Menlo Park City Council
September 26, 2023

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

SPECIAL AND REGULAR MEETING AGENDA
Date: 9/26/2023
Time: 5:00 p.m.

Locations: Zoom.us/join – ID# 814 7839 7160 and
City Council Chambers
751 Laurel St., Menlo Park, CA 94025
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
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(669) 900-6833
Meeting ID 814 7839 7160
Press *9 to raise hand to speak
Watch meeting:
• 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)
Special and Regular Session
A. Call To Order
B. Roll Call
C. Report from Closed Session
D. Agenda Review
E. Public Comment
Under “Public Comment,” the public may address the City Council on any subject not listed on the agenda. Each speaker may address the City Council once under public comment for a limit of three minutes. You are not required to provide your name or City of residence, but it is helpful. The City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Agenda
September 26, 2023

City Council cannot act on items not listed on the agenda and, therefore, the City Council cannot respond to non-agenda issues brought up under public comment other than to provide general information.

F. Presentations and Proclamations
F1. Proclamation: Recovery Happens Month (Attachment)
Not a California Environmental Quality Act (CEQA) project.

F2. Proclamation: Suicide Prevention Month (Attachment) Not a CEQA project.

G. Study Session
G1. Review and provide direction on the proposed Stormwater Master Plan (Staff Report #23-218- CC) Not a CEQA project. (Presentation)
G2. Provide direction on a proposal to install Flock fixed automated license plate readers with gunshot detection capability citywide (Staff Report #23-215-CC) (Presentation) Not a CEQA project.

H. Consent Calendar
H1. Adopt resolution designating the public works director and assistant public works director as authorized agents to provide for all matters related to obtaining federal financial assistance from the California Governor’s Office of Emergency Services and Federal Emergency Management Agency (Staff Report #23-211-CC)
Not a CEQA project.

H2. Authorize the Mayor to sign the City’s response to the San Mateo County Civil Grand Jury Report:
“Bike Safety in San Mateo County: Making Bicycling Safer in the County” (Staff Report #23-212-CC)
Not a CEQA project.

H3. Award a construction contract to Bay Point Control, Inc. dba Marina Mechanical for the minimum point of entry and dispatch rooms heating, ventilation, and air conditioning upgrade project (Staff Report #23-213-CC)
Determine this action is categorically exempt under CEQA Guidelines §15301 exemption for existing facilities.

H4. Award purchase contracts to National Auto Fleet Group, Pape, and Coach West Luxury Performance Motorcars for the fiscal year 2023-24 vehicle and equipment purchase and allow $50,000 for contingency (Staff Report #23-217-CC)
Not a CEQA project.

H5. Approve advisory body annual work plans for the Complete Streets Commission, Environmental Quality Commission, Finance and Audit Commission, Housing Commission and Library Commission (Staff Report #23-223-CC)
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Agenda
September 26, 2023

Not a CEQA project.

H6. Authorize the city manager to execute a revised agreement with Tripepi Smith for communications support services (Staff Report #23-221-CC)
Not a CEQA project.

I. Public Hearing
I1. Consider and adopt resolutions approving 1) the below market rate housing agreements, and 2) a vesting tentative map for a major subdivision to create 116 for-sale townhome units for the 123 Independence Dr. housing development project, with a total of 432 dwelling units and 2,000 square feet of commercial space, located at 119 Independence Dr., 123-125 Independence Dr., 127 Independence Dr., 1205 Chrysler Dr., and 130 Constitution Dr. (commonly referred to as 123 Independence Dr.) (Staff Report #23-219-CC) (Presentation) Determine that the requested actions are consistent with the certified project-level environmental impact report prepared for the proposed project.

J. Regular Business
J1. Direct staff to return with funding agreements authorizing the grant of below market rate housing funds as follows: 1) $2,000,000 for Habitat for Humanity of Greater San Francisco, 2) $2,000,000 for MidPen Housing, Inc., and 3) $180,000 to Rebuilding Together Peninsula and to provide direction on a notice of funding availability application at 1162 El Camino Real (Staff Report #23-220-CC) (Presentation)
Not a CEQA project.

K. Informational Items
K1. City Council agenda topics: October 2023 (Staff Report #23-222-CC) Not a CEQA project.

L. City Council Initiated Items
L1. Direction on the mobile market (Staff Report #23-214-CC) Not a CEQA project.

M. City Council Reconsideration
M1. Direction on the reconsideration authorizing the city manager to execute an agreement with Team Sheeper, Inc., to operate Burgess Pool and the future Menlo Park Community Campus aquatics center specifically regarding Solo Aquatics services (Staff Report #23-216-CC) Not a CEQA project.

N. City Manager Report's
O. City Councilmember Reports

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov City Council Special and Regular Meeting Agenda
September 26, 2023

P. Closed Session
P1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION (Paragraph (2) of subdivision (d) of Gov. Code § 54956.9) Significant exposure to litigation: Three cases
Not a CEQA project.

P2. Closed session conference with labor negotiators pursuant to Government Code §54957.6 regarding labor negotiations with the American Federation of State, County, and Municipal Employees Local 829 (AFSCME) and Service Employees International Union Local 521 (SEIU) Agency designated representatives: City Manager Justin I.C. Murphy, Administrative Services Director Brittany Mello, Assistant City Manager Stephen Stolte, City Attorney Nira Doherty, Special Counsel Charles Sakai
Not a CEQA project.

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

At every special meeting of the City Council, members of the public have the right to directly address the City Council 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 City Council 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 City Council meetings, may call the City Clerk’s Office at 650-330-6620.

Agendas are posted in accordance with Cal. Gov. 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 agenda postings by subscribing at menlopark.gov/subscribe. Agendas and staff reports may also be obtained by contacting City Clerk at 650-330-6620. (Posted: 9/22/2023) AGENDA ITEM F-1
Recognizing September as
Recovery Happens Month
WHEREAS, the month of September 2023 is National Recovery Month; and WHEREAS, National Recovery Month spreads the positive message that behavioral health is essential to overall health; and
WHEREAS, treatment and prevention providers across the communities of San Mateo County have dedicated themselves to promoting recovery, saving lives, destigmatizing and educating the public about substance use and co-occurring disorders; and WHEREAS, every day, in Menlo Park, community members and neighbors of all ages enter treatment for substance use and mental health disorders and begin the road to wellness and recovery in a system that emphasizes behavioral health as an essential part of overall health; and
WHEREAS, San Mateo County continues to support Recovery Month’s mission to improve the lives of those living with these disorders, to celebrate individuals in recovery and to acknowledge those working to provide integrated recovery services; and WHEREAS, prevention works, treatment is effective, and recovery is possible; and WHEREAS, while the road to recovery may be difficult, the benefits of preventing and overcoming substance use and co-occurring disorders are significant and valuable to individuals, families, and communities. People can and do recover; and WHEREAS, Recovery Happens Month is supported and celebrated in Menlo Park and promotes the importance of prevention, treatment, and recovery. In this spirit, this year’s theme is: “Recovery is for Everyone: Every Person. Every Family. Every Community.” NOW, THEREFORE, BE IT RESOLVED that I, Jen Wolosin,
Mayor of the City of Menlo Park, on behalf of the City Council and the City, do hereby, hereby designate September 2023 as Recovery Happens Month. Let us remember there are multiple pathways to recovery and let us remember everyone’s journey results in their own unique experience of recovery.

Jen Wolosin, Mayor
September 26, 2023
Page F-1.1
AGENDA ITEM F-2
Recognizing September as
Suicide Prevention Month
WHEREAS, Menlo Park has joined the county, state, and country in honoring Suicide Prevention Month in September, which included National Suicide Prevention Week from September 10 – 16 and World Suicide Prevention Day on September 10, to spread the message that suicide can be prevented; and
WHEREAS, in 2022, 67 people died by suicide in San Mateo County and 13,525 calls were received by the San Mateo County Crisis Line run by StarVista Crisis Center; and WHEREAS, in July 2022, the StarVista Crisis Hotline received a 10% increase compared to July 2021, likely due to the debut of the 988 number on July 16 of that year; and WHEREAS, suicide is a preventable national and state public health problem with no single cause and suicide most often occurs when stressors exceed the coping abilities of someone struggling with a mental health condition; and
WHEREAS, no single suicide prevention program or effort is appropriate for all populations or communities and therefore we must also acknowledge and address the disparity in access to mental healthcare for underrepresented groups and advocate for ending these disparities by encouraging culturally informed and evidence-based mental healthcare and services; and
WHEREAS, residents can play a role in suicide prevention by supporting local Suicide Prevention Month every September and working within their communities to learn how to discuss suicide without increasing the risk of harm; and WHEREAS, Menlo Park residents are also urged to play a role in supporting each other and preventing suicide by knowing the signs of suicide, finding the words to communicate, and reaching out to local 24/7 resources, including our local San Mateo County StarVista Crisis Hotline (650-579-0350) or National Suicide Prevention Lifeline (988 or 1-800-273-TALK); and
NOW, THEREFORE, BE IT RESOLVED that I, Jen Wolosin,
Mayor of the City of Menlo Park, on behalf of the City Council and the City, do hereby designate September 2023 as Suicide Prevention Month and call upon everyone in our community to find their role in suicide prevention.

Jen Wolosin, Mayor
September 26, 2023
Page F-2.1

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MENLO PARK
AGENDA ITEM G-1
Public Works

STAFF REPORT
City Council
Meeting Date: 9/26/2023
Staff Report Number: 23-218-CC
Study Session: Review and provide direction on the proposed Stormwater Master Plan
Recommendation
Staff recommends that the City Council review the proposed Stormwater Master Plan (Plan) and provide feedback. No action is required by the City Council for this study session. Feedback on the proposed Plan is a preliminary step to accepting it at a future City Council meeting.

Policy Issues
Menlo Park Municipal Code Chapter 7.42 describes the City’s stormwater management program. The City’s stormwater permit, San Francisco Bay Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Order No. R2-2022-0018 (MRP 3.0) regulates various stormwater activities. The City’s land use and circulation elements of the general plan also include policies related to stormwater control requirements.

Background
The City’s stormwater drainage system consists of gutters, pipes, manholes, catch basins, bubblers, outfalls, open channels and pump stations. These components connect with the drainage facilities of the bordering municipalities in some locations. These connected facilities receive and convey stormwater from the bordering municipalities, and well as discharge into them. The City’s drainage facilities capture and discharge rainwater and runoff through major drainage areas within and outside of the City’s boundaries (see Attachment A) into San Francisquito Creek and Atherton Channel, which eventually flows into San Francisco Bay. Most of the City’s system was built between 1950 and 1965, and as such, some of the facilities are at the end of their useful life and are in need of programmatic replacement. Further, the risks and impacts to the storm system from climate change, including sea level rise, increased frequency and severity of intense storms, and groundwater rise, must also be addressed in planning for system operation.

In 1990, to manage flooding risks for a 10-year storm, the City completed a citywide study that identified storm drainage needs, developed a master plan to mitigate drainage system deficiencies, and recommended long range system expansion and replacement programs to maintain the system at an acceptable level. The 1990 study is now 33-years old. There have been other studies (2003 and 2014) completed but they have been limited to specific areas or streets. There have been some improvements made to the system over the years that were identified in past studies, some of which have been completed and incorporated into past development projects. The City, however, continues to experience localized flooding to varying degrees on an ongoing basis.

The MRP outlines the State's requirements for agencies to address water quality and flow-related impacts of stormwater runoff. It is a comprehensive permit that regulates construction sites, industrial sites, illegal discharges, new development and municipal operations. The MRP also identifies activities that could City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page G-1.1

Staff Report #: 23-218-CC
warrant future capital improvement projects (e.g., green infrastructure, trash capture devices) so it is important to incorporate MRP requirements into the Plan. MRP 3.0 went into effect July 1, 2022, and expires June 30, 2027. No additional funding from the state was provided to local agencies in order to expand the regulatory requirements under MRP 3.0.

In October 2019, the City Council approved an agreement with Wood Rodgers, Inc. to develop the Plan (Attachment B). The Plan’s intent is to help define the current condition of the stormwater system and identify future upgrades and improvements over the next 25 years. The Plan incorporates new MRP requirements, thereby directly impacting City operation and maintenance activities and helping identify additional capital needs.

Analysis
As part of this study session, staff is presenting the draft Plan (Attachment C contains the executive summary and a link to the full Plan) to City Council for feedback before returning to accept the Plan tentatively scheduled for Oct. 24. The Plan achieves the following objectives:

1. Inventory of existing storm drainage facilities;

2. Identification of storm drainage capacity and condition of facilities;

3. Development and prioritization of stormwater capital improvement projects;

4. Development of a funding strategy for the needed capital improvements;

5. Development of an Operation and Maintenance Manual; and

6. Identification of a framework to operate and maintain the facilities and implement the identified capital improvements.

Below is a summary of key findings for each objective:

1. Inventory of storm drainage facilities
The City owns and maintains 46 miles of storm drain pipes, 1,680 feet of earthen open channels, 1,577 manholes, 2,118 catch basins (includes bubblers), seven pump stations and 107 outfalls. In total, the facilities represent an investment of approximately $187 million. While the majority of the facilities are located within the City’s public right-of-way (primarily under streets or sidewalks) or on acquired permanent easements, the remaining approximately 25% are on private properties with unknown easement status. Some of the facilities on private properties with unknown easement status could be without easements and require easement acquisitions. Some private property owners may be relieved if the City takes over facility maintenance and offers to dedicate their easements to the City at a nominal cost. As part of Plan implementation, staff will investigate the status of easements and determine next steps.

2. Identification of storm drainage capacity and condition of facilities The condition assessment evaluated both structural and maintenance deficiencies. Facilities were prioritized based on the following factors:
• Flooding or deficient pipe incidents reported to the City or observed by staff during rain events • Aged corrugated metal pipes (which can be subject to corrosion) • Potential sediment build up in pipes based on flat pipe slopes or backwater conditions • Key locations (i.e., upstream inlets, major confluences and outfall structures) along a storm drain system
Structural condition deficiencies
Based on staff’s input and the collected inventory of the City’s facilities, 20 locations were selected to be evaluated including 42 structures (e.g., aged corrugated metal pipes, concrete pipes, manholes/inlets, outfall structures). Structures were rated into good, fair, poor, and critical based on the risk of structural City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page G-1.2

Staff Report #: 23-218-CC
failure and the impacts to the hydraulic performance. Most of the structures were found to be in good condition; however, nine structures were determined to be in poor and critical condition that require rehabilitation or replacement at an estimated cost of $475,000.

Maintenance deficiencies
The City’s current maintenance practices include inspections of pump stations once per month during the dry season, once per week during the rainy season, and before rain events. In addition, 3.8 miles of storm drain pipes and 160 inlets are cleaned annually by a contractor; and areas with known recurring issues are cleaned two to three times annually. However, this maintenance routine services less than 10% of the total system annually. The current annual contract cost is $70,000 and was last bid in 2018, so it is anticipated to increase significantly as part of the next competitive bid process due to inflationary pressure on the cost of services since 2018.

As part of the Plan development, the current condition of 20 locations were evaluated including 44 structures to determine if changes in maintenance practices should be incorporated, and if so, what additional level of effort would be required. Twenty of the structures were found to be in good condition, 20 structures were found to be in non-immediate maintenance condition, and four structures were found to be in need of immediate maintenance that require sediment removal and pipe jet flushing. Estimated costs are $49,000 for additional pipe flushing every five years and $10,000 for annual maintenance.

Capacity assessment and deficiencies
Attachment D shows the catchment areas within the City’s boundary. The City’s storm drainage systems that convey the largest drainage areas are the Ravenswood North and South Drainage Areas, which contribute 1,423 acres respectively.

The hydraulic model focused on flooding that will occur within the City’s boundaries that the City could potentially rectify with future capital projects. The model simulated 2-year, 10-year, and 100-year storms in order to determine flood risks. A 2-year storm has a 50% chance of occurring any given year, a 10- year storm has a 10% chance of occurring any given year, and a 100-year storm has a 1% chance of occurring any given year. Attachment E shows level of service goals and design criteria for types of storm drain facilities. Recurring flooding events indicate potential capacity deficiencies in the existing stormwater system. Historical flooding information (i.e., letters, photos, emails) recorded by community members and City staff was used in conjunction with the modeling results to determine the location and extent of potential flooding, to validate the model, and to prioritize improvements.

Attachment F is a map showing deficient storm drain systems that are mentioned below. It should be noted that much of the Atherton Channel drainage system is owned by the Town of Atherton. • Two-year storm:

The Arbor Road, El Camino Real/Alto Lane, O’Brien Drive and El Camino Real/Felton drainage systems experience flooding (less than 1 foot in depth) that was contained within the street right-ofways. The Middlefield Road drainage system experienced flooding, less than 1 foot in depth, which exceeded street curb and gutter conveyance capacity and flooded adjacent properties near the intersection at Ravenswood Avenue and near Linfield Drive. • Ten-year storm:

The 10-year storm results in widespread flooding. The Arbor Road, El Camino Real/Alto Lane, O’Brien Drive and El Camino Real/Felton drainage systems experience flooding more than 1 foot that encroaches beyond street right-of-ways to surrounding properties. The Chrysler Drive drainage City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page G-1.3

Staff Report #: 23-218-CC
system, which has capacity up to a 2-year storm, experiences flooding which will be rectified with the current Chrysler Stormwater Pump Station Improvement project currently under construction. • One hundred-year storm:

The 100-year storm results in stormwater runoff exceeding the capacity of the storm drainage facilities and street networks, and San Francisquito Creek overtopping along the banks at Middlefield Road and Pope Street crossings and near Oak Court/Euclid Avenue. The flow that overtopped San Francisquito Creek traveled northeasterly and worsened the local floodplains generated by the City’s storm drainage facilities, resulting in widespread flooding.

After the agreement was executed to develop the Plan in 2019, the region experienced several dry years, and therefore calibration of the modeling results was done based on documentation of past storm events. However, on Dec. 31, 2022, a significant precipitation event occurred in the Bay Area, estimated to be between a 30- and 50-year storm in the San Francisquito Creek watershed based on analysis shared with the City by Valley Water. The City experienced road closures, urban flooding and high stages/flows in San Francisquito Creek representing the second highest observed flow on record. City crews documented the precipitation and flooding with pictures and videos. These pictures and videos were compared to the model’s design storm results in order to validate the model’s ability to replicate a significant storm event. Overall, the model performed extremely well and was successful at replicating the approximate flooding extent at multiple locations.

3. Development and prioritization of stormwater capital improvement projects Considering the structural condition of facilities and the capacity assessment (steps 1 and 2 above), Wood Rodgers identified and prioritized the deficient storm drain systems that require upsized storm drain pipes (which reduces the floodplain) in order to meet a 10-year storm. Table 1 lists the drainage system, in order based on the area of flooding reduced, and recommends capital costs of $39.1 million.

For maps showing locations of these recommended capital improvements, see Attachment G.

Table 1 also lists capital improvements for each deficient system in order to minimize flooding in a twoyear storm which totals $12.0 million. These improvements are part of the 10-year storm recommended capital improvements. For a map showing locations of these recommended capital improvements, see Attachment H. The ranking of these areas may be revisited to include other factors (such as adjacent land uses, accessibility needs, multi-modal safety, etc.) after a funding strategy is developed and projects are identified for implementation.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page G-1.4

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Staff Report #: 23-218-CC
Table 1: Capital costs for recommended capital improvements Ranking
based on Existing Proposed reduction Ten-year storm Deficient system floodplain floodplain in capital costs* (acre) (acre) flooded area
Two year
storm capital
costs*
Middlefield Road 1 52.0 9.8 $ 16.4 M $ 6.2 M
El Camino Real / Alto 2 12.0 4.0 $ 11.0 M Lane $ 2.7 M
Arbor Road 3 14.7 6.7 $ 7.8 M $ 2.3 M
Chrysler Drive 4 10.0 5.9 $ 2.5 M N/A
O’Brien Drive 5 2.3 0.5 $ 1.4 M $ 0.8 M
Total 91.0 26.9 $ 39.1 M $ 12.0 M
* Capital costs do not include administration, permitting and project management.

4. Development of a funding strategy for the needed capital improvements There is not a separate enterprise fund for stormwater; therefore, past stormwater drainage projects have been primarily funded by the annual transfer to the capital program from the general fund. In addition, the City has pursued grants, including a $5 million Federal Emergency Management Agency (FEMA) Hazard Mitigation Program grant for the Chrysler Pump Station project, in addition to local match funding from the general capital fund and Highway Users (Gas) Tax. Stormwater capital improvement funding possibilities include grants, loans, assessment districts, bonds, general fund contributions and storm drain fees. The City currently collects a stormwater management fee to fund maintenance activities required to comply with the MRP; however, this fee has not increased since its adoption in 1994 and does not fully cover maintenance activities. Increasing the fee is an option to consider in the future, although it would require that the City conduct a property-owner voting procedure in accordance with Proposition 218.

For this fiscal year, there is funding included in the capital improvement program for a Storm System Funding Study in order to further evaluate strategies to fund capital improvements identified in the Plan.

The Study will evaluate future revenues and expenditures and identify an approach to fund these improvements and City stormwater operations. Staff will initiate this Study after the Plan is accepted by City Council, tentatively planned for October 2023, and plans to seek City Council approval for the Study agreement in spring 2024.

5. Development of an Operation and Maintenance Manual (O&M Manual) The O&M Manual (included as Appendix A of the Plan) recommends inspection and maintenance activities for the City’s stormwater system. It breaks down activities by facility (i.e., pump stations, storm drain pipes, manholes, outfalls, open channels and trash capture devices), frequency of inspections and maintenance activities, and estimated costs. The O&M Manual also recommends that some activities (pump station biweekly inspections, annual maintenance, Closed Circuit Television Video-CCTV- pipe inspections) be performed by outside contractors with special equipment and training. In order to complete all activities outlined in the O&M Manual and ensure proper oversight of contractors engaged for these tasks, the Plan recommends adding 0.5 full-time equivalent (FTE) maintenance employees.

Currently, the City has a team of five maintenance workers and one supervisor that oversee the streets section of the maintenance division. This section maintains roadways, City-owned parking lots, street City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page G-1.5

Staff Report #: 23-218-CC
signs, street sweeping, the annual sidewalk repair and replacement programs, and the storm system.

They are often the team that responds to trash and illegal dumping issues as well. Storm system maintenance represents approximately 10-15% of the sections overall workload currently.

6. Identification of a framework to operate and maintain the facilities and implement the identified capital improvements
The City performs administration and construction management services internally with City staff and contracts out engineering design and permitting services to consultants. In order to design and construct the recommended capital improvements identified in the Plan, the Plan recommends adding two (2) FTEs in engineering to implement capital projects. Currently, the City has an utilities engineering team of four that oversee water and stormwater regulatory activities and capital projects. A portion of one FTE is currently allocated to stormwater capital projects.

Next steps
Staff plans to present the final Plan to City Council for acceptance tentatively at an October 2023 meeting.

Impact on City Resources
Acceptance of the Plan does not have a direct impact on the City’s resources; however, before implementing the recommended capital improvements, staff plans to complete the Storm System Funding Study and further evaluate staff workload and resources before recommending options for consideration in future annual budgets. If the Funding Study does not identify new revenue streams to support the identified stormwater system capital and maintenance needs, staff anticipates that existing work may need to be reprioritized to provide more focus on the storm system in order to continue to prepare for climate change and storms of increasing frequency and severity.

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 proposes an organizational structure change that will not result in any direct or indirect physical change in the environment. An environmental review will be conducted on an individual basis as the stormwater capital improvement projects are designed.

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. Stormwater drainage basin map
B. Hyperlink – Oct. 1, 2019, City Council staff report: menlopark.org/DocumentCenter/View/22969/ E2-20191001-Stormwater-Master-Plan-CC
C. Hyperlink – Proposed Stormwater Master Plan including executive summary:
menlopark.gov/files/sharedassets/public/v/2/public-works/documents/stormwater/draft-stormwatermaster-plan.pdf D. Map – Catchment areas within the City’s boundary
E. Level of service goals and design criteria for types of storm drain facilities (Page 21 from the Plan) F. Map – Deficient storm drainage areas
G. Map - Recommended capital improvements to meet the 10-year storm H. Map – Recommended capital improvements to meet the two-year storm City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page G-1.6

Staff Report #: 23-218-CC
Report prepared by:

Pam Lowe, Senior Civil Engineer
Report reviewed by:

Tanisha Werner, Assistant Public Works Director – Engineering City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page G-1.7

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PRELIMINARY
A
Cityof
Cupertino EXHIBIT C1

ATTACHMENT D
Page G-1.9
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MenloP ark Drainage Master Plan
Chrysler Urban Catchment Area Ravenswood(Caltrans) and Storm Drain Map San Mateo County, California
September 2022
Legend
Other Cities Menlo Park
kj Hot Spot Locations
= Pump Station
University
Cityof
Redwood City City ! Channel of EastP alo Major Drainage Pipes Alto Others Caltrans Menlo Park Minor Drainage Pipes
Towno f W
Atherton
Cityof 0 1,000 2,000 PaloA lto
Feet
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Cityof
Woodside
36''
Vicinity Map

PRELIMINARY
EXHIBIT C3
improvement sizing. HGLs are calculated or simulated with a computer model using the design

ATTACHMENT E
storms or LOS. For storm drainage facilities, the HGL must be at least 1 foot below the top of curb and building finished floor elevation.

While the City’s drainage requirements do not specify any other level of service and design criteria, the design requirements for minor and major open channels are recommended for the City’s drainage facilities based on other public agencies’ standards as shown in Table 1. Ditches or minor channels typically collect flow from small storm drainage systems and should have the same LOS as storm drain pipes. While major channels collect flow from multiple storm drainage systems or minor channels and typically require a higher LOS. Additionally, public agencies generally adopt a 100-year LOS to contain and convey stormwater flow up to 1.0 foot above street gutter flow lines or

1.0 foot below building finished floors via a network of storm drain pipes and streets to protect buildings from excessive flooding.

Table 1 – Level of Service (New/Redevelopments)
Facility Type Design Storm
(LOS)
Freeboard (Design Criteria)
Pipe 10-year >1.0 ft below top of curb/building finish floors Ditch/Minor Channel 10-year >0.5 ft below banks
Major Channel 100-year >1.0 ft below banks
Pipe + Street 100-year 1 ft above gutter flow lines; 0.5 ft above ground; 1.0 ft below building finished floors

- =
–
- =
- =
-
c~
WOOD -ROOCe::R~

MENLO PARK
Gutter
ft
Figure 23 and Figure 24 illustrate, in cross-section views, the design criteria that is documented in Table 1 for storm drain pipes and open channels.
10 year HGL Top of
Curb 1.0ft
100 year HGL
Flow Line + 1.0
100 year HGL Finish
Floor 1.0ft
Figure 23 – Storm Drain Design Level of Service
Stormwater Master Plan 21 | P a g e
Page G-1.10

WOOD -ROOCe::R~
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W
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0 1,500 3,000
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Legend
Storm Pipes
Others
Owner
Caltrans
Menlo Park
! Channel
DrnFacilityDefi...

Deficiency
10-year
100-year
2-year
>10 <100-year
Arbor Rd.

System
El Camino Real/ Alto
Ln. System
Middlefield Rd.

System
O’Brien Dr.

System
El Camino Real /
Felton System
Atherton Channel
System

ATTACHMENT F
Figure 50 – Drainage Facilities Deficiency MapCapit al
The most deficient (within the 2-year deficiency category) City storm drainage systems were identified along the Arbor Road, El Camino Real/ Alto Lane, Middlefield Road, O’Brien Drive, and El Camino Real/ Felton drainage systems. The Atherton Channel drainage system is owned by the Town of Atherton and only has less than 2-year capacity or in the 2-year deficiency category. Most of the other drainage systems in the City are in the 10-year deficiency category while other smaller or upstream segments of the storm drainage systems are in the >10, <100-year, and 100-year deficiency categories.

FLOOD RISK
The flood risks associated with the floodplains in Section 5.5 were calculated using the FEMA Hazus program to quantify the direct physical damage to buildings and contents, the exposure of essential facilities to flooding, the consequential direct economic losses, and the number of people displaced by evacuation and inundation. The deficient Middlefield Road drainage system was determined to have the highest annualized flood risk ($ 5.0 million per year), while the O’Brien Drive system had the lowest ($ 0.1 million per year). See Table 25. The annualized risks were used in conjunction with the Stormwater Master Plan xix
Page G-1.11

ATTACHMENT G
Page G-1.12
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March 2023
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Cityof Existing Non-Modeled Pipes City ofP alo Alto PaloA lto 0 500 1,000
Feet
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Vicinity Map

PRELIMINARY
EXHIBIT D1
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San_Francisquito_Creek City of
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City of
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City of Menlo Park
Drainage Master Plan
E CR Ea s t a n d Alt o Ro a d
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March 2023
0 500 1,000
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NORTH

PREL I M I N AR Y

EX HI B I T D2
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36''
48''
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36''
36''
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City of Menlo Park
f Atherton
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kj Hot Spot Locations
Proposed Drainage Pipes
! Channel 10-Y e a r 24 -Ho u r F l o o d p l ai n DE P T H2D <0.5' 0.5'-1' >1'
E x i s t i ng Mod e l e d P i pe s
Others Caltrans Menlo Park
E x i s t i ng N on-Mo de l e d P i pe s
Existing Non-Modeled Pipes
Page G-1.13
-----
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City of Palo Alto
Town of Atherton
City of Menlo Park
E x ist in g Co n d itio n P r opo s e d C o nd i t i o n City of Menlo Park
Drainage Master Plan
Ar b o r Ro a d
I m pr ov e m e n t P r o j e c t
San Mateo County, California
March 2023
0 500 250
Feet
NORTH

PREL I M I N AR Y

EX HI B I T D3
Vic i n i t y M a p
Le g e n d
kj Hot Spot Locations
Proposed Drainage Pipes
! Channel 1 0 -Y e a r 2 4 -H our F l ood pl a i n D EPT H 2 D <0.5' 0.5'-1' >1'
Ex is t in g M o d e le d Pip e s
Others Caltrans Menlo Park
E x i s t i ng N on-Mo de l e d P i pe s
Existing Non-Modeled Pipes
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Page G-1.14
Page G-1.15
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WCJCJO -RCJOGS:::R:S
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B a Bay fro n t C a n a l
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5x2.
5x2.5
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City City of Menlo Park of Redwood City of Redwood City Drainage Master Plan City Chrysler Drive
Improvement Project
San Mateo County, California
March 2023
Legend Chrysler
kj Hot Spot Locations
Proposed Drainage Pipes
Chrysler
! Channel 10-Year 24-Hour Floodplain DEPTH2D
<0.5'
City of City of Menlo Park 0.5'-1' Menlo Park
>1'
Chrysler Existing Modeled Pipes
Chrysler Others
Caltrans Menlo Park
Existing Non-Modeled Pipes
Existing Non-Modeled Pipes
Town of
0 250 500 Atherton
Town of Atherton
Feet
NORTH Existing Condition Proposed Condition
Vicinity Map

PRELIMINARY
EXHIBIT D4
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11 114
11 11
11 114
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33''
54''
42''
30''
48''
27''
24''
48''
54''
City of East
Palo Alto
City of
Menlo Park
City of Menlo Park
Drainage Master Plan
O'Br ien Dr ive
Im prove m ent Pr oj e ct
San Mateo County, California
March 2023
0 250 500
Feet
NORTH

PREL IM I NARY

EX HIB IT D5
Vic i n i t y M a p
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48''
54''
42''
33''
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kj Hot Spot Locations
Proposed Drainage Pipes
! Channel 1 0 -Ye a r 2 4 -H our F l oodpl a i n
<0.5' 0.5'-1' >1'
Ex is t in g M o d e le d Pip e s
Others Caltrans Menlo Park
E x i s t i ng N on-Mo de le d P i pe s
Existing Non-Modeled Pipes
Page G-1.16

ATTACHMENT H
Page G-1.17
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San Mateo County, California
March 2023
Cityof Ea st Cityof Ea Town st
o f
Atherton
Towno f Palo Legend Atherton
A lto Palo
Alto
kj Hot Spot Locations
Proposed Drainage Pipes
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Others Caltrans
18''
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Palo Cityof Existing Non-Modeled Pipes Alto Palo Existing Non-Modeled Pipes Alto Cityof
Menlo
Park
0 500 1,000
Feet
NORTH Existing Condition Proposed Condition
Vicinity Map

PRELIMINARY

EXHIBIT E

STORMWATER MASTER PLAN
September 26, 2023
G1-PRESENTATION

STORM DRAIN SYSTEM
2  Mostly built between 1950 – 1965 46 miles of storm drain pipes, gutters, manholes, bubblers, catch basins, open channels, and pump stations ($187M investment)
 Collects and discharges rainwater and runoff, untreated, into San Francisquito Creek, Atherton Channel, and San Francisco Bay  Provides flood control with sufficient pipe sizes Plan at the very beginning for climate change impacts on the storm system for better resiliency/adaptation

STORMWATER MASTER PLAN
3  Last citywide storm drainage
needs study was completed in 1990
 Oct 2019, the City Council
approved an agreement with Wood Rodgers, Inc. to develop the Plan  Meet level-of-service goals
(10-year design storm for pipes and top of curb)
APPROACH | Comprehensive, Realistic, Optimized
Inventory Condition Assessment O&M Plan
Flood Risk Improvement Alternatives CIP Prioritization
DATABASE | Facility Inventory
Storm Drainage Facilities
Georeferenced As‐Builts
Inspection & Condition
Assessment
Hydrologic & Hydraulic Model
Input
SURVEY + INSPECTION | Site Prioritization
CONDITION ASSESSMENT | Structural Deficiency
CAPACITY ASSESSMENT | Conveyance Deficiency
Atherton Menlo Park
Palo Alto
CAPACITY ASSESSMENT | Conveyance Deficiency
CIP | Recommendations
2-Year Storm 10-Year Storm
Drainage Basin Capital Costs, $ Total Costs*, $ Capital Costs, $ Total Costs*, $ Middlefield Road 6.2 M 8.7 M 16.4 M 23.0 M
El Camino Real / Alto Lane 2.7 M 3.8 M 11.0 M 15.4 MArbor Road 2.3 M 3.2 M 7.8 M 10.9 MChrysler Drive ‐‐ 2.5 M 3.5 MO’Brien Drive 0.8 M 1.1 M 1.4 M 2.0 MTOTAL 12.0 M 16.8 M 39.1 M 54.8 M * Total Costs includes administration, permitting, and project managementThe 2-year storm improvements are included as part of the 10-year storm improvements.

Resource Needs | Engineering + O&M
Recommended Improvements Engineering Staffing Analysis O&M Staffing Analysis Total CIP Cost $39 M
Maintenance
Administration & Construction Activities
Management $8 M
Implementation Schedule 10 years Recurring Annually
Engineering Staff Salary with Benefits $250/ hour $100/ hour Required Staff Hour 3,200 hour/ year 700 hour/ year
Number of Staff (80% billable hours) 2 0.5

NEXT STEPS
12  Tonight - Receive City Council feedback on the Plan Tentatively Oct 2023 – Present the Plan to City Council for acceptance Spring 2024 – Seek City Council approval for consultant agreement for Storm System Funding Study (funded for this fiscal year)
 Fall 2024 – Complete Storm System Funding Study Implementation timeline dependent on funding

THANK YOU
DRAINAGE SYSTEM | Characteristics
2¬«37
1¬«14
9¬«2
«¬85
1 0¬«9
«¬82
¬«84
«¬35
¤£101
§¨¦280
Tidal Tidal
Bayfront Bayfront

2.57sqmi 2.57sqmi
Tidal Tidal
Atherton

2.45sqmi 2.45sqmi
PumpStation

3.23sqmi 3.23sqmi
San
Francisquito
US

42.95sqmi 42.95sqmi
Atherton

3.67sqmi 3.67sqmi
SanFrancisquito

2.23sqmi 2.23sqmi
San_
Francisquito _Creek
Bayfront Canal
Atherton Channel
02 1
Miles
NORTH
LegendMajorDrainageArea
AthertonAtherton USPumpStationSan FrancisquitoUSSanFrancisquitoTidal AthertonTidal Bayfront MunicipalBoundary
Menlo Park
! Channel
APPROACH | Fundable
Staff
Augmentation
Storm System
Funding Study
Grant
Applications
DRAINAGE SYSTEM | Age
CONDITION ASSESSMENT | Maintenance Deficiency
CAPACITY ASSESSMENT | Conveyance Deficiency
Atherton Menlo Park
Palo Alto
Recent
Stormwater
Funding
Measures
FUNDING | Financing Success (and failures)
Agency Year Type
Support
Level
City of Sacramento 2022 207 $ Fee 52%
Vallejo Flood & Storm 2022 54 $ Fee 32%
City of Davis 2021 157 $ Fee 61%
City of San Bruno 2021 154 $ Fee 36%
City of Alameda 2019 129 $ Fee 57%
City of Cupertino 2019 56 $ Fee 51%
City of Los Altos 2019 88 $ Fee 44%
City of Berkeley 2018 96 $ Fee 61%
Los Angeles County 2018 83 $ Tax 69%
Town of Moraga 2018 120 $ Fee 48%City of Palo Alto 2017 164 $ Fee 64% City of Culver City 2016 99 $ Tax 74%
Annual
Amount
Recent Stormwater Fee Ballot Measures
**
***
****
*
*
FUNDING | Grant Funding
Funding
Date of Grant
Application Client Value of Grant Funding Source Was it Successful? 2021 Redwood City, CA $ 7,600,000 FEMA HMGP Yes
2021 Redwood City, CA $ 13,100,000 FEMA HMGP Yes (tentative) 2017
Marin County Flood Control
District, CA $ 12,000,000 FEMA HMGP Yes (tentative)
2015
Alameda County Flood Control
District, CA $ 3,600,000 California Dept. of Water Resources Yes 2011
Alameda County Flood Control
District, CA $ 16,000,000 California Dept. of Water Resources Yes 2011 City of Salinas, CA $ 50,000,000 US DOT ‐ Transportation Investment Generating Economic Recovery (TIGER) Grant Program Pending 2011 City of Rancho Cordova CA $ 3,000,000 SACOG Yes
2011 Desert Research Institute, NV $ 3,000,000 Economic Development Authority Yes 2011 Washoe County, NV $ 3,000,000 USFS, Southern Nevada Public Lands Management Act (SNPLMA) Yes 2011 Douglas County / Nevada Tahoe
Conservation District, NV $ 600,000 USFS, Southern Nevada Public Lands Management Act (SNPLMA) Yes 2008
Alameda County Flood Control
District, CA $ 1,000,000 California Dept. of Water Resources Yes 2008 Marin County $ 180,000 California Dept. of Water Resources, Local Levee Assistance Program Local Levee Yes 2007 Levee District No.1 $ 14,100,000 Proposition 1E Yes 2007 RD 2103 $ 10,800,000 Proposition 1E Yes
2006 Washoe County, NV $ 3,000,000 USFS, Southern Nevada Public Lands Management Act (SNPLMA) Yes O&M MANUAL | Predictive vs. Preventive

,.

MENLO PARK
AGENDA ITEM G-2
Police

STAFF REPORT
City Council
Meeting Date:

Staff Report Number:
9/26/2023
23-215-CC
Study Session: Provide direction on a proposal to install Flock fixed automated license plate readers with gunshot
detection capability citywide
Recommendation
Staff seeks to understand and address any questions or concern from City Council and the public on the use of fixed license plate reader technology and its public safety purpose. Staff seeks direction from the City Council on public safety deployment of fixed automated license plate readers (ALPRs) with integrated gunshot detection citywide, utilizing Flock technology. Staff anticipates bringing forward a revised department policy for review and seeks direction to return to City Council with a budget amendment and amended municipal ordinance for approval.

Policy Issues
ALPR technology receives guidelines and governance from state and local law, and from agency policy.

California Civil Code (1798.90.5 et seq. – Attachment A) requires that any public agency provide an opportunity for public comment at a regularly scheduled public meeting prior to implementation of an ALPR program. The Menlo Park Police Department (MPPD) has been operating ALPRs via readers mounted on police patrol cars since 2013-2014, and has brought requests before council on several occasions. Although this program is long implemented and the statutory Civil Code requirement has technically been met, this department has reoriented the City Council and the public to the technology numerous times, each time providing an educational overview and opportunity for public comment, most recently in June 2021 (Attachment B). This study session will provide a similar education and opportunity.

The City of Menlo Park also has a Municipal Code (Chapter 2.56) that speaks to our process of collecting, utilizing, and retaining public safety data such as collected by this type of equipment. This Municipal Code Section was established in conjunction with our original ALPR deployment in 2014. Before deployment of the proposed fixed ALPRs in this study session, we will be reviewing and revising the Municipal Code to ensure it applies properly to both mobile (mounted to vehicles) and fixed (Flock) ALPRs, and the data collected by both systems. The current Municipal Code is listed below as Attachment C.

MPPD has a comprehensive Lexipol policy governing ALPRs (Policy 462), which provides strict guidelines for administration, operation, data collection and retention, accountability and training, as well as auditing and reporting (as in our quarterly report). This policy will also be thoroughly reviewed and updated prior to deployment of the fixed ALPRs to ensure any factors around the new technology are properly addressed.

The current MPPD Lexipol Policy is listed below as Attachment D.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page G-2.1

Staff Report #: 23-215-CC
Background
What is ALPR technology, and how is it used?
ALPR are cameras, either fixed or placed on a vehicle that record vehicle description data, location and date / time. This technology is as objective and unbiased as possible, only recording this descriptive detail and nothing about the personal characteristics or identifying information of drivers.

Once this information is collected by the system, the automated system checks the license plate data against the same state databases that police officers use to check vehicle license plates. This includes stolen vehicles and other crime suspect vehicles listed in the database connected to crimes, missing persons related vehicles, and other “stop requests” that law enforcement agencies have placed in the system. Any license plates matching law enforcement identified vehicles are relayed to officers and dispatchers monitoring the system as an alert. Time permitting, officers may attempt to locate vehicles related to alerts. Every alert would ultimately be confirmed with the originating agency, and an alert itself would not constitute enough probable cause for an arrest.

MPPD currently deploys mobile ALPRs on three patrol vehicles. These were refreshed in 2021 to replace hardware on all three vehicles. Equipping a police vehicle with ALPR technology hardware costs over $15,000 per vehicle.

All of the data collected by the ALPR system is held temporarily in a secured database with the Northern California Regional Intelligence Center (NCRIC). Our current City Ordinance governs a retention of this data for six months before it is expunged. This six month timeline is aggressively short in comparison to many agencies which hold this data for up to two years.

Opportunity for implementation of Flock fixed ALPRs
Flock Safety (i.e., “Flock”) began its technology company in 2017 as a more efficient and less expensive alternative to the ALPR technology available at the time. The company quickly grew in capability and coverage, and over the past several years, ALPR cameras using Flock technology have become ubiquitous throughout San Mateo County and prevalent throughout the San Francisco Bay Area. Nearly all the cities surrounding Menlo Park have Flock cameras deployed or soon to be deployed, and MPPD currently has an access agreement with Flock enabling our personnel to make investigative inquiries to Flock’s database.

This access has enabled MPPD personnel to solve some cases in ways that would not be possible without this access. However, Menlo Park does not currently have these fixed cameras in our jurisdiction. Our current investigative capabilities are limited to information available from other jurisdictions, and the ability of MPPD personnel to track suspects of crime directly from the scene in our own city has limitations that our neighboring agencies do not.

Flock fixed license plate readers are much less expensive and easier to install than mobile ALPRs on vehicles. They also provide the advantage of always being in service, while vehicle mounted cameras only serve when and where officers drive ALPR vehicles. Fixed ALPRS provide coverage that results in much more consistent and unbiased data collection.

For the first 30 days after data is collected by the Flock system, the searchable data is more robust – it includes the vehicle color and general details, so that for this period of time, personnel with a documented investigative reason may search in more detail for vehicles involved in crime, safety, and/or missing persons cases to more precisely and accurately sort through data. Access to this data is a critical and incredibly valuable resource that is available for a purposely limited time. Following the 30 days after collection, only the basic license plate, date, time, and location data is retained for the six-month retention period. The software, along with the City’s policies are meant to be utilized in a way that only minimally intrudes on any privacy concerns.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page G-2.2

Staff Report #: 23-215-CC
Size of the camera deployment
We originally proposed a pilot program with fewer cameras, however after a presentation to the City Council’s Ad Hoc Reimagining Public Safety Subcommittee earlier this year and subsequent feedback and discussion, it made more sense to request equitable deployment of Flock cameras across the entire city jurisdiction. This was accomplished through collaboration between MPPD and Flock to identify the locations that would provide the most comprehensive and fair collection of information. We selected 36 camera locations citywide.

Integration of firearm discharge detection technology
Firearm-discharge detection technology is already available in adjoining areas of Redwood City, North Fair Oaks, and East Palo Alto through other vendors, and incorporating it with Flock makes more fiscal sense than engaging with this capability ala carte from another vendor. The other jurisdictions have multiple examples of gunshot detection being the only reporting party of shooting incidents, providing potentially lifesaving efficiency in the event of such a violent crime. We know the dynamic of uncertainty with regard to residents reporting crimes in progress also extends to Menlo Park. Although this is an area we are continually improving through trust-building, we feel that this is an important safety tool to add.

Flock establishes a four square mile area of our City for gunshot recognition using their Raven technology.

This system identifies and locates gunshots, sends the information via an alert to officers for verification, and instantly integrates with local flock ALPRs to assist in immediate gathering of relevant license plate data. This adds an element of instant identification for a potential life-threatening situation, and significantly shortens investigation time while providing near real-time investigative information to responding officers.

Analysis
With direction from City Council, the MPPD will be requesting the deployment of 36 fixed ALPR cameras, which include integrated technology for firearm discharge detection covering four square miles of Menlo Park and covering the majority of the urbanized land area. The cameras are fairly evenly distributed throughout our City jurisdiction, with particular attention to access points into and out of Menlo Park, and with consideration to the Flock networks in place or planned for our adjacent jurisdictions.

The following are several factors that are in consideration:

Cost
The installation of 36 fixed ALPRs and integrated gunshot technology will require an initial expense of $284,900 and ongoing cost of $251,500 annually. The initial agreement composed by Flock includes the expenses for the first two years, totaling $536,400. The $251,500 annual cost after year two would cover the use of the cameras, maintenance, and the software program required to operate and access the system.

There have been questions raised about any added staff expense related to the use of Flock systems. The question originated from a report in another jurisdiction that was a contract town for police services by a Sheriff’s Office. The Sheriff’s Office billed the town for staff investigations that they were able to do with Flock, and this became an unanticipated expense within the contract. Since we are an incorporated city, utilizing staff already budgeted and authorized, this type of unanticipated staff expense would not occur in Menlo Park. In fact, we anticipate that the addition of Flock information from within this City will provide efficiencies in our investigative time that will allow us more ability to focus on other public safety priorities.

Sole source acquisition of Flock technology
We are seeking a sole-source procurement for Flock for the simple reason that it is already in use for City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page G-2.3

Staff Report #: 23-215-CC
monitoring and investigation by MPPD personnel with regard to other agency data, and is the ubiquitous service used throughout the Bay Area. Flock currently has cameras either deployed, or deployment authorized/pending, in nearly every city from Daly City to Palo Alto, along with several cities in the southern, eastern and northern Bay Area. This creates a robust information-sharing network between cities that massively improves investigative capability. Menlo Park already utilizes other cities’ data for our investigations. We wish to continue being a “team player” with our allied police agencies throughout the Bay Area.

Security and privacy of data collected
Data collected by Flock cameras in our jurisdiction is owned by our agency and will never be sold or shared by Flock to any private entities. The information collected by flock cameras, which is more detailed than our mobile ALPRs as it includes color and make of the vehicle in addition to license plate, is available on Flock’s server for 30 days and provides much better investigative information. After 30 days, it is automatically deleted from Flock’s secure server. The data that we typically collect – license plate, date, time and location – will pass through and be retained in the standard database that we currently use through the Northern California Regional Information Center (NCRIC) for the remainder of the six-month period according to our current ordinance and policy.

Any of this data that becomes evidence in an investigation may be held and retained as evidence for longer, according to statutes of limitations for the related crime and court cases.

This descriptive information about the vehicles is the only data that is collected. This is not facial recognition or predictive policing software. No Personal Identifying Information (known as PII) is collected or contained in Flock, and the system is not connected to Department of Motor Vehicles (DMV) registration information or insurance databases (e.g., Carfax).

Flock does sell their products to private parties, who collect their own data. This is generally for security purposes related to those private entities, but often they do allow for privately collected data to be shared to local law enforcement and added to the law enforcement database. To be clear – this is a one-way proposition. MPPD will accept verified data from private security sources, but will absolutely not share our collected information with any private entities.

Because this data that is being collected is so objective, and because it is being collected constantly by machines that do not discriminate and collect every plate they can read, this system is incredibly neutral and unbiased. Our deployment of these cameras equitably across our jurisdiction, so that we are collecting data from all parts of our City, only adds to that fairness and objectivity.

Our access controls for investigation add to the security of the data. Every notification coming from the system is related to a legitimate entry by a law enforcement agency, and every inquiry to the system requires a certification by the inquiring officer that is tracked and completely auditable.

With regard to the Raven firearm discharge detection data that system collects only short audio files of the gunshot incident. It does not activate based on people or noises, and stores just the noise of the event, and associated license plate information that may represent witnesses, suspects and potential victims. This data is also retained for only 30 days, unless it becomes evidence in a case.

Alerts and “flags” within the Flock system
Data collected by the Flock ALPR system through the cameras is automatically compared to “hot sheet” information that is exactly the same as the secure and restricted system used by officers for inquiries through the dispatch center. Only alerts that exist in this system – for example stolen vehicles, wanted or City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page G-2.4

Staff Report #: 23-215-CC
missing person data connected to a vehicle already in the state database, or other Department of Justice “DOJ stops” that have already met the scrutinous standards of the state database - will result in notifications.

With additional required case numbers and investigative need, officers can also place “flags” in the Flock system for crimes that are in progress or recently occurred, or ongoing investigations where it is necessary to locate and/or stop a suspect vehicle. These manual “flags” will require a supervisor’s approval in the policy update and need to meet standards of an ongoing investigation. Such manual “flags” will have either an automated or manually input deletion from the system within a reasonable time after they are entered.

Any alerts or “flags” that are reported to officers are required to be confirmed prior to any arrest or final action of our officers, within reasonable safety and time constraints.

Transparency portal and availability of public information As part of our agreement with Flock, the company will help MPPD set up and maintain a transparency portal webpage, similar to those established by many police agencies. The transparency portal will include a description of the technology as well as data showing vehicles detected, hotlist hits, and investigative searches by officers over the most recent 30 days. We will have this data also available as part of our quarterly reporting to City Council. Examples of other cities’ transparency portals are provided in Attachment E.

Placement of the Flock cameras and Raven detection system The logistical placement of the ALPR camera system and the devices using Raven gunshot detection technology were made in a collaborative effort between Flock Staff and MPPD in-house experts on vehicular escape routes, city boundaries, other already deployed ALPRs, and traffic patterns, an extensive understanding of the hardware and technology capabilities, and city infrastructure. The cameras are deployed to cover major traffic arterials, high frequency travel areas, and routes into and out of Menlo Park relative to crime and traffic patterns.

Impact on City Resources
The impact to budget will be $284,900 in the first year, with an ongoing budgeted expense of $251,500. For a reference point, this annual cost is approximately equal to the fiscal impact of one sworn employee of the MPPD (1.75 x average annual salary).

Table 1: Flock project costs
Item Cost
Flock Falcon ALPR cameras (36 at about $3,000 each) $108,000 Flock Raven gunshot detection system (four square mile at approx. $35,000 / square mile $140,000
Flock advanced search operating system (Annual)
$3,500
Total ongoing –
cameras and detection, software and secure data storage $251,500 Professional services implementation fees (first year only) $33,400 Total first year $284,900
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page G-2.5

Staff Report #: 23-215-CC
Costs are accurate, but approximate, based on the proposed agreement with Flock.

Environmental Review
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §15378.

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. Hyperlink – California Civil Code 1798.90.5 et seq.:
leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.81.23.&part =4.&chapter=&article
B. Hyperlink – MPPD staff report from June 2021 – ALPRs:
menlopark.gov/files/sharedassets/public/v/1/agendas-and-minutes/city-council/2021- meetings/agendas/20210628-city-council-agenda-packet.pdf#page=62 C. Hyperlink – Menlo Park Municipal Code Chapter 2.56:
codepublishing.com/CA/MenloPark/#!/MenloPark02/MenloPark0256.html#2.56 D. Hyperlink – MPPD Policy Manual – ALPR (Policy 462, page 439):
menlopark.gov/Government/Departments/Police/Transparency/Department-policies/Department-policymanual E. Hyperlinks – Examples of Flock transparency portal:

San Mateo PD: transparency.flocksafety.com/san-mateo-ca-pd Piedmont PD: transparency.flocksafety.com/piedmont-ca-pd San Jose PD: transparency.flocksafety.com/san-jose-ca-pd Report prepared by:

Dave Norris, Police Chief
Report reviewed by:

Justin Murphy, City Manager
Stephen Stolte, Assistant City Manager
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page G-2.6

POLICE DEPARTMENT - STUDY SESSION
ALPRS & GUNSHOT DETECTIONSept. 26, 2023
G2-PRESENTATION
2 OBJECTIVES & RECOMMENDATION
• Understand and address questions and/or concerns from our public and City Council
• Receive direction from the City Council:
• Direction to proceed with preparation for Public Safety deployment of fixed Automated License Plate Readers (ALPRs) and Gunshot Detection Technology • Major themes and issues to be addressed while reviewing and modifying Menlo Park Municipal Code and Menlo Park Police Department Policy specifically related to data collection retention and use related to ALPRs • Return with a proposed agreement, budget amendment request, and modified Municipal Ordinance for approval, as well as a draft Policy for review.

MENLO PARK PD –

HISTORY & BACKGROUND - ALPR
3 Automated License Plate Readers at Menlo Park PD:• In operation as “Mobile ALPRs” since 2013-14 • 3 vehicles currently deployed with ALPR technology• ALPR data retention to restricted to 6 months by City Ordinance in 2013.
• MPPD signed a “Memorandum of Understanding” (MOU) with Flock Safety (“Flock”) in 2022, providing access to Flock ALPR data from Law Enforcement partners, with access approved by mutual agreement with each participating agency.

WHAT ARE ALPRS, AND HOW DO
THEY WORK?
4 • Automated License Plate Readers (ALPRs) may be
either:
• Mobile (mounted to a vehicle or other movable
apparatus)
• Fixed (placed permanently or semi-permanently in
one location)
• ALPRs use high-resolution video to identify vehicle
characteristics
• License plate, date, time location• Additional characteristics (i.e. make / color) *
• This information becomes DATA (Owned by MPPD)
HOW DOES ALPR DATA WORK?
5 1. Camera retrieves digital information (data)2. Data belongs to MPPD (exclusive control)3. Data checked against “hotlist” Hotlist alerts relayed to Officers
All data relayed via end-to-end encryption to secured storage.

Hotlist: • Wanted Vehicles• Vehicles associated
with Wanted People
• Missing Adults and
Children
• Amber Alerts, etc.

HOW DOES ALPR DATA WORK?
6 4. Stored data is securely held in server (NCRIC
*
)

5. Information is accessible only with Officer ID, case or incident number, and valid reason (all agencies)

6. Data is purged by MP City Ordinance after 6
months
‡ (most agencies are 1 year)
* If activated, Flock’s server is also highly secure‡ Flock, if activated, purges data after 30 days. By Agency option, NCRIC may still hold for 6 months.

ABOUT DATA SHARING
7 • Data that goes to NCRIC is shared with Bay Area
Agencies and other Law Enforcement Agencies
• subject to strict auditing• accessible only with specific requestor ID information plus need and right to know
• NCRIC does not share information for the sole
purpose of Immigration Enforcement (CA Values Act)

SHARING -
HOW DOES FLOCK DIFFER?
8 • Flock is designed to also share data with Bay Area Agencies and other Law Enforcement Agencies
• subject to strict auditing• accessible only with specific requestor ID information plus need and right to know
• Sharing via Flock requires agencies to mutually agree to share data, and all agency policies require an approval process for this. (Chief’s Authorization) • Flock never shares or sells data. It belongs to MPPD.  More economical, efficient equipment
 Fixed ALPRs are far more objective and
indiscriminate than mobile ALPRs– Single location 24-7-365 vs. dependent on where and when officers drive on patrol.
 Law Enforcement information sharing
– Existing / Planned in nearly every city from Daly City to Palo Alto on the Peninsula, providing a critical network of monitoring for criminal activity. – This is a tremendous amount of license plate information.

The only pieces of that data reach Law Enforcement under legitimate public safety circumstances two ways• Alerts from hot list• Investigative searches with strict accountability WHY FLOCK?
9 NOTE –Bay Area Agencies consistently conduct investigative searches for less than a tenth of 1% of plates recorded by the system. Hotlists alert on 1 to 2 license plates per 1000 read, per NCRIC. The rest of that data sits securely and privately in the server until it is purged. (99.5%)(never exposed to anyone) WHY FLOCK, CONT’D -
10  Proven and tested crime fighting and public
safety tool:– Can be placed strategically based on traffic patterns and ingress/egress from our community
– Serve as a strong deterrent to criminal activity– Fixed perimeter of Flock cameras provide real time alerts to established crime-related vehicles entering our neighborhoods – Provide a significantly more useful tool for
investigations than Mobile ALPRs, and are an enormous and time-saving supplement to investigative activity LOCAL EXAMPLE:Shooting Incidents on Windermere on Coleman and at 7-Eleven Oak Grove in the last 13 months would have been solved or significantly aided by local ALPRs.

WHY FLOCK, CONT’D -
11  While robustly present on the San Mateo Peninsula, Flock maintains objectivity, ethics and integrity.
– All data end-to-end encrypted, stored securely and owned by the agency (NEVER sold or shared by Flock)
– Fully auditable, and requiring accountability and legitimate public safety reasons for access to data
– Retention period within Flock’s server is purposely short (30 days)– Provides a Public Transparency Portal tracking the latest 30 days of activity– It is NOT:
• Facial recognition • Predictive policing• Connected to DMV registration information or other third parties like Carfax
• Holding personal identifying information of ANY kind
WHY FLOCK, CONT’D – TRANSPARENCY PORTAL
12 WHY FLOCK, CONT’D -
13  Sharing –
– Requires agreement between agencies
which includes a commitment for each agency to treat any information received “with the same degree of care normally used to protect its own.” – Is governed by sharing guidelines laid
out already in our Policy and Muni Ordinance. *
– Mandates the already described strict
requirements and accountability for access.
*ALPR shall not be used to invade the privacy of individuals, to look into private areas or areas where the reasonable expectation of privacy exists, nor shall they be used to harass, intimidate or discriminate against any individual or group, nor for any purpose not specifically authorized by this chapter. - MP Muni Ordinance 2.56.040 (a)

ALPR AT-A-GLANCE
14 FLOCK SUCCESS STORIES
15 2021
•Flock used to locate missing elderly subject driving for hours up and down the Bay Area
•Flock used in San Mateo to identify homicide suspect•Officers received a Flock alert on a vehicle believed to be associated with burglaries in the area, yielding1.5 ounces of meth, stolen property and burglary tools in the vehicle 2022
•Flock used to ID suspect vehicle involved in a theft,
Vehicle was located occupied in RWC, multiple ID theft items located, suspect arrested. •Flock used to locate a wanted vehicle who had
committed dozens of mail thefts in MP, suspect was arrested. •Stolen vehicle located in MP due to Flock, recovered
multiple stolen bicycles
2023
•Flock used by MPPD to locate a suspect vehicle that
had committed multiple thefts at local business as well as other business around bay area. Suspect ID’d •Hit & Run with a child victim at Hillview middle school, Flock used to ID suspect vehicle and get driver statement • Flock used to locate suspect vehicle associated to a
subject who was wanted by the Marshalls for kidnapping. •Flock used to ID suspect vehicle that used stolen credit cards from a theft in MP. Suspect ID’d

GUNSHOT DETECTION
PEACE OF MIND – IMMEDIATE AID
16 In addition to ALPRs, Flock is also providing gunshot detection technology over a majority of our community – We know that seconds count when gunfire occurs, and there are times when automated detection is the only information reported
 Gunshot detection software exists in our adjoining jurisdictions of East Palo Alto, North Fair Oaks , and Redwood City, but Menlo Park is not covered • 4 square miles of our city land footprint• Flock’s “Raven” detection technology sorts out true firearm discharges and pinpoints them within about 90 feet
• Very short clips of only the incident are recorded – this is not voice or people detection – only the specific audio event
• Raven immediately pairs with associated ALPRs to begin collecting crucial data linked to the incident
WHERE ARE WE DEPLOYING?
FLOCK ALPRs Dumbarton Bridge entering / exiting MP Willow / Newbridge Willow / Middlefield Marsh / Bay Middlefield / Ravenswood El Camino at Downtown Santa Cruz into / out of Downtown El Camino / Sand Hill Sand Hill / I-280 17 FLOCK RAVEN – Gunshot Detection 4 square miles from Bayshore to Alameda
18 COST BREAKDOWN
Flock Project Costs -
Item Cost
Flock Falcon ALPR Cameras (36 at about $3000 ea.) $108,000 Flock Raven Gunshot Detection System (4 sq. mi @ about $35K / sq. mi.) $140,000 Flock Advanced Search Operating System $3,500
Total Ongoing –
Cameras and Detection, Software & Secure Data Storage $251,500 Professional Services Implementation Fees (First Year Only) $33,400 Total First Year $284,900
19 CONSIDERATIONS FOR DEPLOYMENT OF FLOCK CONT’D
• Municipal Ordinance (Chapter 2.56)
• Several sections describing the definition of terms,
use of ALPR systems and data storage / retention, prohibited uses, auditing and reporting, and agency policy. • A draft Municipal Ordinance revision will be
brought forth to Council in coordination with any movement forward with Flock, in coordination with the City Attorney’s Office. • A revised Municipal Ordinance will be in place
prior to any utilization of an updated ALPR deployment. 20 CONSIDERATIONS FOR DEPLOYMENT OF FLOCK
• MPPD Lexipol Policy – ALPRs (462)
• Several sections describing the collection &
retention, release & sharing, relationships with other agencies, and audits & accountability will be reviewed and revised. • Prior to any approval request for agreement
with Flock and deployment, the Police Department will have a revised policy ready to cover operations, based on feedback and operations-based changes. 21 OBJECTIVES & RECOMMENDATION
• Understand and address questions and/or concerns from our public and City Council
• Receive direction from the City Council:
• Direction to proceed with preparation for Public Safety deployment of fixed Automated License Plate Readers (ALPRs) and Gunshot Detection Technology • Major themes and issues to be addressed while reviewing and modifying Menlo Park Municipal Code and Menlo Park Police Department Policy specifically related to data collection retention and use related to ALPRs • Return with a proposed agreement, budget amendment request, and modified Municipal Ordinance for approval, as well as a draft Policy for review.

THANK YOU

,.

MENLO PARK
AGENDA ITEM H-1
Public Works

STAFF REPORT
City Council
Meeting Date: 9/26/2023
Staff Report Number: 23-211-CC
Consent Calendar: Adopt resolution designating the public works director and assistant public works director as
authorized agents to provide for all matters related
to obtaining federal financial assistance from the
California Governor’s Office of Emergency Services
and Federal Emergency Management Agency
Recommendation
Staff recommends that the City Council approve a resolution (Attachment A) designating the public works director and assistant public works director (collectively Directors) as authorized agents to act on behalf of Menlo Park for the purpose of obtaining federal financial assistance from the California Governor’s Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA).

Policy Issues
As authorized agents for the City, the Directors would be able to engage with Cal OES and FEMA for the purpose of obtaining federal financial assistance. This request is consistent with standard grant processes and is procedural in nature.

Background
Authorized agents must be on file with Cal OES for the purpose of obtaining federal financial assistance for both existing and future grant programs. Typical actions that can only be performed by authorized agents include submittal of new grant applications and requesting reimbursement of expenses for active grants.

Currently, the City is the recipient of federal financial assistance for two on-going public works projects including:
• Chrysler Pump Station improvements – awarded $5 million under the Hazard Mitigation Grant Program (HMGP).
• Menlo Park SAFER Bay – awarded $3.76 million under the Building Resilient Infrastructure and Communities (BRIC) program. A total of $50 million has been allocated for this project, with the additional $46.24 million funding award contingent upon completion of current design phase.

Analysis
Resolutions designating authorized agents are only valid for three (3) years following the date of approval.

The most recent resolution authorizing the Director was approved Aug. 25, 2020 and has since expired. Cal OES requires designated authorized agents to be on file for the purpose obtaining federal financial assistance. If a current designation is not on file with Cal OES, the City would not be eligible to request reimbursement for current grant-funded project expenses or submit future grant applications. The City’s City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-1.1

Staff Report #: 23-211-CC
next quarterly report and reimbursement requests, for both the Chrysler Pump Station Improvements (currently in construction) and for Menlo Park SAFER Bay, are due for the third quarter of 2023 in midOctober. If the resolution is not approved, project funding reimbursement requests would be delayed.

Impact on City Resources
If a resolution designating staff as authorized agents is not on file with Cal OES, the City is not eligible to request reimbursement for current grant-funded project expenses or submit future grant applications. The City’s next quarterly report and reimbursement requests are due for the third quarter of 2023 in mid-October for both the Chrysler Pump Station Improvements (currently in construction) and for Menlo Park SAFER Bay. If the resolution is not approved, requests for reimbursement of project expenses would be delayed.

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. Designation of applicant’s agent resolution for non-state agencies Report prepared by:

Eric Hinkley, Associate Engineer
Report reviewed by:

Tanisha Werner, Assistant Public Works Director – Engineering City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-1.2

STATE OF CALIFORNIA RECOVERY DIRECTORATE

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION

DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES Cal OES ID No: _____________
OES-FPD-130 (Rev. 10-2022)

ATTACHMENT A

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES OF THE
(Governing Body) (Name of Applicant)
THAT

BE IT RESOLVED BY THE
, OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Rev. 10-2022 Page 1 of 4 OES-FPD-130
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STATE OF CALIFORNIA RECOVERY DIRECTORATE

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and
(Name)
of
(Title)
(Name of Applicant)
, do hereby certify that the above is a true and
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
OES-FPD-130
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Rev. 10-2022 Page 2 of 4

STATE OF CALIFORNIA RECOVERY DIRECTORATE

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

Rev. 10-2022 Page 3 of 4
Page H-1.5
OES-FPD-130

STATE OF CALIFORNIA RECOVERY DIRECTORATE

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.” Rev. 10-2022 Page 4 of 4 OES-FPD-130
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MENLO PARK
AGENDA ITEM H-2
Public Works

STAFF REPORT
City Council
Meeting Date:

Staff Report Number:
9/26/2023
23-212-CC
Consent Calendar: Authorize the Mayor to sign the City’s response to the San Mateo County Civil Grand Jury Report:
“Bike Safety in San Mateo County: Making Bicycling
Safer in the County”
Recommendation
Staff recommends that the City Council approve the City’s response to the San Mateo County Civil Grand Jury Report: “Bike Safety in San Mateo County: Making Bicycling Safer in the County” and authorize the Mayor to sign the letter (Attachment A).

Policy Issues
There are no immediate policy implications as a result of the City responding to the grand jury report regarding bicycle safety. The City is committed to advancing safe streets for all transportation modes, including bicycling, in accordance with the policies outlined in the City’s Circulation Element.

Background
Empowered by the state judicial system, the San Mateo County Grand Jury is a fact-finding body that makes specific recommendations on a wide range of topics to help improve local government operations.

On July 10, the 2022-23 San Mateo County Civil Grand Jury issued a report titled “Bike Safety in San Mateo County: Making Bicycling Safer in the County” (Attachment B). The City of Menlo Park, like all 20 jurisdictions in the County and the County of San Mateo, itself, is required to submit responses to the findings and recommendations included in the report pertaining to the matters over which it has some decision-making authority. The City Council’s response to the report is due no later than 90 days from the date the report is issued or Oct. 6. The governing body of each jurisdiction must approve the response at a public meeting.

Analysis
The City has an adopted Transportation Master Plan (TMP) that guides investments in all modes of transportation, including bicycling. The City is also developing a Vision Zero Action Plan (VZAP) that will help identify strategies to make travel safer for all modes of transportation, including bicycling.

The 2022-23 San Mateo Grand Jury Report identifies that bicycling is becoming a more important mode of transportation, creating an increased need to make bicycling safer across the County. The report presents a set of recommendations to improve bicycle education, improve communication about responsibility for bicycle safety across various city departments, conduct enforcement that leads to education, and improve reporting of bicycle collisions. The City’s response is included as Attachment A.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page H-2.1

Staff Report #: 23-212-CC
The City is committed to enhancing the safety of the transportation system using all relevant strategies, including investing in the new infrastructure, supporting education and encourage programs in schools, and conducting enforcement activities that are targeted at behaviors that produce the highest safety issues. The City staff collaborate across multiple departments to plan, design, and implement projects and programs that enhance the safety of people traveling on City streets.

Impact on City Resources
There is no impact on City resources.

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. City of Menlo Park response letter to San Mateo Civil Grand Jury Report B. San Mateo County Civil Grand Jury Report: “Bike Safety in San Mateo County: Making Bicycling Safer in the County”
Report prepared by:

Hugh Louch, Assistant Public Works Director – Transportation Chris Adair, Police Sergeant
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page H-2.2

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MENLO PARK

ATTACHMENT A
City Council
September 26, 2023
The Honorable Nancy L. Fineman
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center, 2nd Floor
Redwood City, CA 94063-1655
RE: Civil Grand Jury Report: “Bike Safety in San Mateo County: Making Bicycling Safer in the County”
Dear Honorable Judge Fineman,
Thank you for the opportunity to review and respond on the above-referenced Grand Jury Report filed on July 10, 2023. The City Council of the City of Menlo Park (City) voted at its public meeting on September 26, 2023 to authorize this response to the findings and recommendations of the report.

Response to Grand Jury Findings
F1. Bicycle policy and the approach to ensuring/improving bicycle safety is not consistent across San Mateo County due, at least in part, to:
• Topography
• Urban vs. suburban environments
• Types of bicyclists (commuter, recreational)
• Varying levels of enforcement of bicycle laws
• Differing knowledge of bicycle laws and safe practices.

City Response: The City agrees with finding F1.

F2. Bicycle ridership as an alternative means of transportation (e.g., commuting to work, school, or transit hubs, running errands) is not increasing due, at least in part, to perceived safety issues.

City Response: The City of Menlo Park partially disagrees with finding F2. The City is seeing increased rates of bicycling in recent years due to several causes – the pandemic, new bicycle infrastructure, and others. The City agrees that perceived safety issues remain a barrier for bicycling.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-2.3

2 F3. Bicycle accidents and incidents (such as near misses) are underreported, if reported at all.

City Response: The City agrees with finding F3. The City recommends replacing the word ‘accidents’ with ‘collisions’ to be consistent with a public health approach to transportation safety that does not accept collisions as a mistake that may be inevitable.

F4. Only bicycle accidents or incidents that trigger a 911 call are consistently logged in the State (SWITRS) database and law enforcement agencies do not log bicycle accident data consistently.

City Response: The City of Menlo Park agrees with finding F4.

F5. The amount of enforcement of laws, as they pertain to bicyclists and how motorists and bicyclists interact, is inconsistent due to other priorities (e.g., criminal enforcement and general automobile traffic) and the requirement that a citation can generally only be written if the violation is witnessed by an officer.

City Response: The City of Menlo Park agrees with finding F5.

F6. There is no official metric in San Mateo County and its cities to evaluate how safe it is to ride a bicycle.

City Response: The City of Menlo Park partially disagrees with finding F6. The City tracks a number of metrics for safety, including collisions and collision severity. These inform projects and programs. While not all collisions for bicyclists are captured, more severe collisions are more likely to be captured.

F7. Bicycle safety education, for the bicyclist, pedestrians and motorists, is not consistently offered across San Mateo County.

City Response: The City of Menlo Park partially disagrees with finding F7. The City of Menlo Park, in partnership with local schools, provides bicycle safety education, including in classroom and on bicycle training. The City’s Safe Routes to School Task Force has also been developing pedestrian safety educational materials. The City agrees that not all children receive this training and that adults do not consistently receive appropriate training, which is a statewide issue.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page H-2.4

3 F8. Communication between various entities with responsibility for bicycle safety, including Bicycle and Pedestrian Advisory Committees (BPACs), Law Enforcement, City Transportation Planning, and Public Works departments, is not formalized, resulting in inefficiencies, and missed opportunities (e.g., funding for improvements, shared bike safety education, or improving signage).

City Response: The City of Menlo Park partially disagrees with finding F8. The City of Menlo Park maintains regular communication channels between our Police Department and Public Works, including transportation planning, at both the management and staff level. Staff also coordinate with the City’s Complete Streets Commission (which serves as our local BPAC) on safety issues. The City agrees that more could be done on funding for improvements, bike safety education, signage, and other areas.

F9. City Bicycle and Pedestrian Master Plans or Active Transportation Plans, have not been adopted/created by all SMC cities
City Response: The City of Menlo Park partially disagrees with finding F9. The City of Menlo Park has an adopted Transportation Master Plan that incorporates bicycle and pedestrian master plan. The City is also aware of Countywide Active Transportation Plans and Plans from some nearby jurisdictions, but the City does not assess the status of plans in other jurisdictions.

Response to Grand Jury Recommendations
R1. By December 2023, all law enforcement agencies and the County Sheriff should submit bicycle related data to SWITRS monthly, and regularly post and update their websites with all reported bicycle accident data.

City Response: The recommendation has been implemented. The City reports crashes of all types to SWITRS, including bicycle collisions. The City has a public portal for crash records and dashboards that are used to present relevant trends and performance.

R2. By December 2023, all law enforcement agencies should begin sending warning letters to motorists for violations of the 3 ft. law.

City Response: The recommendation will not be implemented because it is not warranted or is not reasonable. Law enforcement agencies are only able to provide warnings or citations for violations that an officer witnesses. When a violation is witnessed, an officer can provide a direct warning (or citation). It would not be reasonable to also send a follow up letter given the greater value of the in person interaction and the lack of staffing to send letters.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page H-2.5

4 R3. By June 3, 2024, all law enforcement agencies should provide a means for citizens to report bicycle-related incidents that are not currently reported to law enforcement, similar to the SMC Sheriff’s Department Online Crime Reporting portal.

City Response: The recommendation has been implemented. The City uses ACT Menlo Park to report a wide variety of resident requests, including traffic safety concerns. Both residents and the Menlo Park Police Department Dispatch Unit use ACT to provide information that the Traffic Unit uses to inform decisions about specific enforcement actions. It would not be reasonable to set up a separate reporting tool given the significant additional resources that would be required.

R4. By June 3, 2024 each city, town, and unincorporated SMC should offer a bike safety education program for riders and motorists about the laws and safety facts related to bicycles on the road.

City Response: The recommendation will not be implemented because it is not warranted or is not reasonable. While adult bike safety education is needed, it is not reasonable for this to be the responsibility of municipalities. “Toward an Active California,” the Statewide Active Transportation Plan, identifies the need for improved bicycle and pedestrian education for all road users and includes a number of statewide actions. These types of education programs should not be the sole responsibility of individual municipalities. The City does sponsor youth bike safety education as part of the Safe Routes to School Program as described in our response to F7.

R5. By June 3, 2024, each city, town, and unincorporated SMC should update or generate a new Bicycle and Pedestrian Master Plan (or Active Transportation Plan) if their current plan is older than five years; consistent with the 2021 C/CAG San Mateo County Comprehensive Bicycle and Pedestrian Plan.

City Response: The recommendation will not be implemented because it is not warranted or is not reasonable. The City of Menlo Park adopted a Transportation Master Plan in November 2020. June 3, 2024 is less than 5 years from the completion of that plan. While this plan will need updates, these should not be required on a fixed schedule. For Menlo Park, a five-year update requirement could negatively impact the City’s ability to implement bicycle, pedestrian, and other safety improvement projects that are identified in the Transportation Master Plan. In addition, the City is currently developing a Vision Zero Action Plan that will provide a focused examination of safety issues for all road users. This will not be a comprehensive update of the City’s Transportation Master Plan, but will provide refined and new strategies and projects to enhance bicycle safety in Menlo Park.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page H-2.6

5 R6. By June 3, 2024, each city, town, and the county should apply (or reapply) online to generate the Bicycle Friendly Community Report Card.

City Response: The recommendation will not be implemented because it is not warranted or is not reasonable. The City of Menlo Park applied for renewal of our Bicycle Friendly Community status in 2023 and therefore already complies with this recommendation. However, the deadline for applications for 2023 has passed and the next deadline for applications will close on June 25, 2024, making it impossible for communities that have not applied or that need to apply for a renewal to meet the deadline.

R7. By February 1, 2024, the County should meet with cities within the County that are willing to participate, to consider establishing a regional effort that integrates the cities’ bicycle plans and to discuss how the cities and County could work together to apply for grant opportunities as a region.

City Response: The recommendation has been implemented. The City of Menlo Park routinely works with San Mateo County, neighboring jurisdictions, and regional partners (SamTrans, City/County Association of Governments, Metropolitan Transportation Commission) on transportation planning and project implementation.

If you have further questions, please contact Hugh Louch, Assistant Public Works Director, at [email protected] or 650-330-6741.

Sincerely,
Jen Wolosin
Mayor
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.gov Page H-2.7

ATTACHMENT B
Bike Safety in San Mateo County
Making Bicycling Safer in the County
Release Date: July 10, 2023
2022-23 San Mateo County Civil Grand Jury
Page H-2.8

“Biking is one of the few activities that checks all the boxes at once — it’s active, practical, social, sustainable, stress-relieving, fun, and is a great family activity. Biking has the unique ability to elevate the mundane — it turns errands into adventures. More people on bikes keeps our streets safer, our air cleaner and our communities better connected.” Sonia Elkes, 2021 Bike Champion of the Year for San Mateo County Bay Area Bike to Work Website “I often drive up Alpine Road near the Stanford golf course and I believe I would have a head-on crash with oncoming cars if I left a 3-foot margin between my car and the thoughtless bikers who ride out partially in the road. What is the best advice for that situation?” Comment on Bicyclists Can Now Report 3’ Rule Violations Online in The Almanac 5/12/2023. “On the afternoon of Monday, April 10, bicyclist Lester Legarda was fatally struck by a driver on Cañada Road, a rural route popular among walkers, equestrians, and bicyclists. Details of the crash scene suggest that the collision speed was high. One solution to prevent future tragedies along Cañada is tantalizingly simple — reduce the 50-mph speed limit. Sure, drivers will likely continue to exceed the speed limit. But just like the paint on the road that defines where drivers are supposed to drive, posted speed limits set expectations for acceptable driver behavior.” Reduce the speed limit on Canada Road San Mateo Daily Journal 04/20/23. 2022-2023 San Mateo County Civil Grand Jury 1
Page H-2.9

Bike Safety in San Mateo County: Making Bicycling Safer in the County ISSUE
As bicycle riding has become an ever more meaningful form of transportation, especially with the popularization of eBikes, the demand by County residents for safe micro-mobility solutions has soared. Are San Mateo County and its municipalities positioned to respond to safety concerns and meet those demands?

SUMMARY
Whether for commuting or recreational purposes, residents in every jurisdiction of San Mateo County (SMC), as well as from the surrounding Bay Area counties, use bicycles. Because bicycles are widely available, for some the only mode of getting to and from work and jobs, and ridden in every jurisdiction, bicycle safety has become an increasingly important issue for SMC and its cities and towns. Without greater focus on bike safety, the number of riders will remain low, because people will avoid bicycling when they don’t feel safe. The benefits of increasing bicycle riding are important to all residents of San Mateo County: reducing motor vehicles, healthy lifestyle and an inexpensive form of transportation. Accordingly, San Mateo County, and its cities and towns have a responsibility to make it safe for drivers and pedestrians, as well as bicyclists.

Due to differences in terrain, population density, and existing infrastructure, the 20 different municipalities and the unincorporated portions of the County have differing bicycle safety needs and requirements. Some cities are very hilly, making commuting to work, school, or transit stations nearly impossible. Others are more urban and accommodate many more commuting bicyclists. The County also has some areas that are primarily recreational biking destinations and areas that accommodate both commuting bicyclists and recreational bicyclists. As a result, each community also assigns a different level of importance to bicycle safety relative to other issues, such as crime, motor vehicle safety and public works improvement projects. And education and enforcement about bicycle laws varies from one jurisdiction to another.

Despite the differences among the jurisdictions, there are several commonalities. One is that cities and law enforcement do not consistently maintain records about bicycle near misses, accidents, or complaints; data is neither broadly available nor consistently maintained. Another commonality is that government entities focused on bicycling and/or improving bicycle safety do not communicate and collaborate with each other often enough, if at all. This makes it difficult to get accurate information on the number and severity of incidents and gauge how safe it is to bicycle in San Mateo County. Without data, and communication among the municipalities, San Mateo County and its cities and towns lose out on available state and local funding to improve bicycle safety through physical improvement projects.
2022-2023 San Mateo County Civil Grand Jury 2
Page H-2.10

To improve bicycle safety and thereby increase ridership, San Mateo County and its cities and towns need to:

1. Create effective ways to educate bicycle riders and motorists about bicycle rules of the road to enhance predictability.

2. Develop consistent communications among government organizations responsible for bike safety (e.g., between law enforcement and public works).

3. Conduct enforcement details in each jurisdiction to ensure enforcement leads to education.

4. Collect accurate data about accidents and incidents that is crucial to supporting and justifying grant applications and funding from State and local agencies for physical improvements to infrastructure for bicyclists (e.g., connectivity of bicycle routes from one city to another), needed signage, and other engineering improvements.

BACKGROUND
Why is bike safety an important topic?
Statistically, the safer a person feels riding a bike, the more likely they will use it as regular transportation; both as a commuter and a recreational user.

Fifty-three percent of Americans worry about being hit by a motor vehicle when riding a bicycle; 47% say they would be more likely to ride a bike if pathways were physically separated from motor vehicles.1
However, bicycle accident statistics, though better than in 1998, averaged 231 fatalities and injuries over the last ten years. The average was 203 fatalities the last three years, but the drop includes the pandemic shutdown and more people working from home. The source of the recent data is the California Statewide Integrated Traffic Records System (SWITRS2) database, managed by the California Highway Patrol. All law enforcement agencies are required to submit accident data to the database on a regular basis.

A 2002-2003 SMC Civil Grand Jury titled, Bike Safety in San Mateo County3, questioned whether San Mateo County and the cities adequately consider and support safe bicycle travel? At that time, it was estimated that 46% of Americans bicycle for pleasure and 300,000 County residents bicycle at least occasionally. Commuting by bicycle was less than 1% in the County.

That year’s Grand Jury found that bicycle infrastructure for safe travel needed improvement, but funding was an issue. It also found that communication and planning between the county and the cities on bicycle projects and safety could be improved. And that throughout SMC, bicycle safety was not a high priority. The primary recommendation of the report was the county, and all cities should develop a long-term strategic bicycle and safety plan. 1 People for Bikes: https://www.peopleforbikes.org/news/building-for-tomorrow 2 https://iswitrs.chp.ca.gov/Reports/jsp/logout.do 3 https://www.sanmateocourt.org/court_divisions/grand_jury/2002reports.php?page=02SMC-Bicycle.html 2022-2023 San Mateo County Civil Grand Jury 3
Page H-2.11

A few things have changed since then.

Over the years, the focus of cities and the county on improving bike and pedestrian forms of transportation has increased:
● Bicycle maps and routes are now generally available online. ● The City/County Association of Governments (C/CAG) updated their San Mateo County Comprehensive Bicycle and Pedestrian Plan in 20114 and 20215. ● California enacted Assembly Bill 1358, California Complete Streets Act of 20086 , requiring all cities and counties to include complete streets policies as part of any substantial revision to the circulation element of their general plans; and cities and the County have adopted these complete streets policies, noting these policies in their Bicycle and Pedestrian Master Plans, or Active Transportation Plans. ● SMC and most of its municipalities have created and consistently upgraded their Bicycle and Pedestrian Master Plans.
● Unincorporated San Mateo County has created an Active Transportation Plan7 (Active Transportation is a term often used to cover walking, bicycling, and other motorized devices as a primary mode of transportation).
● C/CAG, Unincorporated SMC and some cities have created Bike and Pedestrian Advisory Committees to address active transportation improvements, safety issues, and other citizen related requests.

Meanwhile, the number of bicyclists in San Mateo County has not increased since 2002, according to the California Household Travel Survey, which is regularly used for data on the number of bicyclists in a community, but is restricted to commuting.

The 2002 and 2012 surveys showed only 1% of SMC’s population rides bicycles as a form of transportation. Looking at the various municipalities’ Bicycle and Pedestrian Master Plans, and the surveys and counts discussed in the plans, bicycle commute ridership still hovers at approximately 1% within SMC.

It is important to note that the number of people in SMC using bicycles in lieu of a car has not increased in 20 years. This is in contrast to the estimated number of recreational bicyclists (46%) in SMC, who also use streets and bicycle paths and expect a safe ride8. 4 https://ccag.ca.gov/wp-content/uploads/2014/07/CBPP_Main-Report__Sept2011_FINAL.pdf 5 https://ccag.ca.gov/wp-content/uploads/2021/05/6_A1_San-Mateo-County-Comprehensive-Bicycle-andPedestrian-Plan-Update-Final-Plan.pdf 6 http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1351-1400/ab_1358_bill_20080930_chaptered.pdf 7 https://www.smcsustainability.org/livable-communities/active-transportation/unincorporated-smc-activetransportation-plan/ 8 https://ccag.ca.gov/wp-content/uploads/2021/05/6_A1_San-Mateo-County-Comprehensive-Bicycle-andPedestrian-Plan-Update-Final-Plan.pdf 2022-2023 San Mateo County Civil Grand Jury 4
Page H-2.12

However, even with roadway and signage improvements over the past 20 years, there is much San Mateo cities and the county can do to improve bicycle safety.

DISCUSSION
The merits of bicycle riding may seem self-evident, but a wide range of research reveals often surprising benefits to local economies, personal health, the environment, traffic congestion, and pedestrian safety that are unique to bicycle friendly communities.

Health Benefits
Bicycle riding contributes to both physical and mental health. Regular exercise such as cycling can help prevent heart issues9 such as stroke, heart attack, high blood pressure, and may also help prevent and manage type 2 diabetes.10 Riding a bicycle is good for cognitive health and emotional well-being and can ease feelings of stress, depression, or anxiety.11 All in all, bicycling for only 30 minutes a day reduces a person’s chances of diabetes, dementia, depression, colon cancer, cardiovascular disease, anxiety and high blood pressure by 40 percent 12 or more.

The World Health Organization has found that “If every adult EU citizen walked or cycled for 15 extra minutes per day, we’d have 100,000 fewer people dying prematurely, each year.”13 Environmental Benefits
Among the most obvious benefits of cycling is its benign effects on the environment. A solo driver in an average car releases about 1.1 pounds of CO2 per mile.14 A standard compact to midsize car that travels 12,000 miles will emit 11,000 pounds of CO2.15 The average car produces about 1.3 billion cubic yards of polluted air over the course of its lifespan plus worn tire particles, brake wear, and the emissions from other materials in the car also contribute to air pollution.16 Recent research in Europe found that traveling by bicycle instead of by car once a day decreases your transportation carbon footprint by 67%.17 9 https://www.hopkinsmedicine.org/health/wellness-and-prevention/exercise-and-the-heart 10 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4942105/ 11https://www.psychologytoday.com/us/blog/minding-the-body/201505/bicycling-can-sharpen-your-thinking-and-improve-yourmood 12 https://www.exerciseismedicine.org/assets/page_documents/EIMFactSheet_2014.pdf 13 https://ecf.com/news-and-events/news/walking-and-cycling-reduce-congestion 14 https://www.sharetheroad.ca/what-are-the-environmental-traffic-congestion-benefits-of-cycling--s16223 15 https://www.treehugger.com/cars-are-causing-air-pollution-we-breathe-new-study-finds-4856825 16 https://www.scholaradvisor.com/essay-examples-for-college/bicycle-helps-reduce-air-pollution/ 17 https://www.sciencedirect.com/science/article/pii/S1361920921000687 2022-2023 San Mateo County Civil Grand Jury 5
Page H-2.13

Traffic
As active transportation choices like walking and bicycling gain attention and popularity, researchers are beginning to investigate the role these travel modes can play in reducing traffic congestion.18 Studies show that measures taken to promote bicycling and walking have a positive effect on congestion.

Research in Washington, DC identified a causal effect of the presence of a bike-share station on traffic congestion. The result is a 2-to-3% reduction in traffic congestion that can be attributed to the bike-share station within the sample.19
Economic Benefits
Among the more surprising findings is the positive economic impact from an increase in bicycle usage but studies show that the bicycle-related economy creates jobs, economic activity, and cost savings.20
Bicycle trails and facilities have a positive, statistically significant impact on home values; a 2006 study in Minneapolis found that the median home values rose $510 for every quarter mile they were located closer to an off-street bikeway.21
Indianapolis’ Cultural Trail, an 8-mile network of separated bike and pedestrian lanes, has reinvigorated a number of struggling business districts and sparked a whopping $1 billion in increased property values.22
And in an era when streets and sidewalks across the county are in various states of disrepair, bicycle projects can significantly reduce the cost of maintaining and expanding our transportation systems.23 Even protected bicycle lanes are “dirt cheap to build compared to road projects,” says Gabe Klein, a partner at Fontinalis, a venture capitalist firm founded by Ford Motor Co. Chairman Bill Ford. Cities everywhere need to be more efficient about the money they spend to move people. "We need to get more use from the streets we already have.” Research indicates that investments in cycling infrastructure generate more jobs per dollar spent than investments in road-only infrastructure; cycling projects create a total of 11.4 local jobs for each $1 million spent while road-only projects create 9.6 jobs per $1 million.24 18 https://kawarthanow.com/2019/01/17/reduce-traffic-congestion-bikes-can-do-that 19 https://www.resources.org/archives/commentary-does-bicycle-infrastructure-reduce-traffic-congestion/ 20 https://railyards.com/blog/7-benefits-of-bike-friendly-communities 21 https://smartcity.press/bicycle-infrastructure-in-smart-city/ 22 https://indyculturaltrail.org/2015/07/23/economic-impact-figures-released/ 23https://www.aarp.org/livable-communities/getting-around/info-2016/why-bicycling-infrastructure-is-good-for-people-whodont-ride-bikes.html 24 https://www.sharetheroad.ca/what-are-the-environmental-traffic-congestion-benefits-of-cycling--s16223 2022-2023 San Mateo County Civil Grand Jury 6
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Bicycle friendly communities are important to millennial job seekers and functional bicycle infrastructures help companies attract talent. “States and cities are competing for the most mobile generation ever and so the job creators and the innovators are really pushing for these amenities.”25
Safety
The most comprehensive study of bicycle and road safety to date finds that building safe facilities for cyclists is one of the biggest factors in road safety for everyone. Bicycling infrastructure -- specifically, separated and protected bike lanes -- leads to fewer fatalities and better road-safety outcomes for all road users.26
Davis, CA was the first city to gain “platinum” status by the League of American Bicyclists and is often referred to as the “bicycle capital of America.” From 1996 to 2007, Davis only had nine fatal road crashes. Despite having the largest percentage of bike commuters in the United States, none of these accidents involved a bicyclist. With a fatal crash rate of less than 1.5 per 100,000 residents, far fewer people are killed on Davis’ roads than in the U.S. as a whole, which averaged

14.5 fatalities per 100,000 residents.

Portland, OR, another platinum bicycling city, saw a nearly 50% decrease in road fatalities as it increased its bicycle mode share from 1.2% in 1990 to 5.8% in 2000. Bike friendly communities are safer for all road users, no matter what type of transportation is being used.

Social Benefits
Finally, bicycle riding as an alternative to car travel is associated with a number of social benefits, including increased social interaction, social networks, and social capital.27 A bicycle rider has a completely different relationship with their environment than those who are cocooned in their cars.

When communities invest in bicycle infrastructure, everyone benefits. Overall, bicycle commuters are healthier and bicycle-friendly streets are safer for everyone on the road. Bicycle friendly communities reap economic benefits including more retail activity and increased home values. The evidence is clear: bicycling brings big benefits to communities who embrace it.

Status Today
Twenty years after the first San Mateo Grand Jury report, significant gaps remain in jurisdictions’ approach to bicycle safety:
25 https://railyards.com/blog/7-benefits-of-bike-friendly-communities 26 https://www.cnu.org/sites/default/files/marshallw_cnu18.pdf 27 https://www.peoplepoweredmovement.org/benefits-of-biking-walking/ 2022-2023 San Mateo County Civil Grand Jury 7
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● San Mateo County and its municipalities’ characteristics make it difficult to create a consistent approach to bicycle safety.
● The use of bicycle safety education as a tool to increase safety for bicyclists and motorists is underutilized Countywide.
● Communication and coordinated planning across city lines is the exception, rather than the norm. Reporting of bicycle-related incidents is inconsistent throughout the county. ● Enforcement of bicycle laws, for motorists and bicyclists, is inconsistent and not prioritized.

Bicycle Safety in San Mateo County Cities
Each city and town in San Mateo County is unique and has a different relationship with bicycle use and safety. These variations include:
● Topography
● Objectives and priorities re bicycles and ridership
● Safety Perception
● Infrastructure
● Impact of eBikes
● Role of enforcement in bicycle safety.

For example:

Woodside and Portola Valley: Woodside and Portola Valley are hill communities with narrow roads. Woodside has a very active Circulation Committee which keeps a close eye on large bicycling events in the community and Portola Valley is focused on managing bicyclists on the weekend. But in both cases, the communities concentrate on ensuring quality of life for residents. They both see mostly recreational bicyclists.

Woodside has invested as much as $1 million to ensure a “safe route to school” for the children. However, the communities don’t make a strong effort to track riders or accidents. In both communities the Sheriff’s Office, which is their policing arm, enforces rules at some problem locations, but not regularly.

Hillsborough: Hillsborough is a relatively insular community by nature of its location and topography. It has no commercial districts and is, to a large degree, rather hilly. The view on bicyclists is very much a neighborhood view: meaning the expectation is that if there are problems with bicyclists they are brought up by members of the neighborhoods.

The primary focus on any kind of organized bicycling safety activity is efforts to teach children bicycle safety and safe routes to school at the beginning of the school year.

Belmont: Until quite recently, the City has been completely focused on ensuring that the community is comfortable for single family dwellings. However, areas close to El Camino Real are more commercial and have denser housing. The community now has both recreational and commuting bicyclists using the roads. While Belmont does have a bicycle master plan and holds an annual bike safety program for children and teenagers, 2022-2023 San Mateo County Civil Grand Jury 8
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more needs to be done. The City needs to obtain funding from external Federal, State and County sources to do more.

Half Moon Bay: Possibly more than any other community in San Mateo County, Half Moon Bay has a sophisticated, complex relationship with bicyclists. On the one hand, Half Moon Bay attracts many visitors -- both vacationers and visitors from other Bay Area communities; and on the other hand, it has a robust population of residents who use their bicycles to get to work, school, and stores. Moreover, while Half Moon Bay has many surface streets, it is dominated by Highways 1 and 92 which have many challenging safety issues. As a result, the community has a bicycle master plan that focuses on bicycle safety and traffic planning. Despite this very proactive approach, the City deals with sometimes devastating safety issues. However, it appears that concern for bicycle safety is shared by many of the participants in the community.

San Mateo: The City of San Mateo updated its bicycle master plan in 2020. As a result, the City has focused on a variety of contemporaneous issues. These include working to develop a roadway network which could accommodate both bicycles and other types of active transportation. The City believes that it still skews toward recreational bicycling but is finding that more people want to use bicycles as a way of getting around. The master plan covers some education issues such as safe routes to school and safe bicycling for seniors. The plan does not talk about safety per se but addresses it from the vantage point of education. Though the City is focused on these matters it still recognizes that there's more education to be done about the rules of the road for bicyclists.

Unincorporated San Mateo County: Large areas of San Mateo County are small towns, private land, and open space, bisected, primarily, by two lane roads and highways. To address bicycle safety in these areas, the county created the Unincorporated San Mateo County Bicycle and Pedestrian Committee. Though there is no explicit Bicycle and Pedestrian Master Plan, they do contribute to the SMC Active Transportation plan. The Committee makes recommendations regarding bicycle and pedestrian related grants, but expressed frustration with money not being shared equitably. Additionally, the Committee inputs bicyclist’s feedback. They are concerned with the number of incidents between motorists and bicyclists that are not addressed by law enforcement. The Committee has been working with the County Sheriff to address the problem.

These are just a few examples of San Mateo County and its municipalities' approach to bicycle safety. But because the communities are so diverse, thinking about bicycle safety needs to be broad-minded.

Bicycle Safety Education in SMC: Not just for cyclists
Since bicycle safety is crucial to encouraging bicycle usage, it follows that bicycle safety education is an essential component of the bicycle safety equation. 2022-2023 San Mateo County Civil Grand Jury 9
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According to the US Department of Transportation: “Educating people about safe bicycling and walking, enforcing laws that make it easier and safer for people to bicycle and walk, and encouraging people to bicycle and walk, may help increase walking and bicycling activity, especially when combined with infrastructure improvements.”28 Moreover, as noted on the National Highway Traffic Safety Administration’s Bicycle Safety web page, “A large percentage of crashes can be avoided if motorists and cyclists follow the rules of the road and watch out for each other.”29
In San Mateo County, much of the focus on bicycle safety and bicycle safety education is focused on ensuring safe routes to schools for children. Several communities, as detailed below, have much more comprehensive approaches to bicycle safety education in their Bicycle and Pedestrian Master Plans. Here are some examples:
● Burlingame (Excerpt from the Bicycle and Pedestrian Master Plan) Policy 11: Educate people walking, bicycling, and driving, and the general public about roadway safety and the benefits of bicycling and walking.

11.1: Support the continuation and expansion of bicycle safety education programs such as those taught by Silicon Valley Bicycle Coalition and the San Mateo County Office of Education.

Policy 12: Encourage Burlingame public schools to participate in the Safe Routes to School program organized by the San Mateo County Office of Education. ● Brisbane’s Master Bicycle and Pedestrian Plan examples:
“Policy 4.A.5: Provide support for programs that educate drivers, bicyclists and pedestrians about their rights and responsibilities, as well as traffic education and safety programs for adults and youth.”
“Programs support bicycling and walking by providing encouragement to those considering bicycling and walking, education for motorists, bicyclists, and pedestrians about safe and appropriate sharing of streets and roads, and enforcement of traffic laws that help ensure the safety of vulnerable road users.”
● County Sheriff:

The San Mateo County Sheriff’s office publishes a pamphlet, Bicycle Safety30, on the California Vehicle Code sections related to bicycle safety. One City, Woodside, references this document, which could be used by all cities, schools and police 28 https://safety.fhwa.dot.gov/ped_bike/ped_focus/docs/fhwasa17050.pdf 29 https://www.nhtsa.gov/road-safety/bicycle-safety
30 https://www.woodsidetown.org/sites/default/files/fileattachments/community/page/33495/bicycle_safety.pdf 2022-2023 San Mateo County Civil Grand Jury 10
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departments to improve bicycle safety education. However, the document is not available on the SMC Sheriff website.
● City of San Mateo:

San Mateo has some support for bicycle use and safety on its City website. The pages are listed in the table below.

EXISTING
Support Program Description Webpage
Bicycle Webpage There is brief text about bike
routes and using a bike with
public transport on the City’s
webpage
http://www/cityofsanmateo.org/
2125/Parking-andTransportation
Bicycle Education
Events
The city’s Public Works
Department hosts an annual
bike rodeo
http://www.cityofsanmateo.org/
3736/Bike-Rodeo
Moving to Excellent Bike Safety Education in all SMC Cities Overall, the approach to bicycle safety education in SMC communities is inconsistent. Several of the master plans recognize that bicycle safety education is about teaching motorists and cyclists of all ages about the guidelines for bicycle safety. Other communities either don’t focus much on education or are focused exclusively on “Safe Routes to School”.

Nonetheless, there are a handful of programs identified in the table below that creatively address bicycle safety, which San Mateo County and its municipalities should consider adopting. 2022-2023 San Mateo County Civil Grand Jury 11
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RECOMMENDED FOR ALL SMC CITIES
Support Program Description Webpage
Establish child and
adult education
programs
Identify and implement
education programs for
children and adults that build
bicyclists’ confidence, done
in coordination with the Parks
and Recreation Department,
Police or Local Schools.
https://www.portlandoregon.go
v/transportation/article/565224
http://www/cityofsanmateo.org/
2125/Parking-andTransportation
Establish Safe
Routes to School
Funding
Establish a stable funding
source for Safe Routes to
School programming
https://www.metro.net/projects/
sr_ts/fund-your-program
Implement and
promote
demonstration
projects
Implement short-term, highvisibility bicycle
demonstration or ‘pop-up’
projects to serve as models
that can be applied throughout
the city. Market bicycle
safety.
https://transportation.bellevuew
a.gov/UserFiles/Servers/Server
_4779004/File/Transportation/P
ublications/PBII_Demo%20Bik
eway%20Brochure_20180205.
pdf
Provide safety
education program
for users of all
modes
Provide safety education
programs or communications
campaigns for people driving,
bicycling, walking, and using
micro mobility devices that
encourage safe travel
behaviors.
http://www.pedbikeinfo.org/
Create a robust Develop and maintain a https://www.metro.net/riding/g bicycling webpage content rich mobility
webpage(s) on the
County/City website and
communicate how to reach
city destinations by bike, on
foot or on micro-mobility
devices. Include information
on these transportation
options.
o-bike
http://www/cityofsanmateo.org/
2125/Parking-andTransportation
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Bicycle & Pedestrian Master Plans and Advisory Committees: Planning Across the County The 2002 SMC Grand Jury Report recommended that all municipalities create Bicycle and Pedestrian Master Plans. As a best practice, the municipalities were encouraged to form Bicycle and Pedestrian Advisory Committees.

To date, almost all San Mateo County jurisdictions or cities have Bicycle and Pedestrian Master Plans, or Active Transportation Plans. Most, if not all of these plans, align with recommendations from the 2011 C/CAG’s San Mateo County Comprehensive Bicycle and Pedestrian Plan. The 2021 update of C/CAG’s plan enhances and adds to the 2011 C/CAG San Mateo County plan, but most of the cities and towns have not updated their plans to be consistent with the 2021 plan. (See Appendix D for a complete list of San Mateo County’s Bicycle & Pedestrian Master Plans.)
The cities’ bicycle and pedestrian master plans help each city by identifying strategies to improve bicycle and pedestrian safety. The plans recommend improvements for roadway connectivity for bicyclists and pedestrians, within each city as well as with neighboring cities.

Numerous plans reference the Silicon Valley Bicycle Coalition and the League of American Bicyclists (LAB) as organizations that have certified instructors for bicycle safety education. At least several of the plans also discuss the LAB Bicycle Friendly Community Report Card to which five SMC cities and San Mateo County belong. The plans list potential State and Federal funding for projects that improve safety and roadway connectivity and make clear the importance of annually evaluating and tracking progress against objectives.

However, in SMC, County committees and municipalities do not always work together to generate consistent plans that meet C/CAG’s goal for a Countywide bicycle backbone. Though C/CAG does have an advisory committee which includes representatives from municipalities, it does not have control over what individual municipalities decide to do regarding grant applications, infrastructure projects for better bicycle and pedestrian safety and education initiatives. If the municipalities endeavored to work together to prioritize projects and programs that are consistent with C/CAG’s priorities, it would benefit all of San Mateo County, especially with respect to providing north-south connectivity between municipalities.

Metrics: If you don’t measure it, you can’t improve it.

One important measure of bicycle safety is arriving safely at a destination. This is usually reflected in the negative; that is, the number of fatalities and injuries during a calendar year versus the number of successful bicycle trips.

In San Mateo County, the cities and county rely heavily on data supplied to the California Highway Patrol (CHP) to state the number of fatalities and injuries. The CHP then maintains a database, SWITRS (California Statewide Integrated Traffic Records System), which is accessible 2022-2023 San Mateo County Civil Grand Jury 13
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to the public. And, UC Berkeley maintains a website, TIMS31 (Transportation Injury Mapping System), which can further refine the raw data from SWITRS.

However, relying on this data to evaluate Bicycle Safety is problematic.

Law enforcement agencies in the County submit their bicycle accident data to SWITRS based on incidents that result in fatality or injury. However, there are bicycle accidents resulting in injury which don’t make it into SWITRS because law enforcement is not called. Some examples are bicyclists being forced off the road by motor vehicles, collision near misses and, of course, bicyclist error. Consequently, the actual number of bicycle accidents is underreported and, more importantly, the list of accident locations is not complete. Cyclists that have an incident that does not involve either the police or the fire department do not have a consistent means to log their experience. That data goes unreported. And this goes both ways; there is no means for a motorist to complain about bicycle riders’ unsafe behavior.

Countywide there is no uniform metric to measure Bicycle Safety. Without such a measure, it’s impossible to assess progress while building infrastructure, enforcing laws, and educating everyone in safety principles.

An obvious metric is bicycle accidents as recorded by SWTRS and online reports, but there is another metric which evaluates the complex equation that results in safe bicycling: Bicycle Friendly America Certification32.

The League of American Cyclists is a national organization dedicated to creating “safer roads, stronger communities and a Bicycle Friendly America for everyone.” This is a grassroots organization dedicated since 1880 to protecting the right to safe and enjoyable bicycling. A valuable achievement of this organization is establishing the Bicycle Friendly America (BFA) certification for cities and counties. This consists of a very detailed application33 that a city or county official fills out to get a comprehensive rating of bicycle safety. BFA defines bicycle safety using 5 E’s:
● Equity and Accessibility: A bicycle-friendly America for everyone ● Engineering: Creating safe and creative places to ride and park ● Education: Giving people of all ages and abilities the skills and confidence to ride ● Encouragement: Creating a strong bike culture that welcomes and celebrates bicycling ● Evaluation and Planning: Planning for bicycling as a safe and viable transportation option [Note that Enforcement, a common element in the 5 E’s of safety, is not included in the BFA definition.]
31https://tims.berkeley.edu/summary.php?showArea=city&expandTables=false&injury=3&yearRange=3&showMap =crashes
32 https://bikeleague.org/bfa/
33 https://bicyclefriendly.secure-platform.com/a/organizations/main/home 2022-2023 San Mateo County Civil Grand Jury 14
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The application covers the BFA 5 E’s and investigates what it calls the 10 building blocks of a Bicycle Friendly Community (BFC). Finally, the rating includes steps to reaching the next level of excellence. Oakland in 2022, for example, received a GOLD rating Report Card34 having been BRONZE in 2010 and SILVER in 2014. The following cities and SMC have received the following ratings:
● Menlo Park35: GOLD: 2017
● Redwood City36: BRONZE: 2016
● San Carlos37: BRONZE: 2016
● San Mateo38: BRONZE: 2016
● South San Francisco39: BRONZE: 2018
● San Mateo County40: BRONZE: 2016
The BFC Report Card is a valuable metric that all cities and the County should make use of. If SMC cities develop the information necessary to answer objective and comprehensive questions about bicycle safety, each jurisdiction would have a consistent metric that can be used to measure bicycle safety progress across the County.

Law Enforcement and Bicycle Safety
Laws regarding the operation of bicycles are in the California Vehicle Code (CVC), but in general, bicycles are governed by the same rules of the road as motor vehicles.

SMC law enforcement organizations are concerned that there is currently no way for them to track bicycle, pedestrian, and vehicle accidents, from near misses to actual contact, that did not require police involvement. And, even if an incident or infraction is reported, an officer may or may not go out to speak with the complainant.

Other than the initial report, there is no single repository in SMC to store and retrieve information regarding bicycle-related citations or enforcement of bicycle law so it can be used in the future.

And perhaps most importantly, the enforcement of laws, regarding motorists and bicyclists, is inconsistent due to competing priorities and the requirement that a citation requires an incident be witnessed by an officer.
34 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2022_ReportCard_Oakland_CA.pdf 35 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2017_ReportCard_Menlo_Park_CA.pdf 36 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Spring_2016_ReportCard_Redwood_City_CA.pdf 37 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2016_ReportCard_San_Carlos_CA.pdf 38 https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2016_ReportCard_San_Mateo_CA.pdf 39https://bikeleague.org/sites/default/files/bfareportcards/BFC_Fall_2018_ReportCard_South_San_Francisco_CA.p df
40https://bikeleague.org/sites/default/files/bfareportcards/BFC_Spring_2016_ReportCard_San_Mateo_County_CA.p df
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Conflicting Priorities
Law enforcement prioritizes assets based on the needs of the community, as well as their operating budget, when it comes to providing services. While public and political prioritization of bicycle safety issues may come up from time to time, calls for service are always prioritized.

This results in minimal officer resources dedicated to bicycle safety.

Police forces will:
● Focus resources or staff on bicycle safety, if there is an uptick in accidents at a particular location, citizen requests/calls, or requests from a jurisdiction’s public works or traffic departments to focus on certain locations; or
● Provide teams to schools and special events for bicycle safety education ● Much less often, assign their police officers to bicycle safety duty exclusively (some police departments do have officers that patrol on bicycles).

In addition, law enforcement agencies do not always enforce eBike laws, but this is mostly due to the popularity of eBikes being ahead of law enforcement policies.

Because of these conflicting priorities, and limited staff, enforcement of bicycle laws pertaining to motorists as well as bicyclists appears to be underreported.

Policing Bicycles and eBikes
Law enforcement departments in the county are very aware of the importance of bicycle safety.

Common sense says people generally want the streets to be safe for motor vehicles which translates to most officer resources going to motor vehicle enforcement.

It’s possible that safer bicycle riding could lead to fewer cars and free up police resources for more pressing issues.

The New 3’ Law for Motorists and Bicycles
In January 2023, California amended the California Vehicle Code (CVC). The new law (AB. 1909) requires all motorists to give a bicyclist three feet of clearance when passing on the lefthand side of the bicyclist or (depending on the width of the road) reduce speed appropriately, when passing. (See CVC: 21750 (b) (c) (d)). This is particularly crucial on narrow two-lane roads where there are many reports of bicyclists being forced off the road or hit by motor vehicles.

Hampering the situation is the requirement that a citation can only be written if the incident is witnessed by the officer. With the advent of helmet-worn cameras, cyclists have attempted to record these incidents with the hope that the recording can be used as “visual evidence”. But this evidence, post incident, cannot be used to issue a citation.

The San Mateo County Sheriff’s Department recently announced it will allow the public to submit these incidents on the Sheriff’s website.41 These reports have since resulted in the 41https://www.almanacnews.com/news/2023/05/12/bicyclists-can-now-report-3-foot-rule-violations-online-in-sanmateo-county 2022-2023 San Mateo County Civil Grand Jury 16
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department sending a violation letter to the offending motorist; this is not a citation. However, only incidents that occur in unincorporated San Mateo County, Woodside, Portola Valley, San Carlos, Half Moon Bay, and Millbrae can use this online resource.

Citations vs. Reprimands for Education Purposes:

It is at the officer’s discretion, when addressing a law infraction, to issue a citation or give a reprimand. One advantage of a reprimand is that it creates an opportunity to educate. With officers focusing on education, these brief encounters, cumulatively, can do a lot to improve bicycle safety, for bicyclists and motorists. But only if these reprimand stops are recorded officially can an accurate picture of bicycle safety be established.

FINDINGS
F1. Bicycle policy and the approach to ensuring/improving bicycle safety is not consistent across San Mateo County due, at least in part, to:
a. Topography
b. Urban vs. suburban environments
c. Types of bicyclists (commuter, recreational)
d. Varying levels of enforcement of bicycle laws
e. Differing knowledge of bicycle laws and safe practices.

F2. Bicycle ridership as an alternative means of transportation (e.g., commuting to work, school, or transit hubs, running errands) is not increasing due, at least in part, to perceived safety issues.

F3. Bicycle accidents and incidents (such as near misses) are underreported, if reported at all.

F4. Only bicycle accidents or incidents that trigger a 911 call are consistently logged in the State (SWITRS) database and law enforcement agencies do not log bicycle accident data consistently.

F5. The amount of enforcement of laws, as they pertain to bicyclists and how motorists and bicyclists interact, is inconsistent due to other priorities (e.g., criminal enforcement and general automobile traffic) and the requirement that a citation can generally only be written if the violation is witnessed by an officer.

F6. There is no official metric in San Mateo County and its cities to evaluate how safe it is to ride a bicycle.

F7. Bicycle safety education, for the bicyclist, pedestrians and motorists, is not consistently offered across San Mateo County.

F8. Communication between various entities with responsibility for bicycle safety, including Bicycle and Pedestrian Advisory Committees (BPACs), Law Enforcement, City Transportation Planning, and Public Works departments, is not formalized, resulting in inefficiencies, and missed opportunities (e.g., funding for improvements, shared bike safety education, or improving signage).
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F9. City Bicycle and Pedestrian Master Plans or Active Transportation Plans, have not been adopted/created by all SMC cities.

RECOMMENDATIONS
R1. By December 2023, all law enforcement agencies and the County Sheriff should submit bicycle related data to SWITRS monthly, and regularly post and update their websites with all reported bicycle accident data.

R2. By December 2023, all law enforcement agencies should begin sending warning letters to motorists for violations of the 3 ft. law.

R3. By June 3, 2024, all law enforcement agencies should provide a means for citizens to report bicycle-related incidents that are not currently reported to law enforcement, similar to the SMC Sheriff’s Department Online Crime Reporting portal.

R4. By June 3, 2024 each city, town, and unincorporated SMC should offer a bike safety education program for riders and motorists about the laws and safety facts related to bicycles on the road.

R5. By June 3, 2024, each city, town, and unincorporated SMC should update or generate a new Bicycle and Pedestrian Master Plan (or Active Transportation Plan) if their current plan is older than five years; consistent with the 2021 C/CAG San Mateo County Comprehensive Bicycle and Pedestrian Plan.

R6. By June 3, 2024, each city, town, and the county should apply (or reapply) online to generate the Bicycle Friendly Community Report Card.

R7. By February 1, 2024, the County should meet with cities within the County that are willing to participate, to consider establishing a regional effort that integrates the cities’ bicycle plans and to discuss how the cities and County could work together to apply for grant opportunities as a region.

REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Civil Grand Jury requests responses from the San Mateo County Board of Supervisors, County Sheriff and all 20 cities and towns’ governing bodies for each Finding and Recommendation.

The governing bodies should be aware that their comments or responses must be conducted subject to the Brown Act's notice, agenda, and open meeting requirements.

RESPONSE REQUIREMENTS
California Penal Code Section 933.05, provides (emphasis added):
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
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(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.
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METHODOLOGY
The Grand Jury used a variety of tools to obtain information regarding bicycle riding and safety in San Mateo County:
● Documents: The Bike and Pedestrian Master Plans that cities use to explain approaches to planning, prioritizing projects, and re-engineering their communities to make riding and walking easier and safer. These documents came with a variety of titles:
o Bike and Pedestrian Master Plans
o Active Transportation Plans
o Micro-Mobility Plans
o Transportation Plans
● Internet: Almost all the historical and current information (including the availability of documents) regarding bicycle safety came from internet searches. Information from those searches was verified.
● Survey: The Grand Jury sent a survey in December 2022 using Google Forms to understand whether the cities believe eBikes were an issue in their communities. The results helped in defining the broader issue of bicycle safety. o The survey questions and results are in Appendix A.
o Participants: The survey was sent to all the cities in SMC and, specifically, the City Managers. Many chose to have the chief of police of their city fill out the survey. Two cities did not respond to the survey.
● Interviews: The survey helped the Grand Jury develop a list of individuals for interviews. The questions for the interview came as a result of the investigation’s pivot to the state of bicycle safety in San Mateo County as a general topic. o Participants:
▪ Cities: Belmont, Daly City, Half Moon Bay, Hillsborough, Pacifica, Portola Valley, San Mateo, Woodside
▪ Unincorporated San Mateo County
▪ Police Departments: Burlingame, Foster City, Hillsborough, Redwood City, South San Francisco
▪ Sheriff of SMC
▪ BPACs: CCAG, Unincorporated SMC
▪ CyclistVideoEvidence.com: Craig Davis
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GLOSSARY
3 ft. Rule – Motorists must yield at least 3 feet between their vehicle and a bicyclist on all roadways. This rule was amended by State legislation through Assembly Bill 1909, approved by the Governor in 2022, and commencing January 2024. Additionally, this bill requires a vehicle that is passing or overtaking a vehicle to move over to an adjacent lane of traffic, as specified, if one is available, before passing or overtaking the bicycle.

Active Transportation - A means of getting around that is powered by human energy, primarily walking and bicycling.

BFA – Bike Friendly America. A program sponsored by the League of American Bicyclists to evaluate communities with respect to their support for bicycling. As of December 2022, 501 communities are certified.

BFC – Bike Friendly Community. A Bike Friendly Awards Report Card that is given to a community that applies for a ranking (i.e., Bronze, Silver, Gold, Platinum).

BPAC – Bicycle and Pedestrian Advisory Committee
CATSIP – California Active Transportation Safety Information Pages. An online resource for improving pedestrian and bicycle safety in California. This site is administered by UC Berkeley Safe Transportation Research and Education Center (SafeTREC)42. Funding for this program was provided by a grant from the California Office of Traffic Safety43, through the National Highway Traffic Safety Administration (NHTSA).

C/CAG – City County Association of Governments of San Mateo County Bicycle Roadways
● Bike paths (Class I): also termed shared-use or multi-use paths, are paved rights-of-way for exclusive use by bicyclists, pedestrians and those using non-motorized modes of travel. They are physically separated from vehicular traffic and can be constructed in roadway rights-of-way or exclusive rights-of-way. Bike paths provide critical connections in the city where roadways are absent or are not conducive to bicycle travel. ● Bike lanes (Class II): are defined by pavement striping and signage used to allocate a portion of a roadway for exclusive or preferential bicycle travel. Bike lanes are one-way facilities on either side of a roadway. Whenever possible, bike lanes should be enhanced with treatments that improve safety and connectivity by addressing site-specific issues, such as additional warning or wayfinding signage.
● Bike routes (Class III): provide shared use with motor vehicle traffic within the same travel lane. Designated by signs, bike routes provide continuity to other bike facilities or designate preferred routes through corridors with high demand. Whenever possible, bike 42 http://safetrec.berkeley.edu/
43 http://www.ots.ca.gov/
2022-2023 San Mateo County Civil Grand Jury 21
Page H-2.29

routes should be enhanced with treatments that improve safety and connectivity, such as the use of "Sharrows" or shared lane markings to delineate the road as a shared-use facility.
● Cycle tracks (Class IV): Also referred to as protected bikeways, are exclusive bike facilities that combine the user experience of a separated path with the on-street infrastructure of a conventional bike lane. A cycle track is physically separated from motor traffic and distinct from the sidewalk. The separation may be in the form of posts, parked cars or a combination of both.
eBike – motorized bicycle that comes in three different classes:
● Class I: Bicycle equipped with a motor that aids only when pedaling and ceases when 20 mph is reached.
● Class II: Same capability as a Class 1 eBike with a throttle-actuated motor. No pedaling required when operated with the throttle.
● Class III: Bicycle equipped with a motor that aids only when pedaling and ceases when 28 mph is reached.

GJ – Grand Jury
MTC – Metropolitan Transportation Commission is the transportation planning, financing, and coordinating agency for the nine-county San Francisco Bay Area.

SHARROW – Sharrows are pavement markings that have been installed on city streets to provide guidance for both bicyclists and vehicles on roadways when sharing the road.

SMC ATP: San Mateo County Active Transportation Plan is a comprehensive framework to guide the development of active transportation projects and programs for walking, bicycling, and other forms of human powered movement for people of all ages and abilities throughout unincorporated County communities.

SWITRS – California Statewide Integrated Traffic Records System.

TIMS – Transportation Injury Mapping System developed by the Safe Transportation Research & Education Center at the University of California, Berkeley.

TR-INST Form – Notice to Appear form used by law enforcement for law infractions. 2022-2023 San Mateo County Civil Grand Jury 22
Page H-2.30

APPENDIX A: Bicycle Safety Best Practices
Bicycle Education Best Practices
There are two excellent examples of California communities that are investing in Bike Safety education: Davis and San Diego.

San Diego Bike Coalition:

This is an excellent reference tool to see all the kinds of bicycle safety education that can be offered and the resources that can be used to teach those courses. Again, the classes range from those for a variety of ages of bicyclists, basic bicycling, bicycle friendly motorist safety, and others.
https://sdbikecoalition.org/our-work/education/
Davis, California:

The City of Davis, CA, which is one of the leading bicycle communities in the US, has several pages of information about bike safety education on its website. https://www.cityofdavis.org/city-hall/public-works-engineering-and-transportation/bikepedestrian-program Two Cities Committed to Bicycling: Portland, Oregon and Davis, California Portland and Davis have become famous for their commitment to supporting bicycling, not only as recreational, but also as a true commuter alternative to motor vehicles and public transportation. Both have received the Platinum rating for a Bicycle Friendly Community from The League of American Bicyclists, while being quite different communities.

Portland is a large city of 622,000 residents with similar topography to the linked San Mateo County cities along El Camino Real: hilly and flat lands, urban centers, urban neighborhoods, suburbia, and major freeways. Portland advertises itself as “Bicycle Friendly” and claimed the highest percentage of bike commuters in US large cities in 2019 at 6% (Portland does annual bike ride census counts). Portland started investing in bicycle infrastructure with the acceptance of the 1973 Portland Bike Plan and the formation of a Bicycle Advisory Committee within the City Transportation Department. Since then, it has created:
● 385 miles of bikeways
● 36 miles of protected bike lanes
● A pedestrian and bicycle only bridge over the Willamette River and protected bike lanes on other bridges
● Intersections with bicycle specific traffic signals
2022-2023 San Mateo County Civil Grand Jury 23
Page H-2.31

● Bicycle boxes44 at intersections to raise the visibility for motorists turning right ● A Safe Routes for Schools serving 100 schools
● 6500 bike racks to meet increased demand for safe stow of bicycles ● 3 bicycle plans over 40 years that establish policy, goals and a bikeway network ● $60 M spent to 2008 on bicycle infrastructure (one mile of installed freeway costs $60M) Portland’s safety record is very good for a large city: 4.3% of all traffic injury accidents from 2015-2019 are bicycle related. In comparison, San Francisco’s number is 14% for the same period. Portland also does better than San Mateo County (8%) and a representative city, Redwood City (10%).

Davis in California is a small city between San Francisco and Sacramento with a population of 66,800. It has earned a nationwide reputation for supporting bicycles in its community (there is a bicycle on the city logo). The topography of Davis could not be flatter and more conducive to bicycle riding. The current statistics indicate that 20% of Davis’s population commutes on bicycles. In 1967, Davis was the first community in the US to develop dedicated bicycle lanes (a total of 4!). The origins of this project were a couple that had visited the Netherlands, often cited as the most bicycle friendly nation in the world. They were so impressed with the bicycle infrastructure that they started a grassroots movement in Davis to promote safe bicycle riding.

The group had to overcome CA law that did not support bike lanes on city streets, but once the law was revised, Davis proceeded to create bicycle infrastructure throughout the City:
● 63 miles of pathways
● 102 miles of bike lanes
● 75% of roads have a posted speed limit of 25 mph
● Of the 169 miles in the road network, 140 miles of roads are posted at 25 mph or less., 21 miles of roads are posted at between 25 mph and 35 mph, and 8 miles of roads posted over 35 mph
● 1 mile of bicycle boulevards
● 1 mile of cycle track
● 4 miles of buffered bike lanes
● 4,300 bike racks within the City and over 2,000 bike racks downtown ● 25 grade separated crossings. Four overpasses and 21 underpass crossings. Gradeseparated crossings are used to move people on bikes and pedestrians over and under barriers like railroad tracks, busy roads, and the freeway.

Davis’s bicycle accidents with injury (and fatalities) are high for a city of its size. However, the number of total accidents with injury is also very low compared to cities of comparable size. For 44 https://nacto.org/publication/urban-bikeway-design-guide/intersection-treatments/bike-boxes/ 2022-2023 San Mateo County Civil Grand Jury 24
Page H-2.32

example: in 2019 there were 60 bicycle accidents with injury and 221 total vehicle injury accidents resulting in 27% of all vehicular accidents involving a bicycle. Redwood City’s number is 4.8%, but their number of bicycle commuters is less than 1%. If you look at the percentage of accidents with respect to the biking population for 2019, Davis’s percentage is .4% and Redwood City’s percentage is 2.4%. Davis’s safety statistics are very good, given the number of bicycle riders.

Both Portland and Davis are renowned environments for bicycle riders because they committed early to bicycle infrastructure and consistently improved it over the years. The city government and the school systems actively support bicycle education. Both cities conduct counts to determine bicycle use. They are both advocates of the Vision Zero policy to reduce accidents and fatalities. They use the Bicycle Friendly Community evaluation process to assess their progress towards their bicycle plans and goals.

Disclosure: Portland, beginning in 2020, noted a decline in bicycle commuter percentages.

Thinking it was an aberration of the pandemic shutdown, it continued to do annual bike counts.

As of 2022, its percentage had gone down to 3.1%. The current theory of why there has been a decline is assumed to be the increase of work from home. Regardless, Portland continues to make improvements to its bicycle infrastructure and safety. 2022-2023 San Mateo County Civil Grand Jury 25
Page H-2.33

APPENDIX B: San Mateo County Bicycle and Pedestrian Master Plan List Jurisdiction Year Name of Report Link to Report
Atherton Jul 2014 Town of Atherton Bicycle
and Pedestrian Master Plan
https://www.ci.atherton.ca.us/Docume
ntCenter/View/1381/AthertonBPMP_Proposed-Final-July2014?bidId= Belmont Nov 2016 City of Belmont
Comprehensive Pedestrian &
Bicycle Plan
https://www.belmont.gov/home/show
publisheddocument/14951/636179086
799900000
Brisbane Feb 2017 Brisbane Pedestrian and
Bicycle Master Plan
https://www.brisbaneca.org/sites/defa
ult/files/fileattachments/public_works/
page/149/bikepedmasterplanappendic
es.pdf
Burlingame Dec 2020 City of Burlingame Bicycle
and Pedestrian Master Plan
https://www.burlingame.org/business
_detail_T54_R154.php
Colma Feb 2021 Colma El Camino Real
Bicycle and Pedestrian
Improvement Plan
https://www.colma.ca.gov/documents/
ecr-improvement-plan/
2022-2023 San Mateo County Civil Grand Jury 26
Page H-2.34

Jurisdiction Year Name of Report Link to Report
Daly City Feb 2020 Walk Bike Daly City; City of
Daly City Pedestrian and
Bicycle Master Plan 2020
https://dalycity.org/1106/Daly-CityPedestrian-and-Bicycle-MasterEast Palo Alto Oct 2017 2017 East Palo Alto Bicycle Transportation Plan
https://www.cityofepa.org/sites/defaul
t/files/fileattachments/planning/page/2
801/reso_4905_adopting_2017_bicycl
e_transportation_plan.pdf
Half Moon Bay Sep 2019 City of Half Moon Bay
Bicycle and Pedestrian
Master Plan
https://www.half-moonbay.ca.us/DocumentCenter/View/224 3/Bicycle-and-Pedestrian-MasterPlan-Final?bidId=
Menlo Park Nov 2020 City of Menlo Park
Transportation Master Plan
https://beta.menlopark.org/Governme
nt/Departments/PublicWorks/TransportationDivision/Bicycling Millbrae 2021/2022 City of Millbrae Active
Transportation Plan
https://www.ci.millbrae.ca.us/home/sh
owpublisheddocument/25807/637787
902014030000
2022-2023 San Mateo County Civil Grand Jury 27
Page H-2.35

Jurisdiction Year Name of Report Link to Report
Pacifica Feb 2020 City of Pacifica Bicycle &
Pedestrian Master Plan
https://www.cityofpacifica.org/depart
ments/publicworks/engineering/bicycle-pedestrianmaster-plan Redwood City July 2018 Redwood City Moves, A
Comprehensive Assessment
of Transportation with
Redwood City
San Bruno Jul 2016 City of San Bruno Walk 'n
Bike Plan
https://sanbruno.ca.gov/DocumentCen
ter/View/1733/Adopted-San-BrunoWalk-n-Bike-Plan-PDF
San Carlos Jun 2020 City of San Carlos Bicycle
and Pedestrian Master Plan
Final
https://www.cityofsancarlos.org/home
/showpublisheddocument/8139/63815
5282314370000
San Mateo Apr 2020 San Mateo Bicycle Master
Plan April 2020 Final
https://www.cityofsanmateo.org/Docu
mentCenter/View/85445/2020-BikeMaster-Plan_Final_Updated62021?bidId= 2022-2023 San Mateo County Civil Grand Jury 28
Page H-2.36

Jurisdiction Year Name of Report Link to Report
South San
Francisco
Mar 2022 Active South City: South San
Francisco's Bicycle and
Pedestrian Master Plan Draft
https://activesouthcity.com/wpcontent/uploads/2022/03/SSFActiveSouthCity_PublicDraft_31Mar ch2022_plan_only.pdf
San Mateo
County
2021 2021 C/CAG San Mateo
County Comprehensive
Bicycle and Pedestrian Plan
https://ccag.ca.gov/wpcontent/uploads/2021/06/San-MateoCounty-Comprehensive-Bicycle-andPedestrian-Plan-Update-FinalPlan.pdf 2022-2023 San Mateo County Civil Grand Jury 29
Page H-2.37

-1: Do you track Bicycle accident statistics?
1 a responses
e Yes
e No
APPENDIX C: Survey Questions and Results
This is a summary of the responses:

1. Cities and law enforcement do not track bicycle and eBike accident statistics separately; in fact, most respondents did not track eBike specific data at all (94%).

2. Complaints on Class I Bicycle Roadways include speeding and not yielding to pedestrians.

3. Complaints on Class II and III Bicycle Roadways include speeding, improper signaling, mixed use of bikes/eBikes and violation of the 3 ft. Rule.

4. Of 361 citations issued, only 11 were specifically for eBikes. It is impossible to know if there were more eBikes in violation as there is no requirement to ID the type of bicycle when filling out the form.

5. Class 3 eBikes are more powerful machines and have specific laws regarding usage. Only 50% of the respondents were enforcing the Class 3 eBike laws.

6. Complaints and incidents regarding bicycles (from riders or others) come mostly through police reports, but also from input to City Halls, Redwood City’s “app”, city planning, parks and recreation.

7. 1/3 respondents said there has been an increase in complaints regarding bicycles in the last three years (speeding, underage use, reckless behavior, vehicular code).

8. 2/3 of respondents said there had not been an increase in complaints regarding eBikes and 25% said they didn’t know.

9. Civilian bicycle complaints are generally not available to the public (over 50% of respondents).

10. 44% of respondents said they don’t provide bicycle safety education.

11. Enforcement of bicycle-related law is done where appropriate, with discretionary authority. Effort is made to educate at the time of the infraction. Additional enforcement is budget driven.

12. Future planning for the regulation of bicycles and eBikes varies greatly in the responses (see Question II-16 in Appendix A).

List of responses to questions (on the next page):
2022-2023 San Mateo County Civil Grand Jury 30
Page H-2.38

1-2: Do you maintain eBike specific statistics with regard to accidents? 18 responses
• Yes
• No
1-5: What are the safety issues on Bike/Ped Only Trails? Pick all that apply. 18 responses
Congestion
Speeding
Bikes not yielding to Pedestr ..

Undef age use of eBike-s
None reported
No such trails
none
None
We do not have 1rai1s
Conflicts on multi-use opens ..

NA
NIA
The Town does not have bik ..
- 0 (0%)
0 1 (5.6%)
1 {5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
2 4 6
1-5: What are the safety issues on Bike/Ped Only Trails? Pick all that apply. 18 responses
Congestion
Speeding
Bikes not yielding to Pedestr ..

Under age use of eBikes
None reported
No such trails
none
None
We do not have 1rai1s
Conflicts on multi-use opens ..

NA
NIA
The Town does not have bik ..
- 0 (0%)
0 1 (5.6%)
1 {5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
2 4 6
7 (38.9% o)
8 (44.4%)
8 7 (38.9% o)
8 (44.4%)
8 Number of bicycle accidents in 2022? 212
Number of bicycle accidents in 2020 to the end of 2021? 307 2022-2023 San Mateo County Civil Grand Jury 31
Page H-2.39

1-f:,: What are the safety issues for Bicycle Lanes shared with Vehicular Traffic? Pick all that apply. 18 responses
Speeding
Improper signalling
Mixed use by bicycles and e ..
3 foot rule
Bicycles not stopping for sto ...

Bicyclist not following the rut..
opening of car doors
Bicyclists going wrong way a ... Vehicles passing in the bicyc ..

From what has been observ ...

Proper sight distance. Class ..

Lack of understanding of rul...

Bicyclists not obeying traffic ...

Blcycles/vehlcles not stoppln ..
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
- 8(44.4%)

0.0 2.5 5.0 7.5 10.0
11· 1: Are you aware of the laws governing Bicycles and eBikes? 18 responses
11-2: Do you have city codes governing eBikes only?
18 responses
• Yes
• No
• Yes
• No
11 (61.1%)
11 (61.1%)

12.5 How many Bicycle citations were issued in the last year? 361 How many eBike Citations were issued in the last year? 0 [Comments: this information is not tracked]
2022-2023 San Mateo County Civil Grand Jury 32
Page H-2.40

11•5: Currently, Class 3 eBikes are not allowed on Ped/Bike trails. Are you enforcing this law? 18 responses
• Yes
• No
11•6: Are you enforcing the age limit on Class 3 eBike usage (age 16 or older)? 18 responses
• Yes
• No
If you are enforcing bicycle/eBike law, how is it accomplished? ● Nothing too specific. Enforcement during routine patrol if violations are witnessed. The PD has done a few details and targeted patrols in our downtown area specifically looking for bicycle violations (riding on sidewalks, helmet violations, reckless behavior, etc.). ● The Police Department enforces all laws as appropriate and with necessary and legal discretionary authority.
● Education and Enforcement
● All officers are trained to enforce Vehicle Code and Municipal Code law on bicycles and eBikes.
● On view and by complaint.
● On view and calls for service which result in Education or Enforcement. ● Traffic enforcement resulting in citations and/or verbal warnings/ education to the public. ● Through proactive patrols, directed enforcement and calls for service. ● Most bicycle stops are made for violations occurring on roadways, not on trails or sidewalks. Most bike stops result in education and not citations as evidenced by our low citation numbers.
● Primarily through education and warnings.
● We have not enforced the Bicycle/eBike law because we have not received any comments to date that have triggered the Police Department to enforce. 2022-2023 San Mateo County Civil Grand Jury 33
Page H-2.41

11-8: How are complaints regarding Bicycles/eBikes/eScooters logged in your city/town? Check all that apply.
18 responses
City Hall
Police Depa1·1men1
San Mateo County Sheriff's Offi ...

The City receives addltional co ..

Planning Division- Requests to ..

Parks & Recreation receives co ..

Submitted through app, MyRWC
San Maleo County Shefiff is lo ..
0 - 1 (5.6%}
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
5 6(33.3%)
16 (88.9%)
10 15 20
11-9: Has there been an increase in complaints regarding Bicycles in the last three years? 18 responses
• Yes
• No
11· 1 O: If yes, what kind of complaints about Bicycles? Check all that apply. 1 O responses
r
Speeding on Ped/Bicycle Trail$
Speeding on PubUc Roads
Under age use of eBlkes
Red<less behavio
Violations of vehicular code
Riding on sidewalks
Running Stop Signs
n/a
Speeding complaints on trails r ..
0 2 (20%)
1 (10%)
1 (10%)
3(30%)
3(30%)
- 6(60%)
5 (50%)
4 (40%)
4 7 (70%)
8 ● By Sheriff patrol.
● We can’t enforce much because of limitations in light of funding and staffing needs 2022-2023 San Mateo County Civil Grand Jury 34
Page H-2.42

11-11: Has there been an increase in complaints regarding eBikes in the last three years? 18 responses
11-12: If yes, what kind of complaints about eBikes? Check all that apply. 6 responses
Speeding on Ped/Bicycle Trails
Spee<llng on Public Roads ,- o (0%)
Under age use of eSikes
Reddess behavior ~o (0%)
Violations of vehicular code
Riding on sidewalks - 0 (0%)
Class 3 eBikes on Ped/Bicycle ... - 0 (0%)
Running Stop Signs
NIA
n/a
No
0 I (16.7%)
1 (16.7%)
I (16.7%)
I (16.7%)
1 (16.7%)
I (16.7%)
• Yes
• No
• Oon'1 Know
2 (33.3%)
2 11-13: Have you done anything to solicit information from citizens regarding bicycle/ eBike safety? Check all that apply.
1 S responses
Survey
lnlerviews
Info Booths at Events
None
No
n/a
Yes. Quoted from the City of .. .

Awaiting for the results of th .. .

Outreach for General Plan, ..

Social Media, Helmet Givea .. .

Bike Safety Day Program for .. .

NA
Feasibilty Study
Town of Woodside Clrculatlo ...

The city's BPAC has becom ..
0 1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
1 (5.6%)
2 5 (27.8%)
2 {11.1%)
6 (33.3%)
3(16.7%)
·2 (11.1%)
3 4 5 6
2022-2023 San Mateo County Civil Grand Jury 35
Page H-2.43

11-14: Is documentation relative to citizen complaints available? 18 responses
11-15: Do you provide Bicycle and eBike Safety Education? 18 responses
• Yes
• No
• Yes
• No
Does your city/town have any future plans regarding the regulation of bicycles and eBikes? ● Not at this time.
● Yes. Additional and improved bike lanes.
● Policies in the newly adopted General Plan supporting alternative modes of transportation, including bikes.
● Awaiting the results of the County-wide eBike pilot to determine best practices to implement.
● Not at this time.
● Not at this time. There have not been complaints/concerns regarding eBikes. ● Not at this time.
● Not that I am aware of.
● No, unless we start receiving complaints.
● Yes, The City of South San Francisco's Bicycle and Pedestrian Master Plan. ● No
● As the Town begins to understand various micro-mobility issues going forward, eBikes being part of that growth pattern, we will plan to prepare plans and outreach material to help educate the bike populations on eBike protocols and safety. ● With the growing development, more bike facilities are being provided for the general public. Public outreach and programs to help educate both current/new users are currently 2022-2023 San Mateo County Civil Grand Jury 36
Page H-2.44

being implemented citywide. Buildout of Bike & Pedestrian master plan is underway.

Alameda de Las Pulgas and Ralston 4 designs are underway. Creation of a transportation master plan is also underway. Parks & Recreation Department is developing a Master Plan that also includes implementation of eBikes policies on open space trails. ● Yes
● Nothing specific regulatory changes planned at this time. ● City is currently drafting ordinance language to address the increasing number of electric mobility devices that are present on trails and paths. Many conversations have occurred at BPAC and council (among other committees and commissions) and will continue in 2024.
2022-2023 San Mateo County Civil Grand Jury 37
Page H-2.45

,.

MENLO PARK
AGENDA ITEM H-3
Public Works

STAFF REPORT
City Council
Meeting Date:

Staff Report Number:
9/26/2023
23-213-CC
Consent Calendar: Award a construction contract to Bay Point Control, Inc. dba Marina Mechanical for the minimum point
of entry and dispatch rooms heating, ventilation,
and air conditioning upgrade project and determine
this action is categorically exempt under California
Environmental Quality Act Guidelines §15301
exemption for existing facilities
Recommendation
Staff recommends that the City Council award a $238,100 contract to Bay Point Control, Inc. dba Marina Mechanical, approve construction contingency in the amount of $47,620 (held by the City), approve construction administration fees in the amount of $45,000, and determine that this action is categorically exempt under California Environmental Quality Act (CEQA) Guidelines §15301 for the minimum point of entry (MPOE) and dispatch rooms heating, ventilation, and air conditioning (HVAC) upgrade project.

Policy Issues
This project is consistent with the City’s goal of maintaining its municipal infrastructure. The City Council must take action to award or reject construction bids for capital improvement projects per public contracting requirements. The project is included in the fiscal year 2023-24 capital improvement program.

Background
The MPOE and dispatch rooms, located in the police department building at 701 Laurel St., house the information technology (IT) servers that support the operational needs of the police department and City Hall. These servers are a vital component of the infrastructure supporting essential City services and the secure storage of crucial electronic data. Given their significance, the servers and their associated equipment must be maintained within optimal temperature parameters to ensure uninterrupted use.

The configuration of the IT servers and their equipment generates a notable amount of heat. As such, an efficient flow of cool air is required to properly cool and effectively operate the equipment. This is needed to regulate and maintain the ambient air quality, temperature and humidity in the room. The HVAC system is critical infrastructure.

The existing HVAC systems in the MPOE and dispatch rooms are deficient. They are unable to provide adequate temperature control for the optimal performance of the equipment. In view of these challenges, this project will replace the existing HVAC system. The project will introduce requisite enhancements that can accommodate both the present and anticipated future electrical loads to ensure proper room ventilation.

On Sept. 15, 2022, staff advertised the MPOE room HVAC upgrade project and received one bid Oct. 19, City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-3.1

Staff Report #: 23-213-CC
2022. The bid was found to be non-responsive pursuant to the public contracting code and was rejected by the City Council Dec. 6, 2022. The project was revised to include the HVAC upgrades at the dispatch room and was re-advertised July 10. Two bids were received as further described in the Analysis section.

Analysis
On July 10, staff advertised the revised project for construction bidding with an engineer’s estimate of $139,000. The project was advertised on the City website, on PlanetBids, a procurement platform utilized by the City, and published twice in a local newspaper. The project specifications stipulated that the contract award would be based on the base bid and the bidders’ responsiveness to the project documents.

Construction bids were opened Aug. 21 and the bid results are summarized in Table 1.

Table 1: Bid results
Bidder Bid total
Engineer’s estimate $139,000
ADC Construction Non-responsive
Bay Point Control Inc. $238,100 dba Marina Mechanical
Staff discovered omissions in the bid submitted by ADC Construction, which violated the Public Contracting Code. The omissions constituted grounds for finding their bid non-responsive and staff distributed a bid rejection notice to ADC Construction. Bay Point Control Inc. dba Marina Mechanical was determined to be the lowest bidder. Their bid price of $238,100 is 71% above the engineer’s estimate. After the bids were opened, staff coordinated with the consultant design team to better understand the large discrepancy between the apparent low bid and the engineer’s estimate. The uncertain inflationary environment and high demand for skilled labor are some of the factors that led to a higher bid price. The scope of work is also specialized; therefore, the City will procure a third party estimate for future HVAC projects.

City staff has found the low bidder to be experienced with projects involving similar scopes of work. Staff has also found the low bidder to be both responsive and responsible per public contracting code requirements. Subject to the City Council’s award of contract, the project construction is tentatively scheduled between October and December 2023.

Impact on City Resources
This project is included in the fiscal year 2023-24 capital improvement program, with $545,000 in available funding from the general capital improvement fund for HVAC improvements in City buildings. The estimated construction budget is summarized in Table 2 and totals $330,720, including a 20% construction contingency to account for unforeseen site issues, and construction administration. Construction administration fees are estimated at $45,000 and include construction management, consultant services for engineering, and inspection. The remaining available funding, after the MPOE and dispatch rooms improvement project is complete, will be applied to future HVAC improvement projects at other City buildings.

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-3.2

Staff Report #: 23-213-CC
Table 2: Construction budget
Item Cost
Construction subtotal $238,100
Contingency $47,620
Construction administration $45,000
Total budget $330,720
Available funding $545,000
Staff recommends that the City Council award a $238,100 construction contract to Bay Point Control, Inc. dba Marina Mechanical, approve contingency (held by the City) in the amount of $47,620, and approve construction administration fees totaling $45,000 for the MPOE and dispatch rooms HVAC upgrade project.

Environmental Review
This project is categorically exempt under §15301 – Class 1 of the CEQA Guidelines. This section allows for minor alterations and replacement of existing facilities, as long as there is negligible or no expansion of use.

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. Construction contract
Report prepared by:

Arian Khosravian, Project Manager
Report reviewed by:

Tanisha Werner, Assistant Public Works Director – Engineering City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-3.3

CITY OF

MENLO PARK

CONSTRUCTION AGREEMENT
City Manager’s Office
701 Laurel St., Menlo Park, CA 94025
tel 650-330-6620

ATTACHMENT A
Agreement #:

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF MENLO PARK AND BAY POINT CONTROL, INC. DBA MARINA MECHANICAL THIS CONSTRUCTION CONTRACT (“Contract”) is made and entered into this ____ day of __________, ______ (“Execution Date”) by and between the CITY OF MENLO PARK, a California municipal corporation, (“City”) and BAY POINT CONTROL, INC. DBA MARINA MECHANICAL (“Contractor”).

RECITALS
A. Contractor is a California Corporation duly organized and in good standing in the State of California, License Number 416198. Contractor represents and warrants that it has the background and experience set forth in the Contractor’s responses to the notice inviting bids.

B. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Contract.

C. On July 10, 2023, the City issued a Notice to Contractors inviting bids for the Project. A copy of the Contractor’s Bid proposal and List of Subcontractors is attached herein and incorporated by this reference.

D. The City desires to retain Contractor as an independent contractor to provide the construction and other services identified in this Contract for the Project upon the terms and conditions contained herein.

AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:

1. DEFINITIONS. Capitalized terms used throughout the Contract Documents shall have the meanings set forth in this Contract and/or the Special Provisions. If there is a conflict between the definitions in this Contract and the Special Provisions, the definitions in this Contract shall prevail.

2. PROJECT. The project is the construction of Minimum Point of Entry (MPOE) and Dispatch Rooms HVAC Upgrade (“Project”). The work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any Change Orders executed by City and Contractor in
Page H-3.4

accordance with the requirements of the Contract Documents (“Work”).

3. CONTRACT DOCUMENTS.

3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Public Works Department and are hereby incorporated by reference. 1) Change Orders
2) Field Orders
3) Contract
4) Bidding Addenda
5) Special Provisions
6) Project Plans and Drawings
7) Technical Specifications
8) City Standard Details
9) State of California Department of Transportation Specifications, 2006 Edition (Cal Trans specifications)
10) Notice to Contractors
11) Contractor's Bid
12 Bidder Certifications, Questionnaire and Statements
13) Reports listed in the Contract Documents
14) City of Menlo Park Waste Management Form, Waste Management Daily Transport Report 15) City of Menlo Park Truck Route Map and Regulations
16) Performance, Payment and Maintenance Bonds

3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City.

4. PERMITS. Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, licenses and certificates that may be required in connection with the performance of the Work, including, but not limited to, a City business license.

5. DEPARTMENT OF INDUSTRIAL RELATIONS. Contractor and any subcontractor performing Work on this Project shall be registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code Section 1725.5. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5, with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a). This Project is subject to compliance monitoring and enforcement by the DIR. It is the responsibility of the Contractor to ensure all DIR requirements and regulations are met and stay current. For more information see http://dir.ca.gov/Public-Works/SB854.html.

6. TERM. This Contract is effective on the Execution Date set forth in the initial paragraph of Page H-3.5

this Contract and shall remain in effect until the Project has been satisfactorily completed by Contractor, unless earlier terminated pursuant to the terms of this Contract.

7. TIME OF COMPLETION. Time is of the essence with respect to all time limits set forth in the Contract Documents. Contractor shall commence the Work on the date specified in the City’s Notice to Proceed. Contractor shall diligently prosecute the Work to Substantial Completion within (35) thirty-five calendar days after the date specified in the City’s Notice to Proceed (“Contract Time”). The Contract Time may only be adjusted for extensions of time approved by the City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

8. COMPENSATION. The City agrees to compensate Contractor for its satisfactory completion of the Work in compliance with the Contract Documents for the not to exceed amount of Two-Hundred Thirty-Eight thousand one-hundred ($238,100) (“Contract Sum”).

Payment shall be as set forth in the Plans, Special Provisions and/or Technical Specifications.

The Contract Sum may only be adjusted by Change Orders issued, executed and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents. The Contract Sum shall be adjusted (upward or downward) only to account for Change Orders.

The Contract Sum is and shall be full compensation for all Work performed by Contractor. The Contract Sum shall cover all losses arising out of the nature of the Work or from the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by the City, all risks connected with the Work and any and all expenses incurred due to the suspension or discontinuance of the Work.

9. STANDARD OF PERFORMANCE. As a material inducement to the City to enter into this Contract, Contractor hereby represents and warrants that it has the qualifications and experience necessary to undertake the Work to be provided and the Project to be completed pursuant to this Contract. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. The Work performed pursuant to this Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project.

10.COMPLAINCE WITH LAW. This Project constitutes a public work within the meaning of California Labor Code Section 1720 et. seq. and is subject to prevailing wage laws. The Work performed by Contractor pursuant to this Contract shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City, and any federal, state or local governmental agency having jurisdiction in effect at the time the work is rendered.

11.REPRESENTATIVE. Carl Koss is hereby designated as the project manager/superintendent/foreman of Contractor authorized to act on its behalf with respect to the Work specified in this Contract. It is expressly understood that the experience, knowledge, capability and reputation of Bay Point Control, Inc. dba Marina Mechanical were a substantial inducement for City to enter into this Contract. Therefore, Carl Koss shall be responsible during the term of this Contract for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Page H-3.6

Contractor without the express written approval of the City.

12.LIQUIDATED DAMAGES.

12.1 Entitlement. City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily complete the Work within the Contract Time, the City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to: (a) loss of public confidence in the City and its contractors; (b) loss of public use of public facilities; and (c) extended disruption to public.

12.2 Daily Amount. City and Contractor have reasonably endeavored, but failed, to ascertain the actual damage that the City will incur if the Contractor fails to achieve Substantial Completion of the Work within the Contract Time. Therefore, the parties agree that in addition to all other damages to which the City may be entitled other than delay damages, in the event the Contractor shall fail to achieve Substantial Completion of the Work within the Contract Time, Contractor shall pay City as liquidated damages the amount of five hundred Dollars ($500) per day for each calendar day after the expiration of the Contract Time until Contractor achieves Substantial Completion of the Work. The liquidated damages amount is not a penalty, but a reasonable estimate of the amount of damages the City will suffer.

12.3 Apportionment. Such liquidated damages shall be subject to reduction for delays for which Contractor is entitled to receive an extension of time under the Contract Documents (“Apportionment”). Such Apportionment shall not be affected by the fact that liquidated damages may not be applied for periods of time during which delays have occurred that are caused by both City and Contractor. It is agreed that the liquidated damages shall not be applied for portions of the Work completed prior to the expiration of the Contract Time.

12.4 Exclusive Remedy. City and Contractor acknowledge and agree that this Section 11, Liquidated Damages, shall be the City’s only remedy for delay damages caused by the Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time.

12.5 Damages upon Abandonment. In the event that the Contractor either abandons the Work or is terminated for default in accordance with the provisions of this Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages. If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time to the date that Substantial Completion of the Work is achieved by the City or its replacement contractor employed to complete Contractor’s performance. If City elects to waive its right to liquidated damages, then Contractor shall be liable to the City, in lieu of the liquidated damages, for all actual Losses (as defined in the General Conditions) proximately resulting from Contractor’s failure to complete the Work within the Contract Time.

Page H-3.7

12.6 Other Remedies. The parties further acknowledge and agree that the City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time.

13.INDEPENDENT CONTRACTOR. Contractor is, and shall at all times remain as to the City, a wholly independent contractor and not an agent or employee of the City. Contractor shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Contractor receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Contractor shall not be eligible for benefits and shall receive no compensation from the City except as expressly set forth in this Contract.

Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. Neither the City, nor any of its agents shall have control over the conduct of Contractor, any of Contractor’s employees, or any subcontractors, except as set forth in this Contract. Contractor shall at no time, or in any manner, represent that it or any of its agents or employees or subcontractors are in any manner employees of the City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Contract. Contractor shall fully comply with the worker’s compensation law regarding Contractor, Contractor’s employees and subconsultants. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor and any subconsultants to comply with applicable worker’s compensation laws.

14. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the work to be performed by Consultant under this Contract, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Contract, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of the work pursuant to this Contract. Contractor agrees not to accept any employment during the term of this Contract which is or may make Contractor financially interested, as provided in California Government Code Sections 1090 and 87100, in any decision made by the City on any matter in connection with which Contractor has been retained pursuant to this Contract. However, nothing herein shall preclude Contractor from accepting other engagements with the City.

15. INDEMNIFICATION.

15.1 To the fullest extent permitted by law, Contractor shall indemnify, defend, with independent counsel approved by the City, and hold harmless the City, and its elective or appointive boards, officers, employees agents and volunteers (“Indemnitee”) from and against any and all claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this Contract due to the acts or omissions of Contractor or Contractor’s officers, employees, agents or Page H-3.8

subcontractors. The indemnification provisions survive completion of the Work or the termination of this Contract. The acceptance of such services shall not operate as a waiver of such right of indemnification. Notwithstanding the foregoing, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for any claims, losses or liability resulting from the sole or active negligence or willful misconduct of the Indemnitee.

Contractor shall pay City for any costs incurred in enforcing this provision.

15.2 The City does not and shall not waive any rights that they may possess against Contractor because of the acceptance by the City or the deposit with the City of any insurance policy or certificate required pursuant to this Contract. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

15.3 Pursuant to Public Contract Code Section 9201, the City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract.

16.ASSIGNABILITY. The parties agree that the experience and qualifications of Contractor as set forth in the Contractor’s Bid are material considerations for the City entering into this Contract. Consultant shall not assign or transfer any interest in this Contract, without the prior written consent of the City, and any attempt by Contractor to do so shall be void and of no effect and a breach of this Contract. For purposes of this section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

17. INSURANCE AND BOND REQUIREMENTS.

17.1 Prior to the commencement of any Work, the Contractor shall provide the City with evidence that it has obtained the insurance required by this Section and all bonds, including, but not limited to, payment and performance bonds, required in the Special Provisions. Failure to obtain and maintain the required insurance and bonds to so shall be deemed a material breach of this Contract.

17.2 Insurance Requirements. Contractor shall obtain the following insurance.

A. Worker’s Compensation and Employer’s Liability Insurance: The CONTRACTOR shall have in effect during the entire life of this Contract workers' compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Contract, the CONTRACTOR 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 Contract." Page H-3.9

B. Commercial General Liability Insurance: The CONTRACTOR shall take out and maintain during the life of this Contract 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 Contract 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 CONTRACTOR's operations under this Contract, whether such operations be by CONTRACTOR 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 two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) in aggregate, or four million dollars ($4,000,000) combined single limit bodily injury and property damage for each occurrence.

CONTRACTOR shall provide the City with acceptable evidence of coverage, including a copy of all declarations of coverage exclusions.

C. Automobile Liability Insurance: CONTRACTOR shall maintain Automobile Liability Insurance pursuant to this Contract 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.

17.3 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 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.

17.4 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 Contract to the contrary, immediately declare a material breach of this Contract and suspend all further work pursuant to this Contract.

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

18.SUSPENSION. The City may, at any time and from time to time, without cause, order Contractor, in writing (“Suspension Order”), to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the Suspension Order. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the work covered by the Page H-3.10

Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension.

19.BOOKS AND RECORDS. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract in accordance with generally accepted accounting principles and practices consistently applied.

City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law. Contractor’s compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

20.WAIVER. Waiver by either party of any breach or violation of any one or more terms or conditions of this Contract shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the City of the performance of any work by the Contractor shall not be deemed to be a waiver of any term or condition of this Contract. In no event shall the City’s making of any payment to Contractor constitute or be construed as a waiver by the City of any breach of this Contract, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default.

21.DEFAULT. In the event the City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, the City may give written notice of default to Contractor in the manner specified for this giving of notices in this Contract. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) business days after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) days after receipt of such written notice.

Page H-3.11

22.CITY RIGHTS AND REMEDIES.

22.1 Remedies Upon Default. In the event that Contractor fails to cure any default of this Contract within the time period set forth in Section 20, then City may pursue any remedies available under law or equity, including, without limitation, the following: (1) the City may, without terminating the Contract, delete certain portions of the Work, reserving to itself all rights to losses related thereto; (2) the City may, without terminating the Contract, engage others to perform the Work or portion of the Work that has not been performed by the Contractor and withhold the cost thereof to City from future payments to the Contractor, reserving to itself all rights to Losses related thereto; or (3) the City may, without terminating the Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work; (4) the City may terminate all or any part of this Contract for default, reserving to itself all rights of Losses related thereto; or (5) the City may, without terminating the Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

22.2 Additional Provisions. All of City’s rights and remedies under this Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Contract so as to warrant exercise by City of its rights and remedies for default under the Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.

22.3 Delays by Sureties. Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following: (1) failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Contract within the Contract Time; (2) abandonment of the Work; (3) if at any time City is of the opinion the Work is unnecessarily or unreasonably delayed; (4) willful violation of any terms of the Contract; (5) failure to perform according to the Contract Documents; or (6) failure to follow instructions of City for its completion within the Contract Time. City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

22.4 Damages to the City. The City will be entitled to recovery of all Losses under law or equity in the event of Contract’s default under the Contract Documents. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to Page H-3.12

withhold monies otherwise payable to Contractor until Final Completion, as defined in the General Conditions, of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

22.5 Termination of the Contract for Default. Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Contract, in whole or in part, upon the failure of Contractor to promptly cure any default. City’s election to terminate the Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

22.6 Termination Without Cause. City shall have the option, at its sole discretion and without cause, of terminating this Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Section as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

22.7 Compensation. Following termination without cause and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Section, City shall pay to Contractor as its sole compensation for performance of the Work the following: (1) the amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor; (2) reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for demobilizing and administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays; (3) previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

22.8 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section.

22.9 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (1) immediately discontinue the Work to the extent specified in the notice; (2) place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued; (3) provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, Page H-3.13

of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (4) promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (5) hereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

23.CONTRACTOR’S RIGHTS AND REMEDIES. Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following: (1) the Work is stopped for sixty (60) consecutive days, through no act or fault of Contractor, any subcontractor or any employee or agent of Contractor or any subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable; or (2) if the City does not make payment of sums that are not in good faith disputed by the City and does not cure such default within ninety (90) days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Contract.

23.1 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Section 21 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

24.NOTICES. Any notices or other communications required or permitted to be given under this Contract shall be given in writing by personal delivery, by a recognized courier service, or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To City: To Contractor:

Assistant Public Works Director/City Engineer Carl Koss City of Menlo Park Bay Point Control, Inc. dba Marina
City Hall, 701 Laurel St. Mechanical
Menlo Park, CA 94025 4763 Bennett Drive
Livermore, CA 94551

25. Notice shall be deemed communicated on the earlier of actual receipt or 48 hours after deposit in the U.S. mail, or the date of delivery shown on deliverer’s receipt. In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing within a reasonable period of time.

Page H-3.14

In addition, copies of all Claims by Contractor under this contract shall be provided to the City Attorney as follows:

To City Attorney:

City Attorney
Burke, Williams & Sorensen, LLP
181 Third Street, Suite 200
San Rafael, CA 94901
All claims shall be delivered personally or sent by certified mail.

26.NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Contract, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition. Contractor will take affirmative action to ensure that employees are treated without regard to race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition.

27.CONTRACT DOCUMENTS AND PRECEDENCE. The Contract Documents shall consist of the following documents. In case of inconsistencies between Contract Documents, the documents are listed in order of precedence.

28.PUBLIC WORKS CLAIMS. This Contract is subject to Public Contracts Code Section 9204 governing contractor claims.

29.ATTORNEYS’ FEES; VENUE. In the event that any party to this Contract commences any legal action or proceeding to enforce or interpret the provisions of this Contract, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled. The venue for any litigation shall be San Mateo County.

30.COOPERATION. In the event any claim or action is brought against the City relating to Contractor’s performance or services under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

31.NUISANCE. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Contract.

32.GOVERNING LAW. This Contract shall be construed in accordance with and governed by the laws of the State of California.

Page H-3.15

33.COMPLETE AGREEMENT; SEVERABILITY. This Contract, and any other documents incorporated herein by reference, represent the entire and integrated agreement between the City and Contractor. This Contract supersedes all prior oral and written negotiations, representations or agreements. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment duly executed by the parties to this Contract. In case a provision of this Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

34. COUNTERPARTS. This Contract may be signed in multiple counterparts, which shall, when executed by all the parties constitute a single binding contract.

Signatures on next page.

Page H-3.16

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-3.17

,.

MENLO PARK
AGENDA ITEM H-4
Public Works

STAFF REPORT
City Council
Meeting Date: 9/26/2023
Staff Report Number: 23-217-CC
Consent Calendar: Award purchase contracts to National Auto Fleet Group, Pape, and Coach West Luxury Performance
Motorcars for the fiscal year 2023-24 vehicle and
equipment purchase and allow $50,000 for
contingency
Recommendation
Staff recommends the City Council award vehicle and equipment purchase contracts to:
• National Auto Fleet Group (Attachment A) for approximately $737,300 for the purchase of eight electric light-duty trucks, one electric police vehicle, and two electric vans; • Pape Material Handling, Inc., the only local JLG equipment distributor, (Attachment B) for approximately $128,000 for the purchase of an electric compact crawler boom lift; and • Coach West Luxury Performance Motorcars (Attachment C) for approximately $261,000 for the purchase of an electric shuttle bus.

Additionally, the City would hold a total contingency of $50,000 for all vehicle and equipment purchases.

Policy Issues
In April 2019, City Council adopted Resolution No. 6493 to call for climate and sustainability action in Menlo Park and in December 2019, Resolution No. 6534 was adopted to declare climate emergency to accelerate actions on the climate crisis. In March 2020, Resolution No. 6552 approved the sustainable vehicle fleet policy to help reduce greenhouse gas emissions (GHG). The City Council also adopted the 2030 climate action plan (CAP) in July 2020 with CAP strategy goal No. 5 to eliminate the use of fossil fuels from municipal operations by 2030. CAP No. 5 goal supersedes the fleet policy goals for overall fleet conversion, as it requires a more aggressive transformation to reach carbon neutrality by 2030.

The proposed vehicle purchase contracts exceed the city manager’s purchasing authority and require City Council approval.

Background
Annually, staff assess the vehicle and equipment replacements based on mileage, age and downtime for repairs. Replacements must strive to meet the CAP No. 5 goal to eliminate fossil fuels from city operations by 2030 (Attachment D) and use the Sustainable Fleet Policy (Attachment E) adopted by the City Council when making decisions about vehicle purchases.

The City is actively replacing internal combustion engine vehicles with hybrids or electric vehicles. Two years ago, the City embarked on a strategic electric vehicle transition in the police department by purchasing three Tesla Model Ys to pilot in the patrol fleet, deploying one Ford Mustang Mach-E in the City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-4.1

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Staff Report #: 23-217-CC
police administration fleet, and driving a Chevrolet Bolt as a code enforcement vehicle. This is a major milestone on the path to a zero-emission police fleet. The recommended vehicle and equipment replacements would continue the City’s commitment to leadership in reducing fleet emissions.

Last year, the City Council approved the purchases and modifications of these following vehicles and equipment:
• One electric Ford Mustang Mach-E police pool vehicle; • One electric Ford F-150 Lightning police community service truck; • Three electric detective vehicles (two Ford Mustang Mach-E, and one Ford-150 Lightning); • Three lower emission BMW 1250 RT-P gasoline powered police motorcycles; • Three electric Ford F-150 Lightning light-duty trucks for Public Works; • One electric reel mower; and
• Four pieces of renewable diesel powered maintenance equipment.

Table 1 shows the status update from last fiscal year’s approved vehicle and equipment purchases. The uncertainty of the electric vehicle and equipment market delayed the time when they would be operable in city operations. This posed several challenges in the purchasing process.

Police
One pool sedan
(electric) Expected arrival in October
One community service truck
(electric) Expected arrival in October
Three detective vehicles
(electric)
One truck is in service since March
2023. Two additional vehicles
arrived in late August and are
currently being outfitted.

Three traffic enforcement
motorcycles (gasoline) In service since June 2023
Public works
Three light-duty trucks
(electric)
1 truck expected to arrive in October
and the manufacturer cancelled 2
truck orders.

One reel mower
(electric)
Arrived on Sept. 14 and expected to
be in service in October
One vibratory roller
(renewable diesel) In service since March 2023
One farm tractor
(renewable diesel) In service since June 2023
One stump grinder
(renewable diesel) In service since June 2023
One brush chipper
(renewable diesel) In service since February 2023
Firstly, staff expects one electric light-duty truck to arrive in September and unfortunately, the manufacturer cancelled two other light-duty truck orders. Staff waited approximately a year for the electric truck to arrive and to receive news about the two cancellations. The vehicle pricing typically increases annually and the unstable market will further delay the vehicle replacement schedule. In the meantime, the City would continue to drive gasoline and diesel-powered trucks.

Table 1: Vehicle and equipment status update on FY2022 23 approved purchases City department Vehicle type Status
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-4.2

Staff Report #: 23-217-CC
Secondly, even when equipment has been delivered, there are some cases when the equipment has malfunctioned, requiring additional service and down time. For example, during fiscal year 2021-22 equipment purchase, staff placed an order for a hybrid bucket truck in October 2021 and received it in 2023 (a year and a half long wait). The trees division uses the bucket truck to prune and remove trees as well as hang banners in the downtown area. Since receiving the hybrid bucket truck, it has been out of service for one-third of the time. Therefore, staff has continued to rely heavily on the 21-year-old renewable diesel bucket truck to continue to provide tree trimming services, which has been especially important to maintain the tree canopy prior to winter storm season.

Lastly, the purchasing process for vehicle procurement has changed. Previously, the vehicle and fleet replacement purchasing process was straightforward:
• Staff received quotes from manufacturers;
• City Council considered the purchases and modifications; • Once approved by the council, staff used the quotes to open purchase orders; and • Staff had approximately three months to process the purchase orders and to order the approved purchases.

Recently, the purchasing process has become more difficult for staff to order and receive vehicles. In 2020, Governor Newsom issued an executive order to require all sales of new passenger vehicles to be zeroemission by 2035. This order led many vehicle manufacturers to research, test, and produce electric vehicles. However, it has led a shortage of vehicles, in which the demand exceeded the available supplies.

As a result, the vehicle and fleet replacement process is becoming more challenging as manufacturers could not produce vehicles in line with the increasing demand. Staff has observed several obstacles over the last fiscal year:
• Staff is unable to receive quotes from cooperative purchasing contracts; • The order window is the only time staff sees the purchase prices, however those prices are not guaranteed. Additionally, the window to purchase opens for one or two weeks at a time; and • With a short timeframe to place orders, purchase orders need to be approved and provided before the order window closes.

Analysis
The following section describes vehicle and equipment purchase proposals in fiscal year 2023-24. Each proposed vehicle or piece equipment would replace an existing vehicle or equipment in the current fleet.

Police proposes to purchase:
• One electric Ford F-150 Lightning; and
• One electric Chevrolet Blazer.

Public works proposes to purchase:
• Seven electric Ford F-150 Lightning light-duty trucks; • Two electric Ford E-transit vans; and
• One electric JLG compact crawler boom lift equipment.

Library and community services proposes to purchase:
• One electric Motiv shuttle bus.

Table 2 summarizes the fiscal year 2023-24 vehicle and equipment purchase with recommendations City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-4.3

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Staff Report #: 23-217-CC
classified by department in accordance with the decarbonizaton goals of the 2023 CAP No. 5 goal and the sustainable fleet policy.

Table 2: Fiscal year 2023 24 vehicle and equipment purchases City
department
Current
vehicle type
Current
vehicle fuel
type
Proposed
vehicle type
Proposed
vehicle fuel
type
Meets 2023
CAP No. 5
goal?
Meets
sustainable
fleet policy?
Police
One
commander
SUV
Gasoline
One
commander
truck
Electric Yes Yes
One patrol
SUV Gasoline One patrol SUV Electric Yes Yes
Public works
Seven lightduty trucks Gasoline Seven lightduty trucks Electric Yes Yes Two trucks Gasoline and
diesel Two vans Electric Yes Yes
One wheeled
vertical lift Electric
One compact
crawler boom
lift
Electric Yes Yes
Library and
community
services
One shuttle
bus Gasoline One shuttle bus Electric Yes Yes
Police purchase
The electric F-150 Lightning commander truck will replace a six-year-old gasoline sports utility vehicle (SUV). The electric patrol vehicle (Chevrolet Blazer) is currently the only electric vehicle that is pursuit-rated and will replace a seven-year-old gasoline vehicle.

Public works purchase
The electric F-150 Lightning trucks will replace similar gasoline trucks that are between the ages of 14 and

18. The proposed seven trucks include the two cancelled truck orders from last fiscal year and five additional trucks. The Lightning trucks have the capability to charge multiple handheld electric landscaping equipment with its 11 power outlets, which will be a significant benefit and aid with the deployment of more zero-emission landscaping equipment.

The Facilities section uses two electric wheeled vertical lifts, but they pose several challenges:
• Due to its size, one of the lifts cannot fit through the gymnasium doors. Facility staff uses the other vertical lift that tilts to fit through the doorway.
• The platforms on the equipment move vertically only. One of the uses for the equipment is to replace lightbulbs. Staff must move the equipment under each lightbulb location to replace the bulbs. • The maintenance costs have become more expensive. The City purchased one of the lifts used from a rental company and the deterioration of it is noticeable.

As a result, staff recommends replacing an electric wheeled vertical lift with an electric compact crawler boom lift. The new equipment would fit through narrow spaces, such as standard doorways and could move vertically and horizontally. The versatility and ease of mobility of the elevated work platform allow staff to work in hard-to-reach workplaces, such as the gymnasium ceiling. JLG is the only manufacturer that makes compact crawler boom lifts and the City of Menlo Park is located within Pape’s distribution area to purchase JLG equipment.

The E-transit vans will replace two 16-year-old Ford trucks. The vans allow staff to safely store their City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-4.4

Staff Report #: 23-217-CC
supplies and tools.

Library and Community Services purchase
The department uses an 8-year-old gasoline shuttle bus every weekday and some weekends (for special events) to pick up seniors from their residences and drop them off at the Senior Center. The bus holds 16 passengers and two wheelchair passengers and typically, a vehicle this age would be replaced in fiscal year 2025-26 due to its age and mileage. Last year, the City Council directed staff to investigate the replacement options for this vehicle which are presented below.

Staff found several companies that manufacture electric shuttle buses and are eligible for a $60,000 incentive through the state of California’s hybrid and zero-emission truck and bus voucher incentive project (HVIP):
• Greenpower and Micro Bird are international brands and have offices located in California. However, mechanics would need travel to the City to service the vehicle; • Lightning eMotors no longer uses a Ford chassis, which is the City’s standards for maintenance, repairs, parts, serviceability, and proper training;
• Motiv is located Foster City and has a service center in Stockton. Additionally, the company has been manufacturing electric shuttle busses for eight years; and • Optimal-Electric Vehicle is not a local company and has five years of electric vehicle-specific development experience.

Staff recommends Motiv is the best available option to consider for purchasing an electric shuttle bus. A Motiv dealership (Coach West Luxury Performance Motorcars) would handle the paperwork to apply for the HVIP incentive and Motiv would cover warranty and repair work. The Motiv shuttle bus could accommodate up to 14 passengers, depending on the configurations. One of the configurations could fit 12 passengers and two wheelchair passengers. The electric bus is smaller than the current gasoline-powered bus due to the weight of the electronics and the battery.

Impact on City Resources
Staff recommends soliciting proposals for the vehicles purchased through cooperative purchasing contracts from Sourcewell. The City Council adopted Resolution No. 6704 to establish an award authority and bid requirements policy with the effective date of December 2021. The policy allows the City to enter into cooperative purchasing agreements, known as piggyback agreements in which the City would receive the same pricing and terms of contract entered by another entity. In this case, the City intends to piggyback on Sourcewell’s contract with National Auto Fleet Group (091521-NAF), which expires on Nov. 8, 2025.

However, the ordering procedure changed in the past three years. For instance, cooperative purchasing contracts from Sourcewell are unable to provide quotes until the ordering window opens.

If the City purchases the electric shuttle bus through Sourcewell (a cooperative purchasing network), the purchase would be ineligible to receive the $60,000 HVIP incentive. Additionally, Sourcewell would collect up to an additional 10% pass-through fee. Staff estimates the vehicle cost through Sourcewell would be approximately $350,000; whereas, the vehicle cost through Coach West Luxury Performance Motorcar would be approximately $260,000 (including the HVIP incentive). Therefore, the price difference is $90,000.

The fiscal year 2023-24 budget included approximately $1.44 million from the vehicle replacement fund for this year’s vehicle purchase. Table 3 outlines the estimated total cost (including outfitting) of the proposed vehicle and equipment purchases as approximately $1.39 million including a contingency of $50,000 (held by the City) funded by the vehicle replacement fund. Outfitting work includes but not limited to paint, radio City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-4.5

Staff Report #: 23-217-CC
and light installations, truck accessories, and special decals. Staff expects the equipment and outfitting costs to increase (due to the limited availability of supplies) until the City takes possession. Therefore, pricing cannot be held due to market instability and any price increases would be finalized before delivery.

The proposed contingency of $50,000 to be held by the City will allow staff to proceed with ordering vehicles while accounting for the anticipated uncertainty in the vehicle market.

Table 3: Vehicle and equipment purchase order amount
Vendor
purchase
contract
City
department Description Type Quantity
Estimated
vehicle
cost
Estimated
outfitting
cost
Estimated
total cost
National Auto
Fleet Group
Police
Commander
truck
Electric
Ford F-150
Lightning
1 $75,000 $22,500 $97,500
Patrol vehicle
Electric
Chevrolet
Blazer
1 $65,000 $24,500 $89,500
Public works
Light-duty
trucks
Electric
Ford F-150
Lightning
7 $520,500 $62,000 $582,500
Vans
Electric
Ford Etransit vans 2 $141,800 $40,600 $182,400
Pape Public works Boom lift
Electric
JLG
compact
crawler
boom lift
1 $128,000 $200 $128,200
Coach West
Luxury
Performance
Motorcars
Library and
community
services
Senior
shuttle bus
Electric
Motiv
shuttle bus
1 $261,100 $700 $261,800
Contingency $50,000
Estimated
total $1,391,900
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. Sourcewell contract with National Auto Fleet Group
B. Pape estimated quote
City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-4.6

Staff Report #: 23-217-CC
C. Coach West Luxury Performance Motorcars estimated quote D. Hyperlink – 2023 CAP: menlopark.gov/cap
E. Resolution No. 6552 – Sustainable Vehicle Fleet Policy Report prepared by:

Joanna Chen, Management Analyst II
Don Weber, Public Works Supervisor – Fleet
Reviewed by:

Brian Henry, Assistant Public Works Director - Maintenance City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 menlopark.gov Page H-4.7

Sourcewell ~







 






ATTACHMENT A
091521-NAF
Solicitation Number: RFP #091521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Rev. 3/2021 1
Page H-4.8








 






091521-NAF
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev. 3/2021 2
Page H-4.9








 






091521-NAF
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; Rev. 3/2021 3
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091521-NAF
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2021 4
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091521-NAF
contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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091521-NAF
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev. 3/2021 6
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091521-NAF
by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2021 8
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091521-NAF
resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2021 11
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091521-NAF
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is Rev. 3/2021 12
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091521-NAF
primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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091521-NAF

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names Rev. 3/2021 15
Page H-4.22








 






091521-NAF
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 3/2021 16
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091521-NAF
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

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091521-NAF

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager






 







Date: ________________________ Date: ________________________ Approved:

Chad Coauette
Title: Executive Director/CEO







Date: ________________________
By: __________________________

Rev. 3/2021 18
Page H-4.25







 






RFP 091521 - Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
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Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
Page H-4.27







 








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Table 3: Industry Recognition & Marketplace Success
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
Page H-4.31







 






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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
Page H-4.35
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Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line Item Question Response *
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Table 9B: Performance Standards or Guarantees
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Table 10: Payment Terms and Financing Options
Line
Item Question Response *
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Page H-4.36







 






Table 11: Pricing and Delivery
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Table 12: Pricing Offered
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Table 13: Audit and Administrative Fee
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Page H-4.38
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Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 80. NOTICE
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Page H-4.39







 






Addenda, Terms and Conditions

PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
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7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
Page H-4.40
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
Page H-4.41

PAPE MATERIAL HANDLING
47132 KATO ROAD
FREMONT, California 94538
Phone: 510-661-5700

ATTACHMENT B
All trucks shown with optional equipment. Please refer to quotation specifications.

CUSTOMER DETAILS
ml MATERIAL 11611 HANDLING Yale ~ LIFT TR UCK TEC HNOLO GI ES CUSTOMER City of Menlo Park
ADDRESS 333 Burgess Drive Menlo Park Ca. 94025
SHIP-TO ADDRESS Same
CONTACT NAME Mr. Don Weber
PHONE 650-330-6790
PROPOSED BY Rick Sanchez TITLE Territory Manager
PHONE 510-737-2521 EMAIL [email protected]
DATE 7/17/23 QUOTE EXPIRATION 10/3/23
Quote Number: 2023-955083 1 of 2
Page H-4.42

ml MATERIAL 11611 HANDLING Yale ~ LIFT TR UCK TEC HNOLO GI ES _____________________________
_____________________________
_____________________________
_____________________________
_____________________________ _____________________________ _____________________________

PAPE MATERIAL HANDLING
47132 KATO ROAD
FREMONT, California 94538
Phone: 510-661-5700
Proposal Summary
Included Items Description Quantity
Electric JLG X430AJ with all standard features see attached 2 year Warranty 1 Note since 2024 pricing has not yet been determined by JLG price on units delivering in 2024 are subject to change even after unit is ordered NOTE THERE IS ON STOCK UNIT NOW BUT ONLY ONE. IF YOU ORDER THAT

ONE UNIT THAT PRICE WILL BE SECURE ONLY BECAUSE IT WOULD BE A DELIVER VERY SOON 2023 SO NOT SUBJECT TO THE 2024 PRICE INCREASE Price $ 116,951.00+ tax delivered Qty: 1
Quoted Quantity 1 TOTAL: $116,951.00 + tax delivered
F.O.B. Factory (factory freight not included). Price is exclusive of any taxes. Due to volatility of supply chain, transportation, lead times etc., we reserve the right to revise our pricing in direct correlation to price surcharges/increases received from the OEM. Lease payment quotes are subject to possible interest rate indexing at time of delivery. This sales order/proposal is subject to Pape' Material Handling's Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this reference. The Terms and Conditions of Sale are available at www.pape.com/terms, and will also be sent by mail or email to Buyer upon request.

Proposal By: Rick Sanchez Accepted By:

Signature: Signature:

Date Signed: Date Accepted:

PO Number:

Quote Number: 2023-955083 2 of 2
Page H-4.43
-------------------- ------------------- -------------------- -------------------- -------------------
-------------------------- -------

ATTACHMENT C
~
~ ENOERA ORDER FORM ..... +1 419.523.3593
EN!JERJ\ 804 N. Pratt St.

Ottawa, OH 45875
Date: 8/3/2023 Sales: 303-880-2788
[email protected]
Warranty I Parts: 419-523-3593

DEALER INFORMATION SHIPPING/ PAYMENT INFORMATION
Customer Pick Up: 0 Ship Best Way to Location Below: □
Dealer: Coach West Luxury Performance Motorcars Ship To: City of Menlo Park Address: ------------------------ 1029 E Dominguez St Address: ------------------- City, St. Zip: Carson, CA 90746 City, St. Zip: __________________ Contact: Jay Real Contact:

Phone: ---------.;.,------------ (310) 609-2900 Phone: ------------------- Fax: ------------------------ Payment: ------------------- P.O.#:

Additional
ARE FTA FUNDS USED? Shipping --------~FTA INFO REQUIRED lnslructions YES or NO Is this for a contract? YES or NO Model Number: Endera B4 Number of units In this order:

I Description: MotivEPIC4
Seating Capacity: 12+2w/2 flip 1
If YES please complete the fields to the right
End User Information
Name: City of Mento Park Applicable FIN / FAN Code:

Address:

City, St. Zip:
------~-------------------
Pricing and specs subject to change without notice - COD or approved financing only - FOB Ottawa, OH

CHASSIS PRICING
QTY CHASSIS PRICE ADDED Price Extended
Ford E450. 176" WB, 7.3L V-8 Gas Engine, 14,500 GIM/R, Door Delete $ 39,180.00 Ford E450, 158" WB, 7.3L V-8 Gas Engine. 14,500 GVWR, Door Delete $ 39.18000 $ 39,180.00 Less: Mobility Allowance s 1,000.00 $ 1,000.00
Total Net Chassis {Plus any special options noted below): $ 38,180.00 Grand Total Net Chassis Price: 1s 38. 1ao.oo I

BASE CONVERSION
QTY Price Extended
Endera • FORD E450 • Standard Floor
Option# QTY Option Description Price Extension

PARATRANSIT OPTIONS
I I 1 Rear Lift - AOA with Double Wheel Chair Doors, Windows, Shift Interlock & Lights s 2,100.00 I 2.100.001

BRAUN WHEELCHAIR L IFTS
I I 1 Braun Century - NCL3454-2 Lift, 34"x54", 1000# with Front Pump & Safety Belt $ 4,aoo.oo I 4.soo.oo 1 Q•STRAINT W.C. SECUREMENT KITS
Confidential: None Created 08/12/2021
Page H-4.44
Endera Quality Control