San Mateo City Council
October 17, 2022

Government Code 6103:

Exempt from Recording Fee
WHEN RECORDER, MAIL TO:

City of San Mateo Attn: City Clerk
330 West 20th Avenue San Mateo, CA 94403

UTILITY EQUIPMENT AGREEMENT BETWEEN THE CITY OF SAN MATEO AND

CROWN CASTLE FIBER LLC FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE,

AND OPERATION OF FIBER OPTIC NETWORK FACILITIES WITHIN THE PUBLIC RIGHT-

OF- WAY
This Agreement ("Agreement") is dated for identification this day of October 2022, by and between the CITY OF SAN MATEO, a municipal corporation (herein termed "CITY"), and Crown Castle Fiber LLC, a New York limited liability company (herein termed "CROWN").

RECITALS
WHEREAS, CROWN has a certificate of qualification to do business in the State of California; and
WHEREAS, CROWN is authorized to provide telecommunication services in the State of California by the Public Utilities Commission of the State of California (herein termed PUC); and
WHEREAS, CROWN desires to construct, install, and maintain Fiber Optic Network Facilities within the Public Right-of-Way within CITY; and WHEREAS, CITY has the authority to regulate the terms and conditions for the use of Public Right-of-Way for the construction, installation, and maintenance of Fiber Optic Network Facilities by private telecommunication services providers; and NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, CITY and CROWN agree as follows:

DEFINITIONS
"CROWN" shall mean Crown Castle Fiber LLC, and its lawful successors or assigns.
"CITY" means the CITY OF SAN MATEO, a municipal corporation of the State of California, and includes the duly elected or appointed officers, agents, employees, and volunteers of the CITY OF SAN MATEO, individually or collectively. "Pu
blic Right-of-Way" means in, upon, along, across, and under the public streets, ways, alleys, and places, and including public utility easements and public service easements, as the same now or may thereafter exist that are under jurisdiction of or controlled by said CITY.

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"Fiber Optic Network Facilities" or "Facilities" means CROWN fiber optic cables, coaxial, Ethernet and copper cables, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location markers, appurtenances, and related facilities located or to be located in the Public Right-of-Way of CITY and used or useful for the transmission of telecommunications.
"Telecommunications Services" means all communications services CROWN is permitted to provide under applicable federal and state law, except that this Agreement does not authorize CROWN to provide cable (TV) services as such term is defined in 47 U.S.C. § 522, broadcast television service or wireless (cell) service.

LIMITATIONS AND RESTRICTIONS

1. CITY hereby grants authorization to CROWN, subject to reservations, covenants, and conditions herein contained, to construct, reconstruct, install, reinstall, maintain and operate, replace, relocate, and remove Fiber Optic Network Facilities used for Telecommunications Services within Public Right -of-Way located within the corporate limits of the CITY OF SAN MATEO, subject to obtaining all required permits and approvals.

2. This Agreement is not a grant by CITY of any property interest but is made subject and subordinate to the prior and continuing right of CITY and its assigns to use all Public Right -of-Way in the performance of its duty, including, but not limited to, public use as a street and for the purpose of laying, installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, and other utility and municipal uses together with appurtenances thereof and with right of ingress and egress, along, over, across and in said Public Right- of-Way; provided, however, should CROWN be required to relocate its Fiber Optic Network Facilities due to the actions of any nongovernmental third party, such third party shall be required to reimburse CROWN for its full cost of such relocation and CROWN shall not be required to relocate its facilities until it receives an executed reimbursement agreement from the nongovernmental third party, unless removal is required to protect or preserve the public health, safety, welfare or interest.

3. This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances, and claims of title which may affect said Public Right-of- W
ay, and it is understood that CROWN, at its own cost and expense, shall obtain such permission as may be necessary consistent with any other existing rights.

4. The construction, installation, operation, maintenance, and removal of said Fiber Optic Network Facilities shall be accomplished without cost or expense to CITY subject to the approval of CITY's Public Works Director in such a manner as not to endanger personnel or property, or unreasonably obstruct travel on any road, walk or other access thereon within said Public Right-of-Way.

COMPLIANCE WITH STANDARDS

5. CROWN shall at all times during the duration of this Agreement maintain said

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Fiber Optic Network Facilities in good and safe condition and free from any nuisance to the satisfaction of CITY's Public Works Director.

6. CROWN shall construct, install, operate, and maintain all Fiber Optic Network Facilities in accordance and in conformity with all applicable CITY, State, Federal, and regulatory laws, ordinances, rules, and regulations applicable under this Agreement.

SERVICE CHANGE

7. CROWN provides interstate and intrastate Telecommunications Services in California pursuant to its Certificates of Public Convenience and Necessity received from the PUC.

8. CROWN hereby warrants that the type of service offered to its customers, if any
, through the Fiber Optic Network Facilities in said Public Right- of-Way consists solely of providing business, residential and government Telecommunications Services, presently permitted by law. If CROWN is authorized by the PUC to change the nature and character of its service and such service changes are to include additional and/or alternative services that are subject to the regulatory authority of CITY, including, but not limited to, wireless telecommunications services and cable service (as such term is defined in 47 U.S.C. § 522), and not preempted by State or Federal law, CROWN shall notify CITY in writing, as soon as practicable, but in no event later than thirty (30) day s following such a decision by the PUC, and comply with CITY's fee, franchise, and/or permit requirements. CROWN acknowledges that any expansion or change in the character and nature of the telecommunications service in general may increase CITY's regulatory authority over such service and/or product, and this may, at CITY's election, require CROWN to enter into a new Agreement consistent with the requirements of a hereinafter enacted CITY ordinance regulating suc h s
ervices or the expansion or change in service, if all or any party of such service change falls under the regulation, jurisdiction, and authority of CITY.

NO FRANCHISE RIGHTS CREATED

9. Nothing in this Agreement shall be construed as granting or creating any franchise rights.

REMOVAL AND RELOCATION

10. CROWN shall remove or relocate, without cost or expense to CITY, any Fiber Optic Network Facilities installed, used, and maintained under this Agreement if and when made necessary by any lawful change of grade, alignment, or width of any street, including the construction, maintenance, or operation of any underground facility by CITY and/or construction, maintenance, or operation of any other CITY underground or above ground facilities. In the event all or any portion of said Public Right -of-Way occupied by said Fiber Optic Network Facilities shall be needed by CITY for governmental purposes or in the event the existence of said Fiber Optic Network Facilities shall be considered detrimental to governmental activities, including, but not limited to, interference with CITY construction projects, or is in conflict vertically and/or horizontally with any proposed CITY installation, CROWN

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shall, following City notification, remove and relocate said Fiber Optic Network Facilities to such other location or locations on said Public Right-of-Way as may be designated by CITY. Said removal or relocation shall be completed within ninety (90) days of notification by CITY. In the event said Fiber Optic Network Facilities are not removed or relocated within ninety (90) days after said notification and C
ROWN has not suffered a force majeure or other event beyond its control, CITY may cause the same to be done at the sole expense of CROWN.

11. In those areas and portions of CITY where the transmission or distribution facilities of either the public utility providing telephone service or those of the utility providing electric service as well as the facilities of other telecommunications services providers are underground or hereafter may be placed underground, then CROWN shall likewise construct, operate, and maintain all of its Fiber Optic Network Facilities underground. For the purposes of this subsection, "underground" shall include a partial underground system. CITY shall not in any manner be responsible for any costs incurred by CROWN in p
lacing CROWN's facilities underground. Upon application by CROWN, CITY' s Ci
ty Manager or his/her designee, in CITY's sole discretion, may allow these under
grounding requirements to be waived.

12. If any portions of the Fiber Optic Network Facilities covered under this Agreement other than redundant facilities or facilities for emergency use are no longer used by CROWN, or are abandoned for a period in excess of one (1) year, CROWN shall notify CITY and shall either promptly vacate and remove the facilities at its own expense or, at CITY's discretion, may abandon some or all of the facilities in place.

13. When removal or relocation are required under Paragraphs 10 and 12 of this Agreement, CROWN shall, after the removal or relocation of the Fiber Optic Network Facilities, at its own cost, repair and return said Public Right-of-Way or public utility or service easements on which the facilities were located to a safe and satisfactory c
ondition in accordance with the construction related conditions and specifications as established by CITY according to its standard practice. Should CROWN remove the Fiber Optic Network Facilities from said Public Right-of-Way, CROWN shall, within ten (10) days after such removal, give notice thereof to CITY specifying the right-of- way affected and the location thereof as well as the date of removal. Before proceeding with removal or relocation work, CROWN shall obtain and CITY shall issue an encroachment permit from CITY.

CONSTRUCTION PERMIT AND FEES

14. CROWN shall apply for an encroachment permit for any Fiber Optic Network Facility construction or maintenance work requiring traffic control within said Public Right-of- Way or pu
blic utility or service easements. Consistent with CITY Standard Provisions, CROWN shall furnish detailed plans of the work and other such information as required by the Public Works Director of CITY and shall pay all processing, field marking, engineering, and inspection fees prior to issuance of said permit in accordance with the rates in effect at the time of payment. All Fiber Optic Network Facility construction within said Public Right-of-Way or public utility or service easements shall be installed in accordance with the City of San Mateo City Code, CITY's Standard Provisions, and as further provided for in the provisions of this Agreement.

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15. The encroachment permit shall set forth the description of the Fiber Optic Network Facilities to be installed and said Public Right-of-Way or public utility or service easements on which such facilities are to be located. Consistent with CITY Standard. Provisions, CITY shall establish construction- related conditions and specifications, and these shall also be set forth in the encroachment permit.

PERFORMANCE BOND

16. Prior to issuance of an encroachment permit, CROWN shall provide CITY with a performance bond naming CITY as obligee in the amount equal to one hundred percent (100%) of the value of the work to be performed by or on behalf of 11G within and affecting said Public Right-of-Way to guarantee and assure the faithful performance of CROWN's obligations under this Agreement. CITY shall have the r
ight to draw against the performance bond in the event of a default by CROWN or in the event, that CROWN fails to meet and fully perform any of its obligations. The form of the performance bond shall be approved by the CITY. The performance bond shall remain in full force for one (1) year after the work to be performed is completed, inspected, accepted, and released by CITY's Public Works Director.

DAMAGE TO FACILITIES IN PUBLIC

RIGHT-OF-WAY

17. CROWN shall be responsible for any damage to CITY street pavements, existing utilities, curbs, gutters, sidewalks due to its installation, maintenance, repair, or removal of its Fiber Optic Network Facilities in said Public Right-of-Way and public utility or service easements, and shall repair, replace, and restore in kind the said damaged facilities at its sole expense.

18. If Public Right-of-Way to be used by CROWN has preexisting i
nstallation(s) placed in the said Right-of-Way, CROWN shall assume the responsibility to verify the location of the preexisting installation and notify CITY and any third party of CROWN's proposed installation. The cost of any work required of such third party or CITY to provide adequate space or required clearance to accommodate CROWN's installation shall be borne solely by CROWN.

PARTICIPATION WITH OTHER UTILITIES

19. CROWN agrees to cooperate in the planning, locating, and constructing of i
ts Fiber Optic Network Facilities in utility joint trenches or common duct bands with other similar utilities and to participate in cost-sharing for the joint trench and ducts, when such joint utility installations are being planned for or exist in an area.

RECORDS OF FIELD LOCATIONS

20. CROWN shall maintain accurate maps and improvement plans of said Fiber Optic Network Facilities located within CITY. CROWN shall provide, upon demand of CITY's Public Works Director and deliver to the office of CITY's Public Works Department free of charge, and to other third parties interested in performing work within Public Right-of- Way for a reasonable charge upon request, within thirty (30)

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days after
such demand, such maps and plans as may be required to show in detail the exact location, size, depth, and description of all CROWN Fiber Optic Network Facilities installed within said Public Right-of-Way. CROWN shall, at its sole cost and expense, expose by potholing to a depth of 1' below the bottom of its subsurface Fiber Optic Network Facilities, within thirty (30) days of receipt of a written request from CITY to do so.

21. CROWN shall be a member of the regional notification center for subsurface installations (Underground Services Alert) and shall field mark, at its sole expense, the locations of its underground Fiber Optic Network Facilities upon notification in accordance with the requirements of Section 4216 of the State of California Government Code, as it now reads or may herein after be amended.

HOLD HARMLESS AND

INDEMNIFICATION

22. CROWN, jointly and severally, for itself, it successors, agents, contractors, and employees, agrees to indemnify, defend (with counsel reasonably acceptable to CITY}, and hold harmless CITY, its elected and appointed officials, employees, and agents, and any successors to CITY's interest from and against any and all claims, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the "Losses") arising directly or indirectly out of the CROWN's activities or Facilities described in this Agreement and/or the installation, operation, removal, and/or repair of the improvement and Facilities thereto; provided, however, CROWN shall not indemnify CITY, its elected and appointed officials, employees, and agents and any successors to CITY's interest for losses arising directly or indirectly, from CITY's sole acts of negligence, omissions, or willful misconduct. CITY shall not be responsible for any damages, losses, or liability arising from the issuance by CITY of a permit or approval to any third party or any interruption in service.

23. Except as set forth in Section 22 of this Agreement, CROWN, for itself and its successors and assigns, hereby waives all claims and causes of action, whether now existing or hereafter arising, against CITY or its elected and appointed officials, agents, or employees, for damages, physical or otherwise, to any of the facilities covered by this Agreement from any cause whatsoever. Under no circumstances shall either party be liable to the other party or otherwise responsible for any loss of service downtime, lost revenue or profits or third-party damages.

INSURANCE

24. Insurance.
a. Commercial General Liability Insurance:

CROWN shall obtain and maintain Commercial General Liability insurance on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Five Million Dollars ($5,000,000) per occurrence. If a

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general aggregate limit applies, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability Insurance:

C
ROWN shall obtain and maintain Automobile Liability insurance with limit of no less than Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. c. Workers' Compensation Insurance:

C
ROWN shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
d. Acceptability of Insurers:

I
nsurance is to be placed with insurers with a current Best Rating of A: VII unless otherwise acceptable to CITY.
e. Verification of Coverage:

I
nsurance, deductibles, or self-insurance retentions shall be subject to CITY's approval. Original Certificates of Insurance with endorsements shall be received and approved by CITY before work commences, and insurance must be in effect for the duration of the contract. The absence of insurance or a reduction of stated limits shall cause all work on the project to cease. Any delays shall not increase costs to CITY or increase the duration of the project. f. Other Insurance Provisions:
(1
) The City of San Mateo, its elected and appointed officials, employees and agents are to be included as additional insured as their interest may appear under this Agreement by ISO Endorsement Form or other endorsement approved by CITY's Risk Manager for Commercial General and Automobile Liability coverage.
(
2) For any claims related to this project, CROWN's insurance coverage shall be primary and any insurance or self -insurance maintained by CITY, its officers, officials, employees, and volunteers shall not contribute to it. (3) CROWN shall provide thirty (30) days notification to CITY in the event of cancellation or modifications of limits to the stipulated coverage.
(4) In the event CROWN employs subcontractors as part of the work covered by this Agreement, CROWN shall require all subcontractors comply with the same insurance requirements that are stated in this Agreement.
(
5) Approval of this insurance by CITY or acceptance of the Certificate of Insurance by CITY shall not relieve or decrease the extent to which CROWN may be held responsible for payment of damages resulting

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from CROWN's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of CITY's rights to insurance coverage hereunder. (
6) If, for any reason, CROWN fails to maintain insurance coverage that is required pursuant to this contract, the same shall be deemed a material breach of contract. CITY, at its sole option, may terminate this contract and obtain damages from CROWN resulting from said breach.
(7) The required limits may be met by any combination of primary and excess or umbrella insurance.

ASSIGNMENT

25. a. CROWN shall not assign or transfer any interest in this Agreement nor the performance of any of CROWN's obligations hereunder, without the prior written consent of CITY, and any attempt by CROWN to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
b. Notwithstanding Section 25.a, CROWN m ay assign the rights granted herein, in whole or in part, to a parent, successor, subsidiary, or affiliate of CROWN, now or hereinafter existing, by only providing notice to CITY of such assignment. However, this Agreement shall be binding on successors and assigns and shall be disclosed to assignee.

ENTIRE UNDERSTANDING

26. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties.

SEVERABILITY

27. If any one or more of the covenants or agreements or portions thereof provided in this Agreement is or shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the parties shall negotiate in good faith to replace any such covenant, agreement, or portion found to be null and void.

THIRD-PARTY MODIFICATIONS

28. This Agreement shall be subject to such changes or modifications as

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may be required or authorized by any regulatory commission in the exercise of its lawful jurisdiction.

ENFORCEMENT

29. Failure to comply with the terms and conditions of this Agreement may, at C
ITY's sole discretion, result in withholding issuance of any new encroachment permits, termination of this Agreement, code enforcement pursuant to the San Mateo Municipal Code, and/or any additional legal remedy provided by law.

TERM AND TERMINATION

30. This Agreement shall terminate ten (10) years from the effective date. This Agreement may be terminated by CITY upon sixty (60) days written notice to CROWN if CITY reasonably determines that the provisions herein interfere with the use or disposal of said Public Right-of-Way or any part thereof by CITY. Where only a portion of CROWN's Fiber Optic Network Facilities interferes with the use or disposal of said Public Right-of- Way, CITY, at its sole discretion, may elect to require CROWN to relocate the said portion in accordance with this Agreement.

This Agreement may be terminated by CITY for failure, neglect, or refusal by CROWN to fully and promptly comply with any and all of the conditions of this Agreement, or for nonuse as described in Section 12 herein, upon sixty (60) days written notice, unless CROWN confirms within sixty (60) days of receipt of the notice that the cited condition has ceased, been corrected or, subject to CITY's agreement, is diligently being pursued by CROWN.

31. This Agreement may be amended in writing and signed by both parties. Upon termination of this Agreement, and upon written request by CITY, CROWN, at its own costs and expense, agrees to remove or, at CITY's discretion, abandon in place some or all of its Fiber Optic Network Facilities from Public Right-of-Way and restore said Public Right-of-Way as set forth in the Removal and Relocation provisions of this Agreement. Should CROWN in such event fail, neglect, or refuse to make such removals or restoration within one hundred eighty (180) days of CITY's written request, at the sole option of CITY, such removal and restoration may be performed by CITY and the expense of CROWN, which actual expense, including administrative and legal costs, CROWN agrees to pay CITY upon demand.

NOTICE

32. CROWN's Network Operations Center shall be available to CITY staff 24 hour
s a day, 7 days a week, regarding problems or complaints resulting from the facilities installed pursuant to this Agreement and may be contacted by telephone at:
1 -855-93-FIBER (#1 for Fiber)
C
ROWN shall designate a person in California who is authorized to accept service of process on behalf of CROWN regarding such problems or complaints.

33. All notices given or which may be given pursuant to this Agreement shall be i
n writing and transmitted by United States mail or by private delivery systems or

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by facsimile if followed by United States mail or by private delivery systems as follows:

GOVERNING LAW AND
VENUE

34. This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo or the United States courts serving the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and CROWN has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY: CROWN CASTLE:

City of San Mateo
B
y: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
Crown Castle Fiber LLC
B
y: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
Notice Address: Notice Address:

City of San Mateo
Attn:

Crown Castle Fiber LLC
2000 Corporate Drive
Canonsburg, PA 15317
Attn: Legal—Infrastructure

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 22-6683 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 17, 2022
SUBJECT:

Purchase and Installation of Public Safety Equipment – Agreement RECOMMENDATION:

Adopt a Resolution to approve an alternative bidding process and approve an agreement with Priority 1 Public Safety Equipment Installation, Inc. for the purchase and installation of public safety equipment in the amount of $192,162.91; establish a contingency reserve in the amount of $39,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

Council previously approved the purchase of nine (9) Ford Hybrid Police Interceptor Utility vehicles and an agreement with Priority 1 Public Safety Equipment Installation, Inc. (Priority 1) for the purchase and installation of public safety equipment for these vehicles on June 7, 2021. However, due to delays and escalation costs, the original estimate in 2021 became invalid and Priority 1 was unable to provide an updated quote on materials and labor until they had a more definitive delivery date. As a result of the delays, the agreement expired as of June 30, 2022 and thus no funds were expended under the last contract. The expected delivery date for the safety equipment is currently November 2022.

Per Municipal Code 3.60.050(b) the purchase and installation of public safety equipment is exempt when calling for bids is impracticable, unavailing, or impossible. The build-out of police vehicles is highly specialized and utilizing one vendor ensures vehicle standardization in installations and services. Priority 1 is the sole provider for build-outs of police vehicles for the City and numerous other Bay Area police departments. Priority 1 warranties wiring and workmanship for the life of the vehicle and is close in proximity to San Mateo, which is imperative to ensure public safety vehicles are operational at all times.

Additionally, the City Manager authorized the purchase of one (1) other Police Interceptor Utility vehicle on June 6, 2022, to replace a totaled patrol vehicle, increasing the total vehicles requiring to be built-out to ten (10). Staff recommends City Council authorize the build-out of ten (10) new Ford Police Interceptor Utility vehicles with Priority 1 Public Safety Equipment Installation, Inc.

BUDGET IMPACT:

Sufficient funding is available in the Vehicle Replacement Fund (Fund 81).

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED

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CITY OF SAN MATEO
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All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Marie Silva, Facilities and Fleet Services Manager
[email protected]
650-522-7328
Azalea Mitch, Public Works Director
[email protected]
650-522-7303

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROVING ALTERNATIVE PURCHASE PROCEDURE FOR AN AGREEMENT WITH PRIORITY 1 PUBLIC SAFETY EQUIPMENT INSTALLATION, INC. FOR THE PURCHASE AND INSTALLATION OF PUBLIC SAFETY EQUIPMENT IN THE AMOUNT OF $192,162.91
WHEREAS, the City Council is being asked to authorize an agreement for the purchase and installation of public safety equipment for ten (10) Police Interceptor Utility vehicles in the amount of $192,162.91; and WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contacts of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.050(b) authorizes City Council to exempt the competitive bidding process where calling for bids is impracticable, unavailing, or impossible and the awarding authority based on the amount of the purchase/contract sets forth findings designating the reasons; and WHEREAS, Priority 1 Public Safety Equipment Installation, Inc. (Priority 1) offers the specifications and requirements of the City for public safety equipment and installation; and WHEREAS, the build-out of the ten (10) Police Interceptor Utility vehicles with the proposed specifications and capabilities meet the requirements of the City; and WHEREAS, Priority 1 standardizes the build-out process of public safety vehicles for uniformity and operator safety; and
WHEREAS, Priority 1 warranties all wiring and workmanship for the life of the vehicles; and WHEREAS, in accordance with CEQA guidelines section 15378(b)(5), this equipment purchase is an administrative activity that will not impact the environment and is therefore not a project subject to CEQA; WHEREAS, based on these circumstances, staff recommends the purchase and installation of public safety equipment for ten (10) Police Interceptor Utility vehicles without standard competitive bid practice because it is in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The purchase and installation of public safety equipment is not a project subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).)

2. In accordance with Municipal Code Section 3.60.050(b) the purchase and installation of public safety equipment is exempt where calling for bids is impracticable, unavailing, or impossible because:

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a. The build-out of police vehicles is highly specialized and utilizing one vendor ensures vehicle standardization in installations and services; and
b. Priority 1 is the sole provider for build-outs of police vehicles for the City of San Mateo; and c. Priority 1 warranties wiring and workmanship for the life of the vehicle and is close in proximity to San Mateo, which is imperative to ensure public safety vehicles are operational at all times.

3. The purchase and installation of public safety equipment for the build-out of ten (10) Police Interceptor Utility vehicles in the amount of $192,162.91 is approved.

4. The Public Works Director is authorized to execute the agreement in substantially the form presented and issue changes orders as allowed by the agreement and within the contingency amount of $39,000 on behalf of the City.

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AGREEMENT WITH PRIORITY 1 PUBLIC SAFETY EQUIPMENT INSTALLATION, INC.

FOR THE INSTALLATION OF EMERGENCY LIGHTING EQUIPMENT
This Agreement, made and entered into this day of _________________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and Priority 1 Public Safety Equipment Installation, Inc. a Corporation ("CONTRACTOR"), whose address is 425 Harbor Blvd. #6, Belmont, CA 94402-4048.

RECITALS:

A. CITY desires certain Public Safety Equipment Installation services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these certain Public Safety Equipment Installation services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.

CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.

CONTRACTOR and his subcontractors shall comply with State’s Prevailing Wage Laws.

CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as determined by the California Department of Industrial Relations, for this locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on October 17, 2022 and be completed on or about April 30, 2024.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in an amount not to exceed $192,162.91, a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference.

SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY'S request if litigation is brought against CITY in connection with CONTRACTOR'S services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR'S wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR'S standard hourly rates at the time of actual testimony.

SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

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To CITY: Marie Silva
City of San Mateo
1961 Pacific Blvd.

San Mateo, Ca 94403
To CONTRACTOR: Priority 1 Public Safety Equipment
Installation, Inc.

Attn: Marc Farber
425 Harbor Blvd. #6
Belmont, CA 94002-4048
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

IN WITNESS WHEREOF, CITY OF SAN MATEO and Technology Engineering & Construction, Inc. dba TEC ACCUTITE have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Public Works Director
Marc Farber
President
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
CITY is contracting with CONTRACTOR for the purchase and installation of public safety equipment for ten (10) Police Interceptors vehicles.

Eight (8) Police Interceptor vehicles are to be built-out as standard patrol vehicles and two (2) Police Interceptor vehicles are to be built-out as K9 patrol vehicles.

City shall deliver the vehicles for equipment installation and City shall pick up vehicle when equipment installation is completed.

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EXHIBIT B

PAYMENT RATES
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed for each instance.

In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR the total amount not to exceed $192,162.91.

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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 22-6685 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 17, 2022
SUBJECT:

Clean Water Program – Amendment
RECOMMENDATION:

Approve Amendment No. 8 to the agreement with CH2M Hill Engineers, Inc. to authorize scope and funding for the ninth year of program management services for the Clean Water Program in an amount not to exceed $9,400,769 for Year 9 scope of services; establish a contingency reserve of $1,410,000; and authorize the Public Works Director to execute this amendment in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Clean Water Program (CWP) is a $1 billion capital improvement program necessary to replace aging infrastructure in the wastewater treatment plant and collection system to meet regulatory requirements. On October 20, 2014, Council approved a professional services agreement with CH2M Hill Engineers, Inc. (CH2M) to provide program management for the Clean Water Program for one year with automatic extensions for five additional years, with scope and funding for subsequent years to be authorized annually by the City Council. Council authorized the scope of services for years two through eight under Amendments No. 1, 2, 3, 4, 5, 6, and 7 respectively. Amendment No. 5 also extended the agreement period through the completion of the Wastewater Treatment Plant (WWTP) Upgrade & Expansion Project. The scope and funding for each subsequent year continues to be jointly developed and negotiated between City and CH2M staff, with annual authorization by Council. The recommended Amendment No. 8 details the scope of services and funding for Year 9 of the contract.

In accordance with the City’s municipal code and policy for procurement of services, the City selected CH2M through a Request for Proposals issued in July 2014. City staff selected CH2M based on the quality of the firm’s proposal, qualifications, and experience in similar programs; quality of key staff and program organization; understanding of unique project issues; well-defined scope and approach; capacity for innovative approaches; identification of sufficient staffing and appropriate level of effort; and client references.

Year 1 activities focused on developing the structure and team needed to deliver the CWP, performing validation studies for the WWTP, and continuing progress on current improvement projects. Year 2 activities focused on refining established project scopes, budgets, and schedules; shifting project delivery and execution; certifying and adopting the Programmatic Environmental Impact Report; and selecting the In-System Storage Program Approach. Year 3 and 4 activities focused on project implementation; completion of project-level alternative analyses; preliminary and final design; development of financing strategies; evaluation of impacts to ratepayers; public outreach; continuing environmental and permitting requirements for the projects; and evaluation of underground flow equalization system sites. Years 5 and 6 activities focused on shifting to construction phase for most of its projects; implementing financing strategies through bond financing and submission of letters of interest and applications to request State and Federal loans; continuing public outreach; continuing environmental and permitting requirements for projects; and completion of some of the projects.

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Year 7 and Year 8 activities have focused largely on construction management services for the WWTP projects and the Underground Flow Equalization System, as well as several other projects in the City’s collection system; continued project delivery; and programmatic support.

Year 9 services will continue to focus on project delivery, shifting the remaining projects from design phase to construction phase, and project completions; and continued public outreach during construction. The scope continues to be based on a project and functional services structure designed to support the CWP. Tasks include program administration, program controls, engineering and project management, construction management and inspection, environmental and permitting support, and public outreach. The detailed scope of services is described in Attachment 1 - Exhibit A. The following projects will be in design, in construction, or completed during Year 9:
• In Design
o WWTP Annual Major Components (various packages)
o Basins 2 & 3 – El Camino Real Relief
o East San Mateo Lift Station Improvements, Package 2
o Various Sewer CCTV Inspections and Rehabilitations
• In Construction
o WWTP Upgrade & Expansion (Package 3)
o WWTP Immediate Action Projects, Package 3
o WWTP Annual Major Components (various packages)
o Basins 2 & 3 – Dale Ave Pump Station Improvements
o Basins 2 & 3 – Delaware Street Relief Sewer
o Basins 2 & 3 – Underground Flow Equalization System Project o Basins 2 & 3 – El Camino Real Relief
o Annual Sewer CCTV and Rehabilitations
• Scheduled for Anticipated Construction Completion
o WWTP Upgrade & Expansion (Packages 1 and 2)
o WWTP Immediate Action Projects, Package 2
o WWTP Annual Major Components (various packages)
o Basin A Sewer Rehabilitation
o Basins 2 & 3 – Dale Avenue Pump Station Improvements
o Basins 2 & 3 – Delaware Street Relief Sewer
CH2M will continue to provide project and construction management for the wastewater treatment plant and construction management oversight of the collection system projects. Amendment No. 8 includes the jointly developed scope of services for Year 9 and the associated budget of $9,400,769. The level of effort and fee was negotiated based on quantity and complexity of projects and program needs anticipated for the ensuing year. Fee rates for base salaries of CH2M staff will be fixed for Year 9.

BUDGET IMPACT:

On October 20, 2014, City Council approved a professional services agreement with CH2M to provide program management for the Clean Water Program. Amendments were approved for each subsequent year. The table on the next page shows the agreement and amendment contracted values and the actuals spent per year.

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Year Agreement /
Amendment
Amount Approved by
Council
Actuals Spent Underrun
1 Original Agreement $4,856,900 $4,856,900 $0
2 Amendment No. 1 $8,998,731 $8,998,731 $0
3 Amendment No. 2 $14,366,405 $11,270,001 $3,096,404
4 Amendment No. 3 $17,493,206 $13,722,696 $3,770,510
5 Amendment No. 4 $23,670,000 $12,180,400 $11,489,600
6 Amendment No. 5 $17,600,000 $13,641,446 $4,235,092
7 Amendment No. 6 $14,330,000 $13,198,689 $1,155,237
8 Amendment No. 7 $11,132,000 $11,334,058* ($202,058)** TOTAL $112,447,242 $89,202,921* $23,244,321*
* Value includes Year 8 Actuals as an estimate at completion and will be confirmed in November 2022. **Year 8 Actuals are anticipated to exceed the Year 8 Contracted amount. However, a contingency reserve of $1,113,000 was established by Council during the Amendment No. 7 (Year 8) approval. The Public Works Director will execute a task amendment using the contingency reserve to fund any overrun, if actualized.

The level of effort for Amendment No. 8 for Year 9 is estimated at an amount not to exceed $9,400,769, including a contingency budget of $1,410,000, to fund increased level of effort for certain tasks if determined necessary and authorized by the Public Works Director. Program Management tasks constitute approximately $2,552,759 and will be charged to the Program Management Project. Project-specific tasks such as project management and construction inspection, estimated at approximately $6,848,010, have been included in the budgets for, and will be charged to, the individual projects to which they pertain. The breakdown of proposed funding for Year 8 is below.

Program Management
There is sufficient funding in project account 469981 to fund the $2,552,759 ($9,400,769 total - $6,848,010 project- specific charges) associated with Program Management costs.

Project Management
There is sufficient funding in the following accounts to fund the $6,848,010 ($9,400,769 total - $2,552,759 program management charges) associated with Project Management costs.

Project Accounts: 469988, 46S003, 46S005, 46S090, 46S091, 46S092, 46S093, 46T003, 46T009, 46T010, 46T090 ENVIRONMENTAL DETERMINATION:

Council approval of Amendment No. 8 to the Agreement between the City and CH2M is exempt from CEQA review because entering into a professional services agreement amendment for continued program management can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment. (CEQA Guidelines section 15061(b)(3).) In addition, the City prepared a Final Programmatic Environmental Impact Report (Final PEIR) for the Clean Water Program in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). Council on June 6, 2016, certified the PEIR. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for the implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 8

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STAFF CONTACT
Deryk Daquigan, Engineering Manager
[email protected]
(650) 522-7287
Matt Fabry, Deputy Director
[email protected]
650 522-7309

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1 AMENDMENT NO. 8 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
CH2M HILL ENGINEERS, INC. FOR

PROGRAM MANAGEMENT SERVICES

WHEREAS, the City of San Mateo ( “City”), a municipal corporation of the State of California, and CH2M HILL ENGINEERS, INC. (“CONSULTANT”), entered into an Agreement for Program Management Services (“Agreement”) on October 27, 2014; and

W H E R E A S ,
the Clean Water Program is a $1 billion capital improvement program necessary to replace aging infrastructure in the wastewater treatment plant and collection system to meet regulatory requirements; and

WHEREAS, City Council approved a professional services agreement with CH2M in October 2014 to provide program management for the Clean Water Program with scope and funding for subsequent years to be authorized annually by the City Council; and

WHEREAS, City Council authorized the scope of services for years two through eight of the Clean Water Program under Amendments No. 1, 2, 3, 4, 5, 6, and 7 respectively; and

WHEREAS, City and CONSULTANT wish to amend the Agreement to extend and amend program management services for the ninth year of the Clean Water Program as described below.

NOW, THEREFORE, the parties agree as follows:

1. Section 1, “Scope of Project,” of the Agreement is amended to add services as described in Exhibit A to Amendment No. 8 and made a part hereof.

2. Section 3.2, “Consultant,” of the Agreement is amended, as described in Exhibit D, to replace the stated key personnel and contractually commit the noted staff to the delivery of the Clean Water Program and made a part hereof.

3. Section 5, “Duties of Consultant,” of the Agreement is amended to add services as described in Exhibit A to Amendment No. 8 and made a part hereof.

4. Section 8, “Payment,” of the Agreement is amended to add services as described in Exhibit A to Amendment No. 8 and made a part hereof.

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2 5. Section 8, “Payment,” of the Agreement is amended to provide the updated cost schedule set forth in Exhibit C to Amendment No. 8 and made a part hereof.

6. The remaining terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, CITY OF SAN MATEO and CH2M HILL ENGINEERS, INC. have executed this Amendment on ___________________.

CITY OF SAN MATEO CONSULTANT

______________________________ ________________________________ ___ A z a l e a M i t c h S c o t t J o n e s
Public Works Director Vice President

Date: ____________________ Date: ____________________

ATTEST:

______________________________
Patrice Olds, City Clerk

Date: ____________________

Approved as to Form:

_____________________________
Prasanna Rasiah, City Attorney

Date: ____________________

Attachments:

Exhibit A – CH2M HILL Year 9 Scope of Services
Exhibit B – Not Applicable
Exhibit C – Revised Rate and Cost Schedule Including Hourly Rates, Sub- Consultants, and Reimbursable Expenses
Exhibit D – Clean Water Program Year 9 Staff Commitment

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1 EXHIBIT A
CH2M Year 9 SCOPE OF SERVICES
Task 01. Program Management and Administration
Task 1 includes activities related to the general administration of the City of San Mateo (City) Clean Water Program (Program). This task will provide services to keep the Program on schedule and communicate and mitigate team or quality concerns. The CH2M Program Manager Advisor and Deputy Program Manager Advisor, the City Program Executive, the City Engineering Delivery Leads, the CH2M Construction Management Lead, and the CH2M Program Controls Lead, referred to as the Program Management Team (PMT), together will be responsible for the day-to-day management of the Program and Program team, including work assignments, and performance monitoring. They will work together to adjudicate competing operational requirements, communicate a common plan, and enable overall Program schedule flow. They will also facilitate Program-level decision making and accurate root-cause problem identification for early and decisive corrective actions needed to deliver the Program within budget and on schedule.

Task 01.01 Program Management
a. Program Management: Key responsibilities and activities to be performed by the Program Manager Advisor and Deputy Program Manager Advisor include the following:
• Provide a safe working environment, strong communications and inclusion, and forward strategic thinking and planning for successful Program implementation. Provide safety training for construction and field work to Jacobs Program staff and subcontractors. • Ensure high team performance, assign appropriate staff for delivery, and proactively track delivery, cost, scope, and schedule changes at the Program level. • Manage and retain key staff, flex to fill gaps, and maintain Program succession planning. • Support the Program’s political, Council, Commissions, and public outreach strategy and needs.
• Oversee the management, tracking, and reporting of Program monthly performance and progress, including:
o Review earned value, cost performance index (CPI), and schedule performance index (SPI).
o Establish Key milestones and track successes.
o Oversee critical path activities and all functional teams including project delivery, environment and permitting, public outreach, procurement, funding, and construction.
o Review CH2M and subconsultant invoices.
• Provide timely assistance with problem solving to resolve critical issues or unforeseen events that may arise, such as: significant construction delays, large variation orders, unforeseen events that can impact scope, schedule and costs, regulatory permit non- compliance, any safety concerns, key staff losses and retention needs.

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2 • Conduct a mid-year contract progress status and lessons learned summit with the City.

Produce a presentation and agenda for the meeting.
• Provide Programmatic oversight, guidance, and training related to Program processes and procedures.
• Support City Engineering and Delivery Leads as follows:
o Resourcing of Project Managers
o Monthly project reviews
o Process and procedure ownership
o Delivery consistency
o Periodic audit of process compliance
o Review of scopes, budgets, changes
o Review of internal and external deliverables
o Review of agreements, administrative reports (ARs), and Amendments o Review of Estimates at Completion (EAC)/Estimates to Complete (ETC) and schedule updates
o Management of Project level risk reviews/updates
• Coordinate and lead project deep dives with Project Managers at least monthly for all projects.
• Lead change management activities in close coordination with a Change Management Board. Organize and manage the weekly Change Board meetings. Support tracking and management of Change Request Forms (CRFs); coordinate with Project Managers to review and approve Level 4 CRFs; and coordinate with Project Managers to prepare Level 3 CRFs for Change Board approval.
• Provide leadership for risk management at the Program and project levels to support the mission of the Program at the lowest possible cost and per the defined schedule. Conduct an annual Program risk review and significant project phase change risk reviews. Coordinate with the PMT and Project Managers to facilitate risk updates and review, monitor, and update mitigation strategies. Hold the project managers accountable and coordinate risk updates with the Program Controls team. Bring risk concerns to the attention of the City and PMT on an as-needed basis and discuss in detail at risk management meetings or PMT meetings. At the project level, Project Managers are expected to update and communicate individual risks to the Program Manager Advisor.
• Implement the quality management plan developed in Year 1 and updated in Years 2 through 8 of the Program. Provide quality assurance (not quality control) and work with the Program team to ensure that proper quality measures are taken to prevent additional risk to the Program and the City. Project Managers and Program staff will be accountable for quality of their own work and assurance of the work they are managing. b. Program Oversight: The Principal in Charge (PIC) will perform a site visit and client debrief once each quarter. The PIC will meet with the City Manager, Public Works Director and/or Deputy Public Works Director during these site visits to review status of the Program, CH2M team performance, and other related topics.

The following roles will be provided under this task:

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3 • Program Manager Advisor: CH2M Program Lead and Advisor to the City's Program Executive and Engineering Delivery Lead(s).
• Deputy Program Manager Advisor: Supports the Program Manager Advisor in the day-to-day management of the Program administration, ensures appropriate and adequate staffing from the CH2M team, and supports the Program’s Engineering and Delivery needs. • Principal-in-Charge: As CH2M’s executive representative, ensures that the Program Manager Advisor and Deputy Program Manager Advisor have adequate resources to deliver the Program and are delivering to the satisfaction of the City.

Deliverables

1. Annual updates to Program Management Plan (PMP) as needed.

2. Annual list of program successes/achievements.

3. Succession plan and staffing recommendations as needed.

4. Annual risk management update, and phase change updates for individual projects.

5. Incorporation of new project-specific risk registers into the Program risk register.

6. Agenda and presentation for a mid-year contract progress status and lessons learned meeting (held in April/May).

7. As-needed training materials or presentations for Program related processes and procedures.

8. As-needed training materials or presentations for Project Management tools and performance monitoring.

Assumptions

1. City will provide the following roles to support this task and the Program:
a. Program Executive
b. Engineering Delivery Leads – WWTP and Collection Systems

2. Program-related meetings will be held virtually through Microsoft Teams calls. In-person meetings, if needed, will be held at the CH2M WWTP Construction Management (CM) Trailer.

3. Bi-weekly PMT coordination meetings will be held.

4. Activities related to the Regional Service Customers and Partner Agency Coordination/support will be led by City. Any Regional Service Customers and Partner Agency Coordination effort requested of CH2M team members will be handled as a change and funded from contingency.

5. Individual Project Managers will work directly with designers and contractors to develop and update project-specific risk registers.

6. Change Management Board meeting participants will include the Program Manager Advisor, Deputy Program Manager Advisor, WWTP Construction Manager, City Public Works Director (Program Executive), Deputy Public Works Director and Engineering Delivery Leads.

7. Program Manager Advisor will be local for the first three months of Year 9, and thereafter will work remotely and fly in as necessary for site visits or key meetings. Program travel expenses will be based on one trip per month to the Bay Area for the Program Manager Advisor. Any additional trips will be funded from contingency.

8. All requests for non-local staff to travel to the Bay Area in support of the WWTP and Collection System projects will be managed as a change and be funded through contingency.

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4 Task 02. Program Controls
Task 2 covers activities related to financial management of the Program, including Program Controls Management, Economic Management, Document Management, and State and Federal Funding Coordination.

Task 02.01. Program Controls Management
The Program Controls team will maintain accurate and timely data to analyze and report on the status of the Program and its individual projects, revealing areas of potential risk or opportunity and highlighting recurring problems and best practices that can be adopted to address them at both the project and Program levels. The Program Controls team will continue to use the system of integrated tools and processes to support the monitoring and reporting on true progress of projects considering the work physically completed and approved by the PM/CM Team, the time taken, and the actual costs incurred to complete that work. Program Controls will coordinate between the PMT, Project Managers, Program team members, and City to get the most updated cost, schedule, and change management data.

The Program Controls responsibilities are categorized into two separate focus areas, Program-level and project-level as described below.
a. Program Controls Management: Includes the following key activities:
o Manage the Program Controls function and team.
o Oversee general Program reporting.
o Oversee document and Program SharePoint site management. o Prepare semi-annual cash flow analysis.
o Coordinate with Program functional leads and Project Managers. o Ensure quality control of Program Controls deliverables. b. Project Controls (Cost, Schedule, and Reporting). Includes the following key activities:
o Use and maintain the standard program work breakdown structure (WBS) for all projects.
o Prepare project baseline budgets and schedules and perform monthly cost and schedule management/updates for Project Managers.
o Provide monthly project controls support for Project Managers and Construction Managers.
o Conduct monthly cost and schedule update meetings with Project Managers and Construction Managers.

Deliverables

1. Program cash flow analysis and memorandum: provide semi-annually.

2. Provide PDF of Primavera P6 (P6) project schedule and costs monthly for all projects.

Assumptions

1. City will provide the Program Controls team with access to EDEN to download actual costs monthly. These costs are imported to P6. Invoices in EDEN can be delayed by up to three months; therefore, project accruals will be tracked, and actual costs will be confirmed when available in EDEN.

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5 2. City is converting from the use of EDEN to Workday for their accounting system in Fall 2022. Any training for CH2M staff or issues encountered resulting in additional or unanticipated effort associated with this transition as it relates to management of the Program will be considered out of scope and will be managed through change utilizing contingency.

3. City will prepare annual project charters in support of their fiscal year budgeting process. CH2M will not provide support of the Charter process.

4. Any special Program or Project Controls analyses, reports (such as Time Impact Analysis (TIA), other claims analysis, etc.), or other support will be managed via contingency.

5. The Program Dashboard is no longer updated or maintained.

Task 02.02. Economic Management
CH2M will perform TACT model update semi-annually with new P6 information and financial data as available and relevant to support the production of a semi-annual cash flow.

CH2M will support compliance reporting as required by the terms of the Program’s Water Infrastructure Finance and Innovation Act (WIFIA) and State Revolving Fund (SRF) loans for the WWTP Upgrade and Expansion Project and Basins 2 and 3 Collection System Improvements Project. This reporting includes both annual and quarterly current and projected financial conditions.

Deliverables

1. Semi-annual cash flow analysis (June and December).

2. Financial reporting for inclusion with WIFIA/SRF annual and quarterly compliance reporting deliverables.

Assumptions

1. TACT model will remain the property of CH2M and will not be provided to the City.

2. Rate setting will be conducted by the City’s rate consultant based on City directions. The City will contract with and manage their own rate consultant and financial advisor. Foster City will do the same.

3. Base scope does not include any TACT modeling scenario analysis. Any TACT modeling scenario analysis requested will be managed as a change and funded through use of contingency.

Task 02.03. Document Management
The Program team will use the Program SharePoint site to manage project-related documentation outside of construction management-related documents, which will be stored and managed in Procore.

This will allow the team to collaborate on documents in progress and provide a repository for project records.

The following activities will be performed under this task:
• Assist team with records storage within SharePoint.
• Maintain the term store and update as needed.
• Monitor SharePoint records for compliance with meta data requirements. • Perform periodic records storage cleanup, clean recycle bin, check for duplicate records, etc. • Prepare records management training materials and provide training, as needed.

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6 Deliverables

1. Document management training materials for the Program team, as needed.

Assumptions

1. City will provide Document Controls support to perform the necessary City processes for document management, including coordination with the City Clerk’s Office and updates to the Terms-Store.

2. City will provide SharePoint administrative support as needed for maintaining the Program SharePoint site environment and adequate storage capacity.

3. Procore will be used for document management of construction-related records.

4. Special requests from the City regarding SharePoint storage management or other special topics will be considered changes in scope and be funded through contingency.

5. City will provide a solution to move files from Procore to SharePoint for completed projects.

Task 02.04. State and Federal Funding Coordination
CH2M will provide ongoing support of the Program’s WIFIA loan efforts. Activities will include coordination with the Program Controls and Economic Management team to update cash flow projections; and preparation of documentation to comply with WIFIA quarterly reporting requirements.

Deliverables

1. Quarterly project status reports to WIFIA.

Assumptions

1. City will lead coordination efforts with Federal agencies, including facilitation of meetings with City Finance Department/PFA and WIFIA organizations, and provide input on processes needed to satisfy loan requirements.

2. City Management Analyst team will lead development and review of invoicing forms and formats, CH2M to provide oversight and support.

3. Review of City-prepared payment and invoicing forms and formats ensuring that they are acceptable to Federal agencies and support of initiation of inter-PFA invoicing process is not included in the base scope but could be added through use of contingency.

4. City will be responsible for State Revolving Fund (SRF) loan efforts including periodic compliance reporting.

5. Requests for CH2M support, such as coordination with State and Federal agencies and City Finance Department; coordination between the San Mateo-Foster City Public Financing Authority (PFA) and Federal agencies; preparation for Federal site visits or audits; check- in/coordination with the United States Environmental Protection Agency (EPA) for administration of both WIFIA loans; and other support will be managed as changes utilizing contingency.

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7 Task 03. Engineering and Project Management
This task will consist of project management and engineering activities to meet the goals of the Program, provide the best and most efficient solutions, and keep the Program on schedule and within budget.

Task 03.01. Engineering Delivery Management
A CH2M Engineering Delivery Management role will not be provided in Year 9. The project management and delivery activities will be coordinated by the Program Manager Advisor and Deputy under Task 01 Program Management.

City will provide two Engineering Delivery Leads who will oversee activities related to wastewater treatment plant and collection system projects with support from CH2M to provide a holistic perspective of how each project impacts the overall Program and to assist the Engineering Delivery Leads in driving consistency across the projects.

Task 03.02/03. Project Management
CH2M will provide Project Managers to deliver Program projects for the collection system and the WWTP. Project Managers will be responsible for efficient delivery of projects by managing Consultants and Contractors, managing project scope, cost, schedule and quality, and communication with the Engineering Delivery team.

Primary Project Management Team responsibilities during the design phase of the project are detailed below:
• Scope, budget, and schedule management and reporting
o Review, manage, and monitor Consultant scope of work; monitor and track progress against scope of work; and report progress monthly
o Review, manage, and monitor Consultant budgets; monitor and track project budgets and costs using Program tools; status project-level earned value progress and prepare EACs monthly; coordinate and facilitate value engineering reviews if needed o Develop and coordinate project level schedule; review, manage, and monitor Consultant schedules; report status against schedule; and provide monthly progress report o Coordinate with the Engineering Delivery team and Program Controls to report the latest project cost and schedule information
• Risk management
o Identify, develop, and maintain project level risks, risk definitions, and assessments o Develop risk mitigation strategies
o Coordinate with Risk Manager to provide risk updates to PMT • Change management
o Provide oversight and communication of project Decision Log o Negotiate and process consultant and contractor amendment requests; preparation of Change Request Form (CRF)
o Control scope by identifying and managing changes during design o Support development of materials for and presentation of CRFs to Change Board

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8 • Procurement, task order, and contract management
o Review and negotiation of Consultant proposed scope and fee o Develop procurement documents for Consultant Agreements o Prepare Administrative Reports for City Council action o Administer and manage Consultant (professional services) agreements o Administer and manage task orders and purchase orders request forms/POARS associated with project needs, such as right of way acquisition, PG&E services, etc. o Prepare contract amendments and change orders
o Manage and approve Consultant invoices/payments
o Resolution of Consultant contract issues/disputes
• Team leadership and management
o Coordinate project involvement of Functional Leads and Technical Advisors as appropriate
o Coordination and oversight of Consultant(s) or other third parties during all phases o Monthly reporting to Engineering Delivery Team
o Inform PMT of progress and issues
o Coordinate with other projects as needed
• Quality assurance
o Verify that Consultant implements quality control process o Confirm that Consultant has addressed review comments in subsequent deliverables o Coordinate and facilitate constructability and O&M review workshops o Coordinate input/reviews by Program Technical Advisors o Review and verify that Consultant deliverables meet scope and contract requirements o Coordinate and facilitate deep dive reviews
• Coordination and management of stakeholder engagement o Coordinate and facilitate City Staff/O&M review workshops/meetings o Coordinate and facilitate engagement with utility companies, such as PG&E, Cal Water, Comcast, AT&T, etc.
o Coordinate and facilitate engagement with City, San Mateo Planning, or other City Departments
o Coordinate and support project-related public outreach activities o Coordinate and participate in easement negotiations with property owners, if applicable o Coordinate and support public, Commission, and City Council meetings o Support content development for community meeting presentations and related materials (posters, handouts, etc.); attend community meetings • Coordination and management of communications and meetings o Coordinate and facilitate regular Consultant coordination/project status meetings o Prepare and distribute meeting notes for managed meetings o Inform project team of City and Program activities and decisions o Coordinate and facilitate responses to information requests from all parties including public
o Participate in regular Project Manager/Engineering Delivery review meetings o Respond to Program’s communication hotline comments and questions related to project

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9 • Document and records management
o Project level document management
o Consultant deliverable management – Quality assurance, distribution, and storage o Submit project or program documents to Document Controls Lead for review and record storage
• Technical Support
o Engineering support to facilitate consistency in design o Technical guidance to City on projects, activities, and planning o Review of remaining design deliverables for conformance with the Program objectives and criteria
During the construction phase of the project, the project’s CM team takes over the primary responsibilities for construction delivery and these services are detailed under Task 05.

The Project Management Team responsibilities during the construction phase of the project, primarily in a supporting role to Construction Management, are as follows:
• Internal and External Coordination
o Serve as point of contact with the Program Management Team as well as with operations staff
o Support coordination with Program and project team regarding progress and issues o Support coordination with Collection System O&M staff, Wastewater Treatment Plant O&M staff, and other City departments for existing facility shutdowns and/or tie ins. o Backup to CM to receive and file monthly labor compliance reports o Respond to Program’s communication hotline comments and questions related to project
o Inform project team of City and Program activities and decisions o Coordinate and facilitate responses to information requests from all parties including public
• Meetings
o Support preconstruction meeting which also represents the official project hand-off from PM to CM
o Participate in monthly project progress meetings
o Support regular project meetings including schedule updates, risk management, progress payment, Change Board, and public outreach
o Participate in regular Project Manager/Engineering Delivery review meetings • Scope, Cost, Schedule Management and Reporting
o Support review, approval, and maintenance of Schedule of Values; progress payment reviews and approvals; maintain contract financial data and summaries o Support baseline schedule review and acceptance; monthly schedule update reviews; review and approval of schedule changes and schedule recovery plans o Support monthly reporting, and SRF/WIFIA reporting, if applicable • Change Management
o Support tracking and management of all communications to assure response compliance

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10 o Support CM to prepare and issue Field Orders (FO)/Work Change Directives (WCD); prepare and issue Requests for Proposals (RFP); review Change Order Requests for Entitlement and Merit; review and negotiate change order Pricing; review and analyze change order schedule impacts
o Support tracking and management of all Change Orders; coordinate with the Engineering Delivery team to review and approve Level 4 Change Orders; and coordinate with the Engineering Delivery team to prepare Level 3 Change Orders for Change Board approval.
• Quality Management
o Assist CM in adjudicating quality issues.
o Provide support per responsibilities defined in project RACI diagrams. • Safety Management
o Support safety culture and CM Team with monitoring Contractor’s safety program and implementation thereof
o Support review of safety incidents and reporting requirements • Dispute Resolution
o Lead review of Conformed Bid Documents before Award
o Support Construction Manager to review issues for Entitlement and Merit o Support Construction Manager to prepare responses to correspondence o Support Construction Manager to conduct resolution meetings and negotiations • Testing, Startup, and Commissioning
o Support coordination of review and acceptance of Testing, Commissioning, and Startup Plans
• Project Close-out
o Support Construction Manager in conducting Substantial and Final Completion Inspections
o Support Construction Manager in recommendation of final acceptance of work by City o Prepare and submit a project close out memo (summary of actual costs, and project highlights, challenges, and lessons learned), and presentation (when requested), to the PMT for review
o Coordinate submittal of as-built drawings to City and Hydraulic Modeling Lead for updates to City’s GIS and hydraulic model
The following projects will be managed under this task according to the scope described above and per the additional constraints/limitations noted below:

Task 03.02 Wastewater Treatment Plant Projects
a. SCADA Merger Project: Scope has not been included for this project in Year 9. b. WWTP Upgrade and Expansion Project: CH2M to provide project management for construction from October 29, 2022, through October 2023. An allowance of 36 hours has been included in the budget for as-needed process advisor support and 48 hours for as-needed SCADA support for this project. If additional technical resources are required, CH2M will seek approval from the City. c. WWTP IAP 2 Project: CH2M to provide project management for construction from October 29, 2022, through March 2023. If the project schedule becomes further delayed or there is support

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11 needed on any post-project claim activities, CH2M will seek approval for additional budget from the City.
d. WWTP IAP 3 Project: Scope has not been included for this project in Year 9. e. WWTP Annual Major Components (AMC) Project: Scope has not been included for this project in Year 9.

Task 03.03 Collection System Projects
a. Basins 2 & 3 Collection System Improvements (Basins 2 & 3) – Overall Project Management:

CH2M to provide 36 hours of overall project management oversight for the ongoing suite of Basins 2 & 3 projects through October 2023. Task-specific project management activities are allocated to the respective project-level subtasks. Provision of technical support associated with the remaining active construction and design projects, if required, will be handled as a change utilizing contingency. Examples of the technical specialties would include geotechnical/ tunneling, hydraulic modeling, mechanical/process, and electrical engineering. b. Basins 2 & 3 – Dale Avenue Pump Station (DAPS) Project: CH2M to provide project management during the remaining construction period, anticipated to be completed in June 2023. Project closeout protocols and final documentation at completion is included in this effort for the DAPS project.
c. Basins 2 & 3 – Pacific Blvd FM Project: Scope has not been included for this project in Year 9. d. Basins 2 & 3 – Delaware Street Relief Sewer Project: CH2M to provide project management and 24 hours of as-needed technical support during the construction period. The overall construction project is anticipated to be completed by March 2023 with final closeout protocols and documentation completed by June 2023.
e. Basins 2 & 3 – Underground Flow Equalization System (UFES) Project: The City’s UFES Project Manager will continue to be responsible for the overall management of the UFES project and will be responsible to complete final closeout protocols and documentation. CH2M project management support, if requested, will be handled as a change utilizing contingency. f. Basins 2 & 3 – El Camino Real North/South: CH2M will provide project management for the El Camino Real – North and South Package from October 29, 2022, through October 2023. No technical support will be provided under the base scope; if required, CH2M will obtain City approval.
g. Basin 4 Project – Dale/Norton Relief Sewer Package: Scope has not been included for this project in Year 9.
h. Basin 4 Project – Odor Control Package: CH2M to provide project management and technical support through July 2023 to implement the recommendations of the second magnesium hydroxide dosing study anticipated to be complete in October 2022. The LOE included will be considered as an allowance, and any effort in excess of this amount will be considered a change utilizing contingency.
i. El Camino Real Annual Rehab Project Manager: Scope has not been included for this project in Year 9.
j. East San Mateo Lift Station Package 2: CH2M will provide as-needed technical support related to this project. The LOE included will be considered as an allowance, and any effort in excess of this amount will be considered a change utilizing contingency.

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12 Deliverables

1. Procurement documents for Consultant pursuits.

2. Project ETC/EAC updates monthly.

3. Reviewed consultant invoices.

4. Project schedule updates monthly.

5. RACI charts for construction projects.

6. Quality Control/Assurance Review Comments for consultant deliverables.

7. Initial project risk register including mitigations and phase change risk updates.

8. Draft contract agreements, amendments, change order requests, CRFs, and administrative reports as necessary for their respective projects.

9. Review comments for design submittals.

10. Meeting notes for managed meetings.

11. Coordinating project as-builts and supporting their incorporation into City records (i.e., GIS, hydraulic model).

12. Project closeout memo.

Assumptions

1. City will provide project manager(s) and/or continue the project management responsibilities for the following projects:
a. WWTP IAP 3
b. WWTP AMCs
c. Annual CCTV Inspections
d. Basin A Annual Rehab
e. Basin C Annual Rehab
f. Basin E Annual Rehab
g. East San Mateo Lift Station Package 2
h. Biennial Lift Station Rehab Project
i. Basins 2 & 3 UFES Project

2. The following key responsibilities of the City Engineering Delivery Leads are not included in the CH2M scope for this task:
a. PM to Project assignment.
b. Issue and decision resolution.
c. Inform PMT of project progress/issues.
d. Ownership of public, council meetings.
e. Approval of scopes, budgets, changes.
f. Approval of internal and external deliverables.
g. Approval of agreements, ARs, amendments.
h. Monitor project EACs and schedule.

3. All staff managing projects will use Program management tools provided by the Program Controls Lead and manage projects on an earned value basis.

4. Project changes will be reported by Project Managers (CH2M and City) to the Engineering Delivery team for their respective projects.

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13 5. Project and Program risks identified will be reported by Project Managers (CH2M and City) to the PMT for their respective projects.

6. An allowance for level of effort is included for as needed Project Management and Technical Support to various Program projects. Should the budgeted allowance be exceeded, CH2M will seek approval from the City to continue to provide as-needed support for this task on a project- by-project basis.

7. Ad hoc technical support or special investigations will be assumed to be out of scope and will be handled with change proposals.

8. An allowance for level of effort is included for as needed Technical Support to various Program projects. Should the budgeted allowance be exceeded, CH2M will seek approval from the City to continue to provide as-needed support for this task.

9. In order to provide a hydraulic review, Consultant design submittals will need to include a hydraulic model submittal reflecting the plans for Program model review.

10. The level of effort for WWTP Upgrade and Expansion project management is budgeted based on City direction. CH2M will perform project management services within this available budget.

Should the budgeted allowance be exceeded, CH2M will seek approval from the City to continue to provide support for this task.

11. For IAP 3 and AMC, City PM will remain as sole project manager. Any supplemental work on IAP 3 and AMC requested by City in support of City PM will be managed as a change utilizing contingency.

Task 03.04. Technical Support
CH2M technical support will not be provided in Year 9 at the Program level. An allowance for level of effort is included for Technical Support to various Program projects on an as-needed basis in the respective project budgets. There is no additional budget or allowance for Technical Support provided elsewhere in the budget for Year 9.

Task 03.05. Hydraulic Modeling
CH2M will provide hydraulic modeling support as described below in Year 9:
a. Hydraulic Assessment Report: Scope has not been included for this task in Year 9. b. Model maintenance anticipated tasks are the following:
• Convert existing hydraulic model version (currently 8.5) to the latest Innovyze version (2023+) on City server. Perform this update after 100% Basins 2 & 3 Conveyance Packages submittals and model submittals from Stantec.
• As projects are completed, as-built data (to include x-y coordinate information) will be compiled for use in updating City geographical information system and City’s hydraulic model. This will include updating operational controls following commissioning (i.e., flows and pump controls at DAPS, 38th and 41st Ave lift stations). c. Training: Scope has not been included for this task in Year 9. d. Development reviews: Allow up to 60 hours to perform development reviews for project applications submitted to the City’s Community Development Office. e. Flow monitoring support: Scope has not been included for this task in Year 9. f. Flow projection tool: Scope has not been included for this task in Year 9.

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14 Deliverables

1. Hydraulic model converted to latest Innovyze version and as-built model data.

2. Hydraulic model training sessions for City staff to include resource documents and data links.

3. Development review assessments in technical memorandum format.

Assumptions

1. City staff will provide coordination with and data from Thunderbird Communications where necessary to support Program related modeling efforts.

2. City staff will perform the field investigations to verify system configuration and hydraulic conditions in support of development review assessments.

3. City staff will provide requested data (e.g., WWTP influent flows, precipitation, wetwell levels)

4. City IT support may be required to address access issues of using hydraulic model on City server.

5. The scope above excludes any activities supporting SCADA related implementation.

6. An allowance for level of effort is included for some tasks as noted above on an as-needed basis.

Should the budgeted allowance be exceeded, CH2M will seek approval from the City to continue to provide as-needed support for this task.

7. Final design or as-built models to use for maintaining the City’s model will be provided by the design firms (I.e., Stantec, Schaaf and Wheeler, etc.).

8. Support for final completion of the Hydraulic Assessment Report, ongoing training to support the City’s use of the hydraulic model, and support for miscellaneous requests, if requested, will be managed as changes utilizing contingency.

Task 03.06. Odor Control Support
CH2M odor control support will not be provided in Year 9. Any odor control support related specific to a project will be covered under the Project PM Team tasks.

Task 03.07. SCADA Support
The SCADA scope of work for Years 2 through 8 was developed as a result of the SCADA workshop with City and the initial gap analysis performed by CH2M. SCADA work for Year 9 will focus on providing general as-needed support for the ongoing projects and existing facilities. SCADA tasks to be performed by CH2M will be coordinated with City’s Information Technology Department.

Specific CH2M tasks will include the following:
a. Continued SCADA as needed support: CH2M will provide an allowance of 192 hours technical support for SCADA, PLC, and IT related tasks to the WWTP I&C team. This work will include providing technical assistance for the UFES and WWTP construction projects. b. (Not used.)
c. SCADA System Radio Network Expansion: Scope has not been included for this task in Year 9.

Deliverables
None.

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1. City will be responsible for inviting the appropriate participants and stakeholders for all project meetings. The Consultant will provide guidance on the proposed meeting attendees prior to each meeting.

2. No hardware or software will be purchased for this project.

3. No hardware or software configuration or programming work will be performed under this scope of work.

4. An allowance for level of effort is included for SCADA Support to various Program projects on an as-needed basis. Should the budgeted allowance be exceeded, CH2M will seek approval from the City to continue to provide as-needed support for this task.

5. Development of flow/rain prediction tools and operator training workshops are excluded from initial Scope of Services submittals.

Task 04. Procurement
CH2M procurement support will not be provided in Year 9. City will provide overall procurement management and City procurement support services to support the Program.

Task 05. Construction Management
This task provides programmatic oversight for the construction related activities of the Program as well as specific construction management services to deliver the construction phase for each project under the Program in coordination with City staff, other Program staff, and City operations and maintenance staff. CM and inspection services for the WWTP projects will be performed by CH2M; collection system projects will be managed by the third-party CM subconsultants to CH2M or City direct hired CM consultants
Task 05.01. Program Construction Management
CH2M will provide overall Program-wide construction management oversight and leadership and staff management. CH2M will update and manage the Program wide construction management plan, processes, and procedures. In addition, CH2M will manage third party CM subconsultants as an integrated part of the CM team as well as City direct hired CM consultants.

Program level CM services will include:
a. Program Construction Management: Provide Program Construction Management Lead (CML) to provide Program wide construction management leadership and management. Maintain and update the Construction Management Guidelines as necessary. Task includes participation in project level CM meetings to monitor CM performance and to support identification of potential program/project risks and to support resolution of major project issues. Prepare, implement, and administer annual contract and amendments for third-party CM services agreement (Kennedy/Jenks). Review and negotiate project level CM services scopes and fees for projects assigned to Kennedy/Jenks. Prepare responsibility matrices for CM services projects assigned to Kennedy/Jenks. Monitor the performance of the Kennedy/Jenks CM services including periodic reviews of deliverables and provide feedback as necessary. Review and approve changes in proposed staff resources as necessary. Provide change management oversight including

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16 participation in monthly change review meetings with the 3rd party CMs to review contractor proposals, review of the Change and Payment Summary (CPS), Contractor change proposal review, and CRF and Change Order review and facilitation/oversight. b. Construction Document Control and System Administration: Provide and maintain a Program wide document management system (Procore). Review and negotiate an annual Procore contract extension. Provide contract administration of this system throughout the duration of the Program and perform project setup, user administration, training, and auditing of appropriate application of Procore.
c. General Construction Administrative support: Provide general construction administration and office management for the Program. Manage and procure office supplies, PPE and other supplies as needed. Manage company fleet vehicles included leases, licensing and registration, maintenance. Other activities include visitor management, meeting note preparation and distribution, general document management, shipping and distribution, coordination of office furniture and office equipment supply and management, coordination of IT services and maintenance, meeting room and office space coordination, and mail management and distribution.
d. Construction Management Reporting: Support the preparation, compilation and distribution of the project specific Change and Payment Summaries (CPS) for each active project. e. Labor Compliance Contract Management: This has been provided for under the WWTP and Basins 2 & 3 PM budgets (Task 3).
f. Third-party CM Services Support: Communicate and train the third party CMs regarding Program processes and tools.
g. Health and Safety Visits and Reporting: Compile and tabulate health and safety statistics for the entire Program, coordinating with each contractor/CM team as necessary. Prepare monthly summary reports in the form of a PowerPoint graphic that will be published in other Program reports. Extract and compile the certified payroll hours reported through the Department of Industrial Relations (DIR) for all contractor and subcontractor hours worked. Compile all professional consulting service hours worked for incorporation into the total Program Safety Report metrics. Perform program wide quarterly HSE site visits to review and monitor contractor health and safety practices associated with active construction sites. Prepare brief summary report of these site visits summarizing positive performance as well as any corrective actions.

Deliverables

1. Updates as necessary to the Construction Management Guidelines.

2. Annual Procore Contract extension.

3. Monthly Change and Payment Summary (CPS) for each project.

4. Third Party CM, Labor compliance and material testing contract amendments.

5. RFPs for each CM services project need.

6. Responsibility matrix for each CM services project.

7. Monthly Health and Safety Statistics Report Graphic

8. Health and safety statistics report, monthly.

9. Quarterly health and safety site visit reports.

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17 Assumptions

1. The WWTP CM Lead will double-hat as the Program CM Lead with support from the Program Manager Advisor.

2. Kennedy/Jenks will be maintained as one of three third-party CM subconsultants and will remain as a subconsultant to CH2M, under this Program Management contract. The remaining two third-party CM subconsultants (TMI and Tanner Pacific) will have direct contracts to the City.

3. Smith Emery and Signet will have direct contracts to the City for Year 9.

4. Program construction managers and inspectors will oversee third-party subconsultants to confirm proper implementation of the PMP.

5. No CH2M estimating support is provided. Estimating support will be requested from the designer of record when needed.

Task 05.02/03. Site Construction Management
The CH2M CM team will perform CM services for the active construction projects defined below. Work related to the WWTP projects will be performed solely by CH2M staff, and that related to the collection system will be provided by third-party subconsultants. Whether services are provided by CH2M or a subconsultant, the following general activities will be provided, at a minimum for each project during the construction phase:
• Weekly progress meetings
• Perform review of Contractor baseline and monthly schedule updates • Actual vs. planned progress schedule management
• Prepare and respond to Time Impact Analysis (TIA)
• Coordination with Contractor, Program Manager, City, O&M and Design Engineer • Review of Contractor’s performance for contract compliance • Review Contractor submittals for compliance with contract documents • Review Contractor Request for Information (RFI) and coordinate with Design Engineer for resolution and response
• Log all RFIs and associated responses
• Review Contractor monthly invoices and recommend payment requests • Provide Contractor with acceptability or deficiencies in work and required actions for contract compliance
• Review and coordinate system outage requests
• Maintain project documents files and utilize document management in Procore Construction Management System
• Inspect and observe Contractor’s work
• Maintain daily inspection reports
• Review of material and equipment delivery
• Coordinate material testing and specialty inspections • Review of Contractor’s compliance with health and safety standards • Monthly monitoring of Contractor’s record/as-built documents • Review and evaluate potential change orders and cost estimates/quotations

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18 • Recommend course of action for contract change order requests • Inspection and evaluation of site conditions
• Review, gather, and evaluate information for resolution of potential claims • Site inspection to determine if facilities are complete and in compliance with contract documents
• Develop punch lists
• Recommendation of retention release to Contractor
• Preparation of substantial completion certificate
• Verification of all O&M Manual submittals
• Coordination of final submittal and obtain/review complete record drawings from Contractor • Verification that Contractor has made all payments
• Preparation and submittal of final construction report Task 05.02 Wastewater Treatment Plant
CH2M will provide the above-described CM services for the following projects. a. WWTP Upgrade and Expansion Project: Period of performance to be October 29, 2022, to October 27, 2023. Inspection services for yard piping and electrical duct banks is assumed to be from October 29, 2022, to April 28, 2023 (six months).
b. WWTP IAP 2 Project: Period of performance to be October 29, 2022, to March 31, 2023. c. WWTP Annual Major Components (AMC) Projects: No scope is assumed for Year 9.

Task 05.03 Collection System
CH2M or our direct subconsultants will provide the above-described CM services for the following collection system projects. Note, the CM services for projects not listed below will be performed by one of the two on-call City direct hired consultants.
a. Basins 2 & 3 – DAPS Project: Kennedy/Jenks will provide the CM services under contract to CH2M. LOE based on period of services from October 29, 2022, to June 30, 2023. b. Basins 2 & 3 – UFES Project: Kennedy/Jenks will provide the CM services under contract to CH2M. LOE based on period of services from October 29, 2022, to October 27, 2023.

Deliverables

1. Monthly Change and Payment Summary (CPS).

2. Meeting minutes for construction progress meetings.

3. Change order tracking and documentation.

4. Progresspayment review and recommendations.

5. Daily inspection reports.

6. Review of contractor’s proposed post-bid changes to the design and advising on their justification, viability, and achievable cost reductions and impact on the schedule, and negotiating changes or extra work on behalf of City.

7. Close-out documentation.

8. Shutdown Outage Requests.

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19 9. Coordination with the Project Manager to prepare and submit a project close-out memo (summary of actual costs, and project highlights, challenges, and lessons learned), and presentation (when requested), to the PMT for review.

Assumptions

1. CH2M will not be responsible for overall site safety for construction projects under the Clean Water Program.

2. Upon City approval, CH2M will augment the third-party subconsultants in event they are unable to provide timely resources. A change proposal will be submitted for approval in this event.

3. CH2M or our direct subconsultants will not provide CM services for the Basins 2 & 3 – Delaware Street Sewer Relief Project. These services will be provided by Townsend Management under a direct consultant agreement to City.

4. Tanner Pacific will perform CM services for the Basin A and IAP III projects under a direct contract to City.

5. Jacobs will coordinate with City to assign future Collection System projects CM services.

6. The number of inspectors is budgeted based on City direction. CH2M will perform inspection services within this available budget. As a result, it is anticipated that portions of the construction work will not receive continuous inspection by CH2M. In addition, CH2M staff will limit overtime work to no more than 2% of the budgeted time. Any overtime needed above this amount will result in a change request.

7. No scope or budget is included for CM services related to the AMC projects.

8. For the collection system project schedule support effort, an allowance of 90 hours is budgeted to provide schedule reviews for the current active projects. Project schedule reviews for all future projects will be managed as a change utilizing contingency.

9. Document control setup hours assumes that the scope of this activity is limited to four new project setups in Year 9.

10. Document administration scope is not provided in Year 9.

11. Construction Management reporting scope assumes that CPS reports will be complied and sent to Program Controls directly from the PMs/CMs as needed.

12. WWTP schedule reviews exclude IAP 3 and AMC projects. If schedule review for IAP 3 or AMC projects is desired, this will be managed via change utilizing contingency.

13. CM and inspection hours associated with IAP 2 applies for the period from October 31, 2022, through January 15, 2023, and the effort is for monitoring typical construction activities. This LOE excludes any effort that may be necessary to support claim-related analysis or adjudication which will be managed via change utilizing contingency if requested.

14. The level of effort for inspectors and field office engineers is budgeted based on City direction.

CH2M will perform services within this available budget. Should the budgeted allowance be exceeded, CH2M will seek approval from City to continue to provide support for this task.

Task 05.04 Material Testing and Special Inspections
Material testing and special inspections will be provided by Signet and Smith Emery under direct contracts to City. CH2M has included no scope or budget for material testing or special inspections for Year 9.

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20 Task 06. Environmental and Permitting
CH2M will provide oversight of project permitting, and continue to provide CEQA support, and site compliance support for the Program.

Task 06.01. Environmental and Permitting Lead
CH2M will provide a lead to oversee environmental documentation, permitting activities, and agency coordination related to the Clean Water Program. In this role, the Environmental Functional Lead will perform the following tasks:
• Coordinate directly with project management, construction management, and various subcontractors to discuss and resolve environmental compliance issues for the program. • Provide technical support and oversight of permit conditions and updates (e.g., Construction General Permit SWPPPs).
• Oversee monthly periodic and routine site inspections of project sites to ensure proper Best Management Practice (BMP)s are maintained and implemented as required. • Coordinate environmental monitoring and surveys for the program, including biological and cultural.
• Attend weekly construction meetings for the program.
• Oversee and review the draft and final All Permits Issued (API) packages. • Coordinate budget and scope management with Program Controls and Program Management for the Environmental and Permitting task.

Task 06.02. Permitting Tracking
CH2M will provide a Permitting Tracking Lead and maintain a permit tracking tool to offer the following benefits to the Program:
• Rapid and visible access to the status of all permits. • Consistency and integration of project and Program level permitting strategies. • Support and streamlining of Project Manager responsibilities. • Program related reference permitting documents, standard approaches, templates, and contacts.
• Instant access to all permitting documents by project.

The Permit Tracking Lead will work with individual Project Managers and their consultants to confirm and track the required permits, associated permit requirements, and timeline. A permitting schedule will be maintained for each project. The permit tracking lead will coordinate with the Project Controls Manager on permitting schedules from the consultant teams so critical path items can be flagged for the Program Management Team. All permits will be tracked in the Permit Tracking Tool on the Portal.

CH2M will also provide an API (All Permits Issued) Development Lead to prepare and issue an API document for all Program projects. This document will provide access to permits by City staff, Program staff, or regulators when visiting construction sites. It is expected that all construction activities will be completed under the permit requirements.

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21 The environmental and permitting function team will provide construction permit support to assist with coordination between the designer/consultant and construction contractors, on behalf of City. This includes coordination between the contractor(s) and City to determine which City permits are required and which are exempt from City permitting for the various Program projects.

The following activities will be provided under this task:
• Direct coordination with Project Managers and Engineering Delivery Leads to obtain permits and coordinate project scope and schedule information for APIs. • Compilation of draft and final APIs
• Review of construction permits for the program (e.g., SWPPPs, Hazardous Materials Management Plans, soil, and water quality reports).
• Provide technical support for existing and developing regulatory permits, including permit application completion and consult and subcontractor coordination and review of permit conditions (e.g., SWPPPs).
• Coordinate with Project Managers and Engineering Delivery Leads to update the Permit Tracking Tool (PTL) bi-weekly.

Deliverables

1. Individual project permitting schedules submitted to Program Controls Lead.

2. Update Permit Tracking Tool bi-weekly.

3. Construction permit review and comments.

4. APIs for construction projects under the Clean Water Program.

Assumptions

1. Project Managers will keep the Permit Tracking Lead up to date on permitting progress, will hold consultants accountable on the permitting schedule, and will raise any concerns with the Program team.

2. All permits will be obtained by project-specific consultants. The consultant will serve as the agency point of contact with communications requiring approval of the Program.

3. City will manage any regular reporting requirements by permitting agencies. The Program team will provide information and assistance related to Program permitting.

4. An allowance for level of effort is included for Construction Permit Support to various Program projects on an as-needed basis. Should the budgeted allowance be exceeded, CH2M will seek approval from City to continue to provide as-needed support for this task.

Task 06.03. CEQA
CH2M will provide CEQA support up to 12 hours to support review and development of categorical exemptions, Site-Specific Environmental Checklists (SSEC), or other CEQA documentation for projects before entering construction phase.

Deliverables

1. CEQA review comments for the API process documentation.

2. Development of Site-Specific Environmental Checklists for project APIs.

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22 Assumptions

1. City will provide legal support for CEQA decisions and documentation as well as coordination between various City departments on the level of documentation and requirements of the CEQA process.

2. An allowance for level of effort is included for CEQA Support to various Program projects on an as-needed basis. Should the budgeted allowance be exceeded, CH2M will seek approval from City to continue to provide as-needed support for this task.

Task 06.04. Agency Coordination
CH2M agency coordination support will not be provided in Year 9. City will provide overall agency coordination to support the Program.

Task 06.05. Sustainability Support
CH2M sustainability support will not be provided in Year 9.

Task 06.06. Site Support
Task 06.06.01. Air Quality Support
CH2M air quality support will not be provided in Year 9. City will provide overall air quality support to the Program.

Task 06.06.02. Compliance Site Inspection
CH2M will provide support on an as-needed basis to City’s compliance staff for all Clean Water Program projects related to site permit items as well as the following as budget allows:
• Stormwater Pollution Prevention Plans (SWPPP): CH2M Compliance Site Inspection lead(s) will be available to supplement the City’s SWPPP compliance team. Additional periodic site inspections will take place to ensure that BMPs are properly maintained and implemented on active construction sites.
• Waste management (HAZMAT): CH2M will provide on-call HAZMAT technical experts as needed to support contractor decisions regarding hazardous materials disposal. • Nesting bird monitoring and surveys (Migratory Bird Treaty Act [MBTA]): CH2M Biologist will be available to provide monitoring and inspection services on an as-needed basis. • Air Quality Technical Support: CH2M Air Quality Specialist will be available to support the review of any applicable permit applications and assist with technical advisory on an as-needed basis.

Deliverables

1. Site survey and monitoring reports, to be defined on as needed basis.

2. Updates to existing permits and applications. To be defined on as needed basis.

Assumptions

1. City will provide direction on any specific hazardous waste generator issues or compliance. City will be listed as the owner/generator on all Hazardous Waste manifests or compliance forms.

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23 2. City will provide oversight for the construction SWPPP as is done for other construction projects within City.

3. The Construction Manager at Risk (CMAR) will control all activities related to construction dewatering at the Detroit Drive parcel and CH2M will support City and Program as needed with technical expertise and oversight. Neither CH2M or the Program will be directly responsible for SWPPP, dewatering permitting, or compliance reports.

4. An allowance for level of effort is included for Compliance Site Inspection support to various Program projects on an as-needed basis. Should the budgeted allowance be exceeded, CH2M will seek approval from the City to continue to provide as-needed support for this task.

5. Cultural monitoring support is not included in the base scope and budget. If needed, CH2M will seek approval from the City to provide as-needed support.

6. An allowance for air quality technical support is included in this base scope and budget. Should the budgeted allowance be exceeded, CH2M will seek approval from the City to continue to provide as-needed support for this task.

7. Should additional biomonitoring above and beyond nesting bird surveys, this will be managed as a change utilizing contingency.

Task 07. Public Outreach
Task 07.01. Public Outreach
CH2M will provide support to City’s overall management of the Clean Water Program public outreach program and provide information related to the Program and projects to support outreach activities.

CH2M will also provide outreach support at the project level for project managers, construction managers, and design consultants/contractors and continue to fine-tune and maximize efficiencies in public outreach processes.

Public outreach activities will include:
a. Program-Level Support:
o Manage, maintain, and develop the Program website content monthly, including project status updates and GIS related updates.
o Develop and coordinate signage, door hangers, postcards, and other material for construction projects.
o Develop monthly newsletters.
b. WWTP Project-Specific Support:
o Coordinate and develop CEQA-related and other legally required notifications for project.
o Maintain the public-facing website monthly and provide adequate staffing to manage and develop content.
c. Collection System Project-Specific Support:
o Coordinate and develop CEQA-related and other legally required notifications for projects.
o Develop monthly newsletters, monthly work updates, and text alerts. o Maintain the public-facing website monthly and provide adequate staffing to manage and develop content.

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24 o Develop UFES specific quarterly newsletters.

Deliverables

1. Quarterly website updates and content.

2. Content for signage, doorhangers and post cards.

Assumptions

1. City will provide the following roles to support this task and the Program:
a. Public Outreach Lead

2. Support for community meetings will be addressed by contingency.

Contingency
CH2M can provide additional services under this scope of work through a contingency budget. Activities under contingency may include, but are not limited to:
• Additional outreach expenses and staffing.
• General project management beyond that budgeted and/or identified in the amendment. • Program controls related special requests or reporting above that defined in scope of work. • Participation or leadership of economic summits.
• Technical expertise or support resources for Project Managers. • Additional hydraulic modeling support.
• Additional CEQA support, permit acquisition, and compliance site inspection for other City projects.
• Preparation of scope of works, RFPs or Task Order Amendments and related negotiations for future third party CM services for City direct hired consultants. • Additional construction management or inspection resources. • Cost estimating support for the construction phase services. • Additional SCADA support.
• Additional third-party construction management or materials testing requirements. • Bond and funding planning.
• Flow monitoring support. This may include the following:
o Temporary flow monitoring to validate the need/design support for possibly the East San Mateo Lift Station projects.
o Establishing contracting requirements, report/data needs, and providing access for WWTP operators within business machines for replacement of permanent flow monitors (i.e., El Cerrito and Polhemus).
• Public Outreach Support for community meetings.
• SCADA system startup support for UFES and WWTP projects. This may include the following:
o Control system supervision and startup support to test and commission the overall wet weather treatment strategy as each of the facilities are brought online. o Development/update of overall operational strategy.
o Working with the City and the Program modeling team to install the correct software packages and to conduct the initial pilot tests for the overall operational strategy.

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25 o SCADA support services during construction for active projects. o Review of submittals, respond to RFIs, and coordinate SCADA support for the various active projects, as well as technical and on-site support for the network monitoring contract.
o Update of SCADA Master Plan and existing standards based on the SCADA Merger Project.
• Verification of the accuracy and methodology of the rain and flow projection tools in coordination with WWTP Operators during the 2022/2023 wet-weather season. This may include the following:
o Expansion of tool to apply regression equations within the daily autogenerated reports. o Operator coordination and review of the projection tools. • Miscellaneous flow monitoring data and analysis requests.

Contingency activities will be identified as needed and scope and fee will be developed and agreed upon by both CH2M and City. Budget will be allocated from the contingency task.

Deliverables

1. Deliverables shall be defined for each contingency scope activity agreed.

Assumptions

1. Use of the contingency budget will be prioritized by the Program Executive and the Program Manager Advisor.

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EXHIBIT C
Rate ‐ Multiplier Plus Expense Payment Structure
CH2M HILL Engineers, Inc.

Rate Fee Basis:

As of November 1, 2022

1. Hourly charge basis is for CH2M HILL Engineers, Inc. (CONSULTANT) staff and will consist of the following:
• Direct Wages: actual hourly salary for each individual • Fringe Benefits: 40.7% of direct wages
• Overhead: 137.2% of direct wages
• Profit: 10%

2. The CONSULTANT direct hourly wage rates and unit rates are effective through October 31, 2023.

These hourly and unit rates may be negotiated by the CONSULTANT and the City of San Mateo (City), provided CONSULTANT submits written notice to City of CONSULTANT’s request to revise the hourly and unit rates thirty (30) calendar days prior to requested changes. Both parties will use as a benchmark for negotiations the percent change for the previous twelve (12) months of the “Employment Cost Index (ECI), for total compensation for private industry workers, for the San Francisco‐Oakland‐San Jose, CA CSA Census region and metropolitan area (not seasonally adjusted)” as published by the U.S. Department of Labor, Bureau of Labor Statistics. A negative index will result in rates remaining the same and maximum increases should not exceed 3% per person except in cases where an employee has received a promotion and associated raise. These exceptions will be evaluated on a case-by-case basis.

Direct Program Expenses:
a. Reimbursable expenses for all non-local staff (except those on Long-Term Assignments). Staff that are assigned to San Francisco, Oakland, or San Jose offices are considered local. • Personal use vehicles for Program business and visits to sites at IRS reimbursement rate/mile. • Program and project delivery equipment rental/lease at actual cost, as needed. • Reproduction “Outside” Program Office Services at cost, as needed. (Note: CH2M may lease up to seven Program “pool” vehicles at the WWTP Construction site to be available to all CH2M Program staff. The number of leased vehicles and type may change from year to year based on CIP and construction needs and will be address in each annual scope submission by CONSULTANT.)
b. Reimbursable expenses for remote staff assigned via Long-Term Assignments to the Program. • Travel meals and hotel at 70% of Federal GSA per diem rate/day (updated annually) as published on the USGSA website. Receipts will not be required. • Rental car, airline tickets, and other miscellaneous travel costs to and from home city at actual cost. Receipts for all costs over $25 will be maintained and submitted with invoices.

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c. Specialty software as required (cost is for new software beyond any software or internal modeling tools already provided in the Scope of Services – i.e., Portal software products, TACT, Voyage, etc.) once approved by City Program Manager.
d. Sub‐consultant charges at cost plus 5%.
e. Other Direct Program Related Costs at cost.
f. PMA housing allowance (based on 50% of Federal GSA rates – updated annually and rounded to the nearest $1,000).

Other:
a. Budget changes, rate increases, and any allocation of contingency dollars to be approved by City Program Manager.
b. Software portal services will include both hourly and monthly charges. City Program Manager to review and approve monthly charges.

Notes:

See attached Cost Schedule for 2022-23.

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Exhibit C - Cost Schedule - City of San Mateo
Program Management Services for Clean Water Program - Year 9 CH2M HILL
Labor Hours
CH2M HILL Direct
Wages
CH2M HILL Fringe
Benefits (.407)
CH2M HILL
Overhead (1.372)
CH2M HILL Profit
(.10)
CH2M HILL Labor
Cost Subconsultant Cost
Markup on all
Subconsultant
Costs
Total Cost Funding Source
Task 01. Program Management and Administration
Task 01 - Program Manager Advisor 1,000 118,695$ 48,309$ 162,850$ 32,985$ 362,840$ --- --- 362,840$ Program Task 01 - Deputy Program Manager Advisor 1,000 101,557$ 41,334$ 139,336$ 28,223$ 310,450$ --- --- 310,450$ Program Task 01 - Principal In Charge 12 7,750$ 3,154$ 5,686$ 1,659$ 5,343$ --- --- 5,343$ Program Expenses
CH2M HILL Expenses --- --- --- --- --- --- --- --- 21,000$ Program PMA Housing Allowance --- --- --- --- --- --- --- --- 17,250$ Program Subcontractors
None --- --- --- --- --- --- -$ -$ -$
Task 01. Subtotal 2,012 $ 228,003 $ 92,797 $ 307,873 $ 62,867 $ 678,633 $ - $ - $ 716,883 Task 02. Program Controls
Task 02 - Program Controls Lead 1,800 165,063$ 67,181$ 226,466$ 45,871$ 504,581$ --- --- 504,581$ Program Task 02 - Program/Project Controls Specialists 288 22,218$ 9,043$ 30,483$ 6,174$ 67,919$ --- --- 67,919$ Program Task 02 - Economic Management 60 44,928$ 16,366$ 61,641$ 12,293$ 17,452$ --- --- 17,452$ Program Task 02 - Document Management 480 78,092$ 29,783$ 107,142$ 21,502$ 54,869$ --- --- 54,869$ Program Task 02 - State and Federal Funding Coordination 48 78,092$ 29,783$ 107,142$ 21,502$ 14,902$ --- --- 14,902$ Project Expenses
None --- --- --- --- --- --- --- --- -$
Subcontractors
None --- --- --- --- --- --- -$ -$ -$
Task 02. Subtotal 2,676 $ 388,393 $ 152,156 $ 532,875 $ 107,342 $ 659,722 $ - $ - $ 659,722 Task 03. Engineering and Project Management
Task 03 - Project Management - WWTP 1,136 82,170$ 33,443$ 112,737$ 22,835$ 251,184$ --- --- 251,184$ Project Task 03 - Project Management - Collection Systems 1,040 97,874$ 39,835$ 134,283$ 27,199$ 299,190$ --- --- 299,190$ Project Task 03 - Hydraulic Modeling 260 20,706$ 8,427$ 28,409$ 5,754$ 63,297$ --- --- 63,297$ Program Task 03 - SCADA Support 192 17,881$ 7,277$ 24,532$ 4,969$ 54,659$ --- --- 54,659$ Program Expenses
None --- --- --- --- --- --- --- --- -$
Subcontractors
None --- --- --- --- --- --- -$ -$ -$ Project
Task 03. Subtotal 2,628 $ 218,630 $ 88,982 $ 299,960 $ 60,757 $ 668,330 $ - $ - $ 668,330 Task 04. Procurement Support - not used
Task 05. Construction Management
Task 05 - Program Construction Management 2,838 116,306$ 47,337$ 159,572$ 32,321$ 355,536$ --- --- 355,536$ Program Task 05 - Site Construction Management 23,360 1,579,881$ 643,012$ 2,167,597$ 439,049$ 4,829,539$ --- --- 4,829,539$ Project Expenses
Construction Management Expenses --- --- --- --- --- --- --- --- 296,121$ Program Procore --- --- --- --- --- --- --- --- 247,500$ Program Subcontractors
3rd Party CM - Kennedy/Jenks --- --- --- --- --- --- 1,252,965$ 62,648$ 1,315,613$ Project Task 05. Subtotal 26,198 $ 1,696,187 $ 690,348 $ 2,327,169 $ 471,370 $ 5,185,075 $ 1,252,965 $ 62,648 $ 7,044,309 Task 06. Environmental and Permitting
Task 06 - Environmental and Permitting Lead 480 23,118$ 9,409$ 31,718$ 6,425$ 70,670$ --- --- 70,670$ Program Task 06 - Construction Permit Support 120 5,966$ 2,428$ 8,185$ 1,658$ 18,237$ --- --- 18,237$ Program Task 06 - API Development Lead 180 8,014$ 3,262$ 10,995$ 2,227$ 24,498$ --- --- 24,498$ Program Task 06 - CEQA Lead 12 1,274$ 518$ 1,748$ 354$ 3,894$ --- --- 3,894$ Program

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Exhibit C - Cost Schedule - City of San Mateo
Program Management Services for Clean Water Program - Year 9 CH2M HILL
Labor Hours
CH2M HILL Direct
Wages
CH2M HILL Fringe
Benefits (.407)
CH2M HILL
Overhead (1.372)
CH2M HILL Profit
(.10)
CH2M HILL Labor
Cost Subconsultant Cost
Markup on all
Subconsultant
Costs
Total Cost Funding Source
Task 06 - Compliance Site Support 100 6,440$ 2,621$ 8,835$ 1,790$ 19,686$ --- --- 19,686$ Project Expenses
None --- --- --- --- --- --- --- --- -$
Subcontractors
None --- --- --- --- --- --- -$ -$ -$
Task 06. Subtotal 892 $ 44,812 $ 18,238 $ 61,482 $ 12,453 $ 136,985 $ - $ - $ 136,985 Task 07. Public Outreach
Task 07 - General Public Outreach Support 444 18,530$ 7,542$ 25,423$ 5,149$ 56,644$ --- --- 56,644$ Program Task 07 - WWTP Public Outreach Support 60 2,996$ 1,219$ 4,110$ 832$ 9,157$ --- --- 9,157$ Project Task 07 - Collection Systems Public Outreach Support 700 35,572$ 14,478$ 48,805$ 9,885$ 108,740$ --- --- 108,740$ Project Expenses
None --- --- --- --- --- --- --- --- -$
Subcontractors
None --- --- --- --- --- --- --- --- -$
Task 07. Subtotal 1,204 $ 57,097 $ 23,239 $ 78,338 $ 15,867 $ 174,541 $ - $ - $ 174,541 Subtotals 35,610 2,633,122$ 1,065,761$ 3,607,696$ 730,658$ 7,503,285$ 1,252,965$ 62,648$ 9,400,769$ Total Amendment No. 8 Not to Exceed Amount $ 9,400,769 Contingency $ 1,410,000 Program/Projects
Total with Contingency $ 10,810,769

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Exhibit D
Clean Water Program Year 9 Staff Commitment
Per Section 3.2 of the October 2014 agreement between the City of San Mateo and CH2M, CH2M is replacing the stated key personnel and contractually committing the following staff to the delivery of the Clean Water Program. If any of these staff leave the firm or are in a situation where they can no longer serve the Program, the City of San Mateo will participate in selecting and approving a replacement with equal or greater qualifications.

Program Management and Administration

• Mike Duvendack
• Mia Lindsey

Program Controls

• Ignacio Yanez
• Tim McDonough

Engineering and Project
Management

• Leswin D'Cunha
• Skye Handley
• Makarand Pendse
• Dan O'Leary
• Dhumal Aturaliye
Construction Management

• Charles Thomas
• Jennifer Clarke
• Barbara Hollo de Andrade
• Kyle Gostkowski
• Rexel Boter
• Mitchell Haskins
• Pat Duck
• Daniel Ryan
• Chad Owens
• Stephen Melko

Environmental and Permitting

• Eva Johanson

Public Outreach

• Shawna Haymon

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-4661 File ID: 22-6701 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 17, 2022
SUBJECT:

San Mateo County Transportation Authority Senate Bill 1 Solutions for Congestion Corridors and Local Partnership Program Grant Application – Letter of Support
RECOMMENDATION:

Authorize the Mayor to send a letter of support on behalf of the City regarding San Mateo County Transportation Authority’s application for Senate Bill 1 (SB 1) funding for the United States 101 and State Route 92 Area Improvements and Multimodal Project.

BACKGROUND:

The San Mateo County Transportation Authority (SMCTA) is applying for 2022 Senate Bill 1 (SB 1) funding to help support construction of the United States Highway 101 and State Route 92 (US 101/SR 92) Area Improvements and Multimodal Project (Project). SMCTA is leading this project in partnership with the California Department of Transportation (Caltrans), the City/County Association of Governments of San Mateo County (C/CAG), and the City.

The US 101/SR 92 Interchange, located in the heart of San Mateo County, is an essential connection to the San Francisco Airport, South San Francisco biotech industries, the Silicon Valley, as well as major East Bay destinations. Under normal conditions, over 345,000 vehicles travel through this interchange each day, which is consistently identified as the worst interchange in the County in terms of congestion and extended delays. The project will ease congestion by improving traffic flow, reducing hazardous vehicle weaving incidents, improving safety conditions and local connections to and from the highway. The proposed bicycle facilities, pedestrian improvements, and new transit mobility hub aim to support a shift to healthier, active transportation options and improve local access for all modes of transportation. The project will greatly benefit residents and users, as San Mateo sits in the center of the US 101/SR 92 interchange. Supporting this project and grant application will be consistent with the City’s strategic plan of easing congestion in our corridors.

BUDGET IMPACT:

There are no budgetary impacts for this activity.

ENVIRONMENTAL DETERMINATION:

This letter of support is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

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ATTACHMENTS
Att 1 - Letter of Support

STAFF CONTACT
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

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10/17/2022
The Honorable Mitch Weiss
Executive Director
California Transportation Commission
1120 N Street, MS 52
Sacramento, CA 95814
Dear Executive Director Weiss:

On behalf of the City of San Mateo, I write in support of the San Mateo County Transportation Authority’s 2022 application for Senate Bill 1 (SB 1) Funding to help support construction of the United States Highway 101 and State Route 92 (US 101 /SR 92) Area Improvements and Multimodal Project. This project is being completed in partnership with the California Department of Transportation (Caltrans) and the City/County Association of Governments of San Mateo County (C/CAG).

The US 101/SR 92 Interchange, located in the heart of San Mateo County, is an essential connection to the San Francisco Airport, South San Francisco biotech industries, the Silicon Valley, as well as major East Bay destinations. Under normal conditions, over 345,000 vehicles travel through this interchange each day, which is consistently identified as the worst interchange in the County in terms of congestion and extended delays.

Throughout the Bay Area, we are seeing a return to pre-pandemic levels of traffic, where heavy traffic volumes and inadequate capacity at this interchange can cause traffic to slow to as little as seven miles per hour during both the morning and afternoon peak periods. These delays often result in miles of traffic in multiple directions as well as significant congestion on our local streets.

This critical state assistance will help fund construction activities related to the realignment of the US 101/SR 92 Interchange, implementation of fully separated all ages and abilities bicycle facilities and pedestrian access improvements in the area, as well as construction of the first major transit mobility hub in the County. The project will ease congestion by improving traffic flow, reduce hazardous vehicle weaving incidents, improve safety conditions and local connections to and from the highway. The proposed bicycle facilities, pedestrian improvements, and new transit mobility hub aim to support a shift to healthier, active transportation options and improve local access for all modes of transportation. The expected increase in the use of sustainable modes of travel, namely walking; cycling and use of transit, also help reduce GHG emissions and improve overall quality of life.

CITY OF SAN MATEO

OFFICE OF THE COUNCIL MEMBER

330 W. 20th Avenue
San Mateo, CA 94403-1338
www.cityofsanmateo.org
(650) 522-7040

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As we all work together to improve highway safety, move more people in fewer vehicles, help reduce carbon emissions and ease congestion, we understand the long-term benefits this regionally significant project could bring San Mateo County and the entire Bay Area. We hope you will prioritize it for SB 1 funding.

Thank you for your time and consideration.

Sincerely,
Rick Bonilla
Mayor
City of San Mateo, California

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 10-5131 File ID: 22-6706 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: October 17, 2022
SUBJECT:

San Mateo County Gun Relinquishment Task Force Program – Memoranda of Understanding RECOMMENDATION:

Approve two Memoranda of Understanding with the County of San Mateo to define the purpose, goals and mission of the Gun Relinquishment Task Force, and to assign a Police Officer for a two-year term; adopt a Resolution to amend the 2022- 23 budget to approve the addition of one Full Time Equivalent Police Officer for a two-year term and to; and authorize the Chief of Police to execute the agreements in substantially the form presented.

BACKGROUND:

The San Mateo County District Attorney’s (DA) Office recently formed a Gun Relinquishment Task Force (GRTF) whose intended purpose is to coordinate and share resources among law enforcement agencies to more effectively enforce unlawful firearm possession laws, promote safety and reduce gun violence. As a unit within the DA’s Office, the GRTF will be comprised of DA staff as well as officers from law enforcement agencies throughout the County.

The San Mateo Police Department has received a request from the County to assign a police officer to the GRTF to support its efforts related to enforcing state and local firearm laws, firearms relinquishment, detection of armed prohibited persons, and to improve coordination among the local law enforcement agencies within the County. Assignment of an officer to the GRTF will enable the Police Department and the County to work collaboratively to better abate gun violence.

There are two Memoranda of Understanding (MOU) for the GRTF. The first describes the purpose, goals and mission of the Task Force, as well as outlines operational responsibilities (Attachment 2). There is an additional MOU that formalizes the terms of the proposed assignment of a Police Officer to the GRTF for a two-year term, and outlines cost sharing and reimbursement parameters (Attachment 3). The City will receive full reimbursement of all costs including salary, benefits and overtime for the officer assigned to the GRTF. The term of the agreement is for a period of two years.

The assignment of an officer to the GRTF will create a vacancy in the complement of police officers assigned to the Field Operations Patrol Division. Authorization for an additional one FTE Police Officer position is requested for a two-year period to ensure there is no loss of service to the community. The addition of this position will have a net-zero budget impact as the cost will be fully offset by reimbursement revenues received from the County. The requested action also includes amending the adopted 2022-23 budget in the amount of $167,000 to reflect positional costs that will be incurred during the remainder of the current fiscal year. These costs will be fully offset by reimbursement received from the County, and the future costs will be incorporated in the 2023-24 budget.

BUDGET IMPACT:

The County will provide full reimbursement to cover the salary, benefits and overtime of the officer assigned to GRTF in fiscal year 2022-23. The requested action includes the addition of $167,000 to the Police Department’s authorized 2022-

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CITY OF SAN MATEO
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23 budget to accommodate the addition of 1.0 FTE Police Officer position for the remaining 8 months of the fiscal year.

This will be fully offset by reimbursement revenue, resulting in no net financial impact.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Memorandum of Understanding – Purposes and Mission Att 3 – Memorandum of Understanding – Providing Personnel

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
AUTHORIZING THE ADDITION OF 1.00 FULL TIME EQUIVALENT (FTE) POLICE OFFICER AND AMENDING THE FISCAL YEAR 2022-23 BUDGET
WHEREAS, the Police Department desires to assign a Police Officer to the San Mateo County Gun Relinquishment Task Force (GRTF) for a period of two years commencing October 30, 2022; and WHEREAS, the County of San Mateo will reimburse the City for all costs of the officer assigned to the GRTF including salary, benefits and overtime; and
WHEREAS, the assignment of an officer to the GRTF creates a vacancy in the complement of officers in the Patrol Division; and
WHEREAS, staff recommends authorization of an additional 1.00 FTE Police Officer position for a two year period to ensure no loss of service to the community, with no net financial impact as costs will be offset by reimbursement revenues received from the County; and
WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City’s budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The addition of 1.00 FTE Police Officer position is authorized for a two year period.

2. A budget appropriation for fiscal year 2022-23 is approved in the amount of $167,000 for the Police Department.

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[CCO-626800]

MEMORANDUM OF UNDERSTANDING AND AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND CITY OF SAN MATEO FOR THE PURPOSES OF CARRYING OUT THE GOALS

AND MISSION OF THE GUN RELINQUISHMENT TASK FORCE
This Memorandum of Understanding and Agreement (“MOU”) outlines the agreed upon responsibilities of the County of San Mateo (“County”) and CITY OF SAN MATEO POLICE DEPARTMENT (“ Venue Agency” and, together with the County, the “Parties”) for carrying out the goals and initiatives of the San Mateo County Gun Relinquishment Task Force (“GRTF”).

WHEREAS, the GRTF is a unit within the San Mateo County District Attorney’s Office, led by the District Attorney Chief Inspector or Senior Inspector (“DA Inspector”) composed of law enforcement officers from the County and its cities and towns; and
WHEREAS, the purpose of the GRTF is to coordinate and share resources among the law enforcement agencies in the County to more effectively enforce unlawful firearm possession laws, in the interest of promoting safety and reducing gun violence in the County; and
WHEREAS, the Parties have a collective goal of enabling the GRTF to carry out its County-wide efforts, and from time this may require the Parties to cooperate for operational, promotional, and advocacy purposes.

Therefore, the Parties agree as follows:

Responsibilities of County:
• Receive Court Orders from The Superior Court of California, County of San Mateo, the San Mateo County Sheriff’s Office and other sources as appropriate.
• Run reports through the California Law Enforcement Website (CLEW) Armed and Prohibited Persons System (APPS) and Firearms Dealer Acquisition System (FDAS)
• Identify and confirm prohibited person(s) and firearms through research utilizing law enforcement and publicly available databases.
• Deconflict with the California Department of Justice and other law enforcement agencies. • Coordinate with the venue law enforcement agency having primary jurisdiction over the prohibited person’s residence or location (“Venue Agency”).
• Obtain any legal process necessary to conduct the seizure, e.g., warrants. • Coordinate with Venue Agency to effectuate seizures.
• Coordinate with the Venue Agency regarding storage of seized firearms. • Write reports related to firearm seizures and/or attempts to seize firearms for criminal filing and informational purposes.
• Return and file all necessary search and/or arrest warrants to The Superior Court of California, County of San Mateo.
• Provide training to Venue Agency related to gun confiscation. • Track statistics related to referrals, seizure attempts, firearms confiscated, and arrests related to firearm seizures.

Responsibilities of Venue Agency:
• Coordinate with the GRTF members when contacted about prohibited person(s) within the venue jurisdiction.

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2 • Responsible for the overall planning and coordination of personnel related to any firearm seizure attempt in the venue jurisdiction. The Venue Agency will ultimately decide if and when seizure attempts will occur and supply the number of officers necessary to safely effectuate the seizure. • Responsible for the collection and evidence storage of all seized firearms. • Responsible for firearm entries into California Law Enforcement Telecommunications System (CLETS), Automated Firearm System (AFS), and any other related databases or systems. • Responsible for report writing and case submissions for criminal charges unrelated to firearm violations and seizures (e.g., narcotics located during the firearm seizure process)

Term of MOU: The term of this MOU shall be for two years, from October 30, 2022, to October 29, 2024, but may be terminated by either party without a requirement of good cause on 30 days written notice.

Hold Harmless:

Venue Agency shall defend, hold harmless and indemnify both (1) the County of San Mateo and its officers, agents, and/or employees and (2) any other City and its officers, agents, and/or employees that executes an agreement in substantially the same form as set forth herein that mutually indemnifies Venue Agency in the same manner as set forth in this paragraph; from any and all claims for injuries to persons and/or damage to property, which both arise out of this Agreement and are caused by or are alleged to be caused by the acts or omissions of Venue Agency, its officers, agents and/or employees including, but not limited to claims alleging negligence, excessive force, or violations of state or federal civil rights laws, except to the extent such claims arise out of acts performed by the County, its officers, agents and/or employees or another cities’ officers, agents and/or employees.

County shall defend, hold harmless and indemnify Venue Agency, its officers, agents and/or employees from any and all claims for injuries to persons and/or damage to property, which both arise out of this Agreement and are caused by or are alleged to be caused by the acts or omissions of County, its officers, agents and/or employees including, but not limited to claims alleging negligence, excessive force, or violations of state or federal civil rights laws, except to the extent such claims arise out of acts performed by the Venue Agency, its officers, agents and/or employees or another cities’ officers, agents and/or employees.

In the event of the concurrent negligence of Venue Agency, its officers, agents and/or employees, and the County or another City providing mutual indemnity pursuant to paragraph 1 of this section, their officers, agents and/or employees, then the liability for any and all claims for injuries or damages which arise out of this Agreement shall be apportioned under California’s theory of comparative fault as presently established or as may be hereafter modified.

Venue Agency will be responsible for the defense of any of its employees in any lawsuit filed against that employee, regardless of the allegations.

The parties understand and agree that because all officer/employees performing work pursuant to this MOU will be deemed to be continuing under the employment of the Venue Agency, any damage, injury, disability, or death incurred by the officer/employee while working with the GRTF shall be deemed to have arisen out of and to have been sustained in the course of the officer/employee’s employment with Venue Agency. Any officer/employee who sustains any damage or injury arising out of and in the course of their work with the GRTF shall be accorded by Venue Agency all of the same benefits, including Workers Compensation Benefits, which they would have received if they had been acting under the sole direction of Venue Agency. If the officer/employee, or anyone on the officer/employee’s behalf or based on officer/employee’s injury, files a claim for Workers’ Compensation or claims tort violation of any labor or

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3 employment laws against the County or claim for any other wrongful act or omission, for any damage or injury claimed to have been sustained in relation to the officer/employee’s work with the GRTF, Venue Agency shall indemnify, defend, and hold the County, its officers, agents and employees harmless.

Relationship between the Parties: Venue Agency agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of the County and that neither Venue Agency nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.

Compliance with Laws: In performance of this MOU, both Parties shall observe and comply with all federal, state, and local laws, ordinances, and regulations.

Agreement of parties:

County of San Mateo Venue Agency

_____________________________________ ________________________________ Name: Steve Wagstaffe Name: Ed Barberini
Title: District Attorney Title: Chief of Police
Date: ______________________________ Date: ___________________________

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AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF SAN MATEO FOR THE

PURPOSE OF PROVIDING PERSONNEL SUPPORT TO THE SAN MATEO COUNTY GUN

RELINQUISHMENT TASK FORCE

THIS AGREEMENT, is hereby entered into this _____ day of _________, 2022, by and between the COUNTY OF SAN MATEO (“County”) and the CITY OF SAN MATEO, which desires to be a Local Law Enforcement Agency Partner (“Partner”) (together “Parties”):

W I T N E S S E T H:

WHEREAS, the San Mateo County Gun Relinquishment Task Force (“GRTF”) is a unit, within the San Mateo County District Attorney’s Office, led by the District Attorney Chief Inspector or Senior Inspector (“DA Inspector”) comprised of law enforcement officers from the County and its cities and towns; and WHEREAS, the purpose of the GRTF is to coordinate and share resources among the law enforcement agencies in the County to more effectively enforce unlawful firearm possession laws, in the interest of promoting safety and reducing gun violence in the County; and WHEREAS, either Partner has assigned, or it may become necessary and desirable that Partner assign one or more peace officers (“Officer(s)”) to the GRTF to staff the GRTF and support its efforts related to enforcing state and local firearm laws, firearms relinquishment, detection of armed prohibited persons, and to improve coordination among the various local law enforcement agencies within the County; WHEREAS, the Parties believe it fair for the County to reimburse Partner for the cost of Officers assigned to the GRTF in a manner that reflects the contribution of the Officer to the GRTF’s County-wide efforts, while, notwithstanding assignment to the GRTF, the Officer remains an employee solely of the Partner.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

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1. ATTACHMENTS
The following attachment is attached hereto and incorporated into this Agreement by this reference:

Attachment I—§ 504 Compliance
Exhibit A-Services
Exhibit B-Payments

2. SERVICES TO BE PERFORMED BY PARTNER
Partner has assigned or will, upon request, assign, an Officer(s) to the GRTF on a full-time basis in consideration for the payments and other terms and conditions set forth below and in Exhibits A and B.

If the Officer assigned to the GRTF ends the Officer’s employment with Partner, or for any other reason can no longer be assigned the GRTF during the term of this Agreement, Partner shall assign another officer to the GRTF as soon as possible.

3. PAYMENTS
In consideration of the services provided by Partner in accordance with all terms, conditions, and specifications set forth herein and Exhibit A and in the manner described in Exhibit B, the County shall reimburse Partner for all costs of the Officer on annual basis, prorated based on the length of time the Officer is actually assigned to the GRTF, including the cost of the Officer’s salary, benefits, overtime, reimbursements, and other necessary costs associated with Partner’s performance under this Agreement, but excluding any worker’s compensation payments. In no event shall County’s total fiscal obligation under this Agreement exceed $700,000 ($350,000 annually).

4. TERM AND TERMINATION

4.1 Subject to compliance with all terms and conditions, this agreement will commence on October 30, 2022 and remain in effect for two years, through October 29, 2024, and shall govern any assignment of an Officer to GRTF.

4.2 This Agreement may be terminated by either party at any time without a requirement of good cause upon thirty (30) days’ written notice to the other party.

4.3 In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Partner under this Agreement shall become the property of the County and shall be promptly delivered to the County. Upon termination, Partner may make and retain a copy of such materials.

5. RELATIONSHIP OF PARTIES

5.1 Partner agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of the County and that neither Partner nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.

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5.2 Officer(s) assigned to GRTF shall take direction from the GRTF Chief Inspector but, as an employee of Partner, Officer(s) must comply with the rules and regulations set forth by Partner. Further, ultimate responsibility for supervision, training, and discipline of any Officer assigned to the GRTF remains with Partner. In the event of a conflict between the direction from the GRTF Chief Inspector and the rules and regulations of Partner, Officer will notify the Chief Inspector of the conflict and follow the rules and regulations of Partner.

5.3 If either Party learns of a personnel complaint against an Officer assigned to GRTF during the term of this Agreement, that Party shall immediately notify the other Party. Personnel complaints against the Officer will be investigated by Partner pursuant to Partner policies.

5.4 Any officer-involved shootings involving the Officer assigned to the GRTF and while performing work under this agreement shall be investigated by Partner consistent (to the extent feasible) with the SMCPCSA OIS Protocol.

5.5 Any on-duty vehicle collision involving the Officer assigned to the GRTF shall be investigated and reported by Partner pursuant to Partner policies.

5.6 If discovery or disclosure of peace officer personnel records, or records maintained pursuant to Penal Code Section 832.5, or information from such records is sought concerning any officer assigned to the GRTF, Partner shall be responsible for responding to the discovery or disclosure request. The GRTF shall provide to Partner any of its records necessary to respond to the discovery or disclosure request to the extent permitted by law.

5.7 Partner will furnish standard equipment available to its other employees to the Officer assigned to the GRTF as needed, including, but not limited to, safety equipment. County will supply the assigned officer a vehicle, cellular phone, and laptop computer.

5.8 All money received through state asset forfeiture or federal equitable sharing will remain with the County to supplement GRTF operating costs and upgrades.

6. HOLD HARMLESS

6.1. Partner shall defend, hold harmless and indemnify both (1) the County of San Mateo, and its officers, agents, and/or employees and (2) any other City (and its officers, agents, and/or employees) that executes an agreement assigning an officer to the GTRF and mutually indemnifies Partner in the same manner as set forth this paragraph; from any and all claims for injuries to persons and/or damage to property, which both arise out of this Agreement and are caused by or are alleged to be caused by the acts or omissions of Partner, its officers (including any Officer assigned to the GRTF), agents and/or employees including, but not limited to, claims alleging negligence, excessive force, or violations of state or federal civil rights laws, except to the extent such claims arise out of acts performed by the County, its officers, agents and/or employees.

6.2. County shall defend, hold harmless and indemnify Partner, its officers, agents and/or employees from any and all claims for injuries to persons and/or damage to property, which both arise out of this Agreement and are caused by or are alleged to be caused by the acts or

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omissions of County, its officers, agents and/or employees including, but not limited to, claims alleging negligence, excessive force, or violations of state or federal civil rights laws, except to the extent such claims arise out of acts performed by the Partner, its officers, agents and/or employees, including any Officers assigned to GRTF.

6.3. In the event of the concurrent negligence of Partner, its officers, agents and/or employees, and the County, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages which arise out of this Agreement shall be apportioned under California’s theory of comparative fault as presently established or as may be hereafter modified.

6.4 Partner will be responsible for the defense of any of its employees assigned to the GRTF in any lawsuit filed against that employee, regardless of the allegations.

6.5 The parties understand and agree that because the Officer assigned by Partner will be deemed to be continuing under the employment of the Partner, any damage, injury, disability, or death incurred by the Officer while working with the GRTF shall be deemed to have arisen out of, and to have been sustained in the course of, the Officer’s employment with Partner.

Any Officer assigned to the GRTF who sustains any damage or injury arising out of and in the course of the Officer’s work with the GRTF shall be accorded by Partner all of the same benefits, including Workers Compensation Benefits, which the Officer would have received if the Officer had been acting under the immediate direction of Partner. If the Officer, or anyone on the Officer’s behalf, based on Officer’s injury, files against the County a claim for Workers’ Compensation or files a claim against the County based on an alleged tort violation of any labor or employment laws or a claim for any other wrongful act or omission, for any damage or injury claimed to have been sustained in relation to the Officer’s work with the GRTF, Partner shall indemnify, defend, and hold harmless the County, its officers, agents and employees.

7. ASSIGNABILITY, SUBCONTRACTING AND ASSIGNMENT OF OFFICER

7.1 Partner shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by Partner under this Agreement without the prior written consent of the County. Any such assignment or subcontract without the County’s prior written consent shall give the County the right to automatically and immediately terminate this Agreement.

7.2 Partner has assigned or will, upon request, assign an Officer or Sergeant to the GRTF. Before Partner re-assigns that Officer and assigns a different officer to the GRTF, Partner shall meet and confer in good faith with the County to discuss the re-assignment and receive input from the County and the District Attorney Chief Inspector or District Attorney. Re-assignment inconsistent with the wishes of the County is grounds for immediate termination of this Agreement. However, the final decision regarding assignment of its personnel remains with Partner.

8. INSURANCE

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Partner shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by the County’s Risk Management, and Partner shall use diligence to obtain such insurance and to obtain such approval. Partner shall furnish the County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Partner’s coverage to include the contractual liability assumed by Partner pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to the County of any pending change in the limits of liability or of any cancellation or modification of the policy. These requirements may be satisfied by a certificate of self-insurance. (1) Workers’ Compensation and Employer’s Liability Insurance. Partner shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Partner certifies, as required by Section 1861 of the California Labor Code, (a) that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) that it will comply with such provisions before commencing the performance of work under this Agreement.
(2) Liability Insurance. Partner shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Partner and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Partner’s operations under this Agreement, whether such operations be by Partner, any subcontractor, anyone directly or indirectly employed by either of them, or by an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amount specified below.

Such insurance shall include:
(a) Comprehensive General Liability . . . . . . . . . . . . . . $1,000,000 (b) Motor Vehicle Liability Insurance . . . . . . . . . . . . . .$1,000,000 The County and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to the County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

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

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9. COMPLIANCE WITH LAWS
All services to be performed by Partner pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement. Partner will timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. NON-DISCRIMINATION AND OTHER REQUIREMENTS

10.1 General non-discrimination. No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.

10.2 Equal employment opportunity. Partner shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement.

Partner’s equal employment policies shall be made available to County upon request.

10.3 Section 504 of the Rehabilitation Act of 1973. Partner shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement. This Section applies only to Partners who are providing services to members of the public under this Agreement.

10.4 Discrimination against Individuals with Disabilities. The Partner shall comply fully with the nondiscrimination requirements of 41 C.F.R. 60-741.5(a), which is incorporated herein as if fully set forth.

11. RETENTION OF RECORDS, RIGHT TO MONITOR AND AUDIT

11.1 Partner shall maintain all required records for three (3) years after the County makes final payment and all other pending matters are closed, and Partner shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California.

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11.2 Reporting and Record Keeping: Partner shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State, and local agencies, and as required by the County.

11.3 Partner agrees upon reasonable notice to provide to the County, to any Federal or State department having monitoring or review authority, to the County’s authorized representatives, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.

12. MERGER CLAUSE & AMENDMENTS
This Agreement, including the Attachments attached to this Agreement and incorporated herein by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

13. CONTROLLING LAW AND VENUE
The validity of this Agreement and of its terms or provisions, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law rules.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

14. NOTICES
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of GRTF, to:

Bill Massey, Chief Inspector
San Mateo County
District Attorney’s Office

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400 County Center Redwood City, CA
94063 Telephone: 650-363-4883
Email: [email protected]

In the case of Partner, to
Ed Barberini, Chief of Police
City of San Mateo
200 Franklin Parkway
San Mateo, CA 94403
Telephone: (650) 522-7600
Email: [email protected]

The County agrees that the District Attorney’s Office will furnish to the Partner upon request any reports, summaries or other documents pertaining to the operation of the GRTF to the extent permitted by law.

15. ELECTRONIC SIGNATURE
If both County and Partner wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo, both boxes below must be checked. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

For County: ☐ If this box is checked by County, County consents to the use of electronic signatures in relation to this Agreement.

For Partner: ☐ If this box is checked by Partner, Partner consents to the use of electronic signatures in relation to this Agreement.

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IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO

________________________________
Name: Steve Wagstaffe
Title: District Attorney
Date:____________________________

PARTNER

________________________________
Name: Ed Barberini
Title: Chief of Police
Date:____________________________

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ATTACHMENT I
Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973, as Amended

The undersigned (hereinafter called "Contractor(s)") hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended, all requirements imposed by the applicable DHHS regulation, and all guidelines and interpretations issued pursuant thereto.

The Contractor(s) gives/give this assurance in consideration of for the purpose of obtaining contracts after the date of this assurance. The Contractor(s) recognizes/recognize and agrees/agree that contracts will be extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the Contractor(s), its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Contractor(s).

The Contractor(s): (Check a or b)

☐ a. Employs fewer than 15 persons.

☐ b. Employs 15 or more persons and, pursuant to section 84.7 (a) of the regulation (45 C.F.R.

84.7 (a), has designated the following person(s) to coordinate its efforts to comply with the DHHS regulation.

Name of 504 Person:

Name of Contractor(s):

Street Address or P.O. Box:

City, State, Zip Code:

I certify that the above information is complete and correct to the best of my knowledge

Signature:

Title of Authorized Official:

Date:

*Exception: DHHS regulations state that: "If a recipient with fewer than 15 employees finds that, after consultation with a disabled person seeking its services, there is no method of complying with (the facility accessibility regulations) other than making a significant alteration in its existing facilities, the re cipient may, as an alternative, refer the handicapped person to other providers of those services that are accessible."

Exhibit A

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The San Mateo County Gun Relinquishment Task Force (“GRTF”) is a unit, within the San Mateo County District Attorney’s Office, led by the District Attorney Chief Inspector or Senior Inspector. The purpose of the GRTF is to coordinate and share resources among the law enforcement agencies in the County to enforce unlawful firearm possession laws, in the interest of promoting safety and reducing gun violence throughout the County.
[CITY OF SAN MATEO POLICE DEPARTMENT] (“Partner”) is a law enforcement agency.

In consideration of the payments set forth in Exhibit B, Partner shall assign one or more of its peace officers (collectively, “Officers”) to the GRTF for the entire term of this Agreement.

The County anticipates that Officers assigned to GRTF will perform the following and similar tasks, under the direction of the District Attorney’s Office:
• Identify what firearms need to be seized, including from "prohibited persons," by conducting document and other information searches.
• Obtain any legal process necessary to conduct the seizure, e.g., warrants. • Coordinate with local law enforcement agencies to effectuate seizures. • Coordinate with the local law enforcement agency regarding storage of seized firearms. • Provide training to local law enforcement agencies related to gun confiscation. • Initially, work with the DA's Office to identify additional responsibilities and the scope of the GRTF.

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Exhibit B
In consideration of the services provided by Partner described in Exhibit A and subject to the terms of the agreement, the County shall pay Partner based on the following fee schedule and terms:

County shall pay upfront the annual cost of Partner’s assigned employee/Officer within 60 days receiving an invoice with a breakdown establishing that cost in a form reasonably deemed acceptable by the County. In the event of termination or any other event that results in Partner not provide a full year’s worth of employee’s time, Partner will refund to County amounts on a pro rata basis for any period, during which work was not performed.

Partner shall produce monthly invoices to County reflecting any overtime worked by employee on a form deemed acceptable by County. Any overtime must be pre-approved by Partner and pre-authorized by County before it is worked.

The total amount to be paid under this agreement shall not exceed $700,000 ($350,000 annually).

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 14-5122 File ID: 22-6707 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: October 17, 2022
SUBJECT:

Citywide Parking Enforcement Services – Amendment
RECOMMENDATION:

Approve Amendment No. 1 to the agreement with LAZ Parking California LLC for citywide parking enforcement services in the amount of $2,773,216 for a new agreement total of an amount not to exceed $4,807,220; adopt a Resolution to appropriate $50,000 to the Police Department’s 2022-23 Operating Budget; and authorize the Chief of Police to execute the amendment in substantially the form presented.

BACKGROUND:

In January 2019, the City Council conducted a study session to discuss parking enforcement needs. Staff provided a history of the challenges associated with staffing this function and proposed improvements to the level of enforcement service provided at the time. City Council directed staff to pursue a hybrid staffing approach utilizing a mix of City and contracted enforcement staff to enhance service delivery, frequency of enforcement, and overall availability of parking.

City Council approved a three-year agreement with Serco Inc. (Serco) on November 18, 2019. Serco's enforcement activities in the City commenced in February 2020, with a scope of work including issuing parking citations for observed violations in the downtown commercial district, Residential Parking Permit Program (RPPP) zones, and for street sweeping violations; completing data entry and uploading citation data for processing; monitoring equipment and signage and reporting any damage; and performing other duties as needed such as traffic control and operational support at special events.

In 2021 Serco divested itself from its parking enforcement division, and the contract was subsequently assumed by LAZ Parking California, LLC (LAZ Parking) who agreed to the existing contract terms, rates, and scope of work already in place with Serco. This change was approved by the City Council in March of 2021, and LAZ Parking has provided parking enforcement services since that time.

In the last year, LAZ Parking reported to staff that they were experiencing challenges with competitively recruiting and retaining Parking Enforcement Officers (PEOs) per the provisions of the established contract. In July 2022, after an assessment of the market and industry competitors, LAZ Parking took the initiative to implement a 10% PEO hourly wage increase in an effort to maintain a fully-staffed enforcement team. They did so without requesting additional funding from the City to finance this increase. Since July, the hourly wage increase has had the desired impact, allowing LAZ Parking to maintain full staffing and ensure optimal service levels for the community.

The service levels provided by LAZ Parking have met City expectations, and the Police Department wishes to continue to partner with LAZ for parking enforcement services. Amendment No. 1 to the contract would extend the term for two additional years as well as sustain the increase wages paid for parking enforcement officers, to allow for better ability to

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recruit and retain PEOs and ultimately provide better service.

BUDGET IMPACT:

Parking enforcement activities are funded by the General Fund. Costs for contracted enforcement services are included in the adopted 2022-23 budget; however, approval of Amendment No. 1 will result in costs of approximately $50,000 in excess of what was budgeted in the current fiscal year. Council approval is requested to appropriate $50,000 to the parking enforcement budget program of the Police Department’s 2022-23 operating budget to cover the increased cost of contracted services. Future contractual costs will be incorporated into the next budget.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Amendment No. 1

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Lethin, Captain
[email protected]
(650) 522-7663

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROVING ADDITIONAL APPROPRIATION TO THE POLICE DEPARTMENT IN THE 2022-23 BUDGET WHEREAS, the Police Department wishes to amend the agreement with LAZ Parking for Citywide parking enforcement services to extend the term and increase wages paid for parking enforcement officers; and WHEREAS, approval of Amendment No. 1 to the agreement will result in costs in excess of what was budgeted and an amendment to the Police Department’s 2022-23 budget will be necessary to fund this expense; and
WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City’s budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. A supplemental budget appropriation for fiscal year 2022-23 is approved in the amount of $50,000 for the Police Department.

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Contract Amendment Page 1 of 3
Rev 7/21
AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

LAZ PARKING CALIFORNIA LLC

FOR CONTRACT PARKING ENFORCEMENT SERVICES FOR

CITYWIDE PARKING ENFORCEMENT
(Original Amount $2,034,004; New Amount Not to Exceed $4,807,220)

WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and LAZ Parking California LLC, a Connecticut Limited Liability Company (“CONTRACTOR”), entered into an Agreement for Contracted Parking Enforcement Services for Citywide Parking Enforcement (“Agreement”) on May 5, 2021; and

WHEREAS, City and CONTRACTOR wish to amend the Agreement effective December 1, 2022 to increase compensation and extend the term of this Agreement.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 of the Agreement is amended to read:

Term: The services to be performed under this agreement shall commence on May 5, 2021 and will remain in effect for a period ending November 30, 2024, with the option to extend for two (2) additional one (1) year terms. City will exercise each option via a modification signed by both parties. At the conclusion of the term, any equipment purchased in connection with this Agreement shall be the property of the City.

2. Section 5 of the Agreement is amended to read:

Payment: Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, City agrees to pay CONTRACTOR a fee pursuant to the rates stated in Exhibit B1, attached and incorporated by reference. The payment terms are due 30 days from receipt of a monthly invoice summarizing hours worked and other direct costs (ODCs) provided by Contractor.

3. The remaining terms of the Agreement remain in full force and effect.

[SIGNATURE PAGE FOLLOWS]

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Contract Amendment Page 2 of 3
Rev 7/21
IN WITNESS WHEREOF, CITY OF SAN MATEO and LAZ PARKING CALIFORNIA LLC have executed this Agreement the day and year as indicated below.

CITY OF SAN MATEO

CONTRACTOR

Ed Barberini
Chief of Police

Date Jeffrey Karp
Its Authorized Agent
President and Founder

Date

APPROVED AS TO FORM

Bahar Abdollahi
Assistant City Attorney
Date

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Contract Amendment Page 3 of 3
Rev 7/21
EXHIBIT B1

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POST-PACKET PUBLIC COMMENTS

THE FOLLOWING PUBLIC COMMENTS WERE SUBMITTED

AFTER THE RELEASE OF THE AGENDA PACKET AND
PUBLISHED AT 4PM ON THE DAY OF THE COUNCIL

MEETING

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 22-6708 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: October 17, 2022
SUBJECT:

Police Officer Lateral Hiring Recruitment Incentive Program – Extension RECOMMENDATION:

Adopt a Resolution to authorize the extension of the Police Officer Lateral Hiring Recruitment Incentive Program to offer a $30,000 recruitment incentive to up to five (5) highly qualified and experienced lateral police officers, in a cumulative amount not to exceed $150,000.

BACKGROUND:

Attracting new and qualified applicants remains an ongoing challenge for law enforcement. The City of San Mateo currently offers a Lateral Hiring Recruitment Incentive Program that affords highly-qualified lateral police officer applicants the opportunity to receive up to a $30,000 hiring bonus. The incentive was first approved by the City Council in 2017 for a total of five police officers and was subsequently re-authorized in 2019 for five additional officers. The Police Department has been successful in leveraging this program to attract lateral applicants and is very selective in determining which applicants are eligible for the incentive. Since 2019, the program has been made available to just four highly-qualified lateral officers. Staff requests authorization to extend the current program to offer the incentive to five additional lateral officers.

To qualify to receive this incentive, the lateral applicant must meet the following criteria: be an active police officer; possess a Basic Certificate from the California Commission on Peace Officer Standards and Training (POST); and have at least three years of California law enforcement experience related to patrol services. Payment of the incentive is made in increments based on meeting milestones (Table 1) structured in a manner intended to increase the probability that the officer will stay with SMPD for at least three years.

Table 1
Payment Timeline
$10,000 8-10 Weeks Completion of FTO
$10,000 12 Months Completion of Probation
$10,000 36 months
Programs to entice lateral police officer applicants were once considered uncommon, but due to universal recruitment challenges have now become a standard in the law enforcement industry. To remain competitive and maintain the ability to attract qualified lateral applicants, staff requests authorization of an extension of the Police Officer Lateral Hiring Recruitment Incentive Program for an additional five police officer positions.

BUDGET IMPACT:

The cost of the lateral hiring bonus is offset by savings associated with reduced training time and reduced need to backfill positions using overtime. The cost can be accommodated within the Police Department’s budget appropriation with no

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additional impact to the General Fund.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

AUTHORIZING THE EXTENSION OF THE POLICE OFFICER

LATERAL HIRING RECRUITMENT INCENTIVE PROGRAM
FOR UP TO FIVE (5) LATERAL POLICE OFFICERS
WHEREAS, the City of San Mateo currently offers a Lateral Hiring Recruitment Incentive Program which was approved by the City Council and 2017 and 2019, providing highly qualified lateral police officer applicants the opportunity to receive up to a $30,000 hiring bonus; and WHEREAS, the Police Department wishes to extend the current program to offer the incentive to up to five (5) additional lateral police officers; and
WHEREAS, to qualify to receive the incentive, applicants must meet specific criteria such as: being an active police officer; possessing a Basic Certificate from the California Commission on Peace Officer Standards and Training (POST); and having at least three years of California law enforcement experience related to patrol services; and
WHEREAS, payment of the incentive is made in increments and based on milestones structured in a manner intended to increase the probability to retain the officer for at least three years; and WHEREAS, the cost of the hiring bonus is offset by savings from vacant positions and can be accommodated within the Police Department’s budget with no additional impact to the general fund; and WHEREAS, staff recommends continuing the current program to extend the hiring bonus to five (5) additional lateral police officer positions in order to remain competitive and maintain the ability to attract qualified lateral applicants.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The extension of the Police Officer Lateral Hiring Recruitment Incentive Program to offer a $30,000 recruitment incentive to up to five (5) highly qualified and experienced lateral police officers, in a cumulative amount not to exceed $150,000, is approved.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 36-3133 File ID: 22-6714 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: October 17, 2022
SUBJECT:

Permanent Local Housing Allocation – Grant Application
RECOMMENDATION:

Adopt a Resolution to re-apply to the State of California for Permanent Local Housing Allocation grant program and amend the 5-year funding plan.

BACKGROUND:

The purpose of the Permanent Local Housing Allocation (PLHA) grant program is to provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase housing affordability. This is a flexible funding source that can be used for a wide range of activities from increasing the housing supply to providing supportive services. The PLHA application requires the City to develop a 5-year plan to allocate spending. The City has received a total allocation of $873,303 in the first two years of funding, $341,894 in the first year (2019) and $531,409 in the second year (2020). The third-year allocation amount is $584,800 (2021).

Council directed staff to use PLHA funds for rapid rehousing during a special meeting study session on June 1, 2020. Rapid rehousing includes rent assistance for a period of approximately 6 to 12 months combined with supportive services to households who are homeless or at risk of homelessness. A rapid rehousing program was developed and the non-profit organization, LifeMoves, was selected to administer the program.

PLHA funds have also been used to address a second need. The new affordable housing development, Montara, includes 16 units for formerly homeless households. These targeted units include supportive services from the Veterans Affairs and the County in addition to rental assistance as part of the financing package provided by the County of San Mateo. In response to concerns raised at stakeholder meetings with neighboring properties, the City has worked with the developer, BRIDGE Housing, to expand its residence services at the property to make more services available as well as expanding onsite hours for all of the tenants. To achieve the expanded services, a full-time services coordinator rather than a half time position was created. This cost was not anticipated when the developer initially sought its funding commitments and resulted in a gap in the operating budget for the first four years of the project.

For the first year of PLHA activities, the grant amount of $341,894 was used to provide $280,353 in rapid rehousing assistance and $61,541 in tenant services at the Montara. However, for the second year, the City of San Mateo was awarded $531,409 and will be awarded $584,800 in the third year through the PLHA grant. With the increased amount of funding, staff has identified three additional housing affordability needs that can be served.

HIP Housing was a long-time recipient of the Community Development Block Grant (CDBG) funds through the City and has been a City partner in both providing affordable housing units and maintaining their home-sharing program, which matches tenants who are unable to afford the high rents in the City with home-owners who are willing to rent out spare

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rooms in their homes. The strict guidelines of the Department of Housing and Urban Development (HUD) forced HIP Housing to forgo participating in the City’s Community Funding program and left a gap in funding. In order to preserve the 147 low-income units on their affordable properties and return assistance to the home sharing program, staff recommended accepting the request of funding HIP Housing $105,000 through the PLHA program, which the Council approved on September 6, 2022.

Samaritan House operates the Safe Harbor emergency shelter, a facility which provides case management, site-based emergency and transitional housing support to the clients in their 105-bed facility. The City has provided consistent support to this program through local housing funds in the past in order to ensure they would not have to compete with other organizations in the limited CDBG Community Funding program. As a service that assists persons experiencing homelessness, funding this program in the amount of $15,000 would be compatible with the design of the PLHA program and would preserve flexible local housing funds that can be reserved for other long-term projects.

Similarly, LifeMoves operates a network of shelters across San Mateo County with each servicing clients of various needs.

At the First Step for Families shelter, housing, intensive case management and supportive services are provided to approximately 85 City of San Mateo residents each year. Staff recommends that the remainder of the PLHA budget in Year 2 be utilized to assist shelter operations for LifeMoves. As Year 3 is an even larger grant, there remains the possibility of entering into PLHA contracts with current CDBG Community Funding recipients who provide PLHA eligible services, such as Legal Aid of San Mateo County (eviction defense).

To utilize these funds for the causes, staff recommends that the Council approve amending the 5-Year PLHA plan to allow for the new expenditures in Year 2 of the grant funding, as well as adopting a resolution to re-apply for PLHA funding for Year 3 with the new contracts taken into account.

The five-year plan that is submitted to the State can be amended in the future if changes are desired.

BUDGET IMPACT:

Staff has set up a fund (referred to as Fund 36) for this grant. PLHA is a noncompetitive grant that will be allocated to the City over a course of 5 years. The grant amount for the second year (2020) is $531,409 while the grant amount for the third year (2021) is $584,800. These funds have not yet been received by the City, as they need to be requested through a release of funds after the approval of the 5-Year Plan amendment. Overall, the City can expect to receive $1,116,209 in new revenue in Fund 36 over the next two years. The exact dollar amount for the final two years will vary based upon the collection of the real estate recording fees, but the total estimated dollar amount the city will receive over 5 years is $2,051,364. The proposed budget for the second and third year of the PLHA grant is as follows:

PLHA Year 2 (2020) Budget Amount PLHA Year 3 (2021) Budget Amount Bridge (Montara) $61,541 Bridge (Montara) $61,541
LifeMoves (RRH) $280,353 LifeMoves (RRH) $280,353
HIP Housing $105,000
Samaritan House (SH) $15,000 Samaritan House (SH) $15,000 LifeMoves (Shelter) $42,945
Other Affordable Housing
Programs $198,666
Admin $26,570 Admin $29,240
Total $531,409 Total $584,800
ENVIRONMENTAL DETERMINATION:

This resolution is in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4), submitting an application for grant funding is not a project subject to CEQA to the extent that it is a funding activity that does not involve commitment to a particular project that will impact the environment. However, in accordance with Public Resources Code Section 21065, to the extent that the funds are committed to specific projects, the City’s commitment of

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those funds is not a project subject to CEQA because the funds will be used to subsidize operational expenses which will not impact the environment.

NOTICE PROVIDED
All meeting noticing requirements were met. Notifications were sent to the Housing NotifyMe list for the City Council meeting on October 17, 2022. A public notice was published to announce the availability of the draft plan on the city website. The draft was open to a 10-day comment period from October 7, 2022 to October 17, 2022

ATTACHMENTS
Att 1 - Proposed Resolution with PLHA 5-Year Plan Amendment Att 2 - 2022 PLHA Formula Streamlined Application – Returning Applicants

STAFF CONTACT
Nicky Vu, Housing Specialist
[email protected]
(650) 522-7229

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CITY OF SAN MATEO

RESOLUTION NO.___ (2022)

AUTHORIZING REAPPLICATION FOR AND ADOPTING A PLHA PLAN AMENDMENT FOR

THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM (PLHA)

A necessary quorum and majority of the councilmembers of the City of San Mateo (“City” or “Applicant”) hereby consents to, adopts, and ratifies the following resolution:

WHEREAS, the Department (defined below) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.) (Chapter 364, Statutes of 2017 (SB 2)); and

WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated August 17, 2022 under the Permanent Local Housing Allocation (PLHA) Program; and

WHEREAS, the City is an eligible Local government that has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and

WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; and

WHEREAS, in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4), submitting an application for grant funding is not a project subject to CEQA to the extent that it is a funding activity that does not involve commitment to a particular project that will impact the environment. However, in accordance with Public Resources Code Section 21065, to the extent that the funds are committed to specific projects, the City’s commitment of those funds is not a project subject to CEQA because the funds will be used to subsidize operational expenses which will not impact the environment; and

WHEREAS, the City has previously submitted to the Department an approved 5-Year PLHA Plan which was approved on October 5, 2020 and amended on December 20, 2021 based upon the Year 1 (2019) grant of $341,894 with a resolution approved on July 20, 2020; and

WHEREAS, the Department announced annual funding grants for Years 2 (2020) and 3 (2021) of the PLHA grant to the City of the substantially higher amounts of $531,409 and $584,800 respectively, which will require the City to further amend the 5-Year PLHA Plan to allocate the available funding to new contracts.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The City as the Applicant hereby approves this resolution, which amends Resolution No. 70_ approved July 20, 2020, authorizes the reapplication for PLHA grant funds for Year 3 of funding, and makes the following amendments to the 5-Year Plan:

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a. Revise the funding distribution between Activity 1 and Activity 6 for Year 2 (2020) from 20% and 80% to 25% and 70%, respectively.
b. Revise the funding distribution between Activity 1 and Activity 6 for Year 3 (2021) and Year 4 (2022) from 20% and 80% to 10% and 85%, respectively.
c. Revise the funding distribution for Year 5 (2023) from 100% in Activity 6 to 95% in Activity 6. d. Revise the PLHA 5-Year Plan to include descriptions and implementation schedules of the new recipients of PLHA funding and to identify all Housing Element policies with which the new programs of the PLHA plan are consistent.
e. Revise the PLHA 5-Year Plan to allow the City to take the maximum allowed 5% of annual grant funding to cover administrative costs of managing the PLHA grant from Year 2 (2020) onwards, which was previously foregone in the initial submittal of the 5-Year Plan.

2. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

3. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $2,051,364 in accordance with all applicable rules and laws.

4. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

5. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution as Exhibit A, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

6. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

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10. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. The City Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

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PLHA Formula 5-year Plan - Amendment Rev. 5/7/21
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Eligible Activities, §301
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

Included?§301(a) Eligible activities are limited to the following:
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
Exhibit A

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§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

Under the Housing Element of the City of San Mateo, the strategies listed are techniques the city plans to use to addresss the following programs: H 1.7 Retention of Existing Lower-Income Units, H 2.3:

Public Funding of Low- and Moderate-Income Housing, 2.14: The Homeless, and H 2.16: Special Needs Groups. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate- income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of San Mateo plans to use PLHA funds for the following elligible activities: providing gap financing to an affordable housing project for client services of their units occupied by formerly homeless individuals, a rapid rehousing program in partnership with a local non-profit agency to assist individuals and families experiencing homelessness, an operations subsidy to a non-profit affordable housing provider to preserve affordable housing units, assistance to a homesharing program that helps low-income individuals find housing, and assistance to two emergency shelter providers. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The client services at the affordable housing project will be for clients who meet the 50% AMI income limit. The rental housing program will service individuals and families at risk of homelesssness who will have incomes that do not exceed more than 60% AMI. The operations subsidy to preserve affordable units will increase low-income units at all affordability levels, but primarily includes very low (50% AMI) units. The assistance to emergency shelters will primarily benifit people who have a complete lack of access to housing at the lowest of AMI levels.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) PLHA funds will be directed towards subsidizing a gap in operating expenses anticipated for 4 years for additional supportive services to 67 low income units of which 16 are occupied by formerly homeless veterans. In the 2nd year of the program, funds will also be used to preserve 147 low-income units through the provision of an operations subsidy to a non-profit provider.

Funding Allocation Year 2019 2020 2021 2022
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
415
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Affordable Rental
Housing Activity

20.0% 25.0% 10.0% 10.0%
§302(c)(4)(E)(ii) Area Median
Income Level Served 50% 50% 50% 50%

N/A N/A
TOTAL
1476
§302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for year 2019
& 2020 only
In July 2020 - developer BRIDGE Housing will execute resident services agreement with ABODE to provide increased resident services for Montara veteran tenants and start taking applications. In August 2020, BRIDGE will conduct elligibility review on applications for prospective tenants and begin selection process. In September to October 2020, residents will move into the property and services will commence. City will provide gap subsidy to BRIDGE in September 2020 - 2024. It is estimated that the project will be able to cover costs of increased services from Year 5+. In August 2022, HIP Housing requested assistance to cover operations costs in order to preserve their affordable units managed in their six properties throughout the City of San Mateo. City will provide operations subsidy in September 2022 to June 2023 for the preservation of 147 affordable units. 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(ii) Projected
Number of Households Served 67 214 67 67
743 733

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§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

PLHA funds will be provided to a non-profit organization to be used for rapid-rehousing and supportive services for at risk San Mateo citizens throughout all 5 years. In year 2, support will be provided to a homesharing program that matches prospective low-income tenants with available rooms in existing homes. From the 2nd year and onward, the remaining assistance will also be provided to two emergency shelters for people experiencing homelessness. From the third year and onward, other housing supportive services will also be assisted, such as eviction legal defense.Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity

80.00% 70.00% 85.00% 85.00% 95.00%
Funding Allocation Year 2019 2020 2021 2022 2023
Rapid
Rehousing
Rapid
Rehousing
Rapid
Rehousing
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.

TOTAL§302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
In December 2020, City will issue a request for proposal to select a non-profit organization to administer the rapid rehousing program. In March 2021, a provider was selected and a contract was executed in July 2021. The rapid rehousing program has commenced as an annual activity and will continue to run throughout the term of the 5 year PLHA program. In the second year, contracts will be awarded to organizations which provide supportive services that allow people to obtain housng and for operations costs of two emergency shelter. These contracts will be awarded in Fall 2022 and will terminate at the end of the fiscal year in June 2023. Similar contracts will run on an annual basis for years 3 - 5 of the PLHA program for organizations that serve other identified needs that are elligible for PLHA funding. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019
& 2020 only
743 733 N/A N/A N/A 1476
30% 30% 30%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
866
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)

N/A N/A N/A N/A N/A
§302(c)(4)(E)(ii) Projected
Number of Households Served 10 214 214 214 214
Rapid
Rehousing
Rapid
Rehousing
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

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Final Filing Date: October 31, 2022
at 4:00 P.M. PST
Permanent Local Housing Allocation
(PLHA) Formula Allocation
Application Form for Previous Awardees
State of California
Governor, Gavin Newsom
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: [email protected]

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2022 PLHA NOFA Formula Allocation Amount: $584,800 Allowable Local Admin (5%): $29,240.00 Which NOFA year(s) are you applying for with this application? 2021 & 2022 Did Applicant receive an award from the 2020 and/or 2021 Formula Allocation NOFA? Title: Housing Specialist
State: CA
Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation: San Mateo 2021 PLHA NOFA Formula Allocation Amount: Allowable Local Admin (5%): $26,570.00$531,409 Zip Code:

Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to another Local Government in its 2020 application, the Applicant (for which information is required below) continues to be the administering Local Government, which received the award. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.

Eligible Applicants §300
94403
Auth Rep Name:
[email protected]
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of San Mateo
Drew Corbett
City:

Yes
§302(c)(5) Applicant certifies that the Plan has not reallocated more than 10 percent of funds among Activities from the approved 5-year Plan included in the PLHA program Standard Agreement, Exhibit E. No
N/A
Yes
§302(c)(8) If a program income reuse plan was not submitted with the 2020 application, has Applicant attached a program income reuse plan describing how repaid loans and/or accrued interest will be reused for eligible activities specified in Section 301? File Name: Application and Plan Adoption
Local Government Formula Allocation Rev. 2/17/22
This streamlined application form is limited to Applicants who applied for and received an award from the 2020 and/or 2021 Formula Allocation NOFA.

Yes
If a reallocation of more than 10 percent of funds was made, Applicant has attached an amended Plan that has been discussed and approved at a publicly-noticed meeting of the governing body.

CA Zip: 94403 San MateoState:
§302(c)(2) Applicant certifies that submission of the application was authorized by the governing board of the Applicant.

Threshold Requirements
Title:
94403
§302(b) Applicant and Delegating Local Government have submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes CA
County:

Contact Email:

City Manager
330 W 20th St
650-522-7229
San Mateo
[email protected] Rep. Email: Phone:
§300(e) Applicant does not have uncommitted PLHA funds greater than permitted by Section 300(e). Yes §503(b) Applicant has submitted the PLHA Annual Report by July 31, 2021 (if applying before July 31, 2022), or has submitted the PLHA Annual Report due by July 31, 2022 (if applying on or after July 31, 2022). Yes
Date
Certifications
Drew Corbett
Authorized Representative Printed Name
City Manager
Title
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

Signature
File Name: Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Narrative uploaded
to HCD? N/A
Address:

Has applicant received their 2021 NOFA funds? No Based on the requirements in guideline section 300(e), how much has the applicant committed? $341,894
§302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Uploaded to HCD? Contact Phone:

San MateoCity:
330 W 20th St
Yes
Zip Code:
650-522-7000
State:
§302(a) Housing Element compliance: Applicant and Delegating Local Government's if applicable Housing Element was adopted by the Local Government’s governing body by the application submittal date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section San Mateo
Yes
Contact Name:

City:Address:
330 W 20th StAddress:

Nicky Vu
PLHA Page 1 Formula Allocation Application

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CITY OF SAN MATEO
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2 1

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: CONSENT CALENDAR Account Number: 10-2131 File ID: 22-6723 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Information Technology Department
MEETING DATE: October 17, 2022
SUBJECT:

Mapping Software – Enterprise License Agreement
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing method and an agreement with Environmental Systems Research Institute, Inc (ESRI) for purchase of software, cloud services, and support in the amount of $208,000, and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

BACKGROUND:

The City has used ESRI GIS products for more than a decade. Prior to 2016, the City purchased individual desktop and server products as needed to meet user demands. In 2016, the City’s GIS needs expanded to where an Enterprise License Agreement (ELA) became more cost effective than individual product licensing. Therefore, on November 7, 2016, the City Council approved a 3-year ELA with ESRI for software, cloud services, and support. On November 4, 2019, the ELA was renewed by Council for an additional 3-year license period.

ESRI GIS products now support mission-critical departmental applications such as Cartegraph for Public Works work orders, Energov for development permits issued by CDD, public and internal web map applications, and software used by individual users. An ELA for ESRI products provides the City with numerous benefits including:
•Uncapped quantities of desktop software and extensions in support of end users •Uncapped quantities of enterprise software and extensions in support of mission critical applications •Developer tools in support of custom applications and web maps used by staff and the public •Limited quantities of over a dozen specialized software products and extensions •Tier 1 help desk support, 4 ESRI User Conference registrations, and a 5% discount on training ESRI ELA pricing is based on City population. For populations of 100,001 to 125,000, yearly licensing is $82,500. However, since the City of San Mateo has only recently surpassed a population of 100,000, ESRI agreed to a negotiated yearly price of $55,500 in year one, $70,000 in year 2, and $82,500 in year three for a contract total of $208,000.

BUDGET IMPACT:

No additional funding is requested for this action. Sufficient funding exists within the Department of Information Technology’s software maintenance operational budget.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

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CITY OF SAN MATEO
3 7
2 1

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Quote and Enterprise License Agreement

STAFF CONTACT
Pete Owen, Director, Information Technology
[email protected]
(650) 522-7074

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7 3
5 7

CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING ALTERNATIVE PURCHASING PROCEDURE WITH ESRI INC., FOR THE PURCHASE OF A THREE-YEAR SMALL ENTERPRISE AGREEMENT (ELA) FOR SOFTWARE, CLOUD SERVICES and SUPPORT ($208,000.00)

WHEREAS, the City requires the use ESRI software, cloud services and support in order to maintain citywide mapping operations and to ensure mission critical applications for City departments function properly; and
WHEREAS, ESRI is the sole provider of the software, cloud services and support provided through a three-year small enterprise ELA; and
WHEREAS, in accordance with Municipal Code section 3.60.050(b) agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing or impossible and the City Council sets forth findings designating the reasons; and WHEREAS, City staff recommends approval of an agreement for software, cloud services and support provided through a three-year small enterprise ELA;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS and RESOLVES that:

1. This agreement is exempt from CEQA, because it can be seen with certainty that there is no possibility the purchase of software, cloud services and support may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

2. In accordance with Municipal Code section 3.60.050 (b) calling for bids would be impracticable because:
a) ESRI software is required to maintain citywide mapping operations and to ensure mission critical applications for City departments function properly; and b) ESRI is the sole provider of the required software, cloud services, and support provided through a three-year, small enterprise ELA

3. The agreement with ESRI, Inc., for the purchase of a three-year, small enterprise ELA in the amount of $208,000.00 is approved.

4. The Director of Information Technology is authorized to execute the agreement in substantially the form submitted, behalf of the City.

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Quotation # Q-480399

Date: September 15, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 406444 Contract #

City of San Mateo
IT Dept
330 W 20th Ave
San Mateo, CA 94403-1338

To expedite your order, please attach a copy of ATTENTION: Richard Pierce this quotation to your purchase order. PHONE: 650.522.7064 Quote is valid from: 9/15/2022 To: 12/14/2022 EMAIL: [email protected]

Material Qty Term Unit Price Total
168180 1 Year 1 $55,500.00 $55,500.00
Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement 168180 1 Year 2 $70,000.00 $70,000.00
Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement 168180 1 Year 3 $82,500.00 $82,500.00
Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement Subtotal: $208,000.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $208,000.00

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Sandi Hirth
Email:
[email protected]
Phone:
(916) 448-2412 x2058
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

HIRTHS This offer is limited to the terms and conditions incorporated and attached herein.

344 of 676

Quotation # Q-480399

Date: September 15, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 406444 Contract #

City of San Mateo
IT Dept
330 W 20th Ave
San Mateo, CA 94403-1338

To expedite your order, please attach a copy of ATTENTION: Richard Pierce this quotation to your purchase order. PHONE: 650.522.7064 Quote is valid from: 9/15/2022 To: 12/14/2022 EMAIL: [email protected]

_________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.

If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.

In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.

BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.

Please check one of the following:

___ I agree to pay any applicable sales tax.

___ I am tax exempt, please contact me if exempt information is not currently on file with Esri.

___________________________________________ ________________________ Signature of Authorized Representative Date

___________________________________________
Name (Please Print)

___________________________________________
Title

_________________________________________________________________________________________________________________________________

The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).

Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Sandi Hirth
Email:
[email protected]
Phone:
(916) 448-2412 x2058
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

HIRTHS This offer is limited to the terms and conditions incorporated and attached herein.

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Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-4)

This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products

Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer

Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager

Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension

Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
500 ArcGIS Online Viewers
500 ArcGIS Online Creators
62,500 ArcGIS Online Service Credits
500 ArcGIS Enterprise Creators
7 ArcGIS Insights in ArcGIS Enterprise
7 ArcGIS Insights in ArcGIS Online
100 ArcGIS Tracker for ArcGIS Enterprise
100 ArcGIS Tracker for ArcGIS Online
5 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 5 ArcGIS Utility Network User Type Extensions (Enterprise) 5 ArcGIS Trace Network User Type Extensions (Enterprise)

OTHER BENEFITS

Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee

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Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years

This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

(Customer)

By:

Authorized Signature

Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION

Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

347 of 676

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).

"Fee" means the fee set forth in the Quotation.

"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.

"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.

"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.

"Quotation" means the offer letter and quotation
provided separately to Customer.

"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.

"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).

"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.

"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

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owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE

The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.

a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.

b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

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supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY

This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment

a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.

b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.

c. Esri's federal ID number is 95-2775-732.

d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.

a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.

b. The following information will be included in
each Ordering Document:

(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

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9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

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CITY OF SAN MATEO
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2 2

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 17 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 22-6730 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: October 17, 2022
SUBJECT:

Outdoor Dining Guidelines – Amendments
RECOMMENDATION:

Adopt a Resolution to approve amendments to the Parklet Permit Program Guidelines and the Sidewalk and Pedestrian Mall Outdoor Dining Permit Program and authorize the City Manager to make further minor administrative amendments to these program guidelines.

BACKGROUND:

The City of San Mateo adopted a permanent Parklet Permit Program on June 21, 2021 and revised its existing sidewalk dining encroachment permit to include pedestrian mall dining on March 21, 2022. These two programs went into effect when the City’s Temporary Outdoor Dining Permit Program expired on May 1, 2022. City staff has been working with businesses to process their applications and issue permits under the program.

Through the permitting process, staff identified sections of the guidelines for both programs that need clarification. Many businesses are struggling to meet ADA compliance, so the language was clarified to better define the required ADA cross- slope. Additionally, the guidelines encourage applicants to consider the possibility of raising the parklet platform above the sidewalk to achieve ADA compliance where there is a steep crown in the street. This technique was used successfully at the Avenida parklet on 3rd Avenue.

Other key changes that were made were include:
•Eliminating references to the Temporary Outdoor Dining program which expired in May 2022. •Requiring a pre-submittal meeting for parklet applications to allow staff to walk through the proposed application with businesses to streamline review and more quickly identify revisions that may be needed. •Allowing sidewalk dining installations to submit pictures of their proposed furnishings instead of site plans to make the application process less onerous.
•Allowing the use of sail shades in parklets, provided that staff can complete additional review to ensure structural integrity.

As staff continues to process applications, we expect there will be other sections of the guidelines that need further clarification to make them more comprehensible to applicants. Staff requests that further minor administrative changes be approved by the City Manager. Any significant substantive changes would still be brought back to City Council for review and approval. Whether a change to the Guidelines is minor or significant will be determined by the City Manager. The updated guidelines for both programs are included as exhibits to the resolution included as Attachment 1 to this report.

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CITY OF SAN MATEO
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BUDGET IMPACT:

These amendments will have no impact on the City's General Fund.

ENVIRONMENTAL DETERMINATION:

These amendments to the program guidelines are categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Kathy Kleinbaum, Assistant City Manager
[email protected]
(650) 522-7153

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CITY OF SAN MATEO
RESOLUTION NO. (2022)

APPROVE AMENDMENTS TO THE PARKLET PERMIT PROGRAM GUIDELINES AND THE SIDEWALK AND

PEDESTRIAN MALL OUTDOOR DINING PERMIT PROGRAM AND AUTHORIZE THE CITY MANAGER TO MAKE

MINOR ADMINISTRATIVE AMENDMENTS TO THESE PROGRAM GUIDELINES

WHEREAS, the City of San Mateo adopted Parklet Permit Program Guidelines on June 21, 2021 to allow for outdoor dining in commercial districts in public parking spaces through a Parklet Encroachment Permit; and

WHEREAS, the City of San Mateo adopted a Sidewalk and Pedestrian Mall Outdoor Dining Permit Program on March 21, 2022 to expand the existing sidewalk dining permit to include outdoor dining installations on the City’s Pedestrian Malls on B Street; and

WHEREAS, the Parklet Permit Program Guidelines and the Sidewalk and Pedestrian Mall Outdoor Dining Permit Program are collectively referred to herein as “the Guidelines;” and

WHEREAS, the Guidelines have been amended to make clarifications to the requirements related to ADA access, the application process, and other minor clarifications; and

WHEREAS, further administrative updates may be needed to the Guidelines to ensure that they remain current; and

WHEREAS, City staff requests the authority to make minor administrative updates to the Guidelines with the approval of the City Manager; and

WHEREAS, any significant substantive changes to either or both of the Guidelines will require City Council review and approval.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. In accordance with California Environmental Quality Act (CEQA) Guidelines, the amendments of the Parklet Program Guidelines and the Sidewalk and Pedestrian Mall Outdoor Dining Program are categorically exempt from CEQA as an “existing facility,” because activity undertaken in accordance with the amendments will consist of a minor alteration to an existing City street (CEQA Guidelines Section 15301).

2. The City Council adopts the amended Parklet Permit Program Guidelines attached as Exhibit A to this resolution.

3. The City Council adopts the amended Sidewalk and Pedestrian Mall Outdoor Dining Program attached as Exhibit B to this resolution.

4. The City Council authorizes the City Manager to approve minor administrative updates to either or both of the Guidelines.

5. This Resolution shall take effect immediately upon its adoption.

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City of San Mateo
Parklet Program
Guidelines
As
Revised
October 17, 2022

EXHIBIT A

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Parklet Program Guidelines

I. Introduction
The City of San Mateo has developed a Parklet Program that allows for parklet installations in most commercial areas of the City.

The Parklet Program Guidelines outline the requirements for parklet installations. Due to the unique circumstances of each proposed parklet location, these are guidelines and specific elements may not be required in all cases. Similarly, there may be instances where City staff requires additional design elements not covered in these guidelines. The City of San Mateo will review the parklet permit applications, approving parklets that meet the design requirements and traffic safety standards as established by the Municipal Code and the California Manual on Uniform Traffic Control Devices (CA MUTCD).

All parklet installations require a Parklet Encroachment Permit from the City of San Mateo.Plans must be submitted by the business sponsor and permits must be issued by the City prior to any construction or modifications occurring. The parklets will be subject to both a one-time permit application fee, as well as an annual permit fee as defined in the City Fee Scheduleand an inspection fee from San Mateo Consolidated Fire as defined in the SMCF Fee Schedule.

II. Location and Setback Criteria
Parklets are generally allowed in commercial districts along the curbside on public streets where on- street parking spaces exist. However, parklets are not allowed along El Camino Real because it is a State- controlled roadway and is not under the City’s jurisdiction. Parklets are not allowed along the two blocks in the Pedestrian Mall, B Street between 1st and 3rd Avenues.

Parklets can be considered in commercial districts where there are or would be space(s) for on-street parallel, angled, or perpendicular parking, including spaces with metered or unmetered parking. Parklets are not allowed in ADA/handicap parking spaces or red curb zones. Parklets proposed in loading zones and in 24-minute parking spaces will be considered on a case by case basis.

A. Location Criteria
• Adjacency to Storefront - Parklets may only be installed along the frontage of the storefront that is applying for the parklet. Parklets are not allowed to use the frontage of adjacent storefronts to expand their territory. However, minor encroachments on adjacent storefront frontages may be allowed depending on the dimensions of the parking stalls being used for the parklet installation. Parklets shared with adjacent businesses will be considered on a case-by- case basis. The shared parklet area cannot exceed the frontage for the combined businesses. • Maximum Parking Stalls - A maximum of two parallel parking spaces or four perpendicular or angled parking spaces shall be used for each parklet.
• Parallel parking spaces - Parklets located in parallel parking spaces can be the length of one or two parallel parking spaces. A 4-foot inner buffer is required when adjacent to another parallel parking space. A 2-foot buffer is required when adjacent to a driveway, motorcycle parking, or a bicycle corral.

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Parklet Program Guidelines

• Perpendicular and angled parking spaces - Parklets located in perpendicular or angled parking spaces can utilize a maximum of two to four combined parking spaces. The edge of the parklet must be set back 4 feet from the adjacent parking space on either side. • Corner locations - Parklets located adjacent to intersection crosswalks shall provide 25-foot setbacks from the nearest crosswalk. Parklets that cannot meet these setback requirements may be considered on a case by case basis based on whether sight distance and safety can be maintained. In addition, storefronts located at corner locations may only have one parklet. • Fronting driveways - Parklets may be installed in front of a driveway if the applicant owns the property served by the driveway or obtains written permission from the property owner. If the driveway has been abandoned or no longer provides access to off-street parking, the driveway may be levelled as part of the conditions for the parklet project. Parklets may not obstruct driveways or entrances to City-owned parking facilities.

B. Parklet Setbacks
• Travel Lane Setback – Parklets shall have a 2-foot minimum setback from the travel lane measured from the parking striping adjacent to the travel lane (see Design and Parklet Placement diagrams below for more information).
• Side Setback - Parklets shall have a 4-foot minimum side setback to the nearest parking space (see Design and Parklet Placement diagrams below for more information).

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Parklet Program Guidelines

C. Other Location Criteria
• Utilities - Parklets may not be constructed over or obstruct utility access panels, manhole covers, storm drains, or fire hydrants. A minimum clearance of 8 feet from storm drains and manhole covers will be required to allow for maintenance access. Parklets proposed under overhead utility lines will be required to meet the minimum distance requirements as established by the CPUC. Parklets that block the outlet of a sidewalk underdrain will be required to ensure the outlet is functional and flowing. Be sure to take a thorough inventory of utility access covers in your proposed parklet area by checking under parked cars. Parklet sponsors must provide for access to any City or public utility company that may have underground conduits beneath the constructed parklet. Access to utilities may require that a parklet sponsor temporarily remove all or a portion of the constructed parklet. Parklet sponsors are responsible for the cost of re-installing and restoring any damage to the parklet. • Bike Lanes – Parklets cannot obstruct a bicycle lane or path. • Parklet Width – Parklets must stay within the designated parking stall area. • Fire Hydrants - Fire Hydrants shall not be blocked. A 15-foot clearance from the hydrant (7.5- foot each side) along the curb shall be maintained. A 3-foot buffer around the hydrant on all sides should also be maintained.
• Fire Department Connections (FDCs) – To maintain access to FDCs, 5-foot wide openings should be provided between every 2 adjacent parklets (and no more than 75-feet apart).

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Parklet Program Guidelines

III. Parklet Design Elements
Parklets generally consist of the following key elements:

A) Platform that allows the parklet to serve as an extension of the sidewalks.

B) Railings or enclosures that demarcate the exterior of the parklet from the street and surrounding parking spaces.

C) Traffic safety protections to reduce the potential for auto-related damage.

D) Furnishings and fixtures.

A. Platform Design Criteria
• Materials - Platforms must be constructed from durable materials that can withstand wear and tear of elements. Pouring concrete for parklet platforms is not allowed. You may use concrete pavers on a platform structure instead. Surface materials must be textured or treated with a non-skid coating to ensure a safe walking surface. Loose particles, such as sand or loose stone, are not permitted.
• Maintenance access - Parklets must be designed to provide access under the platform to allow for maintenance (i.e. repairs or clearing debris). If the platform base is not a solid mass, access can be provided through access panels, removable pavers, or other means. • Platform Threshold - The platform threshold must be flush and even with sidewalk and must not leave a gap greater than 1/2 inch, nor a vertical separation greater than 1/4 inch. • Drainage - Platforms should allow for curbside drainage flow. A 6-inch height by 12-inch width minimum clear gutter space must be provided along the entire length of the proposed platform.

Openings at either end of the parklet may be covered with screens to prevent debris buildup beneath the platform and in the gutter. It is the responsibility of the parklet permittee to clean the cover or screen to prevent any backup of storm water. All parklets must provide access through the parklet platform or threshold to the gutter adjacent to the curb. • Bolting Not Allowed - At no time may structures be bolted or affixed in any way to the roadway or any structure (including but not limited to: buildings, fire hydrants, street trees, streetlight, parking meters, or traffic poles, etc.). An exception to this is that wheel stops for traffic protection must be bolted to the roadway as described in the Traffic Protection section of these Guidelines.

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Parklet Program Guidelines

Source: San Francisco Parklet Manual
• Sub-structure - Designs for the sub-structure of a parklet vary and depend on the slope of the street and overall design for the structure. The sub-structure must accommodate the crown of the road and provide a level surface for the parklet. “Bison pedestals” (pictured below) spaced under the surface and of different heights are a common application. Another method is to provide steel sub-structure and angled beams.

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Parklet Program Guidelines

• ADA Accessibility - All accessibility elements of the proposed platform shall be designed, constructed and/or conform to the applicable provisions, rules, regulations and guidelines of the California Building Code and Americans with Disabilities Act.

o Accessible Platform Surface: The portion of the parklet platform connected by the accessible path of travel to the wheelchair turning space and wheelchair resting space must be level. The accessible platform surface maximum cross slope (perpendicular to the sidewalk or curb) and running slope (parallel to the curb) cannot exceed a ¼ inch rise per foot in any direction.
o Note that given the crown of the street in many locations, in order to achieve an ADA compliant platform surface, the parklet platform may need to be higher than the adjacent sidewalk (as opposed to being flush with the sidewalk) and will require a ramp for access. (See the picture below for an example of how this can be achieved.)
o Accessible entry: Shall be a minimum of 48 inches wide. o Accessible path of travel: It must connect the sidewalk to the accessible entry, platform surface, wheelchair turning space and wheelchair resting space. o Wheelchair turning space: Shall be 60 inches in diameter and located entirely within the platform; a 12-inch maximum overlap on the curb and sidewalk is acceptable. o Wheelchair landing: A 30- by 48-inch clear floor area. It’s permitted to overlap with the Wheelchair Turning Space by 24 inches maximum in any orientation.

B. Parklet Railings/Enclosures
The parklet railing/enclosure marks the boundary between the parklet and the street or sidewalk. It should serve as a safe edge while also being visually appealing, permeable, and inviting. The following standards and guidelines should inform your design.

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Parklet Program Guidelines

• Stable and sturdy enough not to fall over or be pushed over (must withstand 250-lbs of force). • Edge Buffers: the parklet should have an edge as a buffer from the street. This can take the form of planters, railing, cabling, or some other appropriate enclosure. • Openings in rails must prevent passage of 4-inch sphere. • Height: The height should not exceed 36 inches from the parklet platform floor to the top of the railing.
o If you wish to install wind barriers taller than 36 inches, the use of transparent materials like acrylic, plexiglass, plastic films, etc. is required. Posts to secure the transparent wind barrier is allowed around the material (both horizontally and vertically) but shall not exceed 2.5 inches in diameter. o If transparent wind barrier materials are used, the height of the railing, including the transparent materials and any top rail, should not extend more than 6 feet from the floor platform.
o Any vertical posts securing the transparent wind barriers should have a minimum spacing of 6 feet apart on center to allow for adequate sight distance. • Visibility: The enclosure should not block the view of conflicting movements of traffic, including pedestrian traffic, nor block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices.
• All railings/enclosures must have retro-reflective reflectors or retro-reflective tape on the corners of the parklet facing the travel lane such that they are visible by vehicle traffic at night. • Roofs, trellises, and tent shade structures are not allowed. The use of sail-style shades and retractable canopies may be considered but will require additional fortifications for support which will require additional staff review. Engineering calculations may be required as supporting documentation.

C. Traffic Protections
Parklets are required to provide the traffic protections outlined in this section of the guidelines. • Wheel Stops -- To help protect against moving traffic and parking cars, parklets in parallel parking spaces must be buffered using a wheel stop at a distance of 4-foot from the parklet and 3-foot from the face of curb (see Design and Parklet Placement diagrams on Page 3 and 4 for additional detail). This buffer may also serve as a space for adjacent property owners to accommodate curbside trash collection. Parklets located in angled and perpendicular parking spaces do not require a wheel stop unless otherwise specified during the application review process. Applicants are required to repair any damages to the roadway caused by the installation of the parklet or wheel stops if later removed. Any repairs shall be performed under a separate encroachment permit and in accordance with applicable City standards for roadway construction.

Wheel stops may be purchased from any vendor but must meet these specifications:

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Parklet Program Guidelines

o 3 feet long
o Black rubber with yellow stripes
o Mounted with bolts
o Installed 4 feet from outside ends of Parklet which occupies parallel parking spaces o Installed 3 feet from the curb

• Posts or Bollards -- Parklets shall have vertical elements that make them visible to traffic, such as flexible posts or bollards both with retroreflective tape. One possible measure are safe hits posts (as shown in the picture below). These vertical elements shall be placed 2 feet from the edge of the parklet on both sides of the parklet not adjacent to the travel lane. Structural bollards may be required if deemed necessary by the City. • Travel Lane Clearance -- Parklets shall provide a minimum 2-foot clearance from the edge of the travel lane (measured from the parking striping adjacent to the travel lane) to ensure safe separation from traffic.

D. Furnishings and Fixtures
All furnishings and fixtures must be designed to be weighted down for wind protection. Items may need to be stored inside the business during periods of high winds. Please ensure that the weights used do not create tripping hazards for pedestrians.
• Portable Heaters –Space heaters are permitted if they are an outdoor approved type, are located in accordance with the manufacturer's recommendations, and are located at least 2 feet from the edge of any umbrella canvas, any foliage, or any other flammable object or material.

Heaters are not allowed under umbrellas but can be placed near them if clearances are maintained.
• Umbrellas - Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material. No portion of an umbrella shall be less than eighty (80) inches above the parklet platform.
• Electrical connections – All wiring and electrical cords must be exterior rated, GFCI protected, and UL listed. Cords must not create tripping hazards on the sidewalk. If the cords cross above

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Parklet Program Guidelines

the sidewalk, they must provide a minimum clearance of 10 feet above the sidewalk and the platform of the parklet. The use of adapters is prohibited. Businesses are not allowed to tap into existing City electrical connections such as twinkle light outlets or streetlight poles.

Generators are not allowed in association with parklets. • Lighting – Lighting is encouraged and may be provided through electrical connections to the building. Solar powered lighting is strongly encouraged. Lighting shall not be directed towards the roadway to unintentionally cause glare for vehicles. Light strings must be hung to allow for a minimum clearance of 10 feet above the sidewalk and the platform of the parklet. • Signage – Signs are allowed provided the sign area does not exceed 6 square feet (24 inches by 36 inches). Illuminated signage is not allowed. Sign copy is limited to business identification, except that if the parklet is meant to serve the general public, signage should reflect such. If the parklet is meant to serve as restaurant seating, signage should correlate in design with the signage on the primary building.

IV. Operational Standards
• Private Control – Parklets will be considered private space under the control of the permit holder. The permit holder is responsible for securing the parklet and any fixtures and furnishings contained within it during hours when the associated business is not in operation. • No Outdoor Food Preparation – Outdoor food preparation is not permitted. No heating, cooking or open flames are permitted in a parklet. Hotpots, barbecues or other heating of food in the public right of way is not allowed.
• No Open Flames - Candles and open flames are not allowed on the parklets. • Alcohol Service – Restaurants and food establishments licensed by the State of California will be permitted to sell and allow on-premise consumption of alcoholic beverages. Alcohol service is only allowed under full-service conditions and alcoholic beverages consumed in parklets are not allowed to be provided in to-go containers. Establishments that serve alcoholic beverages in the parklet area shall be required to meet all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages.
• Site Maintenance – Parklets shall be maintained free of litter, refuse and debris. The area shall be scrubbed and mopped to remove any food or drink stains on a daily basis by the permittee.

Such cleaning shall be in accordance with the City’s
Storm Water Management and Discharge
Control Program, which prohibits any discharge other than rain water into the storm water drainage system.
• ADA Compliance – Parklet seating areas must comply with all requirements of the Americans with Disabilities Act (ADA) and provide sufficient clearance and walkway space to allow safe access and egress.
• Hours of Operation – The parklet shall adhere to the same approved hours of operation as the associated business.

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• Safety Inspections – The City will be making periodic safety inspections and reserves the right to require adjustments or removal of any elements, if deemed unsafe.

V. Permit Requirements
A. Permit Submittal Requirements
A Parklet Encroachment Permit is required for all parklet installations. Permit applications must be submitted prior to the construction of any new parklet.

The following submittals are required:
• Plan sets are required. It is recommended that plans are prepared by a design professional, such as an architect or engineer. The submitted plans should show the proposed layout of the parklet including:
o The parklet location (business frontage, site address, parking space number, etc.) o Dimensions of parking stalls, parklet structure including platform, railings, stormwater access, and traffic travel lanes in immediate area and in the proposed parklet. o Traffic protection measures and dimensions of the setbacks from adjacent parking spacesand adjacent traffic lane.
o Location of any adjacent public utilities in the street including curb drains, manhole covers, water shut-off valves, sidewalk utility boxes, streetlight poles, parking meters, gutter drains, fire hydrants, parking meters, and etc.
o Plans must demonstrate ADA accessibility and show dimensions of required clearances • Materials palette – Use color photo samples to demonstrate:
o Materials and plants to be used on platform
o Railing materials
o Platform materials
o Proposed sail shades or retractable canopies

• A valid City of San Mateo Business Tax Certificate, sometimes referred to as a business license. • Evidence of current insurance coverage including a Certificate of Liability Insurance and Endorsements
Prior to submitting a parklet application and paying the fee for the permit review, businesses should first schedule a pre-submittal meeting with the City to go over their proposed submittal to ensure that their application is complete and is consistent with these guidelines.

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