7KH&LW\:LWKD+HDUW
5LFR(0HGLQD0D\RU
0DUW\0HGLQD9LFH0D\RU
6DQG\$OYDUH]&RXQFLOPHPEHU'LVWULFW
7RP+DPLOWRQ&RXQFLOPHPEHU'LVWULFW
0LFKDHO6DOD]DU&RXQFLOPHPEHU'LVWULFW
$*(1'$ 6$1%5812&,7<&281&,/5(*8/$50((7,1*
Agenda Amended on 06/09/2025 to revise Item 5a. and 6g. -XQH
30
,13(5621
0((7,1*/2&$7,21
6DQ%UXQR5HFUHDWLRQDQG$TXDWLF&HQWHU&RPPXQLW\5RRP &LW\3DUN:D\
6DQ%UXQR&$
3OHDVHWXUQRIIDOOHOHFWURQLFGHYLFHVEHIRUHWKHVWDUWRIWKH PHHWLQJWRSUHYHQWGLVUXSWLRQV
=RRP/LQN
KWWSV
VDQEUXQRFDJRY]RRPXVM
"
SZG I63;<:E(1;P(
9%05'-'HOYKR$
3KRQH/LQH
:HELQDU,'
:HELQDU3DVVZRUG
%URDGFDVWRIWKHPHHWLQJLV RIIHUHGYLD=RRPDVD
FRXUWHV\WRWKHSXEOLF
1RSXEOLFFRPPHQWDFFHSWHGYLD=RRP
38%/,&&200(17
,QSHUVRQDWWHQGHHVZKRZDQWWRSURYLGHSXEOLFFRPPHQWZLOOEHDVNHGWRILOORXWDVSHDNHUFDUGDQGWXUQLWLQWR WKH&LW\&OHUN3XEOLFFRPPHQWPD\DOVREHHPDLOHGWR &LW\&OHUN#VDQEUXQRFDJRY &RPPHQWVUHFHLYHGYLDHPDLOZLOOQRWEHUHDG DORXGGXULQJWKHPHHWLQJ
$&&(66,%,/,7<
,QFRPSOLDQFHZLWKWKH$PHULFDQVZLWK'LVDELOLWLHV$FWLQGLYLGXDOVUHTXLULQJVSHFLDODFFRPPRGDWLRQVRU PRGLILFDWLRQVWRSDUWLFLSDWHLQWKLVPHHWLQJVKRXOGFRQWDFWWKH&LW\&OHUN¶V2IILFHKRXUVSULRUWRWKHPHHWLQJDW
RU
&LW\&OHUN#VDQEUXQRFDJRY
$Q\GLVFORVDEOHSXEOLFZULWLQJVUHODWHGWRDQRSHQVHVVLRQLWHPRQDUHJXODUPHHWLQJDJHQGDDQGGLVWULEXWHGE\WKH&LW\WRDW OHDVWD PDMRULW\RIWKH&LW\&RXQFLOOHVVWKDQKRXUVSULRUWRWKDWPHHWLQJDUHDYDLODEOHIRUSXEOLFLQVSHFWLRQDWWKH&LW\&OHUN V 2IILFHDW&LW\
+DOOORFDWHGDW(O&DPLQR5HDO6DQ%UXQR&DOLIRUQLDGXULQJQRUPDOEXVLQHVVKRXUV,QDGGLWLRQWKH&LW\PD\DOVRSRVWVX FK GRFXPHQWVRQWKH&LW\¶V:HEVLWHDW VDQEUXQRFDJRY$JHQGD&HQWHU &$//7225'(5
52//&$//
3/('*(2)$//(*,$1&(
38%/,&&200(176)25,7(06127217+($*(1'$
,QGLYLGXDOVDOORZHGXSWRWKUHHPLQXWHVVXEMHFWWRWKH0D\RU¶VGLVFUHWLRQEDVHGRQWKHDQWLFLSDWHGOHQJWKLQWKH PHHWLQJ,WLVWKH&RXQFLO¶VSROLF\WRUHIHUPDWWHUVUDLVHGLQWKLVIRUXPWRVWDIIIRULQYHVWLJDWLRQDQGRUDFWLRQZKHUH DSSURSULDWH7KH%URZQ$FWSURKLELWVWKH&RXQFLOIURPGLVFXVVLQJRUDFWLQJXSRQDQ\PDWWHUQRWDJHQGL]HGSXUVXDQW WR6WDWH/DZ
$11281&(0(17635(6(17$7,216
7KHUHLVDVLQJOHSXEOLFFRPPHQWSHULRGIRUDOOLWHPVLQWKLVVHFWLRQ D 3URFODPDWLRQ5HFRJQL]LQJ-XQH151DV1DWLRQDO0RVTXLWR&RQWURO$ZDUHQHVV:HHN E 3URFODPDWLRQ5HFRJQL]LQJ-XQHDV$PDWHXU5DGLR:HHN 1 of 229
&216(17&$/(1'$5
$OOLWHPVDUHFRQVLGHUHGURXWLQHRULPSOHPHQWDQHDUOLHU&RXQFLODFWLRQDQGPD\EHHQDFWHGE\RQHPRWLRQ WKHUHZLOO
EHQRVHSDUDWHGLVFXVVLRQXQOHVVUHTXHVWHG7KHUHZLOOEHDVLQJOHSXEOLFFRPPHQWSHULRGIRUDOOLWHPVLQWKLV VHFWLRQXQOHVVD&RXQFLOPHPEHUUHTXHVWVWRSXOODQLWHPIRUDVHSDUDWHYRWH D $SSURYHWKH'UDIW6SHFLDO0HHWLQJ0LQXWHVIRU0D\ E $SSURYH$FFRXQWV3D\DEOHIRU0D\
0D\DQG-XQH
F $FFHSW3D\UROOIRU0D\
DQG0D\
G $SSURYH5HFRQFLOLDWLRQRI*HQHUDO/HGJHUWR%DQN5HSRUW'DWHG)HEUXDU\ H &RQVLGHU$GRSWLRQRIDQ2UGLQDQFH(QWLWOHG³$Q2UGLQDQFHRIWKH&LW\&RXQFLORIWKH&LW\RI 6DQ%UXQR$PHQGLQJ7LWOH
9HKLFOHV$QG7UDIILF
RIWKH0XQLFLSDO&RGHWR)RUPD&RPSOHWH
6WUHHWV&RPPLWWHH´DQG)LQGLQJ6XFK$FWLRQ([HPSWIURPWKH&DOLIRUQLD(QYLURQPHQWDO 4XDOLW\$FW
I &RQVLGHU$GRSWLRQRID5HVROXWLRQ*UDQWLQJ)LUHZRUNV6WDQG3HUPLWVIRU J &RQVLGHU$GRSWLRQRID5HVROXWLRQ$SSURYLQJWKH)LQDO0DS$XWKRUL]LQJ7ROO:HVW&RDVW//& WR&RQVWUXFW3XEOLF3DUNLQJRQWKH(DVW6LGHRI&RXUWODQG'ULYHWR6HUYHWKH)XWXUH6SRUWV )LHOGV$SSURYLQJD&UHGLWLQWKH$PRXQWRI
$JDLQVW3DUN,PSDFW)HHV2WKHUZLVHWR
EH3DLGE\7ROO:HVW&RDVW//&$XWKRUL]LQJWKH&LW\0DQDJHUWR([HFXWHDQ,PSURYHPHQW $JUHHPHQWDQG$IIRUGDEOH+RXVLQJ$JUHHPHQWIRUWKH&UHVWPRRU3URMHFWDW3LHGPRQW $YHQXH
K &RQVLGHU$GRSWLRQRID5HVROXWLRQ$GRSWLQJD/LVWRI3URMHFWVIRU)LVFDO<HDU)XQGHG E\6%
7KH5RDG5HSDLUDQG$FFRXQWDELOLW\$FWRI
L &RQVLGHU$GRSWLRQRID5HVROXWLRQ&RPPLWWLQJWR7DNH6WHSV7RZDUG$FKLHYLQJ&RPSOLDQFHZLWK 7KH0HWURSROLWDQ7UDQVSRUWDWLRQ&RPPLVVLRQ¶V
07&
V
7UDQVLW2ULHQWHG&RPPXQLWLHV
72&
3ROLF\DVD&RQGLWLRQIRU07&WR$OORFDWH5HJLRQDO'LVFUHWLRQDU\)XQGLQJWRWKH6SHFLILF3ODQ DQG=RQLQJ&RGH$PHQGPHQWV3DUNLQJ0DQDJHPHQWDQG+RXVLQJ3ROLF\'HYHORSPHQW 3URMHFWV
M
&RQVLGHU$GRSWLRQRID5HVROXWLRQ$XWKRUL]LQJWKH&LW\0DQDJHUWR([HFXWHD &RQWUDFWZLWK&&,&DWHULQJGED&UHHNVLGH*ULOOIRUWKH3URYLVLRQRI&DWHULQJ6HUYLFHV IRUWKH6DQ%UXQR6HQLRU&HQWHU&RQJUHJDWH1XWULWLRQ/XQFK3URJUDPIRUDQ$PRXQW 1RWWR([FHHGIRU)LVFDO<HDU
N &RQVLGHU$GRSWLRQRID5HVROXWLRQ$XWKRUL]LQJWKH&LW\0DQDJHUWR([HFXWHD&RQWUDFWZLWK 0DJQHW)RUHQVLFVIRUWKH8VHRILWV'LJLWDO)RUHQVLFV3URGXFW6XLWH O &RQVLGHU$GRSWLRQRID5HVROXWLRQ$XWKRUL]LQJWKH&LW\0DQDJHUWR([HFXWHD&RQWUDFWZLWK &HOOHEULWHIRUWKH8VHRI,WV'LJLWDO)RUHQVLFV3URGXFW6XLWH P &RQVLGHU$GRSWLRQRIWKH2UGLQDQFH(QWLWOHG³$Q2UGLQDQFHRIWKH&LW\&RXQFLORIWKH&LW\RI 6DQ%UXQR'HVLJQDWLQJ)LUH+D]DUG6HYHULW\=RQHVDQG)LQGLQJWKH$FWLRQ([HPSWIURPWKH &DOLIRUQLD(QYLURQPHQWDO4XDOLW\$FW´
Q &RQVLGHU$GRSWLRQRIDQ2UGLQDQFH(QWLWOHG³$Q2UGLQDQFHRIWKH&LW\&RXQFLORIWKH&LW\RI 6DQ%UXQR$PHQGLQJ7LWOH
9HKLFOHV$QG7UDIILF
%\5HSODFLQJWKH3ROLFH&KLHIZLWKWKH&LW\
0DQDJHUIRU0DQDJHPHQWRIWKH'RZQWRZQ3DLG3DUNLQJ3URJUDP´ 2 of 229
38%/,&+($5,1*
6 3XEOLFFRPPHQWZLOOEHUHTXHVWHGDIWHUHDFKWRSLFLQWKLVVHFWL RQ D +ROG3XEOLF+HDULQJDQG&RQVLGHU$GRSWLRQRID5HVROXWLRQ$SSURYLQJDQ,QFUHDVHWR5DWHVIRU 6ROLG:DVWH&ROOHFWLRQ6HUYLFHV3URYLGHGE\5HFRORJ\6DQ%UXQR(IIHFWLYH-XO\ E +ROG3XEOLF+HDULQJLQ$FFRUGDQFHZLWK$VVHPEO\%LOO*RYHUQPHQW&RGH6HFWLRQ 5HJDUGLQJWKH6WDWXVRI9DFDQFLHV5HFUXLWPHQWDQG5HWHQWLRQ(IIRUWV F +ROG3XEOLF+HDULQJDQG&RQVLGHU$GRSWLRQRID5HVROXWLRQ$PHQGLQJWKH&LW\¶V0DVWHU)HH 6FKHGXOHWR,QFUHDVHRU(VWDEOLVK)HHVIRU3DUNVDQG5HFUHDWLRQ)DFLOLWLHVDQG6HUYLFHVDQG WR,QFUHDVH)HHVIRU7UHH0DLQWHQDQFH3HUPLWV
&21'8&72)%86,1(66
3XEOLFFRPPHQWZLOOEHUHTXHVWHGDIWHUHDFKWRSLFLQWKLVVHFWL RQ D 5HFHLYHWKH&LW\0DQDJHU
V5HFRPPHQGHG%XGJHWIRU)LVFDO<HDUDQG3URYLGH 'LUHFWLRQIRU3UHSDUDWLRQRIWKH&LW\&RXQFLO$GRSWHG%XGJHW:KLFKLV6FKHGXOHGIRU)LQDO $SSURYDORQ-XQH
E 5HFHLYH5HSRUWRQWKH)LVFDO<HDU6DQ%UXQR&RPPXQLW\)RXQGDWLRQ2SHUDWLQJ %XGJHW
&281&,/&200,77((5(3257287
&200(176)520&281&,/0(0%(56
3XEOLFFRPPHQWZLOOEHUHTXHVWHGDIWHUHDFKWRSLFLQWKLVVHFWL RQ D &RXQFLOPHPEHU$OYDUH]
'LVFXVVUHDJHQGL]LQJWKHUHFRQVLGHUDWLRQRIWKH$GRSWLRQRID5HVROXWLRQ$PHQGLQJ5DWHVDQG 5HJXODWLRQVIRU3DLG3DUNLQJRQ&LW\2ZQHGRU&RQWUROOHG2QDQG2II6WUHHW3DUNLQJ)DFLOLWLHV RIWKHWZRLWHPVEHORZ
,QFOXGHDUDWHIRURIIVWUHHWSDUNLQJORWVSDFHVLIXVLQJFRLQVDQGLQFOXGHSDVV WKURXJKRIWUDQVDFWLRQIHHIRUFUHGLWFDUGSD\PHQW
5HPRYHSDLGSDUNLQJRQ(O&DPLQR5HDO
UHPRYHWKHDVVRFLDWHGNLRVNVNHHSWKH
KRXUSDUNLQJOLPLW
$'-28510(17±7KHQH[W5HJXODU&LW\&RXQFLO0HHWLQJZLOOEHKHOGRQ-XQHDW
SP
3267,1*
,GHFODUHDFRS\RIWKLVDJHQGDZDVSRVWHGDW&LW\+DO O(O&DPLQR5HDO6DQ%UXQR DPRQJRWKHUORFDWLRQVLQWKHFLW\OLPLWVRI6DQ%UXQRRQ-XQH E\ SP
3 of 229
1 "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
May 27, 2025
5:30 PM
1. CALL TO ORDER
The meeting was called to order at 5:30 pm.
2. ROLL CALL
Councilmembers Hamilton, Salazar, Vice Mayor M. Medina and Mayor R. Medina were all present. Councilmember Alvarez was on an excused absence.
3. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Alex D. McIntyre, City Manager Employee organizations: San Bruno Management Employees Association and Unrepresented Employees
No reportable action was taken.
b. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation
(paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: City of San Bruno and Walmart.com USA, LLC, v California Department of Tax and Fee Administration (San Mateo County Superior Court Case No. 23-CIV-05021)
No reportable action was taken.
4. ADJOURNMENT
The meeting adjourned at 6:54 pm to the next Regular City Council Meeting on May 27, 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 June 10, 2025.
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBௗௗௗௗௗௗௗௗ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBௗௗௗௗௗௗௗௗ /XSLWD+XHUWDௗௗௗௗௗௗௗௗ
&LW\&OHUNௗௗௗௗௗௗௗௗ
5LFR(0HGLQDௗௗௗௗௗௗௗௗ
0D\RUௗௗௗௗௗௗௗௗ
4 of 229
,WHPD
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
, Accounting & Customer Service Representative
SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on pages 1 to 3 inclusive for checks dated May 19, 2025, and/or claims numbered from 214724 through 214847 inclusive, totaling $1,342,163.69, 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 $108,213.42
133 Restricted Revenues $1,781.04
141 Community Development $500.00
142 Recreation & Aquatics Center (RAC) $5,768.05
201 Parks and Facilities Capital $6,028.71
203 Street Improvement Projects $24,648.00
207 Technology Capital $3,564.99
611 Water Fund $255,016.47
621 Stormwater Fund $2,783.01
631 Wastewater Fund $834,010.17
641 CityNet Services Fund $20,761.96
701 Central Garage $21,011.92
702 Facility Maintenance Fund $20,516.15
707 Technology Development $21,483.14
711 Self-Insurance $16,076.66
TOTAL FOR APPROVAL $1,342,163.69
Respectfully submitted,
_________________________
Chief Financial Officer Date
____________________ _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ __ Chiiii fffffffffffffffff FiFFiFFFFiF iiiii lO
5 of 229
,WHPE
!"
#
$%
%&'# (" ) (" !
#
! !
"#
$##%
&
! !
"'(")
""*
&
! !
#%
+#'&
! !
,'
"#%
&
! !
#'#
*"
&
! !
-
#"&
&
! !
.
! !
.
! !
.
*"
)
&
! !
.
*"
)
! !
*/#.
)"#*/
&
! !
*#
"0""
&
! !
*%
! !
*)#0
#''").#%
+)
&
! !
*#"$
&
! !
*##
! !
*0
#)"1#
&
! !
*#$#
! !
(#"*##+#
&
! !
("2(
! !
(#$"#,
! !
(#/3/
! !
#'#
4
&
! !
)1*#*
! !
*"
&
! !
"#
#1#+#
&
! !
#'#
! !
051*
! !
$"%,
! !
$"")
! !
$5$0#$#'
! !
**#'
%
! !
1
#/%'#+$'
! !
1#
"#
! !
1"0#"
#.%
&
! !
1")##+)&""
&
! !
+"!++"#+
! !
+%#
".-'
%
&
! !
+"*"
#/+
&
! !
+"$
#+)%("#%
&
! !
+
'0#
&
! !
+#+#
! !
+#
#/')
&
! !
+#
#1"%
&
! !
(#
(#"
&
! !
(%'#
)'#
! !
($''")&
&
! !
("
#
"
&
! !
+
#$&
&
! !
1#
'#1"&
! !
3#%
&
! !
3,
! !
'67
6 of 229
!"
#
$%
%&'# (" ) (" !
#
3#)0(
/#
! !
3*
#
&
&
! !
3'(
#
,
&
! !
3'(
""
&
! !
3
+#
$##
&
! !
3
+#
$##
&
! !
/#1$
("
('"
&
! !
/#
0
! !
"
#
.
! !
"0#+
&
! !
"
! !
"#""$'+
&
! !
"08
! !
""#)1
)$''")""
! !
#)*#$#
! !
'
&
! !
#%')&""
&
! !
("*"$""
! !
("/
! !
("'"
! !
##/
+""
! !
'"
-'
&
! !
"
"1#$
&
! !
#("
&
! !
#
(#
"#"
&
! !
8#"")
'#
! !
$'*"
&""
! !
(#$#)"+
! !
$#''")(#$0#
! !
'1+."
#
&
! !
'""#+)
&
! !
'#
#'
"#'#
&
! !
'#1##$""&
! !
#"+)*#
! !
)1#'#%
11#
! !
$'/#(#
()
&
! !
$#%+
! !
#(""
&
! !
(
+"
! !
8''#&
&
! !
##
1#$&
&
! !
1'1"#%
! !
(#'"
##'
&
! !
(0(
! !
+""''")
&
! !
(
# "'"+.$%"'
&
! !
0#
*"$#
&
! !
"
(
! !
! !
("+)&+#+.
#
&
&
! !
"
+#+
&
! !
"'
(#'#
&
! !
($5(""')
! !
(#
0#/"
$""
! !
'67
7 of 229
!"
#
$%
%&'# (" ) (" !
#
('
#4
! !
(("
! !
(#
#
! !
"&
&
! !
$#+#$#'*"0
#0#/&
&
! !
%#"*"$+#%
&
! !
*"*/
&
! !
0
#$
#&
&
! !
0%
&
! !
0
#*#
&
&
! !
0
$"
&
&
! !
0
)
&
&
! !
0
%"")
#
&
! !
0(
*##""'
&
! !
0")(
&
! !
)3)
! !
,#$
#&
! !
*+"
,
%*+ -
-.
/.
'67
8 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
, Accounting & Customer Service Representative
SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on pages 1 to 2 inclusive for checks dated May 27, 2025, and/or claims numbered from 214848 through 214932 inclusive, totaling $2,083,468.85, 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 $166,785.03
132 Agency On Aging $32,862.40
133 Restricted Revenues $918.45
137 Developer Project Contributions $36,035.75
141 Community Development $503.46
201 Parks and Facilities Capital $7,108.00
203 Street Improvement Projects $1,514,606.63
207 Technology Capital $11,400.00
302 Lease Debt Service $94,808.75
611 Water Fund $44,169.27
621 Stormwater Fund $807.67
631 Wastewater Fund $8,196.39
641 CityNet Services Fund $33,593.15
701 Central Garage $3,483.84
702 Facility Maintenance Fund $12,245.71
703 General Equipment Revolving $51,622.00
707 Technology Development $16,985.70
711 Self-Insurance $47,336.65
TOTAL FOR APPROVAL $2,083,468.85
Respectfully submitted,
_________________________
Chief Financial Officer Date
______________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ __ Chii fffffffffff FiFFF iii lO
9 of 229
!
"
#$
$%&" '! ( '!
"
! "#$#%##%%
!
!
!
$#&#'#
()*$+
!
*+$))+
! *+#,#$+(#'%#+ !!
! *#$&
!
!! *--$-.)$&-$$/
!
*##
!
! *&%#0$&%
! $-*"-))##
0"1"
2
!
$#0*#')#$#'#
!
! &#&)%#)#
!
!
##&*##"&#%$$
+-)#
&##&&#*$$#
!
,#/-*
! &#'$),0$#$##+
$$ !
#)
!! #
!
! -#&#.
-'%&#$($#
!
-$,##$#('
!
-$+###%+
$$
!
! -0#.*&
!
%%#
!
00)+
&.&$
3##$
1#01#
1#%#&##
$
(
!
! $)'#%/$+%0
!!
$&#%(#4)#
!
! $0&--($) $%#%##
! )$
!
! ).0%
!
)0#,*#&#(
!
!
)")
!
! )##'#)+
$$
!
!
!
0#$))#$
!
!
3#$$+
!
&*#$
$$
! !
!
#0&+$#%
!
!
&$+0&,#
!
-%(#$#
!
!
! "#%##%
!!
#+*,# !
! #$ !
!
4$$ !
!
#&,%*&-)#
!
567
10 of 229
!
"
#$
$%&" '! ( '!
"
%% !
! *#0$- !
. !
!
-#+##
! !
-#+/"$##+#)
! !
!
)#+$#" ! !
!
)#+))+$$#%#&
! !
)#+#)%#+ !
!
)#+-#0#-
*#$$ !
! !
)"#8#
#)#-&
!
!
! 0#&#
! !
#--$+
!
%(#
!
! 0#-*##))$$
!
!!
#'#*$'#% !
!
! ,#*$&# !
#$#))#%##%#
!
0#&)/0$$)+ !
!
1")$ !
'##& !
#0)$##'#
!
#&##+ !
!
!
!
*$#*" !
'++-* !
!
,#*
!
,#+#
!
,##$$#*" !
!
,#'$$#+
!!
!
! ,$#+0) !
!!
,&&( !
)
*!
+
,
$)
* -+.-/ +0+
567
11 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on pages 1 to 2 inclusive for checks dated June 2, 2025, and/or claims numbered from 214933 through 215013 inclusive, totaling $285,149.50, have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.
Fund Fund Name Amount
001 General Fund $81,373.55
122 Solid Waste/Recycle $8,405.12
131 In-Lieu Fees $3,166.64
137 Developer Project Contributions $13,958.25
141 Community Development $576.00
201 Parks and Facilities Capital $66,235.27
203 Street Improvement Projects $10,245.79
207 Technology Capital $4,200.00
611 Water Fund $10,455.23
621 Stormwater Fund $650.00
631 Wastewater Fund $4,712.89
641 CityNet Services Fund $52,819.79
701 Central Garage $3,575.90
702 Facility Maintenance Fund $11,455.49
707 Technology Development $1,918.92
711 Self-Insurance $11,400.66
TOTAL FOR APPROVAL $285,149.50
Respectfully submitted,
_________________________
Chief Financial Officer Date
12 of 229
!
"#
#$%! &
' &
!
!! "
! ##
$%&
%
" !
" ##
%'%( "
!" ##
%$%
$
") )! ##
" )! ##
)"
" !) ##
*+%
,$
*+ ") -! ##
) *,
%.$
%
/%% " - ! ##
*% *%
+
%%
$$/ "" -! ##
" *
% " ! ##
)
*$
%$$0 *1 % /
1 "
! ##
) *''
,$% .
" -! ##
"
*
! " !
##
*
1%*%
, "
")!
##
$$
%
% $
/%
2%1
%- ") -
!
##
/. " "! ##
)
2%' %
2.% " "! ##
) %''1 -! ") - ! ##
" ' *$%''1 "
"- !) ##
"""
/''-! "" -"!) ##
)
1% %
% " -
! ##
) 1,. '% " ! ##
")""
, .
%%&/%
$$ " ! ##
%&% 1
%12
, " - !
##
) 1%
%/
" -
!
##
%3 .* " ! ##
"))
%
& " -))! ##
13%
/! "
!" ##
1/ ,2$$
2
% % '% - $ ) ! ##
)"" %'
/$ , %' ! "" -"!) ##
" .$%%
+-$$ " ! ##
)
.$%
%$%
!!! " "-)!") ##
) .$,%
%%
,-$$ " -! ##
)) .&%$% -! " "-!) ##
,'/, "" -! ##
%
") !) ##
""
%'%
.$ ! ")
! ##
2%
. '%1, ") -! ##
. %
-! ") )-!
##
" 4%
%
% 1
% ") - ! ##
+ 2%'
+
") ! ##
$
"" ! ##
) $,&%2$% -! ")) -) ! ## " '
&2-! ")
-! ##
) '%%
" )! ##
'
% /%-$$ ")" )! ##
'
'1$
" !) ##
''%1'%$%'-! "
-)! ##
) '
%-.-$ '-! "
-) ! ##
) ,
")
! ##
+',4' "
!" ##
2$%
+1 -$/ "
"! ##
0
%$$,1/
"
!
##
/56
13 of 229
!
"#
#$%! &
' &
!
/*1 % $1 -$$ "
! ##
") 1
1//$,2
% "
- ! ##
%
%-! "
) -
! ##
/.
%$%
"
-"! ##
/...%1' "
"
"! ##
" /...%1'! ""
! ##
" /
%
/$
/
"" -! ##
)
%
*
.'%
- "" ! ##
"
*%
2$. "" -! ##
1
% -! "" -!
##
.%,%%
! "") - ! ##
") '%
$,41
$ ""
)! ##
*%$$ """
-) ! ##
%
'%.
-! !" ##
") 2
/%$%
/!
! ##
2'%%
+ ! )! ##
"" 2
%
, !) ##
'%
" !" ##
3'*$%
"!) ##
) %' %
$$ -)! ##
" %' %
$$
-))! ##
" 2%'$*%
+-$$ !)
##
"
%
* "" !" ##
) 13
+1$,%71/'%! !"
##
) 1 %
$*1$
%
% "
-)
!)
##
% - ! ##
")) %
*
-! -)!" ##
1
! ##
(
)
*
+#(
) *,-./
/56
14 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: John Mercado, Accountant
SUBJECT: Payroll Acceptance
City Council acceptance of the City payroll distributed May 9, 2025 is recommended.
The Labor Summary report reflecting the total payroll amount of $2,154,803.84 for bi- weekly pay period ending May 4, 2025, by funds are shown below:
Fund Amount
Fund: 001 - GENERAL FUND 1,524,059.78
Fund: 121 - FEDERAL/ STATE GRANTS 3,785.40
Fund: 122 - SOLID WASTE/RECYCLE 3,121.30
Fund: 132 - AGENCY ON AGING 11,934.15
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 4,168.91
Fund: 141 - COMMUNITY DEVELOPMENT 84,510.79
Fund: 142 - RECREATION AND AQUATICS CENTER 82,347.04
Fund: 201 - PARKS AND FACILITIES CAPITAL 1,007.64
Fund: 203 - STREET IMPROVE. PROJECTS 15,613.21
Fund: 611 - WATER FUND 119,260.79
Fund: 621 - STORMWATER FUND 27,778.44
Fund: 631 - WASTEWATER FUND 100,888.45
Fund: 641 - CITYNET SERVICES FUND 89,757.58
Fund: 701 - CENTRAL GARAGE 20,358.76
Fund: 702 - FACILITY MAINT.FUND 39,740.06
Fund: 707 - TECHNOLOGY DEVELOPMENT 21,430.55
Fund: 711 - SELF INSURANCE 5,040.99
Total: 2,154,803.84
________________________________________________ ____________ Nick Pegueros, Administrative Services Director / CFO Date _________________________________________________________________________________________________________________________ 15 of 229
,WHPF
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: John Mercado, Accountant
SUBJECT: Payroll Acceptance
City Council acceptance of the City payroll distributed May 23, 2025 is recommended.
The Labor Summary report reflecting the total payroll amount of $2,061,967.93 for bi- weekly pay period ending May 18, 2025, by funds are shown below:
Fund Amount
Fund: 001 - GENERAL FUND 1,434,186.25
Fund: 121 - FEDERAL/ STATE GRANTS 1,022.87
Fund: 122 - SOLID WASTE/RECYCLE 3,363.89
Fund: 132 - AGENCY ON AGING 6,721.34
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 5,394.73
Fund: 141 - COMMUNITY DEVELOPMENT 85,798.70
Fund: 142 - RECREATION AND AQUATICS CENTER 84,991.35
Fund: 201 - PARKS AND FACILITIES CAPITAL -418.37
Fund: 203 - STREET IMPROVE. PROJECTS 16,860.46
Fund: 611 - WATER FUND 127,886.03
Fund: 621 - STORMWATER FUND 28,036.92
Fund: 631 - WASTEWATER FUND 99,905.47
Fund: 641 - CITYNET SERVICES FUND 89,371.57
Fund: 701 - CENTRAL GARAGE 13,519.25
Fund: 702 - FACILITY MAINT.FUND 39,845.08
Fund: 707 - TECHNOLOGY DEVELOPMENT 20,430.50
Fund: 711 - SELF INSURANCE 5,051.89
Total: 2,061,967.93
________________________________________________ ____________ Nick Pegueros, Administrative Services Director / CFO Date ___________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________ _ 16 of 229
Cash Fund Total
19,376,114.60 19,438,198.73
12,703,482.37 12,703,482.37
15,523,329.39 15,523,329.39
10,892,935.71 10,892,935.71
4,073,129.94 4,073,129.94
0.00 0.00
0.00 0.00
1,074,923.89 1,074,923.89
755,243.75 755,243.75
4,465.09 4,465.09
1,420,557.40 1,420,557.40
485,765.35 485,765.35
321,099.36 321,099.36
(15,002.00) (15,002.00)
465,958.89 465,958.89
0.90 0.90
4,054,507.28 4,054,507.28
(255,675.19) (255,675.19)
2,627,017.40 2,627,017.40
1,008,226.88 1,008,226.88
949,324.61 949,324.61
10,568,024.60 10,568,024.60
0.00 0.00
3,090,538.47 3,090,538.47
(1,802,411.16) (1,802,411.16)
0.00 0.00
700,648.55 700,648.55
788,959.59 789,027.81
4,449,952.44 4,449,952.44
22,948.07 22,948.07
381,559.78 381,559.78
6,129,572.10 6,129,572.10
335,644.16 335,644.16
4,957,753.76 4,957,753.76
11,410,443.56 11,410,443.56
0.00 0.00
5,817,878.28 5,817,878.28
7,870,598.95 7,870,598.95
1,785,433.01 1,785,433.01
538,985.91 539,446.44
54,532,675.00 54,532,822.03
1,690,496.64 1,690,496.64
52,182,355.50 52,241,992.01
5,674,891.50 5,674,891.50
986,509.13 986,509.13
(231,745.91) (231,745.91)
162,171.02 162,171.02
1,988,665.79 1,988,665.79
574,358.63 574,358.63
498,926.81 590,045.31
0.00 0.00
250,571,239.80 250,784,754.72
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value Investment Portfolio Value 239,513,901.41
Cash on hand - Checking Account 14,849,178.83
Payroll and Accounts Payable Outstanding Checks (2,347,176.52) Deposits in Transit (1,444,663.92)
General Ledger Cash Balance as of February 28, 2025 250,571,239.80 Prepared By: ____________________________________________________ Reviewed By: ____________________________________________________ glCashInv.rpt Cash and Investments Report Page: 1
5/23/2025 3:41:54PM
City of San BrunoThrough period: 8 Through February 2025 Investments
001 GENERAL FUND 62,084.13
002 GENERAL FUND RESERVE 0.00
003 ONE-TIME REVENUE 0.00
004 CAP IMPROV/ONE-TIME INITIATIVE RSRV 0.00
005 MEASURE G DISTRICT SALES TAX 0.00
006 AMERICAN RESCUE PLAN ACT 0.00
009 PARKING FUND 0.00
101 GAS TAX 0.00
102 MEASURE A TRANSPORTATION TAX 0.00
103 STREET SPECIAL REVENUE 0.00
104 MEASURE W TRANSPORTATION TAX 0.00
111 POLICE ASSET FORFEITURE 0.00
113 POLICE SPECIAL REVENUE 0.00
121 FEDERAL/STATE GRANTS 0.00
122 SOLID WASTE/RECYCL. 0.00
130 IMPACT FEES 0.00
131 IN-LIEU FEES 0.00
132 AGENCY ON AGING 0.00
133 RESTRICTED REVENUES 0.00
136 EMERGENCY DISASTER RESERVE 0.00
137 DEVELOPER PROJECT CONTRIBUTIONS 0.00
138 AFFORDABLE HOUSING IMPACT FEES 0.00
140 DEVELOPER IN-LIEU UNDERGROUNDING 0.00
141 COMMUNITY DEVELOPMENT 0.00
142 RECREATION & AQUATICS CENTER (RAC) 0.00
151 SUCCESSOR AGENCY TO THE SB RDA - OPS 0.00
152 CITY OF SB AS SUCCESSOR HOUSING AGENC 0.00
153 RDA OBLIGATION RETIREMENT FUND 68.22
160 COMMUNITY FACILITIES IMPACT FEE 0.00
161 PUBLIC SAFETY FACILITIES IMPACT FEE 0.00
162 GENERAL GOVERNMENT FACILITIES IMPACT F 0.00
163 TRANSPORTATION FACILITIES IMPACT FEE 0.00
164 UTILITIES FACILITIES IMPACT FEE 0.00
165 BAYHILL SPECIFIC PLAN AREA DEVELOPMENT 0.00
166 COMMUNITY BENEFIT FUND 0.00
190 DISASTER RECOVERY FUND 0.00
201 PARKS AND FACILITIES CAPITAL 0.00
203 STREET IMPROVE. PROJECTS 0.00
207 TECHNOLOGY CAPITAL 0.00
302 LEASE DEBT SERVICE 460.53
611 WATER FUND 147.03
621 STORMWATER FUND 0.00
631 WASTEWATER FUND 59,636.51
641 CITYNET SERVICES FUND 0.00
651 PARKING FUND 0.00
701 CENTRAL GARAGE 0.00
702 FACILITY MAINT.FUND 0.00
703 GENERAL EQUIPMENT REVOLVING 0.00
707 TECHNOLOGY DEVELOPMENT 0.00
711 SELF INSURANCE 91,118.50
891 RECOLOGY SAN BRUNO 0.00
Grand Total: 213,514.92
Totals are through period: 8
__________________ _________________
____________ _____________________
17 of 229
Item 6d.
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Kelly Beggs, Assistant Community Development Director SUBJECT: Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 7 (Vehicles And Traffic) of the Municipal Code to Form a Complete Streets Committee,” and Finding Such Action Exempt from the California Environmental Quality Act
BACKGROUND:
On February 25, 2025, the City Council received a presentation and directed staff to explore merging the Traffic Safety and Parking Committee (TSPC) and Bicycle and Pedestrian Advisory Committee (BPAC) into a Complete Streets Committee (CSC). On May 27, 2025, the City Council unanimously voted to introduce an ordinance to amend the Municipal Code to form a Complete Streets Committee by merging the TSPC and BPAC.
DISCUSSION:
This agenda item is the consideration of the adoption the Ordinance introduced on May 27, 2025 to establish the Complete Streets Committee. The new committee would streamline advisory bodies reporting to the City Council with a policy focus on implementing the Complete Streets Act of 2008 (AB 1358) and General Plan Policy T-A, which states that the City should “provide for efficient, safe, and pleasant movement for all transportation modes – vehicles, bicycles, transit, and pedestrians.”
FISCAL IMPACT:
The new Complete Streets Committee would result in improved efficiencies that would have a modest positive fiscal impact.
ENVIRONMENTAL IMPACT:
The adoption of this ordinance and resolution is categorically exempt from environmental review under the California Environmental Quality Act under Section 15378(b)(5), in that it is not a project that has the potential for causing a significant effect on the environment. 18 of 229
,WHPH
Honorable Mayor and Members of the City Council
June 10, 2025
RECOMMENDATION:
Adopt an Ordinance entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 7 (Vehicles And Traffic) of the Municipal Code to Form a Complete Streets Committee,” and Finding Such Action Exempt from the California Environmental Quality Act ALTERNATIVES:
1. Do not adopt the Ordinance.
2. Continue the item and direct staff to make modifications to the ordinance.
ATTACHMENTS:
1. Ordinance
19 of 229
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING TITLE 7 (VEHICLES AND TRAFFIC) OF THE MUNICIPAL CODE TO FORM A COMPLETE
STREETS COMMITTEE, AND FINDING SUCH ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the Traffic Safety and Parking Committee (TSPC) was formed in 1981, with duties are set forth by San Bruno Municipal Code Section 7.08.040 to improve traffic conditions and safety,
WHEREAS, the Bicycle and Pedestrian Advisory Committee (BPAC) was formed in 2002, with duties are set forth by Section 4 of the BPAC bylaws, to promote and encourage bicycle and pedestrian activity and safety,
WHEREAS, On February 25, 2025, the City Council received a presentation and directed staff to explore the merging the Traffic Safety and Parking Committee (TSPC) and Bicycle and Pedestrian Advisory Committee (BPAC) into a Complete Streets Committee (CSC) to follow best transportation planning practices, while simultaneously reducing scope overlaps between committees and streamlining advisory bodies reporting to the City Council; and WHEREAS, on April 23, 2025, staff held a joint meeting with the BPAC and TSPC to collect input; and
WHEREAS, the State of California has emphasized the importance of Complete Streets by enacting the California Complete Streets Act of 2008 (AB 1358. Leno), which requires that when cities or counties revise general plans, they identify how they will provide for the mobility needs of all users of roadways; and
WHEREAS, the term “Complete Streets” describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, seniors, children, youth, and families; and
NOW, THEREFORE, the City Council of the City of the City of San Bruno does ordain as follows:
SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.
SECTION 2. Editorial guidance. The following non-substantive editorial style is used.
Words that are underlined are additions; words with a line through are deleted; and words in [brackets] are instructions for the Code publisher and which instructions are not to be published in the City’s Code unless worded as an “editor’s note”.
In addition, the Code publisher will arrange definitions and other changes alphabetically to conform to the Code’s current style and will, as needed, re-order numbering and lettering changes caused by these amendments. The City Clerk and the City Attorney are authorized to 20 of 229
$77$&+0(17
work with the Code Publisher to effectuate non-substantive amendments to ensure consistency as to form and style of the Code.
Further, the code publisher is directed to substitute the name of an office and/or position wherever possible rather than use a gender pronoun without further or formal amendments.
SECTION 3. Chapter 7.08 (Traffic Safety and Parking Committee) is amended as follows:
Chapter 7.08 Traffic Safety and ParkingComplete Streets Committee
§ 7.08.010. Established—Membership.
A. There is established an advisory traffic safety and parkingcomplete streets committee, to serve without compensation.
B. The committee shall consist of five seven public members, five of whom shall be residents of the city. Two members may be a representative from a major employer located in the city, and such number of other city officers and representatives of unofficial bodies as may be determined and appointed by the mayor with the approval of the city council.
C. The members of the committee shall serve a four-year term.
§ 7.08.020. Voting privilege—Quorum.
The members of the committee shall serve a four-year term.
A. Four Three members shall constitute a quorum for the transaction of business.
§ 7.08.030. Officers—Meetings.
A. The committee shall elect a chairperson and a vice-chairperson to serve in the absence of the chairperson for a one-year term each January.
B. The committee shall meet regularly at least once per month at such time and place as shall be determined by resolution of the city council. All meetings shall be governed by the Ralph M. Brown Act.
C. The city traffic engineerPublic Works Director or designee shall serve as the secretary for the committee.
§ 7.08.040. Duties.
The traffic safety and parkingcomplete streets committee shall have the following duties:
A. Review Bicycle and Pedestrian Plans, Safe Routes to School Plans, Street Master Plans, and make recommendations to the City Council on the plan’s consistency with the City’s Complete Streets policy (General Plan Policy T-A).
B. Review transportation-related portions of new or amended Specific Plans and make recommendations to the Planning Commission on the plan’s consistency with the City’s Complete Streets policy (General Plan Policy T-A).
C. Provide input to staff for the planning phases of major capital improvement projects (CIPs) related to streets, sidewalks, bike lanes, pathways, and transportation infrastructure
D. Serve as a conduit for community input on transportation issues and engage the public in discussions and decision-making around pedestrian, bicycle, and traffic matters.
E. Support applications for active transportation grants from regional, state, and federal grant entities.
F. Any such other duties prescribed by the City Council.
21 of 229
G. Provide an annual report to the City Council on committee actions and discussions.
A. To suggest the most practicable means for coordinating the activities of all officers and agencies of the city responsible for administration or enforcement of traffic regulations; B. To provide a forum for discussion and provide recommendations regarding traffic studies and reports;
C. To receive complaints regarding traffic matters;
D. To make recommendations to the city council to improve traffic conditions; E. To recommend to the city council the designation, establishment, or enactment of any of the following:
1. One-way streets,
2. Main arterial highway through streets,
3. Intersections at which vehicles are required to stop at one or more entrances thereto,
4. Railroad grade crossings at which vehicles are required to stop,
5. Areas in which parking or stopping is prohibited or restricted on streets or portions thereof, or on public parking lots,
6. Streets as to which commercial vehicles with gross weight of six thousand pounds or more are restricted,
7. Streets or portions thereof where the maximum speed limit shall be in excess of or less than the speed limit which would otherwise be established by state law, based upon engineering and traffic investigations,
8. The enactment of any other necessary traffic control deemed appropriate.
§ 7.08.050. Council action.
A. The city council may approve, modify, or deny the any recommendation of the committee, or refer the a matter back to the traffic safety and parking committee for further study.
B. Any action of the council on a recommendation dealing with the subject matter set forth in subsection E of Section 7.08.040 shall be taken by resolution, or, if so required by the Vehicle Code, by ordinance.
SECTION 4. Current Membership May Continue Service. Notwithstanding Section
7.08.010, the City Council may appoint for one additional term any member who has served continuously on the Traffic Safety and Parking Committee or Bicycle and Pedestrian Committee, as of June 1, 2025, resulting in a total committee membership that exceeds seven until such terms are completed. In no event may the City Council appoint any other person to the committee until one of the seven positions becomes vacant.
SECTION 5. California Environmental Quality Act (CEQA). The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act under Sections 15301(b)(3) and 15378(b)(5), in that it is not a project that has the potential for causing a significant effect on the environment.
SECTION 6. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
22 of 229
SECTION 7. Effective Date. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.
_______________________________
ATTEST: Rico E. Medina, Mayor
______________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:
_______________________________
Trisha Ortiz, City Attorney
---oOo---
I, hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on May 27, 2025, and adopted by the San Bruno City Council at a regular meeting on June 10, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________________
Lupita Huerta, City Clerk
23 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Lupita Huerta, City Clerk
SUBJECT: Consider Adoption of a Resolution Granting Fireworks Stand Permits for 2025
BACKGROUND:
The City of San Bruno Municipal Code allows by special permit, the sale of “Safe and Sane” fireworks at temporary fireworks stands. Non-profit organizations based in San Bruno and serving the San Bruno community submitted applications to operate a fireworks stand to the City Clerk’s office in mid-May.
On June 24, 2008, the City Council adopted Resolution No. 2008-67 (Attachment 2) to establish rules and regulations pertaining to the issuance of Firework Stand Permits. Section 9 of Resolution No. 2008-67 provides that the City Clerk shall review all applications to determine whether the applicant has met all eligibility requirements for a Firework Stand Permit and to identify each applicant as either “grandfathered” or “lottery” status. Section 3 of Resolution 2008-67 provides the application requirements.
The City Clerk’s Office reviewed the applications for completeness and verified that a representative from each organization attended the Mandatory Fireworks Safety Seminar that was conducted by the Fire and Police Departments this year on June 3, 2025. The City Clerk’s office also received confirmation from Administrative Services that each organization has paid the cost recovery fee for 2024 based on Resolution No. 2024-37, adopted May 28, 2024.
DISCUSSION:
As required in the San Bruno Municipal Code, only eighteen (18) “Safe and Sane” fireworks stands are permitted, of which seven (7) are grandfathered status and the remaining are lottery status. Grandfathered permits were assigned to organizations with properly issued permits in effect on July 4, 1997. As of the deadline, 12 applications were received for 2025. The 12 applications have been reviewed by the City Clerk and the City Clerk determined whether or not the applications satisfied the conditions in Section 3 of Resolution No. 2008-67. 24 of 229
,WHPI
Honorable Mayor and Members of the City Council
June 10, 2025
The following applicants applied for Fireworks Stand Permits for 2025:
Applicant Name Permittee Type Eligible for Permit
Yes / No
American Legion Post 409 Grandfathered Permittee Yes
Booster’s 71 Grandfathered Permittee Yes
Camp St. Andrews Lottery Permittee Yes
Capuchino Sports Boosters Grandfathered Permittee Yes
Parent Boosters of 72 Grandfathered Permittee Yes
Parents of Pack 290 Lottery Permittee Yes
San Bruno Girls Softball League Grandfathered Permittee Yes San Bruno Lions Club Lottery Permittee Yes
San Bruno Police Association Grandfathered Permittee Yes San Bruno Rotary Club Grandfathered Permittee Yes
San Bruno Soccer Lottery Permittee Yes
San Bruno Youth Baseball Lottery Permittee Yes
FISCAL IMPACT:
The City charges a non-refundable application fee of $95 for the temporary fireworks stand permit. And, pursuant to recently adopted Resolution 2024-37, the cost recovery fee is now capped at seven percent (7%) of each permittee’s gross fireworks sales to offset City costs for fireworks public education, enforcement of the requirements of San Bruno Municipal Code Chapter 6.50 and Resolution No. 2023-105, fire prevention, fire suppression, and fireworks clean-up. The City Manager’s Recommended FY26 budget includes $80,000 from Measure G revenues to provide for costs incurred by the City above the funds received from the permit holders. Only actual costs in excess of the cost recovery fee will be used.
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 Resolution Granting Fireworks Stand Permits for 2025.
ALTERNATIVES:
25 of 229
Honorable Mayor and Members of the City Council
June 10, 2025
1. The sale of Safe and Sane Fireworks was voter approved in the November 5, 2005 Municipal Election. Unless new material facts are presented at the Council meeting, fireworks stand permit evaluation and issuance of permits to compliant applicants will be processed.
2. Do not issue permits and direct the City Council to form a Subcommittee to review applications.
ATTACHMENTS:
1. Resolution
2. Resolution No. 2008-67
26 of 229
1 RESOLUTION NO. 2025 - ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO GRANTING FIREWORKS STAND PERMITS FOR 2025
WHEREAS, Chapter 6.50 of the San Bruno Municipal Code authorizes the limited sale of safe and sane fireworks by special permit (a “Firework Stand Permit”); and WHEREAS, the City Clerk has received 12 applications for a Firework Stand Permit; and WHEREAS, on June 24, 2008, the City Council adopted Resolution No. 2008-67 to establish rules and regulations pertaining to the issuance of Firework Stand Permits; and WHEREAS, Section 9 of Resolution No. 2008-67 provides that the City Clerk shall review all applications to determine whether the applicant has met all eligibility requirements for a Firework Stand Permit and to identify each applicant as either “grandfathered” or “lottery” status; and
WHEREAS, paragraph 4 of Section 6 of the City Council Policies and Procedures, adopted on December 13, 2022, provides that the City Clerk will present the applications and the information required by Resolution No 2008-67 to the City Council for its determination about granting a Firework Stand Permit; and
WHEREAS, attached hereto as Exhibit A is a list of the applicants along with the information required by Resolution No. 2008-67.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Bruno hereby grants a Firework Stand Permit for 2025 to each eligible applicant listed on Exhibit A. ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on June10, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers
ABSENT: Councilmembers:
Lupita Huerta, City Clerk
27 of 229
$77$&+0(17
2 EXHIBIT A
APPLICANTS FOR FIREWORK STAND PERMITS
The following applicants applied for Fireworks Stand Permits for 2025:
Applicant Name Permittee Type Eligible for Permit
Yes / No
American Legion Post 409 Grandfathered Permittee Yes
Booster’s 71 Grandfathered Permittee Yes
Camp St. Andrews Lottery Permittee Yes
Capuchino Sports Boosters Grandfathered Permittee Yes
Parent Boosters of 72 Grandfathered Permittee Yes
Parents of Pack 290 Lottery Permittee Yes
San Bruno Girls Softball League Grandfathered Permittee Yes San Bruno Lions Club Lottery Permittee Yes
San Bruno Police Association Grandfathered Permittee Yes San Bruno Rotary Club Grandfathered Permittee Yes
San Bruno Soccer Lottery Permittee Yes
San Bruno Youth Baseball Lottery Permittee Yes
28 of 229
29 of 229
ATTACHMENT 2
30 of 229
31 of 229
32 of 229
33 of 229
34 of 229
35 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 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 Public Works Director Harry Yip, P.E., Interim Principal Engineer
SUBJECT: Consider Adoption of a Resolution Approving the Final Map, Authorizing Toll West Coast, LLC to Construct Public Parking on the East Side of Courtland Drive to Serve the Future Sports Fields, Approving a Credit in the Amount of $479,000 Against Park Impact Fees Otherwise to be Paid by Toll West Coast, LLC, Authorizing the City Manager to Execute an Improvement Agreement and Affordable Housing Agreement for the Crestmoor Project at 300 Piedmont Avenue
BACKGROUND:
On May 28, 2024, the San Bruno City Council adopted, among other approvals, Resolution No. 2024-36, approving a Planned Unit Permit, Architectural Review Permit, Vesting Tentative Tract Map, Density Bonus Request, Affordable Housing Plan, and Tree Removal Permit for the proposed development of the Crestmoor Project, at the former San Mateo Union High School site at the 300 Piedmont Avenue (PUP22-001, AR22-006, TM22-001, DB24-001)(APN: 019- 170-020).
The project, to be developed by Toll West Coast, LLC, includes the approval of a Vesting Tentative Map (VTM) that allows for subdividing the 40.2 acres site into 155 residential lots, and includes nine private streets, and private open space parcels. The subdivision also includes dedication to the City of a public right-of-way for the extension of Courtland Drive through the site to connect to Piedmont Avenue, public access easements on the private streets, public emergency vehicle access easements, public utility easements, and City public open space parcels for proposed sports fields and sports field public parking on Courtland Drive.
Project approvals were subject to various conditions of approval including a requirement to record a Final Map and construction of various public and private improvements. The conditions further required that the Applicant and the City enter into an Improvement Agreement to guarantee installation of all public improvements required of the project, a Maintenance Agreement to define the developer’s responsibilities for long-term maintenance of all improvements to be constructed, a Stormwater Treatment Measures Maintenance Agreement to define developer’s responsibilities for long-term maintenance of stormwater treatment control measures, and an Affordable Housing Agreement restricting the sale or lease of twenty-four (16) homes to moderate-income households, (8) homes to low-income households, and restricting their sale or lease for a period of 55 years starting from the date of certificate of occupancy, in substantial conformance with the Project's Affordable Housing Plan.
36 of 229
,WHPJ
Honorable Mayor and Members of the City Council
June 10, 2025
All agreements will be recorded against the property; however, at this time, only the Improvement Agreement is being presented to Council for approval. The Maintenance and Stormwater Treatment Measures Maintenance Agreements will be approved at staff level prior to building occupancy. The Affordable Housing Agreement, which has been finalized by the City Attorney and the Applicant, will be executed at the staff level prior to or concurrently with the Final Map recordation.
DISCUSSION:
Final Map
The Final Map, which will subdivide the property into the various parcels, was prepared by CBG Inc. It includes an irrevocable offer of dedication to the City (in fee) for the public open space parcels, and for the new public right-of-way for Courtland Drive, for Public Access Easements, Public Utility Easements, and Emergency Vehicle Access Easements. The Final Map also includes the acceptance by the City of the various public easements. However, the City’s acceptance of the public right-of-way on Courtland Drive and for the public open space parcels will be by separate instruments from the Final Map and will be brought to the City Council for approval once the street improvements have been completed for the Courtland right-of-way, and after completion of rough grading as to the open space, unless otherwise agreed upon by the parties. The approved Final Map must be recorded at the County Recorder’s Office prior to the issuance of a Building Permit.
Staff has reviewed the Final Map, a copy of which is included in the Attachments, and has determined it to be correct and in compliance with the VTM and project conditions of approval.
Proposed Public Improvements
The project's improvement plans include the design for the following public improvements:
rough grading of the project site, retaining walls surrounding the City’s sports field open space parcel, the new public street extension of Courtland Drive to Piedmont Avenue including curbs, gutters sidewalk, streetlighting, asphalt concrete paving, signing and striping, sanitary sewer and storm drain facilities, C3 stormwater treatment facilities, landscaping and irrigation system.
The development will include new public water mains and fire hydrants within the new public and private streets as well as off-site upgrades to the water distribution system to ensure the site will be served with sufficient water pressure/flows for fire suppression.
Offsite improvements will also include upsizing 1,684 linear feet of existing 6-inch sanitary sewer main on Courtland Drive and on Whitman Way to an 8-inch pipe, and a new crosswalk and installation of stop signs at the intersection of Piedmont Avenue and Madison Drive.
Sports Field Parking on Courtland Drive
It is proposed that the improvements by the Developer include the construction of 106 perpendicular parking spaces on the east side of Courtland Drive to serve the future sports field on the open space parcel. These parking spaces are the City’s responsibility to pay for and construct. However, for cost efficiency, the project’s Conditions of Approval allow for these parking spaces to be constructed by the Developer if the City Council authorizes its construction and approves a credit in the amount of $479,000 against the development impact fees otherwise to be paid to the City by the Developer when building permits are issued. Staff has
37 of 229
Honorable Mayor and Members of the City Council
June 10, 2025
reviewed the proposed credit amount for the parking improvements and believes that the cost is fair.
Proposed Private Improvements
The project’s improvement plans include the design for following private improvements: rough grading of the project site, retaining walls, new private streets including new curb, gutter, sidewalk and driveways, curb access ramps, internal roadway network, storm drain systems and biotreatment measures, sanitary sewer systems, public water main system, signing and striping, landscaping, street trees and irrigation, street lighting, and joint trench systems.
The Improvement Agreement
The purpose of this Agreement is to ensure completion of the Public Improvements and ensure satisfactory performance by the Developer of its obligations to satisfy the Conditions pertaining to said Improvements. The Developer is required to complete all construction, provide a Performance Bond and a Labor and Materials Bond to guarantee completion of all work, provide a Warranty Bond at the completion of construction to guarantee repair of any damage or defects for one year following completion of construction, obtain and provide proof of insurance and hold the City harmless from any claims, and pay for all City costs related to the review, approval and inspection of the public and private improvements and map processing.
In addition, the Agreement would require the Developer to construct the City’s sports field parking on the east side of Courtland Drive and in return, obligate the City to give a credit of $479,000 to the developer against its Park Impact Fees or other categories of Development Impact Fees due to be paid to the City upon issuance of Building Permits for the homes to be constructed on the site.
Staff has reviewed the Final Map, Improvement Plans, and Improvement Agreement and deemed them accurate and appropriate for execution.
Affordable Housing Agreement
The Vesting Tentative Map was approved with a condition (no. 19) requiring a project mix of affordable units restricting the sale or lease of sixteen (16) houses to moderate-income households and of eight (8) houses to low-income households. Subsequently the City determined it has a surplus of low-income units so the City would not get Regional Housing Needs Allocation (RHNA) credit for the project’s eight (8) low-income units San Bruno Municipal Code (SBMC) Section 12.230.060 allows alternative percentages and income levels of affordable units as alternative means of meeting affordable housing obligations. The Developer proposes meeting its affordable housing obligations by providing 24 housing units that must be sold to and occupied by moderate income households, and a payment of a total of $2,300,000 to the City’s affordable housing fund. This alternative supports the City achieving its RHNA goals and provides additional funding for housing tasks and projects. Since the City Council was the final decision maker on the Crestmoor map, City Council approval of the alternative affordable housing plan is required.
FISCAL IMPACT:
The Applicant is responsible to pay for constructing all public and private improvements.
However, if the City Council chooses to have the Developer to construct the public parking spaces on Courtland Drive in exchange for a $479,000 credit in Developer Impact Fee, the City would not collect those funds at the time of issuing a Building Permit.
38 of 229
Honorable Mayor and Members of the City Council
June 10, 2025
Since the proposed public parking is for sports field patrons, it is recommended that the City use the Park Impact Fees for the credit. If the City were to construct the parking on is own after the Developer completes construction on Courtland Drive, the City would most likely use the Park Impact Fees to pay for it and it would cost considerably more to construct than the proposed credit of $479,000 due to separate mobilization costs and other factors.
Upon acceptance of the public improvements by the City Council, the City will assume responsibility for their operation and maintenance, unless otherwise stated in the maintenance agreements. The proposed maintenance obligation areas are shown in the HOA Maintenance exhibit included in the Attachments. Monthly sewer, water, and storm drain fees and property taxes will be collected from future owners and tenants. The agreements call for performance bonds required to secure work and for Applicants to pay for City inspection and other construction-related costs.
ENVIRONMENTAL IMPACT:
On May 28, 2024, the City Council adopted a resolution certifying a final environmental impact report dated April 2024, and adopted CEQA findings and facts, a statement of overriding considerations, and a Mitigation Monitoring Reporting Program for the Residential Project and the City Council initiated General Plan and Zoning Map Amendments. The Final Map approval and related actions are fully within the scope of the environmental analysis in the certified Final EIR, and no further CEQA review is required.
RECOMMENDATION:
Adoption of a Resolution Approving the Final Map, Authorizing Toll West Coast, LLC to Construct Public Parking on the East Side of Courtland Drive to Serve the Future Sports Fields, Approving a credit in the amount of $479,000 in Park Impact Fees to be paid by Toll West Coast, LLC, and Authorizing the City Manager to Execute an Improvement Agreement and an Affordable Housing Agreement for the Crestmoor Project at 300 Piedmont Avenue.
ALTERNATIVES:
1. Do not approve the Final Map, and do not authorize the City Manager to execute an Improvement Agreement. If the City Council chooses not to approve the Final Map, findings would need to be made as provided in Sections 12.32.200, 12.40.090 and 12.36.230 of the San Bruno Municipal Code, to support the decision to not approve the Final Map.
2. Provide alternative direction regarding approval of the Final Map and Improvement Agreement.
3. Do not approve the alternative affordable housing plan.
ATTACHMENTS:
1. Resolution
2. Approved Final Map
3. Improvement Agreement
4. HOA Maintenance Exhibit
39 of 229
1 AMENDED
RE
SOLUTION NO. 2025 - __
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPROVING THE
FINAL MAP, AUTHORIZING THE TOLL WEST COAST, LLC TO CONSTRUCT PUBLIC
PARKING ON THE EAST SIDE OF COURTLAND DRIVE TO SERVE THE FUTURE SPORTS FIELDS, APPROVING A CREDIT IN THE AMOUNT OF $479,000 AGAINST PARK IMPACT
FEES OTHERWISE TO BE PAID BY TOLL WEST COAST, LLC, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT AND AN AFFORDABLE HOUSING AGREEMENT FOR THE CRESTMOOR PROJECT AT 300 PIEDMONT AVENUE WHE
REAS, on May 28, 2024, the City Council of the City of San Bruno adopted, among other approvals, Resolution No. 2024-36, approving a Planned Unit Permit, Architectural Review Permit, Vesting Tentative Tract Map, Density Bonus Request, Affordable Housing Plan, and Tree Removal Permit for the proposed development of the Crestmoor Project (Project), at the former San Mateo Union High School site at the 300 Piedmont Avenue (APN: 019-170-020), subject to certain conditions of approval set forth therein; and WHE
REAS, said project, to be developed by Toll West Coast, LLC (Developer), includes the approval of a Vesting Tentative Map (VTM) that allows for subdividing the 40.2-acre site into 155 residential lots, and includes nine private streets, and private open space parcels. The subdivision also includes the dedication to the City of public right-of-way for the extension of Courtland Drive through the site to connect to Piedmont Avenue, public access easements on the private streets, public emergency vehicle access easements, public utility easements, and City public open space parcels for proposed sports fields and sports field public parking on Courtland Drive; and
WHE
REAS, said Project approvals were subject to various conditions of approval that included preparation and recordation of a Final Map and construction of various public and private improvements. The conditions further require that the Developer and the City enter into an Improvement Agreement to guarantee installation of all public improvements required of the Project; and
WHE
REAS, the Final Map, which will subdivide the property into the various parcels, was prepared by CBG Inc. and has been reviewed by the City and determined to be technically correct and in compliance with the VTM and Project conditions of approval; and WHE
REAS, the Final Map includes an irrevocable offer of dedication to the City (in fee) for the public open space parcels, and dedications to the City for the new public right-of-way for Courtland Drive, and for Public Access Easements, Public Utility Easements, and Emergency Vehicle Access Easements; and
WH
EREAS, the Final Map includes the acceptance by the City of the various public easements. However, the City’s acceptance of the public right-of-way on Courtland Drive and for the public open space parcels will be by separate instruments from the Final Map and will be brought to the City Council for approval once the street improvements have been completed as to the public right-of-way, and completion of rough grading for the sports field open space, unless otherwise agreed to by the City and Developer; and ATTACHMENT 1
40 of 229
2 WHEREAS, the approved Final Map must be recorded at the County Recorder’s Office prior to issuance of a Building Permit; and
WHEREAS, the improvement plans by Developer include the design of 106 perpendicular parking spaces on the east side of Courtland Drive to serve the future sports field on the open space parcel; and
WHEREAS, said parking spaces are the City’s responsibility to pay for and construct.
However, for cost efficiency, the Project’s Conditions of Approval allow for these parking spaces to be constructed by the Developer if the City Council authorizes its construction and approves a credit in the amount of $479,000 against development impact fees otherwise to be paid to the City when building permits are issued; and
WHEREAS, the City reviewed the proposed credit amount for the parking improvements and believes that the cost of $479,000 is fair; and
WHEREAS, pursuant to the Project approval, the City and Developer have negotiated an Improvement Agreement for the Project that guarantees the construction of the required public improvements; and
WHEREAS, the Improvement Agreement would require Developer to construct the City’s sports field parking on the east side of Courtland Drive and in return, obligate the City to give a credit of $479,000 to Developer against its Park Impact Fees or other categories of Development Impact Fees due to be paid by Developer to the City upon issuance of Building Permits for the homes to be constructed on the site; and
WHEREAS, City has reviewed the Final Map, Improvement Plans, and Improvement Agreement, and deemed them accurate and appropriate for execution; and
WHEREAS, the approved Project Affordable Housing Plan for the Project required that prior to or concurrently with the recordation of the Final Map the Developer shall execute and record an Affordable Housing Agreement restricting the sale or lease of sixteen (16) homes to moderate-income households and restricting the sale or lease of eight (8) homes to low-income households for a period of 55 years starting from the date of certificate of occupancy; and
WHEREAS, the City has fulfilled its Regional Housing Needs Allocation (RHNA) deficit for low-income households and would not receive any RHNA credit for the eight (8) low-income homes of the Project; and
WHEREAS, the Developer has requested as part of the Affordable Housing Agreement that 100% of the twenty-four (24) approved affordable housing units be allocated to moderate income households as an alternative means of complying with SBMC Section 12.230.030 in accordance with SBMC Section 12.230.060(B.4) so that all of the affordable units can assist the City in meeting its RHNA obligations, and will also make a $2,300,000.00 contribution to the City’s affordable housing fund for use in the City’s efforts to meet community housing needs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno that the Final Map is hereby approved; and be it further
RESOLVED that City Council hereby authorizes Toll West Coast, LLC to construct public parking on the east side of Courtland Drive to serve the future sports fields and approves 41 of 229
3 a credit in the amount of $479,000 against Park Impact Fees or other categories of Development Impact Fees otherwise to be paid by Toll West Coast, LLC when Building Permits are issued; and be it further
RESOLVED that the City Council authorizes the Community Development Director to amend the Affordable Housing Plan to include 24 moderate-income units and a $2,300,000 contribution to the City’s affordable housing fund, finding that such action will allow the City to take full RHNA credit for all the affordable housing units constructed and will better assist the City in meeting its RHNA obligations for moderate-income households; and be it further
RESOLVED that the City Manager is hereby authorized to execute an Improvement Agreement, a copy of which is attached hereto as Exhibit A, and an Affordable Housing Agreement for the Crestmoor Project at 300 Piedmont Avenue, subject to such minor amendments necessary to effectuate the intent of the parties.
Exhibit A: Improvement Agreement
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on June 10, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
42 of 229
13314-000 SHEET OF 16
CRESTMOOR
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
OWNER'S ACKNOWLEDGMENT
OWNER'S STATEMENT
COUNTY RECORDER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
PRELIMINARY
SURVEYOR'S STATEMENT
OWNER'S STATEMENT CONTINUED
43 of 229
ATTACHMENT 2
23314-000 SHEET OF 16
CRESTMOOR
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
TECHNICAL REVIEWER'S STATEMENT
CITY ENGINEER'S STATEMENT
SOILS REPORT
CITY CLERK'S STATEMENT
BENEFICIARY ACKNOWLEDGMENT
BENEFICIARY'S STATEMENT
OPTIONEE ACKNOWLEDGMENT
OPTIONEE'S STATEMENT
44 of 229
PIEDMONT
AVENUE
INTERSTATE 280COURTLAND DRIVE
MADISON DRIVE
ROSEWOOD DRIVE
DRIVEBENNINGTON
KEEFE
COURT
GLENBROOKLANE
MARKHAM
AVENUE
3 GRAPHIC SCALE
600'0' 300'150'75'150' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
LEGEND
BASIS OF BEARINGS:
3314-000 SHEET OF 16
REFERENCES:
NOTE:
150'
BOUNDARY SHEET
LEGEND
45 of 229
14 15
5 7
8 9
10 11
12 16
6 COURTLAND DRIVE
PIEDMONT
AVENUE
HILLSBOROUGH LOOP
HILLSBOROUGH LOOP
REDHAWK WAY
WILLOUGHBY WAY
MANCHESTER WAY
RIDGELINE WAY
WISTERIA WAY
OVERLOOK WAY
MANCHESTER WAY
NORTHSTAR WAY
COURTLAND DRIVE
13 INTERSTATE 280
MADISON DRIVE
ROSEWOOD DRIVE
KEEFE COURT
PARCEL M
PARCEL K
PARCEL N
1 65
63 64
67 66
38 3936 3735
43 46454441 4240
50 47
48 49
54 51
52 53 61
59 60
152
140
141
143142
146144145
PARCEL P
148147
149
150
151
154
153
155
92 89
91 87
88 90
96 95
94 93
101
98 100
97 99
106
105
104
103
102
83 8
2 3 4 5 6 7
11 9
10 13
12 16
14 15
18 17
19 20 21 22 23 24 25
110
108
107
109
114
112
111
113
117
115
116
120
118
119
121
80 81
82 85
84 123 131128129130 133132122 126124125 127 134
136
138
139
137
PARCEL L
PARCEL LL
PARCEL F
PARCEL E
PARCEL G
PARCEL H
PARCEL D
PARCEL O
26 27
29 28
30 31
32 33
34 68
72 71
70 69
8679
78 77
76 75
74 73
135
55 56
57 58 62
PARCEL J
PARCEL
I
PARCEL A
PARCEL B
4 REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
3314-000 SHEET OF 16
SHEET INDEX
13 GRAPHIC SCALE
480'0' 240'120'60'120' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
120'
46 of 229
1 38 3936 3735
43 4441 4240
2 3 4 5
19 20 21 22 23
PARCEL L
PARCEL N
PARCEL LL
PARCEL D
COURTLAND DRIVE
HILLSBOROUGH LOOP
OVERLOOK WAY
NORTHSTAR WAY
MANCHESTER WAY
PARCEL A
PARCEL C
1 PARCEL LPARCEL A
53314-000 SHEET OF 16
REFERENCES:
NOTE:
SEE SHEET 14
SEE SHEET 7
SEE SHEET 6
LEGEND
DETAIL A
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
47 of 229
122
PARCEL
M
PARCEL A
50 47
48 49
54 51
52 53 61
59 60
123
128
122
126124 125
127 PARCEL O
PARCEL D
HILLSBOROUGH LOOP
REDHAWK WAY
OVERLOOK WAY
NORTHSTAR WAY
55 56
57 58 62
PARCEL A
HILLSBOROUGH LOOP
63314-000 SHEET OF 16
SEE SHEET 5
SEE SHEET 15
SEE SHEET 14
SEE SHEET 8
SEE SHEET 7
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
DETAIL A
48 of 229
PARCEL H
4645
8 6
7 11
9 10
13 12
24 25
PARCEL E
PARCEL L
PARCEL N
PARCEL LL
PARCEL K
COURTLAND DRIVE
REDHAWK WAY
MANCHESTER WAY
OVERLOOK WAY
WILLOUGHBY WAY
26 27
29 28
PARCEL C
INTERSTATE 280
13 PARCEL L
PARCEL E
MANCHESTER
PARCEL H
PARCEL C
46 73314-000 SHEET OF 16SEE SHEET 8
SEE SHEET 5
SEE SHEET 9
DETAIL A
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
DETAIL B
49 of 229
65 63
64 67
66 131129 130 133132 134
135
16 14
15 18
17 PARCEL E
PARCEL D
HILLSBOROUGH LOOP
REDHAWK WAY
WILLOUGHBY WAY
OVERLOOK
WAY
MANCHESTER WAY
68 30
31 32
33 3472
71 70
69 PARCEL B
PARCEL A
PARCEL C
83314-000 SHEET OF 16
SEE SHEET 7
SEE SHEET 9
SEE SHEET 6
SEE SHEET 14
SEE SHEET 10 REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
50 of 229
89 87
88 90
83 80
81 82
PARCEL F
PARCEL E
PARCEL L
PARCEL LL
PARCEL K
RIDGELINE WAY
COURTLAND DRIVE
WILLOUGHBY WAY
INTERSTATE 280
76 75
74 73
73 PARCEL L
PARCEL E
80 PARCEL
E
PARCEL L
PARCEL L
PARCEL F 87
93314-000 SHEET OF 16
SEE SHEET 10
SEE SHEET 7
SEE SHEET 11
SEE SHEET 8
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
DETAIL A
DETAIL B
DETAIL C
51 of 229
92 137
91 96
95 94
93 85
84 136
138
139
140
141
HILLSBOROUGH LOOP
WILLOUGHBY WAY
RIDGELINE WAY
86 PARCEL E
79 78
77 PARCEL B
PARCEL F
PARCEL I
PARCEL B
79 PARCEL
I
96 PARCEL
B
103314-000 SHEET OF 16
SEE SHEET 9
SEE SHEET 16
SEE SHEET 8
SEE SHEET 12
SEE SHEET 15
SEE SHEET 11
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
DETAIL A
DETAIL B
52 of 229
117
115
116
101
98 100
97 99
102
110
108
107
109
155
PARCEL G
PARCEL L
PARCEL LL
PARCEL K
COURTLAND DRIVE
WISTERIA WAY
HILLSBOROUGH LOOP
PARCEL B
INTERSTATE 280
PARCEL J
97 PARCEL
G
PARCEL L
107
PARCEL L
PARCEL G
PARCEL L
PARCEL B
115
113314-000 SHEET OF 16
SEE SHEET 12
SEE SHEET 9SEE SHEET 10
SEE SHEET 13
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
DETAIL A DETAIL B DETAIL C DETAIL D
53 of 229
111
113
106
105
104
103
114
112
143
142
146144 145
PARCEL G
PARCEL P
WISTERIA WAY
HILLSBOROUGH LOOP
PARCEL B
123314-000 SHEET OF 16
SEE SHEET 11
SEE SHEET 15
SEE SHEET 10
SEE SHEET 13
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
54 of 229
120
118
119
121
152
148147
149
150
151
154
153
PIEDMONTAVENUE
HILLSBOROUGH LOOP
HILLSBOROUGH LOOP
COURTLAND DRIVE
PARCEL B
PARCEL K
PARCEL LL
PARCEL L
INTERSTATE 280
PARCEL J
133314-000 SHEET OF 16
SEE SHEET 11
SEE SHEET 16
SEE SHEET 12
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
SEE SHEET 16
DETAIL A
DETAIL B
55 of 229
PARCEL MPARCEL L
COURTLAND DRIVE
MANCHESTER
WAY
HILLSBOROUGH LOOP
OVERLOOK
WAY
PARCEL N
PARCEL LL
PARCEL A
COURTLAND
DRIVE
PARCEL
M
PARCEL L
PARCEL
A
PARCEL L
143314-000 SHEET OF 16SEE SHEET 15
SEE SHEET 5
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
120'0' 60'30'15'30' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
30'
DETAIL A
56 of 229
PARCEL M
MADISON AVENUE
HILLSBOROUGHLOOP
HILLSBOROUGH LOOP
ROSEWOOD DRIVE
PARCEL J
153314-000 SHEET OF 16
SEE SHEET 14
SEE SHEET
16 SEE SHEET 6
SEE SHEET 8
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
320'0' 160'80'40'80' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
80'
57 of 229
MADISON AVENUE
HILLSBOROUGH LOOP
HILLSBOROUGH LOOP
DRIVEBENNINGTON
PIEDMONT
AVENUE
PARCEL J
163314-000 SHEET OF 16
SEE SHEET
10 SEE SHEET
15 SEE SHEET 12
SEE SHEET
13 SEE SHEET 8
REFERENCES:
NOTE:
LEGEND
BASIS OF BEARINGS:
GRAPHIC SCALE
320'0' 160'80'40'80' 0'
CRESTMOOR
SCALE: 1" =
CONSISTING OF 16 SHEETS
BEING A SUBDIVISION OF THOSE LANDS DESCRIBED
IN DEED RECORDED DOCUMENT NUMBER 2025-005274
SAN MATEO COUNTY RECORDS
CITY OF SAN BRUNO, SAN MATEO COUNTY, CALIFORNIA
MAY 2025
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
FINAL MAP OF
80'
58 of 229
1 3073183.2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Bruno
567 El Camino Real
San Bruno, California 94066
Attention: City Clerk
)
)
)
)
)
)
)
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code § 27383.
[Draft]IMPROVEMENT AGREEMENT
300 Piedmont Avenue, Crestmoor Residential Development
THIS IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into on this __ day of ______, 2025 (“Effective Date”) by and between Toll West Coast LLC, a Delaware Limited Liability Company (“Developer”), and the CITY OF SAN BRUNO, a California municipal corporation (“City”) with reference to the following facts:
R E C I T A L S
A. ARROYO CAP V-3, LLC, a Delaware limited liability company (“Arroyo”) is the current fee owner of that certain real property situated in the City of San Bruno, County of San Mateo, State of California, located at 300 Piedmont Avenue, San Bruno, CA. 94066 as described in Grant Deed Document #2025-005274 dated February 6, 2025, attached hereto as Exhibit “A,” and incorporated herein by reference (the “Property”). Arroyo has executed the consent to record this Agreement which is attached hereto as Exhibit “E.” B. On May 28, 2024, the City Council of the City of San Bruno adopted, among other approvals, Resolution No. 2024-36, approving a Planned Unit Permit, Architectural Review Permit, Vesting Tentative Tract Map, Density Bonus Request, Affordable Housing Plan, and Tree Removal Permit for the proposed development of the Crestmoor Project at the 300 Piedmont Avenue (PUP22-001, AR22-006, TM22-001, DB24-001)(APN: 019-170-020) (“Project”), subject to certain conditions of approval set forth therein (“Conditions”).
C. The Conditions require that prior to the approval of the Final Map the Developer enter into an agreement with City providing for the future design, construction, and installation of public improvements. This Agreement is intended to fully satisfy Developer’s (also referred to as “Applicant”) Condition of Approval No. 23 a. of the Conditions.
D. Developer has submitted the draft Final Map and applied to City for Final Map approval and, therefore, will enter into an agreement with City providing for the future design, 59 of 229
$77$&+0(17
2 3073183.2
construction and installation of such public improvements, as required by Government Code section 66462(a)(1).
E. Developer has submitted to City the following plans, specifications and drawings:
a. Rough Grading Improvements, dated: April 3, 2025
b. Private Improvement Plans, dated: _________ (Included only for purposes of the public water system improvements incorporated into the plans.) c. Public Improvement Plans, dated: __________
prepared by CBG (the “Improvement Plans”), which, in addition to other improvements, provide for certain off-site public improvements as required in the Conditions generally consisting of new curb, gutter, sidewalk and driveway, curb access ramps, street pavement, storm drain systems, domestic water systems, sanitary sewer systems, signing and striping, landscaping and irrigation, and joint trench systems, and specifically including the public water system improvements shown on the Private Improvement Plans (collectively, “Improvements”).
F. The City will issue the following permits for the construction of the Improvement Plans listed in Recital E above:
a. Rough Grading Permit #25-20634
b. Finish Grading Permit #25-20635
c. Encroachment Permit # 25-20636
G. Conditions of Approval 21 and 22 of said Conditions specify a requirement for completing certain public improvements prior to the City’s acceptance of the Offer of Dedication shown on the Final Map for the Courtland Avenue right-of-way and the Public Open Space Parcels.
H. City and Developer desire to enter this agreement providing for the construction and installation of the Improvements in accordance with said Improvement Plans.
AGREEMENT
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows:
1. Purpose. The purpose of this Agreement is to guarantee completion of the Public Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions pertaining to said Improvements.
2. Property Subject to Agreement. The Property shall be subject to this Agreement.
60 of 229
3 3073183.2
3. Duty to Install Improvements. Developer will design construct, install and complete, or cause to be designed, constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital E above) and to the satisfaction of the City Engineer, in his reasonable discretion.
Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The Improvements shall include, but are not necessarily limited to,
(a) all Conditions of the permits listed in Recital E above. (b) and all other work, improvements, or construction required by or specified in the abovementioned plans and specifications, conditions of permits and all construction, appurtenances and improvements necessary as reasonable determined by the City Engineer to complete said Improvements, both within and outside of the Property.
(c) The Improvements on Courtland Drive shall include the Phase 2 public improvements as described in Condition of Approval 81.
The construction, installation and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the “Work.” The Work and Improvements shall be in strict compliance with the provisions of Chapter 12.44, Improvement Standards, of the San Bruno Code. In the event a conflict exists between the Improvement Plans and the requirements of Chapter 12.44 of the San Bruno Code, the stricter requirement or standard shall govern, as determined by the City Engineer.
4. Completion Date. Developer will complete the Work within two years of the Effective Date. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices and consistent with the Improvement Plans.
This completion date may be extended by the City Engineer in his or her sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Engineer that the securities required by Section 13 shall remain enforceable throughout the term of the extension.
5. Estimated Cost of Work. The engineer's estimated cost of the Work is TEN MILLION TWO HUNDRED AND FORTY-FOUR THOUSAND dollars ($10,244,000) (“Estimated Cost of Work”) and is summarized below as follows:
a. Rough Grading Improvements, $5,114,000 ( Includes cost of Stormdrain system shown on Public and Private Improvement Plans. Separate bonds to be provided).
b. Private Improvement Plans ( Only includes Public Water System cost), and Public Improvement Plans, $5,130,000
61 of 229
4 3073183.2
6. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans.
If, at any time, in the opinion of the City Engineer, in his reasonable discretion, the Improvement Plans are not in compliance with applicable law or regulations (e.g., building codes) or the Conditions, Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with applicable law, regulations, the Conditions and Improvement Plans.
7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property, or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private or public property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 7. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer.
8. Foreman or Superintendent. Developer shall give personal attention to the Work.
A competent foreman or superintendent, satisfactory to the City Engineer in his reasonable discretion with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to and the concurrence of the City Engineer.
9. Examination of Work. All of the Work shall be consistent with the Improvement Plans and performed to the satisfaction of the City Engineer, in his reasonable discretion. City and its authorized agents shall, at all times during the performance of the Work, have free access to the Property and the Work and shall be allowed to examine the Work and all materials used and to be used in the Work.
10. City Costs;
10.1 Deposit. Developer shall pay to City the actual cost for all engineering, inspection, administration, plan check, laboratory and field testing, construction, and other services furnished by City in connection with this Agreement, including those performed by consultants under contract with City (“City Costs”) per the requirements of the Reimbursement Agreement between the City and SummerHill Homes LLC dated March 1, 2022, a copy of which is attached hereto as Exhibit F, and which has been assigned to and assumed by Developer, as set forth in the Consent to the Assignment and Assumption agreement attached hereto as Exhibit G. In Addition, Developer shall submit funds to the City to increase said Deposit to at least $200,000 to cover the costs of Public Works Inspections, prior to the issuance of a Grading Permit or Encroachment Permit.
62 of 229
5 3073183.2
Applicant shall be responsible for maintaining said deposit account and shall submit funds to increase the deposit amount to at least $100,000 or as determined by the City Engineer within fiffeen calendar days of receipt of written notice From the City that the deposit amount is $30,000 or less. Actual costs for staff and consultant time shall be deducted from this deposit per the City's Master Fee Schedule in effect at the time of the expense. At the end of the project, any remaining deposit amount will be refunded to Developer.
10.2. Credit: The Developer’s cost for the design and construction of the Phase 2 public improvements identified in Section 3(c) above shall be reimbursed by the City to the Developer in the form of a $479,000 credit towards the Park Development Impact Fees, or other categories of Development Impact Fees in the sole and absolute discretion of the City, otherwise due to be paid to the City upon the issuance of Building Permits for the Project. Fees will be credited on a permit by permit basis until the full $479,000 credit amount is exhausted.
11. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged, and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances.
12. Final Acceptance.
12.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 11 above, the City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repairs are complete to the satisfaction of the City Engineer, in his reasonable discretion, and whether the written acceptances have been provided. If the Work and repairs are, in the opinion of the City Engineer, not complete and satisfactory, written acceptances have not been provided, and/or the Work is burdened by liens or encumbrances, the City Engineer will list the deficiencies that must be corrected to find the Work and repairs complete and satisfactory. Upon satisfactory completion of the Work and repairs and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. The City Engineer's failure to respond to Developer's written notification within thirty (30) days will not be deemed a breach or default under this Agreement.
63 of 229
6 3073183.2
12.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 12.1, the City Engineer will recommend acceptance of the Improvements to the City Council. The acceptance of the Improvements, offers of dedication and right-of way, and easements, if any, shall be by resolution of the City Council, with the matter placed on the next available agenda for City Council action. Upon City Council's adoption of such resolution, the City Engineer shall promptly record a notice, in a form to be approved by the City Attorney, in the Official Records of San Mateo County.
12.3 Courtland Drive Right-of-Way Acceptance. Per the requirements of Condition of Approval 21 of the Conditions, the offer of dedication for the Courtland Drive right-of-way shall be accepted by the City by a separate instrument from the Final Map, only after all of the required public improvements on Courtland Drive have been accepted as complete by the City Engineer, all the private streets and stormwater treatment measures within the subdivision have been completed, all heavy construction is complete, and Certificates of Occupancy have been issued for the 12 Residential Lots which take access from Courtland Drive (Lots 1-12).
12.4 Open Space Parcels Acceptance. Per the requirements of Condition of Approval 22 of the Conditions, the offer of dedication for all Public Open Space parcels shall be accepted by the City with separate instruments from the Final Map after all the required grading improvements on said parcels have been accepted as complete by the City Engineer and the public right-of-way for Courtland Drive has been accepted by the City. Acceptance of the grading improvements for the multi-use fields parcel(s) may occur separate from acceptance of the other Public Open Space parcels if the parties agree, through a separate agreement, that Developer will construct additional improvements to the multi-use parcel(s); such acceptance could occur after acceptance of the other Public Open Space parcels.
13. Performance, Labor and Materials and Warranty Security.
13.1 In accordance with Chapter 12.48, “Improvement Security,” of the San Bruno Code, Developer will furnish and deliver to City, within the times set forth below, the following security, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or such other surety as may be acceptable to the City Engineer.
(a) Performance Security. Developer shall furnish and deliver performance security in the amount of TEN MILLION TWO HUNDRED AND FORTY-FOUR THOUSAND dollars ($10,244,000), which is equivalent to one hundred percent (100%) of the approved estimate for the costs of improvements, concurrently with the execution of this Agreement, which security must meet the
64 of 229
7 3073183.2
requirements of Government Code section 66499.1 and San Bruno Code Section
12.48, Improvement Security, and be acceptable to the City Engineer. The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by City in accordance with Section 14 below upon final acceptance of the Improvements as described in Section 12.2 and Developer's delivery of the Warranty Security described in Section 13.1(c). (b) Payment Security. Developer shall furnish and deliver labor and materials security in the amount of TEN MILLION TWO HUNDRED AND FORTY-FOUR THOUSAND dollars ($10,244,000), which is equivalent to one hundred percent (100%) of the approved estimate for the costs of labor and materials, concurrently with the execution of this Agreement, which security must meet the requirements of Government Code section 66499.2 and San Bruno Code Section 12.48, Improvement Security, and be acceptable to the City Engineer. The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. City shall retain the security until both (i) City accepts the Work in accordance with Section 12.2 above and (ii) the statute of limitations to file an action under Civil Code section 8410 et seq. has expired.
The security amount may thereafter be reduced or released by the City Engineer in accordance with Section 14.
(c) Maintenance and Warranty Security. Developer shall furnish and deliver warranty security in the amount of FOUR MILLION NINTY-SEVEN THOUSAND AND SIX HUNDRED dollars ($4,097,600), which is the equivalent of forty percent (40%) of the actual final cost of the Public Improvements, upon acceptance of the Improvements and prior to release of the Performance Security. The security shall be in a form acceptable to the City Engineer and shall guarantee and warrant the Work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.
13.2 If the improvement security is a corporate surety bond and, in the opinion of the City, any surety or sureties thereon become insufficient, the Developer shall renew or replace any such surety with good and sufficient surety or sureties within ten (10) days after receiving from City written demand thereof.
13.3 Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released.
65 of 229
8 3073183.2
13.4 Modifications of the Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Cost of Work, shall not relieve or release any improvement security furnished by Developer pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Cost of Work, Developer shall furnish additional improvement security for, performance, warranty, and payment, as required by Section 13.1 above, for one hundred percent (100%) of the revised Estimated Cost of Work.
13.5 The City’s approved bond forms are attached hereto as Exhibits B, C and D.
14. Partial Reduction or Release of Improvement Security.
14.1 Partial releases or reductions in the Developer’s improvement security may be authorized prior to the City’s acceptance of all Improvements required hereunder, as provided in this Section 14.
14.2 Upon acceptance of all or any specified category of the Improvements by the City Council and upon request of the Developer, the improvement security may be reduced or released as follows:
(a) Security for Performance: The security for performance shall be released upon the final completion of the Work, the City’s acceptance of the Improvements and Developer’s delivery of the warranty security described in Section 13.1(c). At the request of Developer, the Director of Public Works may release a portion of the security for performance in conjunction with the acceptance of part of the Improvements; provided, however, that no such release shall be for an amount less than ten percent (10%) of the total security for performance and such security shall not be reduced to an amount less than seventy-five percent (75%) of the total security for performance until final completion and City acceptance of the Improvements. In no event shall the Director of Public Works authorize a release of the security for performance which would reduce such security to an amount below that required to guarantee the completion of the remaining Work and any other obligation imposed under this Agreement.
(b) Security for Payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six (6) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the
66 of 229
9 3073183.2
payment security shall be released upon settlement or release of all claims and obligations for which the security was given.
(c) If Developer’s obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement security thereof until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Developer’s performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period such agency has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Developer’s performance of the obligation was done to its satisfaction.
15. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all Work performed under this Agreement and all materials used in the Work shall be free from defects and shall perform satisfactorily for a period of one (1) year (except for those manufactured products where extended warranties have been provided, in which case the extended warranty period shall apply) after City’s final acceptance in accordance with Section 12. If, within this warranty period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the Work done under this Agreement, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Developer further agrees that for any Improvement or part of any Improvement that has been repaired, replaced or reconstructed, the warranty period and the Maintenance and Warranty Security for the defective improvement shall automatically be extended for an additional year from the date of completion of such repair, replacement, or reconstruction to insure defects have actually been corrected. Should Developer fail to act promptly or in accordance with the requirement to repair, replace or reconstruct defective or unsatisfactory improvements, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to City upon demand the actual cost of such repairs, replacements or reconstruction.
16. Developer Not Agent of City. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents or employees of City and the Developer's relationship to City, if any, arising herefrom is strictly that of an independent contractor.
17. Indemnification.
17.1 Neither the City, nor its officers, agents nor employees (“City Parties”), shall be liable or responsible for any accident, injury, loss, or damage to either property or person attributable to or arising out of the construction or installation of the
67 of 229
10 3073183.2
Improvements. Developer shall indemnify, hold harmless and defend the City and the City Parties from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys’ fees (“Claims”), arising out of or attributable to Developer’s performance under this Agreement. Notwithstanding the forgoing, Developer shall not be obligated under this Agreement to defend and/or indemnify the City or any City Parties for any Claims to the extent that any Claims are caused by the gross negligence or willful misconduct of the City or City Parties.
17.2 Developer’s obligations under this Section 17 are not conditioned or dependent upon whether the City or City Party prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or whether the City or City Parties have insurance or other indemnification covering any of these matters.
17.3 Developer’s obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property from the design or construction of the Project and Improvements and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Developer’s design or construction of the Improvements, including but not limited to, public drainage systems, streets, and other public facilities. The City’s acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Project or the Improvements constructed or installed pursuant to the approved Improvements Plans or the Final Map.
After City’s acceptance of the Improvements, the Developer shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction under applicable law; provided, however, that the Developer shall not be responsible for routine maintenance. Developer’s obligations under this Section 17 shall remain in effect for ten (10) years following acceptance of the Improvements by the City Council.
Developer acknowledges and agrees that Developer shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement in accordance with the terms hereof, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Developer’s improvement security shall not be required to secure the Developers obligations under this Subsection 17.3 beyond the one-year guarantee and warranty period. If, in any judicial proceedings involving statutory immunity under the Tort Claims Act (Government Code 810, et seq.) asserted by the City, or its officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this
68 of 229
11 3073183.2
Subsection 17.3, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault.
18. Insurance.
18.1 Developer shall, before the release of said Final Map by City for recordation, obtain and maintain in full force and effect during the term of this Agreement, at Developer’s own expense and risk, Worker’s Compensation, a general comprehensive liability insurance policy, and owned, non-owned, and hired automobile liability insurance. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:
Insurance Category
Minimum Limits
Workers' Compensation Statutory minimum.
Employer's Liability $2,000,000.00 per accide nt for bodily injury or disease.
Commercial General Liability $2,000,000.00 per occurrence, $4,000,000.00 aggregate for bodily injury, personal injury and property damage.
Automobile Liability $2,000,000.00 per occurrence for bodily injury and property damage (coverage required to the extent
applicable to Contractor's vehicle usage in performing
work hereunder).
18.2 Any deductibles or self-insured retentions must be declared to the City.
18.3 Prior to the commencement of construction of the Improvements, Developer shall furnish City with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after City shall have received written notification of cancellation or reduction in coverage by first class mail, postage prepaid; (b) Providing that Developer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (cross liability endorsements); (c) Naming City, its Council, commissions, boards, committees, officers, employees and agents as additional insureds; and (d) Providing that Developer’s insurance shall be primary insurance relating to Contractor’s work hereunder with respect to City, its Council,
69 of 229
12 3073183.2
commissions, boards, committees, officers, employees and Agents, and further providing that any insurance or self-insurance maintained by City for itself, its Council, commissions, boards, committees, officers, employees and agents shall not be excess of Contractor's insurance and shall not be contributory with it. Such insurance shall also specifically insure any contractual liability assumed by Developer under the terms of this Agreement, including, but not limited to, the provisions of subsection (a) above.
18.4 In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided.
19. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full force and effect.
20. Compliance with Laws. Developer shall comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the residential development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request.
21. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits and grading permits required by City in order to perform the Work.
22. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work, except for those amounts that Developer is disputing in good faith. Developer further agrees that pursuant to Government Code section 66499.7, the Payment Security provided by Developer in accordance with Section 13.1 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424.
23. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
(1) Developer refuses or fails to commence or complete the Work within the time set forth herein or abandons the Work.
(2) Developer fails to timely cure any defect in the Improvements. (3) Developer fails to perform substantial construction work for a period of thirty (30) calendar days after commencement of the work.
70 of 229
13 3073183.2
(4) Prior to completion of the Project, Developer assigns this Agreement without the consent of City pursuant to Section 30 of this Agreement. (5) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency.
(6) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement in any material respect.
(7) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property.
City may serve written notice of breach and default upon Developer and the financial institution holding the securities.
24. Opportunity to Cure. If City gives Developer notice under Section 23 of breach and default of this Agreement, Developer shall have 30 days within which to correct, remedy or cure the default (or such longer period of time as may reasonably be required, provided that the Developer commence to remedy such default within thirty (30) calendar days period and thereafter diligently prosecute such remedy to completion). If the written notification states that the problem is urgent and relates to the public health and safety, then Developer shall have twenty four (24) hours to correct, remedy or cure the default (or such longer period of time as may reasonably be required, provided that the Developer shall commence to remedy such default within twenty four (24) hours and thereafter diligently prosecute such remedy to completion). If Developer does not cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 25 below.
25. Remedies.
25.1 City reserves to itself all remedies available to it at law or in equity. Any remedies specified herein are in addition to and not in lieu of other remedies available to City.
25.2 City may proceed to complete the Work by contract or other method City considers advisable, at the sole expense of Developer. Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs.
City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the securities shall be liable to City to pay the face amount of the security, as specified under Section 13.
71 of 229
14 3073183.2
25.3 City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs or pursue any other action at law or equity.
25.4 No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder.
25.5 The rights and remedies of City are cumulative, and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default.
26. Final Drawings. Upon completion of the Work and prior to final acceptance, Developer shall deliver to City a set of “as-built” drawings consistent with the Conditions. These drawings shall be in a form acceptable to the City Engineer, shall be certified as being “as-built” and shall reflect the Work as actually constructed, with any and all changes incorporated therein.
Said drawings shall be signed and sealed as accurate by the engineer of record.
27. Monuments. All pipes and monuments shown on the Final Map which are destroyed or displaced during construction operations shall be replaced by Developer at the time of the final inspection of the Improvements, if any.
28. Attorneys' Fees and Costs. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be determined by the court or arbitrator.
29. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:
To the Developer: Toll West Coast, LLC
6800 Koll Center Parkway Suite 320
Pleasanton CA 94566
To Arroyo (owner): Arroyo Cap V-3, LLC
18575 Jamboree Road, Suite S-350,
Irvine, CA 92612
To the City: City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Manager
72 of 229
15 3073183.2
With a copy to: City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Attorney
30. Assignment by Developer Prior to Project Completion. Prior to the completion of the initial construction of the Project, as evidenced by issuance of a certificate of occupancy by the City, the Developer may only assign this Agreement with prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. The documentation of such assignment shall be in the form of an assignment and assumption agreement acceptable to the City.
31. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto.
32. Interpretation. The word “including” shall be construed as if followed by the words “without limitation.” All exhibits and attachments to this Agreement are incorporated by reference as though fully restated herein. This Agreement shall be interpreted as though prepared jointly by both parties. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement.
33. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect.
34. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of all parties hereto.
35. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions.
Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Mateo, State of California.
36. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.
73 of 229
16 3073183.2
37. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.
38. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of San Mateo County. Upon completion of performance and satisfaction by Developer of its obligations under this Agreement, including warranty obligations, a written statement shall be recorded by City in the Official Records of San Mateo County terminating this Agreement and releasing all of the Property. The recorded written statement does not release the parties from obligations that survive termination of the Agreement, including indemnification.
74 of 229
17 3073183.2
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Date.
DEVELOPER
By: ________________________
[Signature must be notarized]
CITY
CITY OF SAN BRUNO,
a municipal corporation
____________________________
Alex McIntyre, City Manager
[
Signature must be notarized]
APPROVED AS TO FORM:
By:__________________________
Trisha Ortiz, City Attorney
ATTEST:
____________________________
Lupita Huerta, City Clerk
75 of 229
A–1
3073183.2
Exhibit A
Legal Description of the Property
76 of 229
B–1
1929\08\2947501.2
Exhibit B
FORM OF FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of San Bruno (“City”), County of San Mateo, State of California, and ________, (hereinafter designated as “Principal”) have entered into a Subdivision Improvement Agreement dated __________, 20__ (“Agreement”), the terms and conditions of which are incorporated herein by reference, whereby Principal agrees to install and complete certain designated public improvements for the following project:
[Project Title]
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement;
NOW, THEREFORE, we, the Principal, and __________________________, organized and existing under the laws of the State of __________ and authorized to execute bonds and undertaking as sole surety in the State of California, as Surety, are held and firmly bound unto the City of San Bruno, County of San Mateo, State of California, in the penal sum of _____dollars ($___) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
This bond is executed and filed to comply with the provisions of the act of the Legislature of the State of California as designated in Government Code Sections 66499 and 66499.1 and all amendments thereto.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its Council, Commissioners, boards, committees, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby
77 of 229
B–2
1929\08\2947501.2
waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS THEREOF, the above bounden parties have executed this instrument under their seals this __________ day of 20__ the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
ATTEST: Principal:
By:
(SEAL)
By _________________(s)
(Witness as to Principal)
(Address)
(Address)
Surety
ATTEST:
Witness to Surety Attorney-in-Fact
(Address)
If PRINCIPAL is partnership, all partners must execute BOND.
78 of 229
C–1
1929\08\2947501.2
Exhibit C
FORM OF PAYMENT BOND
WHEREAS, the City of San Bruno (“City”), County of San Mateo, State of California, and ____, (hereinafter designated as “Principal”) have entered into a Subdivision Improvement Agreement dated __________, 20__ (“Agreement”), the terms and conditions of which are incorporated herein by reference, whereby Principal agrees to install and complete certain designated public improvements for the following project:
[Project Title]
WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, we, the Principal and _______________, organized and existing under the laws of the State of __________, and duly licensed to trans surety business in the State of California, and authorized to execute bonds and undertaking as sole surety, as Surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California in the sum of _____dollars ($_____), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California, so as to give a right of action to them or their assignees in suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF , the above bounden parties have executed this instrument under their seals this ____ day of ______ ,20__ the name and corporate seal of each corporate party
79 of 229
C–2
1929\08\2947501.2
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
ATTEST: PRINCIPAL:
By:
(SEAL)
By _________________(s)
(Witness as to Principal)
(Address)
(Address)
Surety
ATTEST:
Witness to Surety Attorney-in-Fact
(Address)
If PRINCIPAL is partnership, all partners must execute BOND.
80 of 229
D–1
1929\08\2947501.2
Exhibit D
FORM OF WARRANTY BOND
WHEREAS, the City of San Bruno (“City”), County of San Mateo, State of California, and ____, (hereinafter designated as “Principal”) have entered into a Subdivision Improvement Agreement dated ___________, 20__ (“Agreement”), the terms and conditions of which are incorporated herein by reference, whereby Principal agrees to install and complete certain designated public improvements for the following project:
[Project Title]
WHEREAS, said Principal is required under the terms of said Agreement to provide a warranty security.
NOW, THEREFORE , we, the Principal and _________________ of _______________ organized and existing under the laws of the State of ___________, duly licensed to transact surety business in the State of California and authorized to execute bonds and undertaking as sole surety, as Surety, are hereby held and firmly bound unto the City in the amount of ____dollars ($____), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents..
THE CONDITION OF THIS OBLIGATION IS SUCH THAT , if principal (or its heirs, executors, administrators, successors, or assigns approved by the City) performs the covenants, conditions, and obligations of the warranty requirements of Section 13.1(c) of the Agreement, including the obligation to indemnify, defend, and hold harmless the City, set forth in Section 17, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The Surety’s obligation under this bond shall hold good for a period of one (1) year from the date of the City’s acceptance of said work.
The Surety’s obligation under this bond shall arise after the City has provided written notice to the Surety, at the address set forth below, of the Principal’s default under the Agreement, and the Principal’s failure to cure the default in accordance with the terms of the Agreement.
The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by any modification to the Agreement by the City and the Principal, and the Surety hereby waives notice of any such modification.
In the event suit is brought upon this bond, the surety shall pay reasonable attorneys’ fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the
81 of 229
D–2
1929\08\2947501.2
Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.
ATTEST: PRINCIPAL:
By:
(SEAL)
By _________________(s)
(Witness as to Principal)
(Address)
(Address)
Surety
ATTEST:
Witness to Surety Attorney-in-Fact
(Address)
If PRINCIPAL is partnership, all partners must execute BOND.
82 of 229
D–3
1929\08\2947501.2
Exhibit E
PROPERTY OWNER CONSENT TO RECORD
83 of 229
D–4
1929\08\2947501.2
Exhibit F
TOLL WEST COAST, LLC REIMBURSEMENT AGREEMENT
84 of 229
D–5
1929\08\2947501.2
Exhibit G
CONSENT TO THE ASSIGNMENT AND ASSUMPTION AGREEMENT
85 of 229
COURTLAND DRIVE (PUBLIC)
COURTLAND DRIVE (PUBLIC)
PARCEL H
PARCEL I
PARCEL M
OPEN SPACE
DEDICATED TO THE
CITY OF SAN BRUNO
(FLAT OPEN SPACE)
PARCEL J
PLANNED UNIT PERMIT PRIVATE OPEN SPACE,
VEGETATION MANAGEMENT & HABITAT AREA
(SLOPED OPEN SPACE)
(PAE)
PARCEL II
PARCEL A
PARCEL A
PARCEL D
PARCEL C
PARCEL E
PARCEL F
PARCEL G
PARCEL B
PARCEL B
PARCEL KPLANNED UNIT PERMIT PRIVATE OPEN SPACE(SLOPED OPEN SPACE)
PARCEL L
COURTLAND DRIVE STREETPARCEL TO BE DEDICATED TO
THE CITY OF SAN BRUNO
(PUBLIC)
123456
7 8
13 1415
16 17
18 34
33 32
31 30
29 19202122
35 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 98
99 100
101
102
103
104
105
97 106
107
108
109
110
111
112
113
114
115
116
117
118119
120
155
153
152
151
150
149
148 147 146 145 144 143 142
141
140
139
138
137
136
135
134 133 132 131 130 129 127
126 125 124 123 122
128154
9 10
11 12 28
27 26
25 2324
36373839
40414243444546
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
68 69
70 71
6772
121
PARCEL OOPEN SPACE ACCESSHOA PARCEL (EVAE)
PARCEL P
OPEN SPACE ACCESSHOA PARCEL (EVAE)
PARCEL NOPEN SPACE DEDICATED TOTHE CITY OF SAN BRUNO(FLAT OPEN SPACE)
PARCEL LL
COURTLAND DRIVE
OPEN SPACE PARCEL FORRECREATIONAL & PARKINGUSE TO BE DEDICATED TOTHE CITY OF SAN BRUNO (PUBLIC)
STREET PARCELDRIVEWAY ACCESS EASEMENT
DRIVEWAY ACCESS EASEMENT
BIORETENTION AREA MAINTATINEDBY THE CITY OF SAN BRUNO
PSDE MAINTAINEDBY HOA
PSDE MAINTAINEDBY HOA
F:\3314-000\ACAD\EXHIBIT\XB-105 - HOA MAINTENANCE.DWG
HOA MAINTENANCE
300 PIEDMONT AVENUE
CITY OF SAN BRUNO SANTA CLARA COUNTY CALIFORNIA SCALE: 1" = 60'DATE: MAY 27, 2025
15 10 5 0CIVIL ENGINEERSSURVEYORSPLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND
PROPOSEDDESCRIPTION EXISTING
ABBREVIATIONS
86 of 229
ATTACHMENT 4
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 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
Dalia Manaois, P.E., Principal Civil Engineer
SUBJECT: Consider Adoption of a Resolution Adopting a List of Projects for Fiscal Year 2025-26 Funded by SB1: The Road Repair and Accountability Act of 2017
BACKGROUND:
The City of San Bruno’s (City) Capital Improvement Program (CIP) includes the Pavement Management Program (PMP) to repair and apply preventative maintenance treatment to local, collector, and arterial streets. The PMP provides an ongoing condition assessment of City streets and recommends the streets to be selected for rehabilitation to cost effectively maximize pavement longevity. Street condition is measured in terms of pavement condition index (PCI), a numerical index between 0 and 100 in which 0 represents a failed street and 100 represents a newly repaved street. The City maintains approximately 89 miles of streets, and the City has a current average PCI score of 63.
Like other cities throughout the Bay Area, the City utilizes the Metropolitan Transportation Commission’s (MTC) Streetsaver program to serve as a database for tracking the condition of streets throughout the City and to recommend streets to be selected for pavement maintenance. Streetsaver analyzes the pavement lifecycle of each individual street in order to select the appropriate treatment to apply. While the Streetsaver prioritization methodology maximizes the City’s average PCI for the entire network, it also defers maintenance for those streets that are in the worst shape due to insufficient PMP funding.
The CIP budget allocated for the PMP is being supplemented by funding provided to the City by the passage of Senate Bill 1 (SB1) also referred to as the Road Repair and Accountability Act of 2017. SB1 created the Road Maintenance and Rehabilitation Account (RMRA) and increased the fuel excise taxes and vehicle registration fees in order to fund road maintenance and rehabilitation projects on local streets and roads systems. The State began collecting this new funding source on November 1, 2017. For the upcoming Fiscal Year 2025-26, the City is projected to receive an estimated $1,191,697 of SB1 funding.
The 2023 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an “at-risk” condition (PCI 50-69) and this revenue will contribute towards the maintaining of the roadway network within the City.
In an effort to facilitate accountability and transparency within SB1 and prior to receiving funding from the State, each local agency is required to submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with the SB1 funds and adopt those 87 of 229
Item 6h.
Honorable Mayor and Members of the City Council
June 10, 2025
1 0
1 2
projects by resolution at a regular public meeting. This project list and resolution adopting those projects must be submitted to the CTC for approval by July 1, 2025, in order to receive SB1 funding for the upcoming fiscal year. In September 2017, rather than continuing to defer maintenance on failed streets the City Council recommended that this new funding source be utilized to perform reconstruction on some of the City’s worst streets to reduce the deferred maintenance backlog. Selection of the street segment to receive reconstruction was made by prioritizing the street rehabilitations at locations that would provide the most benefit to City residents.
DISCUSSION:
In 2017, a City Council Subcommittee recommended a methodology for prioritizing and selecting street segments to receive rehabilitation utilizing SB1 funds. That methodology was developed by directing staff to prioritize the rehabilitation of streets in the worst condition and to use selection criteria such that the streets selected for reconstruction would provide the highest public benefit. Since the allocated funds are insufficient to reconstruct all the worst streets, an assessment was created to equitably determine which streets should be prioritized for reconstruction that would provide the most benefit to City residents. The evaluation considered the following factors: existing pavement condition, proximity to public parks, gathering places, schools, bus routes, multi-family residential (MFR) buildings with at least three units, and property density. Each street can receive up to ten possible points, with point breakdowns as shown in Table 1 below and the highest scoring streets being prioritized and recommended for reconstruction.
Table 1 – SB1 Prioritization Point Breakdown
FACTOR POINTS
PCI 4 POINT MAX
MFR 2 POINT MAX
SCHOOL 1 POINT
PARK 1 POINT
GATHERING 1 POINT
BUS ROUTE 1 POINT
DENSITY TIEBREAKER
Streets in the worst shape with PCI 0-10 are allocated four points while streets in better shape with PCI 31-40 receive one point. A street that contains at least 25% MFR buildings is allocated two points while a street with at least one MFR building receives one point. Property density is calculated by dividing the pavement area by the number of properties on that street with the denser streets ranking higher. Property density is used as a tiebreaker for streets with the same point scores. For reference, PCI and density information are provided in Attachment 2. 88 of 229
Honorable Mayor and Members of the City Council
June 10, 2025
1 0
1 2
Based on this selection methodology, the 2021-2022 Street Reconstruction Project was recommended to be constructed utilizing SB1 in previous fiscal years 2018-19 through 2021-22 as listed in Table 2.
Table 2 – Project List for Fiscal Year 2018-19 through 2021-22
STREET NAME BEGIN END
EASTBURN CT WHITMAN WY CUL-DE-SAC
MILLS AVE KAINS AVE SAN BRUNO AVE
SANTA HELENA AVE SAN ANTONIO AVE EL CAMINO REAL
POPLAR AVE CRYSTAL SPRINGS AVE ALLEN ELEMENTARY
BAYSHORE CIRCLE (WB) HUNTINGTON AVE (EAST) HERMAN STREET
DARBY PLACE CRESTMOOR DR END
OXFORD LN NORTH END SOUTH END
MONTGOMERY AVE WALNUT ST SCOTT ST
PARKVIEW CT PARKVIEW DR END
The bids received exceeded the available SB1 funding amounts, and Fiscal Year 2023-24 and 2024-25 SB1 funds were utilized to complete the construction of the 2021-22 Street Reconstruction Project. Construction is substantially complete and any remaining project funds will be utilized toward the design and construction of streets previously listed in Fiscal Year 2023-24 as listed in Table 3.
Table 3 – Project List for Fiscal Year 2025-26*
STREET NAME BEGIN END
SCENIC COURT PARKVIEW DRIVE END
LOMITA AVENUE LINDEN AVENUE CITY LIMITS
HAMILTON AVENUE TRENTON AVENUE CRESTMOOR DRIVE
* Originally the Project List for Fiscal Year 2023-24
The reconstruction of the above listed street segments in Table 3 will be completed as part of the 2025-26 Street Reconstruction Project. Design on this project is anticipated to begin Summer 2025 and with construction anticipated to begin in the Spring 2026.
FISCAL IMPACT:
The City is required to identify the specific streets to be repaired using SB1 funds in FY2025-26 in order to be eligible to receive the funding. The City is projected to receive an estimated $1,191,697 of SB1 funding. The RMA account is projected to have an available balance of $900,000 as of June 30, 2025. After the year-end close, staff will return to Council to request authority to use the actual available balance to augment either the 2025-26 or the 2026-27 pavement management program budget.
89 of 229
Honorable Mayor and Members of the City Council
June 10, 2025
1 0
1 2
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:
Consider adoption of a resolution adopting a list of projects for Fiscal Year 2025-26 funded by SB1: The Road Repair and Accountability Act of 2017.
ALTERNATIVES:
1. Direct staff to amend the proposed prioritization methodology for use of SB1 funds.
2. Select different street segments to be repaired in FY2025-26 using SB1 funds.
ATTACHMENTS:
1. Resolution
2. Prioritization List for Street Reconstruction
3. Project Location Map
90 of 229
THIS PAGE INTENTIONALLY LEFT BLANK
91 of 229
RESOLUTION NO. 2025 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB1), The Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of the City of San Bruno (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive $1,191,697 in RMRA funding in Fiscal Year 2025-26 from SB1; and
WHEREAS, this is the ninth year in which the City is receiving RMRA funding and enables the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the reconstruction of streets that would provide the highest public benefit; and
WHEREAS, RMRA funding will help the City maintain and rehabilitate three roads this year and on similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will significantly help in reducing the City’s deferred maintenance backlog; and WHEREAS, the City must identify the specific streets to be repaired using RMRA funds in Fiscal Year 2025-26.
92 of 229
$77$&+0(17
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno as follows:
1. The foregoing recitals are true and correct.
2. The following previously proposed and adopted projects may also utilize Fiscal Year 2025-26 RMRA revenues in their delivery. With the relisting of these projects in this resolution, the City reaffirms to the public and the State its intent to fund these projects with RMRA revenues:
3. The City Manager or designee is authorized to submit the project list and application for RMRA funds to the California Transportation Commission. ---oOo---
I hereby certify that foregoing Resolution No. 2025 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on June 10, 2025, by the following vote:
AYES:
NOES:
ABSENT:
Lupita Huerta, City Clerk
Project Name Description Location Scheduled
Start
Scheduled
Completion
Useful
Life
2025-26 Street
Reconstruction
Project
(formerly 2023-
24 Street
Reconstruction
Project)
This project includes the
design and construction to
reconstruct or rehabilitate
various project streets.
Included project elements
are pavement design,
preparation of contract
documents, installation of
accessible curb ramps,
and pavement
reconstruction of failed
streets.
Project streets are
located as follows:
Scenic Court
between Parkview
Drive and End,
Lomita Avenue
between Linden
Avenue and City
Limits, and
Hamilton Avenue
between Trenton
Drive and
Crestmoor Drive
July 2025 June 2027 15 YRS
93 of 229
Prioritization List for Street Reconstruction
RANKING SCORE** STREET BEGIN END PCI * Bus Route School Gathering Place Recreation MFR Ratio DENSITY
(SF/PROPERTY)
Pavement
Area (SF)
1 4 SCENIC COURT PARKVIEW DRIVE END 3 --- --- --- --- 0% 662 7,285 2 4 LOMITA AVENUE LINDEN AVENUE CITY LIMITS 4 --- --- --- --- 0% 792 15,840 3 4 HAMILTON AVENUE TRENTON DRIVE CRESTMOOR DRIVE 4 --- --- --- --- 0% 817 24,505 4 4 TOYON WAY ROLLINGWOOD DRIVE CATALPA WAY 1 --- --- --- --- 0% 830 33,180 5 4 BAYSHORE CIRCLE EB HUNTINGTON AVE EAST HERMAN STREET 4 --- --- --- --- 0% 875 10,500 6 4 ALCOTT DRIVE BENNINGTON DRIVE ROSEWOOD DRIVE 1 --- --- --- --- 0% 998 23,954 7 4 WENTWORTH DRIVE N. CITY LIMITS OLYMPIC DRIVE 5 --- --- --- --- 0% 1,158 19,680 8 4 MORELAND DRIVE RIVERSIDE DRIVE LONGVIEW DRIVE 2 X --- --- --- 0% 3,570 32,130 9 3 REID AVENUE LINDEN AVENUE ELM AVENUE 8 --- --- --- --- 0% 624 9,990 10 3 LINDEN COURT LINDEN AVENUE CUL-DE-SAC 11 --- --- --- --- 0% 670 5,361 11 3 DIAMOND STREET HERMAN STREET BUENA VISTA AVENUE 26 --- --- --- X 0% 701 9,810 12 3 CHILTON LANE HIGHLAND DRIVE END 7 --- --- --- --- 0% 742 18,560 13 3 PALOMAR COURT DONNER AVENUE DEAD END 12 --- --- --- --- 0% 745 18,617 14 3 MONTGOMERY AVENUE SCOTT STREET NORTH CITY LIMITS 8 --- --- --- --- 0% 808 33,120 15 3 FLEETWOOD DRIVE CATALPA WAY ROLLINGWOOD DRIVE 25 --- --- --- X 0% 896 76,125 16 3 LOWELL AVENUE BENNINGTON DRIVE ROSEWOOD DRIVE 13 --- --- --- --- 0% 984 28,544 17 3 KEEFE COURT ROSEWOOD DRIVE CUL-DE-SAC 13 --- --- --- --- 0% 1,019 6,112 18 3 LONDON COURT CRESTMOOR DRIVE CUL-DE-SAC 14 --- --- --- --- 0% 1,097 23,030 19 3 POPLAR AVENUE SANTA LUCIA AVENUE CRYSTAL SPRINGS AVENUE 38 --- --- X --- 2% 1,129 50,804 20 3 BRYANT WAY SKYLINE BLVD CUL-DE-SAC 14 --- --- --- --- 0% 1,235 16,052 21 3 ATLANTIC AVENUE SAN MATEO AV RR TRACKS 11 --- --- --- --- 0% 1,558 9,350 22 3 ROLLINGWOOD DRIVE SNEATH LANE FLEETWOOD RIVE 13 X --- --- --- 0% 1,781 62,320 23 3 HIGHLAND DRIVE ELSTON DRIVE PACIFIC HEIGHTS BLVD 9 --- --- --- --- 0% 2,610 26,096 24 3 HUNTINGTON AVENUE SNEATH LANE NOOR AVENUE (N. CITY LIMITS) 20 X --- --- --- 0% 10,080 60,480 25 3 CRYSTAL SPRINGS RD PUMP STATION CRESTMOOR DRIVE 36 --- --- --- --- 100% 53,000 53,000 26 3 COLLEGE DRIVE WB SKYLINE BLVD. SUSAN DRIVE 28 X --- --- --- 0% 15,370 27 2 BUENA VISTA AVENUE EAST HUNTINGTON AVENUE HERMAN STREET 31 --- --- --- --- 13% 639 10,230 28 2 BIRCH COURT GREENWOOD DRIVE CUL-DE-SAC 26 --- --- --- --- 0% 797 7,174 29 2 LEXINGTON WAY KINGSTON AVENUE CRESTMOOR DRIVE 24 --- --- --- --- 0% 831 29,087 30 2 CHERRY AVENUE PARK AVENUE SAN BRUNO AVENUE 24 X --- --- --- 0% 933 39,200 1 94 of 229
ATTACHMENT 2
Prioritization List for Street Reconstruction
31 2 CORONADO WAY END HIGHLAND DRIVE 25 --- --- --- --- 0% 959 37,408 32 2 EUCALYPTUS WAY ROLLINGWOOD DRIVE SEQUOIA AVENUE 20 --- --- --- --- 0% 991 36,680 33 2 ELDER COURT EUCALYPTUS WAY CUL-DE-SAC 24 --- --- --- --- 0% 998 5,988 34 2 ARBOR COURT GREENWOOD DRIVE CUL-DE-SAC 25 --- --- --- --- 0% 1,001 6,004 35 2 PIEDMONT AVENUE CRESTMOOR DRIVE MADISON AVENUE 20 --- --- --- --- 0% 1,148 33,300 36 2 OAKMONT DRIVE OLYMPIC DRIVE N. CITY LIMITS 19 --- --- --- --- 0% 1,158 74,100 37 2 RIVERSIDE DRIVE SNEATH LANE MORELAND DRIVE 34 X --- --- --- 0% 1,451 15,960 38 2 SKYLINE BLVD CAMBRIDGE LANE BRYANT WAY 24 --- --- --- --- 0% 1,818 27,270 39 2 HIGHLAND DRIVE MOULTON DRIVE YSABEL DRIVE 24 --- --- --- --- 0% 1,894 20,832 40 2 GLENVIEW DRIVE RIDGEWAY AVENUE SAN BRUNO AVENUE 39 --- --- --- --- 10% 5,550 55,500 41 2 SAN BRUNO AVENUE WB 100 W/O CRESTMOOR DRIVE GLENVIEW DRIVE 26 --- --- --- --- 0% 7,085 28,340 42 2 SAN BRUNO AVENUE WB GLENVIEW DRIVE SKYLINE BLVD 22 --- --- --- --- 0% 10,250 10,250 43 2 BAYHILL DRIVE CHERRY AVENUE END 17 --- --- --- --- 0% 10,500 31,500 44 1 PEPPER DRIVE CEDAR AVENUE CEDAR AVENUE 31 --- --- --- --- 0% 577 39,806 45 1 WHITECLIFF WAY TRENTON DRIVE CHARLESTON AVENUE 29 --- --- --- --- 0% 674 16,849 48 1 OLIVE COURT KAINS AVENUE CUL-DE-SAC 35 --- --- --- --- 0% 716 13,603 46 1 TURNBERRY DRIVE N. CITY LIMITS ST. CLOUD DRIVE 39 --- --- --- --- 0% 733 17,600 47 1 SYCAMORE AVENUE KAINS AVENUE MAGNOLIA AVENUE 35 --- --- --- --- 0% 746 34,320 48 1 COLUSA COURT SNEATH LANE CUL-DE-SAC 35 --- --- --- --- 0% 760 9,117 50 1 SUMMIT ROAD SUSAN DRIVE ELSTON DRIVE 36 --- --- --- --- 0% 800 28,800 51 1 PLUMWOOD PLACE CHESTNUT AVENUE END 36 --- --- --- --- 0% 805 4,830 52 1 INYO COURT SNEATH LANE CUL-DE-SAC 28 --- --- --- --- 0% 851 9,364 53 1 RIDGEWAY AVENUE CRESTMOOR DRIVE SKYLINE BLVD 35 --- --- --- --- 0% 861 21,518 54 1 KINGSTON AVENUE TRENTON DRIVE CRESTMOOR DRIVE 36 --- --- --- --- 0% 919 22,968 55 1 LINDEN AVENUE KAINS AVENUE ELM AVENUE 30 --- --- --- --- 0% 991 22,788 56 1 RIVIERA COURT END OAKMONT DRIVE 29 --- --- --- --- 0% 997 12,965 57 1 SCOTT STREET SAN MATEO AVENUE HERMAN STREET 30 --- --- --- --- 0% 1,272 6,358 58 1 FLEETWOOD DRIVE ROLLINGWOOD DRIVE BERKSHIRE DRIVE 24 --- --- --- --- 0% 1,273 98,040 59 1 GREENWOOD WAY ROLLINGWOOD DRIVE COTTONWOOD DRIVE 40 --- --- --- --- 0% 1,392 6,960 60 1 PEACHWOOD COURT CHESTNUT AVENUE CUL-DE-SAC 27 --- --- --- --- 0% 1,445 23,121 61 1 EXETER DRIVE SUNSET DRIVE YSABEL DRIVE 40 --- --- --- --- 0% 2,140 32,096 * PCI as of June 2021
** Scores consistent with FY2022-2023
2 95 of 229
2025-26 STREET RECONSTRUCTION PROJECT
ATTACHMENT 3
96 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 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 Committing to Take Steps Toward Achieving Compliance with The Metropolitan Transportation Commission’s (MTC's) Transit-Oriented Communities (TOC) Policy as a Condition for MTC to Allocate Regional Discretionary Funding to the Specific Plan and Zoning Code Amendments, Parking Management, and Housing Policy Development Projects
BACKGROUND
In 2022, the Metropolitan Transportation Commission (MTC) adopted the Transit-Oriented Communities (TOC) Policy to support the region’s transit investments by creating communities around transit stations and along transit corridors that not only enable transit ridership, but also are places where Bay Area residents of all abilities, income levels, and racial and ethnic backgrounds can live, work, and access services. TOC Policy applies to locations within a half mile of existing and planned stops and stations served by Bay Area transit systems including BART, Caltrain, Muni and VTA light rail stations, and bus rapid transit stops. San Bruno has one Tier 2 Station (San Bruno BART) and one Tier 3 Station (San Bruno Caltrain).
TOC Policy requirements for local jurisdictions include minimum residential and commercial office densities for new developments, adoption of affordable housing production, preservation, and protection policies as well as requirements for stabilizing businesses to prevent displacement. Additional requirements for parking management and transit station access are also applicable.
Compliance with the TOC policy requirements is necessary for cities to be eligible for transportation funding, including One Bay Area Grant (OBAG) funding cycles. In the past three rounds of OBAG funding, the City has received close to $3 million for rehabilitation of Huntington/San Antonio Street, bicycle and pedestrian improvements on Huntington Avenue, and pedestrian and median improvements on San Bruno Avenue. To be eligible for the next round of OBAG funding, the City must demonstrate a level of compliance with the TOC Policy by January 2026. Key transportation improvements that would request future OBAG funding could include Segment 2 of the Huntington Avenue bicycle and pedestrian improvements, implementation of Transit Corridors Plan (TCP) streetscape improvements on San Bruno Avenue, the Scott Street grade separation, bicycle boulevards on Elm and Linden Avenues, and Safe Routes to School improvements.
97 of 229
,WHPL
Honorable Mayor and Members of the City Council
June 10, 2025
In October 2024, MTC announced its grant program which allocated $60 Million in planning and capital grants to provide support to cities to achieve compliance with TOC Policy. $20 Million was set aside for grants to cities for planning and implementation of specific TOC elements such as the adoption of TOC-compliant zoning amendments, housing policies, parking management, and planning for station access and circulation. The Community Development Department submitted a grant application to the MTC in November of 2024 to assist with amending City policies to be compliant with the TOC Policy.
DISCUSSION:
MTC provided official notification in March that the City of San Bruno was awarded $400,000 in grant funds. $300,000 of the grant funds are allocated to assist City staff in amending Specific Plans and zoning regulations to establish intensity and residential densities that are consistent with the TOC Policy for the associated Tier 2 and Tier 3 station areas. The remaining $100,000 of the grant funds are allocated to assist the City in developing parking management policies, such as amending minimum and maximum vehicular and bicycle parking requirements for consistency with the TOC policy and codifying that projects are required to comply with the C/CAG TDM policy.
In addition, the City of San Bruno is also a co-applicant on a multi-jurisdictional housing fee nexus and inclusionary housing policy study, referred to as the Grand Nexus and Feasibility Study, to be led by 21 Elements on behalf of the Cities of Belmont, Brisbane, Daly City, Menlo Park, Redwood City, San Bruno, and San Mateo. MTC awarded the multi-jurisdictional grant application $500,000 to study residential and commercial impact fees to support affordable housing in San Mateo County. Nexus studies are required by law to impose impact fees, and the feasibility study will update the appropriate fee for San Bruno and other participating jurisdictions based on local economic conditions. San Bruno adopted citywide development impact fees in 2019 and adopted development impact fees for the Bayhill Specific Plan area in 2023. The grand nexus study will inform any necessary updates to those adopted development impact fees based on changing economic conditions.
To accept the grant awards, the City Council is required to adopt a resolution, included in Attachment 1. The resolution states that the City of San Bruno intends to take steps toward achieving compliance with the MTC’s Transit-Oriented Communities Policy as a condition for MTC to allocate regional discretionary funding to three projects the City is leading and participating in, including Specific Plan and Zoning Amendments, Parking Management, and Housing Policy Development. In addition, the resolution authorizes the City Manager to execute an MTC-required waiver of claims and indemnification agreement associated with the grants.
FISCAL IMPACT:
There is no fiscal impact with this action. Acceptance of the grant funds will allow the work necessary to achieve compliance with the MTC TOC Policy to be accomplished without any use of the General Fund resources. The grant funds will be used for consultant support, and staff time will be funded by the General Plan Maintenance Fund.
98 of 229
Honorable Mayor and Members of the City Council
June 10, 2025
ENVIRONMENTAL REVIEW:
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:
Consider Adoption of a Resolution of the City Council of the City of San Bruno Committing to Take Steps Toward Achieving Compliance with the Metropolitan Transportation Commission’s (MTC's) Transit-Oriented Communities (TOC) Policy as a Condition for MTC to Allocate Regional Discretionary Funding to the Specific Plan and Zoning Code Amendments, Parking Management, and Housing Policy Development Projects
ALTERNATIVES:
1. Do not adopt resolution refer back to staff for more information.
ATTACHMENTS:
1. Resolution
99 of 229
1 RESOLUTION NO. 2025 - __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO COMMITTING TO
TAKE STEPS TOWARD ACHIEVING COMPLIANCE WITH THE METROPOLITAN TRANSPORTATION COMMISSION’S (MTC'S) TRANSIT-ORIENTED COMMUNITIES (TOC)
POLICY AS A CONDITION FOR MTC TO ALLOCATE REGIONAL DISCRETIONARY
FUNDING TO THE SPECIFIC PLAN AND ZONING CODE AMENDMENTS, PARKING
MANAGEMENT, AND HOUSING POLICY DEVELOPMENT PROJECTS
WHEREAS, on September 28, 2022, the MTC adopted Resolution 4530, the TOC Policy; and
WHEREAS, the TOC Policy incentivizes local jurisdictions to plan and zone for higher residential and commercial densities in areas within one half-mile of existing and planned fixed- guideway transit stops and stations to support the region’s transit investments and implement key GHG reduction strategies from Plan Bay Area 2050; and WHEREAS, incentivizing local jurisdictions to also adopt policies focused on increasing housing production of all types, particularly affordable housing production, preservation and protection, commercial anti-displacement and stabilization, parking management, and transit station access and circulation further supports regional transit investments and Plan Bay Area 2050 implementation; and
WHEREAS, in 2023 MTC identified San Bruno BART as a Tier 2 TOC and San Bruno Caltrain as a Tier 3 TOC in The City of San Bruno; and
WHEREAS, MTC conditions the allocation of regional discretionary funding for fixed- guideway transit extension projects on compliance with the TOC Policy, and MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and
WHEREAS, the TOC Policy establishes different compliance expectations for existing and planned station areas based on the level of transit service; and WHEREAS, the TOC Policy identifies four TOC Policy areas (density, housing affordability, parking, and access/circulation); and
WHEREAS, on September 30, 2024 the MTC announced a Call for Projects for TOC Planning and Implementation Grants, and informed local jurisdictions of a November 22, 2024 deadline for submittals of Applications, as well as grant application guidance and requirements including compliance with the Transit Oriented Communities Policy; and WHEREAS, the City of San Bruno submitted a grant application to MTC for $650,000 for Specific Plan and Zoning Code Amendments, Parking Management, and Housing Policy Development Projects in response to the MTC’s Call for TOC Planning and Implementation Projects; and
100 of 229
$77$&+0(17
2 WHEREAS, the City of Belmont submitted a grant application to MTC for $620,000 for the Multi-jurisdictional Grand Nexus and Feasibility Study in the Housing Policy Development (Production) area in response to the MTC’s Call for TOC Planning and Implementation Projects; and
WHEREAS, the City of Belmont accepted a grant award from MTC on April 22, 2025 for $500,000 for the Multi-jurisdictional Grand Nexus and Feasibility Study in response to the MTC’s Call for TOC Planning and Implementation Projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of San Bruno, based on the facts in the staff reports, written and oral testimony and exhibits presented:
1. That the City of San Bruno intends to work cooperatively with the City of Belmont and other cities on the Multi-jurisdictional Grand Nexus Study, with partial funding provided by the grant award from MTC and commits to completing the city’s tasks associated with the Multi-jurisdictional Grand Nexus and Feasibility Study work scope following an MTC grant award by applying for these funds; and
2. That the City of San Bruno accepted a grant award from MTC for $400,000 for the Specific Plan and Zoning Code Amendment and Parking Management Projects in response to the MTC’s Call for TOC Planning and Implementation Projects and commits to completing the associated Specific Plan and Zoning Code, Parking Management, and Housing Policy Development work scopes following an MTC grant award by applying for these funds; and
3. That the City of San Bruno intends to adopt relevant policy updates emerging from the work completed through the Specific Plan and Zoning Code Amendments, Parking Management, and Multi-jurisdictional Grand Nexus and Feasibility Study grant to comply with the TOC Specific Plan and Zoning Code, Parking Management, and Housing Policy Development requirements; and
4. That the City Council authorizes the City Manager to execute a waiver of claims and indemnification agreement associated with the grant funding. ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on June 10, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT Councilmembers:
_____________________________
Lupita Huerta, City Clerk
101 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Meghan Rosin, Senior Center Manager
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute a Contract with CCI Catering, dba Creekside Grill for the Provision of Catering Services for the San Bruno Senior Center Congregate Nutrition Lunch Program for an Amount Not to Exceed $375,000 for Fiscal Year 2025-26
BACKGROUND:
The San Bruno Senior Center operates a Congregate Nutrition Lunch program which is federally funded by the Older Adults Act Grant and managed through the County of San Mateo.
The San Bruno Nutrition Lunch Program serves lunch to approximately 120 participants daily Monday through Friday.
Historically, the City has staffed this program with an in-house Food Services Coordinator.
However, following the vacancy in that role in 2022 and the successful use of interim catering, staff have found that a catering-based service model meets all needs in a more cost-effective and efficient way and reduces liabilities to the City. The City Manager previously entered into a contract with CCI Inc. to provide these services, which will expire June 30, 2025. In early 2025, staff initiated a Request for Proposals (RFP) to formally transition to this catering model.
DISCUSSION:
In March 2025, the Community Services Department released an RFP for professional catering services to support the Congregate Lunch Program in compliance with Older Americans Act (OAA) and California Department of Aging (CDA) standards. The City received multiple proposals and conducted a thorough evaluation of qualifications, references, proposed menus, regulatory compliance, and pricing. Proposals were received from the following companies:
Company Cost per Meal Estimated Annual Cost
Creekside Grill $11.75 $375,000
Latino Asian Fusion $14.50 $487,500
Beyond the Border $16.50 $554,800
CCI Inc., dba Creekside Grill was selected as the preferred vendor based on overall fit, service reliability, regulatory compliance, and cost-effectiveness. In addition to a strong existing working relationship, Creekside Grill’s proposal was significantly lower than competing bids. 102 of 229
,WHPM
Honorable Mayor and Members of the City Council
June 10, 2025
Key benefits of the Catering Model include:
Reduced Liability & Risk: Food safety, staffing coverage, and meal preparation risks shift from the City to the catering provider.
Operational and Administrative Efficiency: Shifting to a catering model significantly reduces the City's staffing and administrative burden. The City will no longer need to recruit or maintain a full-time Food Services Coordinator, lowering personnel costs and mitigating the risk of service interruptions due to staffing shortages. The caterer takes on menu planning and nutrition compliance, decreasing the administrative load tied to grant reporting and food service regulations. A streamlined team—anchored by a dedicated Account and Customer Service Representative (ACSR) and supported by trained volunteers—enhances flexibility, maintains compliance, and ensures high-quality service for patrons.
Sustainable Volunteer Integration: The City will engage and increase its strong volunteer base to support nutrition program service and community engagement. Increasing the volunteer support will reduce part-time staffing needs.
The proposed contract aligns with the terms outlined in the RFP and includes a base term from July 1, 2025, through June 30, 2026, with options for up to three annual renewals subject to funding and performance.
The catering-based model for the Senior Nutrition Program offers greater staff efficiency, operational stability for the other operations of the Senior Center, and reduced liability. By transitioning away from an in-house food preparation model, the City avoids the risks associated with food safety compliance, staffing coverage, and interruptions in meal service. Administrative workload related to menu planning and compliance is also reduced.
This operational shift allows staff to focus on volunteer coordination, program expansion, and community-building efforts while maintaining compliance with grant and nutrition standards.
Since transitioning from an in-house Food Services Coordinator (Chef) to a catered model, staff have observed a notable increase in satisfaction among participants in the Senior Nutrition Program. The quality, flavor, and presentation of meals have significantly improved, contributing to a more enjoyable dining experience for the seniors.
In addition to the enhanced culinary standards, the change has brought greater consistency in both meal preparation and service delivery, ensuring that seniors receive nutritious, well- balanced meals they can rely on each day. This shift has positively impacted overall program engagement and participant feedback.
FISCAL IMPACT:
Funding for the Congregate Nutrition Lunch Program is provided through a combination of the Older Americans Act grant funds, participant contributions, and financial support from the San Bruno Senior Center Nutrition Site Council. These revenue sources significantly offset the City’s cost to operate the program.
103 of 229
Honorable Mayor and Members of the City Council
June 10, 2025
The proposed contract with Creekside Grill has an annual not-to-exceed amount of $375,000, which includes a 2% contingency. The contract cost is based on the number of meals served and is included in the Community Services Department’s proposed FY 2025/26 operating budget.
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:
Staff recommends that the City Council adopts a Resolution Authorizing the City Manager to Execute a Contract with CCI Catering, dba Creekside Grill for the Provision of Catering Services for the San Bruno Senior Center Congregate Nutrition Lunch Program for an amount not to exceed $375,000 for Fiscal Year 2025-26.
ALTERNATIVES:
Decline to authorize the contract and direct staff to continue a recruitment for an in-house Food Services Coordinator.
ATTACHMENTS:
1. Resolution
2. Agreement for Catering Services with Creekside Grill for Senior Lunch Program
104 of 229
1 RESOLUTION NO. 2025 - __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CCI INC., DBA
CREEKSIDE GRILL FOR THE PROVISION OF CATERING SERVICES FOR THE SAN
BRUNO SENIOR CENTER CONGREGATE NUTRITION LUNCH PROGRAM FOR AN AMOUNT NOT TO EXCEED $375,000 FOR FISCAL YEAR 2025-26
WHEREAS, the City of San Bruno operates a Congregate Nutrition Lunch Program at the San Bruno Senior Center, funded in part through the Older Americans Act and administered by the County of San Mateo; and
WHEREAS, the City previously staffed the program with a full-time Food Services Coordinator, and following a vacancy in 2022, implemented the use of interim catering services; and
WHEREAS, after two failed recruitments, staff determined that a contracted catering model is a more efficient and sustainable service delivery method; and WHEREAS, in March 2025, the City issued a formal Request for Proposals (RFP) to solicit qualified catering providers in accordance with nutritional guidelines established by the Older Americans Act and the California Department of Aging; and WHEREAS, the City received and evaluated multiple proposals and selected CCI Inc., dba Creekside Grill, based on qualifications, pricing, compliance with regulatory requirements, and an established history of reliable service to the Senior Center; and WHEREAS, the proposed contract includes a base term from July 1, 2025, through June 30, 2026, with up to three optional one-year renewals, and an annual not-to-exceed amount of $375,000, which includes a 2% contingency; and
WHEREAS, the cost of the program is offset by approximately $68,000 in annual participant contributions, $80,000 in direct financial support from the Senior Center Nutrition Site Council and approximately $156,000 in grant funds through the Agency on Aging; and WHEREAS, transitioning to a catering-based model reduces liability and operational risk, lowers personnel costs, streamlines grant administration, and supports a sustainable volunteer-driven service approach.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno that the City Manager is hereby authorized to execute a contract with CCI Inc., dba Creekside Grill, for catering services at the San Bruno Senior Center Congregate Nutrition Lunch Program in an amount not to exceed $375,000 for Fiscal Year 2025-26.
BE IT FURTHER RESOLVED, that this contract may be extended annually for up to three additional years, subject to the availability of funding and satisfactory performance by the contractor.
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on June 10, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
Lupita Huerta, City Clerk
105 of 229
$77$&+0(17
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 1 | Page Senior Congregate Lunch Program
GENERAL SERVICES AGREEMENT
This Agreement is made and entered into between the City of San Bruno ("City"), a municipal corporation, and CCI Catering, dba Creekside Grill, (“Contractor”) as of DocuSign Date . In consideration of their mutual covenants, the parties hereto agree as follows:
1. Scope of Work . Subject to the terms and conditions of this Agreement, Contractor shall provide those services described in Exhibit A, to generally include on- call meal preparation and delivery services in compliance with the Older Californians Nutrition Program Guidance and the California Department of Aging.
2. Payment Terms . For the services described in Exhibit A, and as set forth in Exhibit B – Compensation, the City agrees to pay Contractor a total amount that shall not exceed Three Hundred Seventy-Five Thousand Dollars ($375,000.00), which amount shall include all expenses. The price per meal shall not exceed the agreed upon amount of $11.75. Contractor shall submit progress billings on a monthly basis, if applicable. Contractor’s bill shall include the following information for the project: a brief description of services performed, the date the services were performed, the number of hours spent and by whom, a brief description of any costs incurred, percent completion to date of each task and subtask, total of prior billings, amount for billing period, total billing to date. In no event shall Contractor submit any billing for an amount in excess of the maximum amount of compensation provided for in this section.
3. Term of Performance . Contractor shall begin performing the services set forth in Exhibit A July 01, 2025. Contractor shall thereafter perform and complete all services by no later than June 30, 2026.
4. Independent Contractor . At all times during the term of this Agreement, Contractor, its employees and agents shall be independent contractors and not employees or agents of the City. Contractor, its employees and agents shall have no authority, express or implied, to bind the City to any obligation whatsoever.
5. Assignment and Subcontracting . It is recognized by the parties hereto that a substantial inducement to City for entering into this agreement was, and is, the qualifications and competence of Contractor. Therefore, Contractor shall not subcontract, assign or transfer any portion of the performance contemplated and provided for in this Agreement without the approval of the City Manager. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City.
6. Indemnification . To the fullest extent permitted by law, Contractor shall defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless City and its Council, officers, agents, departments, officials, representatives and 106 of 229
$77$&+0(17
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 2 | Page Senior Congregate Lunch Program
employees (collectively “Indemnitees”) from and against any and all claims, suits, actions, losses, costs, damages, injuries (including, without limitation, economic harm, injury to or death of an employee of Contractor or its Subcontractors), expenses and liabilities of every kind, nature and description, at law or equity (including, without limitation, incidental and consequential damages), and reasonable attorneys’ fees and costs, litigation expenses, court costs, and fees of expert consultants or expert witnesses, and costs of investigation (collectively “Defense Costs”) that arise from, relate to or pertain to, directly or indirectly, in whole or in part, any negligent or reckless act or omission or any willful misconduct of Contractor, any Subcontractor, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnitees except to the extent that liability is caused by the Indemnitees’ sole negligence, active negligence, or willful misconduct, but shall apply to all other Liabilities.
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to defend or indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence, or willful misconduct of the Indemnified Parties. This Section 9 shall be interpreted and applied to be consistent with the limitations in Civil Code sections 2782 and 2782.8. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor.
7. Insurance . Throughout the term of this Agreement, Contractor shall obtain and maintain, at its own expense, the minimum insurance coverage set forth below. The City and its elected officials, officers, and employees shall be named as additional insureds on all policies. This Agreement is expressly contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
(a) Statutory Worker’s Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly for Contractor with limits not less than $2,000,000.
(b) Commercial General and Automobile Liability insurance in an amount not less than $2,000,000 per occurrence.
If applicable, Contractor shall not allow any subcontractors to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor in the amounts indicated herein.
107 of 229
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 3 | Page Senior Congregate Lunch Program
8. Nondiscrimination and Equal Opportunity . During the performance of this Agreement, Contractor shall not discriminate against an employee or applicant for employment because of race, religion, creed, color, national origin, sex, sexual orientation or age.
9. Documents . If applicable, Contractor shall deliver to the City, on request of the City Manager, copies of all original papers, documents and any other materials, in electronic or any other form, prepared by Contractor pursuant to this Agreement.
10. Licenses . If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents or subcontractors by federal or state law, Contractor warrants that such license has been obtained, is valid and in good standing, and Contractor shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
11. Time is of the Essence. Contractor agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified in Exhibit A. In the performance of this agreement, time is of the essence.
12. Termination . This Agreement may be terminated or suspended by the City upon fifteen (15) days written notice. Upon receipt of such notice from the City, Contractor shall immediately stop all work under this Agreement. In the event of termination by the City, Contractor shall be entitled to payment on a pro rata basis for the services performed as of the date of termination, to the extent they were performed in accordance with this Agreement.
13. Severability . If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
14. Contract Administration and Notice . This Agreement shall be administered on behalf of the City by Community Services Director. Any written notice between the parties shall be sent to:
City of San Bruno
Attention: Travis M. Karlen, Director
Community Services Department
567 El Camino Real
San Bruno, CA 94066
CCI Catering, dba Creekside Grill
Attention: Stanley Gedeon, CEO
9000 Crow Canyon Road, Suite 610
Danville, CA 94506
15. Integration . This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, represents the entire and integrated agreement between City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. Where the
108 of 229
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 4 | Page Senior Congregate Lunch Program
terms and conditions set forth in Exhibit A conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.
16. Miscellaneous . The laws of the State of California shall govern this Agreement and all matters relating to it and venue for state court shall be in Redwood City and for federal court in San Francisco. In the performance of this Agreement, Contractor shall abide by and conform to any and all applicable laws, including, but not limited to the San Bruno Municipal Code.
17. Prevailing Wage. This work is subject to prevailing wage. The Contractor shall comply with all California State laws and Department of Industrial Relations relating to employment and wages. The hourly wages to be paid for laborers, workers, or mechanics shall not be less than the prevailing rates for a hour’s work in the same trade or occupation in San Mateo County.
109 of 229
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 5 | Page Senior Congregate Lunch Program
IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on ____________________. This Contract is not valid until signed by all parties below.
CONTRACTOR CITY
Stanley Gedeon, CEO Alex D. McIntyre, City Manager
CCI Catering, dba Creekside Grill City of San Bruno
07523088
Contractor’s Tax I.D. Number
68-0427629
Contractor’s San Bruno Business License Number
APPROVED AS TO FORM:
Trisha Ortiz, City Attorney
ATTEST:
Lupita Huerta, City Clerk
Attachments: A – Scope of Services
B – Bid Proposal
110 of 229
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 6 | Page Senior Congregate Lunch Program
EXHIBIT A
SCOPE OF WORK
Support the lunch program provided by the Senior Services Division of the City of San Bruno Community Services Department, Monday through Friday, as needed, at the San Bruno Senior Center located at 1555 Crystal Springs Road in San Bruno by providing meal preparation and delivery services in compliance with the Older Californians Nutrition Program Guidance and the California Department of Aging.
July 01, 2025 – June 30, 2026
Menu Development, Review, and Approval
a. The CONTRACTOR shall be responsible for creating all menus and must receive approval of those menus as described below.
1. CONTRACTOR shall submit proposed menus to the CITY 30 days prior to the date of the scheduled service.
2. Menus must contain specific entrée, primary starch/side dish, and vegetables for each day.
Nutritional Guidelines
a. Expected Food Types
CONTRACTOR shall include in each meal: salad or vegetable, entrée, main starch, fruit (Tuesday/Thursday), dessert (Monday, Wednesday, Friday), milk or juice.
b. Meal Component Requirement for each meal must include:
Vegetable – 1 cup raw leafy salad or ½ cup cooked vegetables Fruit – ½ cup serving (whole fruit preferred)
Vitamin A – 233 mcg/day
Vitamin C – 25 mg/day
Bread/Grain – 1-2 servings, at least ½ whole grain
Fiber – 7 grams/day
Sodium – must include sodium count
Food Delivery and Readiness for Lunch Service
a. Food is to be delivered in either a warming box, chilled box, or in a fully operable catering van. Upon delivery, Contractor/Caterer shall transfer food to either the steam table or refrigerator (whichever is appropriate). b. Food will be transported to the San Bruno Senior Center no earlier than 10:15 AM and no later than 11:00 AM on the day of the catering service for the final prep by the CONTRACTOR and/or brought to the appropriate temperature by
111 of 229
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 7 | Page Senior Congregate Lunch Program
approximately 11:15 AM for serving as required by the San Mateo County Dietician and Environmental Health Agency.
c. Lunch service begins promptly at 12:00 PM.
Meal Counts
a. Daily Lunch Program
1. The CONTRACTOR shall provide 120 meals, except for Thursdays when 100 meals will be provided and except for October 27th when 150 meals will be provided.
Target Nutrients
The nutritional goals represent the current DRI values, per meal and per day, for target nutrients to meet the DRIs for a 51+ year old female which corresponds to 1600 calories per day.
Nutrient Source* Target per Day Target per Meal
Calories (Kcal) AMDR 1600 550 - 650
Protein (g)* RDA ≥ 46
≥ 15 (from protein and
dairy/soy alternative
groups)
Fat (% of total calories) AMDR 20-35% 20-35%
Saturated Fat
(% of total calories) DGA ≤ 10% ≤ 10%
Fiber (g) AI ≥ 22 ≥ 7 (weekly average)
Calcium (mg) RDA ≥ 1200 ≥ 400 (weekly
average)
Magnesium (mg) RDA ≥ 320 ≥ 105 (weekly
average)
Potassium (mg) AI ≥ 2600 ≥ 860
(weekly average)**
Sodium (mg) AI & CDRR ≤ 2300 ≤ 760 (weekly
average)
Vitamin A
(mcg RAE***) RDA ≥ 700 ≥ 233 (2-3 meals out of
5 meals per week)
Vitamin D (IU) RDA 600 200 (weekly average)
Vitamin C (mg) RDA ≥ 75 ≥ 25
Vitamin B12 (mcg) RDA 2.4 0.8 (weekly average)
112 of 229
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 8 | Page Senior Congregate Lunch Program
* AI = Adequate Intake, AMDR = Acceptable Macronutrient Distribution Range; CDRR = Chronic Disease Risk Reduction Level; DGA = Dietary Guidelines for Americans, 2020-2025; RDA = Recommended Dietary Allowance.
** Prior to 2019, the AI for potassium was 4700 (1565 per meal) but was updated in 2019 to 2600 (860/meal) for women and 3400 (1133 per meal) for men. Source:
https://www.nap.edu/read/25353/chapter/8#120
*** RAE = Retinol Activity Equivalents
113 of 229
COMMUNITY SERVICES DEPARTMENT
CONGREGATE LUNCH PROGRAM/CREEKSIDE GRILL
General Services Agreement between City of San Bruno and Creekside Grill. for 9 | Page Senior Congregate Lunch Program
114 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 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 a Contract with Magnet Forensics for the Use of its Digital Forensics Product Suite
BACKGROUND:
The Police Department routinely investigates crimes involving digital evidence found on computers, mobile devices, and cloud storage services. The increase in digital evidence has made it critical to use efficient and court-admissible tools for collection, analysis, and reporting.
Magnet Forensics provides industry-leading solutions that support criminal investigations by recovering and examining digital evidence from a wide array of sources. The Department has been using these tools for years and is looking to continue to have Magnet Forensics' software suite, including Magnet AXIOM and Magnet REVIEW, available to our investigators.
DISCUSSION:
The Police Department has been using Magnet Forensics tools for several years and they are invaluable when it comes to digital investigations. These tools enable digital investigators to process and analyze data from smartphones, computers, external media, and cloud-based sources. One of the standout features is the ability to streamline collaboration between investigators, forensic examiners, and prosecutors using a centralized review and reporting interface known as Magnet Review SaaS.
Magnet AXIOM excels in parsing complex artifacts, reconstructing user behavior, and providing timelines that help accelerate investigative decisions. Additionally, Magnet REVIEW allows for secure case sharing with non-technical stakeholders, enabling them to view and comment on evidence without altering forensic integrity. These functions align with the department's goals to enhance digital investigation capability, reduce backlog, and maintain chain-of-custody compliance. Magnet Greykey allows investigators to bypass encryption on most iOS devices and some Android devices so that no evidence is left on the table. Magnet Outrider leverages the processing power of Magnet Axiom in the field to quickly triage computers and mobile devices so investigators can make quick decisions and speed up time to evidence.
The City's Award of Contract Policy, Resolution No. 2025-30, mandates City Council approval for contracts other than the City's standard form agreement. Software providers like Magnet Forensics often use standardized terms and conditions that cannot be altered, making it necessary to use their terms instead of the City's standard form agreement. Staff, in consultation with the City Attorney, has reviewed these terms and found them acceptable. 115 of 229
,WHPN
Honorable Mayor and Members of the City Council
June 10, 2025
Accordingly, staff recommends that the City Council authorize the City Manager to execute a one-year agreement with Magnet Forensics, acknowledging the variance in terms from the City’s standard GSA, to continue access this essential toolset within our investigative and forensic workflows.
FISCAL IMPACT:
As proposed, this contract has a duration of one year totaling $25,460. The services provided via this contract have already been allocated from budged 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, or their designee, to Sign Agreement with Magnet Forensics for use of their forensic products suite.
ALTERNATIVES:
1. Decline to adopt the resolution. However, this is not recommended due to the resulting limitations in investigative current capabilities, digital evidence handling, and case collaboration with prosecuting agencies.
ATTACHMENTS:
1. Resolution
2. Magnet Forensics Quotes
3. Magnet Forensics Terms & Conditions
116 of 229
RESOLUTION NO. 2025 – ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MAGNET FORENSICS FOR
THE USE OF DIGITAL FORENSIC SOFTWARE AND EVIDENCE MANAGEMENT
PLATFORM
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 San Bruno Police Department routinely investigates cases involving digital evidence obtained from mobile devices, computers, and cloud storage systems; and WHEREAS, the need for a comprehensive, court-admissible digital forensics and evidence management solution is essential to support modern investigative practices, maintain prosecutorial integrity, and ensure timely case resolution; and WHEREAS, Magnet Forensics offers a suite of industry-recognized digital forensic tools, including Magnet AXIOM and Magnet REVIEW, which have been tested and evaluated by the San Bruno Police Department under a no-cost trial period; and WHEREAS, Magnet Forensics’ tools provide advanced capabilities for digital evidence recovery, forensic analysis, collaborative case review, and streamlined reporting, supporting the City’s objective to enhance investigative efficiency and case management.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the agreement with Magnet Forensics for the implementation of digital intelligence and evidence management solutions, in the form on file with the City Clerk, with such changes as deemed necessary or useful by the City Manager. -oOo-
I, hereby certify that foregoing Resolution No. 2025-___ was introduced and adopted by the San Bruno City Council at a regular meeting on June 10, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
___________________________________
Lupita Huerta, City Clerk
117 of 229
$77$&+0(17
118 of 229
$77$&+0(17
119 of 229
120 of 229
121 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 1 of 16
This End User License Agreement (the “ Agreement”) is a legal agreement between You and Magnet Forensics respecting Your use of the accompanying Software and is effective as of the date of last signature (the “Effective Date”).
1 Definitions
1.1 “ Confidential Information” means any information regardless of form or medium, whether tangible or intangible, including any copies or fixations made thereof that is disclosed by discloser, or to which the recipient is provided access by discloser, that is proprietary or confidential to discloser or its affiliated companies, including, without limitation, information that specifies, concerns or is related to discloser’s intellectual property, Software, Documentation, Product, trade secrets, business operations, finances, customers, technical know-how, prototypes, designs, processes, products, services, or the development, testing or commercial exploitation of any of the foregoing that is either specifically identified as confidential prior to or at the time of its disclosure or that would reasonably be considered by a person knowledgeable in the industry to be proprietary or confidential in nature because of legends or other markings on the information, the circumstances of disclosure or the nature of the information itself. Confidential Information includes, without limitation, (i) information concerning the methods of use, internal components, features, functions and solutions of GrayKey and VeraKey Products, information found on the Magnet Forensics support website, and (ii) any copies, photographs, or other reproductions of the foregoing, whether or not marked as “confidential” or “proprietary.”
1.2 “ Documentation” means the electronic, printed or other form of documents that accompany delivery of the Product that provides information about installation, operation, and use of the Product.
1.3 “Hardware” means the physical components, devices, or equipment provided to you by Magnet Forensics used for the operation of the Software.
1.4 “ License Term” means the time period identified in Your Quotation or if no such period is identified in Your Quotation then for one (1) year commencing on the date the Software is available to You.
1.5 “ Magnet Forensics” has the meaning set out in Section 12.1.
1.6 “ Magnet Software” means the proprietary software of Magnet Forensics.
1.7 “Perpetual License” means a license purchased with a perpetual License Term as identified in a Quotation.
1.8 “Product” means the Magnet Forensics supplied products identified in the Quotation, which may include, Hardware, Software, and Support Services.
1.9 “ Quotation” means the quotation provided to You by Magnet Forensics or a Magnet Forensics authorised reseller outlining the terms, conditions, and pricing details for the licensing of Magnet Hardware, Software, and Support Services.
1.10 “ Software” means the Magnet Software and Third Party Software.
1.11 “ Support Services ” means the support services included in the Term License or separately purchased as part of the Perpetual License as indicated on Your Quotation and, in each case, described further in Section 4.1.
1.12 “ Term License” means a license purchased with a non-perpetual License Term as identified in a Quotation.
1.13 “ Third Party Software” means the copyrighted, patented or otherwise legally protected software of third parties (including open-source code components) incorporated into the Software.
1.14 “ User” means a single user who uses the Software as permitted by this Agreement or is otherwise provided access to the Software by You.
122 of 229
$77$&+0(17
END USER
LICENSE AGREEMENT
Version 20250212 Page 2 of 16
1.15 “ You”, and “Your” means the entity that purchases the license for Software pursuant to this Agreement.
2 License Grant
2.1 License. The licensed rights to the Software granted to You by Magnet Forensics are as set out in Schedule A (Licensed Rights), Schedule B, and Schedule C to this Agreement, as applicable.
3 Fees, Taxes, and Delivery
3.1 Fees. You agree to pay Magnet Forensics all applicable fees identified in the Quotation within thirty (30) days from date of the invoice. Magnet Forensics shall invoice You upon the earlier of: (a) You issuing a purchase order to Magnet Forensics that relates to the Quotation; (b) Your signing the Quotation; and (c) Your written indication, by email or otherwise, of Your approval of the Quotation.
If You fail to pay any amount under this Agreement that is due and payable, and such failure remains unremedied for a period of thirty (30) days following written notice of default by Magnet Forensics, in addition to any other rights and remedies available to Magnet Forensics, Magnet Forensics shall be entitled to charge interest on all outstanding amounts at the lesser of 1.5% per month or the maximum rate permitted by law.
3.2 Taxes. You are responsible for all taxes relating to Software and services identified in a Quotation (excluding any taxes based on the income of Magnet Forensics). Unless otherwise indicated, all amounts payable by You under this Agreement are exclusive of any tax, duty, levy, or similar government charge. If You are required to withhold any taxes from payments owed under this Agreement, the amount of payment due shall automatically be increased to offset such tax, so that the amount actually remitted to Magnet Forensics shall equal the amount invoiced or otherwise due.
3.3 Delivery. Software will be provided by electronic means. Title and risk of loss to tangible products such as Hardware pass to you upon delivery, which occurs when Magnet Forensics places them with a carrier for shipment to you, freight prepaid.
4 Support Services
4.1 Support Services. Details of support packages can be found at www.magnetforensics.com/legal/.
4.2 Magnet Forensics does not require Your personal data to provide Support Services. If, however, as part of an incident resolution, You wish to provide Magnet Forensics with Your data or information (i.e. video footage, screen shots, case file data), You are solely responsible and liable in connection with the provision of such data to Magnet Forensics, including, without limitation, ensuring that the collection, processing and transfer of such data is in compliance with all applicable laws. Any data You choose to provide to Magnet Forensics in connection with the licensing and/or support of the Software shall be processed and stored in accordance with the confidentiality provisions of this Agreement and the Magnet Forensics Privacy Policy available at https://www.magnetforensics.com/legal/.
5 Intellectual Property Rights
5.1 License Only. Except for the limited license set forth herein, You do not acquire any intellectual property rights to the Product or Documentation under this Agreement, including, without limitation, any right, title or interest in and to patents, copyrights, trademarks, trade names, industrial designs, Magnet Forensics Confidential Information, or trade secrets, whether registered or unregistered.
The Software is licensed and not sold. Any rights not expressly granted under this Agreement are reserved by Magnet Forensics.
123 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 3 of 16
5.2 Feedback. Magnet Forensics shall own all feedback, comments, suggestions, ideas, and concepts that You provide or identify during Your use of the Product and Support Services, and all associated intellectual property rights (collectively the “Feedback”). You hereby assign to Magnet Forensics all of Your right, title and interest in Your Feedback. For certainty, Feedback shall not include any of Your data, Confidential Information, or intellectual property. 6 Confidentiality
6.1 Maintenance of Confidential Information. Subject to applicable law, each party agrees to: (a) keep confidential all Confidential Information disclosed by the other party; (b) only use, reproduce and disclose the Confidential Information to facilitate the use of the Software (in Your case) or support and develop the Software (in Magnet Forensics’ case); and (c) protect the Confidential Information from unauthorized use, reproduction or disclosure in the same manner it protects the confidentiality of similar information of its own, but not less than a reasonable degree of care.
6.2 A disclosure of Confidential Information that is legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process shall not be considered a breach of this Agreement; provided that You promptly notify Magnet Forensics in writing, if notification is permitted by law, and use commercially reasonable efforts to assist Magnet Forensics, at Magnet Forensics’ expense, in opposing such disclosure or obtaining a protective order or other reliable assurance preventing or limiting such disclosure and/or ensuring that confidential treatment will be accorded to any Confidential Information that is disclosed. Such disclosure does not remove the Confidential Information so disclosed from the protection of this Agreement. No further disclosure beyond the scope of such order is allowed. All obligations and/or requirements under this section are subject to the California Public Records Laws.
7 Warranties, Exclusions, Disclaimer
7.1 Software Warranty. While Your Support Services are active, Magnet Forensics warrants that the Software shall materially conform to the Documentation. If the Software does not materially conform to the Documentation, and you give Magnet Forensics notice while Your Support Services are active, Magnet Forensics will, at its option, attempt to correct, repair, or replace the Software at no additional cost to You. If Magnet Forensics is unable to correct the Software to conform with the warranty stated herein within thirty (30) days, then upon Your request, Magnet Forensics shall, as your sole and exclusive remedy, refund You: (a) a prorated amount of any unused prepaid license fees if You purchased a Term License; or (b) a prorated amount of any unused prepaid Support Services fees if You purchased a Perpetual License.
7.2 Viruses, Licenses, Support Services. Magnet Forensics (a) has implemented testing practices consistent with industry standards designed to protect against viruses that may impede the Software; (b) includes fully paid-up licenses to any and all Third Party Software incorporated into the Software; and (c) will perform all Support Services in a good and workmanlike manner consistent with industry standards.
7.3 EXCLUSIONS. THE WARRANTIES SET FORTH IN THIS SECTION 7 ARE THE EXCLUSIVE
WARRANTIES MADE BY MAGNET FORENSICS TO YOU REGARDING THE PRODUCT, AND
YOUR SOLE AND EXCLUSIVE REMEDY RESPECTING ANY DEFECTS, NON-CONFORMITIES OR PROBLEMS WITH THE PRODUCT. EXCEPT AS SET FORTH IN SECTION 7.1 AND 7.2,
MAGNET FORENSICS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, PERFORMANCE, FITNESS FOR A
PARTICULAR PURPOSE, DURABILITY, ACCURACY, RELIABILITY, NON-INFRINGEMENT, OR
ANY OTHER WARRANTY OR CONDITION ARISING BY STATUTE, CUSTOM OR USAGE OF TRADE RELATED TO THE PRODUCT PROVIDED HEREUNDER. To the maximum extent
124 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 4 of 16
permitted by law, any implied warranties or conditions relating to the Software that cannot be excluded as set out above are limited to thirty (30) days from the date that the Software is delivered to You.
8 Limitation of Liability
8.1 NOTWITHSTANDING ANY OTHER SECTION OF TH IS AGREEMENT, IN NO EVENT SHALL EITHER
PARTY BE LIABLE TO THE OTHER PARTY WHET HER IN AN ACTION IN CONTRACT, TORT,
PRODUCT LIABILITY, STRICT LIABILITY, STATUTE, LAW, EQUITY, OR OTHERWISE ARISING
FROM OR RELATED TO THIS AGREEMENT OR ANY ORDER FOR (A) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES; (B) LOSS OF
PROFITS OR REVENUE (OTHER THAN IN AN ACTION BY MAGNET FORENSICS TO RECOVER PAYMENT OF A PRICE OWED); OR (C) LOSS OF TIME, OPPORTUNITY OR ANY DAMAGES
RELATING TO THE CORRUPTION OF DATA, LOSS OF THE USE OF DEVICES OR ANY PORTION
THEREOF, AND DAMAGES CAUSED BY YOUR FILES, CONNECTED DEVICES, OR DATA
COLLECTED BY YOU, EVEN IF THE OTHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT (OTHER THAN IN AN ACTION BY MAGNET FORENSICS
TO RECOVER PAYMENT OF A PRICE OWED) WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH DAMAGES.
8.2 SECTION 8.1 SHALL NOT APPLY TO EITHER PARTY’S LIABILITY IN RELATION TO: (A) INDEMNIFICATION OBLIGATIONS OF EITHER PARTY UNDER SECTION 9 (INDEMNIFICATION) UNDER THIS AGREEMENT; (B) MISAPPROPRIATION OR INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY; (C) BREACHES OF CONFIDENTIALITY UNDER SECTION 6;
AND (D) YOUR PAYMENT OBLIGATIONS TO MAGNET FORENSICS, PROVIDED, HOWEVER, THAT MAGNET FORENSICS’ CUMULATIVE LIABILITY UNDER SECTION 9.2 RELATING TO THIRD PARTY SOFTWARE SHALL IN NO EVENT EXCEED THE LESSER OF: THREE TIMES (3X) THE AMOUNT PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS
PRECEDING THE CLAIM GIVING RISE TO SUCH DAMAGES AND ONE MILLION USD ($1,000,000.00 USD).
9 Indemnification
9.1 [RESERVED]
9.2 Magnet Forensics Indemnity. Magnet Forensics will defend You from and against any suit brought against you by a third party to the extent the suit alleges that your use of a Product infringes a valid patent in Canada or the United States (an “IP Claim”). Magnet will also pay the damages, costs, and attorneys’ fees that are awarded against you in a final, non-appealable court judgment for the IP Claim, or required to be paid by you in a settlement of an IP Claim that Magnet has agreed to in writing. You agree to (i) give prompt notice of the IP Claim to Magnet Forensics; (ii) grant sole control of the defense and settlement of the IP Claim to Magnet Forensics; and (iii) provide reasonable cooperation to Magnet Forensics and, at Magnet Forensics’ request and expense, assistance in the defense or settlement of the IP Claim ("Your Indemnification Obligations”) and Magnet Forensics shall not be liable to the extent an IP Claim, or portion thereof, is attributable to Your breach of Your Indemnification Obligations. In the event of an IP Claim, Magnet Forensics may, at its option and expense: (a) obtain for You the right to continue to use the Product; (b) substitute a substantially equivalent non-infringing product; (c) modify the Product to make it non- infringing; or if (a), (b), and (c) are not commercially feasible, then (d) terminate Your license and require that You no longer access and use the Product. If Your license is terminated, You must return or destroy the Product and within 30 days of receipt of all of the Product or certification of destruction thereof, Magnet Forensics shall refund You x) a prorated amount of any unused prepaid license fees if You purchased a Term License; or y) a prorated amount of any unused prepaid Support Services fees if You purchased a Perpetual License. The indemnity obligations under this clause do not extend to Claims arising from or relating to: (aa) any modification to the Product or use in combination with any equipment,
125 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 5 of 16
software, data or any other materials not authorized by Magnet Forensics where the infringement would not have occurred but for such activity; (bb) use of the Product by You in a manner contrary to the terms of this Agreement where the infringement would not have occurred but for such use; (cc) the continued use of the infringing Product after Magnet Forensics has provided substantially equivalent non-infringing software, a non-infringing modification of the Product, or terminated Your license in accordance with this Agreement; or (dd) custom Product developed at Your request while utilizing Your specifications.
NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THIS AGREEMENT, THE PROVISIONS
OF THIS CLAUSE STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF MAGNET FORENSICS
AND YOUR EXCLUSIVE REMEDY WITH RE SPECT TO ANY ACTUAL OR ALLEGED
MISAPPROPRIATION, VIOLATION AND/OR INFRINGEMENT OF ANY PROPRIETARY AND/OR
INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
9.3 [RESERVED]
10 Term and Termination
10.1 Term of Agreement. This Agreement shall survive for one (1) year after the termination or expiry of Your License Term.
10.2 Termination for Convenience. You may terminate this Agreement and Your license for Software at any time upon written notice to Magnet Forensics but You will not be entitled to any refund.
10.3 Termination for Breach. Either party may terminate this Agreement and any License Term immediately upon notice to the other if: (a) the other party materially breaches a material term or condition of this Agreement which breach remains unremedied for thirty (30) days following written notice thereof by the other party, or immediately if such breach is not capable of remedy; (b) the other party becomes involved in any legal proceeding concerning its solvency, commences liquidation proceedings, has a receiver or administrator appointed for any of its assets, ceases or threatens to cease operations, or otherwise has a serious and reasonable doubt arise respecting its solvency; or (c) if Magnet Forensics determines in its sole discretion that licensing the Product to You would violate applicable laws. If Your License Term is terminated due to breach by Magnet Forensics under (a) above, where Magnet Forensics is the relevant party under (b) above, or by Magnet Forensics in accordance with (c) above, Magnet Forensics shall refund You: (i) a prorated amount of any unused prepaid License fees if You purchased a Term License; or (ii) a prorated amount of any unused prepaid Support Services fees if You purchased a Perpetual License.
10.4 Termination/Expiry Obligation. Upon termination or expiry of this Agreement, and, if earlier, termination or expiry of a Term License, free trial or any Beta Period, You shall immediately cease all use and access of the Software and destroy or permanently delete all copies of the Software in Your possession along with any Documentation delivered to You or derivative works made therefrom.
10.5 Request for Information for Compliance. Upon request of Magnet Forensics, You agree to provide reasonable information on a timely basis to confirm Your compliance with the license rights and restrictions to the Product. Your failure to comply with this Section 10.5 will be deemed to be a material breach of this Agreement.
126 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 6 of 16
11 Compliance with Export Laws and Ethical Conduct
11.1 You shall not export any Product, Documentation, or Confidential Information unless You comply with all applicable international trade laws (“ITR”). Further, You warrant (a) You are not now and have never been on any Restricted Party List or any sanctions list in the countries in which You conduct business; and (b) You understand and abide by ITR laws administered by the country in which You conduct business. You agree not to engage in any action in any way that would cause Magnet Forensics to violate ITR laws of the country in which it conducts business, including providing Magnet Forensics Product, Documentation, or Confidential Information to any person in any country subject to comprehensive sanctions by the U.S., Canada, the UK, EU, the EU member state and Singapore or any person on a Restricted Party List. You agree to indemnify Magnet Forensics to the extent Your actions or inactions have caused Magnet Forensics to violate ITR laws and the ITR of the country in which it conducts business. You agree to maintain a sanctions compliance policy and controls to ensure compliance with the applicable economic sanctions and upon request provide a Magnet Forensics with a copy of such policy.
11.2 If the Software is being licensed by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then, as a commercial item, the Government’s rights in the Software will be only as set forth: (a) in this Agreement; or (b) as provided in FAR 12.212 (Computer Software) and (for Department of Defense use or disclosure) DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation), whichever set of rights provided in (a) or (b) are the more restrictive.
11.3 Throughout Your use of the Product, You agree to comply with the Magnet Forensics Business Code of Conduct found at https://www.magnetforensics.com/legal. Failure to comply with the Business Code of Conduct may result in the suspension or termination of access to the Software, as outlined in this Agreement.
12 Magnet Forensics Entity, Governing Law
12.1 “Magnet Forensics” means:
a) Where Your “Bill To” address identified on the Quotation is in Canada, Magnet Forensics Inc., with an office at 2220 University Avenue East, Suite 300, Waterloo, Ontario, Canada N2K 0A8. b) Where Your “Bill To” address identified on the Quotation is in France, Magnet Forensics SAS, with an office at c/o WeWork 33 Rue La Fayette Paris, France 75009. c) Where Your “Bill To” address identified on the Quotation is in Germany, Magnet Forensics GmbH, with a registered office at c/o Eversheds Sutherland (Services) GmbH, Brienner Strabe 12, 80333 Munich, Germany.
d) Where Your “Bill To” address identified on the Quotation is anywhere other than in Canada, France, and Germany, Magnet Forensics, LLC, with an office at c/o Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
12.2 Governing Law. This Agreement is governed by and construed under, excluding any body of law governing conflicts of laws, the laws of: (a) England, where Your “Bill To” address identified on the Quotation is in Europe, Greenland or the UK; (b) Ontario, Canada, where Your “Bill To” address identified on the Quotation is in Canada, or (c) California, U.S., where Your “Bill To” address identified on the Quotation is anywhere else. You irrevocably waive any objection on the grounds of venue, forum non- conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law. You also waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
127 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 7 of 16
13 General Provisions
13.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, promises, assurances, warranties, representations, and understandings relating to the subject matter hereof. Your additional or different terms and conditions, whether on Your purchase order or otherwise, shall not apply.
13.2 Force Majeure. Neither party shall be deemed to be in default of this Agreement for failure to fulfill its obligations due to causes beyond its reasonable control. This provision shall not be construed as excusing any payment obligations.
13.3 Waiver. No waiver by either party of a breach or omission by the other party under this Agreement shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party. Any waiver by a party of a particular breach or omission by the other party shall not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.
13.4 Notices. Any notices, reports or other communications required or permitted to be given under this Agreement shall be in writing and shall be delivered by hand or sent by registered mail, courier, facsimile or electronic mail. For notices to You, Magnet Forensics shall send such notice to Your “Bill To” Address. For notice to Magnet Forensics, You shall send such notice to Attn: Legal Department, Magnet Forensics, with an office at 300 Colonial Center Pkwy, Suite 130, Roswell, GA 30076, United States.
13.5 Assignment. You shall not assign or transfer this Agreement (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control) without the prior written consent of Magnet Forensics, which consent will not be unreasonably withheld, conditioned or delayed. This Agreement shall be binding upon the parties hereto and their respective lawful successors and permitted assigns. Any purported assignment in violation of this Section 13.5 shall be null and void.
13.6 Survival. Section 6 (Confidentiality), Section 8 (Limitation of Liability), Section 9 (Indemnification), and any other provision of this Agreement which by its nature would survive the termination or expiration of this Agreement shall do so.
13.7 Electronic Execution. The parties agree to the use of electronic communication in order to enter into this Agreement, Quotations, purchase orders and any other notices or records. You hereby waive any rights or requirements under any laws in any jurisdiction which require an original, non-electronic signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
13.8 Invalidity. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.
[signature page follows]
128 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 8 of 16
IN WITNESS WHEREOF, the parties executed this Agreement.
MAGNET FORENSICS SAN BRUNO POLICE DEPARTMENT
Per: Per:
Name: Name:
Title: Title:
Date: Date:
Address:
129 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 9 of 16
Schedule A – Licensed Rights for All Products
1 Definitions.
1.1 “Case License” means the Software is subject to a license fee that is based on granting access to the Software for a single source (i.e. single hard drive or image file).
1.2 “CLS License” or “LLS License” means the Software is subject to a license fee that is calculated based on the number of concurrent usage virtual license Keys identified in the Quotation as available at any one time to be downloaded by Users. CLS (Cloud License Server) virtual license Keys are hosted in an online, cloud-based environment whereas LLS (Local License Server) virtual license Keys are hosted on Your premises.
1.3 “Dongle” means a USB device provisioned with the Software.
1.4 “ Dongle License” means the Software is subject to a license fee that is calculated per Dongle.
1.5 “ Enterprise License” means the Software is subject to a license fee that is calculated based on a maximum number of Software installs and/or concurrent Users as set out in the Quotation.
1.6 “ Instance” means a copy of the Software that a User is authorized to use. The maximum number of Instances per User are stated in the Quotation.
1.7 “ Key” means the license key provided to You by Magnet Forensics to permit access to and use of the Software to a User.
1.8 “ Machine” means each hardware machine or hardware unit on which the Software is used.
1.9 “ Machine License” means the Software is subject to a license fee that is calculated per Machine.
2 License Grant. Magnet Forensics hereby grants to You a limited, non-exclusive, revocable, non- transferable, non-sublicensable license to use the Software on Your internal business networks for the number of Users, installs, and/or Instances and License Term indicated in Your Quotation in accordance with the terms set forth in this Agreement and the Documentation. Your license only permits you to possess and use the Software in object code form. For certainty: (a) academic licenses are granted for academic, non-commercial use only; (b) licenses for Magnet AUTOMATE products are licensed on a per ‘control node” and “agent node” basis; (c) Machine Licenses are solely permitted for use of the Software on the Machine on which such Software is first installed and by the original User; and (d) Dongle Licenses are for use on Machines only (and not for use in cloud or other virtual environments), and cannot be shared between individual Users. For further certainty: (i) Enterprise Licenses, CLS Licenses and LLS Licenses allow for concurrent Users of the Software as indicated in Your Quotation; and (ii) a unique key code is issued for a Case License tied to the original single source, with requirements for additional single sources requiring an add-on purchase. It is Your responsibility to fully comply with all applicable laws in using and handling the Software and any additional third-party license terms applicable to Third Party Software.
3 Restrictions. You shall not and shall ensure that Users shall not:
3.1 copy, reproduce, or modify the Product or any part thereof, including, but not limited to, combining with other software or hardware other than as authorized by Magnet Forensics in writing;
3.2 enhance, improve, alter, create derivative works, reverse engineer, disassemble, deconstruct, impair, translate, decrypt, reverse compile or convert into human readable form the Software or any part thereof;
3.3 distribute, lend, assign, license, sublicense, lease, pledge, rent, transfer, sell or otherwise provide access to the Software, in whole or in part, to any third party;
3.4 use any Product on a time sharing, service bureau, application services provider (ASP), rental or other similar basis;
130 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 10 of 16
3.5 remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Software;
3.6 circumvent or disable copyright protection mechanisms or license management mechanisms;
3.7 photograph or record any of the Product’s components, whether internal, external or as digitally displayed;
3.8 use the Product to provide services to third parties (including technical or training services), or otherwise publicly display or market the Software, for the purposes of Your commercial gain;
3.9 use the Product in conjunction with other software or hardware, except as authorized in writing by Magnet Forensics;
3.10 use the Product in any unlawful manner or to violate any rights of a third party; or
3.11 authorise, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in 3.1 – 3.10 above, or attempting to do so.
For the purposes of this provision “copy” and “reproduce” shall not include: (A) making additional copies of the Software for Your own use, as long as only one copy may be used at any one time in accordance with the Documentation; or (B) making one back-up copy of the Software.
4 Restrictions Applicable to Consultant Licenses . Notwithstanding Section 3.8, if Your license is identified in a Quotation as a “consultant license”, You may use the Software in relation to Your provision of forensic analysis services to a third party for commercial gain, subject to Your compliance with all other terms of this Agreement and the payment of all applicable fees, provided that the following additional restrictions shall apply:
4.1 You shall be solely responsible for Your services, including any use or operation of the Software (both separately or in combination with any other software), to provide such services, and, as Magnet Forensics expressly disclaims all liability for any claims, losses or damages relating to Your services, You agree to indemnify Magnet Forensics against all such claims, losses and damages;
4.2 You shall not permit Your customers to use the Software (with the exception of using the Portable Case functionality);
4.3 You shall not use the Software to provide digital forensics training to third parties (including instructions on how to use the Software), unless You have first obtained Magnet Forensics’ express written permission;
4.4 You shall not, whether in an agreement for Your services or otherwise, in any way modify, negate or override any terms and conditions of the protections afforded to Magnet Forensics under this Agreement;
4.5 You shall not engage in deceptive, misleading, illegal or unethical practices that might reasonably be detrimental to Magnet Forensics or its products or services;
4.6 You shall not make any representations, warranties or guarantees about Magnet Forensics or its products and services except as expressly set out in this Agreement; and
4.7 where You wish to publicize, market or otherwise promote the use of the Software in Your services, You must do so in a manner consistent with Magnet Forensics’ External Marketing Policy (located at https://www.magnetforensics.com/wp-
content/uploads/2022/11/MagnetForensics_BrandGuidelines.pdf) and any other marketing and trademark requirements set out by Magnet Forensics from time to time. Any use of Magnet Forensics’ Trademarks shall remain unchanged and give legal notice of such trademark status.
131 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 11 of 16
5 Beta Software. If You have requested use of or have access to Software or features that are identified by Magnet Forensics as pre-commercial, preview release, evaluation, pilot, "alpha", or "beta" software ("Beta Software"), the license rights set out above with respect to Your use of such Beta Software apply only to the extent necessary to enable You and the Users to test and provide Feedback to Magnet Forensics regarding the Beta Software. You acknowledge and agree that Magnet Forensics may terminate Your use of Beta Software at any time and may include technical measures in the Beta Software that renders it inoperable and You agree that You will not circumvent such technical measures. You further acknowledge and agree that the Beta Software is provided “AS IS” with none of the representations, warranties, or indemnities provided in the Agreement. In consideration of the grant of license for the Beta Software, You agree that You will provide Magnet Forensics with Feedback on Beta Software as Magnet Forensics reasonably requests without any compensation.
6 Trial Licenses. If Your License is indicated as a Trial License on the Quotation (“Trial License”), the license rights set out above with respect to Your use of such Trial License apply only for the time period authorised by Magnet Forensics (“Trial Period”) and solely to the extent necessary to enable You and the Users to test the Product in order to identify if the Product is suitable for purchase from Magnet Forensics. Additionally, the Product underlying the Trial License or delivered to you as a Free Tool is provided “AS IS” with none of the representations, warranties or indemnities provided in the Agreement.
Notwithstanding the Trial Period, Magnet Forensics may terminate Your Trial License at any time and require that You cease using the Software.
132 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 12 of 16
Schedule B – Additional VeraKey Terms and Conditions
1 Definitions.
1.1 “ Authorized Country ” means a country in which Magnet Forensics has authorized use of the VeraKey as set out in the Documentation.
1.2 “ Authorized User(s)” means employees who are authorized by You to access or use the Product and Software. You agree to limit the number of Authorized Users to those employees who perform extractions in the normal course of their employment.
1.3 “Authorized Device” means mobile devices (a) owned and controlled by you; (b) if you are retained to perform an Investigation by a third party, owned by such third party; or (c) owned by an individual that has expressly, voluntarily, and specifically authorized you in writing, without coercion or threat of reprisal, to perform an Extraction of their mobile device.
1.4 “ Extraction” means the use of the Product to extract data from an Authorized Device.
2 License Restrictions . If You are licensing the VeraKey Product, as identified in Your Quotation, You agree to the following additional restrictions in addition to the license rights and restrictions set out in Schedule A of this Agreement:
2.1 You may only use the VeraKey Product in an Authorized Country for Extractions on Authorized Devices in aid of (1) an official investigation of corporate malfeasance including (a) fraud, (b) bribery, (c) theft, (d) antitrust violation, (e) sabotage, (f) breach of confidentiality obligations, (g) securities violation, (h) IP infringement or misappropriation of intellectual property, (i) as part of or in response to an official government investigation or request for product of documentation (FDA, SEC, FTC, OSHA, etc.), (j) as part of a legally compelled production of documents by a court of competent jurisdiction, (k) in defense of a criminal charge filed in a court of competent jurisdiction, where such investigation is made in response to an official complaint supported by reasonable evidence (each, an “Investigation”) or (2) the provision of digital forensic services for the investigation and defense of clients charged, or soon to be charged, under federal or state criminal codes, but only where a complete GrayKey extraction(s) has not already been performed or is not available from the prosecution, and for no other purpose (“Authorized Extraction(s)”). You agree not to use the Product to screen, audit, spot-check, or otherwise discover instances of corporate malfeasance or violation of corporate policy. Prior to performing an Extraction, Magnet Forensics may require that you or your Authorized User(s) certify that the contemplated Extraction meets the above definition of an Authorized Extraction. You warrant that any certification materials submitted as part of Your Authorized Extraction certification responsibilities are true and correct in all material respects.
2.2 You agree not to make statements in a court of law, tribunal, regulatory hearing, or similar setting, which attempt to discredit or would have the effect of creating uncertainty as to the effectiveness of Products or outputs therefrom.
2.3 To the extent legally practicable, Authorized Devices must remain in Your possession and control until after the software agent employed by the Product has been successfully uninstalled from such Authorized Devices.
2.4 Only Authorized Users who have obtained any necessary consents and approvals are permitted to access and use the Product or Software in connection with any Extractions. You shall notify Magnet Forensics in writing the name and user information associated with each Authorized User, and within thirty (30) calendar days following a change of an Authorized User’s employment status such that the Authorized User ceases to be authorized by You to access or use the Product and Software either through ceasing to be employed by You or a change in his or her position within the Your organization such that he or she is no longer authorized to access or use the Product and Software.
133 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 13 of 16
2.5 You agree to designate an employee with senior management and oversight responsibilities within your organization to act as Your “Primary Authorized User.” The Primary Authorized User will be notified each time an extraction is performed on the device and shall supervise use and security of the Product and Software. You agree to require the Primary Authorized User, as part of their employment obligations, to monitor the use of and ensure the security of the Product. The Primary Authorized User is not permitted to perform Extractions. You shall notify Magnet Forensics in writing the name and user information associated with the Primary Authorized User, and within thirty (30) calendar days following a change of the Primary Authorized User’s employment status such that the Primary Authorized User ceases to be tasked by the Licensee to oversee the use and security of the Product and Software.
2.6 You will conduct, at your expense, background checks on your employees (including but not limited to Authorized Users) and those of your agents and subcontractors who will have access (whether physical, remote, or otherwise) to Magnet Products or Software. You will not permit your employees, agents, or subcontractors (including the personnel of any of its agents or subcontractors) that have been convicted of a felony crime or has agreed to or entered into a pretrial diversion or similar program in connection with a felony crime to have access to: (a) Magnet Forensics Confidential Information; (b) the secure environment in which the Product is stored; (c) the Product, the Software, or any associated materials.
2.7 You covenant and agree to keep the Product in a physically secure environment at all times, and to take all necessary precautions to restrict use of the Product to Authorized Users. You acknowledge and agree that for the Product to function properly in online mode, the Product must be connected to the Internet.
2.8 Magnet Forensics may use third-party monitoring tools to ensure that You comply with the foregoing restrictions. You acknowledge that Your use of the Product may be subject to additional terms and conditions as set by the third-party responsible for such tools.
3 Warranty Disclaimer. Notwithstanding Section 7.1 of the Agreement, You acknowledge and agree that the Software is provided AS-IS and without any warranty of any kind. Further, You acknowledge that all case stakeholders are aware of and understand the associated risk that the Authorized Device may become damaged and/or Authorized Device data may be unrecoverable when used with the Product or Software, in particular for Authorized Devices (a) with aftermarket repairs or hardware and nonstandard software builds; (b) that boot loop or are otherwise unable to boot normally; (c) that have preexisting damage, defects, or faults that may or may not be detectable; or (d) with software, software builds, states, or usage profiles not identified on the applicable support matrix. You further understand that not all permutations of Authorized Device software, software builds, states, and usage profiles have been tested by Magnet Forensics. Before utilizing the Product and Software on an Authorized Devices under any of the above conditions, please consult Magnet Forensics through the customer support portal. You release Magnet Forensics from all liability associated with damage to a mobile device or corruption of mobile device data resulting from the use of the Software or the Product. You further acknowledge and agree that VeraKey may produce different results than other Magnet Forensics Products (such as GrayKey) and that the use of VeraKey with Authorized Devices can produce different results over time.
4 Violations of License Restrictions.
4.1 Section 8.1 of the Agreement (Limitation of Liability) shall not apply to damages arising from Your violation(s) of Schedule A - Section 3 and this Schedule B.
4.2 In addition to the termination rights set out in Section 10 of the Agreement (Termination), Magnet Forensics may terminate this Agreement and suspend Your License, at its sole discretion and option, without notice and without refund or reimbursement if You violate any material term or condition of
134 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 14 of 16
this Agreement (for clarity, all terms in this Schedule B shall be considered a material term or condition).
5 Heightened Confidentiality Obligations . The VeraKey Product, along with its associated Documentation, are sensitive technologies whose Confidential Information requires the highest duty of care. You, Your employees, Your agents who require access in order to perform hereunder, and all final users of the VeraKey Product (collectively, “Receiving Party”) shall not disclose, use, sell, transmit, inform or make available to any entity, person or body any of the Confidential Information nor shall it copy, photograph, or otherwise reproduce any Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Confidential Information and Magnet Forensics’ rights therein, at all times exercising the highest duty of care. Receiving Party agrees to restrict access to VeraKey Confidential Information to those Authorized Users who require access in order to perform hereunder, and, except as otherwise provided, the Receiving Party shall not make Confidential Information available to any other person or entity without the prior written consent of Magnet Forensics. Further, Receiving Party acknowledges and agrees that due to the unique nature of the VeraKey Products, there can be no adequate remedy at law for any breach of its obligations under this Section 5 related to such Products, that any such breach will cause irreparable and continuing damage to Magnet Forensics and, therefore, that upon any such breach or any threat thereof, Magnet Forensics shall be entitled to whatever remedies it might have by law and equity, including injunctive relief, a decree for specific performance, and all other relief as may be proper (including money damages, if appropriate).
The Receiving Party further acknowledges and agrees that the covenants contained herein are necessary for the protection of legitimate business interests and are reasonable in scope.
6 Excess Use of Licenses. If You use the Product in excess of the license quantities or levels stated in Your Quote, Magnet Forensics reserves the right to invoice You for such excess use based on the then current list price of the minimum add-on package required to bring Your use into compliance and you agree to pay such invoice in accordance with Section 3 of the Agreement.
135 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 15 of 16
Schedule C – Additional GrayKey Terms and Conditions
1 Definitions.
1.2 “ Authorized Location” means the authorized physical locations specified in the Quotation or that Licensee has otherwise registered with Magnet Forensics and that Magnet Forensics has approved in writing.
1.3 “ Authorized User(s)” means collectively, employees, agents or contractors who are authorized by You to access or use the Product and Software.
1.4 “Device” means a mobile device.
1.5 “ Extraction” means the use of the Product to extract data from a Device.
2 License Restrictions . If You are licensing the GrayKey Product, as identified in Your Quotation, You agree to the following additional restrictions in addition to the license rights and restrictions set out in Schedule A of this Agreement:
2.1 Only Authorized Users who have obtained any necessary consents and approvals are permitted to access and use the Product or Software in connection with any Extractions. You shall notify Magnet Forensics in writing the name and user information associated with each Authorized User, and within thirty (30) calendar days following a change of an Authorized User’s employment status such that the Authorized User ceases to be authorized by You to access or use the Product and Software either through ceasing to be employed by You or a change in his or her position within the Your organization such that he or she is no longer authorized to access or use the Product and Software.
2.2 To the extent legally practicable, Devices must remain in Your possession and control until after the software agent employed by the Product has been successfully uninstalled from such Devices.
2.3 If Your use of the Product is restricted to the Authorized Location identified in Your Quotation, You covenant and agree to keep the Product in a physically secure environment within the Authorized Location at all times, and to take all necessary precautions to restrict use of the Product to Authorized Users. You acknowledge and agree that for the Product to function properly in online mode, the Product must be connected to the Internet.
2.4 Magnet Forensics may use third-party monitoring tools to ensure that You are in compliance with the foregoing restrictions. You acknowledge that Your use of the Product may be subject to additional terms and conditions as set by the third-party responsible for such tools.
3 Warranty Disclaimer. Notwithstanding Section 7.1 of the Agreement, You acknowledge and agree that the Software is provided AS-IS and without any warranty of any kind. Further, You acknowledge that all case stakeholders are aware of and understand the associated risk that a Device may become damaged and/or Device data may be unrecoverable when used with the Product or Software, in particular for Devices (a) with aftermarket repairs or hardware and nonstandard software builds; (b) that boot loop or are otherwise unable to boot normally; (c) that have preexisting damage, defects, or faults that may or may not be detectable; or (d) with software, software builds, states, or usage profiles not identified on the applicable support matrix. You further understand that not all permutations of Device software, software builds, states, and usage profiles have been tested by Magnet Forensics.
Before utilizing the Product and Software on a Devices under any of the above conditions, please consult Magnet Forensics through the customer support portal. You release Magnet Forensics from all liability associated with damage to a mobile device or corruption of mobile device data resulting from the use of the Software or the Product.
136 of 229
END USER
LICENSE AGREEMENT
Version 20250212 Page 16 of 16
4 Violations of License Restrictions.
4.1 Section 8.1 of the Agreement (Limitation of Liability) shall not apply to damages arising from Your violation(s) of Schedule A - Section 3 and this Schedule C.
4.2 In addition to the termination rights set out in Section 10 of the Agreement (Termination), Magnet Forensics may terminate this Agreement and suspend Your License, at its sole discretion and option, without notice and without refund or reimbursement if You violate any material term or condition of this Agreement.
5 Heightened Confidentiality Obligations . The GrayKey Product, along with its associated Documentation, are sensitive technologies whose Confidential Information requires the highest duty of care. You, Your employees, Your agents who require access in order to perform hereunder, and all final users of the GrayKey Products (collectively, “Receiving Party”) shall not disclose, use, sell, transmit, inform or make available to any entity, person or body any of the Confidential Information nor shall it copy, photograph, or otherwise reproduce any Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Confidential Information and Magnet Forensics’ rights therein, at all times exercising the highest duty of care. Receiving Party agrees to restrict access to GrayKey Confidential Information to those Authorized Users who require access in order to perform hereunder, and, except as otherwise provided, the Receiving Party shall not make Confidential Information available to any other person or entity without the prior written consent of Magnet Forensics. Further, Receiving Party acknowledges and agrees that due to the unique nature of the GrayKey Products, there can be no adequate remedy at law for any breach of its obligations under this Section 5 related to such Products, that any such breach will cause irreparable and continuing damage to Magnet Forensics and, therefore, that upon any such breach or any threat thereof, Magnet Forensics shall be entitled to whatever remedies it might have by law and equity, including injunctive relief, a decree for specific performance, and all other relief as may be proper (including money damages, if appropriate). The Receiving Party further acknowledges and agrees that the covenants contained herein are necessary for the protection of legitimate business interests and are reasonable in scope.
137 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 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 a Contract with Cellebrite for the Use of Its Digital Forensics Product Suite
BACKGROUND:
The Police Department continues to experience an increase in criminal cases involving digital evidence extracted from mobile devices, applications, cloud accounts, and encrypted communications. Effectively accessing, analyzing, and managing this data is essential to supporting investigations, enhancing case outcomes, and maintaining prosecutorial integrity.
Cellebrite is a recognized global leader in digital intelligence, offering tools that empower law enforcement agencies to lawfully collect, review, analyze, and manage digital data from a wide range of sources. Cellebrite’s Unified Digital Intelligence Platform includes mobile data extraction (UFED), analysis and reporting (Physical Analyzer), and case collaboration (Cellebrite Inspector). The Department has been using these tools for years and is looking to continue to have Cellebrite’s software suite available to our investigators.
DISCUSSION:
The Police Department has been using Cellebrite’s tools for several years and it is invaluable when it comes to digital investigations. Cellebrite's digital intelligence platform significantly enhanced the department’s ability to lawfully extract, decrypt, and analyze data from a broad range of devices and cloud sources. Investigators were able to reconstruct user behavior, identify communication patterns, and generate visual link charts critical to solving complex cases.
Cellebrite’s Physical Analyzer enables in-depth analysis of encrypted/decrypted and deleted mobile device data, while Cellebrite’s Premium Extraction solution allows for advance password cracking of most Android devices and many iOS devices. The resultant evidence from Cellebrite’s software is industry standard for presenting mobile devices and cloud evidence in the court room.
These capabilities directly align with the Police Department’s mission to enhance investigative effectiveness and reduce delays in digital evidence processing. The proposed contract would enable the department to deploy this platform across key units in Investigations and Digital Forensics.
138 of 229
,WHPO
Honorable Mayor and Members of the City Council
June 10, 2025
The City's Award of Contract Policy, Resolution No. 2025-30, mandates City Council approval for contracts other than the City's standard form agreement. Software providers like Cellbrite often use standardized terms and conditions that cannot be altered, making it necessary to use their terms instead of the City's standard form agreement. Staff, in consultation with the City Attorney, has reviewed these terms and found them acceptable.
Accordingly, staff recommends that the City Council authorize the City Manager to execute a one-year agreement with Cellebrite, acknowledging the variance in terms from the City’s standard GSA, to continue access this essential toolset within our investigative and forensic workflows.
FISCAL IMPACT:
As proposed, this contract has a duration of one year totaling $22,744.13. The services provided via this contract have already been appropriated 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, or their designee, to Sign Agreement with Cellebrite for use of their forensic products suite.
ALTERNATIVES:
1. Decline to adopt the resolution. However, this is not recommended due to the resulting limitations in investigative current capabilities, digital evidence handling, and case collaboration with prosecuting agencies.
ATTACHMENTS:
1. Resolution
2. Cellebrite Quote
3. Cellebrite Sole Source Statement
139 of 229
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 CELLEBRITE FOR DIGITAL
INTELLIGENCE AND EVIDENCE MANAGEMENT SOLUTIONS
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 San Bruno Police Department has experienced a significant increase in the volume and complexity of digital evidence derived from mobile devices, cloud storage, and encrypted communication platforms; and
WHEREAS, Cellebrite is a recognized provider of digital intelligence solutions that support lawful data extraction, analysis, and management across multiple digital sources and device types; and
WHEREAS, the Police Department evaluated Cellebrite’s platform through a trial period and determined it substantially enhances investigative capacity, supports case development, and strengthens prosecutorial collaboration; and
WHEREAS, Cellebrite’s solution aligns with the Department’s goals to modernize its digital forensics tools, ensure forensic integrity, and reduce delays in evidence processing; and WHEREAS, the Software as a Service (SaaS) nature of this product offering makes use of the City’s General Services Agreement to engage this service inappropriate.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes and empowers the City Manager to proceed with the execution of an agreement with Cellebrite for the implementation of digital intelligence and evidence management solutions.
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 June 10, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
Lupita Huerta, City Clerk
140 of 229
$77$&+0(17
141 of 229
$77$&+0(17
142 of 229
IMPORTANT: PLEASE READ THIS END CUSTOMER LICENSE AGREEMENT CAREFULLY.
DOWNLOADING, INSTALLING, ACCESSING OR USING CELLEBRITE-SUPPLIED
SOFTWARE (AS PART OF A PRODUCT OR STANDALONE)
CONSTITUTES EXPRESS ACCEPTANCE OF THIS AGREEMENT. CELLEBRITE IS WILLING
TO LICENSE SOFTWARE TO CUSTOMER ONLY IF YOU AND CUSTOMER ACCEPT ALL OF THE TERMS SET OUT IN THE AGREEMENT (as defined below).
TO THE EXTENT OF ANY CONFLICT BETWEEN THIS END Customer LICENSE AGREEMENT, ANY ADDITIONAL TERMS IN AN AGREEMENT SIGNED BETWEEN Customer AND -
ORDER OF PRECEDENCE SHALL BE (A)
THIS END CUSTOMER LICENSE AGREEMENT; (B) AN AGREEMENT SIGNED BY Customer AND CELLEBRITE;; (C)
ER
ORDER. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE, USING
THE PRODUCT OR OTHERWISE EXPRESSI NG YOUR AGREEMENT TO THE TERMS
CONTAINED IN THE AGREEMENT, YOU INDIVIDUALLY AND ON BEHALF OF THE EXPRESSLY CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT
OR ARE NOT AUTHORISED TO ACCEPT AND AGREE TO THE TERMS CONTAINED IN THE
AGREEMENT, THEN (A) DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE ANY SOFTWARE (OR, AS APPLICABLE, ANY PRODUCT IN WHICH ANY SOFTWARE IS EMBEDDED), AND (B) WITHIN THIRTY (30) DAYS AFTER RECEIPT OF ANY SOFTWARE (OR, IF AN AGREEMENT
BETWEEN CUSTOMER AND CELLEBRITE PROVIDES A SHORTER TIME PERIOD FOR
ACCEPTANCE, SUCH SHORTER TIME PERIOD FOR ACCEPTANCE), EITHER RETURN SUCH
SOFTWARE TO CELLEBRITE OR TO THE APPLICABLE AUTHORIZED RESELLER FOR FULL
REFUND OF THE SOFTWARE LICENSE FEE, OR, IF SUCH SOFTWARE IS EMBEDDED IN A
PRODUCT FOR WHICH NO SEPARATE SOFTWARE LICENSE FEE WAS CHARGED, RETURN
SUCH PRODUCT AND EMBEDDED SOFTWARE, UNUSED, TO CELLEBRITE OR TO THE
APPLICABLE AUTHORIZED RESELLER FOR A FULL REFUND OF THE LICENSE FEE PAID FOR
THE APP
RETURN AND REFUND ONLY APPLIES IF Customer IS THE ORIGINAL PURCHASER AND LICENSEE OF SUCH SOFTWARE.
1. DEFINITIONS In this Agreement, the following capitalized terms shall have the meaning set forth below:
parent corporation at any tier or an entity controlled by such party at any tier. For these purposes, e the direction of the management and policies of the
entity, whether through the ownership of more than 50% of the outstanding voting interests in such entity or otherwise.
Customer and Cellebrite.
143 of 229
with embedded License Authorization Software, including but not limited to a USB dongle with embedded License Authorization Software.
applicable Software, which may include Concurrent Users and/or Named Users, all as set forth in the Agreement. If the number of Authorized Users is not otherwise set forth in the Agreement, the number of Authorized Users shall be deemed to be equal to the number of Products (other than Authorization Products) purchased by Customer.
-commercial, evaluation, pilot, "alpha", or "beta" version of the Software. has an agreement with Customer and/or issues
invoices to Customer with respect to any Software and/or Product, as applicable.
Authorized Users (whether Named Users or not) of
Customer concurrently and/or simultaneously accessing, using or otherwise enjoying the benefit (except reviewing results of analyses generated by Software) of Software, either directly or indirectly from a remote location. If a single User connects to Software using multiple concurrent log- ins or connections, each such active logical connection or log-in is counted toward the number of Concurrent Users.
such Product is sold by Cellebrite or an authorized reseller of Cellebrite. Any Updates or Upgrades to otwithstanding being separately
delivered from the applicable Product.
regulation, rule or other binding restriction or requirement of or by any governmental authority, as may be amended, changed or updated from time to time.
is embedded that is used to validate the authorized use of standalone Software. assignment of a single user ID, regardless of whether such User is using Software at any given time. A non-human device capable of accessing or access Software is counted as a Named User.
Authorization Products.
Desktop Protocol (RDP) and Windows Remote Management (WinRM), used to connect a single remote computer ( e.g., a laptop) to a single host computer ( e.g., a desktop) with an Authorization Product directly connected to such host computer for each Authorization Product then licensed by Customer, as long as such Authorized User, single remote computer and single host computer with an Authorization Product are all located in the Territory. or capability of any Cellebrite-
Embedded Software, Upgrade, Update, standalone software or any License Authorization Software.
144 of 229
Software was licensed from Cellebrite or an authorized reseller of Cellebrite. either as a standalone feature or as part of any Software, and which may be subject to additional end user license restriction and agreements.
business.
corrections of any substantial defects; (ii) fixes of any minor bugs; (iii) at the sole discretion of Cellebrite, allowing additional compatibility of the Software with mobile devices provided by Third Parties; and/or (iv) at the sole discretion of Cellebrite, minor enhancements to the Software; provided, however, that Updates shall not include Upgrades. Updates are generally identified by Cellebrite by a change to the version number to the right of the first decimal point (e.g., version 4.1 to 4.2). (i) provide additional value and utility; (ii) may be priced and offered separately as optional additions to any Software; and/or (iii) are not generally
separate charge. Upgrades are generally identified by Cellebrite by a change to the version number to the left of the first decimal point (e.g., version 4.2 to 5.0).
2. LICENSE GRANT
A. Software. Subject to the terms and conditions of this EULA, during the License Term, Cellebrite grants Customer, and Customer accepts, upon delivery of any Software, a non-exclusive, non- transferable, royalty free, and non-sublicensable license to the Software to (i) allow Authorized Users to use such Software, in executable form only, and any accompanying Documentation, other purpose, strictly in the Territory, only as authorized in this Agreement and subject to the terms hereof; and (ii) (iii) where the Software in not provided as Embedded Software, keep one (1) copy of Software strictly for backup, archival or disaster recovery purposes.
For purposes of this
organization;
An investigation of fraud, intrusion or assault incidents, including DFIR conducted by the An eDiscovery process performed as part of legal proceedings where the Customer is a Party;
organization;
Law enforcement activities, crime and/or terrorism prevention;
145 of 229
Notwithstanding the
i. Embedded Software Limitations. Customer may only use Embedded Software for execution on the unit of Product originally delivered to Customer with such Embedded Software installed or any replacement unit provided under a warranty from Cellebrite. Any Update or Upgrade of such Embedded Software that Cellebrite has licensed to Customer may be loaded and executed only on the unit of Product on which any originally licensed Software is authorized to execute.
ii. License Exclusion. Notwithstanding anything to the contrary, except as may otherwise be required by applicable Law, no license is granted for installation or use of any Software on any Product resold by anyone who is not an authorized reseller of Cellebrite for such Product.
iii. Single Product; Single Authorization Product
is limited to a license to use such Embedded Software on one (1) Product for each Product Authorization Software is limited to a license to use such License Authorization Software on one (1) Authorization Product for each license to such standalone Software the authorized use of which is validated by such License Authorization Software and where such license is
iv. Authorization Products. Without limiting Section 2.D, Customer shall not, and shall not permit any User to, use any Authorization Product on a computer other than the computer to which such Authorization Product is directly connected ( i.e. not through a network), except that an Authorized User may use
Analyzer. Customer shall ensure that multiple users cannot use Remote Access Protocol to access UFED Physical Analyzer simultaneously. For the avoidance of doubt, subject to the terms and conditions of this EULA, sharing a USB dongle among Concurrent Users is permitted.
v. Remote Access Protocol. Customer expressly acknowledges, agrees and warrants that except as required for use by Concurrent Users as allowed by the Agreement and as provided herein each computer running an Authorization Product will be configured or at least limited to serve only one remote connection at a time. In other words, only one Authorized User can use a Remote Access Protocol at the same time. For example, if a host computer is installed with UFED Physical Analyzer, Customer will ensure that it is not possible for multiple remote users to connect to the host computer and/or ensure that the foregoing does not occur. Regarding any other Cellebrite products or software other than yzer, Customer may not use a Remote Access Protocol unless expressly agreed to in writing by Cellebrite. Regarding Endpoint Inspector and/or Endpoint Mobile, it is hereby clarified and agreed that: (i) Customer may use Remote Access Protocol and allow Authorized and Concurrent Users to use outside of Territory, as detailed in the Agreement; and (ii) Cellebrite may, at its sole discretion, inform any Endpoint Inspector and/or Endpoint Mobile application that will be installed and/or operated on or in relation to the
vi. Named Users. If the Agreement specifies that any Software may be used by Named Users, Customer shall (i) assign a unique login credential for access and use of the Software to each
146 of 229
Named User, (ii) ensure that the Software is used only by the applicable Named Users, (iii) ensure that Users do not share login credentials, and (iv) maintain the security and confidentiality of its Named User login credentials.
vii. Concurrent Users. If the Agreement specifies that any Software may be used by Concurrent Users, Customer may install one instance of such Software on one (1) designated host server for concurrent and simultaneous use and/or access by the applicable number of Concurrent Users.
The number of Concurrent Users accessing such Software at any time may not exceed the number of Concurrent Users specified in the Agreement. Customer must keep a record of all Authorized Users who are Concurrent Users.
viii. Former BlackBag Software Users. Each copy of the Inspector, Digital Collector, Mobilyze, or SoftBlock Software may only be used, executed, or displayed by one (1) Authorized User Licensed System
computer to which an activation key provided by BlackBag has been connected or accessed, as authorized by BlackBag in the applicable License Confirmation. . Cellebrite Premium-aaS; Cellebrite InsEYEts; Mobile Ultra, Mobile Elite, Cellebrite Subject to
ent and/or in
any applicable quote issued to Customer by Cellebrite in connection with each of the Services listed above, Cellebrite further grants to Cust omer, during the relevant Subscription Term , a limited, non-exclusive, non-transferable (a) right to access and use the Service in accordance with any relevant printed, paper, electronic or online user instructions and help files made available by Cellebrite for use with the Service, as may be updated from time to time by Cellebrite, and (b) license to download any relevant Software where Software components are offered by Cellebrite for the purpose of using the Service, in each case strictly under the terms of License set out in this Section 2, solely for the Authorized Purposes and strictly for the benefit of Customer. By accessing and/or using the Service, Customer expressly acknowledges and agrees that operational and usage information shall be shared with Cellebrite for the purpose of providing the Service. Such information may include, but is not limited to the number of unlocking actions purchased by the Customer and/or left for use, types of Software downloaded by Customer for the purpose of using the Service, etc. The Service may be affected continuous and uninterrupted. Customer
acknowledges that the Service may be subject to limitations and/or delays inherent in the use of the internet and electronic communications, and Cellebrite is not responsible or liable for any delays, delivery failures or other damage resulting from those technical difficulties beyond its control.
Cellebrite Premium-aaS; Cellebrite InsEYEts; Mobile Ultra and Mobile Elite Services and hardware components provided with the Services, inside a secured room, lab, or office, where the security measures used to secure the Services and respective components are consistent with security measures undertaken by the Customer to protect its most sensitive activities.
. The following are additional terms for the purchase of speech to text and/or translation services
1.1. If the Language Services and the Pathfinder license are purchased together, both will be installed at the same time and licenses will start upon the completion and acceptance of the installation.
147 of 229
1.2. If the Language Services are purchased at a later date, as an addition to an existing Pathfinder license, then:
1.2.1. The term of the Language Services shall commence 60 days after the date of the Quote for the purchase of Language Services.
1.2.2. The term of the Language Services will expire at the end of the existing Pathfinder Subscription Term, which the Language Services have been added to.
1.3. Use of the Language Services is subject to the Agreement and the technical requirements for the Customer System therein, any additional technical requirements made by Cellebrite in writing and the completion of the Language Service installation. B. Software Provisions.
i.
Any use or operation of the Product, including the Software, with any product and/or mobile device developed, manufactured, produced, programmed, assembled and/or otherwise maintained by any person or entity shall be permitted only after the User has obtained any consents or approvals required (to the extent required) pursuant to applicable Law.
ii. UNDER NO CIRCUMSTANCES SHALL CELLEBRITE, ITS OFFICERS, EMPLOYEES
OR REPRESENTATIVES BE LIABLE TO CUSTOMER, USER OR ANY THIRD PARTY
UNDER ANY CAUSE OF ACTION (WHETHER IN CONTRACT, TORT OR
OTHERWISE) FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY OR OTHER INDIRECT DAMAGES UNDER ANY LEGAL THEORY
ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE CELLEBRITE
SOFTWARE IN CONNECTION WITH ANY PRODUCT AND/OR MOBILE DEVICE
DEVELOPED, MANUFACTURED, PRO DUCED, PROGRAMMED, ASSEMBLED
AND/OR OTHERWISE MAINTAINED BY ANY PERSON OR ENTITY, WITHOUT OBTAINING EACH APPLICABLE CONSENT AND APPROVAL.
iii. No Obligation. Nothing in this EULA requires Cellebrite to provide Updates or Upgrades to Customer.
iv. Trial and Beta Software Licenses. Subject to the terms and conditions of this Agreement, Cellebrite may grant Customer with, and Customer accepts, a nonexclusive, time-limited and nontransferable license, effective upon delivery, to use a copy of Software or a Beta Version of the Software, in executable form only, and any accompanying Documentation, only for Cellebrite with respect thereto, in the Territory, and not for any business or productive purposes, for a period as specified by Cellebrite at its sole discretion, and subject to the restrictions in Section 2.
Customer assumes all risks and all costs associated with its use of the Trial and/or Beta Software, any obligations on behalf of Cellebrite to indemnify, defend, or hold harmless under Beta
Software. sole and exclusive remedy with respect to such Trial and/or Beta Software is termination of the license thereto. There is no guarantee that features or functions of the Trial and/or Beta Software will be available, or if available will be the same, as in the general release version of the Software. Cellebrite will be under no obligation to provide Customer any maintenance or support services with respect to the Trial and/or Beta Software.
IT IS CLARIFIED THAT THE LICENSE UNDER THIS SUB-SECTION IV IS PROVIDED
ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS IN
148 of 229
RELATION TO THE TRAIL AND/OR BETA SOFTWARE, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY OR NON-INFRINGEMENT. IN NO EVENT WILL CELLEBRITE BE LIABLE TO Customer OR TO ANY OTHER PARTY FOR ANY
LOSS, DAMAGE, COST, INJURY OR EXPENSE, INCLUDING LOSS OF TIME, MONEY
OR GOODWILL, OR FOR DAMAGES OF ANY KIND, WHETHER DIRECT, SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL IN RELATION TO THE TRAIL AND/OR BETA SOFTWARE.
v. Customer represents, warrants and covenants to Cellebrite that (a) only Users of Customer who have obtained any necessary consents and approvals pursuant to applicable Law shall be permitted to use any of the Products and/or Software; (b) Users of Customer shall only use any of the Products and/or Software in compliance with the terms of service, terms of use or other agreement with a Third Party; and (c) Customer and its Users shall only use any of the UFED family of Products in compliance with all applicable Laws.
C. License Prohibitions. Notwithstanding anything to the contrary, Customer shall not, and shall not permit, authorize or engage any Third Party to:
i. modify, reverse compile, reverse assemble, reverse engineer or otherwise translate all or any portion of any Software, or create derivative works thereof; ii. assign, pledge, rent, lease, sublicense, share, distribute, sell or otherwise transfer the Software, any copy thereof, or any rights granted hereunder, to any third party, including without limitation selling any Product in a secondhand market;; iii. use any Software to provide service to any Third Party including by use on a time sharing, service bureau, application service provider (ASP), software as a service (SAAS), cloud services, rental or other similar basis;
iv. make copies of or reproduce of any Software and/or Documentation, except as provided for in the license grant above;
v. remove, alter, deface, cover, obfuscate or destroy any proprietary markings, copyrights notices, proprietary legends, labels or marks placed upon or contained within any Products and/or Software (including, without limitation, any copyright or other attribution statements such as for open source software);
vi. use any Embedded Software other than with Products provided by Cellebrite or an authorized reseller of Cellebrite or for more than the number of Products purchased from Cellebrite or an authorized reseller of Cellebrite;
vii. disclose any results of testing or benchmarking of any Software to any Third Party; viii. use any Update or Upgrade beyond those to which Customer is entitled or with any Software to which Customer does not have a valid, current license; ix. deactivate, modify or impair the functioning of any disabling code in any Software; x.
mechanisms;
xi. use the Product, any Software or any Third Party Software, alone or in combination with other activities, products or services, in any activity or manner that violates or supports, assists, facilitates, enables, constitutes or is otherwise deemed to be in violation of:
149 of 229
(1) any order, regulation or Law (including but not limited to any Law with respect to human rights or the rights of individuals) or to support any illegal activity; (2) any human rights standards of any person, group, or community, and best practice including internationally recognized human rights instruments, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Labor Organization Declaration on Fundamental Principles and Rights at Work;
(3) any rights of any Third Party.
xii.
where Customer charges fees or receives other consideration for such training, except as authorized by Cellebrite in writing;
xiii. combine or operate any Products or Software with other products or software, without prior written authorization of Cellebrite or its Affiliates, including without limitation any installation of any software on any Product; or,
xiv.
attempt any of the foregoing.
The licenses set out hereunder are at all times subject to these prohibitions and any contravention thereof shall constitute a material breach of this Agreement. Cellebrite expressly reserves the right to seek all available legal and equitable remedies to prevent any of the foregoing and to recover any lost profits, damages or costs resulting from any of the foregoing.
affiliates, employees, contractors, licensors, suppliers or Customers. If the event that the Customer is a governmental body the followings shall also be included: any federal, state, local, judicial or other governing body having jurisdiction over any of the foregoing.
D. Legal Exception. Customer agrees that, to the extent that any applicable Law (including without limitation national laws implementing 2009/24/EC on the Legal Protection of Computer Programs) grants Customer the right to reverse engineer any Software to make it interoperable without of such desire and, no later than sixty (60) days following receipt of such request, Cellebrite may decide either to: (a) perform the work to achieve such interoperability and charge its then-standard rates for such work to Customer; or (b) permit Customer to reverse engineer parts of such Software only to the extent necessary to achieve such interoperability. Only if and after Cellebrite, at its sole rights.
E. Network Usage
network and Internet connection for the limited purpose of transmitting license-related data at the time of installation, registration, use or update of Software to a Cellebrite-operated license server.
At such time, Cellebrite may validate the license-related data in order to protect Cellebrite against unlicensed or illegal use of any Software. At its option, Cellebrite may only permit activation of Software u
license server.
F.
Third Party Software. Customer acknowledges and agrees that the access and use of any Software (or certain features thereof) may involve access and/or use of Third Party Software. In addition to
150 of 229
the Agreement, Customer shall comply with the terms and conditions applicable to any such Third Party Software, including without limitation the following terms and conditions:
i. Bing Maps - https://www.microsoft.com/en-us/maps/product/terms-april- 2011; http://aka.ms/BingMapsMicrosoftPrivacy
ii. OpenStreetMap http://www.openstreetmap.org/copyright iii. Chainalysis Inc. - https://legal.cellebrite.com/intl/ChainalysisEULA.htm
Additional Third Party Licenses can be found here: https://www.cellebrite.com/en/blackbag- agreements/#third_party
G. No Implied Licenses. Except for the express licenses set forth herein, Cellebrite does not grant any license to Customer, whether by implication or otherwise.
H. Reserved.
I. Open Source Software.
i. Software may use and/or be provided with third party open source software, libraries or other components detailed in the open source notices
files separately conveyed to Customer. To the extent so stipulated by the license that governs is licensed directly to Customer from its respective licensors and not sublicensed to Customer by Cellebrite, and such Open Source Component is subject to its respective Open Source License, and not to this Agreement. If, and to the extent, an Open Source Component requires that this Agreement effectively impose, or incorporate by reference, certain disclaimers, permissions, provisions, prohibitions or restrictions, then such disclaimers, permissions, provisions, prohibitions or restrictions shall be deemed to be imposed, or incorporated by reference into this Agreement, as required, and shall supersede any conflicting provision of this Agreement, solely with respect to the corresponding Open Source Component which is governed by such Open Source License.
Open-Source Component list can be found under Cellebrite Customer Community here: https://community.cellebrite.com/s/product-and-licenses?activetab=products
ii. If Customer or another party on its behalf, modifies, replaces or substitutes any Open Source Component used in or provided with this Software, Customer hereby fully, forever, irrevocably and unconditionally releases and discharges Cellebrite, its Affiliates and its and their employees, officers, directors, resellers, distributors and representatives from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, covenants, liabilities, warranties, performance and maintenance and support obligations
every kind and nature, with respect to such Software, including without limitation any such Released Claims that arise as a matter of applicable Law.
iii. If an Open Source License requires that the source code of its corresponding Open Source Component be made available to Customer, and such source code was not delivered to Customer with the Software, then Cellebrite hereby extends a written offer, valid for the period prescribed in such Open Source License, to obtain a copy of the source code of the
151 of 229
corresponding Open Source Component, from Cellebrite. To accept this offer, Customer shall contact Cellebrite at [email protected].
J. Personal Data. The parties acknowledge and agree that: (a) Within the scope of this Agreement, the Product is an on-premise solution used and operated solely by Customer without the involvement of Cellebrite; (b) Cellebrite is not engaged in any processing of
Laws governing data privacy and data protection) that flows through the Product; and therefore (c) with respect to Cellebrite activities in the scope of this Agreement, Cellebrite is neither a controlle nor
protection).
K. Aggregated Statistics and Usage Data. Customer hereby agrees and consents that Cellebrite may other information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Software, products and Aggregated Statistics As between Cellebrite and Customer, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, shall belong to and are retained solely by Cellebrite. Customer acknowledges and agrees that Cellebrite will be compiling Aggregated Statistics including information and inputs Customer and by other Customers and Customer agrees that Cellebrite may (a) make such Aggregated Statistics publicly available, and (b) use such information to the extent and in the manner permitted by applicable law or regulation and for any purpose of data gathering, analysis, service and product enhancement and marketing, provided that such data and information does not identify Customer or its Confidential Information.
L. The Customer acknowledges and agrees that Cellebrite may deliver non-personalized in-app notifications, including pop-ups, updates, and product related services, as part of the Cellebrite product experience.
3. OWNERSHIP
A. Title to Software. Notwithstanding anything to the contrary, Software furnished hereunder is provided to Licensee subject to and in accordance with the terms and conditions of the EULA. All title and interest of the Software, Services and and/or any related Documentation and any derivative works thereof shall remain solely and exclusively with Cellebrite or its licensors, as applicable.
Nothing in this Agreement constitutes a sale, transfer or conveyance of any right, title or interest in any Software Service and/or Documentation or any derivative works thereof. Any reference to a sale of Products shall be understood as a license to Software or Services under the terms and conditions of this Agreement.
B. Intellectual Property. All intellectual property rights relating to the Software and/or the Products, including without limitation, all patents, trademarks, algorithms, binary codes, business methods, computer programs, copyrights, databases, know-h ow, logos, concepts, techniques, processes, methods, models, commercial secrets and any other intellectual property rights, including any new developments or derivative works of such intellectual property, whether registered or not, are and shall remain the sole and exclusive property of Cell ebrite or its licensors, as applicable. All right, title and interest in and to any inventions, discoveries, improvements, methods, ideas, computer and other software or other works of authorship or other forms of intellectual property which are made, created, developed, written, conceived of or first reduced to practice solely, jointly with Licensee or on behalf of Licensee shall be and remain with Cellebrite or its licensors, as applicable. Any suggestions, improvements or other feedback provided by Licensee to Cellebrite regarding any
152 of 229
Products, Software or services shall be the exclusive property of Cellebrite. Licensee hereby freely assigns any intellectual property rights to Cellebrite in accordance with this Section, including any moral rights, and appoints Cellebrite as its attorney-in-fact to pursue any such intellectual property rights worldwide.
4. CONFIDENTIALITY The parties may each disclose to the other proprietary information related to and any technical information related thereto are Confidential Information of Cellebrite without any be deemed Confidential Information if the disclosing party says it is proprietary and summarizes it in a writing to the other party within twenty (20) days of the oral disclosure.
Pursuant to 18 U.S.C. §1833(b) , Customer shall not be held criminally or civilly liable under any Federal or State trade secret law
Trade Secrets (as defined below) only
if such disclosure is made: (i) in confidence to a Federal, State, or local government official, solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. In court proceedings law, Customer may
only disclose Cellebrite Trade Secrets Trade
Secret information, if Customer (i) files documents containing Trade Secrets under seal; and (ii) Customer does not otherwise disclose Cellebrite Trade Secrets, except pursuant to a court order. economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if: (a) Cellebrite has taken reasonable measures to keep such information secret; and (b) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.
The receiving party shall: (a) hold Confidential Information in confidence using the same degree of care as it normally exercises to protect its own proprietary information but at least reasonable care, (b) restrict disclosure and use of Confidential Information to only employees (including any agents, contractors or consultants) with a need to know who are advised of their obligations with respect to Confidential Information, (c) not copy, duplicate, reverse engineer or decompile Confidential Information, (d) use Confidential Information only in furtherance of performance under the Agreement, and (e)
return all Confidential Information to the disclosing party.
The receiving party shall have no obligation regarding Confidential Information that: (a) was previously known to it free of any confidentiality obligation, (b) was independently developed by it, (c) is or becomes publicly available other than by unauthorized disclosure, (d) is disclosed to third parties by the disclosing party without restriction, or (e) is received from a third party without violation of any confidentiality obligation.
If a party is faced with legal action or a requirement under applicable Law to disclose or make available Confidential Information received hereunder, such party shall promptly notify the disclosing party and, upon request of the latter, cooperate in conte
expense. Neither party shall be liable for damages for any disclosure or unauthorized access pursuant to legal action or applicable Law or for inadvertent disclosure, access, or use if the customary degree
153 of 229
of care as it uses with respect to its own proprietary information has been exercised and if, upon discovery of such inadvertent disclosure, access, or use the receiving party has endeavored to prevent any further (inadvertent or otherwise) disclosure or use.
5. EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITY.
A. Definitions. For purposes of the exclusive remedies and limitations of liability set forth in this Section 5, Cellebrite shall be deemed to include its Affiliates and its and their directors, officers, employees, agents, representatives, shareholders, subcontractors shall be deemed to refer collectively to all injury, damage, loss or expense incurred.
B. Exclusive Remedies
Cellebrite for any damages caused by any Product or Software defect or failure, or arising from the performance or non-performance of any obligation under the Agreement, regardless of the form of action, whether in contract, tort including negligence, strict liability or otherwise shall be:
i.
damages; and
ii.
an amount not to exceed the total amount paid by Customer to Cellebrite during the twelve (12) month period that immediately preceded the event that gave rise to the applicable claim.
C. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
CELLEBRITE SHALL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY,
CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED
TO LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, WHETHER OR NOT CELLEBRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
PROVISION SHALL APPLY EVEN IN THE EVENT OF THE FAILURE OF AN EXCLUSIVE REMEDY.
D. No Liability to any Third Party. TO THE MAXIMUM PERMITTED EXTENT, CELLEBRITE
DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED
TO ANY PRODUCT OR SOFTWARE OR LICE NSING OF ANY SOFTWARE TO, OR USE BY, ANYONE OTHER THAN Customer.
E. Third Party Software and Customer System Liability. Notwithstanding anything to the contrary, Cellebrite shall not be liable to Customer or any User for any damages due to use of any Third Party Software or Customer System. The limitations and exclusions from liability under the terms and conditions applicable to any Third Party Software or Customer System (which are applicable to the arrangement between Customer and the applicable provider of such Third Party Software or System) shall govern and apply with respect to the use of each such Third Party Software or System.
Additionally, Cellebrite does not provide any warranty with respect to any Third Party Software or Customer System. The warranty provided by the terms and conditions applicable to any Third Party Software or Customer System (which are applicable to the arrangement between Customer and the applicable provider of such Third Party Software or System) shall apply to Third Party Software or System.
F. AI-generated results: The results generated by AI features are automatically produced, not by humans, and may be inaccurate, incorrect, or contain non-unique elements, or display content similar to that shown to other customers or users. Manual or human review is required. The use of
154 of 229
7. CELLEBRITE INDEMNITY Cellebrite will, at its expense: (i) indemnify, defend and hold Customer and its Affiliates and its and their officers and directors harmless from any Third Party claim to the extent alleging that any Software furnished under this Agreement directly infringes any patent, copyright or trademark or misappropriates any trade secret, in each case having legal effect in the Territory; (ii) reimburse Customer for any expenses, costs and liabilities (including reasonable against Customer and attributable to such claim.
In connection with satisfying its obligations hereunder, Cellebrite may, at its option and expense: (a) procure for Customer and/or its Customers the right to continue using such Software or any Product on which such Software is embedded; (b) replace or modify any such Software or any Product on which such Software is embedded, to be free of such infringement; or (c) require return of such Software or any Product on which such Software is embedded, and refund the purchase price or license price depreciated on a straight-line basis over a three (3) year period from the delivery date.
Cellebrite shall have no obligations under this Section 7 with respect to any Excluded Item.
prompt written notice (within no more than thirty (30) days) after any such claim, unless Cellebrite would not be materially prejudiced thereby; (2) Cellebrite having complete control of the defense and settlement of such claim; (3) Customer cooperating fully with Cellebrite to facilitate the defense or The sale of any Product by Cellebrite shall not in any way confer upon Customer, or upon anyone claiming under Customer, any license (expressly, by implication, by estoppel or otherwise) under any patent claim of Cellebrite or others covering or relating to any combination, machine or process in which such Product is or might be used, or to any process or method of making such Product.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDY AND OBLIGATION OF
THE PARTIES HERETO FOR INFRINGEMENT OR OTHER VIOLATION OF ANY
INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF THIS AGREEMENT AND IS IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN REGARD THERETO.
8. DISABLING CODE
A. Disabling Code. Software may be provided to Customer with code that allows Cellebrite to disable such Software. Except as provided in Section 8.B, Cellebrite will not invoke such disabling code
B. Invocation of Disabling Code. Notwithstanding anything to the contrary, Cellebrite may invoke the has been, is being, or will be used in violation of Laws; (ii) Cellebrite is required to do so because of a court or regulatory order; (iii) Customer has not paid an outstanding invoice more than sixty (60) days after such invoice is due, or; (iv) Customer has used the Software other than as authorized by C
of any such disabling code.
9. TERM AND TERMINATION
155 of 229
A. Term
The License Term shall be determined in a separate agreement between Cellebrite and the Customer.
B. Termination. Cellebrite may terminate this EULA and revoke the license granted hereunder (i) breach of this EULA by the end of such thirty (30) day notice period, or (ii) if Customer has not paid any invoice sixty (60) days after such invoice is due, or (iii) by providing a written notice to be immediately effective in case Cellebrite reasonably determines that it can no longer comply with the terms of the Agreement in accordance with the requirement of any applicable law, rule and/or regulations. Termination of the Agreement in accordance with this Section shall not impose on Cellebrite liability of any kind . Upon termination or expiration of this EULA, (a) Customer shall be responsible for payment for all purchase orders delivered to Customer by Cellebrite before the effective date of termination and (b) Customer shall destroy all copies of any Software under
C. Survival. The provisions of Sections 1-5, 6, 9, and 10-15 of this EULA shall survive any termination or expiration of this EULA.
10. CHOICE OF LAW; JURISDICTION; GOVERNING LANGUAGE
A. Choice of Law; Jurisdiction.
i. The Parties agree to meet and discuss any dispute or claim relating to the Agreement prior to seeking any judicial resolution, for a period of at least thirty (30) days, during which either party may request confidential mediation. If either party requests confidential mediation, the Parties shall conduct a minimum of two (2) days of confidential mediation with a neutral mediator selected by the American Arbitration Association in California.
ii. This Agreement and any disputes or claims arising hereunder are governed by the Laws of, and subject to the exclusive jurisdiction of, the country of incorporation of the Cellebrite entity that sold any Product or licensed any Software to Customer, without giving effect to any choice of Law rules or principles. In case of sales or licenses in the United States of America, this Agreement and any disputes or claims arising hereunder are governed by the laws of the State of California and subject to the exclusive jurisdiction of the federal or state courts in California, without giving effect to any conflict of Law rules or principles.
B. Litigation Support. Cellebrite will only provide litigation support or testimony related to this fees, lost opportunity costs, and other applicable amounts. Purchaser will contact Cellebrite for a quote.
C. Governing Language. The parties hereto have required that this EULA be drawn in the English language, and that the English language version shall control over any translations thereof. If Customer is located in Quebec, the following sentence shall apply: Les parties conviennent que cette EULA soient rediges en anglais.
11. ASSIGNMENT Except to the extent otherwise required by applicable Law or expressly provided for assignment generally in the Agreement, no license provided to Customer is sublicensable, transferable or assignable by Customer, including by operation of Law, change of control, merger, purchase or otherwise, without the prior written consent of Cellebrite in each instance. Other than as
156 of 229
expressly permitted by the foregoing, any attempted sublicense, transfer or assignment by Customer shall be null and void.
12. NO-WAIVER No course of dealing or failure of either party to strictly enforce any term, right or condition of the Agreement shall be construed as a waiver of such term, right or condition.
13. ENTIRE AGREEMENT The terms and conditions contained in this EULA supersede all prior oral or written understandings between the parties and shall constitute the entire agreement between the parties with respect to the subject matter of this EULA, except as provided for in the preamble to this EULA.
14. CONSTRUCTION; SEVERABILITY The headings used in this EULA are for reference purposes only and will not be deemed to limit, expand or in any way affect the interpretation of any term or provision hereof. If any provision of this EULA is held to be invalid or unenforceable for any reason, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired.
The parties shall interpret the affected provision in a manner that renders it enforceable while attempting to closely approximate the intent and effect of the affected provision.
15. USA GOVERNMENT USERS ONLY
This Section does not apply to any private enterprise, public or private corporation, law firm, consulting company, digital forensics company, non-law enforcement agency, private person, or any other corporate entity that is a Licensee.
A. U.S. Government Customers. The Software and Services were developed exclusively at private
2.101. Use, duplication or disclosure of the Software by the U.S. Government are subject to restrictions set forth in this Agreement, in accordance with FAR 12.212 and/or DFARS 227.7202- 4, as applicable.
INAPPLICABLE TERMS AND PROVISIONS VOID AB INITIO . This Section only applies to U.S. local, county, state, governmental agencies and other U.S. law enforcement agencies that are state or federally funded by th e United States Government. Subject to the foregoing statements, to the extent that any term or provision of the Agreement, is considered void ab initio, or is otherwise unenforceable against the Licensee pursuant to applicable U.S. Law that expressly prohibits Licensee from agreeing to such term or condition, then such conflicting term or provision in this Agreement shall be struck to the extent to make such term or provision enforceable, and the remaining language, if any, shall remain in full force and effect. Any Licensee policies or procedures which are not expressly required by U.S. Law, shall not apply or be incorporated into the Agreement.
16. WARRANITES
A. Hardware Warranty.
Subject to the remaining Sections of this Appendix I, Cellebrite warrants that each Product, including all firmware but excluding 1) Software, for which the warranty is only as provided under Section B, 2) other Accessories, for which the warranty shall be as provided below, and 3) related services or prototypes of any Product, shall perform in substantial conformance with its Warranty Period If any failure to
Defect
157 of 229
Licensee, after obtaining return authorisation information from Cellebrite, shall ship suspected Licensee's expense. No Product will be accepted for repair, replacement, credit or refund without the written authorization of Cellebrite. Celleb rite shall analyse the Defect and any technical information provided by Licensee to verify whether any Defect appears in the Product.
If a returned Product does not have a Defect, Licensee shall pay Cellebrite all costs of handling, -prevailing rates. If a returned Product
has a Defect, Cellebrite shall, at its option, either repair or replace the defective Product with the receipt of the returned Product, repair or replacement has not occurred then Cellebrite will credit or refund (at Cellebrite's option) the purchase price, provided: (i) Licensee notifies Cellebrite in writing of the claimed Defect within thirty (30) days after Licensee knows or reasonably should know of the claimed Defect, and (ii) the Defect appears within the Warranty Period. Cellebrite destination. Title to any replaced Product or replaced parts of any Product shall pass to Cellebrite upon delivery.
In no event shall Cellebrite be responsible for deinstallation or reinstallation of any Product or for the expenses thereof. Repairs and replacements covered by the above warranty will perform in substantial conformance with the Documentation for a period of (i) six (6) months from the date of repair or replacement or (ii) until the expiration of the original Warranty Period, whichever is later.
Accessories shall perform in substantial conformance with their Documentation for six (6) months Accessories Warranty Period
accessories during the Accessories Warranty Period, Licensee, after obtaining return authorisation information from Cellebrite, shall ship suspected defective Accessories to Cellebrite in accordance nstructions. No Accessories will be accepted for repair or replacement without the written authorisation of Cellebrite. If returned Accessories do not have a Defect, Licensee shall -
prevailing rates. If returned Accessories have a Defect, Cellebrite shall either repair or replace the defective Accessories with the same or equivalent Accessories without charge. Title in any replaced Accessories shall pass to Cellebrite upon delivery of the replacement Accessories.
Accessories
conjunction with, the Products, including without limitation, cables, kits, connectors or other accessories.
B. Software Warranty:
Cellebrite warrants to Licensee that for a period of sixty (60) days after the date of shipment, the Software will perform substantially in conformance with its Documentation. and exclusive remedy, Cellebrite will, at its sole expense, and as its sole obligation, promptly repair or replace any Software that fails to meet this limited warranty Software shall be provided with an initial twelve (12) months license which may be renewed by Purchaser for additional terms against payment of Software License Period
During the Software License Period Cellebrite shall provide Purchaser with periodical Software Updates, at Cellebrite's sole and absolute discretion.
C. Exclusions:
158 of 229
of the Products or Software in violation of Section 2(C) the Products or Software in an operating environment contrary to specific written instructions and or omissions, including physical damage, fire, loss or theft of a Product; (d) cosmetic damage to the outside of a Product, including ordinary wear and tear, cracks or scratches; (e) for any Product with a touch screen, any Defect in such a touch screen after thirty (30) days from the date of receipt misconduct; (f) maintenance of the Products or Software in a manner that is contrary to written instructions provided by Cellebrite to Licensee; (g) a product or service not provided, authorised or approved by Cellebrite for use with the Products or Software; (h) any repair services not authorised or approved by Cellebrite; (i) any design, documentation, materials, test data or diagnostics supplied by Licensee that have not been authorised or approved by Cellebrite; (j) usage of any test units, experimental products, prototypes or units from risk lots (each of which is y third party original
phones or models of phones from working with the Products or Software; (l) any damage to a third party device alleged to or actually caused by or as a result of use of a Product or Software with a device; (m) any Products that have had their serial numbers or month and year of manufacture or shipment removed, defected or altered; (n) any interactions or other effects relating to or arising out of the installation of copies of the Software beyond the number of copies authorised by an agreement between Cellebrite and Licensee; (o) use of Products or Software incorporated into a system, other than as authorised by Cellebrite; or (p) any Products or Software that has been resold or otherwise transferred to a third party by Licensee (any Product or Software affected by the cases in (a)-
Excluded Item
and Cellebrite makes no warranties with respect to the computer or other platform on which the Software is installed or otherwise embedded.
D.
Warranty Limitations:
EXCEPT AS STATED IN THIS WARRANTY, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, CELLEBRITE, ITS SUBSIDIARIES AND AFFILIATES, SUBCONTRACTORS
AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS,
WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, AT COMMON LAW OR BY
STATUTE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AND/OR CONDITION
RELATING TO THE PRODUCTS, SERVICES, OR THE CONFIDENTIAL INFORMATION,
INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, PATENT SUFFICIENCY,
FITNESS FOR A PARTICULAR PURPOSE, USE, VALUE, NONVIOLATION OF PRIVACY
RIGHTS, OR NONINFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF A
THIRD PARTY, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING
OR PERFORMANCE OR USAGE OF TRADE, AND THE EQUIVALENTS THEREOF UNDER
THE LAWS OF ANY JURISDICTION OR THAT THE PRODUCTS WILL BE OF SATISFACTORY QUALITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REPAIR OR (ii) TO REPLACE OR, (iii) IF NEITHER (i) NOR (ii) IS COMMERCIALLY
FEASIBLE, TO CREDIT OR REFUND (AT CELLEBRITE'S OPTION) SUCH ITEM AS SET FORTH ABOVE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE
EXPRESS WARRANTY FAILS OF ITS ESSENTIAL PURPOSE
159 of 229
Cellebrite expressly disclaims and renounces any warranty or representation that the Products and/or the Software can work with all types of devices, any particular device, or with any particular version of any operating system. Licensee assumes the entire risk and all liabilities that the Product -
E. Repaired or Replaced Products:
Before returning a Product for service, Licensee will back up any data contained in such Product. IN NO EVENT WILL CELLEBRITE, ITS AFFILIATES OR SUPPLIERS BE LIABLE
TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND
WHATSOEVER RELATING TO OR ARISING OUT OF DAMAGE TO, LOSS OF, OR
CORRUPTION OF, ANY RECORDS, PROGRAMS, DATA OR INFORMATION RESULTING WARRANTY, OR AS A RESULT OF A FAILURE OR MALFUNCTION OF A PRODUCT.
EULA Version: November 2024
160 of 229
Cellebrite Inc., 8065 Leesburg Pike, Suite 302, Vienna VA, 22182 Tel: (800) 942-3415 • www.cellebrite.com
Tax ID: 22-ϯϳϳϬϬϱϵͻhE^͗ϬϯϯϬϵϱϱϲϴͻ'
͗ϰϵYϳͻKZZĞŐŝƐƚƌĂƟŽŶŽŵƉůĞƚĞ
March 14, 2025
TO WHOM IT MAY CONCERN,
d Ś ŝ Ɛ ů Ğ Ʃ Ğ ƌ ŝ Ɛ Ɖ ƌ Ž ǀ ŝ Ě Ğ Ě ƚ Žŝ Ŷ Ĩ Žƌ ŵ LJ ŽƵ ƚ Ś Ă ƚ Ă ^ŽůĞ DĂŶƵĨĂĐƚƵƌĞƌ ũƵƐƟĮĐĂƟŽŶexists because the ƐŽůƵƟŽŶ ŝĚĞŶƟĮĞĚ ŝŶ ƚŚŝƐ ĚŽĐƵŵĞŶƚ͕ ƌĞƋƵŝƌĞĚ ƚŽ ƐĂƟƐĨLJ ƚŚĞ ŐĞŶĐLJ ΖƐ ŶĞĞĚƐ͕ ĂƌĞ ŽŶůLJ ŵĂŶƵĨĂĐƚƵƌĞĚ͕ĚĞǀĞůŽƉĞĚŽƌŵĂĚĞĂǀĂŝůĂďůĞĨƌŽŵĞůůĞďƌŝƚĞ/ŶĐ͘ dŚŝƐůĞƩĞƌŝĚĞŶƟĮĞƐĞůůĞďƌŝƚĞ /ŶĐ͘ƐƚŚĞƐŽůĞĞǀĞůŽƉĞƌ͕ĂŶĚDĂŶƵĨĂĐƚƵƌĞƌŽĨƌĞƐƉĞĐƟǀĞŝƚĞŵƐůŝƐƚĞĚďĞůŽǁŝŶ ĚĞƚĂŝů͗ ĞůůĞďƌŝƚĞ/ŶƐ
z
ƚƐŽƌĞͬWƌŽͬKŋŝŶĞ
ĞůůĞďƌŝƚĞ /ŶĐ͘ ǁĂƐ ĞƐƚĂďůŝƐŚĞĚ ŝŶ ϭϵϵϵ ĂŶĚ ŝƐ ďĂƐĞĚ ŝŶ DŽƌƌŝƐƚŽǁŶ͕ E: ĂŶĚ sŝĞŶŶĂ͕ s͕ ĂŶĚ ŝƐ ŝŶĐŽƌƉŽƌĂƚĞĚ ŝŶ ƚŚĞ ƐƚĂƚĞŽĨĞůĂǁĂƌĞ͘ ĞůůĞďƌŝƚĞ /ŶĐ͘ ƐƵƉƉŽƌƚƐĐƵƐƚŽŵĞƌƐ ĂŶĚƵƐĞƌƐĂƌŽƵŶĚ ƚŚĞ ŐůŽďĞŝŶĐůƵĚŝŶŐh^͕>ĂƟŶŵĞƌŝĐĂ͕ĂŶĂĚĂ͕ĂŶĚDĞdžŝĐŽ͘tŝƚŚŵŽƌĞƚŚĂŶϲϬ͕ϬϬϬĞdžƚƌĂĐƟŽŶůŝĐĞŶƐĞƐ ĚĞƉůŽLJĞĚ ŝŶ ŵƵůƟƉůĞ ĐŽƵŶƚƌŝĞƐ͕ ĞůůĞďƌŝƚĞΖ Ɛ ĨŽƌĞŶƐŝĐ ĞdžƚƌĂĐƟŽŶƉ ƌ Ž Ě Ƶ Đ ƚ Ɛ Ś Ă ǀ Ğ ď Ğ Ğ Ŷ Ě Ğ Ɖ ů Ž LJ Ğ Ě ƚŚƌŽƵŐŚŽƵƚƚŚĞǁ ŽƌůĚ͕ĂŶĚŽƵƌĞůůĞďƌŝƚĞWĂ ƚŚĮŶĚĞƌŝƐĂŶĞ džƚĞŶƐŝŽŶŽĨƚŚĞƐĞĨŽƌĞŶƐŝĐĞdžƚƌĂĐƟŽŶ ƉƌŽĚƵĐƚƐ͘ KƵƌ ĨŽƌĞŶƐŝĐ ĞdžƚƌĂĐƟŽŶ ĐƵƐƚŽŵĞƌƐ ŝŶĐůƵĚĞ ƚŚĞ ĞƉĂƌƚŵĞ Ŷƚ ŽĨ ĞĨĞŶƐĞ͕ &ĞĚĞƌĂů 'ŽǀĞƌŶŵĞŶƚ͕/ŶƚĞůůŝŐĞŶĐĞKƌŐĂŶŝnjĂƟŽŶƐ͕DŝůŝƚĂƌLJ͕ĂŶĚ>Ăǁ ŶĨŽƌĐĞŵĞŶƚŝǀŝƐŝŽŶƐ͘
ŐĞŶĐŝĞƐƚŽĚĂLJĂƌĞĨĂĐŝŶŐƐĞǀĞƌĂůĐŚĂůůĞŶŐĞƐǁŚĞŶŝƚĐŽŵĞƐƚŽŝŐŝƚĂů&ŽƌĞŶƐŝĐƐ͗
1. ĐĐĞƐƐƚŽůŽĐŬĞĚĂŶĚĞŶĐƌLJƉƚĞĚĚĞǀŝĐĞƐ͘
2. sŽůƵŵĞŽĨĚĂƚĂĐŽůůĞĐƚĞĚ͘
3. WƌŽǀŝĚĞĨĂƐƚĞƌŝŶƐŝŐŚƚƐ͘
4. sĂƌŝĞƚLJŽĨĂƚĂƐŽƵƌĐĞƐŝŶĐůƵĚŝŶŐDŽďŝůĞĚĞǀŝĐĞƐ͕ŽŵƉƵƚĞƌ͕ůŽƵĚĞƚĐ͘ dŽĂĚĚƌĞƐƐƚŚĞƐĞĐŚĂůůĞŶŐĞƐ͕ĞůůĞďƌŝƚĞ/ŶƐĞLJĞƚƐŝƐĞƋƵŝƉƉĞĚǁŝƚŚƵŶŝƋƵĞĐĂƉĂďŝůŝƟĞƐƚŚĂƚĂƌĞĞdžĐůƵƐŝǀĞƚŽ ĞůůĞďƌŝƚĞĂŶĚŶŽƚĂǀĂŝůĂďůĞĨƌŽŵĂŶLJŽƚŚĞƌĐŽŵƉĂŶLJ͘dŚĞƐĞĐĂƉĂďŝůŝƟĞƐŝŶĐůƵĚĞ͕hŶůŽĐŬŝŶŐƵƐŝŶŐ&hŽƌ Brute-&ŽƌĐĞĂŶĚƉƌŽǀŝĚŝŶŐĂ&Ƶůů&ŝůĞ-ƐLJƐƚĞŵĂŶĚͬŽƌWŚLJƐŝĐĂůĞdžƚƌĂĐƟŽŶĨƌŽŵŵŽƐƚŽĨƚŚĞůĞĂĚŝŶŐ 161 of 229
$77$&+0(17
Cellebrite Inc., 8065 Leesburg Pike, Suite 302, Vienna VA, 22182 Tel: (800) 942-3415 • www.cellebrite.com
Tax ID: 22-ϯϳϳϬϬϱϵͻhE^͗ϬϯϯϬϵϱϱϲϴͻ'
͗ϰϵYϳͻKZZĞŐŝƐƚƌĂƟŽŶŽŵƉůĞƚĞ
ŶĚƌŽŝĚǀĞŶĚŽƌƐƐƵĐŚĂƐ^ĂŵƐƵŶŐ͕yŝĂŽŵŝ͕>'͕,ƵĂǁĞŝ͕DŽƚŽƌŽůĂ͕^ŽŶLJ͕'ŽŽŐůĞĂŶĚŽƚŚĞƌƐŝŶĂĚĚŝƟŽŶƚŽ ƉƉůĞŝK^ĚĞǀŝĐĞƐŝŶĐůƵĚŝŶŐƚŚĞůĂƚĞƐƚŝWŚŽŶĞƐĂŶĚŝK^ǀĞƌƐŝŽŶƐ͘ƐDŽďŝůĞĚĞǀŝĐĞƐƉůĂLJĂŵĂũŽƌƌŽůĞĚƵƌŝŶŐ ŝŶǀĞƐƟŐĂƟŽŶƐ͕ĞůůĞďƌŝƚĞ/ŶƐĞLJĞƚƐƚĞĐŚŶŽůŽŐLJƉƌŽǀŝĚĞƐ>Ăǁ ŶĨŽƌĐĞŵĞŶƚƉĞƌƐŽŶŶĞůĂĐĐĞƐƐƚŽƚŚĞŶĞǁĞƐƚ
ůŽĐŬĞĚ͕ĞŶĐƌLJƉƚĞĚ͕ĂŶĚƵƉĚĂƚĞĚDŽďŝůĞĚĞǀŝĐĞƐ͘dŚŝƐĐĂƉĂďŝůŝƚLJ ĞŶĂďůĞƐƚŚĞ>Ăǁ ŶĨŽƌĐĞŵĞŶƚƚŽĐŽůůĞĐƚ
ĚŝŐŝƚĂů ĞǀŝĚĞŶĐĞ ƐƵĐŚ ĂƐ ƉŚŽŶĞ ůŽŐƐ͕ /D͕ ĐŚĂƚ ŵĞƐƐĂŐĞƐ͕ ƐŽĐŝĂů ŵĞĚŝĂ͕ ĞŵĂŝůƐ͕ ŝŵĂŐĞƐ͕ ĂŶĚ ŽƚŚĞƌ ŝŶĨŽƌŵĂƟŽŶƚŚĂƚŝƐůŽĐŬĞĚĂŶĚĞŶĐƌLJƉƚĞĚ͘
&ƵƌƚŚĞƌŵŽƌĞ͕ƚŽĨĂĐĞŐƌŽǁŝŶŐŶƵŵďĞƌŽĨĐĂƐĞƐĂŶĚĚĂƚĂĞůůĞďƌŝƚĞ/ŶƐĞLJĞƚƐŝƐĞƋƵŝƉƉĞĚǁŝƚŚƵƚŽŵĂƟŽŶ ĐĂƉĂďŝůŝƟĞƐƚŚĂƚƐƚƌĞĂŵůŝŶĞƚŚĞĞdžƚƌĂĐƟŽŶƚŽƌĞƉŽƌƚƉƌŽĐĞƐƐƚŚĂƚƐĂǀĞƐǀĂůƵĂďůĞŚŽƵƌƐƚŽŽƵƌĐƵƐƚŽŵĞƌƐ͘ KƵƌĐŽŵƉĞƟƟǀĞĂĚǀĂŶƚĂŐĞƐŝŶĐůƵĚĞ:
• ĐĐĞƐƐ>ŽĐŬĞĚĂŶĚ
ŶĐƌLJƉƚĞĚůĞĂĚŝŶŐŵŽďŝůĞĚĞǀŝĐĞƐ͘ĞůůĞďƌŝƚĞ/ŶƐĞLJĞƚƐƐƵƉƉŽƌƚƐ&Ƶůů&ŝůĞ-^LJƐƚĞŵ͕ hƐĞƌĚĂƚĂĞdžƚƌĂĐƟŽŶĂŶĚWŚLJƐŝĐĂůĞdžƚƌĂĐƟŽŶĨƌŽŵƚŚĞǁŝĚĞƐƚƌĂŶŐĞŽĨŝK^ĂŶĚŶĚƌŽŝĚĚĞǀŝĐĞƐǁŚŝůĞ ďLJƉĂƐƐŝŶŐ͕ŌĞƌ-&ŝƌƐƚ-hŶůŽĐŬŝŶŐŽƌďƌƵƚĞĨŽƌĐŝŶŐƚŚĞĚĞǀŝĐĞƉĂƐƐĐŽĚĞĂŶĚŽƚŚĞƌƐĞĐƵƌŝƚLJŵĞĂƐƵƌĞƐ͘ Cellebrite /ŶƐĞLJĞƚƐŝƐƚŚĞŽŶůLJƚŽŽůƚŚĂƚƉƌŽǀŝĚĞƐďŽƚŚĂ'ĞŶĞƌŝĐŝK^ĂŶĚ'ĞŶĞƌŝĐŶĚƌŽŝĚĚĞǀŝĐĞƐŝŶƚŚĞ ƐĂŵĞƉƌŽĚƵĐƚ͘/ŶƐĞLJĞƚƐƐƵƉƉŽƌƚĂůůƚŚĞůĞĂĚŝŶŐǀĞŶĚŽƌƐŝŶƚŚĞŵĂƌŬĞƚŝŶĐůƵĚŝŶŐƉƉůĞ͕^ĂŵƐƵŶŐ͕ Huawei, MotoroůĂ͕>'͕KWWK͕s/sK͕'ŽŽŐůĞ͕^ŽŶLJ͕yŝĂŽŵŝĂŶĚŵĂŶLJŽƚŚĞƌƐ͘ /ŶĂĚĚŝƟŽŶ͕ĞůůĞďƌŝƚĞ/ŶƐĞLJĞƚƐƉƌŽǀŝĚĞĂĐĐĞƐƐ;ĞdžƚƌĂĐƟŽŶĂŶĚĚĞĐŽĚŝŶŐͿƚŽůĞĂĚŝŶŐŶĚƌŽŝĚƐĞĐƵƌĞĚ ĐŽŶƚĂŝŶĞƌƐƐƵĐŚĂƐ^ĂŵƐƵŶŐƐĞĐƵƌĞĚĨŽůĚĞƌ͕,ƵĂǁĞŝWƌŝǀĂƚĞ^ƉĂĐĞĂŶĚyŝĂŽŵŝϮŶĚ ^ƉĂĐĞ͘ >ĂƐƚ͕ĞůůĞďƌŝƚĞ/ŶƐĞLJĞƚƐĂůůŽǁƐ^ĞůĞĐƟǀĞƉƉĞdžƚƌĂĐƟŽŶĨŽƌďŽƚŚŝK^ĂŶĚŶĚƌŽŝĚĚĞǀŝĐĞƐ͘ • ƌŽĂĚĞƐƚĞǀŝĐĞΘƉƉ^ƵƉƉŽƌƚ͘ĞůůĞďƌŝƚĞŚĂƐƚŚĞůĂƌŐĞƐƚĚĞǀŝĐĞŝŶǀĞŶƚŽƌLJŝŶƚŚĞŝŶĚƵƐƚƌLJƚŚĂƚŚŽůĚƐ ŵŽƌĞƚŚĂŶϭϱ<ŵŽďŝůĞĚĞǀŝĐĞƐĨƌŽŵĚŝīĞƌĞŶƚǀĞŶĚŽƌƐ͕K^͕>ŽĐĂƟŽŶƐ͕ĂŶĚLJĞĂƌƐ͘ĞůůĞďƌŝƚĞŝƐ ƉƵƌĐŚĂƐŝŶŐĚŽnjĞŶƐŽĨĚĞǀŝĐĞƐĞĂĐŚŵŽŶƚŚĨƌŽŵĚŝīĞƌĞŶƚĐŽƵŶƚƌŝĞƐƚŽƐƵƉƉŽƌƚĐƵƐƚŽŵĞƌ͛ƐŶĞĞĚƐ. • /ŶĚƵƐƚƌLJ͛ƐůĞĂĚŝŶŐĞĐŽĚŝŶŐĂŶĚZĞƉŽƌƟŶŐ͘ĞůůĞďƌŝƚĞWŚLJƐŝĐĂůŶĂůLJnjĞƌ;WͿŝƐƚŚĞůĞĂĚŝŶŐƚŽŽůĨŽƌ ĞĐŽĚŝŶŐĂŶĚZĞƉŽƌƟŶŐ͘WŝƐŐŽ-to-ƚŽŽůǁŚĞŶŝƚĐŽŵĞƐƚŽDŽďŝůĞ&ŽƌĞŶƐŝĐƐĂŶĂůLJƐŝƐ͘h& ZĞƉŽƌƚ
;h&ZͿŝƐƚŚĞĐŽŵŵŽŶĨŽƌŵĂƚƵƐĞĚďLJĞdžĂŵŝŶĞƌƐĂŶĚƉƌŽƐĞĐƵƚŽƌƐŝŶĐŽƵƌƚƐǁŽƌůĚ-ǁŝĚĞ͘ •
džƚƌĂĐƟŽŶƚŽh&ZƐƚƌĞĂŵůŝŶĞ͘,ĂƌŶĞƐƐŝŶŐĞůůĞďƌŝƚĞƵŶŝƋƵĞĐĂƉĂďŝůŝƟĞƐŽĨĐĐĞƐƐĂŶĚĞĐŽĚŝŶŐ͕ ĞůůĞďƌŝƚĞ/ŶƐĞLJĞƚƐĐĂŶŶŽǁ^ƚƌĞĂŵůŝŶĞƚŚĞĞdžƚƌĂĐƟŽŶĂůůƚŚĞǁĂLJƚŽĂh& ZĞƉŽƌƚ;h&ZͿǁŚŝĐŚŝƐĂ
162 of 229
Cellebrite Inc., 8065 Leesburg Pike, Suite 302, Vienna VA, 22182 Tel: (800) 942-3415 • www.cellebrite.com
Tax ID: 22-ϯϳϳϬϬϱϵͻhE^͗ϬϯϯϬϵϱϱϲϴͻ'
͗ϰϵYϳͻKZZĞŐŝƐƚƌĂƟŽŶŽŵƉůĞƚĞ
ƐƚĂŶĚĂƌĚŝŶ&ŽƌĞŶƐŝĐƐ͘dŚĞŶĞǁĐĂƉĂďŝůŝƟĞƐĐĂŶĂĐĐĞůĞƌĂƚĞƉƌŽĐĞƐƐŝŶŐƐƉĞĞĚŽĨĂĐĂƐĞŝŶϰϬй-ϳϬй ǁŚŝĐŚĂůůŽǁƐĞdžĂŵŝŶĞƌƐƚŽƉƌŽĐĞƐƐŵŽƌĞĐĂƐĞƐŝŶůĞƐƐƟŵĞ͘ • >ĂƌŐĞ͕
ƐƚĂďůŝƐŚĞĚhƐĞƌŽŵŵƵŶŝƚLJ͘^ŝŶĐĞϮϬϬϳ͕ĞůůĞďƌŝƚĞŚĂƐĚĞƉůŽLJĞĚŵŽƌĞƚŚĂŶϲϬ͕ϬϬϬĞůůĞďƌŝƚĞ h&
ŝŶϭϬϬнĐŽƵŶƚƌŝĞƐƚŽƐƵƉƉŽƌƚůĂǁĞŶĨŽƌĐĞŵĞŶƚ͕ŝŶƚĞůůŝŐĞŶĐĞƐĞƌǀŝĐĞƐ͕ďŽƌĚĞƌƉĂƚƌŽůƐ͕ŵŝůŝƚĂƌLJ ĨŽƌĐĞƐ͕ƉƵďůŝĐƐĂĨĞƚLJĂŐĞŶĐŝĞƐĂŶĚĐŽŵŵĞƌĐŝĂůŽƌŐĂŶŝnjĂƟŽŶƐ͘ • &ŽƌĞŶƐŝĐĂůůLJ^ŽƵŶĚ
ǀŝĚĞŶĐĞ
ǀĞƌLJdŝŵĞ͘hŶůŝŬĞĐŽŵƉĞƟƚŽƌƐ͛͞ďůĂĐŬďŽdž͟ƚŚŝƌĚ-ƉĂƌƚLJƚůŽĂĚĞƌƐŽƌ other tools, Cellebrite Premium uses custom-ĚĞƐŝŐŶĞĚ͕ƌĞĂĚ-ŽŶůLJŵĞƚŚŽĚƐ͕ǁŚŝĐŚĞŶƐƵƌĞĨŽƌĞŶƐŝĐĂůůLJ ƐŽƵŶĚ&ŝůĞ-^LJƐƚĞŵĂŶĚWŚLJƐŝĐĂůĞdžƚƌĂĐƟŽŶƐ͘
• dĞĐŚŶŽůŽŐLJĂŶĚZĞƐĞĂƌĐŚĂŶĚĞǀĞůŽƉŵĞŶƚ;ZΘͿ>ĞĂĚĞƌƐŚŝƉ͘ĞůůĞďƌŝƚĞƉƌŽǀŝĚĞƐƚŚĞŵŽďŝůĞĨŽƌĞŶƐŝĐ ŝŶĚƵƐƚƌLJ͛ƐŵŽƐƚĐŽŵƉƌĞŚĞŶƐŝǀĞŶĚƌŽŝĚ͕ƉƉůĞŝK^͕ůĂĐŬďĞƌƌLJ͕ĂŶĚtŝŶĚŽǁƐDŽďŝůĞƐƵƉƉŽƌƚ͘ ĞůůĞďƌŝƚĞŚĂƐĂƐƚĂīŽĨϮϱϬнĞŶŐŝŶĞĞƌƐ— ƚŚĞŵŽƐƚŽĨĂŶLJŵŽďŝůĞĨŽƌĞŶƐŝĐƐ͛ƐŽůƵƟŽŶƉƌŽǀŝĚĞƌ ͘tĞĂƌĞ ĐŽŵŵŝƩĞĚƚŽŝŶǀĞƐƟŶŐŝŶ ƚŚĞŽŶŐŽŝŶŐZΘƚŽŝŶŶŽǀĂƚĞĂƌŽƵŶĚĐƵƐƚŽŵĞƌĂŶĚŵĂƌŬĞƚŶĞĞĚƐ͘ • Best-ŝŶůĂƐƐdƌĂŝŶŝŶŐ
ŶƐƵƌĞƐĂZĞƉĞĂƚĂďůĞ͕ZĞƉƌŽĚƵĐŝďůĞDŽďŝůĞ&ŽƌĞŶƐŝĐƐWƌŽĐĞƐƐ͘KƉĞŶƚŽĂůůƵƐĞƌ ůĞǀĞůƐ͕ĨƌŽŵďĞŐŝŶŶĞƌƐƚŽĂĚǀĂŶĐĞĚ͕ĞůůĞďƌŝƚĞĐĞƌƟĮĐĂƟŽŶƚƌĂŝŶŝŶŐƉƌŽǀŝĚĞƐŚĂŶĚƐ-ŽŶĞdžƉĞƌŝĞŶĐĞǁŝƚŚ ĞůůĞďƌŝƚĞƉƌŽĚƵĐƚƐĂŶĚĂƉƉůŝĐĂƟŽŶƐ͕ĚĞůŝǀĞƌŝŶŐƚŚĞƚŽŽůƐĂŶĚŬŶŽǁůĞĚŐĞƌĞƋƵŝƌĞĚĨŽƌĞǀŝĚĞŶĐĞ ĐŽůůĞĐƟŽŶĚĂƚĂĂŶĂůLJƐŝƐ͕ƐĞĂƌĐŚŝŶŐ͕ĂŶĚ ƌĞƉŽƌƟŶŐ͘
^ŝŶĐĞƌĞůLJ͕
,ĂŐŝƚZĞƵǀĞŶ
sW ͕'ůŽďĂů^ĂůĞƐKƉĞƌĂƟŽŶƐ
163 of 229
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: June 10, 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 the Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Designating Fire Hazard Severity Zones and Finding the Action Exempt from the California Environmental Quality Act”
BACKGROUND:
The Panorama Fire, which erupted on November 24, 1980, in San Bernardino County, California, was a devastating wildfire that marked a significant event in the State’s history.
Burning 28,000 acres near Panorama Point along State Route 18, the fire, fueled by intense Santa Ana winds, rapidly spread through Waterman Canyon and into the city of San Bernardino, destroying 325 structures, including 310 homes, and claiming four lives. At the time, it was the most destructive wildfire in San Bernardino County’s history and the fourth most destructive in California, highlighting the vulnerability of urban-wildland interface areas to fast-moving fires.
The disaster underscored the need for improved fire preparedness, defensible space measures, and community resilience, influencing local fire management policies and leaving a lasting impact on the affected communities and became one of the catalysts for the California State Legislature to develop Public Resource Code 4201 that mandated Fire Hazard Severity Zones be developed in State Responsibility Areas (SRA).
Eleven years later, the devastating 1991 Oakland Hills Fire burned 1520 acres, destroyed 3,469 homes, and killed 25 people. This fire devastated a community not previously identified as a hazard zone, as it was located in a local responsibility area (LRA). At that time the Oakland Hills Fire was the most devastating and destructive fire on record, and eventually led to the adoption of Assembly Bill 337 (AB 337) in 1992 directing the California Department of Forestry and Fire Protection (CAL FIRE) to evaluate, identify, and recommend fire hazard areas within LRAs where local agencies bear the financial responsibility for wildfire prevention and suppression.
AB 337 added Sections 51175- 51188 to the California Government Code, establishing the framework for designating Very High Fire Hazard Severity Zones (FHSZ). CAL FIRE last updated the LRA Very High FHSZ maps in November 2008. At that time, no Very High FHSZs were identified or recommended within the City of San Bruno.
The State Fire Marshal, a division within CAL FIRE, is responsible for the ongoing review and development of LRA Fire Hazard Severity Zone maps statewide. In 2021, the State Legislature passed Senate Bill 63 (SB 63), further expanding the responsibilities of the State Fire Marshal. 164 of 229
,WHPP
Honorable Mayor and Members of the City Council
June 10, 2025