payments, and produce additional net revenue for re-investment in JPA priorities. If we continue this responsible trajectory, the JPA is on-track to pay off SMCTA’s loan ahead of schedule.
• Implemented the TA’s five-year Strategic Plan which incorporated Measure W funds and core principals into our new scoring criteria. This yielded projects that prioritized equity and sustainability more than ever before. TA staff and consultants offered historical levels of technical assistance to cities (even required some grantees to revise projects accordingly) to ensure TA-funded projects achieve sustainable goals, not just Level of Service/traffic throughput.
• Co-sponsored and launched the County’s first autonomous vehicle strategic plan efforts with C/CAG.
Personal Commitment
Transportation policy is where I’ve chosen to focus significant time and attention. I believe t houghtful investment in transit improves our community’s quality of life and helps address housing and environmental challenges. My service on other regional transportation bodies helps broaden my perspective as a TA decision-maker. I serve as Vice Chair of Commute.org Board of Directors, a Register online with the City of Burlingame to receive regular City updates at www.burlingame.org/enews. member of Caltrain’s Modernization Local Policy Makers Group (including 7 years as Vice-Chair) and as a member of the County Office of Education’s Safe Routes to Schools Advisory Committee. In the past, I served for seven years as a member of C/CAG’s Congestion Management and Environmental Quality Committee (CMEQ), plus seven years as a member of C/CAG’s Bicycle Pedestrian Advisory Committee. Back in 2020, I was appointed to the Federal Transportation and Infrastructure Advocacy Committee with the National League of Cities. I used that platform to advocate on behalf of our region for additional commuter rail funding for Caltrain (the electrification project, service improvements, and safety improvements like grade separations) plus robust bicycle and pedestrian grants for cities. I do my best to stitch together learnings from these committees to add value, insight, and context in our work together. Mobility solutions are also important to me personally. Literally every day, my family depends on Caltrain, SamTrans, the Dumbarton Express Bus line, BART, Commute.org shuttles, bicycles, and pedestrian infrastructure to get us where we need to go.
With your support, I will continue to steward Measure A and Measure W funds to improve our quality of life here in San Mateo County. Thank you for your consideration and I look forward to s eeing you on December 15th in Colma!
Respectfully,
Emily Beach
Councilmember
City of Burlingame
(415) 377-8125 (mobile)
TO: Sukhm
ani S. Purewal, Secretary
City Selection Committee
SUBJ
ECT: Alternate to the City Selection Committee
I __________________________, Ma
yor of the City/Town of _____________________________,
her
eby appoint Councilmember __________________________________________, to serve as my alter
nate to the City Selection Committee meeting(s).
In the
absence of my appointee, I then appoint: (Please choose one) Counci
lmember __________________________________ to represent me Vice
-Mayor and each Councilmember in order of seniority
(You must check only ONE of the following options)
My al
ternate is to serve for the:
me eting only
Dat e
dura
tion of my term of office as Mayor
I do not c
hoose to appoint an alternate
________________________________________ ___________________________ Signature of Mayor Date
Please return to:
Sukhmani S. Purewal, Secretary
County Executive's Office
Hall of Justice, 400 County Center , 1st Floor
Redwood City, CA 94063
Or email to [email protected] or bring to the meeting If you should have any questions please do not hesitate to call me (650) 363-1802 Updated on
12/2/2022
SAN MATEO COUNTY
CITY SELECTION COMMITTEE
Rico E. Medina, Chairperson
Eddie Flores, Vice Chairperson
Sukhmani S. Purewal, City Selection Secretary
400 County Center
Redwood City, 94063
650-363-1802
Attachment C
Staff Report re Council Committee Assignments Page 1 of 2
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Caitlin Corley, City Clerk
VIA: Daniel Barros, City Manager
MEETING DATE: December 13, 2023
SUBJECT: City Council Committee Assignments for 2024
RECOMMENDATION
Staff recommends that the City Council determine the Council Member Committee Assignments for 2024, and make the following motion:
MOTION APPROVING COMMITTEE ASSIGNMENTS FOR 2024 AND GRANTING TO THE
APPOINTEE DISCRETION IN VOTING ON MATTERS BROUGHT BEFORE THE COMMITTEE.
E
XECUTIVE SUMMARY
In addition to their primary role as Elected Officials of the Town of Colma, the City Council Members serve on a variety of committees that involve the direct participation of its members in a host of local and regional issues and organizations. It is the Town’s practice for the Council to review and modify committee assignments when a new Mayor is selected.
T
he only addition this year is the HEART Member Agency Committee (MAC). The MAC is composed of 9 city HEART Board Members and a City Council member from each member city that does not have a representative on the HEART Board. The purpose of the MAC is to engage with cities that are not on the HEART Board and to provide them with the opportunity to comment on HEART’s financial and program activities. Vice Mayor John Goodwin has been the Town’s representative on this committee the past few years, but it was unintentionally left off the annual list.
F
ISCAL IMPACT
This action has no fiscal impact.
BA
CKGROUND
After the Reorganization of the City Council, Council Members review the committee assignments of the previous term and consider changes. This year, it is particularly important as the retirement of Council Member Diana Colvin left several committee vacancies.
A
ttached is a worksheet showing the current committee assignments, approved by the City Council on December 14, 2022.
Item #9
Staff Report re Council Committee Assignments Page 2 of 2
CONCLUSION
Staff recommends that the City Council determine the Council Member Committee Assignments and adopt a motion approving those Committee Assignments for 2023 and grant to the appointee discretion on voting matters brought before the committee.
ATTACHMENTS
A. Council Committee Assignments 2023 Worksheet
Council Committee Assignments 2024 Worksheet
Committee Name 2023
Primary
2023
Secondary
2024
Primary
2024
Secondary
Association of Bay Area Governments
(ABAG)
(GENERAL ASSEMBLY MEETS TWICE PER YEAR
APRIL & OCTOBER)
del Rosario Gonzalez
California Cities Gaming Authority
(MEETS 3RD WEDNESDAY, 10:00AM) Fisicaro Gonzalez
City/County Association of Governments
(C/CAG)
(MEETS 2ND THURSDAY OF THE MONTH, 7:00PM)
Goodwin Slaughter
Colma Creek Flood District
(MEETS QUARTERLY, 2ND TUESDAY @ 3:00PM IN
MARCH, JUNE, SEPTEMBER AND DECEMBER AT
CITY HALL, SOUTH SAN FRANCISCO)
Fisicaro
Emergency Services Council
(MEETS QUARTERLY, 3RD THURSDAY at 5:30PM
IN JANUARY, APRIL, JUNE & SEPTEMBER, AT THE
HALL OF JUSTICE, JURY ASSEMBLY ROOM IN
REDWOOD CITY)
Slaughter del Rosario
HEART Member Agency Committee (MAC)
(MEETS ANNUALLY IN APRIL) Goodwin
Peninsula Clean Energy Board of Directors
(MEETS 4TH THURSDAY, 6:30PM AT THE COUNTY
OFFICE OF EDUCATION BUILDING IN REDWOOD
CITY)
Gonzalez del Rosario
Peninsula Traffic Congestion Relief Alliance
- “Commute.org” Board of Directors
(6 X A YEAR, THURSDAY MORNINGS)
Gonzalez Slaughter
San Francisco International Airport
Community Roundtable
(MEETS 1ST WEDNESDAY, 7:00PM AT MILLBRAE
CITY HALL)
Goodwin del Rosario
San Mateo County Council of Cities
(MONTHLY DINNER AND MEETING) del Rosario Goodwin
Attachment A