Menlo Park City Council
May 23, 2023

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
REGULAR MEETING AGENDA – AMENDED
Date: 5/23/2023
Time: 6:00 p.m.

Locations: Zoom.us/join – ID# 814 7839 7160 and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
This amended agenda includes updated California Environmental Quality Act (CEQA) language for items I1., I2., and I3.

Members of the public can listen to the meeting and participate using the following methods. If you have issues viewing the meeting, please email the city clerk at [email protected].

How to participate in the meeting
 Submit a written comment online up to one-hour before the meeting start time:
 [email protected]
 Access the meeting real-time online at:

Zoom.us/join – Meeting ID 814 7839 7160
 Access the meeting real-time via telephone at:
(669) 900-6833
Meeting ID 814 7839 7160
Press *9 to raise hand to speak
Watch meeting:
 Access the meeting in-person at Belle Haven Branch Library, 413 Ivy St., where the meeting will be shown live on a big screen using Zoom videoconference technology.  Cable television subscriber in Menlo Park, East Palo Alto, Atherton and Palo Alto:

Channel 26
 City Council Chambers
Subject to Change: The format of this meeting may be altered or the meeting may be cancelled. You may check on the status of the meeting by visiting the city website menlopark.gov. The instructions for logging on to the webinar and/or the access code is subject to change. If you have difficulty accessing the webinar, please check the latest online edition of the posted agenda for updated information (menlopark.gov/agendas)
Regular Session
A. Call To Order
B. Roll Call
C. Agenda Review
D. Report from Closed Session

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
May 23, 2023

E. Public Comment
Under “Public Comment,” the public may address the Commission on any subject not listed on the agenda. Each speaker may address the Commission once under Public Comment for a limit of three minutes. The Commission cannot act on items not listed on the agenda and, therefore, the Commission cannot respond to non-agenda issues brought up under Public Comment other than to provide general information.

F. Presentations and Proclamations
F1. Proclamation: Gun Violence Awareness Day (Attachment) Not a California Environmental Quality Act (CEQA) project.

F2. Presentation: Menlo Park Youth Poetry Voices
Not a CEQA project.

G. Advisory Body Vacancies and Appointments
G1. Consider applicants and make appointments to fill vacancies on the Finance and Audit Committee (Staff Report #23-122-CC)
Not a CEQA project.

H. Consent Calendar
H1. Accept the City Council meeting minutes for March 28, 2023 (Attachment) Not a CEQA project.

H2. Adopt a resolution authorizing the city manager to execute an agreement with Bigbreak, LLC (Chefables) in an amount not to exceed $100,000 for the delivery of food services at the Belle Haven Child Development Center during fiscal year 2023-24 (Staff Report #23-118-CC) Not a CEQA project.

H3. Adopt a resolution approving the preliminary engineer’s report for the Menlo Park Landscaping Assessment District and adopt a resolution intending to order the levy and collection of assessments for the Landscaping Assessment District for fiscal year 2023-24 (Staff Report #23-119-CC)
Not a CEQA project.

H4. Authorize the city manager to enter into a professional services agreement for audit services (Staff Report #23-120-CC)
Not a CEQA project.

H5. Adopt a resolution to support the 2023 Southeast San Mateo County Community Based Transportation Plan (Staff Report #23-121-CC)
Not a CEQA project.

H6. Authorize the city manager to execute an amendment to the professional services agreement with Optony, USA (Staff Report #23-124-CC)

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
May 23, 2023

Not a CEQA project.

I. Public Hearing
I1. Consider a City Council call-up of the Planning Commission denial of a use permit to allow electric pool heating equipment to exceed the nighttime noise limit at 100 Terminal Ave. (Staff Report #23-123-CC)
Determine the project is categorically exempt from CEQA Guidelines under §15302 (Replacement or Reconstruction).

I2. Consider a City Council call-up of the Planning Commission’s decision to approve a use permit for live entertainment, on-site consumption of alcohol, and outdoor seating until 2 a.m. for the proposed restaurant use and architectural control for exterior modifications to the existing commercial building, including modifications to the storefront along the El Camino Real frontage and a new deck and trellis area in the rear of the building to accommodate outdoor dining for the proposed restaurant located at 961 El Camino Real (Staff Report #23-131-CC) Determine the project is categorically exempt from CEQA Guidelines under §15301 (Existing Facilities).

I3. Consider the Planning Commission’s recommendation to approve a request for a revision to an existing planned development permit to reduce the minimum required lot size, reduce the number of required onsite parking spaces from 360 to 315 spaces and modify percentage based development standards (e.g., building coverage and floor area ratio) associated with the reduction in site area (Staff Report #23-125-CC)
Determine the project is categorically exempt from CEQA Guidelines §§15301 (Existing Facilities), 15305 (Minor Alterations in Land Use Limitations) and 15601(b)(3) (Common Sense Exemption).

J. Regular Business
J1. Adopt a Resolution to amend Resolution No. 6738 to remove the drought surcharge that corresponds to stage 2 drought measures from Menlo Park Municipal Water customer bills; Rescind stage 2 drought measures if/when the State Water Board ends its drought regulations that require Menlo Park Municipal Water to implement drought measures in its Water Shortage Contingency Plan (Staff Report #23-126-CC)
Determine that this action is exempt from California Environmental Quality Act pursuant to CEQA Guidelines sections 15307 (actions to protect natural resources), 15308 (actions to protect the environment) and 15269 (actions to prevent or mitigate an emergency).

J2. Resolution to reduce the Utility Users Tax (Staff Report #23-127-CC) Not a CEQA project.

K. Informational Items
K1. City Council agenda topics: May 30 – June 27 (Staff Report #23-128-CC) Not a CEQA project.

K2. Progress report on implementing the 2030 Climate Action Plan (Staff Report #23-129-CC) Not a CEQA project.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Agenda
May 23, 2023

K3. Menlo Park Community Campus – preliminary staffing, operations and programming plan considerations (Staff Report #23-130-CC)
Not a CEQA project.

L. City Manager Report's
M. City Councilmember Reports
N. Adjournment
At every regular meeting of the commission, in addition to the public comment period where the public shall have the right to address the commission on any matters of public interest not listed on the agenda, members of the public have the right to directly address the commission on any item listed on the agenda at a time designated by the chair, either before or during the commission’s consideration of the item.

At every special meeting of the commission, members of the public have the right to directly address the commission on any item listed on the agenda at a time designated by the chair, either before or during consideration of the item.

For appeal hearings, appellant and applicant shall each have 10 minutes for presentations.

If you challenge any of the items listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Menlo Park at, or before, the public hearing.

Any writing that is distributed to a majority of the commission by any person in connection with an agenda item is a public record (subject to any exemption under the Public Records Act) and is available by request by emailing the city clerk at [email protected]. Persons with disabilities, who require auxiliary aids or services in attending or participating in commission meetings, may call the City Clerk’s Office at 650-330-6620.

Agendas are posted in accordance with California Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the city website at menlopark.gov/agendas and can receive email notification of agendas by subscribing at menlopark.gov/subscribe. Agendas and staff reports may also be obtained by contacting the city clerk at 650-330-6620. (Posted: 5/18/2023) Proclamation

NATIONAL GUN VIOLENCE AWARENESS DAY
WHEREAS, every day, more than 120 Americans are killed by gun violence and Americans are 26 times more likely to die by gun homicide than citizens of other high-income countries, with an average of more than 17,000 gun homicides every year; and
WHEREAS, California has an average of 3,253 gun deaths every year, a crisis that costs the state $1060 per resident each year for a total of $4 billion of which $1 billion is paid by taxpayers; and WHEREAS, cities across the nation, including in Menlo Park, are working to end the senseless violence with evidence-based solutions; and
WHEREAS, gun violence prevention is more important than ever as we see an increase in firearm homicides, and nonfatal shootings across the country, increased calls to domestic violence hotlines, and an increase in city gun violence; and
WHEREAS, in January 2013, Hadiya Pendleton was tragically shot and killed at age 15; and on June 2, 2023 to recognize the 26th birthday of Hadiya Pendleton (born: June 2, 1997), people across the United States will recognize National Gun Violence Awareness Day and wear orange in tribute to Hadiya Pendleton and other victims of gun violence, and the loved ones of those victims; and WHEREAS, the idea was inspired by Hadiya’s friends, who asked their classmates to commemorate her life by wearing orange because hunters wear orange to announce themselves to other hunters when out in the woods, symbolizing the value of human life; and
WHEREAS, by wearing orange on June 2, 2023, Americans will raise awareness about gun violence and honor the lives of gun violence victims and survivors; and WHEREAS, we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the hands of people who should not have access to them, and encourage responsible gun ownership to help keep our families and communities safe; and
NOW, THEREFORE, BE IT PROCLAIMED, I, Jen Wolosin, Mayor of the City of Menlo Park, on behalf of the City Council and City, hereby declare the first Friday in June, June 2, 2023, to be National Gun Violence Awareness Day. I encourage all citizens to support their local communities’ efforts to prevent the tragic effects of gun violence and to honor and value human lives.

Jen Wolosin, Mayor
May 23, 2023
AGENDA ITEM F-1 Page F-1.1
City Manager's Office
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-122-CC
Advisory Body Vacancies: Consider applicants and make appointments to fill vacancies on the Finance and Audit Committee
Recommendation
Staff recommends the City Council consider applicants for appointment to vacant seats on the Finance and Audit Committee (FAC).

Policy Issues
City Council Policy CC-23-004 (Attachment A) establishes the policies, procedures, roles and responsibilities for the City’s appointed advisory bodies, including the manner in which members are selected.

Background
Annually, staff conducts a recruitment to fill advisory body vacancies that exist due to expiring terms, members terming out or unexpected vacancies (e.g., resignations). That recruitment period involved a twomonth period of advertisements and announcements from February 6 to April 7, 2023. Incumbent members who were expiring but not terming out were informed of their ability to apply for reappointment. Incumbent members who were expiring and terming out were informed of their ability to apply for a different advisory body. Residents who expressed interest in serving or were not appointed in a previous recruitment were also invited to apply.

Following the April 25 City Council appointments to various advisory bodies, the City Council directed staff to extend the FAC recruitment to fill the remaining two vacancies. This recruitment period involved a twoweek period of advertisements and announcements from April 26 to May 12, 2023. Residents who expressed interest in serving or were not appointed in a previous recruitment were also invited to apply.

The city clerk’s office will provide onboarding and orientation for the new members. This includes the oath of office, commissioner handbook, introduction of advisory body liaison staff, and Brown Act training.

The city clerk’s office regularly reviews all agendas and minutes, tracks attendance (Attachment B) and serves as the principal staff contact for all advisory body members. The City has designated staff to act as a subject matter expert and serves as a liaison between the advisory body and the City Council Analysis
Pursuant to City Council Policy CC-23-0004, members must be residents of the City of Menlo Park and serve for designated terms of two years.

Residency for all applicants has been verified by the city clerk’s office. In addition, the City Council’s policy AGENDA ITEM G-1 Page G-1.1
Staff Report #: 23-098-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov states the selection/appointment process by the City Council shall be conducted open to the public.

Nominations will be made and a vote will be called for each nomination in the order received. Applicants receiving the highest number of affirmative votes from a majority of the City Council present shall be appointed. The number of votes for each City Councilmember is limited to the number of vacancies.

Appointments will be for two-year terms expiring April 30, 2025.

Note, all applications will be provided to the City Council under separate cover and are also available for public viewing at the city clerk’s office during regular business hours or by request (Attachment C). The City Council also has the opportunity to ask applicants if they would consider appointments to an alternate commission. Attachment D lists all applicants including their residency District and Attachment E lists currently seated members and their residency District. These appointments can be made by the City Council at this meeting.

The City received the following applications, listed in alphabetical order by last name:

Finance and Audit Committee – two vacancies:
• Lynne Bramlett
• Jayanta Dey
• Linda Itskovitz
• Susan Prohaska
• Noria Zasslow
Impact on City Resources
Staff support for advisory bodies and funds for recruitment advertising are provided in the annual budget.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. City Council Policy CC-23-004
B. Hyperlink – March 28 City Council attendance Staff Report #23-080-CC:
https://menlopark.gov/files/sharedassets/public/agendas-and-minutes/city-council/2023- meetings/agendas/20230328-city-council-agenda-packet.pdf#page=96 C. Applications
D. Applications by District
E. Current advisory body members by District
Report prepared by:

Judi A. Herren, Assistant to the City Manager/ City Clerk Page G-1.2

COMMISSIONS/COMMITTEES POLICIES AND

PROCEDURES, ROLES AND RESPONSIBILITIES
City Council Policy #CC-23-004
Adopted January 10, 2023
Resolution No. 6803
Purpose
To define policies and procedures and roles and responsibilities for Menlo Park appointed commissions and committees.

Authority
Upon its original adoption, this policy replaced the document known as “Organization of Advisory Commissions of the City of Menlo Park.”
Background
The City of Menlo Park currently has seven active Commissions and Committees. The active advisory bodies are:

Complete Streets Commission, Environmental Quality Commission, Finance and Audit Committee, Housing Commission, Library Commission, Parks and Recreation Commission, and Planning Commission. Those not specified in the City Code are established by City Council ordinance or resolution. Most of these advisory bodies are established in accordance with Resolution No. 2801 and its amendments. Within specific areas of responsibility, each advisory body has a primary role of advising the City Council on policy matters or reviewing specific issues and carrying out assignments as directed by the City Council or prescribed by law.

Six of the seven commissions and committees listed above are advisory in nature. The Planning Commission is both advisory and regulatory and organized according to the City Code (Ch. 2.12) and State statute (Government Code 65100 et seq., 65300-65401).

The City has an adopted Anti-Harassment and Non-Discrimination Policy (CC-21-0022), and a Travel, Meal, and Lodging Policy (CC-19-002), which are also applicable to all advisory bodies.

Policies and Procedures
Relationship to City Council, staff and media
 Upon referral by the City Council, the commission/committee shall study referred matters and return their recommendations and advise to the City Council. With each such referral, the City Council may authorize the City staff to provide certain designated services to aid in the study.  Upon its own initiative, the commission/committee shall identify and raise issues to the City Council’s attention and from time to time explore pertinent matters and make recommendations to the City Council.  At a request of a member of the public, the commission/committee may consider appeals from City actions or inactions in pertinent areas and, if deemed appropriate, report and make recommendations to the City Council.  Each commission/committee is required to develop an annual work plan which will be the foundation for the work performed by the advisory body in support of City Council annual work plan. The plan, once finalized by a majority of the commission/committee, will be formally presented to the City Council for direction and approval no later than September 30 of each year and then reported out on by a representative of the advisory body at a regularly scheduled City Council meeting at least annually, but recommended twice a year. The proposed work plan must align with the City Council’s adopted work plan. When modified, the work plan must be taken to the City Council for approval. The Planning Commission is exempt from this requirement as its functions are governed by the Menlo Park municipal code (Chapter 2.12) and State law (Government Code 65100 et seq, 65300-65401).  Commissions and committees shall not become involved in the administrative or operational matters of City departments. Members may not direct staff to initiate major programs, conduct large studies or establish department policy. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature.

Commissions/Committees may not establish department work programs or determine department program priorities. The responsibility for setting policy and allocating scarce City resources rests with the City’s duly elected representatives, the City Council.
 Additional or other staff support may be provided upon a formal request to the City Council.  The staff liaison shall act as the commission/committee’s lead representative to the media concerning matters before the commission/committee. Commission/Committee members should refer all media inquiries to their respective liaisons for response. Personal opinions and comments may be expressed so long as the commission/committee member clarifies that their statements do not represent the position of the City Council.  Commission/Committee members will have mandatory training every two years regarding the Brown Act and Page G-1.3 ATTACHMENT A

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 2
Adopted January 10, 2023
Resolution No. 6803

parliamentary procedures, anti-harassment training, ethics training, and other training required by the City Council or State Law. The commission/committee members may have the opportunity for additional training, such as training for chair and vice chair. Failure to comply with the mandatory training will be reported to the City Council and may result in replacement of the member by the City Council.  Requests from commission/committee member(s) determined by the staff liaison to take one hour or more of staff time to complete, must be directed by the City Council.

Role of City Council commission/committee liaison
City Councilmembers are assigned to serve in a liaison capacity with one or more city commission/committee. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body.

The liaison also helps to increase the City Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, City Councilmembers may elect to attend commission/committee meetings periodically to observe the activities of the advisory body or simply maintain communication with the commission/committee chair on a regular basis.

City Councilmembers should be sensitive to the fact that they are not participating members of the commission/committee, but are there rather to create a linkage between the City Council and commission/committee. In interacting with commissions/committee, City Councilmembers are to reflect the views of the City Council as a body. Being a commission/committee liaison bestows no special right with respect to commission/committee business.

Typically, assignments to commission/committee liaison positons are made at the beginning of a City Council term in December. The Mayor will ask City Councilmembers which liaison assignments they desire and will submit recommendations to the full City Council regarding the various committees, boards, and commissions which City Councilmembers will represent as a liaison. In the rare instance where more than one City Councilmember wishes to be the appointed liaison to a particular commission, a vote of the City Council will be taken to confirm appointments.

City Staff Liaison
The City has designated staff to act as a liaison between the commission/committee and the City Council. The City shall provide staff services to the commission/committee which will include:
 Developing a rapport with the Chair and commission/committee members  Providing a schedule of meetings to the city clerk’s office and commission/committee members, arranging meeting locations, maintaining the minutes and other public records of the meeting, and preparing and distributing appropriate information related to the meeting agenda.  Advising the commission/committee on directions and priorities of the City Council.  Informing the commission/committee of events, activities, policies, programs, etc. occurring within the scope of the commission/committee’s function.
 Ensuring the city clerk is informed of all vacancies, expired terms, changes in offices, or any other changes to the commission/committee.
 Providing information to the appropriate appointed official including reports, actions, and recommendations of the committee/commission and notifying them of noncompliance by the commission/committee or chair with City policies.
 Ensuring that agenda items approved by the commission/committee are brought forth in a timely manner taking into consideration staff capacity, City Council priorities, the commission/committee work plan, and other practical matters such as the expense to conduct research or prepare studies, provided appropriate public notification, and otherwise properly prepare the item for commission/committee consideration.  Take action minutes; upon agreement of the commission, this task may be performed by one of the members (staff is still responsible for the accuracy and formatting of the minutes)  Maintain a minute book with signed minutes
Recommendations, requests and reports
As needed, near the beginning of City Council meetings, there will be an item called “Advisory Body Reports.” At this time, commissions/committees may present recommendations or status reports and may request direction and support from the City Council. Such requests shall be communicated to the staff liaison in advance, including any written materials, so that they may be listed on the agenda and distributed with the agenda packet. The materials being Page G-1.4

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 3
Adopted January 10, 2023
Resolution No. 6803

provided to the City Council must be approved by a majority of the commission/committee at a commission/committee meeting before submittal to the City Council. The City Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction.

City Council referrals
The city clerk shall transmit to the designated staff liaison all referrals and requests from the City Council for advice and recommendations. The commissions/committees shall expeditiously consider and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignments.

Public appearance of commission/committee members
When a commission/committee member appears in a non-official, non-representative capacity before the public, for example, at a City Council meeting, the member shall indicate that they are speaking only as an individual. This also applies when interacting with the media and on social media. If the commission/committee member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make a commission/committee member’s appearance inappropriate. Conversely, when a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission/committee as a whole (not a personal opinion).

Disbanding of advisory body
Upon recommendation by the Chair or appropriate staff, any standing or special advisory body, established by the City Council and whose members were appointed by the City Council, may be declared disbanded due to lack of business, by majority vote of the City Council.

Meetings and officers

1. Agendas/notices/minutes
 All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, canceled and adjourned meetings may be called when needed, subject to the Brown Act provisions.  Support staff for each commission/committee shall be responsible for properly noticing and posting all regular, special, canceled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, city manager, city attorney, city clerk and other appropriate staff, as requested.  Original agendas and minutes shall be filed and maintained by support staff in accordance with the City’s adopted records retention schedule.
 The official record of the commissions/committees will be preserved by preparation of action minutes.

2. Conduct and parliamentary procedures
 Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow Robert’s Rules of Order.
 A majority of commission/committee members shall constitute a quorum and a quorum must be seated before official action is taken.
 The chair of each commission/committee shall preside at all meetings and the vice chair shall assume the duties of the chair when the chair is absent.
 The role of the commission/committee chair (according to Roberts Rules of Order): To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon; to recognize members entitled to the floor; to state and put to vote all questions which are regularly moved, or necessarily arise in the course of the proceedings, and to announce the result of the vote; to protect the assembly from annoyance from evidently frivolous or dilatory motions by refusing to recognize them; to assist in the expediting of business in every compatible with the rights of the members, as by allowing brief remarks when undebatable motions are pending, if they think it advisable; to restrain the members when engaged in debate, within the rules of order, to enforce on all occasions the observance of order and decorum among the members, deciding all questions of order (subject to an appeal to the assembly by any two members) unless when in doubt he prefers to submit the question for the decision of the assembly; to inform the assembly when necessary, or when referred to for the purpose, on a point of order to practice pertinent to pending business; to authenticate by their signature, when necessary, all the acts, orders, and proceedings of the assembly declaring it will and in all things obeying its commands.

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 4
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Resolution No. 6803

3. Lack of a quorum
 When a lack of a quorum exists at the start time of a meeting, those present will wait 15 minutes for additional members to arrive. If after 15 minutes a quorum is still not present, the meeting will be adjourned by the staff liaison due to lack of a quorum. Once the meeting is adjourned it cannot be reconvened.  The public is not allowed to address those commissioners present during the 15 minutes the commission/committee is waiting for additional members to arrive.  Staff can make announcements to the members during this time but must follow up with an email to all members of the body conveying the same information.
 All other items shall not be discussed with the members present as it is best to make the report when there is a quorum present.

4. Meeting locations and dates
 Meetings shall be held in designated City facilities, as noticed.  All commissions/committees with the exception of the Planning Commission, and Finance and Audit Committee shall conduct regular meetings once a month. Special meetings may also be scheduled as required by the commission/committee. The Planning Commission shall hold regular meetings twice a month and the Finance and Audit Committee shall hold quarterly meetings.  Monthly regular meetings shall have a fixed date and time established by the commission/committee. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the commission/committee to conduct its meeting in a most efficient and effective way as long as proper and adequate notification is provided to the City Council and made available to the public.

The schedule of Commission/Committee meetings is as follows:
 Complete Streets Commission – Every second Wednesday at 6:30 p.m.  Environmental Quality Commission – Every third Wednesday at 6:00 p.m.  Finance and Audit Committee – Third Thursday of every quarter at 5:30 p.m.,  Housing Commission – Every first Wednesday at 6:30 p.m.  Library Commission – Every third Monday at 6:30 p.m.
 Parks and Recreation Commission – Every fourth Wednesday at 6:30 p.m.  Planning Commission – Twice a month on a Monday at 7 p.m.

Each commission/committee may establish other operational policies subject to the approval of the City Council.

Any changes to the established policies and procedures shall be subject to the approval of the City Council.

5. Off-premises meeting participation
While technology allows commission/committee members to participate in meetings from a location other than the meeting location (referred to as “off-premises”), off-premises participation is discouraged given the logistics required to ensure compliance with the Brown Act and experience with technological failures disrupting the meeting. In the event that a commission/committee member believes that their participation is essential to a meeting, the following shall apply:
 Any commission/committee member intending to participate from an off-premise location shall inform the staff liaison at least two weeks in advance of the meeting.
 The off-premise location must be identified in the notice and agenda of the meeting.  Agendas must be posted at the off-premise location.
 The off-premise location must be accessible to the public and be ADA compliant.  The commission/committee member participating at a duly noticed off-premises location does not count toward the quorum necessary to convene a meeting of the commission/committee.  For any one meeting, no more than one commission/committee member may participate from an off-premise location.
 All votes must be by roll call.

6. Selection of chair and vice chair
 The chair and vice chair shall be selected in May of each year by a majority of the members and shall serve for one year or until their successors are selected.
 Each commission/committee shall annually rotate its chair and vice chair.

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 5
Adopted January 10, 2023
Resolution No. 6803

G. Memberships
Appointments/Oaths
 The City Council is the appointing body for all commissions/committees. All members serve at the pleasure of the City Council for designated terms.
 All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the City Council present.  Before taking office, all members must complete an Oath of Allegiance required by Article XX, §3, of the Constitution of the State of California. All oaths are administered by the city clerk or their designee.  Appointments made during the middle of the term are for the unexpired portion of that term.

Application and selection process
 The application process begins when a vacancy occurs due to term expiration, resignation, removal or death of a member.
 The application period will normally run for a period of four weeks from the date the vacancy occurs. If there is more than one concurrent vacancy in a Commission, the application period may be extended. Applications are available from the city clerk’s office and on the City’s website.  The city clerk shall notify members whose terms are about to expire whether or not they would be eligible for reappointment. If reappointment is sought, an updated application will be required.  Applicants are required to complete and return the application form for each commission/committee they desire to serve on, along with any additional information they would like to transmit, by the established deadline.

Applications sent by email are accepted.
 After the deadline of receipt of applications, the city clerk shall schedule the matter at the next available regular City Council meeting. All applications received will be submitted and made a part of the City Council agenda packet for their review and consideration. If there are no applications received by the deadline, the city clerk will extend the application period for an indefinite period of time until sufficient applications are received.  Upon review of the applications received, the City Council reserves the right to schedule or waive interviews, or to extend the application process in the event insufficient applications are received. In either case, the city clerk will provide notification to the applicants of the decision of the City Council.  If an interview is requested, the date and time will be designated by the City Council. Interviews are open to the public.
 The selection/appointment process by the City Council shall be conducted at a City Council meeting. The city clerk will ask each City Councilmember for their nominations; the number of nominations is limited to the number of vacancies. The candidate that receives a majority of nominations will be appointed. If there is a tie, multiple rounds of voting will occur.
 Following a City Council appointment, the city clerk shall notify successful and unsuccessful applicants accordingly, in writing. Appointees will receive copies of the City’s Non-Discrimination and Sexual Harassment policies, and disclosure statements for those members who are required to file under State law as designated in the City’s Conflict of Interest Code. Copies of the notification will also be distributed to support staff and the commission/committee chair.
 An orientation will be scheduled by the city clerk following an appointment (but before taking office) and a copy of this policy document will be provided at that time.

Attendance
 A compilation of attendance will be submitted to the City Council at least annually listing absences for all commissions/committee members.
 Absences, which result in attendance at less than two-thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the member by the City Council.  Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council for a waiver of this policy or to obtain a leave of absence.  While it is expected that members be present at all meetings, the chair and staff liaison should be notified if a member knows in advance that they will be absent.
 When reviewing commissioners for reappointment, overall attendance at full commission meetings will be given significant consideration.

Compensation
 Members shall serve without compensation (unless specifically provided) for their services, provided, however, Page G-1.7

COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 6
Adopted January 10, 2023
Resolution No. 6803

members shall receive reimbursement for necessary travel expenses and other expenses incurred on official duty when such expenditures have been authorized by the City Council (See Policy CC-19-002).

Conflict of interest and disclosure requirements
 A Conflict of Interest Code has been updated and adopted by the City pursuant to Government Code §87300 et seq. Copies of the conflict of interest code are filed with the city clerk. Pursuant to the adopted Conflict of Interest Code, members serving on the Complete Streets Commission, Housing Commission, and Planning Commission are required to file a Statement of Economic Interest with the city clerk to disclose personal interest in investments, real property and income. This is done within 30 days of appointment and annually thereafter. A statement is also required within 30 days after leaving office.  If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using their official position to influence a governmental decision. Questions in this regard may be directed to the city attorney.

Qualifications, compositions, number
 In most cases, members shall be residents of the City of Menlo Park and at least 18 years of age.  Current members of any other City commission/committee are disqualified for membership, unless the regulations for that advisory body permit concurrent membership. Commission/Committee members are strongly advised to serve out the entirety of the term of their current appointment before seeking appointment on another commission/committee.
 Commission/Committee members shall be permitted to retain membership while seeking any elective office.

However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office.
 There shall be seven (7) members on each commission/committee.

Reappointments, resignations, removals
 Incumbents seeking a reappointment are required to complete and file an application with the city clerk by the application deadline. No person shall be reappointed to a commission/committee who has served on that same body for two consecutive terms; unless a period of one year has lapsed since the returning member last served on that commission/committee (the one-year period is flexible subject to City Council’s discretion).  Resignations must be submitted in writing to the city clerk, who will distribute copies to City Council and appropriate staff.
 The City Council may remove a member by a majority vote of the City Council without cause, notice or hearing.

Term of office
 Unless specified otherwise, the term of office for all commission/committee shall be four (4) years unless a resignation or a removal has taken place. The Finance and Audit Committee term of office shall be two (2) years.
 If a person is appointed to fill an unexpired term and serves less than two years, that time will not be considered a full term. However, if a person is appointed to fill an unexpired term and serves two years or more, that time will be considered a full term.
 Terms are staggered to be overlapping four-year terms, so that all terms do not expire in any one year.  If a member resigns before the end of their term, a replacement serves out the remainder of that term.

Vacancies
 Vacancies are created due to term expirations, resignations, removals or death.  Vacancies are posted by the city clerk in the City Council Chambers bulletin board and on the city website.  Whenever an unscheduled vacancy occurs in any commission/committee, a special vacancy notice shall be posted within 20 days after the vacancy occurs. Appointment shall not be made for at least 10 working days after posting of the notice (Government Code 54974).
 On or before December 31 of each year, an appointment list of all regular advisory commissions/committees of the City Council shall be prepared by the city clerk and posted in the City Council Chambers bulletin board and on the City’s website. This list is also available to the public. (Government Code 54972, Maddy Act).

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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 7
Adopted January 10, 2023
Resolution No. 6803

Roles and Responsibilities
Complete Streets Commission
The Complete Streets Commission is charged primarily with advising the City Council on realizing the City's adopted goals for complete streets, vision zero, climate action plan, and provide input on major land use and development projects as it relates to transportation. The Complete Streets Commission's responsibilities include:
 To advance the goals of the city’s newly adopted climate action plan by making alternatives to driving safer and more attractive
 Advise City Council on the implementation of the transportation master plan.  Continue to advocate for and advise the City Council on planning and installing pedestrian and bicycle rail crossing and safe cycling/pedestrian infrastructure.
 Continue to support City Council in ongoing initiatives to improve access to Downtown and support downtown businesses.
 Continue to support the implementation of the Safe Routes to School strategy and advocate for community engagement, program continuity and engineering implementation.  Continue to support City Council’s role as a stakeholder with regard to regional multi-modal and transportation demand management programs projects to increase
Environmental Quality Commission
The Environmental Quality Commission is charged primarily with advising the City Council on matters involving environmental protection, improvement and sustainability. Specific focus areas include:
 Preserving heritage trees
 Using best practices to maintain city trees
 Preserving and expanding the urban canopy
 Making determinations on appeals of heritage tree removal permits  Administering annual Environmental Quality Awards program  Organizing annual Arbor Day Event; typically, a tree planting event  Advising on programs and policies related to protection of natural areas, recycling and waste reduction, environmentally sustainable practices, air and water pollution prevention, climate protection, and water and energy conservation.

Finance and Audit Committee
The Finance and Audit Committee is charged primarily to support delivery of timely, clear and comprehensive reporting of the City’s fiscal status to the community at large. Specific focus areas include:
 Review the process for periodic financial reporting to the City Council and the public, as needed  Review financial audit and annual financial report with the City’s external auditors  Review of the resolution of prior year audit findings  Review of the auditor selection process and scope, as needed Housing Commission
The Housing Commission is charged primarily with advising the City Council on housing matters including housing supply and housing related problems. Specific focus areas include:
 Community attitudes about housing (range, distribution, racial, social-economic problems)  Programs for evaluating, maintaining, and upgrading the distribution and quality of housing stock in the City  Planning, implementing and evaluating City programs under the Housing and Community Development Act of 1974
 Review and recommend to the City Council regarding the Below Market Rate (BMR) program  Initiate, review and recommend on housing policies and programs for the City  Review and recommend on housing related impacts for environmental impact reports  Review and recommend on State and regional housing issues  Review and recommend on the Housing Element of the General Plan Library Commission
The Library Commission is charged primarily with advising the City Council on matters related to the maintenance and operation of the City’s libraries and library systems. Specific focus areas include:
 The scope and degree of library activities
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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 8
Adopted January 10, 2023
Resolution No. 6803

 Maintenance and protection of City libraries
 Evaluation and improvement of library service
 Acquisition of library materials
 Coordination with other library systems and long range planning  Literacy and ESL programs
Parks and Recreation Commission
The Parks and Recreation Commission is charged primarily with advising the City Council on matters related to City programs and facilities dedicated to recreation. Specific focus areas include:
 Those programs and facilities established primarily for the participation of and/or use by residents of the City, including adequacy and maintenance of such facilities as parks and playgrounds, recreation buildings, facilities and equipment
 Adequacy, operation and staffing of recreation programs  Modification of existing programs and facilities to meet developing community needs  Long range planning and regional coordination concerning park and recreational facilities Planning Commission
The Planning Commission is organized according to State Statute.  The Planning Commission reviews development proposals on public and private lands for compliance with the General Plan and Zoning Ordinance.
 The Commission reviews all development proposals requiring a use permit, architectural control, variance, minor subdivision and environmental review associated with these projects. The Commission is the final decision-making body for these applications, unless appealed to the City Council.  The Commission serves as a recommending body to the City Council for major subdivisions, rezoning’s, conditional development permits, Zoning Ordinance amendments, General Plan amendments and the environmental reviews and Below Market Rate (BMR) Housing Agreements associated with those projects.  The Commission works on special projects as assigned by the City Council.

Special Advisory Bodies
The City Council has the authority to create standing committees, task forces or subcommittees for the City, and from time to time, the City Council may appoint members to these groups. The number of persons and the individual appointee serving on each group may be changed at any time by the City Council. There are no designated terms for members of these groups; members are appointed by and serve at the pleasure of the City Council.

Any requests of city commissions or committees to create such ad hoc advisory bodies shall be submitted in writing to the city clerk for City Council consideration and approval.

Procedure history
Action Date Notes
Procedure adoption 1991 Resolution No. 3261
Procedure adoption 2001
Procedure adoption 2011
Procedure adoption 2013 Resolution No. 6169
Procedure adoption 2017 Resolution No. 6377
Procedure adoption 6/8/2021 Resolution No. 6631
Procedure adoption 3/1/2022 Resolution No. 6706
Procedure adoption 3/8/2022 Resolution No. 6718
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COMMISSIONS/COMMITTEES POLICIES AND PROCEDURES, ROLES AND RESPONSIBILITIES City Council Policy #CC-23-004 9
Adopted January 10, 2023
Resolution No. 6803

Procedure adoption 9/20/2022 Resolution No. 6776
Procedure adoption 1/10/2023 Resolution No. 6803
Page G-1.11
Advisory body application
Submission date: 24 April 2023, 6:50PM
Receipt number: 75
Related form version: 7
Applicant's full name (first and last) Lynne Bramlett
Desired advisory body (check all that apply) Finance and Audit Committee Applicant interest, experience and qualifications
Education BA. Individual Major, UCLA. Teaching Credential. English. San Jose State University. MA. Literature. Notre Dame de Namur University.

Certificate to teach English language learners.

Civic affiliations and community activities, including service on other advisory bodies, commissions or committees
Currently: President, MPC Ready, a neighborhood-level disaster preparedness organization. Trustee, Trinity School. Vice President, Mid Peninsula Newcomers Club. Member, San Mateo County Chamber of Commerce. Member, San Mateo County Medical Reserve Corps.

Member, Trinity Church. Member, Belle Haven Climate Change Community Team (CCCT).

Previous: City of Menlo Park Library Commissioner. Led a City of Menlo Park Library affiliated Film Discussion group for almost 6 years. Found a replacement and turned group over to a new leader in January 2023.

Participated in 2 City of Menlo Park temporary working groups in likely 2003 or 2004 timeframe.
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DISTRICT 3 ATTACHMENT C Page G-1.12
Describe your understanding of the responsibilities of the advisory body that you are applying for and how your personal community or professional experience relate to these responsibilities
I routinely attended the Finance and Audit Committee meetings for approximately 2.5 years, stopping around March 2020. I read the City's financial documents closely, including the footnotes. My attendance led to my helping a FAC subcommittee working on aspects of the FAC workplan. The then budget director also asked for my research and writing help with a special project. I also helped staff to put on a budget workshop.

The overall role is stated at the City's website: The Finance and Audit Committee is charged primarily to support delivery of timely, clear and comprehensive reporting of the City’s fiscal status to the community at large.

My background includes public relations and marketing
communications at HP. There, I routinely had to write about complex technology so that it was understandable by non technology professionals. I've also taught writing, including at the college level. This skill set could be helpful with the City's financial documents and especially the budget document. I could also do some benchmarkingrelated research to identify examples from elsewhere for the staff's consideration.

My background also includes planning events and workshops. I could help the staff, as needed, with presenting the City's budget information.

My aim is to support staff. I also have other volunteer responsibilities that require my time.

As for the other financial reports, I would read them closely and prepare questions. I've also been part of many teams. I recognize the importance of teamwork and building trusting relationships with the staff and my counterparts.

Page G-1.13
2 of 4
Describe why you want to serve on this advisory body and what you hope to accomplish as a member
I planned to originally apply during the initial application period.

However, I decided to just attend the meetings. I apply now due to the staff report for the April 25 meeting. I see that the FAC needs one more applicant. I would like to see the FAC remain at 7 people, so I apply.

I would like to help increase transparency for the City's financial reporting. For example, I would like to see the Vendor Payments posted to the City's website. They used to be posted but I no longer see them.

These payments are like the City's checkbook. As some Council members know, the City was paying $50K per year to a another government entity for services the City did not receive. The contract lapsed and the reporting stopped soon after. However, the $50K yearly payments continued for years. The City employee who was to oversee the "outsourced" work left the City and so the outsourced work had no oversight. I learned about this accidently because I was in a position to ask questions and to "connect the dots."
A FAC review could identify a category of payments that warrant follow up by the staff. The staff could ask questions and/or make sure the paperwork was in order. Some jurisdictions present the "vendor payments" to their governing bodies. However, I think the FAC would be the right Committee to do a first pass review.

I would also like to see the awarded RFP responses posted. I think the public should be able to see the vendors' statement of work and what the vendor is being paid for the work. These used to be posted at the City's website but I can no longer find them.

I would also like to see Developer Agreements turned into a a yearly or bi-yearly report. This is something that a FAC could help achieve, especially by dividing up the work. Developer agreements bring in a considerable amount of money to the City. These will phase out at some point and the lost revenue will impact the City. At the last FAC meeting I attended, I believe I heard the Interim Finance Director say that revenue from developers was the City's second highest revenue stream. Sales tax revenue was third. I think the Developer agreements, especially the financial aspects, need holistic reporting in a clear report. The report would help new Council members to also become informed on this important financial topic.

I am also interested in benchmarking and general research pertaining to best practices. For example, the City could move to a two-year budget cycle. The City could also add some participatory budgeting opportunities. The first could save staff time and the second would increase community engagement.

Contact and residency information
Email
Page G-1.14
3 of 4
Cell phone
Home phone
Business phone
Address 1
Address 2
City Menlo Park
State CA
Zip code 94025
Business address
Number of years as a Menlo Park resident 27
Current City Council district District 3
How did you hear about this opportunity (check all that apply) City website Email
If I am appointed, the City is authorized to post the following information on the city website (please select at least one):

Cellphone: Yes
Business phone: No
Home phone: No
Email: Yes
Application acknowledgement and submittal
I certify that the answers given herein are true and complete to the best of my knowledge.

I agree
Signature
Link to signature
Page G-1.15
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Page G-1.16
Page G-1.17
Page G-1.18
( love finances so this would be fun for me )
Email
Cell phone
Home phone
Business phone
Address 1
Address 2
City Menlo Park
State CA
Zip code 94025
Business address
Number of years as a Menlo Park resident 27
Current City Council district District 5
How did you hear about this opportunity (check all that apply) Other Other A classmate from the Stanford GSB (Sally Cole Chair Complete Streets Commission) emailed me "Linda you would be amazing at this What do you think? xx Sally" and thought "this is my opportunity to give back" ) If I am appointed, the City is authorized to post the following information on the city website (please select at least one):

Cellphone: No
Business phone: No
Home phone: No
Email: Yes
Contact and residency information
I certify that the answers given herein are true and complete to the best of my knowledge.
agree
Signature
Link to signature
Application acknowledgement and submittal
Page G-1.19
2 of 2
Advisory body application
Submission date: 7 April 2023, 3:26PM
Receipt number: 67
Related form version: 6
Applicant's full name (first and last) Susan Prohaska
Desired advisory body (check all that apply) Environmental Quality Commission Applicant interest, experience and qualifications
Education PHD, Immunology, Stanford University
MS, Biological Sciences, Stanford University
BA, Microbiology and Immunology, UC Berkeley
Civic affiliations and community activities, including service on other advisory bodies, commissions or committees
I have been volunteering with the Menlo Park City Team to support their efforts including the petition to encourage electrification. The petition and Fact Sheet created serve to garner support for electrification by informing residents of the benefits to the environment of moving away from gas and towards renewable sources of energy, as well as the financial and logistical resources available to make voluntary switch to electric home appliances (with induction and heat pump technologies) when they need replacing, a feasible and economically realistic option for everyone. Similarly, I participated in recent 350 Palo Alto canvassing efforts to publicize the Palo Alto’s “Switch to Electric” program for heat pump water heaters. I continue to work with the Menlo Park City Team to support Earth Day and other upcoming activities.

Describe your understanding of the responsibilities of the advisory body that you are applying for and how your personal community or professional experience relate to these responsibilities
The Environmental Quality Commission provides guidance to the City Council on matters involving environmental protection, improvement, and sustainability. As a scientist in the biomedical field, I have always been interested in nature, health, and our environment. I am personally committed to reducing my impact where I can and believe that everyone doing a little is the best way to start, but collectively we need to do a lot to overcome the challenges to our environment with sustainable practices that significantly reduce the current harmful and unsustainable uses of fossil fuels and single use plastics around the world. My commitment, scientific training, professional experience and skills would allow me to contribute to the researching, identification and communication of potential solutions to the environmental quality issues addressed by the commission.
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DISTRICT 2 Page G-1.20
Describe why you want to serve on this advisory body and what you hope to accomplish as a member
I am very concerned about the impact of climate change, as well as the overuse and overproduction of single use plastics, in the world today.

Collectively, we need to improve awareness and reduce the financial and logistical barriers to implementing mitigation strategies such as electrification of homes and businesses, creating and improving green spaces with native drought tolerant species, and sustainable alternatives to single use plastic and packaging. It can be overwhelming even for those of us who want to make meaningful changes, to sift through the available information to identify tangible, actionable steps. It can also be challenging to combat the "gloom and doom" of the messaging around climate change crisis. I would hope that being a member of this Environmental Quality Commission would allow me to learn more about solutions and their implementation, and to help Menlo Park continue to lead in equitable climate action by being part of the team that advises the City Council on these important environmental matters.

Contact and residency information
Email
Cell phone
Home phone
Business phone
Address 1
Address 2
City Menlo Park
State CA
Zip code 94025
Business address
Number of years as a Menlo Park resident 2
Current City Council district District 2
How did you hear about this opportunity (check all that apply) Other: I have been working with the Menlo Park City Team If I am appointed, the City is authorized to post the following information on the city website (please select at least one):

Cellphone: No
Business phone: No
Home phone: No
Email: Yes
Application acknowledgement and submittal
I certify that the answers given herein are true and complete to the best of my knowledge.

I agree
Page G-1.21
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Signature
Link to signature
Page G-1.22
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Advisory body application
Submission date: 13 April 2023, 12:15PM
Receipt number: 74
Related form version: 6
Applicant's full name (first and last) Noria Zasslow
Desired advisory body (check all that apply) Finance and Audit Committee Applicant interest, experience and qualifications
Education Law School
Civic affiliations and community activities, including service on other advisory bodies, commissions or committees
Former Park and Rec Commissioner
Describe your understanding of the responsibilities of the advisory body that you are applying for and how your personal community or professional experience relate to these responsibilities
Must attend a once a month meeting ans study issues.

Describe why you want to serve on this advisory body and what you hope to accomplish as a member
Hope to improve the quality of life of Menlo Park residents.

Contact and residency information
Email
Cell phone
Home phone
Business phone
Address 1
Address 2
City Menlo Park
State CA
Zip code 94025
Business address
Number of years as a Menlo Park resident
Current City Council district District 5
How did you hear about this opportunity (check all that apply) Email 1 of 2
DISTRICT 5 Page G-1.23
If I am appointed, the City is authorized to post the following information on the city website (please select at least one):

Cellphone: No
Business phone: No
Home phone: No
Email: Yes
Application acknowledgement and submittal
I certify that the answers given herein are true and complete to the best of my knowledge.

I agree
Signature
Link to signature
Page G-1.24
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Advisory body Applicant District
Finance and Audit Committee Lynne Bramlett 3
Finance and Audit Committee Jayanta Dey 1
Finance and Audit Committee Linda Itskovitz 5
Finance and Audit Committee Susan Prohaska 2
Finance and Audit Committee Noria Zasslow 5
Table 1: Finance and Audit Committee by District
ATTACHMENT D Page G-1.25
Member Last appointment date Expiration date District
Michael DeMoss 5/10/2022 4/30/2024 5
Susannah Hill 5/10/2022 4/30/2024 3
Jeff Leroux 4/25/2023 4/30/2025 2
Matt Normington 4/25/2023 4/30/2025 3
Carol Wong 4/25/2023 4/30/2025 4
Table 1: Finance and Audit Committee by District
ATTACHMENT E Page G-1.26
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council
REGULAR MEETING MINUTES – DRAFT
Date: 3/28/2023
Time: 6:00 p.m.

Locations: Teleconference and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
Regular Session
A. Call To Order
Mayor Wolosin called the meeting to order at 6:04 p.m.

B. Roll Call

Present: Combs (exited the meeting at 9:39 p.m.), Doerr, Nash, Taylor (remote – AB 2449 Just Cause), Wolosin

Absent: None
Staff: City Manager Justin I. C. Murphy, City Attorney Nira F. Doherty, Assistant to the City Manager/City Clerk Judi A. Herren
C. Agenda Review
Staff to provide update on item F5.

D. Public Comment
 Amin Ahmadi requested their tree removal permit application be reconsidered.

E. Presentations and Proclamations
E1. Presentation: Environmental Quality Commission Chair Report (Attachment) Environmental Quality Commission Chair Tom Kabat made the presentation (Attachment).  Virginia Portillo requested more information for the conservation planning and City hired consultants.
 Katie Behroozi spoke in support grants to expedite solar permitting The City Council received clarification on grant money to expedite solar permitting, electrification activities and viability of electric appliances during outages, electrification incentives, and efforts to provide electric heat pumps for low income homes.

The City Council discussed the proposed revised roles and responsibilities for the Environmental (EQC) Quality Commission and pursuing case studies for electrification.

The City Council directed staff return with updated roles and responsibilities for the EQC.

AGENDA ITEM H-1 Page H-1.1

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
March 28, 2023

F. Consent Calendar
F1. Accept the City Council meeting minutes for March 14, 2023 (Attachment)

F2. Waive the second reading and adopt an ordinance to amend Title 15 [Subdivisions] and Title 16 [Zoning] of the Menlo Park Municipal Code to comply with Senate Bill 9 for urban lot splits and twounit developments (Staff Report #23-071-CC) The City Council discussed the proposed parking ratio of .5 spaces per dwelling unit as directed by the City Council at the March 14 meeting and one space per dwelling unit as recommended by staff for new units created under Senate Bill 9 (SB 9). The City Council noted existing overnight parking regulations and if the requirement would create more restrictions to development, existing commute behavior by vehicles, the tracking proposed parking spaces, and potential housing opportunities as a result of Senate Bill 9.

ACTION: Motion and second (Wolosin/ Combs) to waive the second reading and adopt an ordinance amending Titles 15 [Subdivisions] and 16 [Zoning] of the Menlo Park Municipal Code in order to make City regulations consistent with applicable California law regarding urban lot splits and two-unit developments on single-family-zoned parcels reverting the parking requirement as presented during first reading at one parking space per unit, passed unanimously.

F3. Adopt a resolution approving the Water Service Priority Policy for Menlo Park Municipal Water (Staff Report #23-072-CC)
F4. Receive and file the investment portfolio as of December 31, 2022 (Staff Report #23-074-CC) F5. Receive and file City Council and advisory body annual attendance report for March 2022 – February 2023 (Staff Report #23-080-CC)
City Clerk Judi Herren updated the appointed dates for City Councilmembers Wolosin and Mueller.

ACTION: Motion and second (Doerr/ Taylor), to approved the consent calendar, with the exception of item F2., passed unanimously.

G. Regular Business
G1. Consider an appeal of the Complete Streets Commission’s approval to remove four on-street parking spaces at 660 Roble Avenue (Staff Report #23-073-CC) Senior Transportation Engineer Kevin Chen made a presentation (Attachment).

 Carole Hyde spoke in support of permanent traffic calming measures on Roble Avenue.  Jon Kho spoke in support of permanent traffic calming measures on Roble Avenue and the removal of parking.
 Katie Behroozi provided information related to compliance for traffic safety violations with the current parking on Robel Avenue.
 Carol Collins spoke in opposition of the removal of parking at 660 Roble Ave.  Tony Crumrine commented on a cypress tree blocking the line of sight and in opposition of the proposed parking removal.

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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
March 28, 2023

The City Council received clarification on the line of sight and parking removal mandates.

The City Council discussed ownership and maintenance of the cypress tree and traffic calming measures on Roble Avenue.

The City Council directed staff redraft the resolution to uphold the appeal, research the removal of the cypress tree, and to return with other mitigations for improved line of sight.

The City Council took a recess at 7:43 p.m.

The City Council reconvened at 7:52 p.m.

G2. Amend the fiscal year 2022-23 budget (Staff Report #23-075-CC) Administrative Services Director Brittany Mello made the presentation (Attachment).

The City Council received clarification on hotel reimbursement line item, current expenditures, and potential reimbursements from PG&E, city water accounts line item, and the budget timeline.

ACTION: Motion and second (Combs/ Taylor), to adopt a resolution to amend the fiscal year 2022-23 budget, passed unanimously.

G3. Adopt a resolution to approve amendments to the salary schedule as of April 9, 2023, related to and supporting Menlo Park Community Campus supervision, programs and operations (Staff Report #23-076-CC)
Library and Community Services Director Sean Reinhart made the presentation (Attachment).

 Pam Jones requested clarification on employee displacement by updating the salary schedule.

The City Council received clarification on employee displacement with new position titles, incorporating new titles and positions into the departmental organizational chart, classification details, succession planning, and paths of advancement.

The City Council discussed the combination of the community services department and library department into the library and community services department.

The City Council directed staff to include departmental organizational charts in future salary schedule amendments.

ACTION: Motion and second (Wolosin/ Combs), to adopt a resolution to approve the following amendments to the City of Menlo Park salary schedule:
 Update position title with no change to salary range – library and community services manager  Update position title with no change to salary range – assistant library and community services director
 Delete – assistant community services director,
passed unanimously.

G4. Appoint City Councilmembers to various standing and ad-hoc subcommittees, and disband inactive ad-hoc subcommittees (Staff Report #23-081-CC)
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City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
March 28, 2023

City Clerk Judi Herren introduced the item.
 Jenny Michele requested clarification on the scope and tracking of inactive subcommittees.

The City Council received clarification on standing versus ad-hoc subcommittees.

The City Council discussed inactive subcommittees, citywide challenges with homelessness and encampments, and West Menlo Triangle access to an application fee waiver.

The City Council requested information on the charge of the Climate Action Plan Subcommittees.

ACTION: Motion and second (Taylor/ Nash), to disband inactive City Council subcommittees, passed unanimously (Attachment).

ACTION: Motion and second (Taylor/ Doerr), to make appointments to City Council standing and ad-hoc subcommittees, passed unanimously (Attachment).

H. Informational Items
H1. City Council agenda topics: April 4 – April 25, 2023 (Staff Report #23-082-CC) H2. Update on the emergency water storage/supply project (Staff Report #23-077-CC) H3. Annual City Council priority and goal setting workshop update (Staff Report #23-078-CC)

The City Council discussed organization effectiveness in concert with all priorities and for the full City Council to review and adopt norms.

H4. Re-Imagining Public Safety Ad Hoc Subcommittee update (Staff Report #23-079-CC)  Adina Levin spoke in support of San Mateo County mental health program and the creation of a mental health advisory body.
 Pam Jones spoke in support of additional advisory body report outs.

H5. Racial and Identity Profiling Act (RIPA) data annual report for calendar year 2022 (Staff Report #23-083-CC)
 Adina Levin spoke in support of the reporting and requested clarification on the number of police stops of Latinos.
 Pam Jones spoke in support of the reporting out and requested a next report to include analysis.

The City Council received clarification on the RIPA data analysis, percentage of Menlo Park residents stopped, and location requirements of traffic stops.

H6. California Public Records Act internal procedures (Staff Report #23-084-CC) I. City Manager's Report
City Manager Justin Murphy reported out on storms, power outages, downed trees, the upcoming Page H-1.4

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Regular Meeting Minutes – DRAFT
March 28, 2023

April 4 City Council meeting at Belle Haven Branch Library, and a request for proposals for the administration of the Below Market Rate program.

J. City Councilmember Reports
City Councilmember Doerr reported out on the Bay Area Water Supply and Conservation Agency meeting.

Vice Mayor Taylor reported out South Bayside Waste Management Authority retreat cancellation and requested a City Council initiated item for commissioner stipends.

City Councilmember Nash reported out on Peninsula Clean Energy meeting and HayWired scenario.

Mayor Wolosin reported out on the quiet zone community meeting, San Mateo County Chamber of Commerce meeting, and commented on the blood shortage and promotion of blood donations.

K. Adjournment
Mayor Wolosin adjourned the meeting at 10:04 p.m.

Judi A. Herren, Assistant to the City Manager/City Clerk Page H-1.5
Library and Community Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date:

Staff Report Number:

Consent Calendar:
5/23/2023
23-118-CC
Adopt a resolution authorizing the city manager to
execute an agreement with Bigbreak, LLC
(Chefables) in an amount not to exceed $100,000 for
the delivery of food services at the Belle Haven
Child Development Center during fiscal year 2023-
24 Recommendation
City staff recommends that the City Council adopt a resolution (Attachment A) authorizing the city manager to enter into an agreement with Bigbreak, LLC (Chefables) (Attachment C) in an amount not to exceed $100,000 for the delivery of food services at the Belle Haven Child Development Center (BHCDC) during fiscal year 2023-24.

Policy Issues
City Council provides authorization to the city manager to negotiate and execute professional services agreements with service providers; and sets prioritization for the use of City resources to serve the community. State and Federal grants the City receives for operating the BHCDC require an annual contract with a food service provider meeting specific standards. The recommended vendor, Chefables conforms to State and Federal requirements for food service delivery.

Background
The City of Menlo Park has operated the BHCDC for over 30 years. An important component of the program is service of breakfast and lunch to each child every day. Meal services must comply with the California Child and Adult Care Food Program (CACFP) meal pattern requirements (including quantity of food and food types for each age group) as well as the nutritional standards for breakfast and lunch as established by the United States Department of Agriculture (USDA).

Analysis
The City receives meal reimbursements from the USDA through the child care food program for a fixed amount for each child’s meals based upon the income level of families served and daily attendance.

BHCDC is licensed for up to 96 children and has an average daily meal count of approximately 90 breakfasts and 90 lunches when operating at maximum capacity. BHCDC is contracted by the State of California to remain open for 244 days a year, which results in the need for up to approximately 43,920 meals per year. Since the COVID-19 pandemic, BHCDC has operated at reduced capacity to comply with state and local public health restrictions. Current enrollment is 66 children. COVID-19 restrictions have changed to allow increased capacity and the BHCDC is predicting reaching full capacity by mid-fall 2023.

The current reimbursement rate varies based on the child’s family income and ranges from a base rate to AGENDA ITEM H-2 Page H-2.1
Staff Report #: 23-118-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov the free rate of $ 0.45 to $2.21 for breakfast, $0.47 to $4.03 for lunch, and $0.19 to $1.18 for snacks. Data from the current fiscal year indicates that of the children qualifying for a meal subsidy, approximately 38% (24 children) qualified for the base reimbursement rate, 22% (14 children) qualified for the reduced-price reimbursement rate and 40% (25 children) qualified for full subsidy or free reimbursement rate. By comparison, data from the previous fiscal year 2021-22 indicated that of the children qualifying for a meal subsidy, approximately 33% (16 children) qualified for the base reimbursement rate, 16% (eight children) qualified for the reduced-price reimbursement rate and 51% (25 children) qualified for full subsidy or free reimbursement rate.

In 2019, bids for the delivery of breakfast and lunch were solicited from food vendors providing meals in accordance to State CACFP regulations including: Kidango, School Foodies and Bigbreak, LLC (Chefables.) Chefables was selected based on their years of experience, the quality and convenience of their food delivery services, competitive pricing, and importantly, their ability to meet strict CACFP regulations. Chefables supports building a foundation of healthy children’s food habits through providing food that is nutritious, creative and varied. The quality of the product provided by Chefables has consistently been high and dependable.

Contracts for food services must be completed annually due to USDA requirements limiting the length of food service agreements to one year and disallowing automatic renewal provisions. Agreements for food services must also be submitted to the California Department of Education in order to ensure compliance with all the provisions and standards set forth by the USDA. The current agreement between the city and Bigbreak, LLC (Chefables) expires June 30. City staff recommend that the City Council authorize an agreement for one additional year to continue the uninterrupted delivery of food services at the Belle Haven Child Development Center for fiscal year 2023-24.

City staff plans to solicit new bids for the breakfast and lunch delivery per State CACFP regulations in early 2024, so as to bid out the contract at least every five years.

Impact on City Resources
There are no direct impacts to the general fund related to the recommended agreement. Meal costs are reimbursed by the State of California. Food service costs are partially covered by the BHCDC’s contract with the California Department of Education, with the remainder covered by federal funds (USDA) through CACFR. The estimated full-year contract cost with Bigbreak, LLC (Chefables) is $100,000 for fiscal year 2023-24. The estimated expenditures and revenues will be included in the City of Menlo Park fiscal year 2023-24 operating budget proposal.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Page H-2.2
Staff Report #: 23-118-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Attachments
A. Resolution
B. CACFP-17 agreement
C. Professional services agreement
Report prepared by:

Kira Storms, Library and Community Services Supervisor
Nick Szegda, Assistant Library and Community Services Director Report reviewed by:

Sean S. Reinhart, Library and Community Services Director Page H-2.3
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

AUTHORIZING AN AGREEMENT WITH CHEFABLES (BIGBREAK, LLC) TO

PROVIDE VENDED MEALS FOR THE BELLE HAVEN CHILD DEVELOPMENT CENTER
WHEREAS, the City of Menlo Park has operated the Belle Haven Child Development Center (BHCDC) for over 30 years; and
WHEREAS, the BHCDC offers nutritionally appropriate meals for breakfast, lunch and snack to the children in its care; and
WHEREAS, the City receives partial reimbursement from the United States Department of Agriculture (USDA) and is regulated by the California Child and Adult Food Program (CACFP) for providing nutritious meals to BHCDC children; and
WHEREAS, agreements for child nutrition services that receive USDA reimbursement must be completed annually due to USDA requirements limiting the length of a contract to one year and disallowing automatic renewal provisions, and these agreements must meet standards set by CACFP; and
WHEREAS, a resolution must be adopted to continue with the current food vendor, Chefables (Bigbreak, LLC), in order to renew the contract with the CACFP and to continue to be a part of the USDA’s reimbursable nutrition program.

NOW THEREFORE BE IT RESOLVED, that the City of Menlo Park, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore do hereby authorize entering into an agreement with Chefables (Bigbreak, LLC) for the total of $100,000 to provide CACFP approved vended meals to children in the Belle Haven Child Development Center.

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-third day of May, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of May, 2023.

Judi A. Herren, City Clerk
Page H-2.4 ATTACHMENT A
Page H-2.5
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY

INSTRUCTIONS FOR USE

CHILD CARE STANDARD FOOD SERVICE VENDING AGREEMENT (DELIVERY) The attached sample Standard Agreement to Furnish Food Service can be used when an agency contracts with a food service vendor for meals that will be claimed for reimbursement under the Child and Adult Care Food Program (CACFP).

Agencies should familiarize themselves with procurement procedures and requirements as found in Title 2 Code of Federal Regulations, sections 200.318–326 (2 CFR 200.318–326) and Title 7 Code of Federal Regulations, Section 226.22 (7 CFR 226.22).

This agreement may be used only if the aggregate value of your contract is below the purchase threshold appropriate to your agency. The current Federal purchase threshold is $250,000, per 2 CFR 200.88. As part of your agency’s procurement standards, ensure that when you are purchasing goods over $10,000 that obtain an adequate number of price quotes and select the lowest cost vendor. Please note that if you intend to purchase anything above the aggregate value of $250,000 or would like a contract longer than one year, you must follow formal procurement process.

The agreement must be signed by both the agency and the vendor. This agreement contains the requirements outlined in the Code of Federal Regulations. No deletions of clauses or items will be allowed without the approval of the Nutrition Services Division. The Schedule B–Meal Pattern appropriate to your agency type is a required part of the agreement. Additional clauses may be added to bring the agreement into conformance with applicable State or local laws governing your agency.

If you are a public agency you may use your customary form of contract if that form incorporates all of the provisions set forth in 7 CFR 226.6(i), 226.21, and 226.22.

This agreement is valid for one year only (Ex: January 5, 2018–January 4, 2019). A new agreement must be executed annually. Submit a photocopy of each agreement to the CACFP for review prior to beginning program operations covered under the agreement. Copies of the completed agreement and all amendments must be retained by both the agency and the vendor. If only one original agreement is signed, we recommend that you retain it in your files.

If you have any questions regarding the use of this agreement or need clarification of the regulatory requirements for contracting, please call the Nutrition Services Division at (916) 445-0850 or toll free at (800) 952-5609.

Page H-2.6 ATTACHMENT B
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
2 VENDOR #:20780004312-CACFP41-GM-CS
AGREEMENT #:

STANDARD AGREEMENT TO FURNISH FOOD SERVICE

BETWEEN A CHILD AND ADULT CARE FOOD PROGRAM AGENCY

AND A FOOD SERVICE VENDOR
THIS ENTERED INTO ON THIS FIRST DAY OF JULY , 2023 BY

MONTH YEAR
AND BETWEEN CITY OF MENLO PARK – BELLE HAVEN CHILD DEVELOPMENT CENTER , HEREINAFTER REFERRED TO AS THE

NAME OF AGENCY

AGENCY, AND BIGBREAK, LLC DBA) CHEFABLES , HEREINAFTER REFERRED TO AS THE

NAME OF VENDOR/FOOD SERVICE MANAGEMENT COMPANY
VENDOR.

WHEREAS, IT IS NOT WITHIN THE CAPABILITY OF THE AGENCY TO PREPARE SPECIFIED MEALS UNDER THE CHILD AND ADULT CARE FOOD PROGRAM (CACFP) FOR ENROLLED PARTICIPANTS; AND

WHEREAS, THE FACILITIES AND CAPABILITIES OF THE VENDOR ARE ADEQUATE TO PREPARE SPECIFIED MEALS FOR THE AGENCY'S FACILITY(IES); AND
WHEREAS, THE VENDOR IS WILLING TO PROVIDE SUCH SERVICES TO THE AGENCY ON A COST REIMBURSEMENT BASIS.

THEREFORE, BOTH PARTIES HERETO AGREE AS FOLLOWS:

THE VENDOR AGREES TO:

1. PREPARE THE MEALS (INCLUSIVE/EXCLUSIVE) OF MILK FOR Belle Haven CDC

NAME OF SITE (ATTACH SHEET IF MULTIPLE)
DELIVERY TO THE AGENCY AT 410 Ivy Drive, Menlo Park, CA BY Noon

ADDRESS TIME
EACH weekday , IN ACCORDANCE WITH THE NUMBER OF MEALS REQUESTED AND * WEEKDAY OR SPECIFIC DAYS AS APPROPRIATE
AT THE COST(S) PER MEAL LISTED BELOW:

BREAKFAST $ 1.67 EACH LUNCH $ 3.83 EACH
SUPPLEMENT/SNACK $1.00 EACH SUPPER $ N/A EACH
1) BREAKFAST PRICING ABOVE ASSUMES GRAINS. IF AGENCY WOULD LIKE MA IN LIEU OF GRAINS (UP TO 3 TIMES/WEEK) THERE WILL BE A SURCHARGE AT COST PER MEAL. (2) ALLERGIES/MEAL MODS COME SEPARATELY PACKAGED AND WILL HAVE A SURCHARGE AT COST FOR THE PACKAGING. (3) SPECIALTY MILK CAN BE SUBSTITUTED FOR 1%/WHOLE MILK AT COST. (4) PRICING ABOVE ASSUMES FAMILY STYLE DINING PACKAGING. IF CUSTOMER REQUIRES INDIVIDUALIZED/UNITIZED PACKAGING A SURCHARGE FOR THE PACKAGING WILL BE AT COST.

2. ASSURE THE AGENCY THAT NO TITLE III(C) FUNDS HAVE BEEN APPLIED TO THE COST OF OR TITLE III(C) COMMODITIES USED FOR THE PREPARATION OF THESE MEALS.

* Negotiable time frame but should be no longer than 24 hours.

Page H-2.7
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
2 STANDARD AGREEMENT TO FURNISH FOOD SERVICE

BETWEEN A CHILD AND ADULT CARE FOOD PROGRAM AGENCY

AND A FOOD SERVICE VENDOR

3. PROVIDE THE AGENCY, FOR APPROVAL, A PROPOSED MENU FOR EACH MONTH AT LEAST * 5 DAYS PRIOR TO THE BEGINNING OF THE MONTH TO WHICH THE MENU APPLIES. ANY CHANGES TO THE MENU MADE AFTER AGENCY APPROVAL, MUST BE AGREED UPON BY THE AGENCY AND DOCUMENTED ON THE MENU RECORDS.

4. ASSURE THAT EACH MEAL PROVIDED TO THE AGENCY UNDER THIS CONTRACT MEETS THE MINIMUM REQUIREMENTS AS TO THE NUTRITIONAL CONTENT AS SPECIFIED BY THE CHILD AND ADULT CARE FOOD PROGRAM’S SCHEDULE B--MEAL PATTERN (ATTACHED) WHICH IS EXCERPTED FROM THE TITLE 7 CODE OF FEDERAL REGULATIONS, SECTION 226.20.

5. MAINTAIN COST RECORDS SUCH AS INVOICES, RECEIPTS, AND/OR OTHER DOCUMENTATION THAT SHOWS THE

PURCHASE, OR AVAILABILITY TO THE VENDOR, OF MEAL COMPONENTS, AS ITEMIZED IN THE MEAL PREPARATION RECORDS.

6. MAINTAIN FULL AND ACCURATE RECORDS WHICH DOCUMENT: (1) THE MENUS LISTING ALL MEALS PROVIDED TO THE AGENCY DURING THE TERM OF THIS CONTRACT; (2) A LISTING OF ALL NUTRITIONAL COMPONENTS OF EACH MEAL; AND, (3) AN ITEMIZATION OF THE QUANTITIES OF EACH COMPONENT USED TO PREPARE SAID MEAL. THE VENDOR AGREES TO

PROVIDE MEAL PREPARATION DOCUMENTATION BY USING YIELD FACTORS FOR EACH FOOD ITEM AS LISTED IN THE USDA FOOD BUYING GUIDE WHEN CALCULATING AND RECORDING THE QUANTITY OF FOOD PREPARED FOR EACH MEAL.

7. MAINTAIN, ON A DAILY BASIS, AN ACCURATE COUNT OF THE NUMBER OF MEALS, BY MEAL TYPE, PREPARED FOR THE AGENCY. MEAL COUNT DOCUMENTATION MUST INCLUDE THE NUMBER OF MEALS REQUESTED BY THE AGENCY.

8. ALLOW THE AGENCY TO INCREASE OR DECREASE THE NUMBER OF MEAL ORDERS, AS NEEDED, WHEN THE REQUEST IS MADE WITHIN * 48 HOURS OF THE SCHEDULED DELIVERY TIME.

9. PRESENT TO THE AGENCY AN INVOICE, ACCOMPANIED BY REPORTS, NO LATER THAN THE * 15 DAY OF EACH MONTH THAT ITEMIZES THE PREVIOUS MONTH'S DELIVERY. THE VENDOR AGREES TO FORFEIT PAYMENT FOR MEALS WHICH ARE NOT READY WITHIN 1 HOUR OF THE AGREED UPON DELIVERY TIME, ARE SPOILED OR UNWHOLESOME AT THE TIME OF DELIVERY, OR DO NOT OTHERWISE MEET THE MEAL REQUIREMENTS CONTAINED IN THIS AGREEMENT.

10. PROVIDE THE AGENCY WITH A COPY OF CURRENT HEALTH CERTIFICATIONS FOR THE FOOD SERVICE FACILITY IN WHICH IT PREPARES MEALS FOR USE IN THE CACFP. THE VENDOR SHALL ENSURE THAT ALL HEALTH AND SANITATION REQUIREMENTS OF THE CALIFORNIA RETAIL FOOD FACILITIES LAW AND CHAPTER 4 OF THE CALIFORNIA HEALTH AND SAFETY CODE ARE MET AT ALL TIMES.

11. OPERATE IN ACCORDANCE WITH CURRENT CACFP REGULATIONS.

12. RETAIN ALL REQUIRED RECORDS FOR A PERIOD OF THREE (3) YEARS AFTER THE END OF THE FISCAL YEAR TO WHICH

THEY PERTAIN (OR LONGER, IF AN AUDIT IS IN PROGRESS) AND, UPON REQUEST, MAKE ALL ACCOUNTS AND RECORDS

PERTAINING TO THE AGREEMENT AVAILABLE TO THE AGENCY, REPRESENTATIVES OF THE CALIFORNIA STATE DEPARTMENT OF EDUCATION, THE U. S. DEPARTMENT OF AGRICULTURE, AND THE U.S. GENERAL ACCOUNTING OFFICE FOR AUDIT OR ADMINISTRATIVE REVIEW AT A REASONABLE TIME AND PLACE.

13. NOT SUBCONTRACT FOR THE TOTAL MEAL, WITH OR WITHOUT MILK, OR FOR THE ASSEMBLY OF THE MEAL.

* Negotiable time frame.

VENDOR #:20780004312-CACFP41-GM-CS
AGREEMENT #:

Page H-2.8
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
3 STANDARD AGREEMENT TO FURNISH FOOD SERVICE

BETWEEN A CHILD AND ADULT CARE FOOD PROGRAM AGENCY

AND A FOOD SERVICE VENDOR
THE VENDOR CERTIFIES:

1. NEITHER IT NOR ITS PRINCIPALS ARE PRESENTLY DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, DECLARED

INELIGIBLE, OR VOLUNTARILY EXCLUDED FROM PARTICIPATION IN THIS TRANSACTION BY ANY FEDERAL DEPARTMENT OR AGENCY.

WHERE THE BIDDER IS UNABLE TO CERTIFY TO ANY OF THE STATEMENTS IN THIS CERTIFICATION, SUCH AGENCY SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL.

2. AS REQUIRED BY THE STATE DRUG-FREE WORKPLACE ACT OF 1990 (GOVERNMENT CODE SECTION 8350 ET. SEQ.) AND THE FEDERAL DRUG-FREE WORKPLACE ACT OF 1988, AND IMPLEMENTED AT TITLE 34 CODE OF FEDERAL REGULATIONS, PART 85, SUBPART F, FOR GRANTEES, AS DEFINED AT TITLE 34 CODE OF FEDERAL REGULATIONS, PART 85, SECTIONS

85.605 AND 85.610, THE BIDDER CERTIFIES THAT IT WILL CONTINUE TO PROVIDE A DRUG-FREE WORKPLACE.

THE AGENCY AGREES TO:

1. THE AGENCY SHALL PROVIDE THE VENDOR WITH A LIST OF APPROVED SERVING LOCATIONS TO BE FURNISHED MEALS BY THE VENDOR AND THE NUMBER OF MEALS, BY TYPE, TO BE DELIVERED TO EACH LOCATION.

2. REQUEST BY TELEPHONE NO LATER THAN Wednesday, 10am AN ACCURATE NUMBER OF

TIME OF DAY AND DAY OF WEEK
MEALS TO BE DELIVERED TO THE AGENCY ON EACH weekday . NOTIFY THE

WEEKDAY OR SPECIFIC DAYS AS APPROPRIATE
VENDOR OF NECESSARY INCREASES OR DECREASES IN THE NUMBER OF MEAL ORDERS WITHIN * 48 HOURS OF THE SCHEDULED DELIVERY TIME. ERRORS IN MEAL ORDER COUNTS MADE BY THE AGENCY SHALL BE THE RESPONSIBILITY OF THE AGENCY.

3. ENSURE THAT AN AGENCY REPRESENTATIVE RECEIVES THE MEALS FOR EACH SITE, AT THE SPECIFIED TIME ON EACH SPECIFIED DAY. THIS INDIVIDUAL WILL INSPECT AND SIGN FOR THE REQUESTED NUMBER OF MEALS. THIS INDIVIDUAL WILL VERIFY THE TEMPERATURE, QUALITY, AND QUANTITY OF EACH MEAL DELIVERED. THE AGENCY ASSURES THE VENDOR

THAT THIS INDIVIDUAL WILL BE TRAINED AND KNOWLEDGEABLE IN THE RECORD KEEPING AND MEAL REQUIREMENTS OF THE CACFP, AND IN HEALTH AND SANITATION PRACTICES.

4. PROVIDE PERSONNEL TO SERVE MEALS, CLEAN THE SERVING AND EATING AREAS, AND ASSEMBLE TRANSPORT CARTS AND AUXILIARY ITEMS FOR RETURN TO THE VENDOR NO LATER THAN Next day .

TIME EACH DAY

5. NOTIFY THE VENDOR WITHIN 2 DAYS OF RECEIPT OF THE NEXT MONTH'S PROPOSED MENU OF ANY CHANGES CHANGES, ADDITIONS, OR DELETIONS, WHICH WILL BE REQUIRED IN THE MENU REQUEST.

6. PROVIDE THE VENDOR WITH A COPY OF TITLE 7 CODE OF FEDERAL REGULATIONS, PART 226; THE CHILD AND ADULT CARE FOOD PROGRAM SCHEDULE B--MEAL PATTERN; AND THE USDA FOOD BUYING GUIDE (AS APPLICABLE); AND ALL OTHER TECHNICAL ASSISTANCE MATERIALS PERTAINING TO THE FOOD SERVICE REQUIREMENTS OF THE CACFP. THE AGENCY WILL, WITHIN 24 HOURS OF RECEIPT FROM THE STATE AGENCY, ADVISE THE VENDOR OF ANY CHANGES IN THE FOOD SERVICE REQUIREMENTS OF THE CACFP.

* Negotiable time frame.

VENDOR #:20780004312-CACFP41-GM-CS
AGREEMENT #:

Page H-2.9
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
4 STANDARD AGREEMENT TO FURNISH FOOD SERVICE

BETWEEN A CHILD AND ADULT CARE FOOD PROGRAM AGENCY

AND A FOOD SERVICE VENDOR

7. PAY THE VENDOR BY THE 20th DAY OF EACH MONTH THE FULL AMOUNT AS PRESENTED ON THE MONTHLY

8. ITEMIZED INVOICE. THE AGENCY AGREES TO NOTIFY THE VENDOR WITHIN 48 HOURS OF RECEIPT OF ANY DISCREPANCY IN THE INVOICE.

THE MEALS SERVED UNDER THE CONTRACT SHALL CONFORM TO THE CYCLE MENUS UPON WHICH THE CONTRACT WAS BASED, AND TO MENU CHANGES AGREED UPON BY THE AGENCY AND VENDOR.

TERMS OF THE AGREEMENT:

THIS AGREEMENT WILL TAKE EFFECT COMMENCING July 1, 2023 AND SHALL BE FOR A PERIOD DATE
OF ONE CALENDAR YEAR. IT MAY BE TERMINATED BY WRITTEN NOTIFICATION GIVEN BY EITHER PARTY HERETO THE OTHER PARTY AT LEAST 30 DAYS PRIOR TO THE DATE OF TERMINATION.

SCHOOL FOOD AUTHORITY VENDING TO AN AGENCY:

PER TITLE 7, CODE OF FEDERAL REGULATIONS, SECTION 226.20 (O), AGENCIES WHICH VEND FROM A SCHOOL THAT PARTICIPATES IN THE NATIONAL SCHOOL LUNCH AND SCHOOL BREAKFAST PROGRAMS MAY USE THE SCHOOL’S MEAL PATTERN.

ENTER THE MEAL PATTERN YOU WILL USE: N/A
If the Agency agrees to the menu planning option, the school will train the Agency by: N/A AGENCY:

Agrees to allow the school to use the SMI menu planning option noted above (submit menu for NSD’s approval):

Yes No
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DATES INDICATED BELOW:

VENDOR OFFICIAL SIGNATURE AGENCY OFFICIAL SIGNATURE

VENDOR OFFICIAL NAME (PLEASE TYPE)

BIGBREAK, LLC DBA) CHEFABLES

AGENCY OFFICIAL NAME (PLEASE TYPE)

CITY OF MENLO PARK
TITLE
Lesley Kohn, Executive Director
TITLE

SEAN REINHART, LIBRARY AND COMMUNITY SERVICES

DIRECTOR

TELEPHONE NUMBER
888-808-2433 X201

TELEPHONE NUMBER
650-330-2249

DATE DATE
VENDOR #: 20780004312-CACFP41-GM-CS
AGREEMENT #:

Page H-2.10
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
5 SCHEDULE B—NSD 2050B

CHILD AND ADULT CARE FOOD PROGRAM

MEAL PATTERN FOR INFANTS

BIRTH THROUGH FIVE MONTHS SIX THROUGH ELEVEN MONTHS

BREAKFAST,
LUNCH,
AND
SUPPER
4 TO 6 FLUID (FL) OUNCE (OZ)
BREAST MILK1
OR FORMULA2
6 TO 8 FL OZ BREAST MILK1
OR FORMULA2 AND
0 TO 4 INFANT CEREAL2, 3

TABLESPOON MEAT, FISH,
(TBSP) POULTRY, WHOLE EGG,

COOKED DRY BEANS OR

COOKED DRY PEAS OR
0 TO 2 OZ CHEESE OR
0 TO 4 OZ YOGURT4 OR
(½ CUP) COMBINATION OF THE ABOVE5 AND
0 TO 2 TBSP FRUIT, VEGETABLE, OR COMBINATION OF BOTH5, 6 SNACK
4 TO 6 FL OZ BREAST MILK1
OR FORMULA2
2 TO 4 FL OZ BREAST MILK1
OR FORMULA2 AND
0 TO ½ SLICE BREAD3, 7 OR
0 TO 2 CRACKERS3, 7 OR
0 TO 4 TBSP INFANT CEREAL2, 3, 7 OR
READY-TO-EAT BREAKFAST CEREAL3, 5, 7, 8 AND
0 TO 2 TBSP FRUIT, VEGETABLE, OR COMBINATION OF BOTH5, 6 1 Breastmilk or formula, or portions of both, must be served; however, it is recommended that breastmilk be served in place of formula from birth through 11 months. For some breastfed infants who regularly consume less than the minimum amount of breastmilk per feeding, a serving of less than the minimum amount of breastmilk may be offered, with additional breastmilk offered at a later time if the infant will consume more. 2 Infant formula and dry infant cereal must be iron-fortified. 3 Beginning October 1, 2019, OZ equivalents (eq) are used to determine the quantity of creditable grains. 4 Yogurt must contain no more than 23 grams (g) of total sugars per 6 oz. 5 A serving of this component is required when the infant is developmentally ready to accept it. 6 Fruit and vegetable juices must not be served.
7 A serving of grains must be whole grain-rich (WGR), enriched meal, or enriched flour. 8 Breakfast cereals must contain no more than 6 g of sugar per dry oz (no more than 21 g sucrose and other sugars per 100 g of dry cereal).

PRINTED NAME OF AGENCY’S AUTHORIZED

REPRESENTATIVE

SIGNATURE DATE

AGENCY NAME
CITY OF MENLO PARK – BELLE HAVEN CDC
CNIPS #:

VENDOR #:

CERTIFICATION
I hereby certify that all meals claimed shall meet the minimum requirements set forth in the meal patterns for infants and older children as prescribed by Title 7, Code of Federal Regulations (7 CFR), Section 226.20.

Page H-2.11
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018
7 CFR SECTION 226.6 (I) – DELIVERY
6 SCHEDULE B—NSD 2050B

CHILD AND ADULT CARE FOOD PROGRAM

MEAL PATTERN FOR OLDER CHILDREN
BREAKFAST (SELECT ALL THREE COMPONENTS)1 AGES 1–2 AGES 3–5 AGES 6–12 AGES 13–182 MILK, FL3 ½ CUP (4 OZ) ¾ CUP (6 OZ) 1 CUP (8 OZ) 1 CUP (8 OZ) VEGETABLE, FRUIT, OR BOTH4 ¼ CUP ½ CUP ½ CUP ½ CUP
GRAINS5, 6, 7

WGR OR ENRICHED BREAD
OR WGR OR ENRICHED BISCUIT, ROLL, MUFFIN, ETC.

OR WGR, ENRICHED, OR FORTIFIED COOKED BREAKFAST
CEREAL8, CEREAL GRAIN, AND/OR PASTA

OR WGR, ENRICHED OR FORTIFIED READY-TO-EAT BREAKFAST CEREAL (DRY COLD)
8, 9

FLAKES OR ROUNDS

PUFFED CEREAL

GRANOLA
½ SLICE
½ SERVING
¼ CUP
½ CUP
¾ CUP
⅛ CUP
½ SLICE
½ SERVING
¼ CUP
½ CUP
¾ CUP
⅛ CUP
1 SLICE
1 SERVING
½ CUP
1 CUP
1¼ CUP
¼ CUP
1 SLICE
1 SERVING
½ CUP
1 CUP
1¼ CUP
¼ CUP

LUNCH OR SUPPER (SELECT ALL FIVE COMPONENTS)
1 MILK, FL3 ½ CUP ¾ CUP 1 CUP 1 CUP
VEGETABLES4 ⅛ CUP ¼ CUP ½ CUP ½ CUP
FRUITS4, 10 ⅛ CUP ¼ CUP ¼ CUP ¼ CUP
GRAINS6, 7

WGR OR ENRICHED BREAD
OR WGR OR ENRICHED BISCUIT, ROLL, MUFFIN, ETC.

WGR, ENRICHED OR FORTIFIED COOKED BREAKFAST CEREAL8, CEREAL

GRAIN, AND/OR PASTA
½ SLICE
½ SERVING
¼ CUP
½ SLICE
½ SERVING
¼ CUP
1 SLICE
1 SERVING
½ CUP
1 SLICE
1 SERVING
½ CUP

MEAT/MEAT ALTERNATES (M/MA)

LEAN MEAT, FISH, OR POULTRY
OR TOFU, SOY PRODUCT, OR ALTERNATE PROTEIN PRODUCTS11

OR CHEESE

OR EGG (LARGE)
OR COOKED DRY BEANS OR DRY PEAS12

OR PEANUT BUTTER, SOY NUT BUTTER,

OR OTHER NUT OR SEED BUTTERS
OR PEANUTS, SOY NUTS, TREE NUTS, OR SEEDS13
OR YOGURT, PLAIN OR FLAVORED, UNSWEETENED OR SWEETENED14 1 OZ
1 OZ
1 OZ
½ EGG
¼ CUP
2 TBSP
½ OZ
½ CUP OR 4 OZ
1½ OZ
1½ OZ
1½ OZ
¾ EGG
⅜ CUP
3 TBSP
¾ OZ
¾ CUP OR 6 OZ
2 OZ
2 OZ
2 OZ
1 EGG
½ CUP
4 TBSP
1 OZ
1 CUP OR 8 OZ
2 OZ
2 OZ
2 OZ
1 EGG
½ CUP
4 TBSP
1 OZ
1 CUP OR 8 OZ
Page H-2.12
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
7 SCHEDULE B—NSD 2050B

CHILD AND ADULT CARE FOOD PROGRAM

MEAL PATTERN FOR OLDER CHILDREN
SNACKS (SELECT TWO OF THESE FIVE COMPONENTS)15 AGES 1–2 AGES 3–5 AGES 6–12 AGES 13–182 MILK, FL3 ½ CUP (4 OZ) ½ CUP (4 OZ) 1 CUP (8 OZ) 1 CUP (8 OZ) VEGETABLES4 ½ CUP ½ CUP ¾ CUP ¾ CUP
FRUITS4 ½ CUP ½ CUP ¾ CUP ¾ CUP
GRAINS6, 7

WGR OR ENRICHED BREAD
OR WGR OR ENRICHED BISCUIT, ROLL, MUFFIN, ETC.

OR WGR, ENRICHED, OR FORTIFIED COOKED BREAKFAST
CEREAL8, CEREAL GRAIN, AND/OR PASTA

OR WGR, ENRICHED, OR FORTIFIED READY-TO-EAT BREAKFAST CEREAL (DRY COLD)
8, 9

FLAKES OR ROUNDS

PUFFED CEREAL

GRANOLA
½ SLICE
½ SERVING
¼ CUP
½ CUP
¾ CUP
⅛ CUP
½ SLICE
½ SERVING
¼ CUP
½ CUP
¾ CUP
⅛ CUP
1 SLICE
1 SERVING
½ CUP
1 CUP
1¼ CUP
¼ CUP
1 SLICE
1 SERVING
½ CUP
1 CUP
1¼ CUP
¼ CUP
M/MA

LEAN MEAT, FISH, OR POULTRY
OR TOFU, SOY PRODUCT, OR ALTERNATE PROTEIN PRODUCTS11

OR CHEESE

OR EGG (LARGE)
OR YOGURT, PLAIN OR FLAVORED, UNSWEETENED OR SWEETENED14, 16 OR COOKED DRY BEANS OR DRY PEAS12

OR PEANUT BUTTER, SOY NUT BUTTER, OR OTHER NUT OR SEED

BUTTERS

OR PEANUTS, SOY NUTS, TREE NUTS, OR SEEDS
½ OZ
½ OZ
½ OZ
½ EGG
¼ CUP
⅛ CUP
1 TBSP
½ OZ
½ OZ
½ OZ
½ OZ
½ EGG
¼ CUP
⅛ CUP
1 TBSP
½ OZ
1 OZ
1 OZ
1 OZ
½ EGG
½ CUP
¼ CUP
2 TBSP
1 OZ
1 OZ
1 OZ
1 OZ
½ EGG
½ CUP
¼ CUP
2 TBSP
1 OZ
1 Offer versus serve is an option for at-risk afterschool participants only. 2 Age group applies to at-risk programs and emergency shelters. Larger portion sizes than specified may need to be served to children ages 13–18 to meet their nutritional needs. 3 Must serve unflavored whole milk to children age one. Must serve unflavored low-fat (1 percent) or unflavored fat-free (skim) milk for children ages 2–5. Must serve unflavored low-fat (1 percent), unflavored fat-free (skim), or flavored fat-free (skim) milk to children six years and older. 4 Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. 5 M/MA may be used to meet the entire grains requirement a maximum of three times a week for breakfast. One oz of M/MA is equal to 1 oz eq of grains. 6 At least one serving per day, across all eating occasions, must be WGR. Grain-based desserts do not count towards meeting the grains requirement. 7 Beginning October 1, 2019, oz eq are used to determine the quantity of creditable grains. 8 Breakfast cereals must contain no more than 6 g of sugar per dry oz (no more than 21.2 g sucrose and other sugars per 100 g of dry cereal).
9 Beginning October 1, 2019, the minimum serving size specified in this section for ready-to-eat breakfast cereals must be served.

Until October 1, 2019, the minimum serving size for any type of ready-to-eat breakfast cereals is ¼ cup for children ages 1–2; ⅓ cup for children ages 3–5; and ¾ cup for children ages 6–18. 10 A vegetable may be used to meet the entire fruit requirement. When two vegetables are served at lunch or supper, two different types of vegetables must be served. 11 Alternate protein products must meet the requirements in Appendix A per 7 CFR, Section 226.20. 12 Cooked dry beans or dry peas may be used as a meat alternate or as a vegetable component; but cannot be counted as both components in the same meal. 13 No more than 50 percent of the requirement shall be met with nuts (peanuts, soy nuts, tree nuts) or seeds. Nuts or seeds shall be combined with another M/MA to fulfill the requirement. To determine combinations, 1 oz of nuts or seeds is equal to 1 oz of cooked lean meat, poultry, or fish. 14 Yogurt must contain no more than 23 g of total sugars per 6 oz. 15 Juice cannot be served when milk is served as the only other component. 16 Commercially added fruit or nuts in flavored yogurt cannot be used to satisfy the second component requirement in snacks.

Page H-2.13
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
8 Breakfast
Milk1, Fluid (fl) Milk1, fl 1 cup2
Vegetable/Fruit3 Vegetables/Fruits3, or portions of both ½ cup Grains {ounce (oz)
equivalent (eq)}4, 5, 6
• Whole grain-rich (WGR) or enriched bread
• WGR or enriched bread product, such as rolls, muffins, or biscuits • WGR, enriched or fortified cooked breakfast cereal7, cereal grain, and/or pasta
• WGR, enriched or fortified ready-to-eat breakfast cereal (dry, cold)7, 8 o Flakes or rounds
o Puffed cereal
o Granola
2 slices
2 servings
1 cup
2 cup
2½ cup
½ cup
Lunch or Supper
Milk1, fl Milk1, fl (lunch only—milk is not required for supper) 1 cup2 Vegetable3 Vegetables3 ½ cup
Fruit3, 9 Fruits3, 9 ½ cup
Grains (oz eq)4, 6
• WGR or enriched bread
• WGR or enriched bread product, such as rolls, muffins, or biscuits • WGR, enriched, or fortified cooked breakfast cereal7, cereal grain, and/or pasta
2 slices
2 servings
1 cup
Meat/Meat Alternates (M/MA)10
Lean Meat, Fish, Poultry (edible
portion) or one of the following:
• Lean meat, fish, poultry
• Tofu, soy product, or alternate protein product11
• Cheese
• Yogurt, plain or flavored, sweetened or unsweetened12 • Egg (large)
• Cooked dry beans or peas
• Peanut butter, soy nut butter, other nut or seed butters • Peanuts, soy nuts, tree nuts, seeds, or whole roasted peas 2 oz
2 oz
2 oz
1 cup or 8 oz
1 egg
½ cup
4 tablespoon
(tbsp)
1 oz = 50%
AM or PM Snack (select two different food components)
Milk1, fl Milk1, fl 1 cup
Vegetable3 Vegetables3 ½ cup
Fruit3 Fruits3 ½ cup
Grains (oz eq)4, 6
• WGR or enriched bread
• WGR or enriched bread product, such as rolls, muffins, or biscuits • WGR, enriched, or fortified cooked breakfast cereal7, cereal grain, and/or pasta
• WGR, enriched, or fortified ready-to-eat breakfast cereal (dry, cold)7, 8 o Flakes or rounds
o Puffed cereal
o Granola
1 slice
1 serving

½ cup
1 cup
1¼ cup
¼ cup
M/MA10
Lean Meat, Fish, Poultry or one
of the following:
• Lean meat, fish, poultry
• Tofu, soy product, or alternate protein product11
• Cheese
• Yogurt, plain or flavored, sweetened or unsweetened12 • Egg (large)
• Cooked dry beans or peas
• Peanut butter, soy nut butter, other nut, or seed butters • Peanuts, soy nuts, tree nuts, seeds, or whole roasted peas 1 oz
1 oz
1 oz
½ cup or 4 oz
½ egg
¼ cup
2 tbsp
1 oz
Page H-2.14
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
9 Offer versus Serve
Adult day care centers may use the offer versus serve (OVS) option for breakfast, lunch, and supper. The OVS option allows participants to refuse some of the food items required while still allowing those meals to be claimed for reimbursement. Under OVS, each adult care center shall offer its participants all of the required food components as set forth in the requirements for meals (7 CFR, Section 226.20). However, at the discretion of the adult day care center, participants may be permitted to decline the following:
• Breakfast: Participants may decline one serving of the four food items (one serving of milk, one serving of vegetable or fruit, or two servings of bread or bread alternate)
• Lunch: Participants may decline two servings of the six food items (one serving of milk, two servings of vegetable or fruit, two servings of bread or bread alternate, or one serving of M/MA)
• Supper: Participants may decline two servings of the five food items (two servings of vegetables and/or fruit, two servings of bread or bread alternate, or one serving of M/MA)
The price of a reimbursable meal shall not be affected if an adult participant declines a food item.

CERTIFICATION
Are meals provided using the OVS option? Yes No
If yes, which meals ( ) Breakfast ( ) Lunch ( ) Supper
If yes, what date will you begin the OVS option? _____________________ I hereby certify that all meals claimed shall meet the minimum requirements set forth in the meal pattern for adults as prescribed by 7 CFR, Section 226.20.

PRINTED NAME OF AGENCY’S AUTHORIZED

REPRESENTATIVE

SIGNATURE DATE

AGENCY NAME
CITY OF MENLO PARK – BELLE HAVEN CDC
Page H-2.15
California Department of Education Child and Adult Care Food Program Nutrition Services Division CACFP 17 (REV. 8/2018)
7 CFR SECTION 226.6 (I) – DELIVERY
10 NONDISCRIMINATION STATEMENT
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g.

Braille, large print, audiotape, American Sign Language, etc.), should contact the agency (state or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at 800-877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (AD-3027), found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call 866-632-9992. Submit your completed form or letter to USDA by:
(1) Mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
(2) Fax: 202-690-7442
(3) E-mail: [email protected]
This institution is an equal opportunity provider.

Page H-2.16
1 CC Rev 20210301

PROFESSIONAL SERVICES AGREEMENT
City Manager’s Office
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620
Agreement #:

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND BIGBREAK, LLC DBA) CHEFABLES THIS AGREEMENT made and entered into at Menlo Park, California, this _____________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as "CITY," and BIGBREAK, LLC DBA) CHEFABLES, hereinafter referred to as “FIRST PARTY.” WITNESSETH:

WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called: Meal preparation and delivery service WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND CONDITIONS of each of the parties hereto, it is hereby agreed as follows:

1. SCOPE OF WORK
In consideration of the payment by CITY to FIRST PARTY, as hereinafter provided, FIRST PARTY agrees to perform all the services as set forth in Exhibit "A," Scope of Services.

2. SCHEDULE FOR WORK
FIRST PARTY's proposed schedule for the various services required pursuant to this agreement will be as set forth in Exhibit "A," Scope of Services. CITY will be kept informed as to the progress of work by written reports, to be submitted monthly or as otherwise required in Exhibit "A.” Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other, or the other's employees and agents.

FIRST PARTY shall commence work immediately upon receipt of a "Notice to Proceed" from CITY.

The "Notice to Proceed" date shall be considered the "effective date" of the agreement, as used herein, except as otherwise specifically defined. FIRST PARTY shall complete all the work and deliver to CITY all project related files, records, and materials within one month after completion of all of FIRST PARTY's activities required under this agreement.

3. PROSECUTION OF WORK
FIRST PARTY will employ a sufficient staff to prosecute the work diligently and continuously and will complete the work in accordance with the schedule of work approved by the CITY. (See Exhibit "A," Scope of Services).

Page H-2.17 ATTACHMENT C
2 CC Rev 20210301

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $100,000 as described in Exhibit "A," Scope of Services. All payments shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

B. FIRST PARTY's fee for the services as set forth herein shall be considered as full compensation for all indirect and direct personnel, materials, supplies and equipment, and services incurred by FIRST PARTY and used in carrying out or completing the work.

C. Payments shall be monthly for the invoice amount or such other amount as approved by CITY. As each payment is due, the FIRST PARTY shall submit a statement describing the services performed to CITY.

This statement shall include, at a minimum, the project title, agreement number, the title(s) of personnel performing work, hours spent, payment rate, and a listing of all reimbursable costs. CITY shall have the discretion to approve the invoice and the work completed statement. Payment shall be for the invoice amount or such other amount as approved by CITY.

D. Payments are due upon receipt of written invoices. CITY shall have the right to receive, upon request, documentation substantiating charges billed to CITY. CITY shall have the right to perform an audit of the FIRST PARTY's relevant records pertaining to the charges.

5. EQUAL EMPLOYMENT OPPORTUNITY
A. FIRST PARTY, with regard to the work performed by it under this agreement shall not discriminate on the grounds of race, religion, color, national origin, sex, handicap, marital status or age in the retention of sub-consultants, including procurement of materials and leases of equipment.

B. FIRST PARTY shall take affirmative action to insure that employees and applicants for employment are treated without regard to their race, color, religion, sex, national origin, marital status or handicap.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training including apprenticeship.

C. FIRST PARTY shall post in prominent places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

D. FIRST PARTY shall state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, marital status or handicap.

E. FIRST PARTY shall comply with Title VI of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section.

F. FIRST PARTY shall incorporate the foregoing requirements of this section in FIRST PARTY’s agreement with all sub-consultants.

6. ASSIGNMENT OF AGREEMENT AND TRANSFER OF INTEREST
A. FIRST PARTY shall not assign this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto, provided, however, that claims for money due or to become due to the FIRST PARTY from the CITY under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of an intended assignment or transfer shall be furnished promptly to the CITY.

B. In the event there is a change of more than 30 percent of the stock ownership or ownership in FIRST PARTY from the date of this agreement is executed, then CITY shall be notified before the date of said change of stock ownership or interest and CITY shall have the right, in event of such change in stock ownership or interest, to terminate this agreement upon notice to FIRST PARTY. In the event CITY is not notified of any such change in stock ownership or interest, then upon knowledge of same, it shall be deemed that CITY has terminated this agreement.

Page H-2.18
3 CC Rev 20210301

7. INDEPENDENT WORK CONTROL
It is expressly agreed that in the performance of the service necessary for compliance with this agreement, FIRST PARTY shall be and is an independent contractor and is not an agent or employee of CITY. FIRST PARTY has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, compensation and discharge of all persons assisting FIRST PARTY in the performance of FIRST PARTY's services hereunder. FIRST PARTY shall be solely responsible for its own acts and those of its subordinates and employees.

8. CONSULTANT QUALIFICATIONS
It is expressly understood that FIRST PARTY is licensed and skilled in the professional calling necessary to perform the work agreed to be done by it under this agreement and CITY relies upon the skill of FIRST PARTY to do and perform said work in a skillful manner usual to the profession. The acceptance of FIRST PARTY's work by CITY does not operate as a release of FIRST PARTY from said understanding.

9. NOTICES
All notices hereby required under this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid or by overnight courier service. Notices required to be given to CITY shall be addressed as follows:

Sean Reinhart
Library and Community Services
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-2510
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

Lesley Kohn
Bigbreak, LLC DBA) Chefables
P.O. Box 228
South San Francisco, 94083
1-888-808-2433x201
[email protected]
Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

10. HOLD HARMLESS
The FIRST PARTY shall defend, indemnify and hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants from all claims, suits or actions that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the FIRST PARTY brought for, or on account of, injuries to or death of any person or damage to property resulting from the performance of any work required by this agreement by FIRST PARTY, its officers, agents, employees and servants.

Nothing herein shall be construed to require the FIRST PARTY to defend, indemnify or hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants against any responsibility to liability in contravention of Section 2782.8 of the California Civil Code.

Page H-2.19
4 CC Rev 20210301

11. INSURANCE
A. FIRST PARTY shall not commence work under this agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City, with certificates of insurance evidencing the required coverage.

B. There shall be a contractual liability endorsement extending the FIRST PARTY's coverage to include the contractual liability assumed by the FIRST PARTY pursuant to this agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the CITY, at the address shown in Section 9, of any pending cancellation of the policy. FIRST PARTY shall notify CITY of any pending change to the policy. All certificates shall be filed with the City.

1. Workers' compensation and employer's liability insurance:

The FIRST PARTY shall have in effect during the entire life of this agreement workers' compensation and Employer's Liability Insurance providing full statutory coverage. In signing this agreement, the FIRST PARTY makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this agreement" (not required if the FIRST PARTY is a Sole Proprietor).

2. Liability insurance:

The FIRST PARTY shall take out and maintain during the life of this agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the FIRST PARTY's operations under this agreement, whether such operations be by FIRST PARTY or by any sub-consultant or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate, or one million dollars ($1,000,000) combined single limit bodily injury and property damage for each occurrence. FIRST PARTY shall provide the CITY with acceptable evidence of coverage, including a copy of all declarations of coverage exclusions. FIRST PARTY shall maintain Automobile Liability Insurance pursuant to this agreement in an amount of not less than one million dollars ($1,000,000) for each accident combined single limit or not less than one million dollars ($1,000,000) for any one (1) person, and one million dollars ($1,000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ($300,000) property damage.

3. Professional liability insurance:

FIRST PARTY shall maintain a policy of professional liability insurance, protecting it against claims arising out of the negligent acts, errors, or omissions of FIRST PARTY pursuant to this agreement, in the amount of not less than one million dollars ($1,000,000) per claim and in the aggregate. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

C. CITY and its subsidiary agencies, and their officers, agents, employees and servants shall be named as additional insured on any such policies of Commercial General Liability and Automobile Liability Insurance, (but not for the Professional Liability and workers' compensation), which shall also contain a provision that the insurance afforded thereby to the CITY, its subsidiary agencies, and their officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy, and that if the CITY, its subsidiary agencies and their officers and employees have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, CITY, at its option, may, notwithstanding any other provision of this agreement to the contrary, immediately declare a material breach of this agreement and suspend all further work pursuant to this agreement.

E. Before the execution of this agreement, any deductibles or self-insured retentions must be declared to and approved by CITY.

Page H-2.20
5 CC Rev 20210301

12. PAYMENT OF PERMITS/LICENSES
Contractor shall obtain any license, permit, or approval if necessary from any agency whatsoever for the work/services to be performed, at his/her own expense, before commencement of said work/services or forfeit any right to compensation under this agreement.

13. RESPONSIBILITY AND LIABILITY FOR SUB-CONSULTANTS AND/OR SUBCONTRACTORS Approval of or by CITY shall not constitute nor be deemed a release of responsibility and liability of FIRST PARTY or its sub-consultants and/or subcontractors for the accuracy and competency of the designs, working drawings, specifications or other documents and work, nor shall its approval be deemed to be an assumption of such responsibility by CITY for any defect in the designs, working drawings, specifications or other documents prepared by FIRST PARTY or its sub-consultants and/or subcontractors.

14. OWNERSHIP OF WORK PRODUCT
Intentionally left blank.

15. REPRESENTATION OF WORK
Any and all representations of FIRST PARTY, in connection with the work performed or the information supplied, shall not apply to any other project or site, except the project described in Exhibit "A" or as otherwise specified in Exhibit "A."

16. TERMINATION OF AGREEMENT
A. CITY may give thirty (30) days written notice to FIRST PARTY, terminating this agreement in whole or in part at any time, either for CITY's convenience or because of the failure of FIRST PARTY to fulfill its contractual obligations or because of FIRST PARTY's change of its assigned personnel on the project without prior CITY approval. Upon receipt of such notice, FIRST PARTY shall:

1. Immediately discontinue all services affected (unless the notice directs otherwise); and

2. Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated or produced by FIRST PARTY in performing work under this agreement, whether completed or in process.

B. If termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of FIRST PARTY to fulfill its agreement, CITY may take over the work and prosecute the same to completion by agreement or otherwise. In such case, FIRST PARTY shall be liable to CITY for any reasonable additional cost occasioned to the CITY thereby.

D. If, after notice of termination for failure to fulfill agreement obligations, it is determined that FIRST PARTY had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this Section.

E. The rights and remedies of the CITY provided in this Section are in addition to any other rights and remedies provided by law or under this agreement.

F. Subject to the foregoing provisions, the CITY shall pay FIRST PARTY for services performed and expenses incurred through the termination date.

Page H-2.21
6 CC Rev 20210301

17. INSPECTION OF WORK
It is FIRST PARTY's obligation to make the work product available for CITY's inspections and periodic reviews upon request by CITY.

18. COMPLIANCE WITH LAWS
It shall be the responsibility of FIRST PARTY to comply with all State and Federal Laws applicable to the work and services provided pursuant to this agreement, including but not limited to compliance with prevailing wage laws, if applicable.

19. BREACH OF AGREEMENT
A. This agreement is governed by applicable federal and state statutes and regulations. Any material deviation by FIRST PARTY for any reason from the requirements thereof, or from any other provision of this agreement, shall constitute a breach of this agreement and may be cause for termination at the election of the CITY.

B. The CITY reserves the right to waive any and all breaches of this agreement, and any such waiver shall not be deemed a waiver of any previous or subsequent breaches. In the event the CITY chooses to waive a particular breach of this agreement, it may condition same on payment by FIRST PARTY of actual damages occasioned by such breach of agreement.

20. SEVERABILITY
The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

21. CAPTIONS
The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this agreement.

22. LITIGATION OR ARBITRATION
In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

23. RETENTION OF RECORDS
Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed, and shall be subject to the examination and /or audit of the City, a federal agency, and the state of California.

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of July 1, 2021 through June 30, 2022 unless extended, amended, or terminated in writing by CITY.

Page H-2.22
7 CC Rev 20210301

25. ENTIRE AGREEMENT
This document constitutes the sole agreement of the parties hereto relating to said project and states the rights, duties, and obligations of each party as of the document's date. Any prior agreement, promises, negotiations, or representations between parties not expressly stated in this document are not binding.

All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties to this agreement.

26. STATEMENT OF ECONOMIC INTEREST
Consultants, as defined by Section 18701 of the Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations, are required to file a Statement of Economic Interests with 30 days of approval of a contract services agreement with the City of its subdivisions, on an annual basis thereafter during the term of the contract, and within 30 days of completion of the contract.

Based upon review of the Consultant’s Scope of Work and determination by the City Manager, it is determined that Consultant IS NOT required to file a Statement of Economic Interest. A statement of Economic Interest shall be filed with the City Clerk’s office no later than 30 days after the execution of the agreement.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

FOR FIRST PARTY:

Signature Date
Printed name Title
Tax ID#
APPROVED AS TO FORM:

Nira F. Doherty, City Attorney Date
FOR CITY OF MENLO PARK:

Justin I.C. Murphy, City Manager Date
ATTEST:

Judi A. Herren, City Clerk Date
Page H-2.23
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Library and Community Services Department. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

Provide general consultant services for projects as determined by the CITY. The detailed scope of work for each task the CITY assigns the consultant shall be referred to as Exhibit A -1, which will become part of this agreement. A notice to proceed will be issued separately for each separate scope of work agreed to between the CITY and FIRST PARTY.

FIRST PARTY agrees to perform these services as directed by the CITY in accordance with the standards of its profession and CITY’s satisfaction.

A2.COMPENSATION
CITY hereby agrees to pay FIRST PARTY at the rates to be negotiated between FIRST PARTY and CITY as detailed in Exhibit A-1. The actual charges shall be based upon (a) FIRST PARTY’s standard hourly rate for various classifications of personnel; (b) all fees, salaries and expenses to be paid to engineers, consultants, independent contractors, or agents employed by FIRST PARTY; and shall (c) include reimbursement for mileage, courier and plan reproduction. The total fee for each separate Scope of Work agreed to between the CITY and FIRST PARTY shall not exceed the amount shown in Exhibit A-1.

FIRST PARTY shall be paid within thirty (30) days after approval of billing for work completed and approved by the CITY. Invoices shall be submitted containing all information contained in Section A5 below. In no event shall FIRST PARTY be entitled to compensation for extra work unless an approved change order, or other written authorization describing the extra work and payment terms, has been executed by CITY before the commencement of the work.

A3.SCHEDULE OF WORK
FIRST PARTY’S proposed schedule for the various services required will be set forth in Exhibit A-1.

A4.CHANGES IN WORK -- EXTRA WORK
In addition to services described in Section A1, the parties may from time to time agree in writing that FIRST PARTY, for additional compensation, shall perform additional services including but not limited to:
• Change in the services because of changes in scope of the work. • Additional tasks not specified herein as required by the CITY.

The CITY and FIRST PARTY shall agree in writing to any changes in compensation and/or changes in FIRST PARTY’s services before the commencement of any work. If FIRST PARTY deems work he/she has been directed to perform is beyond the scope of this agreement and constitutes extra work, FIRST PARTY shall immediately inform the CITY in writing of the fact. The CITY shall make a determination as to whether such work is in fact beyond the scope of this agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide compensation to the FIRST PARTY in accordance with an agreed cost that is fair and equitable. This cost will be mutually agreed upon by the CITY and FIRST PARTY. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the FIRST PARTY. Such supplemental agreement shall be executed by the FIRST PARTY and may be approved by the City Manager upon recommendation of the Senior Program Assistant.

Page H-2.24
9 CC Rev 20210301
A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

The expenses of any office, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by FIRST PARTY in the performances of this agreement shall be incurred at the FIRST PARTY’s discretion. Such expenses shall be FIRST PARTY’s sole financial responsibility.

Page H-2.25
10 CC Rev 20210301
EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

B2.0 Mediation
B2.1 The parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. After a written demand for non-binding mediation, which shall specify in detail the facts of the dispute, and within ten (10) days from the date of delivery of the demand, the matter shall be submitted to a mutually agreeable mediator. The Mediator shall hear the matter and provide an informal opinion and advice, none of which shall be binding upon the parties, but is expected by the parties to help resolve the dispute. Said informal opinion and advice shall be submitted to the parties within twenty (20) days following written demand for mediation. The Mediator’s fee shall be shared equally by the parties. If the dispute has not been resolved, the matter shall be submitted to arbitration in accordance with Paragraph B3.1.

B3.0 Arbitration
B3.1 Any dispute between the parties that is to be resolved by arbitration as provided in Paragraph B2.1 shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held before three arbitrators who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of the arbitrators within fifteen (15) days, then such arbitrator(s) shall be appointed by the presiding Judge of the court of jurisdiction of the agreement.

B3.2 The provisions of the Construction Industry Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration, subject, however to the following:

B3.3 Any demand for arbitration shall be writing and must be made within a reasonable time after the claim, dispute or other matter in question as arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute or other matter would be barred by the applicable statute of limitations.

B3.4 The arbitrator or arbitrators appointed must be former or retired judges, or attorneys at law with last ten (10) years’ experience in construction litigation.

B3.5 All proceedings involving the parties shall be reported by a certified shorthand court reporter, and written transcripts of the proceedings shall be prepared and made available to the parties.

B3.6 The arbitrator or arbitrators must be made within and provide to the parties factual findings and the reasons on which the decisions of the arbitrator or arbitrators is based.

B3.7 Final decision by the arbitrator or arbitrators must be made within ninety (90) days from the date of the arbitration proceedings are initiated.

B3.8 The prevailing party shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.9 Costs and fees of the arbitrator or arbitrators shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.10 The award or decision of the arbitrator or arbitrators, which may include equitable relief, shall be final, and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter.

Page H-2.26
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-119-CC
Consent Calendar: Adopt a resolution approving the preliminary engineer’s report for the Menlo Park Landscaping
Assessment District and adopt a resolution
intending to order the levy and collection of
assessments for the Landscaping Assessment
District for fiscal year 2023-24
Recommendation
Staff recommends that the City Council:

1. Adopt a resolution (Attachment A) approving of the preliminary engineer’s report for the Landscaping Assessment District for fiscal year 2023-24, which proposes an increase to the tree maintenance assessment by approximately 3%, resulting in $91.38 per single family equivalent (SFE) per year and to the sidewalk assessment by approximately 3%, resulting in $48.82 per SFE per year; and

2. Adopt a resolution (Attachment B) intending to order the levy and collection of assessments for the Landscaping Assessment District for fiscal year 2023-24 pursuant to the Landscaping and Lighting Act of 1972 and set the date for the public hearing for June 27.

Policy Issues
If the City Council does not order the levy and collection of assessments, the impact on City general fund resources would be approximately $1,148,100. This represents the total amount of the proposed tree and sidewalk assessments. Without the levy, the programs to repair sidewalks, maintain street trees, and sweep streets would be suspended.

Background
The Landscaping Assessment District provides funding throughout the City for the maintenance of street trees, the removal of debris by street sweeping, and the repair and replacement of sidewalks due to damages by city street trees.

Tree maintenance
Between 1960 and 1982, the City had a three-person tree crew to care for City parks, medians, and street trees and they trimmed street trees as requested by residents. There was no specific long-term plan in place to address tree maintenance. As the number of street trees increased, the City did not have enough resources to provide proper routine maintenance care.

The voters approved Measure N in 1982 as an advisory measure to the City Council regarding formation of the City Landscaping Assessment District. The Landscaping Assessment District formalized in 1983 to provide proper street tree maintenance. Programmatic changes occurred over the past 39 years to address new regulations and maintain the existing tree canopy. Proper care of the tree canopy remained a top priority as identified by residents, the Environmental Quality Commission, and the City Council. In 1998, the AGENDA ITEM H-3 Page H-3.1
Staff Report #: 23-119-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City expressed concern regarding the declining health of the trees, of which 80% were classified as mature trees. Due to the lack of City resources to maintain older trees, there was a growing concern that most of the street trees would fail around the same time. As a result, the City moved forward in adopting proactive measures to minimize the risk of failure by replacing mature unhealthy trees with younger healthier trees.

In 1998, the City went through a Proposition 218 ballot measure to increase the landscape assessment fees. Proposition 218 required property owners to be given written notice and the opportunity to protest before the City increased any property-related fees. Voters approved the ballot measure to increase the landscape assessment fee. This increased the frequency of the tree trimming/evaluation schedule from once every seven years to once every five years. In addition, the City implemented a reforestation program with a portion of the Landscaping Assessment District funds in fiscal year 2008-09.

Debris removal
Street sweeping removes debris for aesthetic purposes, bicycle and pedestrian safety, and health reasons, as well as compliance with stormwater regulations to improve water quality. The City uses a contractor for street sweeping work since 1992.

Sidewalk, curb, gutter, and parking strip repair and removal As trees mature, their extensive network of roots inevitably breaks through and uplifts sidewalks, curbs, gutters and parking strips. Without a proactive sidewalk repair and replacement program, the sidewalks become tripping hazards, progressively worse, and more costly to repair over time.

Before 1990, property owners and the City split the cost of repairing damaged sidewalks by city street trees.

Each year, the City executed individual agreements with approximately 200 property owners to conduct these repairs. The annual cost was a financial burden to some residents on fixed incomes and burdensome for the City to administer; therefore, the City established an assessment for sidewalk repair in 1990 to make the program more cost-effective and efficient to operate. Other damages to sidewalks not caused by city street trees remain the responsibility of the adjacent property owner to repair, according to the Menlo Park Municipal Code Chapter 13.08.

Analysis
Each fiscal year, the City Council directs the preparation of an engineer’s report, budget and proposed assessments before the assessments can be levied. The engineer’s report establishes the foundation and justification for the continued collection of the landscape assessments. On March 14, the City Council adopted Resolution No. 6818 directing the preparation of an engineer’s report for the Landscaping Assessment District for fiscal year 2023-24. In developing the engineer’s report, staff and the consultant reviewed the existing budget and operating needs to maintain street trees and sidewalk repair requirements at the current level of service.

The preliminary engineer’s report (Attachment C) for the Landscaping Assessment District includes the proposed fiscal year 2023-24 budget. The budget covers tree maintenance, the street sweeping program, and the sidewalk repair and replacement program. The report describes in detail the method used for apportioning the total assessment among properties within the Landscaping Assessment District. This method involves identifying the benefit received by each property in relation to a single-family residence.

Below is a summary of the proposed budget and findings from the engineer’s report.

Tree maintenance assessment
Staff has contracted with West Coast Arborists since 2004 to perform tree routine grid trimming, planting and removal, and emergency services as necessary. Street trees are trimmed on a five-year rotating Page H-3.2
Staff Report #: 23-119-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov schedule, which means a set number of trees is scheduled annually. This is a common practice within municipal arboriculture, as it is more cost effective to maintain the trees on a regular basis. When trimming is deferred for longer periods, fast growing trees could become prone to limb failure and hazards, requiring maintenance that becomes more expensive.

On Aug. 26, 2014, the City Council approved a five-year contract with authorization to extend the contract term for up to five additional years with West Coast Arborists for tree maintenance. The contract with West Coast Arborists is on the seventh amendment, which expires June 30, but has up to two additional years unless terminated earlier by the City. For fiscal year 2023-24, the contract cost would escalate by 3%. This increase is generally consistent with annual Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area and an increased demand for tree services due to maintenance being performed by utility companies in response to wildfire risk near electric lines. The Tree Maintenance Program expenditures include the contract for grid tree trimming services, debris removal (includes street sweeping), general operating expenses, vehicle and equipment maintenance and the salaries and benefits associated with the staff time required to manage the program and work on street trees.

On June 19, 2018, the City Council approved a five-year contract with authorization to extend the contract term for up to four additional years with Contract Sweeping Services, Inc. for street sweeping. The five-year contract expires June 30, but the City intends to exercise the option to extend it for an additional year, expiring June 30, 2024. The contract identifies rates for each fiscal year, and the identified increase for fiscal year 2023-24 is 5%. Currently, the San Mateo County Measure M funds and the landscape assessment fees fund the street sweeping contract services. The Measure M funding, administered by the City/County Association of Governments of San Mateo County, was approved by the voters of San Mateo County in 2010. It imposes an annual fee of $10 on registered motor vehicles for congestion and water pollution mitigation programs. Based on estimates from City/County Association of Governments, Measure M funding remains the same for fiscal year 2023-24.

As shown in Table 1, a fund balance of approximately $743,000 is projected to be carried over from fiscal year 2022-23. According to the Landscape and Lighting Act, the assessment is reduced by the projected balance, which is less than or equal to the costs necessary to perform maintenance and services until the County distributes the first assessment payment. The program revenues and expenditures are typically equivalent. However, in the fiscal year 2023-24, the estimated expenses increased due to the increase costs of the contract services and city personnel.

Page H-3.3
Staff Report #: 23-119-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 1: Tree maintenance assessments for proposed fiscal year 2023-24 budget Projected beginning fund balance $743,057.00
Estimated revenues:

Tree assessment revenue $815,603.67
General fund contribution $106,939.94
Measure M funds $140,000.00
Total $1,062,543.61
Estimated expenses:

Street tree maintenance $890,362.59
Debris removal (including street sweeping services) $297,022.18 Administrative and County assessment fees $195,375.00
Total $1,382,759.77
Projected ending fund balance $422,840.84
Table 2 summarizes the proposed rates with a 3% increase for parcels with and without street trees. The assessment for properties without street trees, but in close proximity to parcels with street trees, is 50% of the tree assessment due to the direct benefit of the nearby trees.

Table 2: Annual tree assessment rates for proposed fiscal year 2023-24 Property type Properties with street trees Properties without street trees Single family $91.38 per parcel $45.69 per parcel
R-2 zone, in use as single family $91.38 per parcel $45.69 per parcel Condominium/townhouse $82.24 per unit
($411.21 max. per project)
$41.12 per unit
($205.61 max. per project)
Other multifamily $73.10 per unit
($365.52 max. per project)
$36.55 per unit
($182.76 max. per project)
Commercial $91.38 per 1/5 acre
($456.90 max. per project)
$45.69 per 1/5 acre
($228.45 max.)
Industrial $91.38 per 1/5 acre
($456.90 max. per project)
$45.69 per 1/5 acre
($228.45 max.)
Parks, educational $91.38 per parcel $45.69 per parcel
Sidewalk assessment
The sidewalk assessment includes repairing and replacing damaged sidewalk, curb, gutter and parking strip caused by street trees. The sidewalk repair and replacement programs have two separate contracts with a proposed budget of $605,000 (including a 10% contingency fee) in fiscal year 2023-24. Significant cost increases in this contract are not expected for fiscal year 2023-24. Under the repair program, the City retains a contractor to address minor tripping hazards by performing horizontal saw cuts rather than removing the entire sidewalk section. This method reduces the need to remove a whole sidewalk section, which results in significant cost savings from purchasing new raw materials and environmental benefits from Page H-3.4
Staff Report #: 23-119-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov reducing waste.

For the sidewalk replacement program, the City’s contract with Golden Bay Construction expires at the end of this fiscal year. As a result, staff will enter a bidding process before the end of the fiscal year and anticipates the contract cost to increase by approximately 10% due to the rising cost of materials and labor.

The contractor will replace approximately 50 locations during the fiscal year 2022-23 (Attachment D.) However, despite increased funding and service levels the last two years, the annual sidewalk replacement needs continue to exceed the budgeted amount and a backlog of requests still exists. While the program has made progress in reducing the number of backlogged locations, approximately 30 locations identified from previous years remain.

Table 3: Sidewalk assessments for proposed fiscal year 2023-24 budget Projected beginning fund balance $90,831.00
Estimated revenues:

Sidewalk assessment revenue $332,476.89
General fund contribution $250,000.00
Total $582,476.89
Estimated expenses:

Sidewalk, curb, gutter, parking strip
repair/replacement $605,000.00
Total $605,000.00
Projected ending fund balance $68,307.89
Table 4 summarizes the proposed rates with a 3% increase to the sidewalk assessment to continue addressing ongoing sidewalk maintenance.

Table 4: Annual sidewalk assessment rates for proposed fiscal year 2023-24 budget Assessment rate per parcel
Parcels with street trees:

Sidewalks, curbs and gutters $48.82
Parking strips and gutters $48.82
Curbs and/or gutters only $32.71
No improvements $16.11
Parcels without street trees
Parcels with or without improvements $16.11
Landscape assessment
The assessments are subject to an annual adjustment based on the Engineering News Record CCI for the San Francisco Bay Area. Table 5 summarizes the maximum authorized assessment rate for fiscal year 2023-24, which is based on current and accumulated unused CCI increases reserved from prior years.

Page H-3.5
Staff Report #: 23-119-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov These increases are legally permissible without additional ballot proceedings. The comparison assessments for SFE with City street trees and sidewalks levied in fiscal year 2023-24 and the proposed rates for fiscal year 2023-24 are shown in Table 5.

Table 5: Proposed landscape assessment rate per SFE
Assessment Fiscal year
2022-23 rate
Percent
increase
Fiscal year
2023-24 rate
Amount
increase
Maximum
allowable
assessment
Tree assessment $88.72 3.0% $91.38 $2.66 $128.47
Sidewalk
assessment $47.40 3.0% $48.82 $1.42 $57.36
While the ongoing cost of maintenance of trees and sidewalks has significantly increased since the inception of the Landscaping Assessment District, the City has tried to minimize rate increases. Incremental rate increases combined with monies allocated from the general fund ensures the maintenance program remains proactive while maintaining a balanced funding approach and minimizing rate increases to the extent feasible. The proposed landscape assessment rates per SFE for tree and sidewalk are approximately 70 percent and 85 percent, respectively, of the maximum allowable rates.

If the City Council approves the attached resolutions, staff would publish a legal notice of the assessment public hearing at least 10 days before the hearing. The public hearing is tentatively scheduled for June 27.

Once the assessments are confirmed and approved, the levies are submitted to the County Controller for inclusion onto the property tax roll for fiscal year 2023-24.

Impact on City Resources
Funding for the entire tree maintenance, street sweeping and sidewalk repair programs under the Landscaping Assessment District come from a variety of sources, including the carry-over of unspent funds from prior years, annual tax assessment revenues, and contributions from the general fund. If the City Council does not order the rate increase, levy and collection of assessments, the impact on City general fund resources would be approximately $1,148,100 or the program to repair sidewalks, maintain street trees, and sweep streets would be suspended.

Environmental Review
The action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it has no potential for resulting in any direct or indirect physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Resolution approving the preliminary engineer’s report B. Resolution intending to order the levy and collection of assessments Page H-3.6
Staff Report #: 23-119-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov C. Engineer’s report
D. Hyperlink – Sidewalk repair program: menlopark.gov/Government/Departments/PublicWorks/Maintenance-Division/Sidewalk-repair-program Report prepared by:

Joanna Chen, Management Analyst II
Reviewed by:

Tanisha Werner, Assistance Public Works Director – Engineering Page H-3.7
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK APPROVING THE PRELIMINARY ENGINEER’S REPORT FOR THE CITY OF

MENLO PARK LANDSCAPING ASSESSMENT DISTRICT FOR FISCAL YEAR 2023-24
WHEREAS, on the fourteenth day of March, 2023, the City Council of the City of Menlo Park adopted Resolution No. 6818, directing preparation of the Engineer’s Report for the City of Menlo Park Landscaping Assessment District (District) for fiscal year 2023-24, pursuant to provisions of Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972, in said City and did refer the proposed improvements to SCI Consulting Group and did therein direct SCI Consulting Group to prepare and file with the Clerk of said City a report, in writing, all as therein more particularly described, under and in accordance with Section 22565, et. seq., of the Streets and Highways Code and Article XIIID of the California Constitution; and WHEREAS, said SCI Consulting Group prepared and filed with the City Clerk of said City a report in writing as called for in Resolution No. 6818 and under and pursuant to said Article and Act, which report has been presented to this City Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof, should be modified in any respect.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Menlo Park does hereby make the following findings:

1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the District contained in said report, be, and they are hereby, preliminarily approved; and

2. That the Engineer’s estimate of the itemized and total costs and expenses of said improvements, maintenance, and servicing thereof, and of the incidental expenses in connection therewith, contained in said report be, and each of them is hereby, preliminarily approved; and

3. That the diagram (Exhibit A) showing the exterior boundaries of the District referred to and described in said Resolution No. 6818 and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor’s maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report be, and it is hereby, preliminarily approved; and

4. That the proposed continued assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, as contained in said report be, and they are hereby, preliminarily approved; and

5. That said report shall stand as the Engineer’s Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 6818.

ATTACHMENT A Page H-3.8
I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-third day of May, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of May, 2023.

Judi A. Herren, City Clerk
Exhibits:

A. Exterior boundaries of the District
Page H-3.9
U

MIDDLEFIELD RD
N
I
V
E
RSI
TY
D
R

MARSH RD

SAND HILL RD

MENLO AVE

VALPARAISO AVE
BAY RD
EL
CA
M
INO RE
A
L

RAVENSWOOD AVE

ALPINE RD

WILLOW RD

SANTA CRUZ AVE
US HIGHWAY 101
US HIGHWAY 101
STATE HIGHWAY 84
STATE
HIGHWAY 84
County of Santa Clara, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA ±
City Limits
Landscape Assessment District
Parcels
Landscape Assessment District
Reference is hereby made to the maps and deeds recorded in the Office of The Assessor of the County of San Mateo for a detailed description of the lines and dimensions of any parcels shown herein.

Those maps shall govern for all details concerning the lines and dimensions of such parcels. Each parcel is identified in said maps by its distinctive parcel number.
0 0.5 1 2
Miles
EXHIBIT A Page H-3.10
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

INTENDING TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING ASSESSMENT DISTRICT FOR FISCAL YEAR 2023- 24 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, pursuant to Resolution No. 6818 directing the preparation of the Engineer’s Report for fiscal year 2023-24 for the City of Menlo Park Landscaping Assessment District (District), adopted on March 14, 2023, by the City Council of Menlo Park; and WHEREAS, pursuant to provisions of Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972, SCI Consulting Group for said City has prepared and filed with the City Clerk of this City the written report called for under and in accordance with Section 22565, et. seq., of the Streets and Highways Code and Article XIIID of the California Constitution; and
WHEREAS, by said Resolution No. 6818, which said report has been submitted and preliminarily approved by this City Council in accordance with said Article and Act.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Menlo Park does hereby make the following findings:

1. In its opinion, the public interest and convenience require, and it is the intention of this City Council, to order the continuation and collection of assessments for fiscal year 2023-24 pursuant to the provisions of Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit A hereto attached and by reference incorporated herein; and

2. The cost and expense of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as “City of Menlo Park Landscaping District” the exterior boundaries of which District are the composite and consolidated area as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars.

Said map indicates by a boundary line the extent of the territory included in the District and the general location of said District; and

3. Said Engineer’s Report prepared by SCI Consulting Group, preliminarily approved by this City Council, and on file with the Clerk of this City, is hereby referred to for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the District; and

4. The authorized maximum assessment rates for the District include an annual adjustment by an amount equal to the annual change in the Engineering News Record Index, not to exceed 3.00 percent per year, plus any uncaptured excesses. Assessment rates for the tree portion of the assessments are proposed to increase during fiscal year 2023-24 by 3.00 percent. Including the authorized annual adjustment, the maximum authorized assessment rate for street tree maintenance for fiscal year 2023-24 is $128.47 per single family equivalent benefit unit, and the assessment rate per single family equivalent benefit unit for Page H-3.11 ATTACHMENT B
Resolution No. XXXX

fiscal year 2023-24 is $91.38 which is less than the maximum authorized rate. Assessment rates for the sidewalk repairs portion of the assessments are proposed to increase during fiscal year 2023-24 by 3.00 percent. Including the authorized annual adjustment, the maximum authorized assessment rate for sidewalk maintenance for fiscal year 2023-24 is $57.36 per single family equivalent benefit unit, and the assessment rate per single family equivalent benefit unit for fiscal year 2023-24 is $48.82, which is less than the maximum authorized rate; and

5. Notice is hereby given that Tuesday, the twenty-seventh day of June, 2023, at the hour of 6 p.m., or as soon thereafter as the matter may be heard, by hybrid meeting, at which time and place interested persons may participate and be heard on, and the same are hereby appointed and fixed as the time and place for a Public Hearing by this City Council on the question of the continuation and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer’s estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer’s Report; and

6. The City Clerk of said City is hereby directed to give notice of said Public Hearing by causing a copy of this resolution to be published once in The Examiner, a newspaper circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of public hearing specified herein; and

7. The Office of the Public Works Director of said City is hereby designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 701 Laurel Street, Menlo Park, California, 94025, or by calling (650) 330-6740.

I, Judi A. Herren, City Clerk of Menlo Park, do hereby certify that the above and foregoing City Council Resolution was duly and regularly passed and adopted at a meeting by said City Council on the twenty-third of May, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of said City on this __ day of May, 2023.

Judi A. Herren, City Clerk
Page H-3.12
Resolution No. XXXX

Exhibits:

A. City of Menlo Park Landscaping Assessment District
Page H-3.13
Resolution No. XXXX

City of Menlo Park Landscaping Assessment District
Maintaining and servicing of street trees, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health, and beauty of landscaping, including cultivation, trimming, spraying, fertilizing, or treating for disease or injury, the removal of trimmings, rubbish, debris, and other solid waste, and water for the irrigation thereof, and the installation or construction, including the maintenance and servicing thereof, of curbs, gutters, sidewalks, and parking strips.

Page H-3.14 EXHIBIT A
Fiscal Year 2023-24 ENGINEER’S REPORT
City of Menlo Park
Landscaping Assessment District
May 2023
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution
Page H-3.15 ATTACHMENT C

ATTACHMENT C
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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24
Page i
City of Menlo Park
Menlo Park City Council
Mayor Jen Wolosin
Vice Mayor Cecilia Taylor
Councilmember Drew Combs
Councilmember Maria Doerr
Councilmember Betsy Nash
City Manager
Justin Murphy
City Clerk
Judi A. Herren
City Attorney
Nira Doherty
Engineer of Work
SCI Consulting Group
Lead Assessment Engineer, Edric Kwan, P.E.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24
Page ii

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24
Page iii
Table of Contents
Introduction.................................................................................................... 1 Assessment Background............................................................................................... 1 Legal Analysis................................................................................................................ 4 Plans & Specifications ..................................................................................... 7 Method of Assessment.................................................................................... 8 Discussion of Benefit.................................................................................................... 8 Benefit Factors ...........................................................................................................10 General vs. Special Benefit.........................................................................................12 Method of Assessment...............................................................................................13 Assessment Apportionment - Street Trees................................................................13 Assessment Apportionment - Sidewalk Program.......................................................15 Assessment Apportionment - Other Properties.........................................................16 Appeals and Interpretation ........................................................................................17 Assessment................................................................................................... 19 Assessment Diagram ..................................................................................... 24 Appendix A – Assessment Roll, FY 2023-24................................................................26 Page H-3.19
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24
Page iv
List of Figures
Figure 1 – Residential Assessment Factors....................................................................... 14 Figure 2 – Tree Maintenance Assessments ...................................................................... 18 Figure 3 – Sidewalk, Curb, Gutter, Parking Strip Assessments......................................... 18 Figure 4 – Summary Cost Estimate ................................................................................... 19 Figure 5 – Engineer’s Cost Estimate, Fiscal Year 2023-24................................................. 22 Page H-3.20
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Introduction
Assessment Background
Between 1960 and 1982, the City of Menlo Park had one three-person crew to care for approximately 9,000 City trees. As the trees grew, it took considerably more time per tree to provide proper care. Consequently, one tree crew was unable to perform the necessary work to maintain all of the street trees in proper condition. The Landscape Assessment District was originally formed in 1983 for the purpose of levying annual special assessments in order to properly maintain street trees in the City of Menlo Park.

Currently, there are approximately 11,000 street trees that are maintained by the assessments.

Prior to 1990, property owners and the City would split the cost of repairing sidewalks damaged by City trees. The City would annually enter into an agreement with approximately 200 individual property owners. The one-time cost was a financial burden to some residents on fixed incomes. In order to make the program more cost-effective and less of a financial burden for property owners, an assessment for repair of sidewalks/parking strips due to City street-tree related damages was established in 1990.

The increased cost of the necessary work made the assessment amounts levied in Fiscal Year 1997-98 insufficient for adequately maintaining the City’s street trees, curbs, gutters and sidewalks. An increase in the assessments was required to provide funding for continued tree maintenance and sidewalk repairs. However, with the passage of Proposition 218 on November 6, 1996, assessments can only be raised after the City conducts an assessment ballot proceeding and the ballots submitted in opposition to the assessments do not exceed the ballots in favor of the assessments. (Each ballot is weighted by the amount of assessment for the property it represents.) Page H-3.21
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Assessment Process
In 1998, the City conducted an assessment ballot proceeding for increased tree maintenance and sidewalk repair assessments pursuant to the requirements of Article XIIID of the California Constitution (Proposition 218) and the Landscaping and Lighting Act of 1972. The proposed tree maintenance assessments for fiscal year 1998-99 were $64.28 per single family equivalent unit and the proposed sidewalk repair assessments were $28.70 per single family equivalent. The proposed maximum assessments also included an annual assessment cost escalator tied to the annual change in the Engineering News Record Construction Cost Index for the San Francisco Bay Area ("ENR Index"). These proposed assessments were supported by 73% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on June 16, 1998 by its Resolution Number 4840-D, the City Council levied the new assessments.

Engineer’s Report and Continuation of Assessments
In each subsequent year for which the assessments will be continued, the City Council must direct the preparation of an Engineer's Report, budgets and proposed assessments for the upcoming fiscal year. After the Engineer's Report is completed, the City Council may preliminarily approve the Engineer's Report and proposed assessments and establish the date for a public hearing on the continuation of the assessments. This Report was prepared pursuant to the direction of the Council.

The maximum authorized assessment rate, as increased each year by the change in the ENR Index, is the maximum assessment rate that can be levied in the given fiscal year without approval from property owners in another assessment ballot proceeding. In fiscal year 1998-99, the assessments were levied at the maximum rate for that fiscal year.

Since this first fiscal year after the ballot proceeding, the assessments for tree maintenance have been levied below the maximum authorized rate, and the assessment rate for sidewalk repairs has not been increased above the original rate.

From December 2021 to December 2022, the ENR Index increased 5.27%. The maximum amount assessments can be increased annually is the ENR Index plus any uncaptured excess reserved from prior years, to a maximum increase to the ENR not to exceed 3%.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Based on accumulated excess reserves from prior years, the maximum authorized rates for fiscal year 2023-24 are $128.47 for trees and $57.36 for sidewalks without another ballot proceeding. (No additional ballot proceeding is required because the maximum authorized assessment rates, including the annual adjustments in these rates, were approved in the 1998 ballot proceeding. The actual rate levied in any given fiscal year can be revised up, with an annual maximum increase of 3%, or down, by any amount that does not cause the actual rates levied to exceed the maximum authorized assessment rates.)
The City reduced the assessment rate for tree maintenance in fiscal year 2000-01 and increased the assessment rate in fiscal years 2002-03, 2005-06 through 2009-10, 2014- 15, and 2016-17 through 2022-23. In other fiscal years it was not necessary to increase the rate, due to sufficient reserve funds carried forward from prior fiscal years, combined with general benefit contributions. For fiscal year 2023-24 the proposed assessments for tree maintenance were proposed to increase 3.00% from fiscal year 2022-23, and the assessments for sidewalk maintenance are proposed to increase 3.00%. The proposed rates are $91.38 per Single Family Equivalent (SFE) for tree maintenance and $48.82 per SFE for sidewalk maintenance. The comparison of actual rates levied in fiscal year 2022- 23 and the proposed rates for fiscal year 2023-24 are shown below.

FY 2022-23 Rate ENR Increase Applied FY 2023-24 Rate Increase $47.40 3.00% $48.82 $1.42
FY 2022-23 Rate ENR Increase Applied FY 2023-24 Rate Increase $88.72 3.00% $91.38 $2.66
Sidewalk Maintenance
Tree Maintenance
If the Council approves this Engineer's Report and the continuation of the assessments by resolution, a notice of assessment levies must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is used for this notice.

Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the assessments. This hearing is currently scheduled for June 27, 2023. At this hearing, the Council will consider approval of a resolution confirming the continuation of the assessments for fiscal year 2023-24. If so confirmed and approved, the assessments will be submitted to the County Controller for inclusion on the property tax roll for fiscal year 2023-24.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Legal Analysis
Proposition 218
This assessment is consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services, improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.

Proposition 218 describes a number of important requirements, including a propertyowner balloting, for the formation and continuation of assessments, and these requirements are satisfied by the process used to establish this assessment.

The original assessment existed prior to the passage of Proposition 218. Although the original assessment is also consistent with Proposition 218, the California judiciary has generally referred to pre-Proposition 218 assessments as “grandfathered assessments” and held them to a lower standard than post Proposition 218 assessments.

Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA vs.

SCCOSA”). This ruling is the most significant court case in further legally clarifying the substantive assessment requirements of Proposition 218. Several of the most important elements of the ruling included further emphasis that:
 Benefit assessments are for special, not general, benefit  The services and/or improvements funded by assessments must be clearly defined
 Special benefits are directly received by and provide a direct advantage to property in the assessment district
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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Dahms v. Downtown Pomona Property
On June 8, 2009, the 4th Court of Appeal amended its original opinion upholding a benefit assessment for property in the downtown area of the City of Pomona. On July 22, 2009, the California Supreme Court denied review. On this date, Dahms became good law and binding precedent for assessments. In Dahms the Court upheld an assessment that was 100% special benefit (i.e., 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

Bonander v. Town of Tiburon
On December 31, 2009, the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub-areas of the assessment district instead of proportional special benefits.

Beutz v. County of Riverside
On May 26, 2010 the 4th District Court of Appeal issued a decision on the Steven Beutz v.

County of Riverside (“Beutz”) appeal. This decision overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.

Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Compliance with Current Law
This Engineer’s Report is consistent with the requirements of Article XIIIC and XIIID of the California Constitution and with the SVTA decision because the Improvements to be funded are clearly defined; the Improvements are directly available to and will directly benefit property in the Assessment District; and the Improvements provide a direct advantage to property in the Assessment District that would not be received in absence of the Assessments.

This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the Assessment District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and proportional special benefit to each property.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Plans & Specifications
Following is a description of the Services that are provided for the benefit of property in the Assessment District. Prior to the residential development in Menlo Park, the Level of Service on these improvements was effectively zero. The formula below describes the relationship between the final level of improvements, the baseline level of service (predevelopment) had the assessment not been instituted, and the enhanced level of improvements funded by the assessment.

Final Level of
Service
= Baseline Level of Service
(≈zero, pre-development)
+ Enhanced Level of
Service
The City of Menlo Park maintains street trees, sidewalks, curbs, gutters, and parking strips throughout the City.

The proposed improvements to be undertaken by the City of Menlo Park and financed by the levy of the annual assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. The said improvements consist of maintaining, trimming, disease treatment, and replacement of street trees; street sweeping to remove debris; and the repair and replacement of damaged sidewalks, curbs, gutters, and parking strips damaged by street trees throughout the City of Menlo Park.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Method of Assessment
This section of the Engineer's Report includes an explanation of the benefits to be derived from the maintenance, repair, and replacement of street trees, sidewalks, curbs, gutters, and parking strips throughout the City, and the methodology used to apportion the total assessment to properties within the Landscaping Assessment District.

The Landscaping Assessment District consists of all Assessor Parcels within the boundaries of the City of Menlo Park as defined by the County of San Mateo tax code areas. The method used for apportioning the assessment is based upon the proportional special benefits to be derived by the properties in the Landscaping Assessment District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property.

Discussion of Benefit
In summary, the assessments can only be levied based on the special benefit to properties. This benefit is received by property over and above any general benefits and such benefit is not based on any one property owner’s use of the amenities or a property owner’s specific demographic status. With reference to the requirements for assessment, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Article XIIID, Section 4 of the California Constitution has confirmed that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." Page H-3.28
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing of landscaping and lighting improvements to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe the types of special benefit received by property from maintenance and improvements such as those within by the District. These types of special benefit are summarized as follows:

A. Proximity to improved landscaped areas within the Assessment District.

B. Access to improved landscaped areas within the Assessment District.

C. Improved Views within the Assessment District.

D. Enhanced environment because of the vigorous street tree program for owners of property in the Landscaping Assessment District.

E. Increased safety against tripping and other hazards caused by cracked or damaged sidewalks, curbs and gutters.

F. Enhanced desirability of the property.

G. Reduced liability for landscape maintenance.

In this case, the recent the SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties in three distinct areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that landscaping improvements are a direct advantage and special benefit to property that is proximate to landscaping that is improved by an assessment:

The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).

Proximity, improved access and views, in addition to the other special benefits listed above further strengthen the basis of these assessments.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Benefit Factors
The special benefits from the Improvements are further detailed below:

Proximity to improved landscaped areas within the Assessment District Only the specific properties within close proximity to the Improvements are included in the Assessment District. Therefore, property in the Assessment District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the Assessment District do not share.

In absence of the assessments, the Improvements would not be provided and the landscaping areas in the Assessment District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the assessments provide Improvements that are over and above what otherwise would be provided.

Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits, but when combined with the unique proximity and access enjoyed by parcels in the Assessment District, they provide a direct advantage and special benefit to property in the Assessment District.

Access to improved landscaped areas within the Assessment District Since the parcels in the Assessment District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas that are provided by the Assessments. This is a direct advantage and special benefit to property in the Assessment District.

Improved views within the Assessment District
The City, by maintaining these landscaped areas, provides improved views to properties in the Assessment District. The properties in the Assessment District enjoy close and unique proximity, access and views of the Improvements; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the Assessment District. The Landscaping Assessment District provides funding to maintain and protect these public resources and facilities of the City. For example, the assessments provide funding to trim and maintain the street trees to maintain them in a healthy condition. This benefits properties by maintaining and improving the public resources in the community.

In order to allocate the proposed assessments, the Engineer begins by identifying the types of special benefit arising from the maintenance, repair, and replacement of the aforementioned facilities and that would be provided to property within the District.

These types of special benefit are as follows:

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Enhanced environment because of the vigorous street tree program for owners of property in the Landscaping Assessment District Residential properties benefit from the enhanced environment provided by a vigorous program to install and maintain the street trees at a level beyond that followed by other cities throughout the County. The increased use of street trees provides an atmosphere of beauty beyond the norm. The improvements to the trees will be available to residents and guests of properties within the District.

Non-residential properties also will benefit from these improvements in many ways. The use of street trees softens the environment making it more pleasant for employees during commute time and at breaks from their work. These improvements, therefore, enhance an employer's ability to attract and keep quality employees. The benefits to employers ultimately flow to the property because better employees improve the employment prospects for companies and enhanced economic conditions benefit the property by making it more valuable.

Increased safety against tripping and other hazards caused by cracked or damaged sidewalks, curbs and gutters
An aggressive inspection program identifies hazardous conditions in sidewalks, curbs and gutters caused by street trees and allows for these conditions to be repaired on a timely basis. Timely repair of hazardous conditions greatly improves the overall safety of the environment, thereby providing for safer use of property.

Enhanced desirability of the property
The assessments will provide funding to improve the City's street tree program, raising the quality to a more desired level, and to ensure that the sidewalks, curbs, and gutters remain operable, safe, clean and well maintained. Such improved and well-maintained facilities enhance the overall desirability of property. This is a benefit to residential, commercial and industrial properties.

Reduced liability for landscape maintenance
The assessments will reduce the liability for landscape maintenance to street trees and other improvements. This is a benefit to residential, commercial and industrial properties.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

General vs. Special Benefit
Article XIII D of the Constitution specifies that only special benefits are assessable, and that the City must separate the general benefits from the special benefits conferred on any parcel. The complete analysis of special benefits and their allocation are found elsewhere in this report. For the Landscaping Assessment District, the City has identified a general benefit and has separated it from the special assessments.

The City’s maintenance of street trees and sidewalk facilities provides a general benefit to the community and to the general public to some degree. The measure of this general benefit is the enhancement of the environment and safety provided to the greater public at large. This general benefit can be measured by the proportionate amount of time that the City’s sidewalks and street trees are used and enjoyed by the greater public at large1 .

It is reasonable to assume that approximately 1/4 or 25% of the usage and enjoyment of the improvements is by the greater public. Therefore, approximately 25% of the benefits conferred by the improvements are general in nature.

The City’s total budget for maintenance and improvement of its trees and sidewalk facilities is $1,987,759. Of this total budget amount, the City will contribute $250,000 from sources other than the assessments for sidewalk repair and $106,939 for street tree maintenance. These contributions by the City, as well as $140,000 in funds from Measure M, total $688,715, equating to approximately 25.0% of the total budget for maintenance to offset the cost of the general benefits resulting from the improvements.

In the 2009 Dahms case, the court upheld an assessment that was 100% special benefit on the rationale that the services funded by the assessments were directly provided within the assessment district. It is also important to note that the improvements and services funded by the assessments in Pomona are similar to the improvements and services funded by the Assessments described in this Engineer’s Report and the Court found these improvements and services to be 100% special benefit. Also similar to the assessments in Pomona, the Assessments described in this Engineer’s Report fund improvements and services directly provided within the Assessment District and every benefiting property in the Assessment District enjoys proximity and access to the Improvements. Therefore, Dahms establishes a basis for minimal or zero general benefits from the Assessments. However, in this Report, the general benefit is more conservatively estimated and described, and then budgeted so that it is funded by sources other than the Assessment.
1 . The greater public at large is generally defined as those who are not residents, property owners, customers or employees within the City, and residents who do not live in close proximity to the improvements.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Method of Assessment
The second step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of SingleFamily Equivalents (“SFE”). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer’s Report, all properties are designated an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. The "benchmark" property is the single family detached dwelling, which is one Single Family Equivalent, or one SFE.

As stated previously, the special benefits derived from the assessments are conferred on property and are not based on a specific property owner’s use of the improvements, on a specific property owner’s occupancy of property, or the property owner’s demographic status such as age or number of dependents. However, it is ultimately people who enjoy the special benefits described above, use and enjoy the City’s trees and sidewalks, and control property values by placing a value on the special benefits to be provided by the improvements. In other words, the benefits derived to property are related the average number of people who could potentially live on, work at or otherwise could use a property, not how the property is currently used by the present owner. Therefore, the number of people who could or potentially live on, work at or otherwise use a property is an indicator of the relative level of benefit received by the property.

Assessment Apportionment - Street Trees
Properties with Street Trees
All improved residential properties that represent a single residential dwelling unit and have a street tree on or fronting the property are assigned 1.0 SFE. All single-family houses with tree(s) and those units in R-2 zones that are being used as single-family dwellings (with trees) are included in this category.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Properties with more than one residential unit are designated as multi-family residential properties. These properties benefit from the improvements in proportion to the number of dwelling units that occupy each property and the relative number of people who reside in multi-family residential units compared to the average number of people who reside in a single-family home. The population density factors for the County of San Mateo from the 1990 US Census (the most recent data available when the Assessment was established) are depicted below. The SFE factors for condominium, townhouse, and multi-family parcels, as derived from relative dwelling unit population density, are also shown below.

Figure 1 – Residential Assessment Factors
Total Occupied Persons SFE
Property Type Population Households per Household Factor* Single Family Residential 412,685 140,248 2.94 1.0
Condominium/Townhouse 54,284 19,331 2.81 0.9
Multi-Family Residential 158,004 65,981 2.39 0.8
Source: 1990 Census, San Mateo County
The SFE factor for condominium, townhouse, and multi-family parcels is based on the ratio of average persons per household for the property type versus the average persons per household for a single-family residential home. Multi-family units are assessed at

0.80 per unit up to a maximum of 4.0 SFE per parcel (maximum of 5 units multiplied by

0.80). Condominium and townhouse parcels are assessed at 0.90 per unit, up to a maximum of 4.5 SFEs per development (maximum of 5 units multiplied by 0.90).

SFE values for commercial and industrial land uses are based on the equivalence of special benefit on a land area basis between single-family residential property and the average commercial/industrial property. The average size of a parcel for a single-family home in the District is approximately 0.18 acres, and such single-family property has an SFE value of 1.0. Using the equivalence of benefit on a land area basis, improved commercial and industrial parcels of approximately 0.20 acres or less would also receive an SFE benefit factor of 1.0. Commercial and industrial parcels in excess of a fifth of an acre in size are assigned 1.0 SFE per 0.20 acre or portion thereof, and the maximum benefit factor for any commercial/industrial parcel is 5.0 SFE.

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City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Vacant parcels are also benefited from the street tree improvement and maintenance program. An example of a benefit is enhancement of the visual appeal that will accrue to a vacant parcel from the presence or proximity of the community’s street trees based on its future potential use. Undeveloped property also benefits from the installation and maintenance of street trees, because if the property is developed during the year, the street trees will be available to the developed property. The relative benefit to vacant property is determined to be generally equal to the benefit to a single-family home property. Therefore, vacant property with street tree(s) are assessed 1 SFE.

Properties without Street Trees
The special benefit factors conferred on property can be defined by the benefits conferred to properties with and without street trees. The types of benefits conferred to all property in the community include protection of views, screening, and resource values and enhanced desirability of the property. A higher level of special benefits is conferred directly on parcels with street trees because these parcels obtain additional benefits from well-maintained, healthy trees fronting the property. The types of special benefits that are increased for properties with street trees include enhanced levels of safety, desirability, unique proximity, access and views of resources and facilities from healthy trees on the property. Therefore, individual properties without street trees but in close proximity to parcels with street trees receive a direct benefit from the street trees and should pay 50% of the rate for a similar property with street trees. Such properties are assigned an SFE benefit factor that is 50% of that for a similar property with street trees.

Assessment Apportionment - Sidewalk Program
The benefits to property for sidewalks, curbs, gutters and parking strips are closely related to a parcel’s proximity to these improvements and the parcel’s proximity to street trees.

Street trees are the most common cause of sidewalk problems. Therefore, the highest benefit from the proposed sidewalk improvements is to properties with street trees and sidewalks, curbs and gutters, or street trees and parking strips and gutters, because without the maintenance work, these improvements would degrade more quickly, which would affect the parcel’s appearance and safety. It is estimated that 1/3 of the special benefits are conferred to property with street trees and sidewalks or parking strips.

Another 1/3 of the special benefits are conferred to property with street trees and curbs and gutters. Special benefit factors are also conferred on property without street trees or adjoining sidewalk, curb, gutter and/or parking strip improvements that are in close proximity to these types of improvements. It is estimated that the remaining 1/3 of the special benefit factors from the Sidewalk Program are conferred to these parcels that are in close proximity to the improvements but that do not have improvements directly adjacent to their property.

Page H-3.35
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Consequently, properties with street trees and sidewalks or parking strips and curbs and gutters or valley gutters are assigned a benefit factor of 1 SFE. Properties with street trees, curbs and gutters are assigned a benefit factor of 0.67 SFE. If there are street trees but no improvements along the frontage of a parcel, or no street trees on a parcel, its benefit is 1/3 or 0.33 SFE.

Assessment Apportionment - Other Properties
Improved, publicly owned parcels that are used for residential, commercial or industrial purposes are assessed at the rates specified previously. Other improved public property; institutional property and properties used for educational purposes, typically generate employees on a less consistent basis than other non-residential parcels. Moreover, many of these parcels provide some degree of on-site amenities that serve to offset some of the benefits from the District. Therefore, these parcels, with or without street trees, receive minimal benefit and are assessed an SFE factor of 1 for street tree assessments and an SFE factor of 1 for sidewalks, curbs and gutter assessments.

All properties that are specially benefited have been assessed. Agricultural parcels without living units, public right-of-way parcels, well, reservoir or other water rights parcels, unimproved open space parcels, watershed parcels and common area parcels generally provide recreational, open space and/or scenic benefits to the community. As such, they tend to provide similar benefits as provided by the improvements in the District. Any benefits they would receive from the landscaping maintenance are generally offset by the equivalent benefits they provide. Moreover, these parcels typically do not generate employees, residents or customers. Such parcels are, therefore, not specially benefited and are not assessed.

Page H-3.36
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Appeals and Interpretation
Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Public Works Director of the City of Menlo Park or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Public Works Director or his or her designee will promptly review the appeal and any information provided by the property owner. If the Public Works Director or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County of San Mateo for collection, the Public Works Director or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the Public Works Director or his or her designee shall be referred to the City Council of the City of Menlo Park and the decision of the City Council of the City of Menlo Park shall be final.

Page H-3.37
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Figure 2 – Tree Maintenance Assessments
Property Type
Parcels with Trees Assessment Rate
Single Family $91.38 (per Parcel)
R-2 Zone, in use as single family $91.38 (per Parcel)
Condominium/Townhouse $82.24 (per Unit, $411.21 max. per Project) Other Multi-family $73.10 (per Unit, $365.52 max. per Project) Commercial $91.38 (per 1/5 acre, $456.90 max. per Project) Industrial $91.38 (per 1/5 acre, $456.90 max. per Project) Parks, Educational $91.38 (per Parcel)
Miscellaneous, Other $0.00 (per Parcel)
Parcels without Trees
Single Family $45.69 (per Parcel)
R-2 Zone, in use as single family $45.69 (per Parcel)
Condominium/Townhouse $41.12 (per Unit, $205.61 max. per Project) Other Multi-family $36.55 (per Unit, $182.76 max. per Project) Commercial $45.69 (per 1/5 acre, $228.45 max.)
Industrial $45.69 (per 1/5 acre, $228.45 max.)
Parks, Educational $45.69 (per Parcel)
Miscellaneous, Other $0.00 (per Parcel)
2023-24 Assessment Rates
Figure 3 – Sidewalk, Curb, Gutter, Parking Strip Assessments Property Type
Parcels with Trees Assessment Rate
Sidewalks, curbs, gutters $48.82 (per Parcel)
Parking strips and gutters $48.82 (per Parcel)
Curbs and/or gutters only $32.71 (per Parcel)
No improvements $16.11 (per Parcel)
Miscellaneous, Other $0.00 (per Parcel)
Parcels without Trees
Parcels with or without improvements $16.11 (per Parcel) Miscellaneous, Other $0.00 (per Parcel)
2023-24 Assessment Rates
Note: All total combined tree and sidewalk assessment amounts are rounded to the lower even penny.

Page H-3.38
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Assessment
WHEREAS, on March 14, 2023, the City Council of the City of Menlo Park, County of San Mateo, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively “the Act”), adopted its Resolution Initiating Proceedings for the Levy of Assessments within the Landscaping Assessment District; and
WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the assessment district and an assessment of the estimated costs of the improvements upon all assessable parcels within the assessment district, to which Resolution and the description of said proposed improvements therein contained, reference is hereby made for further particulars.

NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of said City of Menlo Park, hereby make the following assessment to cover the portion of the estimated cost of said improvements, and the costs and expenses incidental thereto to be paid by the assessment district.

The amount to be paid for said improvements and the expense incidental thereto, to be paid by the Landscaping Assessment District for the fiscal year 2023-24 is generally as follows:

Figure 4 – Summary Cost Estimate
F.Y. 2023-24
Budget
Street Tree Program $ 890,362.59
Street Sweeping $ 297,022.18
Sidewalk Program $ 605,000.00
Incidental Expenses $ 195,375.00
TOTAL BUDGET $1,987,760
Plus:

Projected Fund Balance $ 491,149.03
Less:

City Contribution for General Benefits ($496,939.94)
Contribution from Carry-Over Fund Balances $ (833,888.00) NET AMOUNT TO ASSESSMENTS $ 1,148,080.86
Page H-3.39
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Landscaping Assessment District. The distinctive number of each parcel or lot of land in the said Landscaping Assessment District is its Assessor Parcel Number appearing on the Assessment Roll.

And I do hereby assess and apportion said net amount of the cost and expenses of said improvements, including the costs and expenses incidental thereto, upon the parcels and lots of land within said Landscaping Assessment District, in accordance with the special benefits to be received by each parcel or lot, from the improvements, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof.

The assessment is made upon the parcels or lots of land within the Landscaping Assessment District in proportion to the special benefits to be received by the parcels or lots of land, from said improvements.

The assessment is subject to an annual adjustment tied to the Engineering News Record (ENR) Construction Cost Index for the San Francisco Bay Area, with a maximum annual adjustment not to exceed 3%. Any change in the ENR in excess of 3% shall be cumulatively reserved as the “Unused ENR” and shall be used to increase the maximum authorized assessment rate in years in which the ENR is less than 3%. The maximum authorized assessment rate is equal to the maximum assessment rate in the first fiscal year the assessment was levied adjusted annually by the minimum of 1) 3% or 2) the change in the ENR plus any Unused ENR as described above. The initial, maximum assessment rate balloted and established in Fiscal Year 1998-99 was $64.28 per single family equivalent benefit unit for tree maintenance, and $28.70 per single family equivalent benefit unit for sidewalk maintenance.

Based on the preceding annual adjustments, the maximum assessment rate for Fiscal Year 2022-23 was $124.73 for tree maintenance and $55.69 for Sidewalk maintenance. The change in the ENR from December 2021 to December 2022 was 5.27%. Therefore, the maximum authorized assessment rate for Fiscal Year 2023-24 has been increased from $124.73 to $128.47 per single family equivalent benefit unit for tree maintenance, and from $55.69 to $57.36 per single family equivalent benefit unit for sidewalk maintenance.

However, the estimate of cost and budget in this Engineer’s Report proposes assessments for fiscal year 2023-24 at the rate of $91.38 per single family equivalent benefit unit for tree maintenance, which is less than the maximum authorized assessment rate and is a

3.00% increase over the rate assessed in the previous fiscal year. The proposed assessment rate for fiscal year 2023-24 for sidewalk maintenance is $48.82 per single family equivalent benefit unit, which is also less than the maximum authorized assessment rate and is a 3.00% increase over the rate assessed in the previous fiscal year.

Page H-3.40
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Property owners in the Assessment District, in an assessment ballot proceeding, approved the initial fiscal year benefit assessment for special benefits to their property including the ENR adjustment schedule. As a result, the assessment may continue to be levied annually and may be adjusted by up to the maximum annual ENR adjustment without any additional assessment ballot proceeding. In the event that in future years the assessments are levied at a rate less than the maximum authorized assessment rate, the assessment rate in a subsequent year may be increased up to the maximum authorized assessment rate without any additional assessment ballot proceeding.

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of San Mateo for the fiscal year 2023-24. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2023-24 for each parcel or lot of land within the said Landscaping Assessment District.

Dated: May 8, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.

License No. C062829
Page H-3.41
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Figure 5 – Engineer’s Cost Estimate, Fiscal Year 2023-24 A. Tree Maintenance
Salaries & Benefits $ 503,643.84
Operating Expense $ 32,360.00
Fixed Assets & Capital Outlay $ 4,500.00
Vehicle & Equipment Maintenance $ 15,250.00
Professional Services $ 334,608.75
(Tree Spraying, Tree Trimming, Misc.)
Subtotal - Tree Maintenance $ 890,362.59
B. Debris Removal
Salaries & Benefits $ 75,022.18
Street Sweeping Contract $ 222,000.00
Subtotal - Debris Removal $ 297,022.18
C. Sidewalk, Curb, Gutter, Parking Strip Repair/Replacement Construction Costs $ 605,000.00
Subtotal - S/W,C,G, & PS Repair/Replace $ 605,000.00
Subtotal Tree/Debris/Reforestation/Sidewalk $ 1,792,384.77 D. Incidentals
Indirect Costs & Administration $ 180,375.00
County Collection Fees $ 15,000.00
Subtotal - Incidentals $ 195,375.00
Total Cost $ 1,987,759.77
Fiscal Year 2023-24

CITY OF MENLO PARK LANDSCAPING ASSESSMENT DISTRICT

ENGINEER'S COST ESTIMATE
Page H-3.42
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Projected Fund Balance $ 491,149.03
Tree Maintenance Ending Fund Balance $ (743,057.00)
Less General Fund Contribution $ (106,939.94)
Measure M $ (140,000.00)
Sidewalk Fund Ending Balance $ (90,831.00)
Less General Fund CIP Contribution to Sidewalk Fund $ (250,000.00) Net to Assessment $ 1,148,080.86
Revenue
Single Family Equivalent Benefit Units - Trees 8,925.41 Single Family Equivalent Benefit Units - Sidewalks 6,810.26 2023-24 2022-23
Assessment Rate for Tree Fund/ SFE $91.38 $88.72
Assessment Rate for Sidewalk Fund/ SFE $48.82 $47.40
Revenue for Tree Fund $815,603.97
Revenue for Sidewalk Fund $332,476.89
Total Revenue * $1,148,080.86
assessments are rounded down to the even penny.
* Total revenue is slightly less than SFEs times the assessment rate because all combined Engineer's Cost Estimate, Fiscal Year 2023-24 (continued) Page H-3.43
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Assessment Diagram
The Landscaping Assessment District includes all properties within the boundaries of the City of Menlo Park.

The boundaries of the Landscaping Assessment District are displayed on the following Assessment Diagram.

Page H-3.44
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Page H-3.45
City of Menlo Park
Landscaping Assessment District
Engineer’s Report, FY 2023-24

Appendix A – Assessment Roll, FY 2023-24
Reference is hereby made to the Assessment Roll in and for the assessment proceedings on file in the office of the City Clerk of the City of Menlo Park, as the Assessment Roll is too voluminous to be bound with this Engineer's Report.

Page H-3.46
Administrative Services
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-120-CC
Consent Calendar: Authorize the city manager to enter into a professional services agreement for audit services
Recommendation
Staff recommends City Council authorize the city manager to enter into a professional services agreement with the Pun Group, LLP, for audit services.

Policy Issues
The fiscal year 2022-23 award authority and bid requirements requires professional service agreements in excess of the city manager’s threshold of $86,000 receive approval from City Council (Policy CC-21-024).

Also, the Award Authority and Bid Requirement Policy (Policy CC-19-001) indicates the mechanism to follow when procuring given dollar amounts.

Background
The City is required to issue audited financial statements by independent auditors on an annual basis.

Management is responsible for preparing the annual financial statements, which are subsequently audited by an independent auditor. The City contracted with the firm Lance, Soll & Lunghard, LLP (“LSL,” Certified Public Accountants) in 2019 to provide these services over a three-year engagement.

It is a best practice to update professional services agreements every five years to ensure the City remains competitive in the use of public funds. Staff published the attached request for proposal (RFP) (Attachment B) outlining the City’s scope of service, requirements, selection process, and request for the firm’s compensation schedule. In addition, the professional service agreement (PSA) template was provided. The RFP was published through the City’s PlanetBids portal. Several of the firms had follow-up questions and staff responded to these questions through the portal. The City received timely proposals from the following three firms:
• The Pun Group, LLP
• SingerLewak
• Badawi & Associates
The City’s current auditor, LSL, did not submit a proposal.

Analysis
Staff evaluated the proposals based on the firm’s qualifications, years of experience, size, client list, and fee schedule. After evaluating and ranking each firm’s proposal, staff invited Badawi & Associates and the Pun Group for interviews. Upon invitation to interview, Badawi & Associates withdrew their application citing a lack of capacity due to newly-awarded contracts. Staff proceeded with an interview with the Pun Group, AGENDA ITEM H-4 Page H-4.1
Staff Report #: 23-120-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov which presented a thoughtful and comprehensive approach to delivering these services. Between the experience of the firm’s engagement team and utilization of current information technology tools, staff is confident in the Pun Group’s ability to meet the City’s audit needs.

The Pun Group is well equipped to provide audit services to the City. Therefore, staff is seeking authority to enter into a three-year agreement with two options to extend the agreement for one year at a time for a total maximum term of five years.

Impact on City Resources
Financial audit services to the City are budgeted annually in its non-departmental category of the General Fund. The fee schedule is included in the proposed agreement (Attachment A), totaling $177,727 over the three-year agreement.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Agreement with the Pun Group, LLP
B. RFP – audit services (published March 16)
Report prepared by:

Ying Chen, Senior Accountant
Reviewed by:

Marvin Davis, Interim Finance Director
Brittany Mello, Administrative Services Director
Page H-4.2
1 CC Rev 20210301

PROFESSIONAL SERVICES AGREEMENT
City Manager’s Office
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620
Agreement #:

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND THE PUN GROUP, LLP
THIS AGREEMENT made and entered into at Menlo Park, California, this _____________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as "CITY," and THE PUN GROUP, LLP, hereinafter referred to as “FIRST PARTY.” WITNESSETH:

WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called: Request for proposal dated March 16 WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND CONDITIONS of each of the parties hereto, it is hereby agreed as follows:

1. SCOPE OF WORK
In consideration of the payment by CITY to FIRST PARTY, as hereinafter provided, FIRST PARTY agrees to perform all the services as set forth in Exhibit "A," Scope of Services.

2. SCHEDULE FOR WORK
FIRST PARTY's proposed schedule for the various services required pursuant to this agreement will be as set forth in Exhibit "A," Scope of Services. CITY will be kept informed as to the progress of work by written reports, to be submitted monthly or as otherwise required in Exhibit "A.” Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other, or the other's employees and agents.

FIRST PARTY shall commence work immediately upon receipt of a "Notice to Proceed" from CITY.

The "Notice to Proceed" date shall be considered the "effective date" of the agreement, as used herein, except as otherwise specifically defined. FIRST PARTY shall complete all the work and deliver to CITY all project related files, records, and materials within one month after completion of all of FIRST PARTY's activities required under this agreement.

3. PROSECUTION OF WORK
FIRST PARTY will employ a sufficient staff to prosecute the work diligently and continuously and will complete the work in accordance with the schedule of work approved by the CITY. (See Exhibit "A," Scope of Services).

ATTACHMENT A Page H-4.3
2 CC Rev 20210301

4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $ as described in Exhibit "A," Scope of Services. All payments shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

B. FIRST PARTY's fee for the services as set forth herein shall be considered as full compensation for all indirect and direct personnel, materials, supplies and equipment, and services incurred by FIRST PARTY and used in carrying out or completing the work.

C. Payments shall be monthly for the invoice amount or such other amount as approved by CITY. As each payment is due, the FIRST PARTY shall submit a statement describing the services performed to CITY.

This statement shall include, at a minimum, the project title, agreement number, the title(s) of personnel performing work, hours spent, payment rate, and a listing of all reimbursable costs. CITY shall have the discretion to approve the invoice and the work completed statement. Payment shall be for the invoice amount or such other amount as approved by CITY.

D. Payments are due upon receipt of written invoices. CITY shall have the right to receive, upon request, documentation substantiating charges billed to CITY. CITY shall have the right to perform an audit of the FIRST PARTY's relevant records pertaining to the charges.

5. EQUAL EMPLOYMENT OPPORTUNITY
A. FIRST PARTY, with regard to the work performed by it under this agreement shall not discriminate on the grounds of race, religion, color, national origin, sex, handicap, marital status or age in the retention of sub-consultants, including procurement of materials and leases of equipment.

B. FIRST PARTY shall take affirmative action to insure that employees and applicants for employment are treated without regard to their race, color, religion, sex, national origin, marital status or handicap.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training including apprenticeship.

C. FIRST PARTY shall post in prominent places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

D. FIRST PARTY shall state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, marital status or handicap.

E. FIRST PARTY shall comply with Title VI of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section.

F. FIRST PARTY shall incorporate the foregoing requirements of this section in FIRST PARTY’s agreement with all sub-consultants.

6. ASSIGNMENT OF AGREEMENT AND TRANSFER OF INTEREST
A. FIRST PARTY shall not assign this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto, provided, however, that claims for money due or to become due to the FIRST PARTY from the CITY under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of an intended assignment or transfer shall be furnished promptly to the CITY.

B. In the event there is a change of more than 30 percent of the stock ownership or ownership in FIRST PARTY from the date of this agreement is executed, then CITY shall be notified before the date of said change of stock ownership or interest and CITY shall have the right, in event of such change in stock ownership or interest, to terminate this agreement upon notice to FIRST PARTY. In the event CITY is not notified of any such change in stock ownership or interest, then upon knowledge of same, it shall be deemed that CITY has terminated this agreement.

Page H-4.4
3 CC Rev 20210301

7. INDEPENDENT WORK CONTROL
It is expressly agreed that in the performance of the service necessary for compliance with this agreement, FIRST PARTY shall be and is an independent contractor and is not an agent or employee of CITY. FIRST PARTY has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, compensation and discharge of all persons assisting FIRST PARTY in the performance of FIRST PARTY's services hereunder. FIRST PARTY shall be solely responsible for its own acts and those of its subordinates and employees.

8. CONSULTANT QUALIFICATIONS
It is expressly understood that FIRST PARTY is licensed and skilled in the professional calling necessary to perform the work agreed to be done by it under this agreement and CITY relies upon the skill of FIRST PARTY to do and perform said work in a skillful manner usual to the profession. The acceptance of FIRST PARTY's work by CITY does not operate as a release of FIRST PARTY from said understanding.

9. NOTICES
All notices hereby required under this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid or by overnight courier service. Notices required to be given to CITY shall be addressed as follows:

Brittany Mello
Administrative Services Department
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-6675
[email protected]
Notices required to be given to FIRST PARTY shall be addressed as follows:

The Pun Group, LLP
2121 North California Blvd, Suite 290
Walnut Creek, CA 94596
949-777-8801
Email: [email protected]
Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

10. HOLD HARMLESS
The FIRST PARTY shall defend, indemnify and hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants from all claims, suits or actions that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the FIRST PARTY brought for, or on account of, injuries to or death of any person or damage to property resulting from the performance of any work required by this agreement by FIRST PARTY, its officers, agents, employees and servants.

Nothing herein shall be construed to require the FIRST PARTY to defend, indemnify or hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants against any responsibility to liability in contravention of Section 2782.8 of the California Civil Code.

Page H-4.5
4 CC Rev 20210301

11. INSURANCE
A. FIRST PARTY shall not commence work under this agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City, with certificates of insurance evidencing the required coverage.

B. There shall be a contractual liability endorsement extending the FIRST PARTY's coverage to include the contractual liability assumed by the FIRST PARTY pursuant to this agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the CITY, at the address shown in Section 9, of any pending cancellation of the policy. FIRST PARTY shall notify CITY of any pending change to the policy. All certificates shall be filed with the City.

1. Workers' compensation and employer's liability insurance:

The FIRST PARTY shall have in effect during the entire life of this agreement workers' compensation and Employer's Liability Insurance providing full statutory coverage. In signing this agreement, the FIRST PARTY makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this agreement" (not required if the FIRST PARTY is a Sole Proprietor).

2. Liability insurance:

The FIRST PARTY shall take out and maintain during the life of this agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the FIRST PARTY's operations under this agreement, whether such operations be by FIRST PARTY or by any sub-consultant or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate, or one million dollars ($1,000,000) combined single limit bodily injury and property damage for each occurrence. FIRST PARTY shall provide the CITY with acceptable evidence of coverage, including a copy of all declarations of coverage exclusions. FIRST PARTY shall maintain Automobile Liability Insurance pursuant to this agreement in an amount of not less than one million dollars ($1,000,000) for each accident combined single limit or not less than one million dollars ($1,000,000) for any one (1) person, and one million dollars ($1,000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ($300,000) property damage.

3. Professional liability insurance:

FIRST PARTY shall maintain a policy of professional liability insurance, protecting it against claims arising out of the negligent acts, errors, or omissions of FIRST PARTY pursuant to this agreement, in the amount of not less than one million dollars ($1,000,000) per claim and in the aggregate. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

C. CITY and its subsidiary agencies, and their officers, agents, employees and servants shall be named as additional insured on any such policies of Commercial General Liability and Automobile Liability Insurance, (but not for the Professional Liability and workers' compensation), which shall also contain a provision that the insurance afforded thereby to the CITY, its subsidiary agencies, and their officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy, and that if the CITY, its subsidiary agencies and their officers and employees have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, CITY, at its option, may, notwithstanding any other provision of this agreement to the contrary, immediately declare a material breach of this agreement and suspend all further work pursuant to this agreement.

E. Before the execution of this agreement, any deductibles or self-insured retentions must be declared to and approved by CITY.

Page H-4.6
5 CC Rev 20210301

12. PAYMENT OF PERMITS/LICENSES
Contractor shall obtain any license, permit, or approval if necessary from any agency whatsoever for the work/services to be performed, at his/her own expense, before commencement of said work/services or forfeit any right to compensation under this agreement.

13. RESPONSIBILITY AND LIABILITY FOR SUB-CONSULTANTS AND/OR SUBCONTRACTORS Approval of or by CITY shall not constitute nor be deemed a release of responsibility and liability of FIRST PARTY or its sub-consultants and/or subcontractors for the accuracy and competency of the designs, working drawings, specifications or other documents and work, nor shall its approval be deemed to be an assumption of such responsibility by CITY for any defect in the designs, working drawings, specifications or other documents prepared by FIRST PARTY or its sub-consultants and/or subcontractors.

14. OWNERSHIP OF WORK PRODUCT
Work products of FIRST PARTY for this project, which are delivered under this agreement or which are developed, produced and paid for under this agreement, shall become the property of CITY. The reuse of FIRST PARTY’s work products by City for purposes other than intended by this agreement shall be at no risk to FIRST PARTY.

15. REPRESENTATION OF WORK
Any and all representations of FIRST PARTY, in connection with the work performed or the information supplied, shall not apply to any other project or site, except the project described in Exhibit "A" or as otherwise specified in Exhibit "A."

16. TERMINATION OF AGREEMENT
A. CITY may give thirty (30) days written notice to FIRST PARTY, terminating this agreement in whole or in part at any time, either for CITY's convenience or because of the failure of FIRST PARTY to fulfill its contractual obligations or because of FIRST PARTY's change of its assigned personnel on the project without prior CITY approval. Upon receipt of such notice, FIRST PARTY shall:

1. Immediately discontinue all services affected (unless the notice directs otherwise); and

2. Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated or produced by FIRST PARTY in performing work under this agreement, whether completed or in process.

B. If termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of FIRST PARTY to fulfill its agreement, CITY may take over the work and prosecute the same to completion by agreement or otherwise. In such case, FIRST PARTY shall be liable to CITY for any reasonable additional cost occasioned to the CITY thereby.

D. If, after notice of termination for failure to fulfill agreement obligations, it is determined that FIRST PARTY had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this Section.

E. The rights and remedies of the CITY provided in this Section are in addition to any other rights and remedies provided by law or under this agreement.

F. Subject to the foregoing provisions, the CITY shall pay FIRST PARTY for services performed and expenses incurred through the termination date.

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17. INSPECTION OF WORK
It is FIRST PARTY's obligation to make the work product available for CITY's inspections and periodic reviews upon request by CITY.

18. COMPLIANCE WITH LAWS
It shall be the responsibility of FIRST PARTY to comply with all State and Federal Laws applicable to the work and services provided pursuant to this agreement, including but not limited to compliance with prevailing wage laws, if applicable.

19. BREACH OF AGREEMENT
A. This agreement is governed by applicable federal and state statutes and regulations. Any material deviation by FIRST PARTY for any reason from the requirements thereof, or from any other provision of this agreement, shall constitute a breach of this agreement and may be cause for termination at the election of the CITY.

B. The CITY reserves the right to waive any and all breaches of this agreement, and any such waiver shall not be deemed a waiver of any previous or subsequent breaches. In the event the CITY chooses to waive a particular breach of this agreement, it may condition same on payment by FIRST PARTY of actual damages occasioned by such breach of agreement.

20. SEVERABILITY
The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

21. CAPTIONS
The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this agreement.

22. LITIGATION OR ARBITRATION
In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

23. RETENTION OF RECORDS
Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed, and shall be subject to the examination and /or audit of the City, a federal agency, and the state of California.

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of June 1, 2023 through June 1, 2026 unless extended, amended, or terminated in writing by CITY.

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25. ENTIRE AGREEMENT
This document constitutes the sole agreement of the parties hereto relating to said project and states the rights, duties, and obligations of each party as of the document's date. Any prior agreement, promises, negotiations, or representations between parties not expressly stated in this document are not binding.

All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties to this agreement.

26. STATEMENT OF ECONOMIC INTEREST
Consultants, as defined by Section 18701 of the Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations, are required to file a Statement of Economic Interests with 30 days of approval of a contract services agreement with the City of its subdivisions, on an annual basis thereafter during the term of the contract, and within 30 days of completion of the contract.

Based upon review of the Consultant’s Scope of Work and determination by the City Manager, it is determined that Consultant IS NOT required to file a Statement of Economic Interest. A statement of Economic Interest shall be filed with the City Clerk’s office no later than 30 days after the execution of the agreement.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

FOR FIRST PARTY:

Signature Date
Printed name Title
Tax ID#
APPROVED AS TO FORM:

Nira F. Doherty, City Attorney Date
FOR CITY OF MENLO PARK:

Justin I.C. Murphy, City Manager Date
ATTEST:

Judi A. Herren, City Clerk Date
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EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Administrative Services Department. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

Provide general consultant services for projects as determined by the CITY. The detailed scope of work for each task the CITY assigns the consultant shall be referred to as Exhibit A -1, which will become part of this agreement. A notice to proceed will be issued separately for each separate scope of work agreed to between the CITY and FIRST PARTY.

FIRST PARTY agrees to perform these services as directed by the CITY in accordance with the standards of its profession and CITY’s satisfaction.

A2.COMPENSATION
CITY hereby agrees to pay FIRST PARTY at the rates to be negotiated between FIRST PARTY and CITY as detailed in Exhibit A-1. The actual charges shall be based upon (a) FIRST PARTY’s standard hourly rate for various classifications of personnel; (b) all fees, salaries and expenses to be paid to engineers, consultants, independent contractors, or agents employed by FIRST PARTY; and shall (c) include reimbursement for mileage, courier and plan reproduction. The total fee for each separate Scope of Work agreed to between the CITY and FIRST PARTY shall not exceed the amount shown in Exhibit A-1.

FIRST PARTY shall be paid within thirty (30) days after approval of billing for work completed and approved by the CITY. Invoices shall be submitted containing all information contained in Section A5 below. In no event shall FIRST PARTY be entitled to compensation for extra work unless an approved change order, or other written authorization describing the extra work and payment terms, has been executed by CITY before the commencement of the work.

A3.SCHEDULE OF WORK
FIRST PARTY’S proposed schedule for the various services required will be set forth in Exhibit A-1.

A4.CHANGES IN WORK -- EXTRA WORK
In addition to services described in Section A1, the parties may from time to time agree in writing that FIRST PARTY, for additional compensation, shall perform additional services including but not limited to:
• Change in the services because of changes in scope of the work. • Additional tasks not specified herein as required by the CITY.

The CITY and FIRST PARTY shall agree in writing to any changes in compensation and/or changes in FIRST PARTY’s services before the commencement of any work. If FIRST PARTY deems work he/she has been directed to perform is beyond the scope of this agreement and constitutes extra work, FIRST PARTY shall immediately inform the CITY in writing of the fact. The CITY shall make a determination as to whether such work is in fact beyond the scope of this agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide compensation to the FIRST PARTY in accordance with an agreed cost that is fair and equitable. This cost will be mutually agreed upon by the CITY and FIRST PARTY. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the FIRST PARTY. Such supplemental agreement shall be executed by the FIRST PARTY and may be approved by the City Manager upon recommendation of the Administrative Services Director.

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A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

The expenses of any office, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by FIRST PARTY in the performances of this agreement shall be incurred at the FIRST PARTY’s discretion. Such expenses shall be FIRST PARTY’s sole financial responsibility.

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EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

B2.0 Mediation
B2.1 The parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. After a written demand for non-binding mediation, which shall specify in detail the facts of the dispute, and within ten (10) days from the date of delivery of the demand, the matter shall be submitted to a mutually agreeable mediator. The Mediator shall hear the matter and provide an informal opinion and advice, none of which shall be binding upon the parties, but is expected by the parties to help resolve the dispute. Said informal opinion and advice shall be submitted to the parties within twenty (20) days following written demand for mediation. The Mediator’s fee shall be shared equally by the parties. If the dispute has not been resolved, the matter shall be submitted to arbitration in accordance with Paragraph B3.1.

B3.0 Arbitration
B3.1 Any dispute between the parties that is to be resolved by arbitration as provided in Paragraph B2.1 shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held before three arbitrators who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of the arbitrators within fifteen (15) days, then such arbitrator(s) shall be appointed by the presiding Judge of the court of jurisdiction of the agreement.

B3.2 The provisions of the Construction Industry Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration, subject, however to the following:

B3.3 Any demand for arbitration shall be writing and must be made within a reasonable time after the claim, dispute or other matter in question as arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute or other matter would be barred by the applicable statute of limitations.

B3.4 The arbitrator or arbitrators appointed must be former or retired judges, or attorneys at law with last ten (10) years’ experience in construction litigation.

B3.5 All proceedings involving the parties shall be reported by a certified shorthand court reporter, and written transcripts of the proceedings shall be prepared and made available to the parties.

B3.6 The arbitrator or arbitrators must be made within and provide to the parties factual findings and the reasons on which the decisions of the arbitrator or arbitrators is based.

B3.7 Final decision by the arbitrator or arbitrators must be made within ninety (90) days from the date of the arbitration proceedings are initiated.

B3.8 The prevailing party shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.9 Costs and fees of the arbitrator or arbitrators shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.10 The award or decision of the arbitrator or arbitrators, which may include equitable relief, shall be final, and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter.

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CD rev 20221028

AUDIT SERVICES

PROFESSIONAL SERVICES AGREEMENT

EXHIBIT A
Scope of services
Professional audit services shall include, but are not necessarily limited to, the following described below.

The City of Menlo Park desires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles. The audit shall include an examination of all City funds by certified public accountants duly authorized to practice as such by the State of California. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board, as mandated by generally accepted auditing standards.

The auditor shall review and verify all trial balance worksheets and summary schedules including balance sheets, revenues, expenditures, and changes in fund balance for each City fund. The data source for the schedules will be the financial statements supplied by the City. An initial draft of the Annual Comprehensive Financial Report (ACFR) will be prepared by City staff and will be given to the auditors during the final stage of the audit. Final report preparation and necessary editing shall be the responsibility of the auditor.

The auditor shall submit for management review a draft of all reports. The final reports are subject to review by the City Council. The auditor shall incorporate, as part of the basic proposal, meeting time with staff and City Council for the purpose of discussing the audits or management letter and its conclusions.

Reports to be issued
• Annual Comprehensive Financial Report, including a web-ready ACFR PDF to be issued on the fair presentation of the financial statements in conformity with generally accepted accounting principles. • Single Audit Report which includes a City prepared Schedule of Expenditures of Federal Awards • A report on the compliance with the Propositions 4 and 111 appropriations limit increment (Gann Limit calculation). • A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles and the format required by the Area Agency on Aging with the County of San Mateo for the Senior Program.
• Management and SAS 114 Letters, which includes findings, statements, observations, opinion, comments or recommendations, related to:
• Systems of internal control based upon the auditors’ understanding of the control structure and assessment of control risk.
• Compliance with applicable laws and regulations.
• Accounting systems, functions, procedures and processes, especially regarding cost effectiveness.

In the required reports on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure that could adversely affect the organization’s ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the auditor shall be reported in a separate letter to management, which shall be referred to in the report on internal controls.

This scope of work is a general guide to the work the city expects to be performed and is not a complete listing of all services that may be required or desired.

EXHIBIT A Page H-4.13
2 CD rev 20221028
Compensation
Hourly rates for additional professional services billed at the following rates:
• Partners: $300
• Directors: $250
• Senior managers: $225
• Managers: $200
• Supervisors: $175
• Senior accountants: $150
• Staff accountants: $125
• Clerical: $100
Page H-4.14
AS rev 20230316
RFP – PROFESSIONAL AUDIT SERVICES
Rani Singh
Finance and Budget Manager
[email protected]
Purpose
The City of Menlo Park seeks proposals for the preparation of both financial and compliance audit reports covering the City and its related operations from qualified firms of certified public accountants.

Background
The City of Menlo Park is a city of beautiful, tree-lined neighborhoods and active commercial districts. Located conveniently between the major metropolitan areas of San Francisco and San Jose, Menlo Park is home to approximately 36,000 residents in its 19 square miles. Menlo Park’s residents reflect a range of backgrounds and interests who tend to be actively engaged in community life. Known worldwide as the “Capital of Venture Capital,” Menlo Park is well situated to benefit from and help shape new technologies and markets originating from the Silicon Valley. The city hosts such major employers as Facebook, SRI International, Intersect ENT, Grail and Pacific Biosciences of California. Menlo Park, like many communities, is one in which disparities exist. The city is committed to acknowledging those disparities, as well as the history that produced them, and improving the quality of life of all residents.

Mission statement
“It is the mission of the city government to ensure that Menlo Park is a desirable and vibrant community in which to live and do business and to respond to the values and priorities of the residents so as to provide for the community’s current and future needs.”
Organizational structure
The City of Menlo Park is a full-service general law city. A five-member City Council, elected by district, serves as the governing body of the city. The City Council appoints a city manager to serve as the chief executive officer of the city and is responsible for its day-to-day operations. The City Council also appoints the city attorney. Fire services in Menlo Park and surrounding communities are delivered by the Menlo Park Fire Protection District, an independent special district.

The City’s fiscal year begins July 1 and ends June 30. For fiscal year 2022-23, the City of Menlo Park has a total adopted budget of approximately $123.6 million for all funds of which the General Fund makes up approximately $80.4 million of that total. While City operations generate revenue from various public services, such as licensing, permitting and building activity, the three primary sources of revenue for the General Fund are sales tax, property tax and transient occupancy tax. View the city website at menlopark.gov/finance for the most recent city operating and capital improvement program budget and the annual comprehensive financial report (ACFR).

RFP schedule
Listed below are the events and target dates. The City reserves the right to change these events and dates at any time.

RFP issued March 16, 2023
Deadline for questions/clarifications 5 p.m., April 7, 2023 Proposals due 5 p.m., April 14, 2023
Finalist notified May 1, 2023
Contract awarded May 9, 2023
Scope of services
The City seeks qualified firms to provide professional audit services. Services shall include, but are not necessarily limited to, the following described below.

The City of Menlo Park desires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles. The audit shall include an examination of all City funds by certified public accountants duly authorized to practice as such by the State of California. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board, as mandated by generally accepted auditing standards.

The auditor shall review and verify all trial balance worksheets and summary schedules including balance sheets, revenues, expenditures, and changes in fund balance for each City fund. The data source for the schedules will be the financial statements supplied by the City. An initial draft of the ACFR will be prepared by City staff and will be given to the auditors during the final stage of the audit. Final report preparation and necessary editing shall be the responsibility ATTACHMENT B Page H-4.15
2 AS rev 20230316
of the auditor.

The auditor shall submit for management review a draft of all reports. The final reports are subject to review by the City Council. The auditor shall incorporate, as part of the basic proposal, meeting time with staff and City Council for the purpose of discussing the audits or management letter and its conclusions.

Reports to be issued
 Annual Comprehensive Financial Report, including a web-ready ACFR PDF to be issued on the fair presentation of the financial statements in conformity with generally accepted accounting principles.  Single Audit Report which includes a City prepared Schedule of Expenditures of Federal Awards  A report on the compliance with the Propositions 4 and 111 appropriations limit increment (Gann Limit calculation).  A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles and the format required by the Area Agency on Aging with the County of San Mateo for the Senior Program.
 Management and SAS 114 Letters, which includes findings, statements, observations, opinion, comments or recommendations, related to:
- Systems of internal control based upon the auditors’ understanding of the control structure and assessment of control risk.
- Compliance with applicable laws and regulations.
- Accounting systems, functions, procedures and processes, especially regarding cost effectiveness.

In the required reports on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure that could adversely affect the organization’s ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the auditor shall be reported in a separate letter to management, which shall be referred to in the report on internal controls.

This scope of work is a general guide to the work the city expects to be performed and is not a complete listing of all services that may be required or desired.

General requirements
The city reserves the right to reject any or all responses, to waive any informality in any responses, and to select the consulting firm that best meets the city’s needs.

Responses must be submitted no later than the date and time stated in this request for proposals.

Responses shall be reviewed and rated as set forth in the selection process section of this request for proposals. The City will then determine which consulting firm best meets the city requirements.

The City reserves the right to negotiate final pricing with the most qualified consulting firm.

Upon award of the contract, it is expected that the successful proposer will accept the agreement terms and conditions “as is” without modification. Any contract modifications are to be stated upfront, at the time of submittal.

The proposer shall furnish the City with such additional information as the City may reasonably require.

All data, documents and other products used or developed during performance of the services will remain the property of the city.

Submittal requirements
All proposals must be submitted according to the specifications in the section above. Failure to adhere to these specifications may be cause for rejection of the proposal. Proposals shall be submitted electronically through the city bid portal at menlopark.gov/RFP.

NOTE: Proposals must be received no later than 5 p.m., Friday, April 14, 2023. All proposals received after that time will not be considered. The proposer shall submit its proposal electronically in PDF format. No paper proposals will be accepted.

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The City requests that responses be organized in a logical format that is relevant to these services. The responses shall also be concise, excluding excessive or irrelevant material.

All proposals submitted to the city must contain the following minimum information:
a. A cover letter with contact information.
b. Company and General Information
 Company name and address.
 Letter of transmittal signed by an individual authorized to bind the respondent, stating that the respondent has read and will comply with all terms and conditions of the RFP.  General information about the primary contact who would be able to answer questions about the proposal.

Include name, title, telephone number and email address of the individual. c. Qualifications and Experience of the firm
 Describe your firm's history and organizational structure. Include the size of the firm, location of offices, years in business, organizational chart and name(s) of owner(s) and principal parties.  Identify partners, manager, and seniors who will be assigned to work on this project and the firm's office in which they are each located. Include brief summaries of their background (including if they hold a current CPA license) and experience in auditing cities, as well as their assigned responsibilities under the proposal.  What is your firm's experience in public sector accounting and auditing?  Comment on other areas that may make your firm different from your competitors. d. Questions/Response to Scope of Services
 Describe the audit approach and methodology to be used to perform the services. This may include a discussion of:
- Approach to selection of sample size;
- Use of specialized software;
- Analytical procedures;
- Approach to internal control structure;
- Approach to determining laws / regulations subject to audit test work; - Identification of any anticipated problems, or special assistance required from city staff; and the format of the report
e. Fees
 Provide your fees for the proposed service.
 Detail costs and hourly billing rates, as well as any proposed method of adjustment in the cost of services for subsequent years of the engagement, if applicable.
 Outline billing and payment expectations, including timing and method of payment.  Describe any remaining fees not already detailed above.  Present a specific "not to exceed" fixed fee, including associated fees (i.e., printing costs, attendance at meetings, travel) and all direct and indirect costs.
f. References
 Provide a list of the municipal agencies for which the respondent has provided audit services for the past three calendar years.
 Provide the following information for three client cities that are similar in size and scope to the project requested by this proposal:
 Name of Public Agency
 Name and title of contact person
 Telephone number and email address of contact person
 Brief description of the scope of the audit performed g. Implementation Schedule
 Include a work schedule and note key project milestones and timelines for deliverables. Identify any assumptions used in developing the schedule. Any assumptions regarding turnaround time for City Staff review should be clearly noted.
 Please note that auditor is responsible for identifying required review times for the City input and must account for printing and distribution within any timelines identified in this RFP Please also provide Information, if any, on topics of diversity, inclusion and equity, and how these topics factor into your firm’s work. This information could involve explaining how the firm addresses these topics both within the organization and/or in the community through trainings, hiring policies, community volunteering, etc.

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Selection process
The City will determine the process by which the proposals are reviewed. Proposed fee arrangements, experience, service delivery and other qualifications will all be important selection factors. The top-ranked firms/individual may be requested to be interviewed. Interviews will allow the designated firms or individuals an opportunity to answer any questions the City may have regarding their proposals. Participation in the interviews will be at no cost to the city. The City will make the final determination of the successful firm/individual.

The City reserves the rights and options to
 Reject any or all of the submittals
 Waive any of the provisions in the request for proposals  Issue subsequent requests for proposals
 Cancel the request for proposal process
 Waive any technical error in the responses it receives, and negotiate with any, all, or none of the respondents to the request for proposals in regard to statements or explanation of information that may reflect negatively on the consulting firm which the City may discover during the background process, i.e., disclosure of judgments or other findings against the firm or its personnel.

Communications and questions
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received no later than 5 p.m., Friday, April 7, 2023. Written questions may be submitted electronically through the city bid portal at menlopark.gov/RFP.

Responses from the City will be communicated in writing to all recipients of this RFP. All addenda shall become part of this RFP. The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City.

Compensation
All tasks within the enclosed Scope of Work shall be included within the proposal’s fee schedule and itemized according to required and optional tasks.

Proposals shall describe how the firm intends to bill for the services provided, special services subject to additional charges, and the rates that would be charged for those special services. If hourly billing rates would be charged and those rates would vary for different types of work, such as litigation, indicate what rates will be charged for each type of service. Proposals shall identify what charges the firm will impose for travel time.

Attachments
A. City’s standard professional services agreement
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Choose agreement type
City Manager’s Office
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620
Agreement #:

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF MENLO PARK AND FIRST PARTY
THIS AGREEMENT made and entered into at Menlo Park, California, this _____________________, by and between the CITY OF MENLO PARK, a Municipal Corporation, hereinafter referred to as "CITY," and FIRST PARTY, hereinafter referred to as “FIRST PARTY.” WITNESSETH:

WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called: click here to enter text WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND CONDITIONS of each of the parties hereto, it is hereby agreed as follows:

1. SCOPE OF WORK
In consideration of the payment by CITY to FIRST PARTY, as hereinafter provided, FIRST PARTY agrees to perform all the services as set forth in Exhibit "A," Scope of Services.

2. SCHEDULE FOR WORK
FIRST PARTY's proposed schedule for the various services required pursuant to this agreement will be as set forth in Exhibit "A," Scope of Services. CITY will be kept informed as to the progress of work by written reports, to be submitted monthly or as otherwise required in Exhibit "A.” Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other, or the other's employees and agents.

FIRST PARTY shall commence work immediately upon receipt of a "Notice to Proceed" from CITY.

The "Notice to Proceed" date shall be considered the "effective date" of the agreement, as used herein, except as otherwise specifically defined. FIRST PARTY shall complete all the work and deliver to CITY all project related files, records, and materials within one month after completion of all of FIRST PARTY's activities required under this agreement.

3. PROSECUTION OF WORK
FIRST PARTY will employ a sufficient staff to prosecute the work diligently and continuously and will complete the work in accordance with the schedule of work approved by the CITY. (See Exhibit "A," Scope of Services).

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4. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed $enter amount as described in Exhibit "A," Scope of Services. All payments shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY. The CITY reserves the right to withhold payment if the City determines that the quantity or quality of the work performed is unacceptable.

B. FIRST PARTY's fee for the services as set forth herein shall be considered as full compensation for all indirect and direct personnel, materials, supplies and equipment, and services incurred by FIRST PARTY and used in carrying out or completing the work.

C. Payments shall be monthly for the invoice amount or such other amount as approved by CITY. As each payment is due, the FIRST PARTY shall submit a statement describing the services performed to CITY.

This statement shall include, at a minimum, the project title, agreement number, the title(s) of personnel performing work, hours spent, payment rate, and a listing of all reimbursable costs. CITY shall have the discretion to approve the invoice and the work completed statement. Payment shall be for the invoice amount or such other amount as approved by CITY.

D. Payments are due upon receipt of written invoices. CITY shall have the right to receive, upon request, documentation substantiating charges billed to CITY. CITY shall have the right to perform an audit of the FIRST PARTY's relevant records pertaining to the charges.

5. EQUAL EMPLOYMENT OPPORTUNITY
A. FIRST PARTY, with regard to the work performed by it under this agreement shall not discriminate on the grounds of race, religion, color, national origin, sex, handicap, marital status or age in the retention of sub-consultants, including procurement of materials and leases of equipment.

B. FIRST PARTY shall take affirmative action to insure that employees and applicants for employment are treated without regard to their race, color, religion, sex, national origin, marital status or handicap.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training including apprenticeship.

C. FIRST PARTY shall post in prominent places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

D. FIRST PARTY shall state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, marital status or handicap.

E. FIRST PARTY shall comply with Title VI of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section.

F. FIRST PARTY shall incorporate the foregoing requirements of this section in FIRST PARTY’s agreement with all sub-consultants.

6. ASSIGNMENT OF AGREEMENT AND TRANSFER OF INTEREST
A. FIRST PARTY shall not assign this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto, provided, however, that claims for money due or to become due to the FIRST PARTY from the CITY under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of an intended assignment or transfer shall be furnished promptly to the CITY.

B. In the event there is a change of more than 30 percent of the stock ownership or ownership in FIRST PARTY from the date of this agreement is executed, then CITY shall be notified before the date of said change of stock ownership or interest and CITY shall have the right, in event of such change in stock ownership or interest, to terminate this agreement upon notice to FIRST PARTY. In the event CITY is not notified of any such change in stock ownership or interest, then upon knowledge of same, it shall be deemed that CITY has terminated this agreement.

Page H-4.20
3 CC Rev 20210301

7. INDEPENDENT WORK CONTROL
It is expressly agreed that in the performance of the service necessary for compliance with this agreement, FIRST PARTY shall be and is an independent contractor and is not an agent or employee of CITY. FIRST PARTY has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, compensation and discharge of all persons assisting FIRST PARTY in the performance of FIRST PARTY's services hereunder. FIRST PARTY shall be solely responsible for its own acts and those of its subordinates and employees.

8. CONSULTANT QUALIFICATIONS
It is expressly understood that FIRST PARTY is licensed and skilled in the professional calling necessary to perform the work agreed to be done by it under this agreement and CITY relies upon the skill of FIRST PARTY to do and perform said work in a skillful manner usual to the profession. The acceptance of FIRST PARTY's work by CITY does not operate as a release of FIRST PARTY from said understanding.

9. NOTICES
All notices hereby required under this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid or by overnight courier service. Notices required to be given to CITY shall be addressed as follows:

Department Head
Department
City of Menlo Park
701 Laurel St.

Menlo Park, CA 94025
650-330-xxxx
Email
Notices required to be given to FIRST PARTY shall be addressed as follows:

Name
Company
Address
City, State Zip
Phone
Email
Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.

10. HOLD HARMLESS
The FIRST PARTY shall defend, indemnify and hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants from all claims, suits or actions that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the FIRST PARTY brought for, or on account of, injuries to or death of any person or damage to property resulting from the performance of any work required by this agreement by FIRST PARTY, its officers, agents, employees and servants.

Nothing herein shall be construed to require the FIRST PARTY to defend, indemnify or hold harmless the CITY, its subsidiary agencies, their officers, agents, employees and servants against any responsibility to liability in contravention of Section 2782.8 of the California Civil Code.

Page H-4.21
4 CC Rev 20210301

11. INSURANCE
A. FIRST PARTY shall not commence work under this agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City, with certificates of insurance evidencing the required coverage.

B. There shall be a contractual liability endorsement extending the FIRST PARTY's coverage to include the contractual liability assumed by the FIRST PARTY pursuant to this agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the CITY, at the address shown in Section 9, of any pending cancellation of the policy. FIRST PARTY shall notify CITY of any pending change to the policy. All certificates shall be filed with the City.

1. Workers' compensation and employer's liability insurance:

The FIRST PARTY shall have in effect during the entire life of this agreement workers' compensation and Employer's Liability Insurance providing full statutory coverage. In signing this agreement, the FIRST PARTY makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this agreement" (not required if the FIRST PARTY is a Sole Proprietor).

2. Liability insurance:

The FIRST PARTY shall take out and maintain during the life of this agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the FIRST PARTY's operations under this agreement, whether such operations be by FIRST PARTY or by any sub-consultant or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate, or one million dollars ($1,000,000) combined single limit bodily injury and property damage for each occurrence. FIRST PARTY shall provide the CITY with acceptable evidence of coverage, including a copy of all declarations of coverage exclusions. FIRST PARTY shall maintain Automobile Liability Insurance pursuant to this agreement in an amount of not less than one million dollars ($1,000,000) for each accident combined single limit or not less than one million dollars ($1,000,000) for any one (1) person, and one million dollars ($1,000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ($300,000) property damage.

3. Professional liability insurance:

FIRST PARTY shall maintain a policy of professional liability insurance, protecting it against claims arising out of the negligent acts, errors, or omissions of FIRST PARTY pursuant to this agreement, in the amount of not less than one million dollars ($1,000,000) per claim and in the aggregate. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

C. CITY and its subsidiary agencies, and their officers, agents, employees and servants shall be named as additional insured on any such policies of Commercial General Liability and Automobile Liability Insurance, (but not for the Professional Liability and workers' compensation), which shall also contain a provision that the insurance afforded thereby to the CITY, its subsidiary agencies, and their officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy, and that if the CITY, its subsidiary agencies and their officers and employees have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, CITY, at its option, may, notwithstanding any other provision of this agreement to the contrary, immediately declare a material breach of this agreement and suspend all further work pursuant to this agreement.

E. Before the execution of this agreement, any deductibles or self-insured retentions must be declared to and approved by CITY.

Page H-4.22
5 CC Rev 20210301

12. PAYMENT OF PERMITS/LICENSES
Contractor shall obtain any license, permit, or approval if necessary from any agency whatsoever for the work/services to be performed, at his/her own expense, before commencement of said work/services or forfeit any right to compensation under this agreement.

13. RESPONSIBILITY AND LIABILITY FOR SUB-CONSULTANTS AND/OR SUBCONTRACTORS Approval of or by CITY shall not constitute nor be deemed a release of responsibility and liability of FIRST PARTY or its sub-consultants and/or subcontractors for the accuracy and competency of the designs, working drawings, specifications or other documents and work, nor shall its approval be deemed to be an assumption of such responsibility by CITY for any defect in the designs, working drawings, specifications or other documents prepared by FIRST PARTY or its sub-consultants and/or subcontractors.

14. OWNERSHIP OF WORK PRODUCT
Work products of FIRST PARTY for this project, which are delivered under this agreement or which are developed, produced and paid for under this agreement, shall become the property of CITY. The reuse of FIRST PARTY’s work products by City for purposes other than intended by this agreement shall be at no risk to FIRST PARTY.

15. REPRESENTATION OF WORK
Any and all representations of FIRST PARTY, in connection with the work performed or the information supplied, shall not apply to any other project or site, except the project described in Exhibit "A" or as otherwise specified in Exhibit "A."

16. TERMINATION OF AGREEMENT
A. CITY may give thirty (30) days written notice to FIRST PARTY, terminating this agreement in whole or in part at any time, either for CITY's convenience or because of the failure of FIRST PARTY to fulfill its contractual obligations or because of FIRST PARTY's change of its assigned personnel on the project without prior CITY approval. Upon receipt of such notice, FIRST PARTY shall:

1. Immediately discontinue all services affected (unless the notice directs otherwise); and

2. Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated or produced by FIRST PARTY in performing work under this agreement, whether completed or in process.

B. If termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of FIRST PARTY to fulfill its agreement, CITY may take over the work and prosecute the same to completion by agreement or otherwise. In such case, FIRST PARTY shall be liable to CITY for any reasonable additional cost occasioned to the CITY thereby.

D. If, after notice of termination for failure to fulfill agreement obligations, it is determined that FIRST PARTY had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this Section.

E. The rights and remedies of the CITY provided in this Section are in addition to any other rights and remedies provided by law or under this agreement.

F. Subject to the foregoing provisions, the CITY shall pay FIRST PARTY for services performed and expenses incurred through the termination date.

Page H-4.23
6 CC Rev 20210301

17. INSPECTION OF WORK
It is FIRST PARTY's obligation to make the work product available for CITY's inspections and periodic reviews upon request by CITY.

18. COMPLIANCE WITH LAWS
It shall be the responsibility of FIRST PARTY to comply with all State and Federal Laws applicable to the work and services provided pursuant to this agreement, including but not limited to compliance with prevailing wage laws, if applicable.

19. BREACH OF AGREEMENT
A. This agreement is governed by applicable federal and state statutes and regulations. Any material deviation by FIRST PARTY for any reason from the requirements thereof, or from any other provision of this agreement, shall constitute a breach of this agreement and may be cause for termination at the election of the CITY.

B. The CITY reserves the right to waive any and all breaches of this agreement, and any such waiver shall not be deemed a waiver of any previous or subsequent breaches. In the event the CITY chooses to waive a particular breach of this agreement, it may condition same on payment by FIRST PARTY of actual damages occasioned by such breach of agreement.

20. SEVERABILITY
The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

21. CAPTIONS
The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this agreement.

22. LITIGATION OR ARBITRATION
In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

23. RETENTION OF RECORDS
Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed, and shall be subject to the examination and /or audit of the City, a federal agency, and the state of California.

24. TERM OF AGREEMENT
This agreement shall remain in effect for the period of Select start date through Select end date unless extended, amended, or terminated in writing by CITY.

Page H-4.24
7 CC Rev 20210301

25. ENTIRE AGREEMENT
This document constitutes the sole agreement of the parties hereto relating to said project and states the rights, duties, and obligations of each party as of the document's date. Any prior agreement, promises, negotiations, or representations between parties not expressly stated in this document are not binding.

All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties to this agreement.

26. STATEMENT OF ECONOMIC INTEREST
Consultants, as defined by Section 18701 of the Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations, are required to file a Statement of Economic Interests with 30 days of approval of a contract services agreement with the City of its subdivisions, on an annual basis thereafter during the term of the contract, and within 30 days of completion of the contract.

Based upon review of the Consultant’s Scope of Work and determination by the City Manager, it is determined that Consultant Choose an item required to file a Statement of Economic Interest. A statement of Economic Interest shall be filed with the City Clerk’s office no later than 30 days after the execution of the agreement.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

FOR FIRST PARTY:

Signature Date
Printed name Title
Tax ID#
APPROVED AS TO FORM:

Nira F. Doherty, City Attorney Date
FOR CITY OF MENLO PARK:

Signature Authority, Title Date
ATTEST:

Judi A. Herren, City Clerk Date
Page H-4.25
8 CC Rev 20210301
EXHIBIT “A” – SCOPE OF SERVICES
A1.SCOPE OF WORK
FIRST PARTY agrees to provide consultant services for CITY’s Department. In the event of any discrepancy between any of the terms of the FIRST PARTY’s proposal and those of this agreement, the version most favorable to the CITY shall prevail. FIRST PARTY shall provide the following services:

Provide general consultant services for projects as determined by the CITY. The detailed scope of work for each task the CITY assigns the consultant shall be referred to as Exhibit A -1, which will become part of this agreement. A notice to proceed will be issued separately for each separate scope of work agreed to between the CITY and FIRST PARTY.

FIRST PARTY agrees to perform these services as directed by the CITY in accordance with the standards of its profession and CITY’s satisfaction.

A2.COMPENSATION
CITY hereby agrees to pay FIRST PARTY at the rates to be negotiated between FIRST PARTY and CITY as detailed in Exhibit A-1. The actual charges shall be based upon (a) FIRST PARTY’s standard hourly rate for various classifications of personnel; (b) all fees, salaries and expenses to be paid to engineers, consultants, independent contractors, or agents employed by FIRST PARTY; and shall (c) include reimbursement for mileage, courier and plan reproduction. The total fee for each separate Scope of Work agreed to between the CITY and FIRST PARTY shall not exceed the amount shown in Exhibit A-1.

FIRST PARTY shall be paid within thirty (30) days after approval of billing for work completed and approved by the CITY. Invoices shall be submitted containing all information contained in Section A5 below. In no event shall FIRST PARTY be entitled to compensation for extra work unless an approved change order, or other written authorization describing the extra work and payment terms, has been executed by CITY before the commencement of the work.

A3.SCHEDULE OF WORK
FIRST PARTY’S proposed schedule for the various services required will be set forth in Exhibit A-1.

A4.CHANGES IN WORK -- EXTRA WORK
In addition to services described in Section A1, the parties may from time to time agree in writing that FIRST PARTY, for additional compensation, shall perform additional services including but not limited to:
• Change in the services because of changes in scope of the work. • Additional tasks not specified herein as required by the CITY.

The CITY and FIRST PARTY shall agree in writing to any changes in compensation and/or changes in FIRST PARTY’s services before the commencement of any work. If FIRST PARTY deems work he/she has been directed to perform is beyond the scope of this agreement and constitutes extra work, FIRST PARTY shall immediately inform the CITY in writing of the fact. The CITY shall make a determination as to whether such work is in fact beyond the scope of this agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide compensation to the FIRST PARTY in accordance with an agreed cost that is fair and equitable. This cost will be mutually agreed upon by the CITY and FIRST PARTY. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the FIRST PARTY. Such supplemental agreement shall be executed by the FIRST PARTY and may be approved by the City Manager upon recommendation of the Project Manager’s title.

Page H-4.26
9 CC Rev 20210301
A5.BILLINGS
FIRST PARTY’s bills shall include the following information: A brief description of services performed, project title and the agreement number; the date the services were performed; the number of hours spent and by whom; the current contract amount; the current invoice amount; Except as specifically authorized by CITY, FIRST PARTY shall not bill CITY for duplicate services performed by more than one person. In no event shall FIRST PARTY submit any billing for an amount in excess of the maximum amount of compensation provided in Section A2.

The expenses of any office, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by FIRST PARTY in the performances of this agreement shall be incurred at the FIRST PARTY’s discretion. Such expenses shall be FIRST PARTY’s sole financial responsibility.

Page H-4.27
10 CC Rev 20210301
EXHIBIT “B” - DISPUTE RESOLUTION
B1.0 All claims, disputes and other matters in question between the FIRST PARTY and CITY arising out of, or relating to, the contract documents or the breach thereof, shall be resolved as follows:

B2.0 Mediation
B2.1 The parties shall attempt in good faith first to mediate such dispute and use their best efforts to reach agreement on the matters in dispute. After a written demand for non-binding mediation, which shall specify in detail the facts of the dispute, and within ten (10) days from the date of delivery of the demand, the matter shall be submitted to a mutually agreeable mediator. The Mediator shall hear the matter and provide an informal opinion and advice, none of which shall be binding upon the parties, but is expected by the parties to help resolve the dispute. Said informal opinion and advice shall be submitted to the parties within twenty (20) days following written demand for mediation. The Mediator’s fee shall be shared equally by the parties. If the dispute has not been resolved, the matter shall be submitted to arbitration in accordance with Paragraph B3.1.

B3.0 Arbitration
B3.1 Any dispute between the parties that is to be resolved by arbitration as provided in Paragraph B2.1 shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held before three arbitrators who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of the arbitrators within fifteen (15) days, then such arbitrator(s) shall be appointed by the presiding Judge of the court of jurisdiction of the agreement.

B3.2 The provisions of the Construction Industry Arbitration Rules of the American Arbitration Association shall apply and govern such arbitration, subject, however to the following:

B3.3 Any demand for arbitration shall be writing and must be made within a reasonable time after the claim, dispute or other matter in question as arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute or other matter would be barred by the applicable statute of limitations.

B3.4 The arbitrator or arbitrators appointed must be former or retired judges, or attorneys at law with last ten (10) years’ experience in construction litigation.

B3.5 All proceedings involving the parties shall be reported by a certified shorthand court reporter, and written transcripts of the proceedings shall be prepared and made available to the parties.

B3.6 The arbitrator or arbitrators must be made within and provide to the parties factual findings and the reasons on which the decisions of the arbitrator or arbitrators is based.

B3.7 Final decision by the arbitrator or arbitrators must be made within ninety (90) days from the date of the arbitration proceedings are initiated.

B3.8 The prevailing party shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses, and other costs and expenses incurred in connection with the arbitration, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.9 Costs and fees of the arbitrator or arbitrators shall be borne by the non-prevailing party, unless the arbitrator or arbitrators for good cause determine otherwise.

B3.10 The award or decision of the arbitrator or arbitrators, which may include equitable relief, shall be final, and judgment may be entered on it in accordance with applicable law in any court having jurisdiction over the matter.

Page H-4.28
Public Works
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov

STAFF REPORT
City Council
Meeting Date: 5/23/2023
Staff Report Number: 23-121-CC
Consent Calendar: Adopt a resolution to support the 2023 Southeast San Mateo County Community Based
Transportation Plan
Recommendation
Staff recommends that the City Council adopt a resolution (Attachment A) to support the recommendations and responsibilities included in the 2023 Southeast San Mateo County Community Based Transportation Plan (CBTP).

Policy Issues
Supporting the CBTP is consistent with policies (e.g., CIRC-1.7, CIRC-2.1, CIRC-2.15) in the General Plan Circulation Element that seek to coordinate transportation planning efforts with appropriate neighboring jurisdictions to improve transportation options and to maintain a safe, efficient, attractive, user friendly circulation system that promotes a healthy, safe and active community and quality of life throughout Menlo Park.

Background
In 2001, the Metropolitan Transportation Commission (MTC) established the CBTP program to identify improvements to transportation mobility for residents in equity priority communities.

The City/County Association of Governments of San Mateo County (C/CAG), as the County’s Congestion Management Agency, developed the 2005 East Palo Alto CBTP (Attachment B). That plan included the City of East Palo Alto as the study area and recommended a list of projects and plans aimed to improve transportation mobility within the study area.

Since 2005, there have been significant changes in demographics, land use, and transportation mobility options within the Bay Area. In 2019, C/CAG began an update the 2005 CBTP.

Analysis
Based on demographic characteristics from the census, C/CAG expanded the 2005 East Palo Alto study area to include portions of the City of Menlo Park, the City of Redwood City, and the unincorporated area of North Fair Oaks. Attachment C illustrates the new study area. C/CAG renamed the Plan the 2023 Southeast San Mateo County CBTP to reflect this change.

Table 1 describes the tasks accomplished by the C/CAG team, including a shift in public outreach methodology due to the pandemic:

AGENDA ITEM H-5 Page H-5.1
Staff Report #: 23-121-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 1: 2023 CBTP planning scope
Task Deliverable
Established advisory group – provide oversight and
direction Meetings with agency and stakeholder staff
Conducted public outreach – community feedback on
transportation mobility needs and priorities
Awareness campaign, bilingual digital surveys1,
presentations at various community advisory bodies and
community events2
Reviewed agency plans – consistency with CBTP
project/plan recommendations
General plans, local transportation and land use related plans, and countywide plans and studies
Developed recommendations – improve future mobility Pedestrian, bicycle and micromobility, transit and paratransit, safety projects and plans
Developed evaluation methodology – prioritization
Prioritization criteria (reflects community priorities, increase access, financially feasible, ease of
implementation) and scoring system
Notes:

1. Menlo Park promoted the transportation survey through City’s newsletter (i.e., Weekly Digest) and social media platforms.

2. Menlo Park Complete Streets Commission received presentation from C/CAG team March 10, 2021.

In total, the 2023 CBTP (Attachment D) recommends 46 projects across all jurisdictions to close mobility gaps in the study area.

Table 2 summarizes the recommended projects in or around the City of Menlo Park. These projects are consistent with the City’s Transportation Master Plan and general plan policies and programs.

Page H-5.2
Staff Report #: 23-121-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Table 2: 2023 CBTP projects – located within the City of Menlo Park Category CBTP project TMP/GP consistency
Pedestrian
Perform safety audits and install intersection safety improvements such as signalization controls, pedestrian islands, flashing beacons, highvisibility crosswalks and/or physical traffic calming elements, at the following intersections:
• Marsh Road and Bay Road
• Willow Road and Newbridge Street
• Willow Road and Ivy Drive
• Willow Road and O’Brien Drive
TMP #s 39, 40, 41
Bicycle &
Micromobility
Upgrade the existing bike facility on Willow Road between Bayfront Expressway and Highway 101 to a Class IV separated bikeway TMP #37 Bicycle &
Micromobility
Design and develop a bicycle/pedestrian bridge over Highway 101 north of Marsh Road, with connections to Bay Trail and Bedwell Bayfront Park TMP #178 Bicycle &
Micromobility
Install Class II buffered bike lanes on Marsh Road from Bay Road to Scott Drive. TMP #14
Bicycle &
Micromobility
Improve access to electronic bikes via equity programs for both shared e-bikes and individually owned e-bikes.

TMP #167
GP Policy CIRC-3.3
Transit &
Paratransit
Implement transit-only lanes or transit signal priority infrastructure on Newbridge Street, Bay Road and University Avenue from Menlo Park to the Palo Alto Transit Station to improve Caltrain access by Menlo Park and East Palo Alto residents
TMP #36
GP Policy CIRC-3.3
Transit &
Paratransit
Audit ground and curb conditions at bus stops and paratransit boarding areas at the following facilities to identify uneven sidewalks, lack of red paint and other parking/vehicle deterrents and missing or Americans with Disabilities Act (ADA) noncompliant bus shelters:
• Menlo Park VA Medical Center
GP Policy CIRC-1.2
Transit &
Paratransit
Develop implementation strategies for equity mobility programs that encourage mode shift, such as the 2021 101 Express Lanes Community Benefits Program
GP Policy CIRC-2.14
GP Policy CIRC-5.1
Transit &
Paratransit
Decrease current 1+ hour headways of City of Menlo Park Belle Haven Shuttle by 25%.

GP Policy CIRC-5.1
Ongoing Menlo Park
Shuttle Evaluation
study
Safety
Assess queuing impacts to public streets during peak drop-of/pickup hours at:
• Belle Haven Elementary School
• TIDE Academy
TMP #198
GP Policy CIRC-1.9
Safety
Implement Safe Routes to School infrastructure, including traffic calming techniques such as lane narrowing, speed humps, bulb-outs, and rapid flashing beacons at:
• Belle Haven Elementary School
• TIDE Academy
TMP #198
GP Policy CIRC-1.9
Safety Improve bike and pedestrian infrastructure on Coleman Avenue and Ringwood Avenue
TMP #61
Ongoing San Mateo
County transportation
study
Next steps
Given the diverse recommendations from the plan, C/CAG recognizes that a successful implementation of the 2023 CBTP will require collaboration and coordination across local and regional jurisdictions. Adopting Page H-5.3
Staff Report #: 23-121-CC

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov the resolution (Attachment A) provides the following:
• Demonstrates City Council support of the plan recommendations to the C/CAG Board of Directors • Commits to continued collaboration with C/CAG and other agencies to seek funding to implement the projects and plans in the CBTP
• Commits to submit an annual CBTP tracking checklist (Attachment F) Because the plans and programs in the CBTP are consistent with the City’s Transportation Master Plan and other programs and policies, staff recommends adopting resolution of support for the 2023 Southeast San Mateo County CBTP (Attachment A). The C/CAG team anticipates C/CAG Board approval in early summer.

Impact on City Resources
Staff participation in this planning process is considered part of baseline operations. The identified projects are included in the Transportation Master Plan, making them eligible for funding from Transportation Impact Fees. Implementation of specific projects will depend on staff availability and, for those not already underway, will be considered in future City Council work plan prioritization efforts.

Environmental Review
The 2023 CBTP is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it will not result in any direct or indirect physical change in the environment. Future projects or plans identified in the CBTP will be subject to their own independent environmental review.

Public Notice
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.

Attachments
A. Resolution
B. Hyperlink – 2005 East Palo Alto CBTP:
https://mtc.ca.gov/sites/default/files/CBTP%20East%20Palo%20Alto%202004.pdf C. 2023 Southwest San Mateo County CBTP study area
D. Hyperlink – 2023 Southwest San Mateo County CBTP: ccag.ca.gov/wpcontent/uploads/2023/03/SoutheastSanMateo_CBTP_2-9-2023_FINAL_Optimized_FullAppendix.pdf E. 2023 CBTP project list – Menlo Park related
F. Annual tracking checklist
Report prepared by:

Kevin Chen, Senior Transportation Engineer
Report reviewed by:

Hugh Louch, Assistant Public Works Director – Transportation Page H-5.4
RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO PARK

SUPPORTING THE RECOMMENDATIONS AND RESPONSIBILITIES
INCLUDED IN THE 2023 SOUTHEAST SAN MATEO COUNTY COMMUNITY

BASED TRANSPORTATION PLAN
WHEREAS, the Metropolitan Transportation Commission (MTC) initiated the Community-Based Transportation Planning (CBTP) program in 2002 to enhance mobility for residents of Equity Priority Communities (EPC); and
WHEREAS, in 2019, the City/County Association of Governments of San Mateo County (C/CAG), as the County’s Congestion Management Agency, obtained funding through an MTC Community- Based Transportation Planning Grant to prepare an update to the 2005 East Palo Alto CBTP (now expanded and renamed as the 2023 Southeast San Mateo County CBTP); and WHEREAS, the City of Menlo Park is one of four jurisdictions included in the 2023 Southeast San Mateo County CBTP study area, in addition to the cities of Redwood City and East Palo Alto and the County of San Mateo; and
WHEREAS, the 2023 Southeast San Mateo County CBTP was led by the C/CAG in partnership with the project’s local Advisory Group, comprised of staff members of the cities of Menlo Park, Redwood City and East Palo Alto, San Mateo County, SamTrans, Commute.org, Peninsula Family Services, Silicon Valley Bicycle Coalition and other stakeholders; and WHEREAS, the 2023 Southeast San Mateo County CBTP project team implemented a bilingual community input process composed of electronic and traditional survey distribution; solicitation of feedback from the North Fair Oaks Community Council on February 25, 2021; East Palo Alto City Council on March 2, 2021; Redwood City Transportation Advisory Committee on March 9, 2021, and Menlo Park Complete Streets Commission on March 10, 2021; and hosting of inperson community outreach events at farmers’ markets and community centers; and WHEREAS, based on community input and technical expertise, the project team recommended one pedestrian project, four bicycle and micromobility projects, four transit and paratransit projects and three safety projects to close mobility gaps for residents of EPCs in the City of Menlo Park; and
WHEREAS, City of Menlo Park staff provided comments to the draft CBTP recommendations in August, 2022; and comments to the Administrative Draft CBTP in November, 2022; and WHEREAS, the City of Menlo Park supports the recommendations of the Plan as they relate to its jurisdiction and to pursuing future implementation of project recommendations for which the City of Menlo Park is identified as a Responsible Agency; and WHEREAS, the City of Menlo Park agrees to participate in the annual project tracking process outlined in the CBTP; and
Page H-5.5 ATTACHMENT A
Resolution No. XXXX