Agenda, third session — San Bruno City Council, February 25, 2025 (part 1 of 2)

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
February 25, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation & Aquatic Center, Community Room
251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbrunocagov.zoom.us/j/85119954057?
pwd=rh0mCLMKMK7DcJ9YPTKmMDIz0y4fay.1
Phone Line: 16465588656
Webinar ID: 851 1995 4057
Webinar Password: 689284
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk. Public comment may also be emailed to [email protected] . Comments received via email will not be read
aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 6167061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There is a single public comment period for all items in this section a. Proclamation Recognizing March as National Women’s History Month b. Receive General Update from the San Mateo County Mosquito & Vector Control District

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Approve the Draft Special Meeting Minutes for February 11, 2025 and Regular Meeting Minutes for February 11, 2025
b. Approve Accounts Payable for February 10, 2025 and February 18, 2025 c. Accept Payroll for Special Payroll January 26, 2025 and February 9, 2025 d. Approve Reconciliation of General Ledger to Bank Report Dated October 31, 2024 and November 30, 2024
e. Consider Adoption of a Resolution:

Authorizing the Mayor, City Manager, or designee, to execute a primary grant agreement with the San Mateo County Transportation Authority to be eligible to receive Measures A and W grants over the next 10 years;
Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and Authorizing the Mayor, City Manager, or designee, to take any other actions necessary to give effect to this resolution
f. Consider Adoption of a Resolution Accepting FEMA Assistance to Firefighters Grant No. EMW 2023FG08796 for Fitness Equipment and Authorizing an Appropriation in the Amount of $37,963.43
g. Consider Adoption of a Resolution Revising the Planning Commission Bylaws h. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with DroneSense, Inc for use of its sUAS Management and Video Streaming Services i. Consider Adoption of a Resolution:

Accepting the Recreation and Aquatics Center Project as Complete at a total cost of $62,386,222, including project contingencies of $6,985,912, and work performed in conjunction with the RAC Project;
Authorizing the City Manager to Execute Agreement Amendment for Project Close Out Services Rendered Consor PMCM, Inc. in Amount Not to Exceed $225,000 and Within Approved Project Budget;
Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and
Authorizing the Release of the Construction Contract Retention in the Amount of $2,500,845.57

7. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Consider and Provide Direction on the Creation of a Complete Streets Committee by Merging the Bicycle and Pedestrian Advisory Committee and the Traffic, Safety and Parking Committee

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Councilmember Alvarez:

Discuss changing downtown parking hours from 8:00 am 8:00 pm to 10:00 am 6:00 pm

10. ADJOURNMENT – The next Regular City Council Meeting will be held on March 11, 2025 at 7:00 pm
POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on February 20, 2025, by 6:00 pm. 1 of 150
"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
February 25, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation & Aquatic Center, Community Room
251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbrunocagov.zoom.us/j/85119954057?
pwd=rh0mCLMKMK7DcJ9YPTKmMDIz0y4fay.1
Phone Line: 16465588656
Webinar ID: 851 1995 4057
Webinar Password: 689284
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Councilmember Alvarez:

Discuss changing downtown parking hours from 8:00 am 8:00 pm to 10:00 am 6:00 pm

10. ADJOURNMENT – The next Regular City Council Meeting will be held on March 11, 2025 at 7:00 pm
POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on February 20, 2025, by 6:00 pm. 2 of 150
"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
February 25, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation & Aquatic Center, Community Room
251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbrunocagov.zoom.us/j/85119954057?
pwd=rh0mCLMKMK7DcJ9YPTKmMDIz0y4fay.1
Phone Line: 16465588656
Webinar ID: 851 1995 4057
Webinar Password: 689284
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Councilmember Alvarez:

Discuss changing downtown parking hours from 8:00 am 8:00 pm to 10:00 am 6:00 pm

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
February 11, 2025
6:00 PM

1. CALL TO ORDER
The meeting was called to order at 6:00 pm.

2. ROLL CALL
Councilmembers Alvarez, Hamilton, Salazar, Vice Mayor M. Medina and Mayor R.

Medina were all present.

3. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager
Employee organizations: Teamsters Local 856, IBT Miscellaneous, Fire, Police and Public Safety MidManagement; Teamsters Local 350, IBT MidManagement; San Bruno Management Employees Association; and Unrepresented Employees No reportable action was taken.

4. ADJOURNMENT
This meeting adjourned at 7:00 pm to the next Regular City Council Meeting on February 11, 2025 at 7:00 pm.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of February 25, 2025. ______________________________       ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor
4 of 150
Item 6a.

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
February 11, 2025
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:00 pm.

2. ROLL CALL
Councilmembers Alvarez, Hamilton, Salazar, Vice Mayor M. Medina and Mayor M.

Medina were all present.

3. PLEDGE OF ALLEGIANCE
Mayor R. Medina led the pledge.

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
The following member(s) of the public provided comment(s):
• Chris
• Isin al-Otat

5. ANNOUNCEMENTS/PRESENTATIONS
a. Presentation of a Community Grant Check to the San Bruno City Council for the Library's Summer Reading Program from San Bruno Community Foundation San Bruno Community Foundation President Malissa Netane-Jones presented the item to the City Council
No members of the public wished to speak under Announcements/Presentations

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City Council – Minutes
February 11, 2025

Page 2 of 3 ends

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for the Meetings of January 24, 2025 and January 28, 2025 and Regular Meeting Minutes for the Meetings of January 14, 2025 and January 28, 2025
b. Approve Accounts Payable for January 27, 2025 and February 3, 2025 c. Accept Payroll for January 26, 2025
d. Approve Investment Report Dated January 31, 2025
e. Consider Adoption of a Resolution Accepting the 2023-24 Slurry Seal Project as Complete; Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and Authorizing the Release of the Construction Contract Retention in the Amount of $29,796.72
f. Consider Adopting the Fiscal Year 2025-26 City Council Priorities and Budget Principles
g. Consider Adoption of a Resolution Accepting the Winter Storm Hazard Mitigation Project Adjacent to Water Tank 1 by Cunningham Way as Complete; Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and Authorizing the Release of the Construction Contract Retention in the Amount of $15,420
h. Receive and File the Annual Comprehensive Financial Report, Report on Agreed- Upon Procedures Applied to Appropriations Limit Schedule, and Other Required Outside Agency Reports for the Fiscal Year Ended June 30, 2024 i. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Repealing San Bruno Municipal Code Chapter 10.24 (Municipal Cable Television And Communications System) and Amending Chapter 10.28 (State Video Franchises) and Finding Such Action Exempt from the California Environmental Quality Act”
No items were pulled for a separate vote
Item f – Councilmember Hamiton pulled item for questions/comments.

Chief Financial Officer Nick Pegueros answered questions.

Item h – Councilmember Hamilton pulled item for questions/comments.

Chief Financial Officer Nick Pegueros answered questions.

No members of the public wished to speak under Consent Calendar.

M/S Hamilton/M. Medina to approve the Consent Calendar. Motion passed unanimously.

7. CONDUCT OF BUSINESS
a. Consider Introducing, Reading by Title Only and Waiving a Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Adopting by Reference Chapter 4.98 of the San Mateo County Ordinance Code (Tobacco Retailer Permit); Repealing and Replacing in its Entirety San Bruno Municipal Code Chapter 6.52 (Tobacco Retailer Permit) in Connection with such Adoption; and Finding the Amendment Exempt from the California Environmental Quality Act” and Set Public Hearing on Adoption of Ordinance for February 25, 2025

6 of 150

City Council – Minutes
February 11, 2025

Page 3 of 3 ends

Community Development Director Peter Gilli presented the item to the City Council and answered questions
The following member(s) of the public provided comment(s):
• Unknown member of the public
M/S Salazar/Alvarez to introduce the ordinance as read by the City Clerk and hold Public Hearing on March 11, 2025. Motion passed unanimously.

8. COUNCIL COMMITTEE REPORT OUT
The City Council had no committee report outs.

9. COMMENTS FROM COUNCIL MEMBERS
The City Council had no comments.

10. ADJOURNMENT
The meeting adjourned at 7:51 pm to the next Regular City Council Meeting on February 25, 2025 at 7:00 pm.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of February 25, 2025.

______________________________      ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

7 of 150

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on pages 1 to 3 inclusive, and/or claims numbered from 213049 through 213165 inclusive, totaling $798,877.62, have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $231,492.05
111 Police Asset Forfeiture $179,093.47
121 Federal/State Grants $43,927.00
122 Solid Waste/Recycle $5,000.00
131 In-Lieu Fees $3,166.64
132 Agency on Aging $429.75
137 Developer Project Contributions $52,087.35
141 Community Development $13,577.00
142 Recreation & Aquatics Center (RAC) $373.00
153 RDA Obligation Retirement Fund $562.50
201 Parks and Facilities Capital $130,643.79
207 Technology Capital $5,100.00
611 Water Fund $17,007.27
621 Stormwater Fund $2,677.97
631 Wastewater Fund $4,353.89
641 CityNet Services Fund $14,990.88
651 Parking Fund $47,045.75
701 Central Garage $6,295.42
702 Facility Maintenance Fund $6,910.14
707 Technology Development $27,090.27
711 Self-Insurance $7,053.48
TOTAL FOR APPROVAL $798,877.62
Respectfully submitted,
_________________________
Chief Financial Officer Date
Docusign Envelope ID: EF431D3B-CE7E-4E5B-9007-359D30DEF31F 2/12/2025
8 of 150
Item 6b.
2/10/2025 11:54:45AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0107770 A & D AUTOMATIC GATE COMPANY 213049 3,402.502/10/2025 0000163 AIRPORT AUTO PARTS INC. 213050 1,242.752/10/2025 0110783 ALEX MCINTYRE 213115 86.832/10/2025
0104542 ALTA LANGUAGE SERVICES, INC. 213051 207.002/10/2025 0106185 ARIS KORON 213109 250.002/10/2025
0014617 AT&T 213055 375.002/10/2025
0016123 AT&T 213056 5,444.372/10/2025
0015110 AT&T MOBILITY 213057 100.302/10/2025
0018465 AT&T MOBILITY 213058 88.342/10/2025
0107032 AXON ENTERPRISE, INC. 213059 152,843.472/10/2025 0000345 BAKER & TAYLOR BOOKS 213060 1,711.332/10/2025 0108691 BEAR CLOUD TECHNOLOGIES, INC. 213062 17,761.342/10/2025 0110745 BETTERHELP, INC. 213063 510.002/10/2025
0109646 BIO CAR CARE 213064 785.002/10/2025
0000098 BRODART CO. 213065 57.662/10/2025
0106437 CALIX, INC. 213066 814.842/10/2025
0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 213110 1,195.892/10/2025 0106548 CAPITAL ONE TRADE CREDIT 213067 65.892/10/2025 0017206 CENTRAL CONCRETE SUPPLY CO.INC 213068 329.952/10/2025 0111874 CERTAPRO PAINTERS 213069 7,399.852/10/2025
0106644 CHRIS KAJIOKA 213108 31.482/10/2025
0016324 CINTAS CORPORATION #464 213070 339.552/10/2025 0098588 CITY OF BURLINGAME 213071 500.002/10/2025
0109998 CONSOR PMCM, INC. 213073 28,797.402/10/2025
0109788 CORE & MAIN LP 213074 2,762.262/10/2025
0104729 CRESTMOOR AUTO CENTER 213075 156.802/10/2025
0105894 CRIME SCENE CLEANERS, INC. 213076 130.002/10/2025 0018331 CSG CONSULTANTS INC. 213077 1,187.002/10/2025 0111910 DARMANIN JOHN F TR 213078 453.012/10/2025
0108696 DAVID J POWERS AND ASSOCIATES, INC. 213129 39,894.352/10/2025 0111244 DEE SPENCER 213079 1,253.002/10/2025
0109265 DESIGNOVATIONS, INC. 213080 1,728.162/10/2025 0109577 DIRECTWORX 213081 2,369.492/10/2025
0110948 DKG CONSULTANTS, LLC 213082 562.502/10/2025
0105820 EAST BAY TIRE CO 213083 1,089.872/10/2025
0018799 ECONOMIC&PLANNING SYSTEMS INC. 213084 22,890.002/10/2025 0017300 ENVIRONMENTAL HEALTH FEE 213086 373.002/10/2025 0000944 FEDEX 213087 36.822/10/2025
0109337 FLOCK SAFETY 213089 50,000.002/10/2025
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 213090 4,766.432/10/2025 0018117 FLYERS ENERGY, LLC 213091 11,735.172/10/2025
0106223 FRANK'S TEXAS BBQ, LLC 213092 1,981.222/10/2025 0109776 FRESH LINE PRODUCE 213093 134.752/10/2025
0100938 GABRIEL RICHARDSON 213133 250.002/10/2025
0110360 GOT GOPHERS, INC. 213094 1,800.002/10/2025
0102989 GOT POWER INC. 213095 2,385.002/10/2025
0000162 GRAINGER 213096 1,410.542/10/2025
0000541 GRANITE ROCK COMPANY 213097 173.272/10/2025
0095966 GREAT AMERICA FINANCIAL SVC. 213098 354.382/10/2025 0017900 GREAT LAKES DATA SYSTEMS INC 213099 2,403.502/10/2025 0105210 GYM PRECISION, INC. 213100 295.002/10/2025
0000385 HACH COMPANY 213101 1,939.152/10/2025
0111486 HD SUPPLY, INC. 213102 2,528.892/10/2025
Page: 1
Docusign Envelope ID: EF431D3B-CE7E-4E5B-9007-359D30DEF31F

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2/10/2025 11:54:45AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0018544 HEART OF SAN MATEO COUNTY 213103 16,701.642/10/2025 0017323 HOWARD ROME MARTIN&RIDLEY LLP 213104 2,722.502/10/2025 0110624 INTEGRITY SURVEILLANCE GROUP 213105 998.002/10/2025 0000581 IRVINE & JACHENS INC. 213106 748.172/10/2025 0108549 JEANETTE M FEINBERG 213088 126.002/10/2025
0111923 JOSEPH SIMONI 213150 500.002/10/2025
0018376 JT2 INTEGRATED RESOURCES 213107 7,053.482/10/2025 0110998 LAZ PARKING ASSOCIATES LLC 213111 37,890.602/10/2025 0000849 LEAGUE OF CALIFORNIA CITIES 213112 18,004.002/10/2025 0018777 LEXISNEXIS RISK DATA MANAGEMENT 213136 525.752/10/2025 0111799 MALLORY SAFETY AND SUPPLY LLC 213113 343.442/10/2025 0109532 MATRIX HG, INC. 213114 363.752/10/2025
0104676 MATTHEW PERENCIN 213124 117.602/10/2025
0016041 METROMOBILE COMMUNICATIONS 213116 1,813.952/10/2025 0111055 O'REILLY AUTO PARTS 213119 68.192/10/2025
0110243 ODP BUSINESS SOLUTIONS, LLC 213117 2,392.602/10/2025 0097567 ONE HOUR DRY CLEANING 213118 311.752/10/2025
0104998 OWEN EQUIPMENT COMPANY 213120 67.422/10/2025
0000012 PACIFIC GAS & ELECTRIC 213121 57,737.632/10/2025 0106110 PACIFIC OFFICE AUTOMATION 213122 701.982/10/2025 0111846 PACIFIC POLYMERS, INC. 213123 99,155.872/10/2025 0111909 PAMELA ANTIL 213053 327.152/10/2025
0106229 PET FOOD EXPRESS 213125 620.352/10/2025
0108277 PIVOT GROUP LLC 213126 4,600.002/10/2025
0111229 PORTER CAPITAL CORPORATION 213127 6,107.252/10/2025 0111229 PORTER CAPITAL CORPORATION 213128 2,520.002/10/2025 0097558 PURCHASE POWER 213130 412.512/10/2025
0000229 REEVES CO., INC. 213131 65.892/10/2025
0111913 REZA ASKARNIA 213054 1,081.302/10/2025
0103531 RICOH USA, INC. 213134 651.882/10/2025
0103531 RICOH USA, INC. 213135 298.872/10/2025
0106293 ROBERT HALF 213137 6,156.402/10/2025
0109297 RORO'S AUTO REPAIR INC. 213138 4,336.782/10/2025 0111580 ROSS-CAMPBELL, INC. 213139 5,000.002/10/2025
0016774 SAN DIEGO POLICE EQUIPMENT CO. 213140 3,343.062/10/2025 0099047 SAN MATEO CTY SHERIFF'S OFFICE 213141 5,111.202/10/2025 0099047 SAN MATEO CTY SHERIFF'S OFFICE 213142 550.002/10/2025 0018597 SAN MATEO DAILY JOURNAL 213143 2,880.002/10/2025 0109773 SECURITY 101 213144 4,080.002/10/2025
0110592 SEROLOGICAL RESEARCH INSTITUTE 213145 4,575.002/10/2025 0097626 SHARP ELECTRONICS CORP. 213146 1,199.922/10/2025 0018962 SHOE DEPOT INC. 213147 226.412/10/2025
0017676 SIEMENS INDUSTRY, INC. 213148 530.002/10/2025 0017676 SIEMENS INDUSTRY, INC. 213149 441.702/10/2025 0093543 SMCPCSA 213151 1,250.002/10/2025
0105481 STARVISTA 213152 18,565.062/10/2025
0017857 STERICYCLE, INC. 213153 171.122/10/2025
0109977 STEVE BLANC INVESTIGATIONS 213154 5,400.002/10/2025 0017036 STEVEN'S BAY AREA DIESEL SERVICE, INC. 213061 1,052.682/10/2025 0111583 SUMURI LLC 213155 12,907.022/10/2025
0105796 SUNRISE FOOD DISTRIBUTOR INC. 213156 295.002/10/2025 0110995 T2 SYSTEMS CANADA INC. 213157 5,600.002/10/2025 0110995 T2 SYSTEMS CANADA INC. 213158 3,555.152/10/2025 0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 213085 4,095.172/10/2025 Page: 2
Docusign Envelope ID: EF431D3B-CE7E-4E5B-9007-359D30DEF31F

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2/10/2025 11:54:45AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0111550 THERMO SCIENTIFIC PORTAB. ANALYTICAL INSTRUMENTS 213052 43,927.002/10/2025 0107371 TIMOTHY WETTELAND 213163 225.002/10/2025
0106660 TRIDENT K9 CONSULTING INC. 213159 550.002/10/2025 0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 213132 412.102/10/2025 0095749 VERIZON WIRELESS 213160 3,652.512/10/2025
0108652 WATER WORKS ENGINEERS, LLC 213161 2,481.522/10/2025 0105955 WEST COAST CODE CONSULTANTS, INC. 213072 1,305.002/10/2025 0104660 WEST YOST ASSOCIATES, INC. 213162 2,331.002/10/2025 0096893 WILSEY HAM 213164 2,513.002/10/2025
0108261 WOODARD & CURRAN 213165 3,745.002/10/2025
Total count: 117
GrandTotal: 798,877.62
Page: 3
Docusign Envelope ID: EF431D3B-CE7E-4E5B-9007-359D30DEF31F

11 of 150

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 18, 2025

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative

SUBJECT: Accounts Payable Warrant Register

This is to certify that the claims listed on pages 1 to 3 inclusive, and/or claims numbered from 213166 through 213301 inclusive, totaling $2,799,642.20, have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $344,047.56
111 Police Asset Forfeiture $220.00
132 Agency on Aging $429.75
133 Restricted Revenues $7,572.28
137 Developer Project Contributions $230,474.30
141 Community Development $30,244.25
142 Recreation & Aquatics Center (RAC) $37,794.62
201 Parks and Facilities Capital $208,457.28
203 Street Improvement Projects $47,611.95
611 Water Fund $244,161.43
621 Stormwater Fund $10,333.50
631 Wastewater Fund $1,430,443.59
641 CityNet Services Fund $98,035.57
651 Parking Fund $51,481.66
701 Central Garage $481.19
702 Facility Maintenance Fund $2,637.81
707 Technology Development $9,704.68
711 Self-Insurance $45,510.78
TOTAL FOR APPROVAL $2,799,642.20

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: 9E966492-7588-4BBD-B2DE-6E4A649D2A7A 2/19/2025

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2/18/2025 10:49:22AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0001170 AIRGAS USA, LLC 213166 262.422/18/2025
0000163 AIRPORT AUTO PARTS INC. 213167 158.122/18/2025 0111912 AKEL ENGINEERING GROUP,INC. 213168 37,171.502/18/2025 0018976 ALPHA ANALYTICAL LAB. INC. 213169 4,722.002/18/2025 0000274 ALPINE AWARDS INC 213170 677.592/18/2025
0014890 AMERICAN WATER WORKS ASSN. 213171 111.002/18/2025 0111925 ANN JORGENSEN 213224 24.412/18/2025
0111159 ASHLEY CROCIANI 213194 2,520.002/18/2025
0016123 AT&T 213174 345.062/18/2025
0015110 AT&T MOBILITY 213175 340.382/18/2025
0018206 AYSO REGION 249 213176 14.792/18/2025
0000345 BAKER & TAYLOR BOOKS 213177 8,346.522/18/2025 0017431 BAY AREA AIR QUALITY MANAGEMENT DISTRICT 213257 1,095.002/18/2025 0111875 BAY AREA FLOORS&DESIGN CARPET ONE 213208 18,344.342/18/2025 0110745 BETTERHELP, INC. 213179 340.002/18/2025
0000098 BRODART CO. 213180 713.832/18/2025
0111931 BRUTUS LO 213233 13.442/18/2025
0105134 CALIFORNIA CONSERVATION CORPS 213181 26,535.002/18/2025 0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 213228 6,942.562/18/2025 0106548 CAPITAL ONE TRADE CREDIT 213182 860.292/18/2025 0017843 CENTRAL COUNTY FIRE DEPT. 213183 36,150.252/18/2025 0106408 CHRIS DE LA CRUZ 213197 890.002/18/2025
0103854 CHRISTINE E HOPKINS 213220 425.752/18/2025
0016324 CINTAS CORPORATION #464 213184 86.122/18/2025 0098588 CITY OF BURLINGAME 213185 500.002/18/2025
0000386 CITY OF SOUTH SAN FRANCISCO 213186 1,368,849.262/18/2025 0110074 COGENT COMMUNICATIONS, INC. 213188 4,000.002/18/2025 0111326 COMMSCOPE TECHNOLOGIES, LLC 213189 17,638.232/18/2025 0109998 CONSOR PMCM, INC. 213190 32,959.312/18/2025
0103459 CORA (COMMUNITY OVERCOMING RELATIONSHIP ABUSE) 213248 7,477.002/18/2025 0110432 CORPORATION OF THE FINE ARTS MUSEUM 213245 150.002/18/2025 0015857 COUNTY OF SAN MATEO 213192 82.252/18/2025
0111930 CRAIG SACKETT 213263 64.682/18/2025
0106503 CRASH DATA GROUP, INC. 213193 1,500.002/18/2025 0018331 CSG CONSULTANTS INC. 213195 37,065.002/18/2025 0111046 CUMMINS SALES AND SERVICE 213196 162,933.502/18/2025 0104669 DAVID LEWIS 213232 67.712/18/2025
0000197 DEMCO SUPPLY INC. 213198 185.982/18/2025
0018295 DEPT. OF INDUSTRIAL RELATIONS 213199 29,816.892/18/2025 0110123 DUNNIGAN PSYCHOLOGICAL& THREAT ASSESSMENTS, LLC 213282 625.002/18/2025 0111914 E-IKON, LLC 213202 6,630.002/18/2025
0018799 ECONOMIC&PLANNING SYSTEMS INC. 213201 9,177.502/18/2025 0111911 EMBARC SAN BRUNO 213203 30,000.002/18/2025
0000944 FEDEX 213204 120.482/18/2025
0111111 FERGUSON WATERWORKS #1423 213205 20.582/18/2025 0109510 FIRST ALARM 213207 164.252/18/2025
0109776 FRESH LINE PRODUCE 213209 134.752/18/2025
0018272 GALE/CENGAGE LEARNING 213210 21.962/18/2025
0111440 GALEN YUSUFZAI-BOGGS 213299 500.002/18/2025
0111929 GERALDINE SETTING 213269 75.032/18/2025
0111210 GHIRARDELLI ASSOCIATES, INC. 213211 9,951.002/18/2025 0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 213284 93.962/18/2025 0108425 GOOD CITY COMPANY 213212 131,691.272/18/2025
Page: 1
Docusign Envelope ID: 9E966492-7588-4BBD-B2DE-6E4A649D2A7A

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2/18/2025 10:49:22AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0102989 GOT POWER INC. 213213 2,532.952/18/2025
0000162 GRAINGER 213214 293.832/18/2025
0105687 GRAPHICS ON THE EDGE 213215 1,335.052/18/2025 0095966 GREAT AMERICA FINANCIAL SVC. 213216 2,002.962/18/2025 0000385 HACH COMPANY 213217 1,348.002/18/2025
0109502 HAULAWAY STORAGE CONTAINERS, INC. 213275 255.362/18/2025 0111486 HD SUPPLY, INC. 213218 1,403.112/18/2025
0111486 HD SUPPLY, INC. 213219 19.142/18/2025
0111937 HEMI SANGANI 213265 27.282/18/2025
0018838 INFOSEND, INC. 213222 4,441.352/18/2025
0000545 INTERNATIONAL ASSOCIATION OF POLICE CHIEFS 213173 220.002/18/2025 0099017 JACQUELINE DEVINCENZI 213200 24.412/18/2025
0111938 JIAQI WU 213298 54.522/18/2025
0111935 JOHNATHAN KUENDIG 213227 64.112/18/2025
0000771 JT2 INTEGRATED RESOURCES 213225 15,693.892/18/2025 0017004 KNORR SYSTEMS INT'L., LLC 213226 1,265.892/18/2025 0110252 KRISELLE ZEVADA 213301 499.002/18/2025
0110355 LANGUAGE NETWORK, INC 213229 130.002/18/2025
0110998 LAZ PARKING ASSOCIATES LLC 213230 42,088.612/18/2025 0106012 LEXISNEXIS CLAIMS SOLUTIONS INC. 213187 8,144.472/18/2025 0018777 LEXISNEXIS RISK DATA MANAGEMENT 213261 365.752/18/2025 0017924 LORAL LANDSCAPING INC. 213234 2,100.002/18/2025 0108432 LUPITA HUERTA 213221 232.362/18/2025
0111932 LYUDMILA TRETYAKOVA 213285 8.152/18/2025
0111799 MALLORY SAFETY AND SUPPLY LLC 213236 1,373.752/18/2025 0102496 MARK MC'GANN 213238 125.702/18/2025
0109532 MATRIX HG, INC. 213237 363.752/18/2025
0111942 MAY LEE 213231 500.002/18/2025
0103971 MAYRA MENDEZ 213239 66.842/18/2025
0001709 MILLBRAE LOCK 213240 640.892/18/2025
0093899 MISTY SCHOLZ 213267 32.152/18/2025
0103600 MOMENTUM TELECOM, INC. 213242 7,611.602/18/2025 0111934 MORGAN JENSEN 213223 18.292/18/2025
0110243 ODP BUSINESS SOLUTIONS, LLC 213244 1,257.332/18/2025 0097567 ONE HOUR DRY CLEANING 213246 639.852/18/2025
0018701 ORKIN PEST CONTROL 213247 1,301.002/18/2025
0000012 PACIFIC GAS & ELECTRIC 213249 75,432.822/18/2025 0000294 PITNEY BOWES 213250 35.262/18/2025
0111539 PJC ENTERPRISES, LLC 213251 12,933.032/18/2025 0111229 PORTER CAPITAL CORPORATION 213252 6,309.402/18/2025 0018656 PRECISION CONCRETE CUTTING 213253 36,504.002/18/2025 0000285 PREFERRED ALLIANCE, INC. 213254 587.582/18/2025 0097558 PURCHASE POWER 213256 211.302/18/2025
0013981 QUILL CORPORATION 213258 495.802/18/2025
0000175 RECOLOGY SAN BRUNO 213259 849.422/18/2025
0107432 RED WING BRANDS OF AMERICA,INC 213260 247.182/18/2025 0111926 ROB SCARPINO 213266 20.372/18/2025
0106293 ROBERT HALF 213262 2,380.002/18/2025
0000022 ROBERT LOUIE 213235 438.752/18/2025
0111933 ROY TRIPPLE 213287 200.292/18/2025
0017432 SAN MATEO COUNTY PUBLIC SAFETY COMMUNICATIONS 213255 2,365.752/18/2025 0099047 SAN MATEO CTY SHERIFF'S OFFICE 213264 2,000.002/18/2025 0111943 SARAH BARBER 213178 500.002/18/2025
0106068 SCOTT'S PPE RECON, INC. 213268 6,631.472/18/2025 Page: 2
Docusign Envelope ID: 9E966492-7588-4BBD-B2DE-6E4A649D2A7A

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2/18/2025 10:49:22AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0100798 SHARON STEFANIUK 213274 24.162/18/2025
0097626 SHARP ELECTRONICS CORP. 213270 876.252/18/2025 0001225 SIERRA PACIFIC TURF SUPPLY,INC 213271 1,708.782/18/2025 0104787 SINGER ASSOCIATES, INC. 213272 98,953.782/18/2025 0110326 SNG & ASSOCIATES, INC. 213273 2,574.502/18/2025 0109626 SOUTHERN FIBERNET COMMUNICATIONS LLC 213206 31,456.302/18/2025 0106695 SPECIAL K PRODUCTIONS MOBILE DANCE STUDIO 213241 952.742/18/2025 0111927 STEPHAN NELMS 213243 7.182/18/2025
0111370 SUAREZ&MUNOZ CONSTRUCTION, INC 213276 126,699.102/18/2025 0105796 SUNRISE FOOD DISTRIBUTOR INC. 213277 295.002/18/2025 0095565 SWINERTON BUILDERS 213278 13,715.032/18/2025
0018670 T-MOBILE USA, INC. 213283 315.002/18/2025
0110995 T2 SYSTEMS CANADA INC. 213279 5,600.002/18/2025 0110995 T2 SYSTEMS CANADA INC. 213280 3,793.052/18/2025 0015671 TECHNOLOGY, ENGINEERING & CONSTRUCTION, INC. 213191 975.002/18/2025 0106583 TELEPATH CORPORATION 213281 3,780.002/18/2025 0106660 TRIDENT K9 CONSULTING INC. 213286 550.002/18/2025 0017133 TURBO DATA SYSTEMS INC 213288 14,697.032/18/2025 0001362 TV GUIDE MAGAZINE, LLC 213289 47.822/18/2025
0018618 UNITED SITE SERVICES INC. 213290 325.932/18/2025 0102744 UNIVERSAL BUILDING SERVICES 213291 4,457.542/18/2025 0095749 VERIZON WIRELESS 213293 3,657.392/18/2025
0111936 VLADIMIR VASILEVSKI 213292 25.842/18/2025
0104233 WAVE 213294 17,950.002/18/2025
0096767 WEST COAST ARBORISTS, INC. 213295 128,239.132/18/2025 0104660 WEST YOST ASSOCIATES, INC. 213296 22,865.752/18/2025 0111928 WILLIAM ARAGON 213172 51.592/18/2025
0096893 WILSEY HAM 213297 57,529.752/18/2025
0104033 ZCORUM, INC. 213300 11,308.842/18/2025
Total count: 136
GrandTotal: 2,799,642.20
Page: 3
Docusign Envelope ID: 9E966492-7588-4BBD-B2DE-6E4A649D2A7A

15 of 150

16 of 150
Item 6c.

17 of 150

Cash Fund Total
8,232,468.87 8,293,421.77
12,703,482.37 12,703,482.37
14,523,055.92 14,523,055.92
10,892,935.71 10,892,935.71
2,694,143.22 2,694,143.22

0.00 0.00

0.00 0.00
543,967.26 543,967.26
329,994.53 329,994.53
4,429.09 4,429.09
1,202,977.87 1,202,977.87
642,177.53 642,177.53
282,256.80 282,256.80
(76,127.30) (76,127.30)
489,963.33 489,963.33

0.90 0.90
4,035,055.20 4,035,055.20
(13,043.94) (13,043.94)
2,391,363.93 2,391,363.93
966,824.39 966,824.39
1,781,214.64 1,781,214.64
10,482,520.60 10,482,520.60

0.00 0.00
3,510,027.79 3,510,027.79
(526,589.35) (526,589.35)

0.00 0.00
700,648.55 700,648.55
434,640.09 499,367.21
4,413,948.44 4,413,948.44
22,762.07 22,762.07
378,472.78 378,472.78
6,079,518.26 6,079,518.26
332,928.16 332,928.16
4,917,641.76 4,917,641.76
11,318,123.56 11,318,123.56

0.00 0.00
7,407,718.44 7,407,718.44
12,099,497.50 12,099,497.50
1,961,960.68 1,961,960.68
357,236.59 422,952.33
51,857,714.32 51,858,356.47
1,939,133.58 1,939,133.58
44,571,745.63 44,632,960.84
5,818,889.54 5,818,889.54
1,037,771.76 1,037,771.76
(111,532.55) (111,532.55)
222,209.39 222,209.39
2,344,381.04 2,344,381.04
709,975.61 709,975.61
443,033.98 534,152.48

0.00 0.00
234,351,518.54 234,695,890.16
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value I
nvestment Portfolio Value 228,505,531.36
Cash on hand - Checking Account 8,093,745.49
Payroll and Accounts Payable Outstanding Checks (1,855,970.20) Deposits in Transit (391,788.11)
General Ledger Cash Balance as of September 30, 2024 234,351,518.54 Prepared By: ____________________________________________________ Reviewed By: ____________________________________________________ 891 RECOLOGY SAN BRUNO 0.00
Grand Total: 344,371.62
Totals are through period: 4
707 TECHNOLOGY DEVELOPMENT 0.00
711 SELF INSURANCE 91,118.50
702 FACILITY MAINT.FUND 0.00
703 GENERAL EQUIPMENT REVOLVING 0.00
651 PARKING FUND 0.00
701 CENTRAL GARAGE 0.00
631 WASTEWATER FUND 61,215.21
641 CITYNET SERVICES FUND 0.00
611 WATER FUND 642.15
621 STORMWATER FUND 0.00
207 TECHNOLOGY CAPITAL 0.00
302 LEASE DEBT SERVICE 65,715.74
201 PARKS AND FACILITIES CAPITAL 0.00
203 STREET IMPROVE. PROJECTS 0.00
166 COMMUNITY BENEFIT FUND 0.00
190 DISASTER RECOVERY FUND 0.00
164 UTILITIES FACILITIES IMPACT FEE 0.00
165 BAYHILL SPECIFIC PLAN AREA DEVELOPMENT 0.00
162 GENERAL GOVERNMENT FACILITIES IMPACT F 0.00
163 TRANSPORTATION FACILITIES IMPACT FEE 0.00
160 COMMUNITY FACILITIES IMPACT FEE 0.00
161 PUBLIC SAFETY FACILITIES IMPACT FEE 0.00
152 CITY OF SB AS SUCCESSOR HOUSING AGENC 0.00
153 RDA OBLIGATION RETIREMENT FUND 64,727.12
142 RECREATION & AQUATICS CENTER (RAC) 0.00
151 SUCCESSOR AGENCY TO THE SB RDA - OPS 0.00
140 DEVELOPER IN-LIEU UNDERGROUNDING 0.00
141 COMMUNITY DEVELOPMENT 0.00
137 DEVELOPER PROJECT CONTRIBUTIONS 0.00
138 AFFORDABLE HOUSING IMPACT FEES 0.00
133 RESTRICTED REVENUES 0.00
136 EMERGENCY DISASTER RESERVE 0.00
131 IN-LIEU FEES 0.00
132 AGENCY ON AGING 0.00
122 SOLID WASTE/RECYCL. 0.00
130 IMPACT FEES 0.00
113 POLICE SPECIAL REVENUE 0.00
121 FEDERAL/STATE GRANTS 0.00
104 MEASURE W TRANSPORTATION TAX 0.00
111 POLICE ASSET FORFEITURE 0.00
102 MEASURE A TRANSPORTATION TAX 0.00
103 STREET SPECIAL REVENUE 0.00
009 PARKING FUND 0.00
101 GAS TAX 0.00
005 MEASURE G DISTRICT SALES TAX 0.00
006 AMERICAN RESCUE PLAN ACT 0.00
003 ONE-TIME REVENUE 0.00
004 CAP IMPROV/ONE-TIME INITIATIVE RSRV 0.00
Investments
001 GENERAL FUND 60,952.90
002 GENERAL FUND RESERVE 0.00
glCashInv.rpt Cash and Investments Report Page: 1
2/19/2025 2:22:32PM
City of San BrunoThrough period: 4 Through October 2024 Docusign Envelope ID: 1D72A894-1E7D-4025-B2F7-34F758D20417 2/19/2025
2/19/2025
18 of 150
Item 6d.

Cash Fund Total
10,428,924.24 10,489,877.14
12,703,482.37 12,703,482.37
15,523,041.39 15,523,041.39
10,892,935.71 10,892,935.71
3,047,041.00 3,047,041.00

0.00 0.00

0.00 0.00
761,277.67 761,277.67
426,798.56 426,798.56
4,429.09 4,429.09
1,202,977.87 1,202,977.87
681,782.57 681,782.57
298,357.13 298,357.13
(53,408.38) (53,408.38)
487,603.03 487,603.03

0.90 0.90
4,035,055.20 4,035,055.20
(43,452.37) (43,452.37)
2,431,519.66 2,431,519.66
966,824.39 966,824.39
1,601,913.14 1,601,913.14
10,482,520.60 10,482,520.60

0.00 0.00
3,689,546.09 3,689,546.09
(742,431.15) (742,431.15)

0.00 0.00
700,648.55 700,648.55
434,640.09 434,707.60
4,413,948.44 4,413,948.44
22,762.07 22,762.07
378,472.78 378,472.78
6,079,518.26 6,079,518.26
332,928.16 332,928.16
4,917,641.76 4,917,641.76
11,318,123.56 11,318,123.56

0.00 0.00
6,926,632.38 6,926,632.38
12,198,543.30 12,198,543.30
1,866,214.28 1,866,214.28
197,163.91 262,881.39
52,872,272.48 53,083,047.48
1,692,693.45 1,692,693.45
44,265,675.57 44,406,884.74
5,996,334.59 5,996,334.59
1,032,163.27 1,032,163.27
(197,409.52) (197,409.52)
108,624.68 108,624.68
2,342,116.01 2,342,116.01
581,464.49 581,464.49
(493,145.61) (402,027.11)

0.00 0.00
236,814,765.66 237,384,606.22
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value Investment Portfolio Value 221,627,434.55
Cash on hand - Checking Account 16,930,580.82
Payroll and Accounts Payable Outstanding Checks (1,502,658.02) Deposits in Transit (240,591.69)
General Ledger Cash Balance as of September 30, 2024 236,814,765.66 Prepared By: ____________________________________________________ Reviewed By: ____________________________________________________ 891 RECOLOGY SAN BRUNO 0.00
Grand Total: 569,840.56
Totals are through period: 5
707 TECHNOLOGY DEVELOPMENT 0.00
711 SELF INSURANCE 91,118.50
702 FACILITY MAINT.FUND 0.00
703 GENERAL EQUIPMENT REVOLVING 0.00
651 PARKING FUND 0.00
701 CENTRAL GARAGE 0.00
631 WASTEWATER FUND 141,209.17
641 CITYNET SERVICES FUND 0.00
611 WATER FUND 210,775.00
621 STORMWATER FUND 0.00
207 TECHNOLOGY CAPITAL 0.00
302 LEASE DEBT SERVICE 65,717.48
201 PARKS AND FACILITIES CAPITAL 0.00
203 STREET IMPROVE. PROJECTS 0.00
166 COMMUNITY BENEFIT FUND 0.00
190 DISASTER RECOVERY FUND 0.00
164 UTILITIES FACILITIES IMPACT FEE 0.00
165 BAYHILL SPECIFIC PLAN AREA DEVELOPMENT 0.00
162 GENERAL GOVERNMENT FACILITIES IMPACT F 0.00
163 TRANSPORTATION FACILITIES IMPACT FEE 0.00
160 COMMUNITY FACILITIES IMPACT FEE 0.00
161 PUBLIC SAFETY FACILITIES IMPACT FEE 0.00
152 CITY OF SB AS SUCCESSOR HOUSING AGENC 0.00
153 RDA OBLIGATION RETIREMENT FUND 67.51
142 RECREATION & AQUATICS CENTER (RAC) 0.00
151 SUCCESSOR AGENCY TO THE SB RDA - OPS 0.00
140 DEVELOPER IN-LIEU UNDERGROUNDING 0.00
141 COMMUNITY DEVELOPMENT 0.00
137 DEVELOPER PROJECT CONTRIBUTIONS 0.00
138 AFFORDABLE HOUSING IMPACT FEES 0.00
133 RESTRICTED REVENUES 0.00
136 EMERGENCY DISASTER RESERVE 0.00
131 IN-LIEU FEES 0.00
132 AGENCY ON AGING 0.00
122 SOLID WASTE/RECYCL. 0.00
130 IMPACT FEES 0.00
113 POLICE SPECIAL REVENUE 0.00
121 FEDERAL/STATE GRANTS 0.00
104 MEASURE W TRANSPORTATION TAX 0.00
111 POLICE ASSET FORFEITURE 0.00
102 MEASURE A TRANSPORTATION TAX 0.00
103 STREET SPECIAL REVENUE 0.00
009 PARKING FUND 0.00
101 GAS TAX 0.00
005 MEASURE G DISTRICT SALES TAX 0.00
006 AMERICAN RESCUE PLAN ACT 0.00
003 ONE-TIME REVENUE 0.00
004 CAP IMPROV/ONE-TIME INITIATIVE RSRV 0.00
Investments
001 GENERAL FUND 60,952.90
002 GENERAL FUND RESERVE 0.00
glCashInv.rpt Cash and Investments Report Page: 1
2/19/2025 2:27:12PM
City of San BrunoThrough period: 5 Through November 2024 Docusign Envelope ID: 46C132CF-3A4B-458B-8C4D-2932DF438D92 2/19/2025
2/19/2025

19 of 150

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Ana Morales, Management Analyst
SUBJECT: Consider Adoption of a Resolution:
• Authorizing the Mayor, City Manager, or designee, to execute a primary grant agreement with the San Mateo County Transportation Authority to be eligible to receive Measures A and W grants over the next 10 years;
• Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and
• Authorizing the Mayor, City Manager, or designee, to take any other actions necessary to give effect to this resolution
BACKGROUND:

In 1988, San Mateo County voters approved Measure A, a 20-year half-cent sales tax to fund and leverage additional funding for transportation projects and programs in San Mateo County.

The approval of Measure A created the San Mateo County Transportation Authority (TA) to manage and administer the sales tax revenues generated in conformance with the Transportation Expenditure Plan (TEP). The 1988 sales tax expired on December 31, 2008. In 2004, the San Mateo County voters reauthorized the Measure A half-cent sales tax and adopted a new TEP for an additional 25 years (through December 31, 2033). The TEP established funding categories for Transit; Highways Improvements; Local Streets/Transportation; Grade Separations; Pedestrian and Bicycle Improvements; and Alternative Congestion Relief projects.

In 2018, the San Mateo County voters approved Measure W, a 30-year half cent sales tax, from July 1, 2019 through June 30, 2048, to fund and leverage additional funding for transportation projects and programs in San Mateo County that are consistent with the Measure W Congestion Relief Plan. The San Mateo County Transit District (District) levies this tax and administers investments for the 50% of the proceeds assigned to the County Public Transportation Systems category in the Congestion Relief Plan. The TA is responsible for administering the remaining 50% of funds assigned to: Countywide Highway Congestion Improvements; Local Safety, Pothole and Congestion Relief Improvements including Grade Separations; Bicycle and Pedestrian Improvements; and Regional Transit Connections.

Historically, the TA has executed separate funding agreements and memoranda of understanding (and associated amendments) for each phase of each project funded by Measures A and W. To streamline the contracting process, the TA has developed a new primary grant agreement (PGA) through which the TA and project sponsors will document the 20 of 150
Item 6e.

Honorable Mayor and Members of the City Council
February 25, 2025

Page 2 of 2 ends

structure of their relationships and related obligations. Concise individual project supplements will detail each funded project and any specific requirements during the 10-year PGA term.

In order to be eligible for TA Measures A and W funding over the next 10 years, the TA requires sponsors' governing boards to adopt resolutions authorizing the sponsor's chief executive/ mayor/ chair, or designee, to sign a PGA with the TA.

DISCUSSION:

The San Mateo County TA is requiring governing bodies to adopt resolutions authorizing the execution of the PGA with the TA by March 1, 2025. Therefore, to align with San Mateo County TA’s timeline, staff is seeking authorization for the Mayor, City Manager, or Designee, to execute a PGA with the San Mateo County TA for future Measures A and W funding.

FISCAL IMPACT:

Each year, the City receives approximately $650,000 to $1,000,000 in Measure A funds and approximately $69,000 to $440,000 in Measure W funds. The City typically applies both funding sources towards Capital Improvement Program (CIP) projects, including most recently: Bicycle and Pedestrian Improvements at Bayhill Drive & El Camino Real, the Pavement Management Program, Safe Routes to School High Priority Improvements, and the San Bruno Avenue Transit Corridors Plan, among others. If the PGA with the San Mateo County TA is not executed, it would put both of these funding sources at risk, which would, consequently, impact funding towards various City projects and priorities.

ENVIRONMENTAL IMPACT:

There is no environmental impact. The action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Consider Adoption of a Resolution:
•Authorizing the Mayor, City Manager, or designee, to execute a primary grant agreement with the San Mateo County Transportation Authority to be eligible to receive Measures A and W grants over the next 10 years;
•Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and •Authorizing the Mayor, City Manager, or designee, to take any other actions necessary to give effect to this resolution.

ALTERNATIVES:

1. Do not execute the Primary Grant Agreement with the San Mateo County Transportation Authority and risk future Measures A and W funding.

ATTACHMENTS:

1. Resolution

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1 RESOLUTION NO. 2025 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING THE

MAYOR, CITY MANAGER, OR DESIGNEE, TO EXECUTE A PRIMARY GRANT AGREEMENT

WITH THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY TO BE ELIGIBLE TO RECEIVE MEASURES A AND W GRANTS OVER THE NEXT 10 YEARS; CERTIFYING THAT

ANY FUNDS AWARDED BY THE TA WILL BE USED TO SUPPLEMENT EXISTING FUNDS FOR PROGRAM ACTIVITIES, AND WILL NOT REPLACE EXISTING FUNDS OR RESOURCES;

AND AUTHORIZING THE MAYOR, CITY MANAGER, OR DESIGNEE, TO TAKE ANY OTHER

ACTIONS NECESSARY TO GIVE EFFECT TO THIS RESOLUTION
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA) of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A);
WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A);
WHEREAS, on November 6, 2018, the voters of San Mateo County authorized a new one- half percent sales tax in San Mateo County for transportation purposes, and tasked the TA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W);
WHEREAS, the City of San Bruno is eligible for funding under certain programs in the 1988 Transportation Expenditure Plan, 2004 Transportation Expenditure Plan, and/or 2018 Congestion Relief Plan; and
WHEREAS, the TA requires the Sponsor's governing board to adopt a resolution authorizing the Sponsor's Mayor, City Manager, or a designee, to sign a Primary Grant Agreement (Exhibit 1) with the TA to receive Measures A and W grants over the next 10 years, and to take any other actions necessary to give effect to this resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:

1. Authorizes the Mayor, City Manager, or designee, to execute a primary grant agreement with the San Mateo County Transportation Authority to be eligible to receive Measures A and W grants over the next 10 years;

2. Certifies that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and

3. Authorizes the Mayor, City Manager, or designee, to take any other actions necessary to give effect to this resolution.

Exhibit A: TA Primary Grant Agreement Template (Capital Operating) ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on February 25, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1

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P

RIMARY GRANT AGREEMENT

SAN MATEO COUNTY TRANSPORTATION AUTHORITY

MEASURE A AND/OR MEASURE W FUNDS
This Primary Grant Agreement (Agreement) is made __________________ by and between the San Mateo County Transportation Authority (TA) and the [Project Sponsor] (Sponsor), each of which is referred to herein individually as “Party” and jointly as “Parties.”

RECITALS
W
HEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the TA of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and
WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A); and
WHEREAS, on November 6, 2018, the voters of San Mateo County authorized a new one-half percent sales tax in San Mateo County for transportation purposes, and tasked the TA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W); and
WHEREAS, the TA and Sponsor desire to enter into this Agreement to establish the process, terms and conditions governing the allocation and expenditure of Measures A/W Funds by Sponsor for capital projects.

Now therefore, the Parties agree as follows:

SECTION 1: Form of Agreements

1.1. P
rimary Grant Agreement. This Primary Grant Agreement outlines the general terms and conditions applicable to all TA allocations of Measures A/W Funds to Sponsor for capital projects. As allocations are made, the TA and Sponsor will enter into subsequent arrangements for each allocation (Project Supplements). From time to time the Parties may enter into Project Supplements with third parties for cosponsored projects.

1.2. Project Supplements. E
ach Project Supplement will be substantially in a form
attached hereto as described in Exhibit A, "Form of Project Supplements " and will be attached to this Agreement and incorporated herein by this reference.

SECTION 2: T erm and Termination

2.1. Ter m . The term of this Agreement will commence on Execution Date and will terminate after 10 years, unless terminated by Sponsor or the TA pursuant to this Section 2. W ork begun under the Agreement will continue to be governed by this Agreement until the Scope of Work is complete.
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2.2. Sponsor’s Right to Terminate; Repayment upon Termination. Sponsor may at any time terminate the Agreement or a Project Supplement by giving ten (10) days’ written notice to the TA of its election to do so. Upon such termination, Sponsor will not be reimbursed for any further Scope of Work Costs associated with the Agreement or the Project Supplement, as applicable, and will reimburse the TA for all monies paid by the TA and costs incurred by the TA in connection with the applicable Scope of Work as well as all reasonable costs and expenses incurred to effect such termination within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.

2.3. Ter mination by the TA . The TA may terminate this Agreement or a Project Supplement, with or without cause, by giving ten (10) days’ written notice of such termination.

If the TA terminates the Agreement for Sponsor’s default, Sponsor will reimburse the TA for all funds paid to Sponsor in connection with all Scopes of Work, and for all costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination, within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.

If the TA terminates a Project Supplement for Sponsor’s default, Sponsor will reimburse the TA for all funds paid to Sponsor in connection with the Scope of Work for the applicable Project Supplement, and for all costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination, within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.

If the TA terminates the Agreement or a Project Supplement for convenience, the TA is obligated to pay to Sponsor all costs and expenses incurred thereunder by Sponsor up to the date of notice of termination, as well as all reasonable costs and expenses incurred to effect such termination.

2.4. Expiration/Suspension of TA’s Financial Obligations. Any and all financial obligations of the TA pursuant to this Agreement expire upon the expenditure of TA’s maximum contribution to each Scope of Work as established in each Project Supplement or the conclusion of the Term as defined in Section

2.1, whichever occurs
first. The TA reserves the right to suspend its financial obligation, with ten (10) days’ advance notice, if Sponsor identifies a risk of not being able to complete a Scope of Work within budget. If Sponsor cannot provide a credible funding plan acceptable to the TA to fund and complete each Scope of Work, the Sponsor will be in default and the TA may terminate this Agreement. If Sponsor identifies a risk of not being able to complete each Scope of Work within budget, failure to report such risk to the TA constitutes default and is cause for termination under Section 2.3.

2.5. Supplementing Existing Revenue. Sponsor agrees that it will use funds provided pursuant to this Agreement to supplement existing revenue. Sponsor will not use Measures A/W Funds to replace other local taxes or revenues already programmed and available for use for the same purpose. Sponsor will use funds provided pursuant to this Agreement only for the Scope of Work for each Project Supplement.

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2.6. Misuse of Funds. If the TA determines that Sponsor has used Measures A/W Funds other than for the approved Scope of Work or Project Costs, the TA will notify Sponsor of its determination. Within thirty (30) days of notification Sponsor will either (a) repay such funds to the TA, or (b) explain in writing how the funds in question were spent for the approved Scope of Work. The TA will respond to Sponsor’s written explanation within thirty (30) days of receipt. Unless otherwise stated in the response, the TA’s response will be final, and Sponsor will repay any funds used other than for the approved Scope of Work within thirty (30) days.

SECTION 3: Time of Performance

3.1. Time of Performance. The time of performance will be specified in each Project Supplement (Time of Performance).

3.2. Ti me Extension. If the Scope of Work cannot be completed within the Time of Performance as defined in Section 3.1, Sponsor must submit a request in writing to the TA no later than six (6) months before the Time of Performance for an extension for the Time of Performance. The TA will review the request and may grant the extension via a letter of concurrence if it is justified in TA’s sole and complete discretion. Extensions longer than one (1) year will require a formal amendment to the Project Supplement.

Costs incurred for the Scope of Work after the Time of Performance are at risk of denial for reimbursement by the TA. The unreimbursed portion of Measures A/W allocation will be retained by the TA for the Measures A/W Program.

SECTION 4: Insurance

4.1. Insurance. For the purposes of this Section, “Entity” is defined as any entity designing, approving designs and/or performing each Scope of Work specified in the Project Supplements funded by this Agreement. Entities may include Sponsor, a contractor of Sponsor, another body on behalf of which Sponsor submitted its funding application, and/or a contractor of such other body.

For each Project Supplement, all Entities will provide the appropriate insurance covering the work being performed as specified in the Project Supplement. The insurance requirements specified in this Section will cover each Entity’s own liability and any liability arising out of work or services of Entity subcontractors, subconsultants, suppliers, temporary workers, independent contractors, leased employees, or any other persons, firms or corporations (hereinafter collectively referred to as “Agents”) working on each Project (as defined in each Project Supplement). If Sponsor itself is an Entity, Sponsor must also provide its own insurance meeting the requirements of this Section. a) Minimum Types and Scope of Insurance. Each Entity is required to procure and maintain at its sole cost and expense insurance subject to the requirements set forth below. Such insurance will remain in full force and effect throughout performance of the Scope of Work. All policies will be issued by insurers acceptable to the TA (generally with a Best’s Rating of A-10 or better). Each Entity is also required to assess the risks associated with work to be performed by Agents and to require that Agents maintain adequate insurance coverages with appropriate limits and endorsements to cover such risks. To the extent that its Agent does not procure and maintain such insurance coverage, an Entity is responsible for and assumes any and all costs and expenses that may be

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incurred in securing said coverage or in fulfilling Entity’s indemnity obligations as to itself or any of its Agents in the absence of coverage. Entities may self-insure against the risks associated with the Scope of Work, but in such case, waive subrogation in favor of the TA respecting any and all claims that may arise. i. Workers’ Compensation and Employer’s Liability Insurance. Worker’s Compensation coverage must meet statutory limits and Employer’s Liability Insurance must have minimum limits of $1 million. Insurance must include a Waiver of Subrogation in favor of the TA. ii. C
ommercial General Liability Insurance. The limit for Commercial General Liability Insurance will be specified in each Project Supplement.

Commercial General Liability Insurance must be primary to any other insurance, name the TA as an Additional Insured, include a Separation of Interests endorsement and include a Waiver of Subrogation in favor of the TA.
iii. B usiness Automobile Liability Insurance. The limit for Business Automobile Liability Insurance will be specified in each Project Supplement. Insurance must cover all owned, non-owned and hired autos, and include a Waiver of Subrogation in favor of the TA. iv. P roperty Insurance . Property Insurance must cover an Entity’s and/or Agent’s own equipment as well as any materials to be installed. Property Insurance must include a Waiver of Subrogation in favor of the TA. v. P rofessional Liability Insurance. If specified in a Project Supplement, Professional Liability insurance should cover each Entity’s and any Agent’s professional work on the Project.
vi. C yber Liability Insurance . If specified in a Project Supplement, and if contract deals with Personally Identifiable Information (PII), then Professional Liability Insurance policy, should also include coverage for Cyber risk coverages including Network and Internet Security Liability coverage, Privacy coverage and Media coverage.
vii. E mployee Theft Insurance/Crime Insurance. If specified in a Project Supplement, then an Employee Theft Insurance policy covering the loss of money, securities or other property resulting from theft by employees.

The policy should include Third-Party Crime or Client Crime coverage viii. C ontractors’ Pollution Liability Insurance and/or Environmental Liability Insurance. If specified in a Project Supplement, Contractors’ Pollution Liability Insurance and/or Environmental Liability insurance should cover potential pollution or environmental contamination or accidents. The limit for Pollution and/or Environmental Liability Insurance in each appropriate contract and subcontract should not be less than $1 million. Such insurance must name the TA as an Additional Insured and include a Waiver of Subrogation in favor of the TA.

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ix. Railroad Protective Liability Insurance. Insurance is required if the Project will include any construction or demolition work within 50 feet of railroad tracks. The limit for Railroad Protective Liability Insurance in each appropriate contract and subcontract cannot be less than $2 million per occurrence and $6 million annual aggregate. On the Entity’s Commercial General Liability insurance policy, the contractual liability exclusion for liability assumed shall be deleted.
b) S pecial Requirement for Caltrain Shuttles. If Sponsor and/or Entity is operating shuttle(s) with the Caltrain logo on the vehicle(s) or on any shuttle public information materials, the Commercial General Liability, Business Automobile, and Pollution and/or Environmental Liability (if applicable) policies also must name as Additional Insureds: the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the Service, and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers and agents while acting in such capacity, and their successors or assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally. c) E
xcess or Umbrella Coverage. Sponsor and/or any other Entity may opt to procure excess or umbrella coverage to meet the above requirements, but in such case, these policies must also satisfy all specified endorsements and stipulations for the underlying coverages and include provisions that the policy holder’s insurance is to be primary without any right of contribution from the TA. d) D eductibles and Retentions . Sponsor must ensure that deductibles or retentions on any of the above insurance policies are paid without right of contribution from the TA. Deductible and retention provisions cannot contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable.

In the event that any policy contains a deductible or self-insured retention, and in the event that the TA seeks coverage under such policy as an additional insured, Sponsor will ensure that the policy holder satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Entity or Agents, even if neither the Entity nor Agents are named defendants in the lawsuit.
e) Claims Made Coverage. If any insurance specified above is provided on a claim- made basis, then in addition to coverage requirements above, such policy must provide that:
i. Policy retroactive date coincides with or precedes the Entity’s start of work (including subsequent policies purchased as renewals or replacements).
ii. Entity will make every effort to maintain similar insurance for at least three (3) years following Project completion, including the requirement of adding all additional insureds.

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iii. If insurance is terminated for any reason, each Entity agrees to purchase an extended reporting provision of at least three (3) years to report claims arising from work performed in connection with this Agreement. iv. Policy allows for reporting of circumstances or incidents that might give rise to future claims.
f) Failure to Procure Adequate Insurance. Failure by any Entity to procure sufficient insurance to financially support the indemnification requirements of this Agreement does not excuse Sponsor from meeting all obligations of the indemnification requirements and the remainder of this Agreement, generally. g) Prior to beginning work under this Agreement, Sponsor must obtain, and produce upon request of the TA, satisfactory evidence of compliance with the insurance requirements of this Section.

SECTION 5: Additional Terms Applicable to Sponsor-Performed Capital Projects The following additional terms apply when the Sponsor is performing the scope of work for capital projects as described in each Project Supplement.

5.1. Project Performance. Sponsor will oversee completion of the scope of work for each TA funded project as described in each Project Supplement (Scope of Work).

Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with each such Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for completion of work, but Sponsor remains responsible to the TA for the completion of each Scope of Work.

5.2. R
equired Approvals. Prior to commencement of each Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for each Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project. All real property appraisals must comply with Uniform Standards of Professional Appraisal Practice (USPAP). Any right-of-way activities involving property on the Caltrans right-of- way must be conducted in accordance with the current version of the Caltrans Right-of- Way manual.

5.3. C ontract Award and Change Orders . Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of each Scope of Work and any change orders. As each Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and change orders as part of the regular progress reporting requirements. Notice of any contracts and change orders provided to the TA will not constitute approval by the TA of the contracts and change orders nor obligate the TA to provide funds in excess of its maximum contribution stated in each Project Supplement.

5.4. P
rogress Reports . Sponsor will prepare and submit to the TA quarterly progress reports during the entire term of each Scope of Work and covering all Scope of Work activities for work completed during the previous month using the template in Exhibit B or in other formats specified by the TA. The reports must describe:

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a) The current status of, and any changes in, scope, schedule, budget, and funding plans of each Scope of Work and each Project;
b) Any risk factors;
c) The work performed during the previous quarter and projected for the next three months;
d) Scope of Work Costs (as defined in Section 5.8 below) projected to be expended during the next three months; and
e) Any other information requested by the TA.

5.5. Final Report. Within ninety (90) days of Sponsor’s final acceptance of each Scope of Work and all incidental work, Sponsor must prepare and submit to the TA a final report detailing the following and all other relevant information:
a) A description of the Project, including a statement detailing the overall progress and success of the Scope of Work and the Project, a compilation of any data collected during the active phase(s) of the Project, and changes/additions to the scope of the Project.
b) Total costs for the Scope of Work, including an accounting of all Measures A/W Funds expended in connection with the Scope of Work, and reflecting any unexpended Measures A/W Funds.
c) An explanation and the status of any outstanding obligations or potential obligations related to the Scope of Work.
d) A discussion of any pertinent issues or problems that arose during the implementation of the Scope of Work.
e) Any copies of press articles, press releases, newsletter articles and any other publicity materials regarding the Project.
f) Written confirmation or, for the final project phase, a Project Close-out form that no further reimbursements associated with the Scope of Work are anticipated and that all draw-down requests have been made.
g) Photographs for all construction projects that satisfactorily demonstrate: 1) site conditions before the project was implemented; 2) work in progress; and 3) completed improvements.

5.6. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement for reimbursement of expenditures related to the Scope of Work (Scope of Work Costs). Sponsor will contribute, or provide for the contribution of matching funds as specified in each Project Supplement. Sponsor also will contribute, or provide for the contribution of the entire amount in excess of the total project cost specified in the Project Supplement needed to complete each Scope of Work. The TA’s funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA. All funding obligations of the TA under this

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Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated.

Sponsor will assess and confirm its ability to complete the Scope of Work described in each Project Supplement within budget as part of the quarterly reporting requirements established in 5.4, above. Sponsor must further notify the TA between reporting cycles if Sponsor determines that the budget will not be sufficient to complete each Scope of Work. The TA reserves the right to suspend its funding obligation as set forth in applicable Project Supplements upon such notice, and until Sponsor develops a credible funding plan acceptable to the TA to fund and complete the associated Scope of Work.

5.7. Use of Funds.
a) Measures A/W Funds must be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver each Scope of Work.

Reimbursement for the following costs will require detailed documentation in accordance with generally-accepted accounting principles:
i. Scope of Work phases or components such as stakeholder/public outreach; development of planning studies, project initiation documents (PID), project study reports (PSR), environmental clearance and mitigation for up to three years following project completion, project approval and environmental document (PA&ED), project design, and plans specifications and estimates (PS&E); regulatory agency review; acquisition of right-of-way; construction, and construction management; ii. Sponsor staff time for Scope of Work implementation; iii. Project administration costs for each Scope of Work under this Agreement.
iv. Costs directly tied to the implementation of each Project Scope of Work as more specifically defined in Exhibit C, “Eligible Costs for Reimbursement,” which is attached to this Agreement and incorporated herein by this reference. Eligible costs are defined in greater detail in Exhibit C. If Sponsor wishes to undertake items of work not covered under each Scope of Work concurrent with performing each Scope of Work, the cost for including and undertaking the additional work must be segregated, and the costs borne exclusively by the Sponsor from a non- Measures A/W Program funding source(s). In the event that an activity is not listed in Exhibit C but Sponsor believes that it is an eligible cost, Sponsor may request that the TA consider reimbursing the Sponsor for the activity. The TA will have sole discretion to grant or deny Sponsor’s requests.
b) The following costs are not eligible for Measures A/W Funds reimbursement:
i. Sponsor’s costs which are unrelated to each Scope of Work; ii. Costs for entering into this Agreement and each Project Supplement;

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iii. Maintenance, rehabilitation, routine operations of each Project or other facilities or programs except as specifically identified in the Scope of Work for each Project Supplement; and
iv. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.

5.8. Reimbursement Basis. Unless otherwise specified in the Project Supplement, Sponsor may seek reimbursement for Scope of Work Costs incurred on or after the Execution Date. Scope of Work Costs must be incurred and paid by Sponsor prior to requesting reimbursement from the TA. Sufficient documentation must accompany all requests for reimbursement, including the submittal of all due monthly progress reports.

5.9. A
ccounting and Request for Reimbursement Procedures . Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Scope of Work accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of Scope of Work Costs. Sponsor will detail the TA’s pro rata share of Scope of Work costs for all work funded under this Agreement with each “Reimbursement Claim Form,” which is attached to this Agreement as Exhibit D and incorporated herein, or in other formats specified by the TA.

Sponsor
will maintain all necessary books and records in accordance with generally accepted accounting principles.

5.10. Invoices; Payments.
a) Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation.

Supporting documentation may include, but is not limited to, copies of vendor invoices, timesheets, backup documentation, checks, and payment advice, and must include an accounting of the TA’s share of costs for the Scope of Work as contemplated by this Agreement.
b) For any property acquisitions for which Sponsor seeks reimbursement from the TA, Sponsor must provide the following supporting documentation for each property:
i. Copies of the final real estate appraisal and any appraisal review conducted on behalf of Sponsor;
ii. For any right-of-way activities involving property on the Caltrans right-of- way, written confirmation that the acquisition process was conducted in accordance with the then-current version of the Caltrans Right-of-Way manual;
iii. A Phase One Environmental Assessment and any recommended additional testing (unless waived by the TA);
iv. Copy of the offer package provided to the property owner(s);

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v. Copy of the Notice of Exemption or other required document for environmental clearance under CEQA/NEPA for the purchase of the property, and evidence of the date of filing such Notice; and vi. Written justification acceptable to the TA of any settlement at an amount higher than the offer.
c) For each voluntary real property transaction, Sponsor must also provide:
i. Copy of the fully executed purchase and sale agreement; ii. Copy of an executed and recorded deed, in a form consistent with the requirements set forth in the then-current Caltrans Right-of-Way manual; iii. Copy of the Policy of Title insurance; and
iv. Copy of the final closing statement from the escrow. d) For each real property acquisition undertaken through condemnation, Sponsor must also provide:
i. Copy of the recorded Final Order of Condemnation; and ii. Copy of the litigation guarantee issued by a title insurer. e) Sponsor must detail the tasks performed, associated costs, and pro rata share of Scope of Work Costs to be borne by the TA with each reimbursement request. f) The TA will endeavor to disburse reimbursements for approved Scope of Work Costs within thirty (30) days after the TA’s approval of each claim, subject to the limits on the TA’s maximum contribution as established in each Project Supplement. The TA’s obligation to reimburse Scope of Work Costs to Sponsor as provided in this Section is conditioned upon the TA’s prompt receipt of quarterly progress reports from Sponsor.
g) Invoices may be submitted, no more frequently than once a quarter, by e-mail to:
[email protected], [email protected]
, and the designated TA
Project Manager at the email address specified in the Project Supplement.

Sponsor must submit a minimum of one reimbursement claim for each fiscal year (July through June) and no more frequently than quarterly. If Sponsor does not submit a reimbursement claim for two consecutive quarters (six months), then Sponsor will be deemed inactive. If the Sponsor does not submit a reimbursement claim within the next two quarters after being deemed inactive then project may be deprogrammed. Sponsor must submit a letter to the TA to seek administrative approval for an exemption.

5.11. Return of Project Cost Savings. Upon submission of the Final Report, if the total Scope of Work Costs are less than the amount specified in the Project Supplement, Sponsor will return to the TA that proportion of the Project cost savings that is equal to

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the percentage of the original Scope of Work budget that consisted of Measure A/W Funds.

5.12. Indemnity by Sponsor.

Sponsor will indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of this Agreement, each Scope of Work or each Project including, but not limited to, those arising out of any of the following:
a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of each Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for each Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.

Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred.

If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor will, at its expense, satisfy and discharge the same.

This indemnification will survive termination or expiration of the Agreement.

SECTION 6: Additional Terms Applicable to TA-Performed Capital Projects The following additional terms apply when the TA is performing the scope of work for capital projects as described in each Project Supplement (Scope of Work).

6.1. Funding Commitment. The TA will provide in lieu contributions, expenditures on consultants, and/or funds up to the amount specified in each Project Supplement for the Scope of Work tasks specified in the Project Supplement (Scope of Work Costs).

6.2. C ost Savings. Any cost savings of the funds allocated for each Project Supplement will revert to the applicable program for the TA to reallocate to any eligible project through its usual fund programming and allocation activities.

6.3. I nsufficient Funding . In the event that additional funding is needed to complete the Scope of Work specified in a Project Supplement, the TA will identify the additional amounts needed and review those estimates with the Sponsor. The Parties will work together to identify potential sources of funding, as well as obtain the necessary funds to complete the Scope of Work for the Project Supplement. If additional funding is needed due to a change in the Project Supplement Scope of Work, as requested by the Sponsor, the TA will identify the additional amounts needed and review those estimates with the Sponsor. In such case, it is the responsibility of the Sponsor to identify the potential sources of funding, as well as obtain the necessary funds to complete the changed Project Supplement Scope of Work. The TA may consider requests for additional funding, but is under no obligation to grant such requests.

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6.4. TA Responsibilities. For purposes of delivering the Scope of Work, the TA agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
a) The TA will perform and complete the Scope of Work, either through its own forces or the use of one or more third-party consultants or contractors. b) The TA will make available to the Project up to the amount(s) specified in the Project Supplement(s) for the Scope of Work.
c) For purposes of delivering the Scope of Work, the TA agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
i. Manage the Scope of Work, including developing and carrying out the Scope of Work on schedule and within budget;
ii. Provide technical oversight for performance of the Scope of Work; iii. Lead coordination with Caltrans and/or other permitting agencies as necessary for the Scope of Work;
iv. Obtain the necessary permits and approvals required for the Scope of Work;
v. Procure and administer the consultant/contractor services to complete the Scope of Work;
vi. Organize and facilitate regular meetings of a Project Development Team (PDT), the Sponsor and representatives from involved local and regional entities to provide input and guidance on the Scope of Work; vii. Keep Sponsor apprised of developments, such as award of contracts or potential changes that may affect the scope, schedule, or budget of the Project or Scope of Work; and
viii. Consult with Sponsor where necessary/appropriate. d) To the extent applicable, the TA will execute an agreement with Caltrans for oversight services associated with the Scope of Work.
e) T he TA will prepare and provide to Sponsor status reports including anticipated and expended costs and Scope of Work delivery milestones and schedule forecasts.
f) The TA will review, process, and audit (at its discretion) invoices and other documentation of expenditures for work performed under each Project Supplement. The TA will also track the accumulation and expenditure of funds allocated for Scope of Work, and process other documentation of expenditures in compliance with TA accounting and budgeting requirements.

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6.5. Sponsor Responsibilities. For purposes of delivering the Scope of Work, the Sponsor agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
a) The Sponsor will be responsible for championing the effort of obtaining political and public support for the Project.
b) The Sponsor will be the public face of the Project for purposes of leading outreach efforts to local stakeholders and community members, including coordination of public meetings and solicitation of public comment. c) The Sponsor will provide input and oversight based on local policies and desires regarding the outcome of and deliverables of the Project. d) The Sponsor will actively participate in the PDT meetings related to the Scope of Work.
e) The Sponsor may, at its discretion, review any professional services agreements, change orders and any other agreements that the TA has entered into for the performance of Scope of Work; however the TA retains ultimate authority over contracting and related decisions.
f) The Sponsor may, at its discretion, review the work products and deliverables produced by the TA and/or its contractors/consultants for the Scope of Work, including reports, designs, drawings, plans, specifications, schedules and other materials; however, the TA retains authority to accept or reject contractor/consultant work.
g) The Sponsor will approve or endorse, in writing, the final deliverables or work products produced by the TA and/or its contractors/consultants for the Scope of Work.
h) The Sponsor will review progress reports prepared and provided by the TA. i) The Sponsor may, at its discretion, review and audit invoices and other documentation of the expenditure of funds allocated for the Scope of Work, however the TA retains ultimate authority for expenditure of allocated funds on the Project.

6.6. Indemnification.
a) Each of the Parties will indemnify, hold harmless and defend the other Party and its directors/councilmembers, officers, employees and agents (collectively, "Indemnitees") against all liability, claims, suits, actions, costs or expenses related to performance of the Scope of Work or the Project, including but not limited to those arising from loss of or damage to property, and injuries to or death of any person (including but not limited to the property or employees of each Party) when arising out of or resulting from any act or omission by the indemnifying Party, its agents, employees, contractors or subcontractors in connection with any aspect of the Project, including Project design, construction and/or maintenance.

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b) Each of the Parties will also fully release, indemnify, hold harmless and defend the other Party and Indemnitees from and against any and all claims or suits that may be brought by any of the indemnifying Party's contractors or subcontractors performing work in connection with or related to the Project. c) The indemnifying Party's obligation to defend includes the payment of all reasonable attorneys' fees and all other costs and expenses of suit, and if any judgment is rendered, or settlement entered, against any Indemnitee, the indemnifying Party must, at its expense, satisfy and discharge the same.

Indemnitees may require the indemnifying Party to obtain counsel satisfactory to the Indemnitees.
d) This indemnification will survive termination or expiration of this Agreement.

SECTION 7: Additional Terms Applicable to Shuttle Operations The following additional terms apply to shuttle projects as described in each Project Supplement (Project).

7.1. Sponsor Oversight; Work Plan. Sponsor is responsible for implementation of the Project as described in each Project Supplement. Sponsor assumes responsibility for procuring and administering any professional service and/or other contracts entered into in connection with the Project.

Though Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Project implementation, Sponsor will remain ultimately responsible to the TA for performance of all responsibilities set forth herein.

7.2. Required Approvals. Prior to commencement of each Project, Sponsor or its designee (e.g., a consultant) will obtain all required local, state and federal approvals and permits for Project work. In addition, Sponsor must comply with all federal, state and local laws and regulations applicable to the Project.

7.3. C
ontract Award and Scope Changes. Sponsor must comply with state and local agency requirements for the award and amendment of any contract(s) for the implementation of each Project. Sponsor must advise the TA in writing (electronic mail is acceptable) as soon as possible of any contracts awarded and any amendments thereto, such as for any changes in service. Notice of any contracts and amendments provided to the TA will not constitute approval by the TA nor obligate the TA to provide funds in excess of its maximum contribution stated in the Project Supplement.

7.4. M onthly & Annual Operations Reports . Within eight (8) calendar days after the end of each month a given Project Supplement is in effect, Sponsor or its agent must submit to the TA a monthly operations report (Operations Report) based on National Transit Database (NTD) reporting requirements, attached as Exhibit E, “National Transit Database Reporting Requirements.” The Operations Report must include such items as the average daily ridership of the Project, and the Project’s total boardings, total revenue miles, hours, vehicles in service, road calls, accidents and any other information pertinent to assess the performance of the service for purposes of local, state or federal reporting requirements for the month just ended. Any monthly service mileage and/or hours that were scheduled, but where service was not operated for any reason, must be

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deducted from monthly reporting totals. An explanation for all lost service miles and/or hours must be included in the monthly report. Sponsor or its agent must review all required reporting for accuracy prior to submittal to the TA. The form of all reports must be determined by the TA. Within eight (8) calendar days of the end of the performance of the work under a Project Supplement, and/or any extension thereof, Sponsor or its agent must submit to the TA an annual report on the same statistics. All Operations Reports must be submitted via Excel spreadsheet or other format as approved by the TA to [email protected]
or as specified in the Project Supplement.

7.5. Quarterly Progress Reports. Sponsor must prepare and submit to the TA quarterly progress reports by January 31, April 30, July 31 and October 31 of each year during the entire term of the Project. Reports must be presented in the form provided as Exhibit F, “Quarterly/Annual Shuttle Program Progress Report Form,” which is attached to this Agreement and incorporated herein by this reference, or in other formats specified by the TA. The reports must describe Project performance and expenditures during the previous quarter.

The reports must include actions expected to be taken and any projected changes in the service plan / schedule during the next quarter, and any other information requested by the TA. Additionally, each progress report must include information on any potential issues that may impact any of the performance measures set forth in Exhibit F as well as the ability of Sponsor to meet the conditions outlined in this Agreement.

7.6. Annual Report. By October 1 of each year, Sponsor must provide the TA with an annual report in the form provided as Exhibit F, or in other formats specified by the TA, summarizing the quarterly progress reports from the prior fiscal year.

The reports must include actions expected to be taken and any projected changes in the service plan /schedule for the next year (if the Project is continuing), and any other information requested by the TA. Additionally, each Annual report must include information on any potential issues that may impact any of the performance measures set forth in Exhibit F as well as the ability of Sponsor to meet the conditions outlined in this Agreement for the next year (if the Project is continuing). If the Annual Report is submitted after the second year of the Time of Performance, the Annual Report should include written confirmation that no further reimbursements associated with the Project are anticipated and that all reimbursement requests have been made or are being submitted with the Annual Report.

7.7. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement for reimbursement of expenditures related to the Project (Project Costs). The Sponsor will contribute, or provide for the contribution of matching as specified in each Project Supplement, as well as the entire amount in excess of TA's allocation needed to implement the Project. The TA’s funding commitment under this Agreement in no way establishes a right for the Sponsor to receive additional funding from the TA.

All funding obligations of the TA under this Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated, or if Sponsor receives funding for Project Costs from other sources which allow Sponsor to provide more than the matching funds specified in the Project Supplement over the term of the Agreement.

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The Sponsor will assess and confirm its ability to implement the Project within budget as part of the quarterly reporting requirements established in Section 7.5, above. The Sponsor must further notify the TA between reporting cycles if the Sponsor determines that the budget will not be sufficient to implement the Project. The TA retains authority to suspend its funding obligation as set forth in Section 2.4 of this Agreement upon such notice, and until the Sponsor develops a credible funding plan acceptable to the TA to fund and implement the Project.

7.8. Reimbursement Basis. Sponsor may seek reimbursement for Project Costs incurred on or after the Execution Date. Project Costs must be incurred and paid by the Sponsor prior to requesting reimbursement from the TA. Sufficient documentation must accompany all requests for reimbursement, including the submittal of all due operations and progress reports.

7.9. A
ccounting and Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Project accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of costs for the Project. Sponsor will detail the TA’s pro rata share of Project Costs for all work funded under this Agreement with each “Reimbursement Claim Form” which is attached to this Agreement as Exhibit D and incorporated herein, or in other formats specified by the TA. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.

7.10. I
nvoices; Payments. Once per quarter following submission of the quarterly progress reports, Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation. Supporting documentation may include, but is not limited to, copies of associated vendor invoices, timesheets, backup documentation, checks and payment advice, and must include an accounting of the TA's share of costs for the Project as contemplated by this Agreement.

Claims and supporting documentation for reimbursement may be submitted by e-mail to:
[email protected] and [email protected]

The TA will endeavor to disburse reimbursements for approved Project Costs within thirty (30) days after the TA's approval of each claim, subject to the limits on the TA's maximum contribution as established in the Project Supplement. The TA's obligation to reimburse Project Costs to the Sponsor as provided in this section is conditioned upon the TA’s prompt receipt of reports from Sponsor pursuant to Sections 7.4–7.6, above.

7.11. Indemnity by Sponsor. The Sponsor will indemnify, keep and save harmless the TA (and, if the Project includes shuttle(s) with the Caltrain logo on the vehicle(s) or on any shuttle public information materials, the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the Service, and the Union Pacific Railroad Company and each of its/their directors, officers, agents and employees against any and all suits, claims or actions related to the performance of this Agreement including, but not limited to, those arising out of any of the following:

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a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.

The Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered, or settlement reached, against the TA or any of the other agencies or individuals enumerated above in any such action, the Sponsor will, at its expense, satisfy and discharge the same.

This indemnification will survive termination or expiration of the Agreement.

SECTION 8: Additional Terms Applicable to All Other Project Supplements for Operations The following additional terms apply to operational projects as described in each Project Supplement (Project).

8.1. Sponsor Oversight; Work Plan. Sponsor is responsible for the completion of the Scope of Work as described in each Project Supplement. Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with the Scope of Work. Sponsor will oversee completion of the Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Scope of Work completion, but Sponsor remains responsible to the TA for the completion of the Scope of Work.

8.2. R
equired Approvals . Prior to commencement of the Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for the Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project.

8.3. C
ontract Award and Change Orders . Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of the Scope of Work and any amendments. As the Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and amendments as part of the regular progress reporting requirements pursuant to Section

8.4 below. Notice of any contracts and
amendments provided to the TA will not constitute approval by the TA of the contracts and amendments nor obligate the TA to provide funds in excess of its maximum contribution stated in the Project Supplement.

8.4. Progress Reports. For each of the projects in the Scope of Work, Sponsor will prepare and submit to the TA quarterly progress reports as the program proceeds and covering all Scope of Work activities for work completed during the previous month using the template in Exhibit B, or in other formats specified by the TA. The reports must describe:
a) The current status of, and any changes in, scope, schedule, budget, and funding plans of the Scope of Work and the Project;

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b) Any risk factors;
c) The work performed during the previous quarter and projected for the next three months;
d) Scope of Work Costs (as defined in Section 8.8, below) projected to be expended during the next three months; and
e) Any other information requested by the TA.

8.5. Closeout. Within ninety (90) days of Sponsor’s final acceptance of the Scope of Work and all incidental work, Sponsor must notify the TA with a final closeout letter detailing the following and all other relevant information: Total costs for the Scope of Work, including an accounting of all Measures A/W expended in connection with the Scope of Work, and reflecting any unexpended Measure A/W Funds.

8.6. Fundi ng Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement related to the Scope of Work (Scope of Work Costs). Funds cannot be transferred between projects without separate approval from the TA. The TA Executive Officer, or designee, can approve funds transfers administratively with a letter.

The TA’s funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA.

8.7. U se of Funds .
a) Measures A/W Funds must be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver the Scope of Work. b) The following costs are not eligible for reimbursement:
i. Sponsor’s costs which are unrelated to the Scope of Work; ii. Costs for entering into this Agreement;
iii. Maintenance, rehabilitation, routine operations of the Project or other facilities or programs; and
iv. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.

8.8. Indemnity by Sponsor.

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b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.

Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred.

If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor will, at its expense, satisfy and discharge the same. This indemnification will survive termination or expiration of the Agreement.

SECTION 9: Miscellaneous

9.1. Access to Records and Record Retention. At all reasonable times, Sponsor will permit the TA access to all reports, designs, drawings, plans, specifications, schedules and other materials prepared, or in the process of being prepared, for each Scope of Work by Sponsor or any contractor or consultant of Sponsor. Sponsor will also make available to the TA upon request any professional service agreements, change orders and any other agreements that are related to each Scope of Work. Sponsor will provide copies of any documents described in this Section to the TA upon request. Sponsor will retain all records pertaining to each Scope of Work for at least three years after completion of each Project.

9.2. A
udits . The TA, or its authorized agents, may, at any reasonable time during business hours, conduct an audit of Sponsor’s performance under this Agreement.

Sponsor will permit the TA, or its authorized agents, to examine, inspect, make excerpts from, transcribe or photocopy books, documents, papers and other records of Sponsor which the TA reasonably determines to be relevant to this Agreement.

Sponsor will transmit to the TA the Independent Auditor’s Report prepared for Sponsor’s Annual Comprehensive Financial Report within thirty (30) days of receipt by Sponsor and highlight the section that pertains to the Measures A/W Funds.

9.3. No Waiver. No waiver of any default or breach of any covenant of this Agreement by either Party will be implied from any omission by either Party to take action on account of such default if such default persists or is repeated. Express waivers are limited in scope and duration to their express provisions. Consent to one action does not imply consent to any future action.

9.4. A ssignment . Parties are prohibited from assigning, transferring or otherwise substituting their interests or obligations under this Agreement without the written consent of all other Parties.

9.5. G overning Law . This Agreement is governed by the laws of the State of California as applied to contracts that are made and performed entirely in California.

9.6. C ompliance with Laws . In performance of this Agreement, the Parties must comply with all applicable Federal, State and local laws, regulations and ordinances.

9.7. A ccessibility of Services to Persons with Disabilities . The Project implementation must comply with, and not subject the TA or Sponsor to liability under, the Americans

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with Disabilities Act, the California Disabled Persons Act, or any other state or federal laws protecting the rights of persons with disabilities.

9.8. Modifications. This Agreement may only be modified in a writing executed by both Parties.

9.9. A ttorneys’ Fees . In the event legal proceedings are instituted to enforce any provision of this Agreement, the prevailing Party in said proceedings is entitled to its costs, including reasonable attorneys’ fees.

9.10. R
elationship of the Parties . It is understood that this is an Agreement by and between Independent Contractors and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of Independent Contractor.

9.11. O wnership of Work . All reports, designs, drawings, plans, specifications, schedules, studies, memoranda, and other documents assembled for or prepared by or for, in the process of being assembled or prepared by or for, or furnished to Sponsor under this Agreement, are the joint property of the TA and Sponsor, and will not be destroyed without the prior written consent of the TA. The TA is entitled to copies and access to these materials during the progress of the Project and upon completion or termination of the Project or this Agreement. Sponsor may retain a copy of all material produced under this Agreement for its use in its general activities. This Section does not preclude additional shared ownership of work with other entities under contract with Sponsor for funding of the Project.

9.12. No
n -discrimination. Sponsor and any contractors performing services on behalf of Sponsor will not discriminate or permit discrimination against any person or group of persons on the basis of race, color, religion, national origin or ancestry, age, sex, sexual orientation, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status, or in any manner prohibited by federal, state or local laws.

9.13. A
ttribution to the TA . Sponsor must include attribution that indicates work was funded with “Measure A Funds” or “Measure W Funds” or “Measures A/W Funds from the TA." This provision applies to any project, or publication, that was funded in part or in whole by “Measure A Funds” or “Measure W Funds” or “Measures A/W Funds." Acceptable forms of attribution include TA branding on Project-related documents, construction signs, public information materials, and any other applicable documents.

Sponsor must comply with the TA's External Attribution Guide which may be updated from time to time and will be available on the TA's website.

9.14. W
arranty of Authority to Execute Agreement . Each Party to this Agreement represents and warrants that each person whose signature appears hereon is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.

9.15. S
everability . If any portion of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining portions of this Agreement, or the application thereof, will remain in full force and effect.

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9.16. Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

9.17. C ounterparts . This Agreement may be executed in counterparts.

9.18. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to its subject matter and supersedes any prior or contemporaneous written or oral agreement between the Parties on the same subject.

IN WITNESS WHEREOF, the Parties have hereunder subscribed their names as of the last date written below (Execution Date).
[SPONSOR]
By:

Name:

Its:

Date:

Approved as to Form:

Legal Counsel for the [SPONSOR]
Date:

SAN MATEO COUNTY TRANSPORTATION

AUTHORITY
By:

Name: April Chan
Its: Executive Director
Date:

Approved as to Form:

Legal Counsel for the TA
Date:

Exhibit A: Form of Project Supplements
Exhibit B: Progress Reporting Template
Exhibit C: Permissible Costs for Reimbursement
Exhibit D: Reimbursement Claim Form
Exhibit E: National Transit Database Reporting Requirements Exhibit F: Quarterly/Annual Shuttle Program Progress Report Form

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Exhibit A: Form of Project Supplements

SECTION A: Primary Agreement
The San Mateo County Transportation Authority (TA) and [Project Sponsor] (Sponsor) entered into a Primary Grant Agreement on ________, 20__ (Primary Agreement).

This Project Supplement is entered into on ________, 20__ pursuant to the Primary Grant Agreement and is subject to the terms set forth therein.

SECTION B: Project Background
Measure(s):
☐ Original Measure A
☐ New Measure A
☐ Measure W
Program Category:

Measure A Measure W
☐ Transit
☐ Highways
☐ Local Streets/Transportation
☐ Grade Separations
☐ Pedestrian and Bicycle
☐ Alternative Congestion Relief Programs
☐ Countywide Highway Congestion
Improvements
☐ Local Safety, Pothole & Congestion Relief
Improvements – Local Investment Share
☐ Local Safety, Pothole & Congestion Relief
Improvements – Grade Separation
☐ Bicycle and Pedestrian Improvements
☐ Regional Transit Connections

Program Subcategory (if applicable):

Project: [Add project name]
Scope of Work: [Specify phase(s)]
Scope of Work Costs: [Specify amount programmed and allocated for each phase] TA Technical Assistance (if applicable):

Date Funding Programmed:

Date Funding Allocated:

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Applicable Resolutions (attached):

Additional Terms: The following Agreement Section(s) apply to this Project Supplement:
☐ Section 5 (Additional Terms Applicable to Sponsor-Performed Projects) ☐ Section 6 (Additional Terms Applicable to TA-Performed Projects) ☐ Section 7 (Additional Terms Applicable to Shuttle Operations) ☐ Section 8 (Additional Terms Applicable to All Other Project Supplements for Operations)
SECTION C: Invoices; Payments [ALTERNATIVE CLAUSE TO AGREEMENT SECTION

5.10(a) – DELETE IF NOT APPLICABLE]
Section 5.10(a) of the Agreement does not apply to this Project Supplement. Instead, the TA will make one upfront lump sum payment of $_______ to the Sponsor to complete the Scope of Work.

SECTION D: Matching Funds
Sponsor will contribute, or provide for the contribution of, the entire amount in excess of $________ needed to complete the Scope of Work [and must provide at least __% pro rata share of the Scope of Work Costs.]
OR

Sponsor agrees to contribute the matching funds to the TA in one upfront lump sum payment of $________ (Matching Funds) following Sponsor's approval of an invoice from TA describing the expenses to which the Matching Funds will be applied, subject to the following terms and conditions:

TA agrees that the Matching Funds are to be expended solely for the Project and agrees to: (i) prioritize application of the Matching Funds to expenses under the Scope of Work with the objective of utilizing all of the Matching Funds not later than _________; (ii) promptly return to Sponsor any and all unspent Matching Funds upon termination of the Project Supplement, or, absent termination, that have not been expended for the Project by _________.

SECTION E: Description of Scope of Work
Sponsoring Agency:

Lead/Implementing Agency:

Contact:

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Project Description and Scope of Work:

Project Schedule:

Begin End

Project Budget/ Source of Funding:

Include funding plan for the project defined above, including use of TA Technical Assistance if applicable

* The other fund sources are provided for informational purposes.

Operating Responsibility:

Maintenance Responsibility:

Project Implementation Responsibility:

Project Oversight Responsibility:

SECTION F: Third Party Roles

1. Third Party Roles. The [THIRD PARTY] is responsible for [LIST ALL RELEVANT RESPONSIBILITIES] for the Project.

2. C altrans Roles. Caltrans as owner operator of the facility proposed for modification is responsible for reviewing and approving the [RELEVANT DOCUMENTS] for the Project.

3. Oth er Agreements. A Cooperative Agreement must be executed between Caltrans and the TA that lists the terms and conditions, roles and responsibilities and fee payment associated with Caltrans’ review and approval of the [RELEVANT DOCUMENTS].

SECTION G: Time of Performance

1. Time of Performance. The Scope of Work must be completed no later than the end of __ quarter, Fiscal Year 20__-20__ (the TA's fiscal year runs July 1 through June 30).

2. Ti mely Use of Funds . Sponsor must expend Measures A/W funds expeditiously. If Sponsor fails to invoice the TA for two consecutive quarters, the TA will require a meeting with Sponsor’s executive and Project staff to review project progress. A Project Supplement found to be non-compliant with this requirement may be terminated for default by the TA.

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SECTION H: Notice
Notices. All notices required or permitted to be given under this Agreement, be in writing and delivered by email to the addresses specified below. Notices will be deemed given when the email was sent. A recipient’s failure to acknowledge receipt of the emailed notice will not affect the effectiveness of notice if (a) the sender can show that the notice was properly addressed and sent by email, and (b) the sender did not receive any email system notification that the email could not be delivered.

To TA: San Mateo County Transportation Authority
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: TA Secretary and Executive Director
Emails:

To [Sponsor]: [Sponsor]

ADDRESS LINE ONE

ADDRESS LINE TWO
Attn: Project Sponsor Contact
TITLE
Email:

In 2025, the TA plans to relocate its administrative building to 166 N. Rollins Road in Millbrae, California and when that occurs, the TA’s address will be at that location.

SECTION I: Insurance [The TA and Sponsor will determine what types and levels of insurance are required for each Project Supplement]
The following types of insurance are required for this Project Supplement. See Section 6 of the Primary Agreement for additional requirements.

Insurance Type Required Coverage Amount
Workers’
Compensation and
Employer’s Liability
Insurance
Yes Statutory limits for Workers’ Compensation and
at least $1 million for Employers Liability.

Commercial General
Liability Insurance
Yes [$1/5/10 million]
• For all projects: $1M for Project Planning,
Project Initiation, Project Approval &
Environmental Design and Right of Way
Phases and for operations.
• For capital projects with budgets of up to
$10M (e.g., road widening): $1M for Design
and Construction Phases.
• For capital projects with budgets between
$10M and $40M (e.g., freeway
interchange): $5M for Design and

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Construction Phases.
• For capital projects with budgets of $40M
or more: $10M limits for Design and
Construction Phases.

Business Automobile
Liability Insurance
Yes [$1/5/10 million]
• For all projects: $1M for Project Planning,
Project Initiation, Project Approval &
Environmental Design and Right of Way
Phases.
• For capital projects with budgets of up to
$10M (e.g., road widening): $1M for Design
and Construction Phases.
• For capital projects with budgets between
$10M and $40M (e.g., freeway
interchange): $5M for Design and
Construction Phases.
• For capital projects with budgets of $40M
or more: $10M limits for Design and
Construction Phases.
• For operations projects: $10M
Property Insurance Yes
Professional Liability
Insurance
[Yes/No] [$1/2/5 million]
For most projects with professional liability
exposure, such as consulting: At least $1
million
For capital projects with some design: At
least $2 million.

For capital projects with significant design:

At least $5M.

Cyber Liability
Insurance
[Yes/No] If contract deals with Personally Identifiable Information (PII): At least $1 million and part of
the Professional Liability Insurance program.

Crime Insurance [Yes/No] If Entity’s employees have access to funds, securities and other property: At least
$250,000 for Employee Dishonesty Insurance
and $250,000 for Third-Party/Client Property.

If Entity has access to significant funds,
securities or other property: Limits should
reflect cumulative exposure.

Contractors’ Pollution
Liability Insurance
and/or Environmental
[Yes/No] At least $1 million

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Liability Insurance
Railroad Protective
Liability Insurance
[Yes/No] At least $2 million per occurrence and $6 million annual aggregate

IN WITNESS WHEREOF, the Parties have hereunder subscribed their names as of the last date written below.
[SPONSOR]

By:

Name:

Its:

Date:

Approved as to Form:

Legal Counsel for the [SPONSOR]
Date:

SAN MATEO COUNTY TRANSPORTATION

AUTHORITY

By:

Name: April Chan
Its: Executive Director
Date:

Approved as to Form:

Legal Counsel for the TA
Date:

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Exhibit B: Progress Reporting Template

REPORTING PERIOD: FROM mm/dd/yyyy TO mm/dd/yyyy

SMCTA Project # 00XXX – [Project Title/Phases]
[Carryover to additional pages as necessary]

Contact: [Name, Title, Phone, email, address]

1) Scope:
[Describe Scope of Work here, specify Project limits, phases of Project. Identify the [Original Measure A and/or New Measure A and/or Measure W] funded components]

Status Summary: [Provide Status]

Issues: [List any issues, i.e. potential scope changes]

____________________________________________________________________________ 2) Schedule: Original Baseline Current Baseline Current Forecast Major Milestones: Start Finish Start Finish Start Finish

[Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY

Progress This Reporting Period:
[Describe progress and activities]

[Original Measure A and/or New Measure A and/or Measure W] Funds Expended This Reporting Period: $

Future Activities, Next Reporting Period:
[Describe planned future activities]

Projected [Original Measure A and/or New Measure A and/or Measure W] Funds Expenditure Next Reporting Period: $

Issues: [List any issues, such as impacts to schedule]

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_______________________________________________________________________ 3) Scope of Work Total Budget:

____________________________________________________________________________ 4) Scope of Work [Original Measure A and/or New Measure A and/or Measure W] Budget:

Phase/Activity

A B C D E F
Original allocation
(per Project
Supplement)
Current
allocation (Per
Amendments)
Change in
allocation from
Project
Supplement (B-A)
Total
Measure
[A/W]
Expended to
date
% of
current
allocation
expended
(D/B)
% of Work
Completed
#DIV/0!
#DIV/0!
#DIV/0!
Total Scope of
Work $0 $0 $0 $0 #DIV/0!

Issues: [List any issues, i.e. potential cost increases]

____________________________________________________________________________ 5) Funding: [List additional sources as needed, Fill out the following matrix for each phase for the Scope of Work. i.e. environmental, design, etc.]

Issues: [List any issues such as changes in non-Measure [A/W] funding]

Submit Progress Reports To: [email protected] or
SMCTA
Planning & Development
1250 San Carlos Avenue
San Carlos, CA 940701

1 In 2025, the TA plans to relocate its administrative building to 166 N. Rollins Road in Millbrae, California and when that occurs, the TA’s address will be at that location.

A B C D E F
Phase/Activity
Original Budget
(per Funding
Agreement)
Updated Cost
Estimate
Total Change
from Approved
(B-A)
Total Expended
to Date
% of Revised
Budget
Expended
(D/B)
% of Work
Completed
- 0.00% 0.00%
- 0.00% 0.00%
- 0.00% 0.00%
Total Project - - - - #DIV/0! Original Original % Current Current %
Estimated at
Completion EAC %
SMCTA #DIV/0! #DIV/0! #DIV/0!
Others:

Federal (specify) #DIV/0! #DIV/0! #DIV/0!
State (specify) #DIV/0!
Other (specify)
Total - #DIV/0! - #DIV/0! - #DIV/0! Contribution Contribution Contribution

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Exhibit C: Eligible Costs for Reimbursement

Program / Promotions – activities pertaining to marketing/promotional programs detailed in the Scope of Work.

Planning – activities necessary to implement planning studies covered under the Scope of Work.

Project Initiation Documents (PID) – activities necessary to complete PIDs covered under the Scope of Work.

Environmental Studies – environmental studies costs, including determination of the appropriate environmental document, preparation of all preliminary engineering for each alternative, including geomantic layouts, determination of right-of-way needs, environmental technical studies (such as air, noise, energy, cultural resources and hazardous waste), and all other studies or activities necessary to prepare and finalize the appropriate documents for Project and environmental approval.

Design – design activities such as preparation of design studies; materials and foundation reports; drainage, hydrology and hydraulic reports; surveying and mapping; preparation of the plans, specifications and estimate; preparation of bid documents and Project files; preparation of permit applications and maintenance agreements; coordination of agency reviews and any other activities necessary to prepare final plans specifications and estimate (PS&E) for bid advertisement and award; and management oversight of these tasks except as limited in the Agreement.

Right-of-Way Acquisition – all activities related to right-of-way including determination of right- of-way needs; title searches; preparation of appraisal maps, legal descriptions and plat maps; parcel appraisals and appraisal reviews; hazardous materials testing and analysis; preparation of right-of-way acquisition documents; activities involved with acquiring rights-of-way including negotiation with property owners and cost associated with condemnation proceedings (including legal costs, expert witness costs, etc., but not including costs related to claims for inverse condemnation), right-of-way capital costs and cost-to-cure impacts related to the acquisition. To the extent allowed by law, Sponsor will undertake all best efforts so that cleanup of existing hazardous materials will remain the liability of the property owner.

Services provided for right-of-way activities involved with property not necessary for the Measure A or Measure W Highway Program-funded Project as defined in the Scope of Work, and the associated costs for all such property, will be at the sole expense of the Sponsor.

Any property not used for construction of the Project, or used for any purpose other than construction of the Project as defined in the Scope of Work, should be identified and the funding agencies should be informed. Any excess right-of-way will be identified as early as possible in the Project design process and sold. The proceeds from the sale of such property must be returned to the funding agencies, prorated based on the percentage of funds each agency contributed to the purchase of the property.

Construction – construction expenditures for the Project (construction capital, management and inspection, surveys, public outreach, and related activities) that are part of the Scope of Work agreed to by the TA. Sponsor must submit all change orders over $50,000 to the TA for

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20016287.14
review and written approval before the TA will reimburse the Sponsor with Measure A Funds or Measure W Funds.

In addition, Measures A and W Funds are eligible for reimbursement of Sponsor’s Project management oversight expenses associated with the construction of the Project. This would include activities such as construction management inspection, expenses associated with reviewing proposed change orders, and activities involved with submitting final costs to the appropriate agencies to secure other leveraged funds. Expenditure of Measure A and Measure W Funds remains subject to the limits set forth in the Agreement.

The Sponsor may include additional work beyond the Scope of Work for the Project at its own expense. The TA will require these costs to be segregated from the other item work expenses and paid for with non-Measure A or Measure W Highway Program funds.

Miscellaneous – fees from other agencies, including permit fees or reimbursement for review or oversight costs needed for the Project are eligible costs. However, the cost of permits or fees from the Project Sponsor will not be eligible. Utility relocation costs are eligible for reimbursement according to previous agreements establishing rights for those utilities. The costs for specialized equipment for testing, analysis or production of documents for Project- related work are also eligible.

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Exhibit D: Reimbursement Claim Form

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Exhibit E: National Transit Database Reporting Requirements

The NTD was established by Congress to be the Nation’s primary source for information and statistics on the transit systems of the United States. Recipients or beneficiaries of grants from the Federal Transit Administration (FTA) under the Urbanized Area Formula Program (§5307) or Other than Urbanized Area (Rural) Formula Program (§5311) are required by statute to submit data to the NTD. Over 660 transit providers in urbanized areas currently report to the NTD through the Internet-based reporting system. Each year, NTD performance data is used to apportion over $5 billion of FTA funds to transit agencies in urbanized areas (UZAs). Annual NTD reports are submitted to Congress summarizing transit service and safety data.

Below is a partial list of reported elements that may change at any time. For additional information, please go to the National Transit Database website at:
https://www.transit.dot.gov/ntd.

a) Deadhead (Miles/Hours): The miles and hours that a vehicle travels when out of revenue service.
i) Deadhead includes:
1) Leaving or returning to the garage or yard facility; 2) Changing routes;
3) When there is no expectation of carrying revenue
passengers;
ii) However, deadhead does not include:
1) Charter service;
2) School bus service;
3) Operator training;
4) Maintenance training;
b) Fuel Consumed: The quantity of fuel consumed for the service (by fuel type);
c) Mechanical System Failure - Major: A failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because actual movement is limited or because of safety concerns; d) Mechanical System Failure - Other: A failure of some other mechanical element of the revenue vehicle that, because of local agency policy, prevents the revenue vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip even though the vehicle is physically able to continue in revenue service. Any mechanical problem that delayed service more than five minutes, even if no Road Call was required;
e) Passenger Miles Traveled (PMT): The cumulative sum of the distances ridden by each passenger;
f) Reportable Incident: A safety or security incident occurring on transit property or otherwise affecting revenue service that results in one or more of the following conditions:
i) A fatality confirmed within 30 days of the incident; ii) An injury requiring immediate medical attention away from the scene for one or more persons;

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iii) Property damage equal to or exceeding $25,000;
iv) An evacuation for life safety reasons; or
v) A mainline derailment.
g) Revenue Service (Miles, Hours, and Trips): The time when a vehicle is available to the general public and there is an expectation of carrying passengers. Vehicles operated in fare free service are considered in revenue service.
i) Revenue service includes:
1) Layover / recovery time.
ii) Revenue service excludes:
1) Deadhead
2) Vehicle maintenance testing
3) School bus service, and
4) Charter service.
h) Total Service (Miles or Hours): The time or miles from when a transit vehicle starts (pull -out) from a garage to go into revenue service to the time or miles it returns to the garage (pull-in) after completing its revenue service.
i) Since total service covers the time or miles between:
1) Pullout; and
2) Pull-in;
ii) It therefore includes both:
1) Deadhead; and
2) Revenue service;
i) Unlinked Passenger Trips (UPT): The number of passengers who board public transportation vehicles. Passengers are counted each time they board vehicles no matter how many vehicles they use to travel from their origin to their destination.

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Exhibit F: Quarterly/Annual Shuttle Program Progress Report Form

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Ari Delay, Fire Chief
SUBJECT: Consider Adoption of a Resolution Accepting FEMA Assistance to Firefighters Grant No. EMW-2023-FG-08796 for Fitness Equipment and Authorizing an Appropriation in the Amount of $37,963.43 BACKGROUND:

Firefighter health and wellness have become a national priority in the fire service, emphasizing stress management, mental health, cardiovascular health, and cancer prevention.

Cardiovascular disease and cancer are among the leading causes of firefighter fatalities, with national data indicating an average of 95 firefighter deaths per year over the past decade,

48.82% of which are attributed to cardiac events. Research has shown that firefighters who do not engage in regular cardiovascular and strength training face an increased risk of line-of-duty deaths, potentially impacting their ability to perform critical, life-saving duties.

The Fire Department (Department) currently lacks adequate fitness equipment to support firefighter health and physical readiness. The majority of the department’s existing fitness equipment is well past its service life and in a state of disrepair, having been initially donated by local businesses as secondhand equipment. Additionally, the Department does not have an adequate fitness equipment replacement budget, making it difficult to maintain or replace essential fitness equipment.

To ensure the health, safety, and operational readiness of Department personnel, it is a high priority to secure funding for the purchase of new fitness equipment for both fire stations.

Investing in proper fitness resources will enhance firefighter resilience, reduce health risks, and ensure the Department remains prepared to meet the demands of emergency response.

DISCUSSION:

The Department prioritizes firefighter health and wellness through a comprehensive occupational health program that meets NFPA 1582 standards. Implemented in 2021, this program includes annual firefighter physicals consisting of physician exams, blood analysis, urinalysis, resting EKGs, cardiac stress tests, lung function tests, body composition analysis, auditory and vision screenings, and OSHA respiratory assessments. New hires undergo initial physical examinations, including cardiac stress testing and EKGs. Additionally, SBFD offers behavioral health resources, such as Critical Incident Stress Management (CISM) and the City's Employee Assistance Program (EAP) for mental health counseling and support. 59 of 150
Item 6f.

Honorable Mayor and Members of the City Council
February 25, 2025

Page 2 of 3 ends

To support ongoing firefighter wellness and fitness initiatives, the FY 2023/2024 budget allocated $45,000, with nearly $35,000 dedicated to NFPA 1582-compliant firefighter physicals.

The remaining funds were used for the maintenance of aging fitness equipment, but many items are reaching the end of their service life. Recognizing the importance of cardiovascular and strength training in reducing cardiac-related firefighter fatalities, the Department has taken proactive steps to secure funding for equipment replacement by applying for the FEMA assistance to firefighters grant focusing on firefighter health and wellness.

The Department remains committed to reducing cancer risks among firefighters. Department members have served on a countywide Exposure Reduction Committee and played a key role in developing a fire decontamination policy requiring firefighters to decontaminate gear, bag contaminated firefighting turnout gear, and store them outside the fire engine cab after fire incidents. Upon returning to the station, firefighters must immediately shower to remove contaminants. Additionally, to further protect personnel from harmful exposure, the Department has relocated exercise equipment from the apparatus bays where it was exposed to diesel exhaust and provided a dedicated clean exercise room at Station 51.

Recognizing the need for updated fitness equipment, the Department applied for funding through the 2023 FEMA Assistance to Firefighters Grant (AFG) program. On July 31, 2024, the City of San Bruno was officially notified of a successful grant award totaling $41,759.78. This funding is structured as a 90/10 split, with 90% ($37,583.80) provided through federal funds and a 10% local match ($3,796.35) required from the City.

The acceptance of this grant allows the Department to purchase modern fitness equipment for both fire stations, ensuring firefighters have the necessary resources to maintain their physical readiness and reduce the risk of injury, cardiac-related fatalities, and long-term health complications.

FISCAL IMPACT:

The AFG grant of $37,963.43 requires a ten percent (10%) local match, or $3,796.35, for a total expenditure of federal and local program costs of $41,759.78. The department has sufficient funding in the FY25 budget to fund the local match. As part of the appropriation, City Council will authorize receipt and expenditure of the AFG grant in the amount of $37,963.43.

ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA.

RECOMMENDATION:

Adopt a Resolution Accepting FEMA Assistance to Firefighters Grant No. EMW-2023-FG- 08796 for fitness equipment and authorize an appropriation in the amount of $37,963.43.

ALTERNATIVES:

1. Do not accept the grant funding.

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Honorable Mayor and Members of the City Council
February 25, 2025

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ATTACHMENTS:

1. Resolution

2. Grant Award Letter EMW-2023-FG-08796 (Fitness Equipment)

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1 2
9 6
4 RESOLUTION NO. 2025 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ACCEPTING FEMA ASSISTANCE TO FIREFIGHTERS GRANT NO. EMW-2023-FG-08796 FOR FITNESS EQUIPMENT AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $37,963.43 WHEREAS, in 2023 the San Bruno Fire Department submitted a grant application to FEMA’s Assistance to Firefighters Grant Program. The grant is for the replacement of fitness equipment; and
WHEREAS, the San Bruno Fire Department has received written notification that the Fire Department has been awarded the grant; and
WHEREAS, the fitness equipment grant is in the total amount of $41,759.78 of which $37,583.80 benefits the City of San Bruno with matching funds of $3,796.35; and WHEREAS, the San Bruno Fire Department will then administer the purchase of the equipment for the grant; and
WHEREAS, the Fire Chief recommends that the City Council approve the acceptance of the $37,963.43 grant awards and appropriate the funds to purchase equipment.

NOW, THEREFORE, BE IT RESOLVED, that the San Bruno City Council hereby accept the awards for the FEMA Assistance to Firefighters grant No. EMW-2023-FG-08796 and appropriate the receipt and expenditure of grant funds in the amount of $37,963.43. ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced adopted by the San Bruno City Council at a regular meeting on February 25, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Eﬀective date: 07/31/2024
Esther Garibay

CITY OF SAN BRUNO
567 EL CAMINO REAL
SAN BRUNO, CA 94066
EMW-2023-FG-08796
Dear Esther Garibay,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY)
2023 Assistance to Fire ﬁghters Grant (FG) Grant funding opportunity has been approved in the amount of $ 37,963.43 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $3,796.35 for a total approved budget of $41,759.78. Please see the FY 2023 FG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2023 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your o ﬃcial ﬁle for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs
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ATTACHMENT 2
Summary Award Memo
Program: Fiscal Year 2023 Assistance to Fireﬁghters Grant Recipient: CITY OF SAN BRUNO
UEI-EFT: EJVCEFSC4FM6
DUNS number: 803138762
Award number: EMW-2023-FG-08796
Summary description of award
The purpose of the Assistance to Fireﬁghters Grant program is to protect the health and safety of the public and ﬁreﬁghting personnel against ﬁre and ﬁre-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Fireﬁghters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2023 Assistance to Fireﬁghters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):

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Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justiﬁcations are provided for any diﬀerences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 FG NOFO.

Approved request details:

Wellness and ﬁtness programs
Object Class Total
Personnel $0.00
Fringe beneﬁts $0.00
Travel $0.00
Equipment $36,918.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $4,841.78
Indirect charges $0.00
Federal $37,963.43
Non-federal $3,796.35
Total $41,759.78
Program Income $0.00

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Exercise Equipment

DESCRIPTION
Titan Fitness Functional Trainer

QUANTITY UNIT PRICE TOTAL
2 $2,500.00 $5,000.00

BUDGET CLASS
Equipment
Exercise Equipment

DESCRIPTION
Rogue Urethane Dumbbell Set: 5LB - 75LB (2)

QUANTITY UNIT PRICE TOTAL
2 $1,000.00 $2,000.00

BUDGET CLASS
Equipment

CHANGE FROM APPLICATION
Unit price from $4,175.00 to $1,000.00

JUSTIFICATION
The award reﬂects a reduction from the amount requested in the application. Cost requested for weight rack exceeds the average price range calculated from market research and prior awards for the same item.

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Exercise Equipment

DESCRIPTION
Rogue Monster Lite Half Rack

QUANTITY UNIT PRICE TOTAL
2 $600.00 $1,200.00

BUDGET CLASS
Equipment

CHANGE FROM APPLICATION
Unit price from $1,625.00 to $600.00

Exercise Equipment

DESCRIPTION
StarTrac SCT Commercial Elliptical (2)

QUANTITY UNIT PRICE TOTAL
2 $5,249.00 $10,498.00

BUDGET CLASS
Equipment

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Exercise Equipment

DESCRIPTION
Rougue 3 Tier Dumbell Rack

QUANTITY UNIT PRICE TOTAL
2 $600.00 $1,200.00

BUDGET CLASS
Equipment

CHANGE FROM APPLICATION
Unit price from $900.00 to $600.00

Exercise Equipment

DESCRIPTION
Rogue Curl Bar (2)

QUANTITY UNIT PRICE TOTAL
2 $245.00 $490.00

BUDGET CLASS
Equipment

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Exercise Equipment

DESCRIPTION
Concept 2 SkiErg

QUANTITY UNIT PRICE TOTAL
2 $1,070.00 $2,140.00

BUDGET CLASS
Equipment
Exercise Equipment

DESCRIPTION
Rogue Barbell (2)

QUANTITY UNIT PRICE TOTAL
2 $350.00 $700.00

BUDGET CLASS
Equipment
Exercise Equipment

DESCRIPTION
Concept 2 RowErg

QUANTITY UNIT PRICE TOTAL
2 $990.00 $1,980.00

BUDGET CLASS
Equipment

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Exercise Equipment

DESCRIPTION
Rogue Kettlebell sets

QUANTITY UNIT PRICE TOTAL
2 $580.00 $1,160.00

BUDGET CLASS
Equipment
Exercise Equipment

DESCRIPTION
Rogue Trap Bar

QUANTITY UNIT PRICE TOTAL
2 $395.00 $790.00

BUDGET CLASS
Equipment
Exercise Equipment

DESCRIPTION
Rogue Monster Bands

QUANTITY UNIT PRICE TOTAL
2 $110.00 $220.00

BUDGET CLASS
Equipment

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Exercise Equipment

DESCRIPTION
Tax and Delivery

QUANTITY UNIT PRICE TOTAL
1 $4,841.78 $4,841.78

BUDGET CLASS
Other
Exercise Equipment

DESCRIPTION
StairMaster 7000PT StepMill

QUANTITY UNIT PRICE TOTAL
2 $2,990.00 $5,980.00

BUDGET CLASS
Equipment
Exercise Equipment

DESCRIPTION
Rogue Adjustable Bench

QUANTITY UNIT PRICE TOTAL
2 $595.00 $1,190.00

BUDGET CLASS
Equipment

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Exercise Equipment

DESCRIPTION
Rogue Sandbag Set

QUANTITY UNIT PRICE TOTAL
2 $585.00 $1,170.00

BUDGET CLASS
Equipment
Exercise Equipment

DESCRIPTION
Rogue Competition 320 lb. weight set

QUANTITY UNIT PRICE TOTAL
2 $600.00 $1,200.00

BUDGET CLASS
Equipment

CHANGE FROM APPLICATION
Unit price from $1,195.00 to $600.00

JUSTIFICATION
The award reﬂects a reduction from the amount requested in the application. Cost requested for weight set exceeds the average price range calculated from market research and prior awards for the same item.

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Agreement Articles
Program: Fiscal Year 2023 Assistance to Fireﬁghters Grant Recipient: CITY OF SAN BRUNO
UEI-EFT: EJVCEFSC4FM6
DUNS number: 803138762
Award number: EMW-2023-FG-08796
Table of contents

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Article
1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certiﬁcations
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identiﬁable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplicative Costs
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Eﬀective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proﬁciency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act

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Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Traﬃcking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identiﬁer and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modiﬁcation of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals

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Article 1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certiﬁcations
I. Recipients must complete either the Oﬃce of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS ﬁnancial assistance oﬃce (DHS FAO) may require applicants to certify additional assurances. Applicants are required to ﬁll out the assurances as instructed by the federal awarding agency.

Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in eﬀect as of the federal award date and located at 2 C.F.R.

Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staﬀ pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal ﬁnancial assistance award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS oﬃcials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award speciﬁc terms and conditions, and/or federal awarding agency program guidance. V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the ﬁrst award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made. Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clariﬁes the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Oﬃce for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identiﬁes steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

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Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codiﬁed as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal ﬁnancial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codiﬁed as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identiﬁable Information
Recipients who collect personally identiﬁable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS deﬁnes PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.

Recipients may also ﬁnd the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

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Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codiﬁed as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any program or activity receiving federal ﬁnancial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.

Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.

No. 90-284 (codiﬁed as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, ﬁnancing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-ﬂoor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright
Recipients must aﬃx the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work ﬁrst produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty- free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

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Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal ﬁnancial assistance award terms and conditions.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codiﬁed as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any educational program or activity receiving federal ﬁnancial assistance. DHS implementing regulations are codiﬁed at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Eﬀective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and eﬀective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codiﬁed as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy eﬃciency that are deﬁned in the state energy conservation plan issued in compliance with this Act.

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Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801- 3812, which details the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and beneﬁt overpayments. (See OMB Circular A- 129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on oﬃcial government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certiﬁed air carriers can be found at: Certiﬁcated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation- policy/certiﬁcated-air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the ﬁre prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

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Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Article 23 Limited English Proﬁciency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal ﬁnancial assistance take reasonable steps to provide meaningful access to persons with limited English proﬁciency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department-supported-organizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to inﬂuence, or attempt to inﬂuence an oﬃcer or employee of any agency, a Member of Congress, an oﬃcer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modiﬁcation.

Per 6 C.F.R. Part 9, recipients must ﬁle a lobbying certiﬁcation form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and ﬁle a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codiﬁed as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulﬁll the social, economic, and other needs of present and future generations of Americans.

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Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneﬁciaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in eﬀect.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonproﬁt Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codiﬁed as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

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Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codiﬁed as amended at 29 U.S.C. § 794), which provides that no otherwise qualiﬁed handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any program or activity receiving federal ﬁnancial assistance.

Article 32 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 33 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

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Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients of an award of Federal ﬁnancial assistance from a program for infrastructure are hereby notiﬁed that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or aﬃxed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaﬀolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the ﬁnished infrastructure project but are not an integral part of the structure or permanently aﬃxed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding oﬃcial may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in suﬃcient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Oﬃce. There may be instances where an award qualiﬁes, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Deﬁnitions The deﬁnitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

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Article 35 SAFECOM
Recipients receiving federal ﬁnancial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.

Article 37 Traﬃcking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide ﬁnancial assistance award term which implements Traﬃcking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codiﬁed as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.

Article 38 Universal Identiﬁer and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide ﬁnancial assistance award term regarding the System for Award Management and Universal Identiﬁer Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of ﬂags, or likenesses of DHS agency oﬃcials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of ﬂags, or likenesses of component oﬃcials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.

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Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by:
the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Speciﬁc applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Oﬃcer to be put into contact with EHP staﬀ responsible for assisting their speciﬁc grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and ﬂow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notiﬁed of the change in writing. Once the notiﬁcation has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK- [email protected] if you have any questions.

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Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub- recipients must follow the disposition requirements in accordance with state laws and procedures.

Article 46 Prior Approval for Modiﬁcation of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simpliﬁed acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non- construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the ﬁrst Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award ﬁle.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its ﬁnal performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

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Obligating document

1. Agreement
No.

EMW-2023-FG-
08796

2. Amendment
No.

N/A

3. Recipient
No.
946000414

4. Type of
Action
AWARD

5. Control No.

WX03513N2024T

6. Recipient Name and
Address

CITY OF SAN BRUNO
567 EL CAMINO REAL
SAN BRUNO, CA 94066

7. Issuing FEMA Oﬃce and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Oﬃce and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Oﬃcer
Esther Garibay
9a. Phone
No.
650-
6167034

10. Name of FEMA Project
Coordinator
Assistance to Fireﬁghters
Grant Program
10a. Phone
No.
1-866-274-
0960

11. Eﬀective Date of
This Action
07/31/2024

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
08/07/2024 to
08/06/2026
Budget Period
08/07/2024 to
08/06/2026

15. Description of Action a. (Indicate funding data for awards or ﬁnancial changes)
Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This
Action +
or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
FG 97.044
2024-F3-
GB01 -
P410-xxxx-
4101-D
$0.00 $37,963.43$37,963.43$3,796.35
Totals$0.00 $37,963.43$37,963.43$3,796.35
b. To describe changes other than funding data or ﬁnancial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This ﬁeld is not applicable for digitally signed grant agreements

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17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Esther Garibay
DATE
08/09/2024

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
07/31/2024

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director SUBJECT: Consider Adoption of a Resolution Revising the Planning Commission Bylaws
BACKGROUND:

The Planning Commission (Commission) operates under bylaws that are approved by the City Council. As the existing bylaws were last updated in 2021, this is an opportune time to update the bylaws to remove inapplicable and outdated provisions and to reflect current procedures and practices of the Commission.

DISCUSSION:

The updates to the bylaws include:
• Provisions that duplicate Municipal Code Section 2.08 (Planning Commission), or cause potential conflict with the Brown Act and constitutional rights of the public have been removed or updated based on direction from the City Attorney’s Office. • The number of regular meetings a Commissioner can be absent was reduced to reflect the fact that the Commission has one regular meeting per month. The Commission supported this change, but requested staff assist in clarifying the methods for notifying staff about absences to minimize unexcused absences from occurring.

Commission Approval:

At its December 17, 2024, meeting, the Planning Commission considered revisions to the bylaws. After discussion, the Commission voted unanimously to recommend approval of the revised bylaws.

FISCAL IMPACT:

There is no fiscal impact.

RECOMMENDATION:

Adopt a Resolution Revising Planning Commission Bylaws. 90 of 150
Item 6g.

Honorable Mayor and Members of the City Council
February 25, 2025

Page 2 of 2 ends

ALTERNATIVES:

Do not approve the revised bylaws.

ATTACHMENTS:

1. Resolution with bylaws

2. Bylaws with track changes

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1 RESOLUTION NO. 2025- __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO REVISING THE

PLANNING COMMISSION BY-LAWS
WHEREAS, the City Council at its March 25, 2023, retreat, identified Good Governance of Commissions, Boards, and Committees (CBCs) as a strategic initiative to promote effective and efficient organizational structures and transparent decision-making; and WHEREAS, on August 22, 2023, the City Council held a special meeting to discuss potential improvements to the governance of San Bruno CBCs; and WHEREAS, a comprehensive review of the Planning Commission by-laws, which were last updated in 2015, was undertaken by the Community Development Department, and City Attorney, resulting in proposed revisions to improve clarity, alignment with the municipal code, and operational efficiency; and
WHEREAS, on December 17, 2024, the Planning Commission unanimously approved the proposed revisions to its by-laws as reflected in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Bruno hereby approves the revised Planning Commission by-laws.

Exhibit A: Planning Commission By-laws
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on February 25, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1

Page 1 of 16 ends

(Rev. December
20212024)

SAN BRUNO

PLANNING COMMISSION

BY-LAWS
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ATTACHMENT 2

Page 2 of 16 ends

(Rev. December
20212024)

PLANNING COMMISSION BY-LAWS

1. Purpose and Intent. The membership and duties of the Planning Commission (the “Commission”) are prescribed in the San Bruno Municipal Code. These Bylaws set forth the procedural rules for the conduct of Commission meetings.

2. Meetings. The Commission shall conduct its business in accordance with Chapter

2.08 of the San Bruno Municipal Code, these Bylaws, and the Ralph M. Brown Act (Government Code Section 54950 et seq.) and the Code of Conduct adopted by the City Council by way of Resolution No. 01-2604.

2.1 Regular Meetings. The Commission shall hold regular meetings at 7:00 p.m. on the third Tuesday of each month, except that no meeting shall be held if a regular meeting day falls on a legal holiday. Regular meetings shall be held at the San Bruno Senior Recreation and Aquatics Center .

2.21 Special Meetings. Special meetings may be called at any time by the Chair or by a majority of the Commission, by delivering written notice to each member of the Commission (hereinafter “member” or “members”) and by posting the notice in the designated posting locations. Such notice may be delivered by any means and must be received at least twenty-four hours before the time of such meeting as specified in the notice, unless notice is waived in writing. The noticeA Special Meeting Agenda shall be prepared and shall specify the time and place of the special meeting and the business to be transacted, and no other business shall be transacted at that meeting other than that contained in the noticeAgenda.

2.3 Adjourned Meetings. All meetings may be adjourned to another specified time, place and date, but not beyond the next regular meeting. If all members are absent from any regular or adjourned regular meeting the Secretary may declare the meeting adjourned to a stated time and place, and shall cause a written notice of the adjournment to be given in the same manner as provided in paragraph 2.2 above for special meetings. A copy of the notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment.

2.4 2 Study Sessions. The Commission may, from time to time, as part of a regular, adjourned or special meeting, meet in study session to focus on a particular matter within its jurisdiction. Action shall not be taken during a study session but direction may be provided.

2.53 Public Meetings. All meetings and study sessions of the Commission shall be open to the public. Closed sessions may be held only when specifically authorized by the Brown Act.

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2.64 Cancellation of Regular Meetings. The Commission may cancel an upcoming regular meeting for lack of a quorum or if the Secretary has indicated that there are no agenda items required to be heard by the Commission. Notice of the cancellation shall be posted in lieu of an agenda.

3. Organization of the Commission.

3.1 Establishment. There is established a Planning Commission. The Commission shall consist of seven residents of the City, but not employees of the City. Members shall be appointed by and serve at the pleasure of the Mayor with the majority approval of the City Council, subject to removal at any time, pursuant to City Council procedures.

3.2 Term. The term of office of each member is four years.

3.31 Compensation. No person shall receive compensation for service as a member, except for reimbursement of all such expenses necessarily and legitimately incurred and authorized during the performance of official duties. for payment for service as a proctor during administration of employment examinations.

3.42 Officers. The Commission shall elect from its membership a Chair, who shall preside over meetings. The Commission shall also elect a Vice- Chair, who shall preside in the absence of the Chair. The Chair and Vice- Chair are sometimes referred to herein as the “presiding officer.” The Chair shall have the following powers:

3.42.1 To call to order the meeting and to conduct the order of business as set forth in the agenda.

3.42.2 To adjust the agenda, if needed, at the time of the meeting with the approval of the Commission;

3.42.3 To move, second, debate and vote;

3.42.4 To rule motions in or out of order;

3.42.5 To determine whether a speaker from the audience has exceeded his or her time or is otherwise out of order;

3.42.6 To rule on questions of parliamentary procedure based generally on Robert's Rules of Order;

3.42.7 To sign all minutes and resolutions and other documents necessitating his or her signature;

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3.42.8 To call a brief recess during a meeting;

3.42.9 To appoint members to subcommittees with the approval of the Commission; and

3.42.10 To maintain decorum.

The presiding officer’s determination as to any of the above matters may be overruled by a majority of the members present.

3.5 Organizational Meeting. At its first meeting in December, the members shall elect a Chair and Vice-Chair from among its members.

3.6 Term of the Chair and Vice-Chair. The term of office of the Chair and Vice Chair shall be one year. A member may serve more than one consecutive term as Chair or Vice-Chair. Nothing shall prevent the Commission from removing and replacing the Chair or Vice-Chair at any time during their respective terms, provided that the item is properly on the agenda of the meeting.

3.7 Vacancy in the Office of Chair or Vice-Chair. A vacancy in the office of Chair or Vice-Chair shall be filled for the remainder of the unexpired term by election at the next meeting provided the election has been noticed on the agenda.

3.8 Vacancy of a Member’s Seat. A member may resign by submitting his or her resignation in writing to the Chair. The resignation is effective and irrevocable when submitted. In the event of an unscheduled vacancy of any member’s seat prior to the expiration of his or her term, the City Council (or in the case of an individual appointment, the applicable Councilmember) may appoint a member to serve the remainder of the unexpired term. The newly appointed member shall take and subscribe to the oath of office before the next regular meeting after his or her appointment by the City Council.

3.9 Quorum. A majority of the total membership of the Commission shall constitute a quorum for the transaction of business. Where there is not a quorum present, the Secretary of the Commission shall announce that no meeting will be held due to lack of a quorum, and shall announce the date of the next regular or adjourned meeting. When a member is disqualified due to a financial conflict of interest, his or her presence shall not be considered in determining the presence of a quorum. Any decision of the Commission shall require a vote of the majority of the members present and qualified to vote.

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3.10 Subcommittees. Subject to the approval of the Community Development Director or City Council, The the Commission may from time to time establish either standing or ad hoc subcommittees consisting of any number less than a quorum of its membership for the purposes of studying a specific area of concern. Standing subcommittees (that have a regular meeting schedule or continuing subject matter jurisdiction) are subject to all of the requirements of the Brown Act. The Commission may refer matters to a subcommittee to report back to the fullshall make reports to the full Commission or City Council at a future date. The sSubcommittee reports will be considered advisory and its recommendations are subject to action by the full Commission or City Council.

3.11 Architectural Review Committee. The Architectural Review Committee is a standing subcommittee of the Planning Commission.

3.11.1 Regular Meetings. The Architectural Review Committee shall hold regular meetings at 6:00 p.m. the Thursday before the Planning Commission of each month. Regular meetings shall be held at City Hall. Architectural Review Committee Meetings shall be subject to all of the requirements of the Brown Act.

3.11.2 Members. The Architectural Review Committee shall consist of three Planning Commissioners who volunteer month to month. The duties consist of reviewing projects requiring architectural review, as set forth by the San Bruno Municipal Code.

3.11.3 Review Authority. The Architectural Review Committee takes final action on minor modification permits and architectural review permits meeting the scope and threshold requirements described by the San Bruno Municipal Code, and other matters as described by the San Bruno Municipal Code, as may be amended from time to time.

3.11.4 Recommendations to Planning Commission. The Architectural Review Committee reviews and forwards recommendations to the Planning Commission on other matters, such as certain Use Permits, as described by the San Bruno Municipal Code, as may be amended from time to time.

3.11.5 Quorum. A majority of the three Planning Commissioners who volunteer for the Architectural Review Committee shall constitute a quorum for the transaction of business. Where there is not a quorum present, the Secretary of the Committee (the Community and Economic Development Director or designee) shall announce that no meeting will be held due to lack of a quorum and shall announce the date of the next regular or adjourned meeting.

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3.12 11 Absences from meetings. If a member of the Planning Commission is absent from three successive regular meetings without being excused by the Commission, or is absent for any reason for more than sixhas 2 unexcused or 4 excused absences from regular meetings in any twelve- month period, the office of such member shall be vacated. and the Chair shall immediately notify the Secretary, who shall notify the City Council that said office is vacant. Upon such notification, a successorA successor for the remainder of the term of such member shall be appointed as adopted by Council Policy on July 26, 1976by the City Council. In order to request an excused absence, a member must notify the Chair or and the Secretary of the anticipated absence in advance of the meeting and the request must be noted during call of the roll and reflected in the minutes of the meeting, and is subject to denial by the Commission.

3.13 12 Oath of Office. Newly appointed members shall take and subscribe to the oath of office before assuming their duties. The oath may be given by a City official authorized to do so by State law.

4. Powers and Duties.

4.1Serve in an advisory capacity to the City Council and City Manager;

4.2Duties set forth as duties for Planning Commissions pursuant to state law;

4.3Duties of a planning agency pursuant to Section 65400 et seq., of the Government Code;

4.4Other duties as set forth by ordinancethe Municipal Code. (Ord. 1602 ; and § 2, 1998); and

4.5Provide other assistance as requested by the City Council or the City Manager.

5. The Commission Agenda.

5.1 Preparation of the agenda. The Secretary of the Commission shall formulate and prepare the agenda for meetings.

5.2 Posting of the agenda. The City Clerk shall cause to be posted an agenda for each regular meeting in the designated posting locations not less than 72 hours prior to the meeting. Agendas for adjourned meetings and special meetings shall be posted in the same fashion, unless the business to be undertaken is limited to the items on the agenda of the meeting at which the adjournment occurs

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and the meeting is adjourned to a date within five days of the adjournment. Agendas of special meetings shall be posted and provided along with the notice of the meeting as provided in paragraph 2.2 aboveas required by law.

5.3 Affidavit of posting. Immediately following the posting of the agenda, the City Clerk shall cause to be completed an affidavit of posting. The affidavit shall indicate the time and location of posting, and shall be signed under penalty of perjury. The City Clerk shall retain all such affidavits in accordance with the City’s records retention policy.

5.4 Order of Business. Items shall be placed on the agenda substantially according to the following "Order of Business." Upon review of the agenda at the beginning of any meeting, the Commission may change the order of business in order to promote the efficiency of the meeting. The Order of Business for each regular meeting shall be as follows:

1. Call to Order/Roll call

2. Pledge of Allegiance

3. Approval of the Agenda

43. Approval of Minutes (unless approved on the Consent Calendar) 5

4. Public Comments on Consent Calendar and Mattersfor items Not not on the agenda

5. Announcements of Conflicts of interest

6. Consent Calendar

7. Public Hearings

8. New Conduct of Business

9. Unfinished Business

10. Excluded Consent
119. ItemsComments from Staff

12. Public Comments on Matters Not on the Agenda (remaining comments not heard during previous comment period)
1310. Items from Members and Subcommittee Reports
1411. Adjournment

5.5 Description of Matters on the Agenda. All items of business to be transacted shall be described briefly on the agenda in sufficient detail so that a reasonable person can determine the general nature of the matter under consideration. Not every recommendation or conceivable action or alternative need be listed. Generally, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken.

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5.6 Adding Items of Business to the Agenda. The Commission shall not discuss or take action on any item of business not listed on the posted agenda except:

5.6.1 Upon a majority determination of the existence of an “emergency” as that term is defined in the Brown Act.

5.6.2 Upon a determination by a two-thirds vote of the members present, or if less than two-thirds of the membership is present, upon a unanimous vote, that there is an immediate need to take action and that the need to take action came to the attention of the City subsequent to the posting of the agenda. If the Commission makes this determination, the minutes of the meeting shall reflect what circumstances gave rise to the need to take action after the posting of the agenda.

5.6.3 Where the item upon which action is to be taken was included on a properly posted agenda for a prior meeting of the Commission occurring not more than five calendar days prior to the date of the meeting at which the item is to be considered, and the item was continued to an adjourned meeting.

5.7 6 Adding Items of Business to a Future Agenda. Any member may during “Items from Members” request that an item of business within the Commission’s subject matter jurisdiction be added to a future agenda.

Such requests are subject to approval of the Commission and Secretary.

5.8 7 Public Comments. Members of the public shall be permitted to speak on each item of business on the agenda when the item is taken up and before action is taken on the item by the Commission. Each speaker shall have a three (3) minute period to speak; time cannot be ceded to another speaker. In order to facilitate the conduct of the meeting, the Chair or the Commission may lengthen or shorten the three- minute period for all speakers on a particular agenda item based on the number of persons in attendance wishing to speak or the complexity of the matter under consideration. The "Public Comments" item shall be limited to items on the Consent Calendar (and not pulled therefrom) and matters not on the agenda but within the subject matter jurisdiction of the Commission. An individual may speak only once during “Public Comments,” either at the first or second public comment period.

5.9 Notification. Upon written request on an annual basis and payment of the fee required by the City’s fee resolution, the Secretary will mail agendas or agenda packets to any person.

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6. Minutes. The minutes of meetings shall be kept by the Secretary in accordance with the following policy:

6.1 The Planning Commission shall use Action Minutes to record their proceedings.

6.2 Action Minutes shall be defined as decision-on minutes that exclude any discussion that went into making the decision and capture only the conclusion and/or action to be taken. The minutes shall include the definition of action minutes.

6.3 Motions and votes are outlined in the action minutes.

6.1 Minutes shall contain a record of all proceedings, motions, and actions, but shall only contain a summary of the discussion, not a verbatim transcription. The minutes shall accurately reflect what occurred at the meeting.

6.2 All motions, whether carried or not, shall be recorded, disclosing the author of the motion and the second, and the roll call vote.

6.3 Minutes of public hearings shall list when available the names and City of residence of all persons who speak during the hearing, and the position they took on the matter. The minutes need not include detailed or verbatim transcriptions of public comments.

6.4 An audiotape recording of all meetings shall be made and said recording tapes shall be kept for a period not less than thirty days following approval of the minutes, and shall be subject to disclosure during that time.

7. Annual Report. The Commission shall provide a report to the City Council concerning its actions, activities, and achievements during the preceding year, its goals for the subsequent year and any recommendations for improvement in providing service to the City. A summary of the annual report shall be presented orally at a regular City Council meeting. If the annual report requirement is suspended by the City Council, then a report would not be required.

8. Secretary. The City Manager or applicableCommunity Development Department Director or his/her designee shall serve as the Secretary for the Commission. The Secretary shall:

8.1 Keep the minutes of all meetings and transmit approved minutes to the City Clerkpost approved minutes to the City website;

8.2 Give or serve all notices required by law or by these rules;

8.3 Formulate and prepare the agenda for all meetings;

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8.4 Be custodian of Commission records;

8.5 Inform the Commission of correspondence relating to business of the Commission and attend to such correspondence;

8.6 Handle funds allocated to the Commission, as directed by the applicable DepartmentCommunity Development Director, and in accordance with its directives, the law, and City regulations; and

8.7 Sign official documents of the Commission.

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9. Conduct of Meetings.

9.1 Action by the Commission. The Commission shall proceed by way of motion. Any member, including the Chair, may make a motion and any member may second the motion except that the same person who made the motion cannot second it. A member may make only one motion at a time and a motion or second may be withdrawn by the maker at any time before a vote.

9.2 Adoption by Majority Vote. A motion shall be adopted by an affirmative vote of a majority of the members present provided a quorum is determined to exist. Members have a duty to vote "aye", or "nay" on each motion. Abstentions shall be cast only if the member declares:

9.2.1 The existence of a conflict of interest or other disqualification from voting; or

9.2.2 A lack of sufficient information upon which to base a vote due to absence from a previous meeting.

Abstentions are not counted in the vote tally.

9.3 Public Hearings. Whenever the law requires the Planning Commission to hold a public hearing, such hearing shall be held in accordance with the following rules and procedures:

9.3.1 The Presiding Officer shall open the public hearing and orally summarize the procedures used by the Planning Commission during a public hearing or shall refer the audience to the agenda, wherein the procedures will be summarized.

9.3.2 The order of the hearing shall be as follows unless otherwise required by law or determined by the Planning Commission in the interest of assuring a fair hearing:
a. Opening of the Public Hearing
b. Disclosures of any ex parte communications
c. Presentation of Staff Report
d. Presentation of Subcommittee Reports, if any
e. Questions of Staff from the Planning Commission
f. Presentation by Applicant and/or Appellant
g. Testimony of Public
h. Rebuttal by Applicant and/or Appellant
j Questions of staff, applicant, appellant or public
i. Closure of the Public Testimony Portion of Hearing j. Response of Staff

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k. Discussion by Planning Commission - further questions to staff l. Action
m. Close of Public Hearing

9.3.3 Public Record. During the public hearing the Planning Commission may receive both oral and written testimony relevant to the matter being considered, which shall become part of the public record. In addition, the staff report, all exhibits, maps, papers and other physical evidence submitted to the Planning Commission shall be retained and become part of the public record.

Disclosures of pertinent information obtained by a Planning Commissioner outside the hearing shall also be part of the record.

Planning Commissioners shall not receive private notes, telephone calls or emails regarding the public hearing while it is being conducted.

Planning Commissioners shall avoid acquiring information outside the hearing of matters being heard solely on the basis of the record of a proceeding by a subordinate body or officer.

9.3.4 Continuation. At any time that it appears to the Presiding Officer or a majority of the Planning Commission that inadequate or insufficient evidence has been presented to afford judicious consideration of any matter at the time of a public hearing, or for other just cause, and as long as a continuance is permissible under State law, the hearing may be continued to afford the applicant, the public, or City staff adequate time to assemble additional evidence for consideration. The Planning Commission may also continue a public hearing on a matter being heard de novo for purposes of conducting a field trip collectively to view the property that is the subject of the hearing.

9.3.5 Presentation by Applicant/Appellant and Public Testimony.

The Presiding Officer shall recognize the applicants and/or appellants in the case, who shall be permitted five (5)ten (10) minutes to present evidence related to the matter under consideration.

The Presiding Officer shall then recognize members of the public who wish to speak on the issue. No person may speak without first being recognized by the Presiding Officer. Members of the Planning Commission who wish to ask questions of the speakers or each other during the Public Hearing may do so. The Presiding Officer shall conduct the hearing in such a manner as to afford the due process as required by law to all affected persons. Comments from the public shall be limited to three (3) minutes per speaker; time cannot be ceded to another speaker. The Chair may increase

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or reduce the time limit for speakers in the manner and for the reasons described in Paragraph 5.8.

Following public testimony, the applicant and/or appellants may present a wrap-up or rebuttal statement, not to exceed two (2)three (3) minutes in length. The Chair may increase the time limit for wrap- up or rebuttal statements.

9.3.6 Termination of Public Testimony. The Presiding Officer shall terminate public testimony when no members of the public who have not yet spoken wish to speak, or if after hearing substantial testimony on both sides of the matter, due to the lateness of the hour or the press of business, . the Chair Presiding Officer determines that additional testimony would be redundant and would not contribute materially to the consideration of the matter. Termination of public testimony does not close the public hearing.

9.3.7 Deliberations. No Planning Commissioner shall begin deliberations on the matter until the public portion of the hearing has been closed and the time has come for deliberation.

9.3.8 Reopening the Public Testimony Portion of the Hearing. Once the public testimony portion of a public hearing on any matter has been closed, no further public testimony shall be allowed unless the Presiding Officer determines that all persons who were present when the public testimony was heard are still present. Nothing herein however is intended to prevent or prohibit the reopening of public testimony at any subsequent regular or special meeting provided that due and proper notice is given designating the time and place of said re-opening.

9.3.9 Public Hearings - Decision. The Planning Commission shall consider all evidence properly before it in accordance with these procedures and then act upon the item. A Planning Commissioner who was absent from all or a significant part of a Public Hearing shall abstain from participating unless he or she has listened to the audiotape or viewed the videotape of the portion of the hearing missed and reviewed all submitted documents and other material.

The Planning Commission may deny a project without prejudice if it so specifies. In that instance, the Planning Commission may specify whether the applicant shall incur new fees, which shall generally apply for a substantial revision or resubmittal of the project.

9.4. Rules of Decorum.

9.4.1 Rules for Members. Members of the Commission shall conduct

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themselves in an orderly and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process is maintained at all times. Members shall maintain a polite, respectful and courteous manner when addressing one another, City staff and members of the public during meetings. Members shall speak clearly into the microphone so that they can be heard by the audience.
a. Communication with Members
1) Members should request the floor of the Presiding Officer before speaking.
2) A member who is speaking shall attempt to avoid repetition and shall limit their comments to the subject matter at hand.

Members should express their views without engaging in lengthy debates.
3) When one member is speaking, other members shall not interrupt or otherwise disturb the speaker.
b. Communication with Members of the Public Addressing the Commission.
1) Members may question a person addressing the Commission at the conclusion of the person’s comments or upon expiration of the person’s time to speak. Such
questions shall be directed to the person through the Presiding Officer.
2) Members shall not engage the person addressing the
Commission in a dialogue with the Commission or City staff, but shall confine communication to a question and answer format conducted through the Presiding Officer.
3) If a member of the audience has addressed the Commission on matters that are not on the agenda, members shall refrain from discussion of the matter. If a member so wishes, the member may, if appropriate, during the “Items from Members” portion of the meeting, direct the Secretary to place the matter on the next agenda, subject to the approval of the Commission.

9.4.2 Rules for City Staff.

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a. Decorum. City staff shall not engage in public dialogue or debate with members of the public during public meetings.

When addressed by the Commission, staff shall respond in a polite and respectful manner.
b. Role of the Secretary. The Secretary’s duties during the meetings include keeping a record of concerns raised by the Commission regarding staff matters and directions for future staff action.

9.4.3 Rules for the Public
a. Members of the Audience. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the meeting infeasible.

A member of the audience repeatedly or continuously engaging in any such conduct shall, at the discretion of the Presiding Officer or a majority of the Commission, be subject to ejection from that meeting.
b. Persons Addressing the Commission.
1) Any person wishing to speak in connection with any item of business on the agenda shall first be invited to voluntarily complete a speaker request slip and submit the slip to the Secretary, although completion of the speaker’s slip is not required to speak.
2) No person shall address the Commission without first being recognized by the Presiding Officer.
3) No person addressing the Commission shall make repetitious, slanderous or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the Commission, be subject to ejection from that meeting.

9.4.4 Enforcement.
a. The Chair shall follow the following procedure to maintain decorum:

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1) Warning. The Presiding Officer shall request that a person who is disrupting the meeting cease such conduct. If after receiving a warning from the Presiding Officer, the person persists in actually disrupting the meetingthe violation, the Presiding Officer shall order the person to leave the meeting.

If the person does not leave the meeting, the Presiding Officer may order a law enforcement officer to remove the person from the chambersmay request a recess to address the situation and, if necessary, direct the secretary to contact law enforcement to assist in maintaining order.
2) Removal. A law enforcement officer shall carry out the orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the Presiding Officer, it shall be the duty of the law enforcement officer tomay remove from the meeting any
person who is disturbing the proceedings.
3) Motion to Enforce. If the Presiding Officer fails to enforce the rules of order and decorum set forth above, any member of may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the Commission shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the Commission, the majority may designate another member to act as Presiding Officer for the purpose of enforcing the rules of order and decorum established above.
4) Clearing the RoomMeeting restart. The meeting may
restart once the disruption has been addressed. If a
meeting continues to be disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the Presiding Officer can adjourn the meeting. If a meeting is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the Presiding Officer or a majority of the Commission may exercise the authority granted in California Government Code Section 54957.9 by ordering the meeting room cleared and continuing in session in the manner authorized by Section 54957.9 of the Government Code. Members of the press shall be
permitted to remain unless they have participated in the disruption.

9.5 Adjournment of Meetings. Meetings shall adjourn not later than 10:30 p.m., or as soon thereafter as the Commission completes the item of business on the table at that hour, in which event items of business not yet addressed shall be continued to the next regular meeting or to an adjourned

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meeting. The Commission may by majority vote extend the meeting beyond 10:30 p.m. in order to complete more of its agenda.

10. General

10.1 The Commission and its activities are completely distinct from the Community Development Department.

10.2 No member shall use any public resources including the Community Development Department, City, and/or Commission letterhead and paper in any private activity.

10.3 The Community Development Director shall approve and release any and all publicity releases, public information, pamphlets and other public relations. The purpose is to ensure that no release or programs will conflict with policies or programs of the City.

11. Robert's Rules of Order. If a matter arises that is not covered by these rules, the Brown Act or the San Bruno Municipal Code, the procedures of the Commission shall be governed by the latest revised edition of Robert's Rules of Order to the extent not inconsistent with laws governing public agencies.

12. Amendments to By-Laws. These by-laws may not be amended unless the proposed amendment has been presented to and approved by the City Council.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Jeremy Brandenburg, Police Captain
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with DroneSense, Inc for use of its sUAS Management and Video Streaming Services
BACKGROUND:

The Police Department uses small unmanned arial systems (sUAS) to assist with various public safety missions. Our Federal Aviation Administration (FAA) authorization to use sUAS for public safety missions has requirements that include the include logging flights, air frame use hours, air frame maintenance, pilot training, and pilot flight hours. The most useful feature of sUAS operations is the ability to use both optical and thermal cameras to identify public safety related operational intelligence and provide real-time situational awareness to both the sUAS operator and incident commanders. Currently, the video stream is only visible to the sUAS pilot who has to verbally tell others at the scene what they are seeing. The Department has tested a service from DroneSense which can perform the complex tasks and provide seamless video access for situational awareness to those authorized to view the video.

DISCUSSION:

The Police Department has fully integrated its sUAS program in its public safety operations.

The current system the Department is using to track pilot flight hours, flight training, air frame use, and air frame maintenance is meeting the Department’s goals. This current system does have the ability to provide live stream videos, but their pricing model includes paying for a block of data. The current system also does not have a public facing portal, where a member of the public could see the general area where the Department’s sUAS flights have taken place.

The Police Department’s sUAS pilots conducted testing and evaluation different solutions that could meet the Department needs. The Department has been using DroneSense on a free evaluation basis for the past several months and this service meets all of our goals and objectives.

The public facing portal is not a feature that is available to trial accounts. If acquired, we will begin setting up and establishing the public flight information portal.

City Purchasing Procedures requires departments to utilize the General Services Agreement (GSA) for contracts, but this often presents difficulties with Software as Service (SAS) providers as they have established terms of service that all of their customers are required to agree to. As 110 of 150
Item 6h.

Honorable Mayor and Members of the City Council
February 25, 2025

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8 4
3 such, DroneSense presented their contract and Staff have reviewed the contract terms and deemed them acceptable, through legal consultation with the City Attorney.

Therefore, staff recommends the City Council to authorize the City Manager to execute a five- year contract with DroneSense, acknowledging the variance in terms from the City’s standard GSA, yet recognizing the invaluable merits and consonance with the department’s operational requisites.

FISCAL IMPACT:

As proposed, this contract has a duration of five years totaling $58,500. The contract will be invoiced each year at $11,700. The services provided via this contract for the first year have already been allocated from budged UAS funds for in the FY2024-25 Operating Budget. There is no additional funding request for this fiscal year.

ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Adopt a Resolution Authorizing City Manager to Sign Agreement with DroneSense, Inc for use of their sUAS management and video streaming services.

ALTERNATIVES:

1. Decline to adopt the resolution. However, staff does not recommend this due to the negative impacts on data tracking, situational awareness, and ability to provide a public facing information portal.

ATTACHMENTS:

1. Resolution

2. DroneSense, Inc Contract

3. DroneSense Platform Terms & Conditions

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1 RESOLUTION NO. 2025 – ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT WITH DRONESENSE, INC
WHEREAS, the City Council of San Bruno places a high priority on deploying efficient and effective technologies to support the public safety missions of the police department; and WHEREAS, the Police Department of San Bruno has integrated sUAS operations into is daily public safety mission and relies on the data and intelligence provided by the sUAS systems to keep both the community and the officers safe; and
WHEREAS, the Federal Aviation Administration’s certificate of authorization used for sUAS flights in San Bruno requires the documentation of several key data points including documenting flights, sUAS airframe flight time, pilot flight hours, and pilot flight training; and WHEREAS, the Police Department also looks to share flight data with the general public through an automated public information website; and
WHEREAS, implementation of a modern sUAS management system capable of integrating with our sUAS fleet would enable automated data management without additional work from the sUAS pilots; and
WHEREAS, after thorough consideration and evaluation, DroneSense, Inc has emerged as a distinguished provider of such a solution, providing features that are becoming industry standard, and tailored services for public safety; and
WHEREAS, the partnership with DroneSense, Inc aligns with the City of San Bruno's strategic objectives to leverage industry-leading solutions, promote streamlining data management, and maintain the highest standards of accountability and transparency in policing practices; and WHEREAS, the Software as Service (SAS) nature of this product offering makes use of the City’s General Services Agreement to engage this service inappropriate; and WHEREAS, Staff and the City Attorney have reviewed the Service Agreement provided by DroneSense, Inc and deemed them acceptable.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes and empowers the City Manager to proceed with the execution of a five year agreement with DroneSense, Inc for the provision of sUAS data management, live video streaming, and associated services for the Police Department.

BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its approval by the City Council of San Bruno, furthering the City's commitment to enhancing service delivery and operational efficiency within the Police Department. ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on February 25, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
San Bruno Police Department - CA
- 5 Year Agreement 2025
Quote created: December 3, 2024 Reference: 20241203-235546200 San Bruno Police Department - CA
1177 Huntington Ave.

San Bruno, CA 94066
United States
Jeremy Brandenburg
Captain
[email protected]
(650) 616-7113
Scott Smithmatungol
Sergeant - UAS Supervisor
[email protected]
6506167100
Comments
Subscription term begins on date of signed agreement
5 year agreement will be invoiced annually
DroneSense will lock in all 2025 skus through completion of the term *** If sending a PO, please include this quote number 20241203-235546200 113 of 150
ATTACHMENT 2
Item & Description SKU Quantity Unit
Price
Total
Class N UAS License (sub-250g)
Class N UAS License (sub-250g)
DJI Mavic Mini Drone Software License
Empower your team with the Class N UAS
software license for DroneSense, the com‐
prehensive drone / program management
and collaboration platform. Streaming with
unlimited viewers and pilots. Share live
streams with internal teams or cooperating
agencies, providing critical bird's-eye views
to save time, resources, and lives.

Note: Mini 3/Pro requires the RC-N1 con‐
troller or RC Pro (non-Enterprise) controllers
with an Android tablet.

DSCN 2 $900.00 / year $1,800.00 / year
for 5 years
Class T (Training Drone) UAS License
Class T UAS License
Training Drone Software License
Maintain operational readiness with the
Class T UAS software license for
DroneSense, the comprehensive drone
management and collaboration platform,
supporting designated training drones.

Note: Most drones are supported. Consult
your Sales Rep for details.

DSCT-01 4 $900.00 / year $3,600.00 / year
for 5 years
Andy Abols - Account Executive DroneSense

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Item & Description SKU Quantity Unit
Price
Total
Class 1 UAS License
Class 1 UAS License
DJI Mavic, Autel, and Parrot (Enterprise
sUAS)
Empower your team with the Class 1 UAS
software license for DroneSense, the com‐
prehensive drone / program management
and collaboration platform. Streaming with
unlimited viewers and pilots. Share live
streams with internal teams or cooperating
agencies, providing critical bird's-eye views
to save time, resources, and lives.

DSC1 2 $1,700.00
/ year
$3,400.00 / year
for 5 years
Class 2 UAS License
Class 2 UAS License
DJI Matrice 200, 300, 350, and 30/T series,
Autel Max 4T/N
Empower your team with the Class 2 UAS
software license for DroneSense, the com‐
prehensive drone / program management
and collaboration platform. Streaming with
unlimited viewers and pilots. Share live
streams with internal teams or cooperating
agencies, providing critical bird's-eye views
to save time, resources, and lives.

DSC2 1 $2,900.00
/ year
$2,900.00 / year
for 5 years
DroneSense Support
Initial setup and online training, 24/7 tech‐
nical support via tickets & phone as out‐
lined in Terms and Conditions, and fair use
storage on DroneSense cloud. Product
training webinars and software
maintenance.

DSS 1 $0.00 / year $0.00 / year
Annual subtotal $11,700.00
Total $11,700.00

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Signature
Each of the undersigned represents that he or she is fully authorized to enter into this Agreement and agrees to the attached Terms and Conditions.

Before you sign this quote, an email must be sent to you to verify your identity. Find your proﬁle below to request a veriﬁcation email.
*** If sending a PO, please include this quote number 20241203-235546200 Jeremy Brandenburg
[email protected] [ sig|req|signer1]
This quote expires on March 31, 2025
Questions? Contact me
Andy Abols
Account Executive
[email protected]
+19703253771
DroneSense
2028 E Ben White Blvd #240-4502
Austin TX 78741
United States
This quote is subject to and incorporates by reference the Platform Terms & Conditions located at dronesense.com/terms-and-conditions (the “Agreement”). All capitalized terms used in this quote have the meanings stated in the Agreement, unless stated otherwise.By signing this quote, each party represents and warrants that: (a) it has read and understands the Agreement that is incorporated by reference to this quote and agrees to be bound by the terms of the Agreement, and (b) it has full power and authority to accept the Agreement and this quote.

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Platform Terms & Conditions (copied from DroneSense website) dronesense.com/terms-and-conditions
These PLATFORM TERMS & CONDITIONS (these “Terms"), including any Order (as defined herein), addenda, exhibits and
schedules hereto (collectively, this "Agreement”), sets forth the terms and conditions pursuant to which DroneSense, Inc.
("DroneSense") shall provide the Services (as defined herein) and your access to and use of the Services. In the event of
conflict between the terms in an Order and this Agreement, the terms and conditions set forth in the Order shall govern with
respect to the Service provided under such Order. DroneSense may, at its discretion, update these Terms at any time. You can
access and review the most current version of these Terms at the URL for this page or by clicking on the “Platform Terms &
Conditions” link within the Services, or as otherwise made available by DroneSense.

The most current version of these Terms
will be effective when posted and will replace and supersede any prior versions posted.

PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN

ACCOUNT OR OTHERWISE ACCESSING OR

USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS,

INCLUDING ANY UPDATES OR REVISIONS
POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT

AGREE WITH THE TERMS AND

CONDITIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

If you are entering into these Terms as an individual, you represent and warrant that you: (a) are of legal age to form a binding
contract; (b) have the right, authority, and capacity to agree to and abide by these Terms; and (c) are not a person barred from
using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE

NOT INTENDED FOR USERS UNDER
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ATTACHMENT 3
THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM

SUBMITTING ANY PERSONAL DATA OR

USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU

AGREE, REPRESENT, AND WARRANT
THAT YOU ARE 18 YEARS OF AGE OR OLDER.

IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR

OTHER LEGAL ENTITY, YOU

REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY

ABLE TO BIND SUCH ENTITY TO THE
TOS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU

DO NOT HAVE SUCH AUTHORITY,
YOU MAY NOT ACCESS OR USE THE SERVICES.

1. CERTAIN DEFINTIONS

1.1. “API” means any proprietary application programming interface made accessible by DroneSense that enables you
to, among other things, (i) insert or retrieve Customer Data (as defined herein) via the Services, and/or (ii) insert or
retrieve Customer Data from any approved Integrations via the Service.

1.2. “Anonymized Data” means Customer Data that has been aggregated in a manner that does not reveal any
personally identifiable information and cannot reasonably be used to identify Customer or any User as the source of
such data.

1.3. “Credentials” means any User Accounts, passwords, and other authentication credentials associated with use of
the Services by Customers and Users.

1.4. "Customer” means any individual or entity that has purchased access to the Services via an Order.

1.5. "Customer Facilities” means Credentials and any account, database, hardware, system or other facility within a
Customer’s custody or control.

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1.6. "Customer Hardware” means any hardware used in conjunction with the Services, such as, but not limited to,
unmanned aerial systems.

1.7. “Intellectual Property” means all rights associated with patents and inventions; copyrights, mask works and other
works of authorship (including moral rights); trademarks, service marks, trade dress, trade names, logos, and other
source identifiers; trade secrets; software, databases, and data; and all other intellectual property and industrial
designs.

1.8. “Integrations” means any integration of the Services with Customer Facilities or Third Party Offerings which is
authorized by DroneSense and which is enabled by an API which enables Customer to input or extract Customer
Data into the Services from such Customer Facilities or Third Party Offerings.

1.9. “Malicious Code” means without limitation code, files, scripts, agents, or programs intended to do harm, including
without limitation viruses, worms, time bombs, and trojan horses.

1.10. "Mobile Apps” means mobile software applications DroneSense may make available for access to and use of
certain components of the Services.

1.11. "Order” means each order form, quote, or purchase order entered into in writing by a Customer and DroneSense
which makes reference to or to which these Terms are attached, and which specifies the Services, including any
Fees, number of authorized Users, and any additional terms applicable to a Customer’s access to and use of the
Services.

1.12. “Platform” means DroneSense’s proprietary offering branded as “DroneSense,” the websites at

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https://www.dronesense.com, https://web.dronesense.com/ and any applicable domains and subdomains, any
Mobile Apps, and other related software, content and services, including all versions and upgrades thereto.

1.13. "Public Safety Event” means an adverse event, near-miss, or other event in a public setting resulting from unsafe
conditions that could potentially endanger the safety and security of the public, including but not limited to
hazardous conditions, natural disaster or security threats.

1.14. “Reports” means certain analytical and/or consolidated reports and insights generated by the Services with respect
to Customer Data and otherwise.

1.15. “Reports Templates” means DroneSense’s proprietary algorithms, models and other data analytics, and other
templates and tools which are provided by DroneSense to Customer and Users via the Services.

1.16. “Services” means any and all of the services, software and other offerings provided by DroneSense pursuant to this
Agreement, including without limitation, any Integrations, Reports, APIs, and all such services and software labeled
as alpha, beta, pre-release, trial, preview, early-access, limited-access, or otherwise, and including any
enhancements, updates, upgrades, derivatives or bug fixes to such services, software, and offerings, and any
documentation, add-ons, templates, and sample data sets as provided by DroneSense.

1.17. "Subscription” means a Platform subscription for the term and on the terms set forth in these Terms and the
applicable Order.

1.18. “Third Party Offerings” means services delivered or performed by third parties independently of the Services or
other online, web-based applicable subscription services, and any associate offline products provided by third

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parties, that interoperate with the Services.

1.19. "Users” means employees and contractors of Customer who are authorized by Customer to access and use the
Services on Customer’s behalf and pursuant to unique Credentials which are associated with Customer’s account on the Services.

2. SAAS OFFERING

2.1. Provision of Service. During the Term of any Subscription and subject to the terms and conditions set forth herein,
including without limitation Customer’s payment of all Fees due hereunder and any restrictions or parameters set forth in this
Agreement, Customer and its Users shall have a limited, non-exclusive, non- transferable, non-sublicensable, royalty-free right
and license to access and internally use the Services for their intended purpose.

DroneSense will use commercially reasonable
efforts to provide Customer with access to its Platform consistent with its Service Level Agreement (“SLA”) as set forth on
DroneSense’s website.

2.2. Users. Users shall abide by the terms of this Agreement. Any breach by a User will be deemed to be a breach by
Customer. Customer shall be solely responsible for managing and administering User accounts, including issuing usernames
and passwords, provided that DroneSense may terminate or suspend any User’s access to the Platform for any breach without
notice. Customer shall be solely responsible for the security and confidentiality of Customer’s account information, including
usernames and passwords, and will ensure that no third party uses Customer’s account. Customer shall immediately notify
DroneSense in the event that Customer becomes aware of or has reason to believe a credible threat of any unauthorized

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access to the Platform or any violation of the terms of this Agreement by Customer or any User.

2.3. Reports. Subject to Customer’s and its User’s compliance with the terms and conditions of this Agreement (including
those in any applicable Order), DroneSense hereby grants Customer a perpetual, non- exclusive, non-transferable, non-
sublicensable, royalty-free right to use, display and create derivative works of the Reports and the Reports Templates (solely to
the extent incorporated into the Reports) solely for Customer’s internal purposes.

Reports may be made available in such
formats as determined in DroneSense’s sole discretion, which may include GeoJSON, GPX or KML.

2.4. Mobile Apps. DroneSense may make Mobile Apps. Your access to and use of Mobile Apps is subject to and governed
by this Agreement. If any Mobile App is downloaded by you from the iTunes App Store, Windows Phone Store, Amazon
Appstore, Google Play, or any similar service (an “App Store”), your use of such Mobile App is further subject to your
compliance in all material respects with the terms and conditions of the applicable usage rules set forth by such App Store. This
TOS is between you and DroneSense only, and not with the proprietor of any App Store (a “Third Party Proprietor”), and no
Third Party Proprietor is responsible for Mobile Apps and the contents thereof; however, any Third Party Proprietor and its
subsidiaries are third-party beneficiaries of this TOS with respect to Mobile Apps.

3. OTHER SERVICES

3.1. Hosting and System Upgrades. Customer acknowledges that DroneSense may host any or all elements and/or
components of the Platform (each, a “Platform Element”), or elements of Platform Elements, using its own infrastructure or it

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may engage a third party to host on its behalf. DroneSense currently utilizes Amazon Web Services (AWS) for
hosting certain Platform Elements. Updates to the Platform or any Platform Elements may be provided at DroneSense’s
discretion, and DroneSense may, in its sole discretion, make any changes that it deems necessary or useful to maintain or
enhance the quality or delivery of the Platform or to comply with applicable law.

Scheduled system maintenance shall take place
during a normal maintenance window, as reasonably determined by DroneSense.

During such time, certain Platform Elements
and their interaction with other Platform Elements may be unavailable and shall not be considered Downtime as provided in the
SLA. Emergency maintenance may be required at other times in the event of system failure.

3.2. Technical Support. During the Term of any Subscription, DroneSense will provide Customer with support regarding
the Platform as provided in the SLA, found at www.dronesense.com, by phone at 833- DS-HELP-5, (833) 374-3575, or by email
at [email protected].

3.3. Maintenance Services. DroneSense will provide periodic updates and bug fixes for Platform Elements at its discretion
during the Term of any Subscription (“Maintenance Services"). Any such updates or fixes will be considered a part of the
Platform and software owned by DroneSense. DroneSense does not warrant that all errors or defects can or need to be
corrected. For the avoidance of doubt, the terms set forth in Section 7.2 shall also apply to Maintenance Services. Maintenance
Services may include feature charges for update or enhancement releases of Platform Elements.

3.4. Training. Initial training for the Platform is available online and should be scheduled directly with DroneSense.

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DroneSense will provide on-site training if purchased by Customer in the applicable Order. Customer is solely responsible for
ensuring that all of its Users are adequately trained with respect to use of the Platform and any other Services.

3.5. DroneSense Response Team. DroneSense has developed the DroneSense Response Team (“DSRT”). DSRT is a
team of DroneSense employees predominately made up of former first responders.

DroneSense acknowledges and agrees that
standard DSRT deployments are included with Customer’s Subscription. Customer can request DSRT support for a Public Safety
Event. DroneSense shall respond to calls made by Customer to DroneSense’s 24/7 support line or submission of a DSRT
request form (“DSRT Request”), both of which are provided on the DroneSense website and which specifically allow Customer
to request a DSRT response within twenty-four (24) hours. DroneSense shall use commercially reasonable efforts to respond to a
DSRT Request within in the time frame set forth in the applicable request form; however, submission of a DSRT Request does not
obligate DroneSense to deploy a DSRT. DroneSense and Customer shall work in good faith to define the mission scope and
ability to support. Based on the agreed-upon mission scope, DroneSense and Customer shall agree to an appropriate set of
drones and equipment for the mission. Duration and any applicable additional cost or expenses reimbursements would be
mutually agreed to with the Customer ahead of deployment.

The DSRT role and capabilities may include:
(a) Providing training on-site to other first responders that have not previously used the Platform;
(b) Troubleshooting any software issues that occur and help identify and resolve networking issues;
(c) Assist in validating and updating correct firmware for agency drones and controllers;

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(d) Help set up shared mission codes and coordinate multiple agencies flying collaboratively;
(e) Coordinate and build out map layers to ensure safe operating space for multiple agency operations;
(f) Act as a single point of contact for any DroneSense-related issues back to our support operation center;
(g) Assist with after action report and documentation of flights, recordings and logging of equipment and personnel; and
(h) Provide operational and logistical support.

4. CUSTOMER ACKNOWLEDGEMENTS AND RESPONSIBILITIES

4.1. Customer Responsibilities.
(a) Customer Assistance. Customer shall provide DroneSense with all information, materials and assistance as
reasonably required for DroneSense to activate and operate the applicable Platform Elements for Customer and
its Users pursuant to this Agreement.
(b) Technical Requirements. Customer and its Users shall be solely responsible for obtaining, configuring, and
maintaining any hardware, network connectivity and third-party software required to access the Services, including
computers, operating systems, web browsers and storage devices. (c) Protection. Customer shall be solely responsible for protecting the confidentiality of Credentials and all activities
undertaken using Customer Facilities. In the event that Customer becomes aware of any unauthorized access to
or use of the Services through use of Customer Facilities, Customer shall promptly give written notice to
DroneSense of such breach and make reasonable efforts to eliminate it. Customer shall at all times implement

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appropriate security policies and procedures and access control methodologies to safeguard access to and use of
the Services through Customer Facilities. All such measures shall comply with prevailing industry standards but in
no case consist of less than reasonable care. Furthermore, Customer assumes all risk and liability associated
with sharing any Customer Data, Credentials and/or Customer’s Platform account with any other users of the
Services.

4.2. Compliance with Applicable Law. Customer and each User uses the Platform at its own initiative and risk and is
responsible for compliance with any applicable laws, including without limitation any federal, state or local employment and/or tax laws. WITHOUT LIMITING THE

FOREGOING, CUSTOMER IS SOLELY RESPONSIBLE FOR ANY AND ALL LAWS AND

REGULATIONS PERTAINING TO THE OPERATION AND MAINTENANCE OF ANY

AIRCRAFT AND/OR CUSTOMER
HARDWARE (AS DEFINED HEREIN). DroneSense may also impose limits on the use or access to the Platform as required by
law. Customer, and not DroneSense, is responsible for the safety and security of any aircraft and/or Customer Hardware
operations carried out by Customer or its Users.

4.3. Third Party Offerings and Integrations. Customer acknowledges that: (a) one or more Platform Elements may
contain Third Party Offerings and Customer's rights in the Third Party Offerings comprised by software are governed by and subject to the terms and conditions set forth in the applicable third party license(s) also set forth therein and Customer acknowledges and agrees to fully comply with such terms and conditions; and (b) enabling certain Integrations in the Services will require Customer to register and create accounts with various Third Party Offerings, or to link and enable such Integrations with existing Third Party Offerings with respect to which Customer may already have an account, and that Customer shall remain solely responsible for its and its Users’ conduct with respect to such Integrations and any Credentials, authorizations, permissions, Customer Data, or other information or actions required or permitted in

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connection therewith. IN ADDITION TO ANY DISCLAIMERS SET FORTH IN SUCH

TERMS AND CONDITIONS, TO THE FULLEST EXTENT PERMITTED UNDER LAW

AND ANY APPLICABLE THIRD PARTY LICENSES OR OTHER THIRD PARTY

AGREEMENTS, THE DISCLAIMERS SET FORTH AND THE LIMITATIONS OF

LIABILITY SET FORTH HEREIN SHALL APPLY TO DRONESENSE AND ITS

LICENSORS WITH RESPECT TO ALL INTEGRATIONS AND THIRD PARTY OFFERINGS.

4.4. Restrictions. Customer may not rent, lease, lend, sell, redistribute, reproduce, or sublicense any Platform Element, or
use any Platform Element as a service bureau. Customer may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, create derivative works of any Platform Element, or any part thereof, or use any Platform Element in violation of any law or regulation. If for some reason these restrictions are prohibited by applicable law or by an agreement DroneSense has with one of its licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). Customer shall not exploit any Platform Element in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Customer will comply with reasonable storage guidelines, each as established from time to time by DroneSense. DroneSense reserves the right to limit Customer's storage of Customer Data (as defined herein) if Customer exceeds reasonable amounts. Customer will be solely responsible for the following: (i) providing all hardware, software, networking and communications capabilities, including any cellular data plans, storage devices, or SIM cards, required for use of the Platform; (ii) at all times using the Platform in strict accordance with the applicable documentation and any other written instructions provided by DroneSense; (iii) using the Platform in a manner that does not infringe the Intellectual Property, privacy or other rights of third parties; (iv) ensuring that Customer and its Users do not upload or transmit Malicious Code via the Service; or (v) ensuring the Platform is not used for any illegal, unauthorized, or other improper purposes. No User shall share their username or password with other individuals within or outside of Customer's organization without DroneSense's written approval.

5. INTELLECTUAL PROPERTY

5.1. Reservation of Rights. The Services are licensed, not sold, and all intellectual property rights in and to the Platform

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and all Platform Elements shall remain the sole and exclusive property of DroneSense and/or its licensors. Except as expressly
stated in this Agreement, DroneSense does not grant Customer any rights to DroneSense’s intellectual property. For the
avoidance of doubt, DroneSense shall own all Reports Templates.

5.2. Feedback. If Customer or any of its Users submits to DroneSense comments, suggestions, or other feedback
regarding the Platform or any Platform Element ("Feedback”), Customer agrees that DroneSense will be free to use such
Feedback for product improvement without accounting or obligation.

5.3. Rights in Customer Data. As between DroneSense and Customer, Customer shall own all right, title, and interest in
and to any data that is collected by DroneSense from Customer and its Users, and in connection with their use of the Platform
(“Customer Data”). Customer hereby grants and agrees to grant to DroneSense a non- exclusive, transferable, sublicensable,
royalty free, fully paid-up license to use such Customer Data in order to exercise its rights and perform its obligations stated
herein and as necessary to monitor and improve the Platform. DroneSense shall have the right to use Anonymized Data to
collect, develop, create, extract, or otherwise generate statistics and other information and to otherwise compile, synthesize and
analyze Anonymized Data. DroneSense shall be the sole and exclusive owner of the Anonymized Data. Customer shall have
sole responsibility to back up Customer Data in its possession, and Customer agrees and acknowledges that post termination or
expiration of this Agreement it may not have access to the Customer Data.

5.4. Privacy Policy. In addition to these Terms, the DroneSense Privacy Policy at https://www.dronesense.com/privacy-policy (“Privacy Policy”) applies to how DroneSense may process information provided as part of the Services. Customer acknowledges and agrees that by accessing or using the Services, DroneSense may receive certain information about

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Customer and its Users, including personal data, as set forth in the Privacy Policy, and DroneSense may collect, use, disclose,
store, share, and process such personal data in accordance with such Privacy Policy.

6. PAYMENT TERMS

6.1. Fees. Applicable fees and pricing for the Subscription are set forth on the Order (“Fees”). Subscription renewal pricing
is specified in Section 11.2 and 11.3 .

6.2. Payment Terms. If nothing in the Order is stated to the contrary, or no such pricing terms are provided, all Fees shall
be due and payable by Customer within thirty (30) days after the date of invoice.

Customer hereby agrees to pay DroneSense
all Fees by issuing a check to DroneSense or using a credit card or other electronic payment method on file with Customer's
account. The Services may include or provide access to various payment processors (each, a “Payment Processor”, e.g.,
Stripe or PayPal). Customer hereby (i) acknowledges and agrees that DroneSense may use any such Payment Processor in
connection with its collection of Fees, (ii) acknowledges and agrees that DroneSense will not be responsible for any payments
or charges as a result of Customer’s failure to provide up-to-date and accurate information to any such Payment Processor, (iii)
authorizes DroneSense and its Payment Processors to charge all Fees to Customer’s chosen payment method, and (iv) agrees
to abide by such Payment Processor’s then-current terms of use and to pay any associated processing fees. All Fees are non-
refundable and are payable in U.S. dollars. Any Fees remaining unpaid for more than fifteen (15) days past their due date shall
accrue interest at a rate of one and one-half (1.5%) percent per month or the highest rate allowed by law, whichever is lower.

DroneSense may also (at its discretion and in addition to other remedies it may have) suspend or revoke the Services, and

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Customer's and its Users' access to the Platform if any invoice remains unpaid for more than fifteen (15) days.

6.3. Taxes. The Fees set forth on the Order do not include local, state or federal sales, use, value-added, excise or
personal property or other similar taxes or duties, and any such taxes shall be assumed and paid by the Customer except those
taxes based on the net income of DroneSense. DroneSense shall have no liability for any taxes owed by Customer or its Users
as a result of the Customer's use of the Platform. If Customer is a tax-exempt, or equivalent, entity, Customer shall provide a
copy of the tax-exemption certificate to DroneSense upon execution of Order.

7. WARRANTIES AND DISCLAIMER

7.1. Mutual Warranties. Each party represents that: (i) it is a public entity or a corporation that is duly organized, validly existing, and in good standing in the jurisdiction in which it is incorporated; (ii) that it has the requisite power and authority to execute and deliver this Agreement and to carry out the transactions contemplated by this Agreement and that it will do so in accordance with the terms set forth herein; and (iii) acknowledges that this Agreement is subject to applicable law. Each party represents and warrants that it has no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude it from complying with the provisions hereof.

7.2. Disclaimer. THE FOREGOING CONSTITUTES DRONESENSE'S ONLY

WARRANTIES CONCERNING THIS AGREEMENT AND THE PLATFORM, AND THE

FOREGOING IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND

REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED

WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,

INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT OR OTHERWISE. CUSTOMER SHALL NOT

AND HAS NO AUTHORITY TO MAKE ANY WARRANTY ON BEHALF OF
DRONESENSE TO ANY USER CONCERNING THE SERVICE.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS.

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8. CONFIDENTIALITY

8.1. Definition. "Confidential Information" means any proprietary information, Customer information, product plans,
inventions, technical data, trade secrets, know-how, or other business information, in each case disclosed by a disclosing party
hereunder that is either (i) indicated to be confidential or proprietary or (ii) of which a reasonable person would assume to be
confidential given the circumstances surrounding disclosure. Except as otherwise provided for herein, DroneSense’s
Confidential Information includes, without limitation, the Platform, each Platform Element, the Services, any DroneSense software, and the terms and conditions of this Agreement. Customer’s Confidential Information includes, without limitation, the Customer Data.

8.2. Exclusions. Notwithstanding Subsection 8.1 , Confidential Information shall not include information which: (a) is now available or becomes available to the public without breach of this Agreement by the receiving party; (b) is lawfully obtained by the receiving party from a third party without a duty of confidentiality; (c) is known to the receiving party prior to such disclosure as evidenced by documents in the receiving party’s possession immediately prior to the time of disclosure; or (d) is, at any time, developed by the receiving party independent of and without reference to any of the receiving party’s Confidential Information.

8.3. Non-Use and Non-Disclosure. The receiving party shall not disclose the disclosing party’s Confidential Information to any third party (other than as set forth herein) and may only use the disclosing party's Confidential Information (i) for the intended business purpose related to this Agreement or (ii) as expressly set forth herein. Both parties shall protect Confidential Information from disclosure and misuse by using the same degree of care as for their own confidential information of like importance but in no event less than a standard of reasonable care. It is understood that Confidential Information shall remain the sole property of the disclosing party unless otherwise expressly set forth herein.

8.4. Disclosure Required by Law. Notwithstanding Subsection 8.3 above, a receiving party may disclose the other party's
Confidential Information if the information is required by law to be disclosed in response to a valid order of a court of competent

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jurisdiction or authorized government agency, provided that the receiving party must (i) give the disclosing party prompt written
notice and obtain or allow for a reasonable effort by the disclosing party to obtain a protective order prior to disclosure and (ii)
limit such disclosure to the greatest extent possible.

9. LIMITATION OF LIABILITY AND REMEDIES

9.1. NO LIABILITY FOR THIRD PARTIES. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, DRONESENSE SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO THIRD-PARTY PRODUCTS OR SERVICES.,

INCLUDING THE THIRD PARTY OFFERINGS CUSTOMER'S SOLE REMEDIES WITH

RESPECT THERETO SHALL BE BETWEEN CUSTOMER AND THE APPLICABLE THIRD-PARTY.

9.2. DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW AND EXCEPT FOR LIABILITIES RESULTING FROM A BREACH OF SECTION 4 (“CUSTOMER ACKNOWLEDGEMENTS AND RESPONSIBILITIES”) OR SECTION 8 ("CONFIDENTIALITY”), A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10 , OR A PARTY’S GROSS NEGLIGENCE OR

WILLFUL MISCONDUCT IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY

CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE

DAMAGES, LOSSES OR EXPENSES (INCLUDING BUT NOT LIMITED TO

BUSINESS INTERRUPTION, LOST BUSINESS, LOST PROFITS, OR

LOST SAVINGS) EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

9.3. MAXIMUM LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, EXCEPT FOR LIABILITIES RESULTING FROM A BREACH OF SECTIONS 4 (“CUSTOMER ACKNOWLEDGEMENTS AND RESPONSIBILITIES”), 6 ("PAYMENT TERM”), AND 8 (“CONFIDENTIALITY”), A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10 , OR A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY’S LIABILITY

HEREUNDER (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY

IN TORT OR BY STATUTE OR OTHERWISE) EXCEED, IN THE AGGREGATE, THE FEES RECEIVED BY DRONESENSE HEREUNDER. IN NO EVENT SHALL DRONESENSE BE LIABLE FOR ANY DAMAGES CAUSED BY CUSTOMER’S

OPERATION OR

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MAINTENANCE, OR LACK THEREOF, OF ANY DRONES OR CUSTOMER HARDWARE.

9.4. Allocation of Risk. The allocations of liability in this Section represent the agreed and bargained-for understanding of the parties and voluntary allocation between them of the risk associated with Customer’s use of the Platform and, but for this provision, neither party would have entered into the Agreement. DroneSense’s compensation reflects such allocations, and the limitations and exclusions will apply notwithstanding the failure of essential purpose of any limited remedy contained herein.

10. INDEMNIFICATION

10.1. By DroneSense. DroneSense shall defend Customer from and against any claim, demand, investigation, or action in
any form brought by a third party (“Claim”) against Customer, and indemnify and hold Customer harmless from any damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ and experts' fees, in each case that are finally awarded to the third party by a court of competent jurisdiction or otherwise owed in any settlement, (“Loss”) in each case to the extent arising from or related to any allegation that any Platform Element infringes, misappropriates, or otherwise violates any U.S. patent, copyright, or trade secret. Notwithstanding the foregoing, DroneSense will have no liability for any infringement claim of any kind if the claim results from: (a) modifications made other than by DroneSense; (b) unauthorized or unlicensed use; (c) any Third Party Offerings; (d) the combination, operation or use of any Platform Element with equipment, devices or software not supplied by DroneSense, to the extent such a claim would have been avoided if the Platform Element was not used in such combination; (e) use of information, materials, Content, Customer Data, or marks provided to DroneSense; or (f) or compliance by DroneSense with designs, plans or specifications furnished by or on behalf of Customer.

10.2. By Customer. To the maximum extent permitted by applicable law, Customer shall defend DroneSense from and
against any Claim against DroneSense, and indemnify and hold DroneSense harmless from any Loss in each case to the extent arising from or related to: (a) unauthorized, negligent or illegal use of the Services, or any Customer Hardware; (b) any Customer Data provided by Customer or a User, or (c) personal injury, property damage or loss of life caused by Customer Hardware.

10.3. Rights Upon Infringement. If Customer's use of the Platform is, or in DroneSense’s opinion is likely to be, enjoined

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due to the type of infringement specified in Subsection 10.1 above, DroneSense may, at its sole option and expense: (a)
procure for Customer the right to continue using the same under the terms of this Agreement; (b) replace or modify the same so that it is non-infringing; or (c) if options (a) and (b) above cannot be accomplished despite DroneSense's commercially reasonable efforts, then DroneSense may terminate Customer’s rights and DroneSense’s obligations hereunder and refund a pro-rata portion of any pre-paid Fees paid therefore, based upon Customer's use to date.

10.4. Conditions Precedent. The indemnifying party will have no obligation under this Section as to any claim, suit, or
proceeding unless: (a) the indemnified party promptly notifies the indemnifying party in writing of such claim, suit, or proceeding; (b) the indemnifying party has sole control of its defense and settlement; and (c) the indemnified party, upon request of the indemnifying party, cooperates in all reasonable respects, at the indemnifying party’s cost and expense, with the indemnifying party and such attorneys in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom.

10.5. Sole Remedy. The provisions of this Section set forth DroneSense's sole and exclusive obligations, and Customer’s sole and exclusive remedies, with respect to infringement of any Intellectual Property rights of any kind.

11. SUBSCRIPTIONS, TERM AND TERMINATION

11.1. Term. This Agreement will commence on the Effective Date and, unless terminated as set forth herein, will continue for so long as a Subscription is still in effect hereunder, including any renewal terms.

11.2. Single Year Subscriptions.
(a) A Single Year Subscription will be for the one-year initial term, and pricing will be at the rate specified in the Order. Single Year Subscriptions and any Additional Subscriptions shall automatically renew for successive one-year periods at DroneSense’s then current pricing unless a party notifies the other of its intention not to renew at least thirty (30) days prior to the end of the initial term of a Subscription or thirty (30) days prior to the end of the renewal term. The initial term and all renewal terms shall be the “Term” of the applicable Single Year Subscription. (b) At any time during a Single Year Subscription, Customer may order additional drones to be added at the then current DroneSense price (an “Additional Subscription”).

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The prices for Additional Subscriptions will be the then-current subscription price applicable to Customer and pro-rated for time remaining in the current Subscription Period. For Additional Subscriptions (a) Customer will be able to use DroneSense software for 15 days, (b) after 15 days Customer will need to either archive the new drone(s) or be invoiced for the Additional Subscriptions, (c) the term will be coterminous with the Single Year Subscription, (d) are payable net 30 after invoice, and (d) are subject to auto renewal the same as set forth above for Single Year Subscriptions.

11.3. Multi-Year Subscriptions.
(a) If Customer enters into a Subscription for a period of two or more years (a “Multi- Year Subscription”), the license pricing will be as set forth in the Order (Contract Price) and will not increase during the Term of the Subscription unless stated otherwise in the applicable Order. Renewals of a Multi-Year Subscription may be at the original Contract Price or at DroneSense’s then current pricing, as determined in DroneSense’s sole discretion. Payment for each year during the Term will be due annually on each anniversary of the Effective Date. For Multi- Year Subscriptions, the Subscription shall automatically renew for successive one (1) year periods (regardless of the duration of the initial duration of the Multi-Year Subscription) unless one party notifies the other of its intention not to renew at least thirty (30) days prior to the end of the applicable period. The initial term and all renewal terms
shall be the “Term” of the applicable Multi-Year Subscription. (b) At any time during a Multi-Year Subscription, Customer may order Additional Subscriptions. The prices for the Additional Subscriptions will be the then-current subscription price applicable to Customer and pro-rated for time remaining in the current Multi-Year Subscription period. For Additional Subscriptions (a) Customer will be able to use DroneSense software for 15 days, (b) after 15 days, the Customer will need to archive the new drone(s) or DroneSense will invoice customer for the Additional Subscription, (c) the term will run coterminous with the Multi-Year Subscription, (d) the invoice is payable at Customer’s option either net 30 of invoice date, or in arrears at the end of the current term, and (d) are subject to auto renewal the same as set forth above for Multi-Year Subscriptions. Customer will notify DroneSense of its payment choice within ten (10) days of invoice.

11.4. Termination. In the event (a) that a party is in material breach of the terms of this Agreement applicable to a given Subscription and (i) does not cure such breach within

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thirty (30) days following notice thereof or (ii) such breach is not curable or (b) an emergency event necessitating termination or suspension by DroneSense, then the other party may immediately suspend performance (including delivery and/or access to the applicable Platform Element, in the case of DroneSense) or terminate the applicable Subscription by sending written notice to the breaching party. Unless otherwise expressly specified as applying only to a given Subscription, Customer’s obligations under this Agreement shall apply to any and all Subscriptions issued hereunder, and an uncured breach thereof shall entitle DroneSense to terminate any and all other Subscriptions and/or this Agreement. Subject to Section 5.3 of this Agreement, upon termination, Customer must retrieve its Customer Data in the allotted time period communicated by DroneSense, after which DroneSense will destroy the Customer Data, except for Anonymized Data. DroneSense must promptly return any and all Customer Data collected, maintained, created or used in the course of the performance of this Agreement, in whatever form it is maintained, at the request of the Customer, except for Anonymized Data.

11.5. Effect of Expiration or Termination. Sections 6 (with respect to amounts accrued or payable prior to termination),
and 4.3 , 4.4 , 5 , 6 , and 7 - 12 shall survive any expiration or termination of this Agreement. All other rights and obligations shall
cease and be of no further force or effect.

12. GENERAL

12.1. Entire Agreement. This Agreement, including the Orders and any schedules and/or attachments referenced herein or issued hereunder, constitute the entire agreement of the parties with respect to the subject matter contemplated herein, and supersede any prior representations, agreements, negotiations, or understandings between them, whether written or oral, with respect to the subject matter hereof. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorized representatives of the parties hereto, or unless and except to the extent Customer accepts a subsequent click-to- accept agreement delivered by DroneSense via the Platform.

12.2. Governing Law, Jurisdiction, and Venue. The Agreement will be governed by the laws of the State of Texas. The parties expressly agree to exclude the application of the U.N. Convention on Contracts for the International Sale of Goods (1980) to this Agreement and the performance of the parties contemplated herein, to the extent that such convention might otherwise be applicable. Unless otherwise required by law, the parties hereby agree that any action or legal proceeding shall be brought only in a court

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of competent jurisdiction in Travis County, Texas. Each Party hereby submits to the personal jurisdiction and venue of such courts and waives any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such claim.

12.3. Relationship of Parties. The parties are independent contractors, and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

DroneSense reserves the right to utilize subcontractors.

12.4. Attorneys’ Fees. In any court action at law or equity which is brought by one of the parties to enforce or interpret the provisions of this Agreement and to the maximum extent permitted by applicable law, the prevailing party will be entitled to reasonable attorneys’ fees, in addition to any other relief to which that party may be entitled.

12.5. Equitable Relief. The parties agree that a material breach of this Agreement or restrictions set forth herein may cause irreparable injury to DroneSense for which monetary damages alone would not be an adequate remedy, and therefore DroneSense, to the maximum extent permitted by applicable law, shall be entitled to equitable relief in addition to any other remedies it may have hereunder or at law, including a temporary and permanent injunction, without the requirement of posting bond or proving actual damages.

12.6. Force Majeure. Except for payments by Customer that are not prohibited by applicable law, neither party shall be deemed to have breached any provision of this Agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, terrorism, energy crises, pandemics, fires, transportation contingencies, interruptions in third-party telecommunications or Internet equipment or service, other accidents or catastrophes, or any other occurrences which are beyond such party’s control.

12.7. Government Use. The use, duplication, reproduction, release, modification, disclosure, or transfer of the Platform, no matter how received by the United States Government, is restricted in accordance with the terms and conditions contained herein.

All other use is prohibited. Further, the Platform was developed at DroneSense’s private expense and is commercial in nature. By using or receiving the Platform, any Government user agrees to the terms and conditions contained in this Agreement including the terms and conditions contained in this paragraph.

12.8. Assignment. Neither party may assign this Agreement, in whole or in part, without the other party's prior written consent, provided that no consent is required in connection with a merger, reorganization, consolidation, amalgamation, sale of assets,

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change of control, or similar transaction. Any purported assignment in violation of this Section shall be null and void. The Agreement shall be binding on all permitted successors and assigns.

12.8. Severability. The invalidity or unenforceability of any provision hereof, or any terms thereof, shall not affect the validity of this Agreement as a whole, which will at all times remain in full force and effect.

12.9. Waiver. The failure of either party to enforce at any time the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of either party to enforce each and every such provision thereafter. The express waiver by either party of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

12.10. Order of Preference. If there is a conflict between the terms and conditions of this Agreement and any contracts incorporated by reference, the terms and conditions set forth in these Terms shall take precedence.

12.11. Notices. All notices required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by courier or overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All communications will be sent to the addresses set forth below or in the Order or to such other address as may be specified by either party to the other in accordance with this Section.

Revised March 15, 2024

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 25, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Hae Won Ritchie, P.E., City Engineer / Deputy Director of Public Works Calvin Iwan, Assistant Engineer
SUBJECT: Consider Adoption of a Resolution:
• Accepting the Recreation and Aquatics Center Project as Complete at a total cost of $62,386,222, including project contingencies of $6,985,912, and work performed in conjunction with the RAC Project; • Authorizing the City Manager to Execute Agreement Amendment for Project Close Out Services Rendered Consor PMCM, Inc. in Amount Not to Exceed $225,000 and Within Approved Project Budget; • Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and
• Authorizing the Release of the Construction Contract Retention in the Amount of $2,500,845.57
BACKGROUND:

In 2015, the San Bruno Community Foundation (SBCF) initiated a comprehensive Community Listening Campaign to gather input on utilizing restitution funds received after the 2010 PG&E gas pipeline explosion in San Bruno's Crestmoor neighborhood. This effort led to a 2016 facilitated community discussion, where replacing the Veterans Memorial Recreation Center and Swimming Pool emerged as the highest priority.

In response, the City of San Bruno developed the Recreation and Aquatics Center (RAC) Project, located in San Bruno City Park. The project occurred in three stages:
• Conceptual design development, led by Group 4 Architecture, Research and Planning, Inc., which included exploring program alternatives, site analysis, building design options, budget considerations, and operating strategies. Extensive community engagement was conducted, with over 1,700 participants providing feedback on various aspects of the project. A Recreation and Aquatic Center Advisory Committee was formed, comprising Councilmembers, SBCF Board members, the San Bruno Park and Recreation Commission, and City staff to guide the project. • Schematic designs and construction documents preparation, also led by Group 4 Architecture Research and Planning, Inc. This work included schematic design development, design reviews, construction documents/plan checks, bid document preparation, bidding and award support, and construction support. Additional 139 of 150
Item 6i.

Honorable Mayor and Members of the City Council
February 25, 2025

Page 2 of 3 ends

San Bruno City CouncilFebruary 25, 2025

San Bruno City Council
February 25, 2025