San Mateo City Council
June 3, 2024

CITY OF SAN MATEO
City Council Regular Meeting
June 3, 2024
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine

AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTEL Y.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here:

Monday, May 30, 2024
To join via telephone: (408) 638-0968
Webinar ID: 873 5495 7829 Passcode: 273202
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

CALL TO ORDER
Pledge of Allegiance
Roll Call
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CEREMONIAL

1. Pride Month – Proclamation

2. Diversity. Equity, and Inclusion (DEI) Task Force – Recognition

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

3. California Transportation Commission Local Streets and Roads – Project List Fiscal Year 2024-25 Adopt a Resolution to submit a list of projects proposed to be funded with the Road Repair and Rehabilitation Account, Senate Bill 1 funding, to the California Transportation Commission for Fiscal Year 2024-25.

CEQA: 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).)

4. Fiscal Year 2024-25 General Obligation Bond – Tax Rate Levy Adopt a Resolution to levy the property tax rate of $0.0030 per $100 of assessed value, equating to $3.00 per $100,000 assessed value, for the voter-approved General Obligation Bond annual debt service payment.

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CEQA: This GO Bond Tax Rate Levy 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).)

5. Fleet Maintenance Services – Amendment
Approve Amendment No. 6 to the agreement with First Vehicle Services, Inc. for vehicle maintenance and repair services to extend the term through June 30, 2025 and increase the agreement by $1,119,903.23 for a new not- to-exceed total agreement amount of $8,083,421.04; establish a contingency reserve in the amount of $100,000.00; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

CEQA: This Amendment 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).)

6. Domestic Violence Co-Response Advocate Program – Memorandum of Understanding Approve a Memorandum of Understanding with the County of San Mateo and City of Daly City for the Domestic Violence Co-Response Advocate program for a two-year term; and authorize the Chief of Police to execute the agreement in substantially the form presented.

CEQA: This agreement 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).)

7. B Street Pedestrian Mall Improvements Project – Agreement Approve an agreement with W.R. Forde Associates, Inc. for the B Street Pedestrian Mall Improvements Project in the amount of $534,866; establish a contingency reserve in the amount of $80,230; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

CEQA: This project is 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 existing or former use. (CEQA Guidelines Section 15301.)

8. Downtown Business Improvement Area – Resolution of Intent for Annual Renewal Accept the fiscal year 2023-24 Downtown San Mateo Association Annual Report; adopt a Resolution of Intent to Levy the Annual Assessments for the Downtown Business Improvement Area for fiscal year 2024-25; and set a public hearing for the June 17, 2024 City Council meeting for the annual levy.

CEQA: This item 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).)

9. Columbia Drive/Crystal Springs Storm Drain Improvement – Amendment Approve Amendment No. 1 to the agreement with Freyer & Laureta, Inc. for design professional services for the Columbia Drive/Crystal Springs Storm Drain Improvement Project in the amount of $28,000, for a new total agreement amount of $136,400; extend the term of the agreement through October 1, 2025; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

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CEQA: This Project is 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 existing or former use. (CEQA Guidelines Section 15301.)

10. Administrative Hearing Officer On-Call Services – Agreements Approve agreements with Civica Law, Nastich Law, and Michael Roush for on-call administrative hearing officer services for a period of five years in the amount of $300,000 for each agreement, for a total not-to-exceed amount of $900,000; and authorize the City Manager to execute each agreement in substantially the form presented.

CEQA: The approval of these Agreements is not subject to CEQA review under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the approval of hearing officer agreements may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

11. Summer Camp Bus Transportation – Agreement
Approve an agreement for $109,730.80 with First Student Inc. to provide bus transportation services for City of San Mateo summer camps ; establish a contingency reserve of $10,973.00; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

CEQA: This agreement 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).))

12. 2024-2025 School Crossing Guards – Agreement
Approve an agreement with the San Mateo-Foster City School District for school crossing guards in the amount not to exceed $78,000.00 and authorize Chief of Police Ed Barberini to execute the agreement in substantially the form presented.

CEQA: This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

13. Community Development Permit Tracking Software – Amendment Approve an Amendment to the Agreement with Tyler Technologies, Inc. to add payment processing services to the EnerGov Permitting and Licensing software; increase the annual service/maintenance fee by $1,080, for an annual total amount not to exceed $90,758.63; and authorize the Community Development Department Director to execute the Amendment in substantially the form provided.

CEQA: Approval of Amendment No. 1 is not subject to CEQA review under the “common sense” exemption, because it can be seen with certainty that there is no possibility that adding credit card payment processing services to an existing agreement may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

14. 390 1st Avenue – Lease Amendment
Approve the 2nd amendment to the lease between the City and Tong Sui, LLC, for the City owned property at 390 1st Avenue to assign the lease to Antoine Patisserie, LLC, dba Anton SV Pâtisserie, under the existing lease terms; authorize a security deposit amount of $1,253.76; and authorize the City Manager to execute the amendment in substantially the form presented.

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CEQA: This item is 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.)

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.

OLD BUSINESS

15. Citywide Complete Streets Plan – Update
Receive an update on the San Mateo Citywide Complete Streets Plan and provide feedback.

CEQA: This Complete Streets Plan update 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).)

PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made.

Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.

16. Fiscal Year 2024-25 Proposed Budget and 2024-29 Capital Improvement Program – Review Review the fiscal year 2024-25 proposed budget and the 2024-29 Capital Improvement Program and conduct a public hearing prior to the scheduled adoption at the June 17, 2024 City Council meeting.

CEQA: This proposed 2024-25 budget 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).)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

CLOSED SESSION
The public will have an opportunity to comment before the Council’s consideration of this item. Following the meeting a report of action from Closed Session will be provided if required.

17. Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Housing Action Coalition v. City of San Mateo, San Mateo Superior Court Case No.: 24-CIV-03126

ADJOURNMENT
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AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

WATCHING A MEETING ON TV:

City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

WATCHING A MEETING ON A COMPUTER:

There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.

During the meeting
By Zoom:

Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone:

Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person:

At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.

ACCESSIBILITY:

In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8625 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 03, 2024
SUBJECT:

California Transportation Commission Local Streets and Roads – Project List Fiscal Year 2024-25 RECOMMENDATION:

Adopt a Resolution to submit a list of projects proposed to be funded with the Road Repair and Rehabilitation Account, Senate Bill 1 funding, to the California Transportation Commission for Fiscal Year 2024-25.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB1), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increased per-gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees, and also provided for inflationary adjustments to tax rates in future years.

Beginning November 1, 2017, the State Controller deposited various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this RMRA funding has been apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code Section 2032(h) for road maintenance, rehabilitation, and critical safety projects on the local streets and road system.

Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a local agency must submit to the California Transportation Commission (CTC), by July 1st of each year, a list of projects proposed to be constructed with these funds. The estimated amount of the apportionment for the City for Fiscal Year 2024-25 is approximately $2,706,417 and is subject to fluctuations in actual tax and fee revenues.

The proposed projects will rehabilitate or reconstruct street segments which are in poor or failed condition. The estimated useful life of the pavement treatment is an average 20 years. Construction is estimated to begin in Fall 2024 and be completed by Spring 2025.

Staff recommends seeking RMRA fund apportionment for Fiscal Year 2024-25 for the proposed pavement rehabilitation and reconstruction projects which include the following street segments:

Street From To
29th Ave Alameda de las Pulgas Juniper St
Bettina Ave City Limit 42nd Ave
Echo Ave Norfolk St Lodi Ave
High View Drive City Limit Newlands Ave
Idaho St Sunnybrae Blvd 10th Ave

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CITY OF SAN MATEO
Iowa Drive Parrott Dr Nevada Ave
Juniper Street 29th Ave 28th Ave
Juniper Street 30th Ave 29th Ave
Lula Bella Lane Hacienda St Flores St
Noe Ave ECHO S/S Norfolk St
Oregon Avenue St. John's Cemetery Bucknell Dr
Overland Drive 27' S of Woodberry Dr 55' S of Palos Verdes Dr Oxford Ave Hamlett St Norfolk St
Pierce Street Speers Ave Queens Ave
Rolling Hills Ave Alameda de las Pulgas Hacienda St
Rolling Hills Ave Hacienda St End
San Benito Street Antioch Dr San Miguel Way
Terrace Way Isabelle Ave Alameda de las Pulgas
Tilia Street Borel Ave Hobart Ave
Tulane Court Tulane Road End
29th Ave Alameda de las Pulgas Juniper St
Upon City Council approval of the project list, staff will submit the Council Resolution to the CTC as required.

BUDGET IMPACT:

According to the most recently available revenue estimates by the California League of Cities, the City is anticipated to receive an estimated $2,706,417 from the RMRA for Fiscal Year 2024-25 toward street rehabilitation/reconstruction. These estimated allocations are appropriate for budgeting purposes but are subject to change when the Department of Finance releases updated revenue estimates with the Governor’s revision to the proposed State budget. As noted previously, actual revenues may vary based on total taxes and fees collected.

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
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319

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1 CITY OF SAN MATEO
RESOLUTION NO.__ (2024)
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $2.70 million in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the 8th year in which the City is receiving SB 1 funding which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the proposed project list is part of the City’s Smooth Street Program which is endorsed by the San Mateo City Council through public process; and WHEREAS, the funding from SB 1 will help the City maintain, rehabilitate, and reconstruct twenty-one (21) roadway segments currently in poor or failed condition throughout the City this year; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found the City of San Mateo’s overall streets and roads are in a good condition, however some of the street segments in poor condition have not been addressed and this revenue will help us increase the overall quality of our entire road system over the next decade and bring our overall streets and roads into a better condition; and

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1 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, the City affirms its commitment that the apportionments received will be used and reported on as required by statute and the Commission’s adopted program guidelines.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of San Mateo, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Project Title: Citywide Street Reconstruction Phase 5
Project Description: Project work includes milling of pavement surface or removal of asphalt concrete and base, overlaying asphalt concrete or placement of asphalt concrete and base, upgrading curb access ramps, installation of pavement markings and striping and other incidental work.

Project Location: The following locations identified are subject to be changed:

Street From To
29th Ave Alameda de las Pulgas Juniper St
Bettina Ave City Limit 42nd Ave
Echo Ave Norfolk St Lodi Ave
High View Drive City Limit Newlands Ave
Idaho St Sunnybrae Blvd 10th Ave
Iowa Drive Parrott Dr Nevada Ave
Juniper Street 29th Ave 28th Ave
Juniper Street 30th Ave 29th Ave
Lula Bella Lane Hacienda St Flores St
Noe Ave ECHO S/S Norfolk St
Oregon Avenue St. John's Cemetery Bucknell Dr
Overland Drive 27' S of Woodberry Dr 55' S of Palos Verdes Dr Oxford Ave Hamlett St Norfolk St
Pierce Street Speers Ave Queens Ave
Rolling Hills Ave Alameda de las Pulgas Hacienda St
Rolling Hills Ave Hacienda St End

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1 San Benito Street Antioch Dr San Miguel Way
Terrace Way Isabelle Ave Alameda de las Pulgas
Tilia Street Borel Ave Hobart Ave
Tulane Court Tulane Road End
29th Ave Alameda de las Pulgas Juniper St
Estimated Project Schedule: Construction is estimated to begin in Fall 2024 and be completed by Spring 2025.

Estimated Project Useful Life: The estimated useful life of the Project is average 20 years.

RESOLUTION NO. ____ PASSED AND ADOPTED by the City Council of the City of San Mateo, California, at a regular meeting held on this _______ day of _______, 2024, by the following vote:

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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: 4 Section Name: CONSENT CALENDAR Account Number: 10-2011 File ID: 24-8682 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Finance Department
MEETING DATE: June 03, 2024
SUBJECT:

Fiscal Year 2024-25 General Obligation Bond – Tax Rate Levy RECOMMENDATION:

Adopt a Resolution to levy the property tax rate of $0.0030 per $100 of assessed value, equating to $3.00 per $100,000 assessed value, for the voter-approved General Obligation Bond annual debt service payment.

BACKGROUND:

General Obligation Bonds (GO Bonds) are typically issued to finance government improvements benefiting the community as a whole. These obligations require 2/3rd voter approval and are secured by an annual tax levy on all assessed property within a jurisdiction. Due to the strength of this security pledge, General Obligation Bonds are typically the lowest cost form of public financing.

In 1999, voters approved a $35 million bond issue to finance construction of a new main library and improvements to the City’s branch libraries. These bonds were issued in two series, $12 million in 2000 (GO Bonds, Series 2000) and the remaining $23 million in 2004 (GO Bonds, Series 2004A). The total outstanding balance of these two bonds as of June 30, 2012 was $29.16 million. In February 2013, City Council authorized the refinancing of these two bond issues. General Obligation Refunding Bonds, Series 2013, were issued for $27.295 million and resulted in net present value savings of $8.4 million over the life of the remaining outstanding bonds. Correspondingly, starting in 2014, this refinancing reduced the annual assessment rate paid by property owners by approximately 20%.

An annual resolution is required to provide the County of San Mateo the authority to include this levy on the annual tax roll. The proposed tax levy for fiscal year 2024-25 is calculated to be $3.00 per $100,000 of assessed value. This represents a 47% reduction from the prior year levy of $5.70 per $100,000 of assessed value. The recommended reduction in the tax levy is due to actual growth in the City’s assessed value exceeding the projected growth in prior years. As a result, excess fund balance can be used to reduce tax levy.

The City’s total net taxable assessed valuation for fiscal year 2023-24 is $36.6 billion, compared to the prior year’s $34.6 billion. The levy rate for 2024-25 assumes a 3.5% increase in assessed value, bringing the total assessed value to $37.6 billion. This calculation of the tax levy is sufficient to meet debt service requirements as shown in Attachment 2.

As shown in Attachment 4, the outstanding principal of the GO Bonds, Series 2013, will be $11.37 million at the end of fiscal year 2024-25 and the final debt service payment will be made in fiscal year 2030-31.

BUDGET IMPACT:

The recommended General Obligation Bond tax rate of $0.0030 per $100 of assessed value for fiscal year 2024-25 is estimated to raise adequate funds to meet the annual debt service requirement for the General Obligation Refunding

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CITY OF SAN MATEO
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Bonds, Series 2013, originally issued for library capital projects.

ENVIRONMENTAL DETERMINATION:

This GO Bond Tax Rate Levy 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.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - GO Bonds Debt Service Tax Rate Calculation
Att 3 - Historic GO Bonds Tax Rates
Att 4 - GO Bonds Debt Service Schedule

STAFF CONTACT
Karen Huang, Finance Director
[email protected]
(650) 522-7110

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
FIXING THE 2024-2025 TAX RATE ON VOTER APPROVED GENERAL OBLIGATION BONDS WHEREAS, adoption of California Constitution Article XIII A (Proposition 13) by the voters of the state on June 6, 1978 automatically established the property tax rate to be fixed without any action of this Council, as previously required by Charter Section 5.11 and California Government Code Section 51511, except voter approved bonds; and
WHEREAS, the City of San Mateo has voter-approved general obligation bonds outstanding, requiring revenues in the sum of $1,062,350 to pay interest and principal for fiscal year 2024-25, which will require a total tax rate of $0.0030 per $100 of assessed valuation for the Library Project on the estimated $37.6 billion of combined assessed value roll of secured property and state utility property; and WHEREAS, pursuant to California Constitution Article XIII A, all other revenue from property taxes required to balance the budget for the City of San Mateo are to be collected by the County of San Mateo at a tax rate of 1% of the full face value of real property located in the City of San Mateo ($1.00 per every $100 of assessed value) and apportioned to the City according to law, and no other tax rate is to be established by City.

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

1. In accordance with California Environmental Quality Act (CEQA) Guidelines section 15378(b)(4), levying of this tax rate is not a project subject to CEQA because it is a funding mechanism which does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

2. The rate of property tax to be levied by this Council for the fiscal year July 1, 2024 through June 30, 2025, upon each $100 assessed value of all taxable property within the City of San Mateo for the purpose of redemption of interest and principal on voter-approved general obligation bonds of the City, for the fund, is hereby fixed at:

General Obligation Bonds Fund – $0.0030 for the Library Project

3. The City Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Controller of the County of San Mateo immediately, as the statement of tax rate fixed as required by law.

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Principal Interest Total Debt Service Payment
GO Bonds 2013 Library Debt Service Payment 1,660,000$ 402,350$ 2,062,350$ Less: use of fund balance 1,000,000$
Adjusted Total 1,062,350$
City of San Mateo Total Net Taxable Assessed Value 36,351,657,524$ Add: Estimated 3.5% increase 1,272,308,013$
2024-25 Projected Assessed Value 37,623,965,537$
GO Bonds Tax Levy 0.00003
City of San Mateo
Schedule of General Obligation Bonds (GO Bonds) Debt Service Fiscal Year 2024-25 Tax Rate Calculation

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Fiscal Year
GO Bonds Tax Rate
Per $100 Assessed Value
Net Annual
GO Bonds Debt Service
2001-02 0.01350 1,367,000$
2002-03 0.01250 1,380,000$
2003-04 0.01150 1,383,000$
2004-05 0.02530 3,074,170$
2005-06 0.02200 2,927,000$
2006-07 0.02100 2,945,000$
2007-08 0.01930 2,954,000$
2008-09 0.01750 2,937,000$
2009-10 0.01600 2,663,472$
2010-11 0.01290 2,141,030$
2011-12 0.01290 2,099,016$
2012-13 0.01290 2,162,032$
2013-14 0.01050 2,051,350$
2014-15 0.01050 2,034,625$
2015-16 0.01024 2,040,575$
2016-17 0.00900 2,034,450$
2017-18 0.00840 2,030,950$
2018-19 0.00770 2,030,950$
2019-20 0.00710 2,037,950$
2020-21 0.00670 2,033,150$
2021-22 0.00640 2,045,950$
2022-23 0.00600 2,041,250$
2023-24 0.00570 2,049,050$
2024-25 0.00300 2,062,350$

CITY OF SAN MATEO
History of General Obligation Bonds Tax Rates

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OUTSTANDING

FISCAL PRINCIPAL TOTAL ANNUAL PRINCIPAL
YEAR AUGUST 1 FEBRUARY 1 TOTAL AUGUST 1 DEBT SERVICE JUNE 30 2012-13 - 27,295,000.00
2013-14 346,883.34 468,175.00 815, 058.34 970, 000.00 1, 785,058.34 26, 325,000.00 2014-15 468,175.00 451,450.00 919, 625.00 1, 115,000.00 2, 034,625.00 25, 210,000.00 2015-16 451,450.00 434,125.00 885, 575.00 1, 155,000.00 2, 040,575.00 24, 055,000.00 2016-17 434,125.00 410,325.00 844, 450.00 1, 190,000.00 2, 034,450.00 22, 865,000.00 2017-18 410,325.00 385,625.00 795, 950.00 1, 235,000.00 2, 030,950.00 21, 630,000.00 2018-19 385,625.00 359,925.00 745, 550.00 1, 285,000.00 2, 030,550.00 20, 345,000.00 2019-20 359,925.00 333,025.00 692, 950.00 1, 345,000.00 2, 037,950.00 19, 000,000.00 2020-21 333,025.00 305,125.00 638, 150.00 1, 395,000.00 2, 033,150.00 17, 605,000.00 2021-22 305,125.00 275,825.00 580, 950.00 1, 465,000.00 2, 045,950.00 16, 140,000.00 2022-23 275,825.00 245,425.00 521, 250.00 1, 520,000.00 2, 041,250.00 14, 620,000.00 2023-24 245,425.00 213,625.00 459,050.00 1,590,000.00 2,049,050.00 13,030,000.00 2024-25 213,625.00 188,725.00 402, 350.00 1, 660,000.00 2, 062,350.00 11, 370,000.00 2025-26 188,725.00 162,925.00 351, 650.00 1, 720,000.00 2, 071,650.00 9, 650,000.00 2026-27 162,925.00 127,425.00 290, 350.00 1, 775,000.00 2, 065,350.00 7, 875,000.00 2027-28 127,425.00 90,225.00 217, 650.00 1, 860,000.00 2, 077,650.00 6, 015,000.00 2028-29 90,225.00 61,125.00 151, 350.00 1, 940,000.00 2, 091,350.00 4, 075,000.00 2029-30 61,125.00 31,050.00 92, 175.00 2, 005,000.00 2, 097,175.00 2, 070,000.00 2030-31 31,050.00 - 31, 050.00 2, 070,000.00 2, 101,050.00 - TOTAL 4,544,125.00$ 4,544,125.00$ 9, 435,133.34$ 27, 295,000.00$ 36, 730,133.34$

CITY OF SAN MATEO
GENERAL OBLIGATION BONDS SERIES 2013

INTEREST PAYMENTS
ISSUE AMOUNT: $27,295,000

CONSTRUCTION OF NEW LIBRARY AND IMPROVEMENT EXISTING LIBRARY PROJECT ISSUE DATE: JUNE 15, 2013

DEBT SERVICE TO MATURITY

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 24-8624 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 3, 2024
SUBJECT:

Fleet Maintenance Services – Amendment
RECOMMENDATION:

Approve Amendment No. 6 to the agreement with First Vehicle Services, Inc. for vehicle maintenance and repair services to extend the term through June 30, 2025 and increase the agreement by $1,119,903.23 for a new not-to-exceed total agreement amount of $8,083,421.04; establish a contingency reserve in the amount of $100,000.00; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

BACKGROUND:

The Facilities and Fleet Services Division of Public Works contracts with First Vehicle Services, Inc. (FVS) to perform maintenance and repairs for the City’s fleet.

In September 2017, Council approved a three-year agreement with FVS for fleet maintenance services that also allowed for five (5) optional annual extensions, provisions for annual adjustment based on the Bay Area Cost Consumer Price Index, and the establishment of an annual $100,000 contingency reserve.

Since the execution of the 2017 agreement, Amendments 1 through 5 were approved and executed to extend the term, add annual funding to the agreement, include additional provisions for vehicle expenses outside the scope of the contract, and add CPI-based annual increases. The current total agreement amount is $6,963,517.81.

Staff recommends approval of Amendment No. 6 to extend the agreement through June 30, 2025, and increase the agreement by $1,119,903.23 for a new agreement amount not to exceed $8,083,421.04. This amendment will execute the last annual optional term extension. To address any unanticipated costs, and consistent with the original agreement approval action by Council, staff recommend establishing a contingency reserve in the amount of $100,000.

BUDGET IMPACT:

Funding for fleet maintenance and repair services is budgeted in the Fleet Services operating budget. No supplemental budget appropriation is necessary.

ENVIRONMENTAL DETERMINATION:

This Amendment 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.

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CITY OF SAN MATEO

ATTACHMENTS
Att 1 - Amendment No. 6

STAFF CONTACT
Daniel Heffelfinger, Fleet Services Supervisor
[email protected]
650-522-7366

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Contract Amendment Page 1 of 2
CAO Approved March 2024
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9 AMENDMENT NO. 6 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
FIRST VEHICLE SERVICES, INC. FOR

FLEET MAINTENANCE SERVICES
This Amendment is 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 First Vehicle Services, Inc. (“CONTRACTOR “)
WHEREAS, CITY and CONTRACTOR wish to amend the Agreement to exercise the final one-year agreement extension and increase the amount payable by $1,119,903.23, for a revised total agreement amount of $8,083,421.04.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 – “Term” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on November 8, 2017, and conclude on June 30, 2025.”

2. Section 5 – “Payment” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of payment requested upon completion and CITY approval of the work performed. CITY agrees to pay CONTRACTOR a fee in the amount not to exceed $8,083,421.04.”

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 2
CAO Approved March 2024
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2 0
9 IN WITNESS WHEREOF, CITY OF SAN MATEO and FIRST VEHICLE SERVICES, INC. have executed this Amendment on ___________________.

CITY OF SAN MATEO FIRST VEHICLE SERVICES, INC.

Matt Fabry
Director of Public Works
Date Mathieu Le Bourhis
Its Authorized Agent
CFO

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
Linh Nguyen
Assistant City Attorney
Date George Cavelle
Region Vice President
Date

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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: 6 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 24-8650 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: June 3, 2024
SUBJECT:

Domestic Violence Co-Response Advocate Program – Memorandum of Understanding RECOMMENDATION:

Approve a Memorandum of Understanding with the County of San Mateo and City of Daly City for the Domestic Violence Co-Response Advocate program for a two-year term; and authorize the Chief of Police to execute the agreement in substantially the form presented.

BACKGROUND:

Domestic violence remains a critical issue within our community, necessitating enhanced response strategies that provide immediate support to victims. Recognizing this need, the San Mateo Police Department has sought to establish a partnership with the County of San Mateo and the City of Daly City, where the County of San Mateo will contract with the local non-profit organization, Community Overcoming Relationship Abuse (CORA), which specializes in services for survivors of domestic violence, to create the DV Co-Response (CORE) Advocate Program. This program will introduce a DV CORE Advocate to work alongside police officers to offer immediate, on-scene support services to domestic violence survivors, enhancing the overall response to these incidents, and interrupting what often becomes a repeating cycle of violence.

The program will embed an advocate at the San Mateo Police Department. The advocate will partner with officers and related service providers to optimally address every reported incident of domestic violence. The advocate will respond in tandem with San Mateo police officers to related incidents, and once officers ensure the scene is safe, the advocate will respond to the scene. The advocate will work together with officers to assess the overall scene, as well as the needs of the survivor and connect the individual with the appropriate service providers and resources. The advocate will also provide on-going training to the San Mateo Police Department to enhance officer response and overall community prioritization and support for this important issue.

The DV CORE Advocate program will have the following goals:

Goal 1 – Law enforcement staff and DV Co-Responder respond to active domestic violence calls for service.

Goal 2 – DV Co-Responders provide consultation, training, and support to law enforcement personnel in the field Goal 3 – DV Co-Responders increase knowledge of effective strategies to support survivors of domestic violence and their families.

Goal 4 – DV Co-Responders increase access to resources for survivors of domestic violence and their families.

Goal 5 – Law enforcement strengthens relationships with service providers and community.

Goal 6 – Improve outcomes for survivors of domestic violence and their families.

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CITY OF SAN MATEO
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The proposed MOU outlines the cooperative framework between the City, the County of San Mateo, the City of Daly City, and CORA, detailing the roles and responsibilities of each party in implementing the DV CORE Advocate Program.

Additionally, the County of San Mateo will hire a program evaluator to measure the outcomes and effectiveness of the program.

Notably, the program will incur no fiscal cost to the City, as it is fully funded by the County of San Mateo. The term of the MOU is set for 2 years, with the option for renewal subject to mutual agreement and funding availability. It is the City’s policy that inter-governmental agency agreements be approved by the City Council.

BUDGET IMPACT:

There is no fiscal impact to the City with the adoption of this MOU. The County of San Mateo will fund all associated costs.

ENVIRONMENTAL DETERMINATION:

This agreement 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 – Memorandum of Understanding

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

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Domestic Violence Co-Response Pilot Program MOU
March 2024

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SAN MATEO, THE CITY OF DALY CITY, AND THE COUNTY OF

SAN MATEO FOR THE ESTABLISHMENT OF A DOMESTIC VIOLENCE CO-RESPONDER

PILOT PROGRAM

The purpose of this Memorandum of Understanding (MOU) is to set forth the agreement between the County of San Mateo (County), the City of San Mateo (San Mateo), and the City of Daly City (Daly City), acting through their respective law enforcement agencies (the Sheriff’s Office, Daly City Police Department, and San Mateo Police Department) to improve the participating agencies’ response to domestic violence incidents by embedding domestic violence co-responders in the law enforcement agencies (Pilot Program). The Pilot Program was approved by the San Mateo County Board of Supervisors (Resolution No. 080072) on December 12, 2023, and was subsequently approved by the Daly City and San Mateo City Councils. The Pilot is expected to start in 2024 and end in 2026 and will be funded by the County.

In furtherance of the Pilot Program, the County will hire a neutral third party (evaluator) to support the Parties’ planning and implementation efforts. Once the Pilot Program is launched, the evaluator will conduct an implementation and evaluation study, which will examine the interventions and assessment methods utilized by the Pilot Program, to assist the Parties to better understand and most effectively support the population served by the Pilot Program. The program evaluation is discussed further in Section 11.2 of this MOU.

In support of the Pilot Program, the Cities and County hereby agree to the following:

1. Purpose and Goals
The Cities and County enter this cooperative agreement for implementation of the Pilot Program to improve law enforcement’s response to domestic violence incidents. Advocates embedded in the law enforcement agencies can provide immediate services to victim/survivors when they are most receptive and offer ongoing support for navigating public assistance, emergency housing resources, the legal system, and other resources.

Specific Goals for the Pilot Program have been identified as follows:

Goal 1 – Law enforcement staff and DV Co-Responder respond to active domestic violence calls for service.

Goal 2 – DV Co-Responders provide consultation, training, and support to law enforcement personnel in the field.

Goal 3 – DV Co-Responders increase knowledge of effective strategies to support victim/ survivors of domestic violence and their families.

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Goal 4 – DV Co-Responders increase access to resources for victim/survivors of domestic violence and their families.

Goal 5 – Law enforcement strengthens relationships with service providers and community.

Goal 6 – The Co-Responder program improves outcomes for victim/survivors of domestic violence and their families.

2. Relationship of Parties
Community Overcoming Relationship Abuse (CORA) will provide DV Co-Responders pursuant to a separate agreement with the County. The County and the Cities acknowledge and agree that the DV Co-Responders will provide work and services under this agreement as independent contractors relative to the County and the Cities. The CORA DV Co-Responders participating in the Pilot Program are not employees of the County or the Cities, nor shall they acquire any of the rights, privileges, powers, or advantages of employees of the County or the Cities.

3. Mutual Responsibility of Parties

4.1 The Parties agree to develop, review, and modify, as needed, policies and procedures for the Pilot Program, including, but not limited to, scope of work, chain of communication, necessary training, complaint process, performance concerns, monitoring of the Pilot Program, supervision of job performance of the DV Co- Responders, and handling and disposition of data generated by Pilot Program participants.

4.2 The Parties will participate in efforts to obtain and analyze data to document the effectiveness of the Pilot Program in reaching its goals and objectives, while protecting and respecting individuals’ confidentiality and privacy rights. These efforts will include partnering with the evaluator to evaluate the Pilot Program’s effectiveness during the term of the MOU.

4.3 The Parties will develop relevant training plans for County and City staff and participate in collaborative trainings when appropriate, develop program strategies, and implement the Pilot Program in a manner that respects the dignity and diversity of community members.

4. Responsibilities of Individual Parties

5.1 The Cities of Daly City and San Mateo shall be responsible for the following:
• Providing assigned DV Co-Responders with a physical workspace and office supplies necessary for all work required within the City’s police department. • Provide mobile police radio to the assigned DV Co-Responder for in-field work. • Orient and familiarize assigned DV Co-Responder with the Police Department workspace, technology, operations, and specific community needs, in furtherance of the DV Co-Responder’s performance of the Pilot Program work.

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March 2024

• Provide assigned DV Co-Responder with access to the law enforcement database system, to the extent necessary to carry out job responsibilities. • Work collaboratively with DV Co-Responder to provide necessary law enforcement- related information to assist the DV Co-Responder in achieving Pilot Program objectives.

5.2 The Sheriff’s Office shall be responsible for the following:
• Provide DV Co-Responders with all other equipment and materials necessary to perform their duties for the Pilot Program.
• Serve as a liaison between the Cities and CORA to provide feedback to CORA about the performance of their DV Co-Responders and respond to CORA’s concerns about the functionality of the Pilot Program.
• Serve as the main repository of Pilot Program data and the main point of contact with the 3rd party evaluator.

5. Special Terms and Conditions

6.1 Coordination and Oversight
The Sheriff and the Chiefs of Police are responsible for the day-to-day coordination of program operations and problem resolution with the DV Co-Responders.

The Cities and County will designate liaisons to participate in quarterly oversight meetings to monitor the progress of the Pilot Program, review operational issues, and identify items for ongoing work plan. The liaisons will serve as the main point of contact for CORA and the other participating law enforcement agencies.

Participating law enforcement agencies will coordinate with CORA and each other to develop information about the program and the services it provides and will make that information available to the public.

Participating law enforcement agencies are responsible for their own budgetary planning and reporting with respect to how the Pilot Program impacts their agencies.

6.2 Conflict Resolution
In the event of disagreements or conflicts between or among Parties to this MOU, the disagreement or conflict will be referred initially and in writing to the assigned liaisons from the Cities and the County. If consultation at that level does not resolve the disagreement or conflict, then the City Chiefs of Police and the Sheriff or their designees shall meet and confer and attempt to resolve the matter.

In the event that the disagreement or conflict pertains to the performance of an assigned DV Co-Responder and the disagreement or conflict is not resolved through the steps described above, the County shall have the final authority to resolve the conflict with CORA.

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March 2024

6. Hold Harmless and Indemnification
a. It is agreed that the County shall defend, hold harmless, and indemnify each of the Cities and their officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of the County and/or its officers, employees, agents, and servants.
b. The County shall defend, hold harmless, and indemnify the Cities from and against any and all claims for wages, salaries, benefits, taxes, and all other withholdings and charges payable to, or in respect to, the County’s representatives for services provided under this Agreement. c. It is agreed that each of the Cities shall defend, save harmless, and indemnify the County and its officers, employees, agents, and servants from any and all claims, suits, or actions of every name, kind, and description brought by a third party which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of the indemnifying City or Cities and/or their respective officers, employees, agents and servants. This section shall not be construed to assign any responsibility to one City for the conduct of the other City. d. The duty of each party to defend, hold harmless, and indemnify the other party as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
e. In the event of concurrent negligence (or intentional/reckless acts) of a City or Cities and/or their respective officers and employees, on the one hand, and the County and/or its officers, employees, agents, and servants, on the other hand, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this Agreement shall be apportioned according to the California theory of comparative fault.

7. Term and Termination

8.1 Term
This MOU shall be effective immediately upon signature by each of the parties, and the term of the MOU shall end two years after the commencement of the Pilot Program. The two-year Pilot Program will commence once the DV Co-Responders have been assigned to the Cities and have begun providing services as contemplated under the Pilot Program. Prior to the commencement of the Pilot Program, each of the Parties will execute an addendum to this MOU that attests and confirms the commencement date of the Pilot Program.

8.2 Amendment/Modification Process
All subsequent modifications or amendments to this MOU shall be in writing and signed by each of the Parties hereto before they will be effective.

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March 2024

8.3 Termination
The Parties agree that the term of this MOU is two years after the commencement of the Pilot Program. Each Party agrees to remain a party to this MOU for the entire duration of the two-year term of the Pilot Program, subject only to termination for cause. Cause for termination of this MOU will include only a material breach of this MOU by another Party or impossibility of performance. Prior to termination for cause, the terminating party must give all other Parties 30 days written notice of the alleged material breach and notice of an opportunity to cure such breach during the notice period. If the party(ies) is/are unable to cure within 30 days, the MOU may be terminated as to the noticing party only.

8. Funding/Financial Responsibilities

9.1 Pilot Program Cost Sharing
Unless amended by the Board of Supervisors and the City Councils, the annual contributions of Cities and County to the Pilot Program expenses shall be as follows:

County shall pay one hundred percent (100%) of the personnel costs for the DV Co- Responders.

County shall pay one hundred percent (100%) of the costs for the Program evaluation.

County shall pay for one hundred percent (100%) of the cost of laptops and vehicles for the DV Co-Responders
Cities shall pay for one hundred percent (100%) of the cost of walkie-talkies, office equipment, and other necessary items for the DV Co-Responders

9. Program Evaluator
The County will hire a neutral third party to evaluate the efficacy of the Pilot Program.

The total cost of the evaluation shall not exceed Two Hundred Thousand dollars ($200,000) for the two-year term of the Pilot Program. The County shall be responsible for one hundred percent (100%) of the cost of the evaluation.

10. Contact Information
The following is contact information of the persons responsible from each party/entity for the completion and maintenance of this MOU:

12.1 Party A (County of San Mateo) Information
Name: Adam Ely
Address: 400 County Center, Redwood City, CA, 94061
Telephone: 650-295-3674
Email: [email protected]

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March 2024

12.2 Party B (City of San Mateo) Information
Name: Ed Barberini, Chief
Address: 200 Franklin Parkway, San Mateo, CA 94403
Telephone: (650) 522-7700
Email: [email protected]

Party C (City of Daly City) Information
Name: Cameron Christensen, Chief
Address: 333 90th St., Daly City, CA 94015
Telephone: (650) 991-8115
Email: [email protected]

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March 2024

Effective Date and Signatures:

This MOU shall be effective upon the signature of all parties authorized officials. All Parties indicate agreement with this MOU by their signatures.

Signatures and dates:

Mike Callagy, County Executive Officer Date
County of San Mateo

Ed Barberini, Chief Date
City of San Mateo

Cameron Christensen, Chief Date
City of Daly City

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8714 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 03, 2024
SUBJECT:

B Street Pedestrian Mall Improvements Project – Agreement RECOMMENDATION:

Approve an agreement with W.R. Forde Associates, Inc. for the B Street Pedestrian Mall Improvements Project in the amount of $534,866; establish a contingency reserve in the amount of $80,230; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

BACKGROUND:

On May 17, 2021, City Council directed staff to establish a year-round Pedestrian Mall on the segment of B Street from 1st to 3rd Avenues (Pedestrian Mall). On October 4, 2021, Council adopted the Pedestrian Malls Ordinance, found in San Mateo Municipal Code (SMMC) Chapter 11.29. This initiated the Pedestrian Mall Improvement Project (Project), which includes enhancements such as street furnishings, planters, safety barriers (bollards) at the street ends, ADA access improvements, and bike racks.

In January 2022, the City entered into an agreement with Community Design + Architecture for design of the Project, which was completed in March 2024. In accordance with Municipal Code section 3.60.030, a competitive public process was used to obtain bids for the construction of the Project. A Notice Inviting Sealed Proposals was issued to advertise the Project on March 7, 2024. On the March 28, 2024, the bid opening date, four bids were received.

On April 1, 2024, staff presented an update on the Pedestrian Mall to City Council and requested direction on supporting a pilot program for the pedestrian mall between 1st and 2nd Avenues and on whether to install bollards or planter barriers on each block. City Council directed staff to move forward with planter barriers on both blocks of the pedestrian mall and not to install bollards at this time. Therefore, the Project as previously designed could not move forward as it included bollards between 2nd and 3rd Avenues as part of the main contract. On April 15, 2024, City Council approved a resolution rejecting all bids and authorized re-advertisement of the Project without the bollard scope. A separate procurement effort is underway to install planter barriers outside the scope of this Project. Staff anticipates planter barriers will be installed by the end of June 2024.

The Project was re-advertised on April 16, 2024, with a reduced scope that includes the installation of two ADA parking stalls, landscaping and public seating improvements, striping modifications, and sign installations. The Engineer’s Estimate was $490,000. A total of four (4) bids were received and opened on May 9, 2024. The bids received are listed below in order of increasing bid amount.

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CITY OF SAN MATEO
Contractor Grand Total Bid Amount
W.R. Forde Associates, Inc. $534,866.00
Andreini Bros., Inc. $552,732.00
Golden Bay Construction, Inc. $587,682.75
McGuire and Hester $732,250.00
Staff reviewed the lowest bid, submitted by W.R. Forde Associates, Inc. and determined that W.R. Forde Associates, Inc. is the lowest responsive, responsible bidder, and recommends it be awarded the agreement. In addition, staff recommend a 15% contingency to be established given the small size of the construction agreement.

BUDGET IMPACT:

There are sufficient funds in the Pedestrian Mall Construction Project (130004) to fund this work in the amount of $534,866 and the contingency reserve of $80,230 for a total of $615,096.

ENVIRONMENTAL DETERMINATION:

This project is 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 existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315

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Construction Contract Page 1 of 9
Rev 1/24
AGREEMENT WITH W.R. FORDE ASSOCIATES, INC.

FOR PUBLIC IMPROVEMENT
FOR

B STREET PEDESTRIAN MALL IMPROVEMENTS PROJECT
CITY PROJECT NO. 130004
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and W.R. Forde Associates, Inc., a corporation, with offices at 984 Hensley Street Richmond, CA 94801 (hereinafter called "Contractor"), entered into this day of ____________________.

RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:

B STREET PEDESTRIAN MALL IMPROVEMENTS PROJECT
CITY PROJECT NO. 130004

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of five hundred thirty-four thousand eight hundred sixty-six dollars ($534,866) in full payment for the work set forth above.

Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book.

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions, Revised Standard Specifications dated April 16, 2021, and Contract Drawings, the State of California Standard Specifications 2018 Edition, the State of California Department of Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

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All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

All of the above-named documents are complementary and are intended to operate in harmony, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. In the event of any variation or discrepancy between any portion of this Agreement and any portion of the contract documents, this Agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book.

4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.

5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.

6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work.

Contractor shall not require more than 8 hours labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and

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employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

Contractor agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

8. Senate Bill 854 Compliance Required. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations.

In accordance with Labor Code Section 1771.4 the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

9. Insurance. The Contractor shall procure and maintain for the duration of the contract and five years thereafter the insurance as specified in Exhibit A of this Agreement.

10. 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 active negligence, sole negligence or willful misconduct. Contractor agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The Contractor’s duty to indemnify shall survive expiration or early termination of this Agreement.

11. 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.

12. 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 California State Board of Mediation and Conciliation, 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

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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.

13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.
a. Notices required to be given to City shall be addressed as follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.

15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.

17. Headings. The title and headings of the various sections of this Agreement and the contract documents are intended solely for convenience of reference and are not intended to explain, modify, or place any construction on any provisions.

18. No Partnership or Agency. Nothing in this Agreement nor the contract documents shall be deemed to constitute a partnership in law between City and Contractor, or any sub-contractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.

19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.

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20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided:
1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives.

21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and GOLDEN BAY CONSTRUCTION, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Public Works Director
Date Donald Russell
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

CITY OF SAN MATEO
Attachments:

Exhibit A: Insurance Requirements

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Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

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

4.Surety Bonds as described below.

5.Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

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

1.The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds 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 and automobiles owned, leased, hired, or borrowed by or on behalf

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of the Contractor. 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, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.

Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the Entity for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best rating of no less than A: VII, unless otherwise acceptable to the Entity.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage

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Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 14-1311 File ID: 24-8734 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: June 03, 2024
SUBJECT:

Downtown Business Improvement Area – Resolution of Intent for Annual Renewal RECOMMENDATION:

Accept the fiscal year 2023-24 Downtown San Mateo Association Annual Report; adopt a Resolution of Intent to Levy the Annual Assessments for the Downtown Business Improvement Area for fiscal year 2024-25; and set a public hearing for the June 17, 2024 City Council meeting for the annual levy.

BACKGROUND:

The Downtown Business Improvement Area (DBIA) was formed in 1986 for the purpose of improving Downtown San Mateo and promoting businesses within the area. The Downtown San Mateo Association (DSMA) has served as the DBIA administrator since its formation. Annually, the DSMA provides the City Council with a report of activities and expenditures for the previous fiscal year and proposes an assessment schedule for the upcoming fiscal year, as required by the California Street and Highways Code Section 36533.

In May 2024, the DSMA submitted its annual report, incorporating a summary of fiscal year 2023-24 activities and proposed program and budget for fiscal year 2024-25 (included as Attachment 2). Before City Council may act on the DSMA’s request to renew the DBIA assessments, the request must be considered at two City Council meetings. At first the meeting on June 3, 2024, the City Council is asked to accept the DSMA’s annual report and adopt a Resolution of Intent to Levy the Annual Assessment (included as Attachment 1). At the second meeting on June 17, 2024, the City Council conducts a public hearing on the proposed assessment schedule and considers adoption.

In 2021, DSMA contracted with NBS, a consultancy specializing in forming special financing districts, to study a new rate structure. The aim was to better reflect the Downtown businesses and share costs more equitably among the businesses in the DBIA. DSMA proposed this review because DBIA fees had remained flat since 2009, and the rates didn’t reflect the current makeup of the Downtown businesses.

After NBS completed their study, DSMA contracted with CivicMic to engage the local business community and facilitate outreach for reviewing the new fee proposal. CivicMic mailed information about the rate-change in English, Spanish, and Chinese, and conducted online meetings. Additionally, a survey was launched to gather merchant feedback about the new rates. DSMA volunteer board members also led an in-person meeting in Downtown to discuss the proposed new rates. The results of these meetings indicated that the business stakeholders were generally aware of the services provided by DSMA and recognized that DSMA's services support their businesses. Furthermore, discussions highlighted cleanliness, beautification, execution of public events, marketing as areas businesses wanted DSMA to focus on in the future, and the need for an Executive Director.

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CITY OF SAN MATEO
After completing outreach efforts, the DSMA requested the City Council amend the basis and method of levy for the Downtown Business Improvement Area (DBIA). A public hearing was scheduled on November 7, 2022. Before the public hearing, the DSMA received feedback from small and medium-sized service and professional businesses requesting reduced rates. In response, the DSMA requested a lower assessment rate tailored for sole proprietors and medium-sized businesses with 6 to 15 employees, aiming to provide some relief. and the modified rates were adopted into the ordinance, becoming effective on July 1, 2023. .

With the updated assessments in place, DSMA‘s next task was to hire a full-time Executive Director. After an extensive search, Mackenzie Jakoubek was hired. Ms. Jakoubek has 15 years of experience in nonprofit management, customer service, and event planning. Since assuming her role, Ms. Jakoubek has addressed administrative tasks that had been neglected since the departure of the previous executive director in 2017. In her capacity, she has diligently worked to cultivate new relationships and engage with Downtown businesses, community allies, and the San Mateo Chamber of Commerce to help enhance the Downtown environment. With a dedicated staff member and increased funding, the DSMA has begun to expanded cleanliness services throughout the Downtown area, enhance marketing efforts to promote Downtown businesses, and develop new event programming to attract both new and returning customers, enriching the Downtown experience. Many of these achievements will be highlighted directly by the DSMA during their presentation to the City Council.

The DSMA anticipates generating approximately $382k in estimated DBIA assessments for FY24-25, aligning with its budgeted expenditures. Additionally, the DSMA will maintain a reserve of $220k.

While there has been dissent about the rates, the majority of stakeholders appear to have adapted to them and have noticed the benefits of additional events, enhanced marketing efforts, and improved cleanliness in the Downtown area and have shared this directly with DSMA.

Next Steps
After the Council adopts the Resolution of Intent to Levy the Annual Assessments (Attachment 1), a notice will be published in the newspaper announcing the public hearing for no less than seven days prior to the meeting on June 17, 2024.

According to Streets and Highways Code Section 36535, if written protests are submitted by business owners in the DBIA, and these protests collectively represent 50% or more of the proposed assessments, no additional actions to impose the assessments will occur for a period of one year. Any written protests received will be provided at the June 17, 2024 Council meeting.

At the June 17th public hearing, Mackenzie Jakoubek, Executive Director of the DSMA, will provide an overview of DSMA’s accomplishments and will be available to address any questions from the City Council and the public prior to Council consideration of levying the assessment for the next fiscal year.

BUDGET IMPACT:

The levying of the annual DBIA assessment does not have an impact on the General Fund.

ENVIRONMENTAL DETERMINATION:

This item 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. As required by the California Streets and Highways Code Section 36534, a notice shall be provided in the local newspaper no less than seven (7) days prior to the June 17, 2024 City Council public hearing.

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CITY OF SAN MATEO

ATTACHMENTS
Att 1 - Proposed Resolution of Intent
Att 2 - DSMA Annual Report for Fiscal Year 2023-24

STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009

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CITY OF SAN MATEO
RESOLUTION NO.____ (2024)
ACCEPTING THE 2023-2024 DOWNTOWN BUSINESS IMPROVEMENT AREA (DBIA) ANNUAL REPORT, RESOLUTION OF INTENTION TO LEVY THE ANNUAL DBIA ASSESSMENT FOR 2024-2025,

AND SETTING THE PUBLIC HEARING
WHEREAS, Streets and Highways Code Section 36533 (Parking and Business Improvement Area Law of 1989) requires the City Council to approve an annual report specifying: (1) the improvements and activities to be provided for that fiscal year; (2) an estimate of the cost of providing the improvements and the activities for that fiscal year; and other information required by Section 36533; and WHEREAS, pursuant to Section 36534 of the Streets and Highways Code, after approving the annual report, the City Council is authorized to issue a resolution of intention to levy an assessment for the 2024-2025 fiscal year; and
WHEREAS, the City Council has received and reviewed the annual report submitted by the Downtown San Mateo Association and hereby confirms said Association as the advisory board for the DBIA; and WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) requirements because it is an administrative activity that will not have a significant effect on the environment per CEQA Guidelines section 15378(b)(5)).

NOW, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY DETERMINES AND RESOLVES THAT:

1. The City Council approves the Downtown San Mateo Association Fiscal Year 2023-24 Annual Report filed by the Downtown San Mateo Association with the City Clerk and declares its intention to levy and collect assessments for the Downtown Business Improvement Area for the Fiscal Year 2024-2025 set forth in Exhibit A attached to this Resolution.

2. The proposed improvements and activities are generally characterized as those activities set fort in Streets and Highways Code Section 36513, including but not limited to: street cleaning, promotion of public events, marketing activities which benefit businesses, decorations, and administrative expenses, including salary, rent, and similar expenditures. The annual report on file with the City Clerk provides a full and detailed description of proposed expenditures and activities, provides the boundaries and zones of benefit of the DBIA, and designates the proposed assessments. A map of the business district boundaries is set forth in Exhibit B attached to this Resolution.

3. A public hearing is hereby scheduled for Monday, June 17, 2024, at City Hall, 330 West 20th Avenue, San Mateo. In accordance with Streets and Highways Code section 36534, the City Clerk is directed to publish this, once in a newspaper of general circulation in the City not less than seven days before the public hearing. Oral and written protests in compliance with Sections 36524 and 36525 of the Streets and Highways Code may be made at the public hearing.

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Resolution No. ___ (2024)
DBIA Intent to Levy Annual Renewal
Exhibit A
Proposed Annual Assessment Schedule FY 2024-2025
Retail (Based on Annual Gross Receipts)
Annual Gross Revenue Proposed 2024-25 Previous 2023-24
Zone 1 Zone 2 Zone 1 Zone 2$0 - $150,000
$200 $100 $200 $100
$150,001 - $400,000 $400 $200 $400 $200
$400,001-$600,000 $800 $400 $800 $400
$600,001-$1,000,000 $1,150 $575 $1,150 $575
$1,000,000+ $1,500 $750 $1,500 $750
Professional (based on number of employees)
Category Proposed 2024-25 Previous 2023-24
Number Of Employees Zone 1 Zone 2 Zone 1 Zone 2
Sole Proprietor,
No employees
$200 $100 $200 $100
1 to 5 Employees $550 $275 $550 $275
6-15 Employees $1,000 $500 $1,000 $500
16-35 Employees $2,300 $1,150 $2,300 $1,150
36-75 Employees $3,050 $1,525 $3,050 $1,525
76+ Employees 1, 2 $3,050 $1,525 $3,050 $1,525
Service (based on number of employees)
Category Proposed 2024-25 Previous 2023-24
Number Of Employees Zone 1 Zone 2 Zone 1 Zone 2
Sole Proprietor,
No employees
$200 $100 $200 $100
1 to 5 Employees $400 $200 $400 $200
6-15 Employees $800 $400 $800 $400
16-35 Employees $1,700 850 $1,700 $850
36-75 Employees $2,300 $1,150 $2,300 $1,150
76+ Employees 3, 4 $2,300 $1,150 $2,300 $1,150
Financial (flat rate)
Category Proposed 2024-25 Previous 2023-24
Zone 1 Zone 2 Zone 1 Zone 2Financial $1,500 $775 $1,500 $775 See footnote for 1,2,3,4

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Resolution No. ___ (2024)
DBIA Intent to Levy Annual Renewal
1 0
2 3
3 Proposed Annual Assessment Schedule FY 2024-2025 (Continued) Retail businesses include but is not limited to businesses that have goods and foods for sale including automotive vehicles and parts dealers, home furnishing stores, jewelers, electronics and appliance stores, building material and garden equipment and supplies dealers, food and beverage stores, full- serve restaurants, limited services restaurants, fast food restaurants, cafeterias, dessert and snack establishments, bars, gasoline stations, clothing and clothing accessories, sporting goods, hobby stores, music instruments, book stores, general merchandise store, wireless phone stores and similar.

Professional businesses include but is not limited to businesses that offer services that are highly specialized and typically require licensing and regulations. Professional service providers and information-based businesses such as software publishers, data processing, network hosting and related services, internet publishing and broadcasting and web search portals, venture capital, insurance agencies and brokerage, real estate agents and brokers, offices of lawyers, accounting, architectural, engineering advertising, translation and interpretation services, veterinary services, offices of physicians, offices of dentists, other health practitioners, and similar.

All businesses classified as Professional shall pay an annual assessment based on the number of full- time equivalency employees.

Sole Proprietor is defined as a self-employed individual who works for themselves without hiring any employees.

Service businesses include but is not limited to providers of personal and business services such as hair salons, nail salons, lock smiths, dry cleaners, auto service and maintenance shops, gyms, vacuum repair shops, educational, childcare, electronic equipment repair, personal care services, and similar.

All businesses classified as Service shall pay an annual assessment based on the number of full-time equivalency employees.

Financial businesses include but not limited to businesses in the financial industry such as money management, payments, digital banking, banks, savings and loan companies, credit unions, finance companies, and similar.

All businesses classified as Financial shall pay a flat annual assessment.

For Professional and Service businesses, the number of employees shall be determined based on Full Time Equivalent of 40 hours a week as reported on the initial business license application and updated thereafter during the annual business license renewal.

Footnote
1 - $3,050 + $14.00 per employee over 75 employees for Zone 1 2- $1,525 + $10.00 per employee over 75 employees for Zone 2 3 - $2,300 + $10.00 per employee over 75 employees for Zone 1 4 - $1,150 + $7.00 per employee over 75 employees for Zone 2

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Resolution No. ___ (2024)
DBIA Intent to Levy Annual Renewal
Exhibit B
DBIA Boundary Map

Zone 1 – Shaded parcels
Zone 2 --Parcels outlined in black

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DOWNTOWNSAN MATEOASSOCIATION
PREPARED BY:

MACKENZIE JAKOUBEK
Executive [email protected] / DSMA.org
FISCAL YEAR 2023-24

ANNUAL REPORT
JULY 1, 2023 - JUNE 30, 2024

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"The difference that I've noticed... is distinctand palpable. As a resident, a follower of theDSMA Instagram account, and recipient of thenewsletter, the buzz around Downtown SanMateo in the past few months feels cohesiveand alive in a way that it hasn't in years." -Sarah Meier-Heredia
“Please know that your efforts havemade a lasting impact on ourcommunity, and I am truly grateful forall that you do.” -Boba Day Business Participant

ACCOMPLISHMENTS AT A GLANCE
61+ Downtownmerchants directlyparticipated in DSMAcommunity events 11 pop up communityevents added toDowntown calendar
Facebook reachincreased by 160%
Instagram reachincreased by 2k+%
30k+ Downtown SanMateo RestaurantGuides distributedthroughout thePeninsula

DOWNTOWN SAN MATEOASSOCIATION SUMMARY
The Downtown San Mateo Association (DSMA) continues
to play a pivotal role in fostering the resilience and vibrancy of Downtown San Mateo. Since 1986, DSMA has managed
the Downtown Business Improvement District, supporting
merchants and nurturing community connections.

Downtown San Mateo is a regional hub for business and
leisure, attracting visitors from across the Bay Area with its diverse mix of businesses, notably its renowned dining
scene, and its strategic location in Silicon Valley.

Under the leadership of Executive Director Mackenzie
Jakoubek, DSMA has prioritized collaboration and
community engagement as key strategies for activating
Downtown San Mateo. Through partnerships with local
organizations and active participation in and coordination of community events, DSMA has successfully enhanced
Downtown's appeal and visibility. Looking ahead to Fiscal Year 2024-25, DSMA remains committed to building upon
its achievements, with a focus on expanding marketing
and activation efforts, bolstering civic partnerships, and enhancing Downtown's cleanliness and attractiveness.

With a projected budget reflecting strategic resource
allocation and continued support from its dedicated Board of Directors, DSMA is poised to further elevate Downtown San Mateo as a vibrant destination for residents, visitors, and businesses alike.
$96k used forDowntown clean-upefforts
JUNE 2024

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In the heart of the Peninsula, Downtown San Mateo stands as a testament to resilience, diversity, and evolution– a dynamic hub where commerce and community connect. At its core is the Downtown San Mateo Association (DSMA), a key player in shaping the district's vibrancy.

Each year since 1986, the DSMA has been designated by City Council to manage the Downtown Business Improvement District. We are honored to be tasked with supporting the merchants of Downtown San Mateo and bringing together the community who loves this downtown district.

FY 2023-24 ANNUAL REPORT

INTRODUCTION
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Thanks to its regionally central location,
Downtown San Mateo is a popular place to
meet for both business and leisure purposes.

Visitors come from San Francisco, Santa
Clara County, the East Bay, and, most often,
nearby Peninsula cities. Downtown is known
for its abundance and variety of restaurants,
which make up more than 20% of district
businesses. It is also an important node in the
Silicon Valley ecosystem, hosting start-ups
and tech-based companies of all sizes. The
presence of Mills Health Center means that
Downtown also includes many medical
professionals and other healthcare uses.

While there are traditional retailers in the
district, the storefronts on most blocks are
dominated by food and drink purveyors,
along with services such as salons, fitness
studios, and banks. Several body shops and
automotive businesses can be found east of
the railroad tracks.

In 2024, COVID-19 is behind us, but remote
work remains prevalent. The hybrid work
model continues to shape the reality of the
Bay Area, and the traditional Monday
through Friday, 9-5 office routine has
become less common. However, due to the
balance between housing and office spaces
in Downtown, workers and residents can be
observed working in coffee shops and
restaurants throughout the day. The hybrid
work setup also facilitates flexibility for
fitness studios, salons, and other personal
services to cater to clients at various times,
FY 2023-24 ANNUAL REPORT

DOWNTOWN SANMATEO OVERVIEW
especially during lunch hours. Weekends
are consistently busy, particularly in the
evenings, with residents and visitors
enjoying Downtown’s varied offerings.

Like all downtown areas, San Mateo has
encountered challenges in the past year.

Some small businesses continue to feel the
financial setbacks from COVID, impacting
their operations today. Rising costs due to
inflation have further squeezed their bottom
lines. Additionally, recent layoffs in Silicon
Valley have brought about uncertainty,
leading to reduced personal spending,
particularly on dining out, personal services,
and consumer goods.

Downtown San Mateo grapples with
common challenges for all business
districts. Downtown patrons voice
dissatisfaction with congested traffic,
insufficient parking availability, and unclean
surroundings. While businesses voice
discontentment around rising costs,
inconsistent foot traffic, difficulty finding
help, and other day-to-day obstacles.

Despite these obstacles, the overall
Downtown outlook from businesses and
visitors is positive. New businesses continue
to open up in our district, often citing safety,
cleanliness, and lively atmosphere as the
main reasons for selecting Downtown San
Mateo. Visitors have noted the positive
energy of Downtown, especially with the
increase in special events over the past
year.

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In November 2022, the City Council
approved a modification to the assessments
for Downtown's business improvement
district (BID). This decision was necessary,
as the assessments had not received an
increase since 2009, and the fee structure
remained largely unchanged since the BID's
establishment in 1986. The updated
assessments aim for equity, ensuring that all
businesses that benefit from the BID
contribute their fair share to keep the
Downtown clean, safe, and lively.

Additionally, the new assessments better
reflect the diverse mix of businesses in
Downtown, spanning retail, professional
services, technology, and personal services.

Under the previous assessments, DSMA was
unable to hire full-time staff or expand
operations. The approval of the assessments
and annual levy are essential for the DSMA's
success. It allows DSMA to partner with the
City on the mission of fostering an active and
sustainable Downtown for businesses,
visitors, and residents.

In July 2023, DSMA hired Executive Director
Mackenzie Jakoubek. With more than 15
years of experience in nonprofit
management, customer service, and event
planning, Mackenzie hit the ground running,
adding to the incredible efforts over the past
five years from DSMA’s all-volunteer “army”
of Board Members.

FY 2023-24 ANNUAL REPORT

DSMA OVERVIEW
Mackenzie’s first goal was to connect with
and learn from Downtown merchants,
DSMA Board members past and present,
City of San Mateo staff and leadership,
involved residents, and her counterparts at
other BIDs. She quickly became the “face” of
DSMA and brought attention and
enthusiasm to Downtown San Mateo. At the
same time, she tackled administrative tasks
that had not been addressed since 2017,
when the last Director was in place.

One important theme for Mackenzie in her
first year was collaboration. By collaborating
with like-minded entities, the DSMA aims to
achieve more, collectively, recognizing that
a combined effort yields greater results for
Downtown San Mateo. Through
partnerships with San Mateo Parks &
Recreation, San Mateo’s City Manager’s
Office, Self-Help for the Elderly, San Mateo
Age-Friendly Coalition, B Street Boosters,
and San Mateo Area Chamber of
Commerce, plus many BID members, DSMA
has been able to achieve far more than if
working alone.

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DSMA activities for the past several years have addressed three focus areas: Community Engagement, BID Member Engagement, and Civic Partnership.

FY 2023-24 ANNUAL REPORT

DSMA FOCUS AREAS

COMMUNITYENGAGEMENT
Community engagement focuses on coordinating events and marketing. The goal is to drive traffic Downtown and connect the community with our wonderful and diverse businesses. The primary audiences for community engagement are Downtown workers, San Mateo and Peninsula residents, and visitors to local hotels and events.

COMMUNITY EVENTS (*INDICATES POP UP PERMIT EVENT)
North B Fiesta (Aug 27): This annual
event is a way for the merchants of North
B Street to thank their loyal customers
and share arts and culture from the many
Latin and Hispanic groups represented
on the block. DSMA was a sponsor and
booth participant.

September Nights on B (Sep 7 & 14):

Live music event on the Pedestrian Mall
hosted by the City of San Mateo with
support from the DSMA.

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FY 2023-24 ANNUAL REPORT
COMMUNITY EVENTS CONT’D
San Mateo Fall Fest (Sep 30): This day-
long event offered a variety of live music,
entertainment, local arts, and family-
friendly activities on B Street and beyond,
presented by the San Mateo Area
Chamber of Commerce in conjunction
with California Artists. DSMA was a
sponsor and assisted the Chamber with
coordination and fundraising.

BOOs on B Street & Trick or Treating
(Oct 28): A close collaboration between
San Mateo’s Parks & Recreation
Department and DSMA, BOOs on B
Street welcomed hundreds of kids to the
B Street pedestrian mall to enjoy carnival
games, face painting, a bounce house,
and Halloween activities. DSMA
coordinated with 31 Downtown
merchants who provided candy to
adorable trick-or-treaters. Many
attendees also participated in our
Halloween scavenger hunt that led them
through the entire Downtown.

Las Posadas* (Dec 3): The merchants of
North B Street welcomed their loyal
customers and Holiday Train visitors to
their storefronts with warm cider, gift
bags, and other treats. Unidos en Cristo
sang Spanish-language Christmas carols
throughout the block. The event was
coordinated by the North B Merchants
with DSMA support.

Pre-Holiday Train Entertainment*
(Dec 3): Caltrain’s beloved annual
Holiday Train stopped at the San Mateo
station the evening of Dec 3rd. To
entertain the large crowd (mostly
families with small children) as they
gathered, DSMA coordinated a
demonstration from Core Taekwondo
and a festive holiday music performance
from San Mateo High School’s
Symphonic Band.

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FY 2023-24 ANNUAL REPORT
COMMUNITY EVENTS CONT’D
Jazz on B Street* (Dec 10 & Mar 3): In
December, the Perfect Fifths, Aragon
High School’s elite jazz ensemble, filled
the Pedestrian Mall with festive holiday
music. In March, Hillsdale High School
Knight Train Ensemble gave an energetic
jazz performance that delighted
Downtown San Mateo visitors despite
some rain.

Lunar New Year* (Jan 27): DSMA, San
Mateo Self-Help for the Elderly,
Peopleologie, Core Taekwondo, Lion
Dance ME, and San Mateo Parks and
Recreation participated in this
celebration of the Year of the Dragon.

Three community booths and Parks &
Rec mobile games offered activities for
kids, and Lion Dance ME gave an
incredible performance and paraded
through the pedestrian mall.

Valentine’s Day Photobooth* (Feb 14):

As an added bonus for celebrating
Valentine’s Day in Downtown San Mateo,
DSMA offered free and fun photos to
visiting sweethearts, families,
and groups of friends, elevating the
Downtown experience for all.

Putting Pop Up* (Feb 24): Perform for
Golf furnished a putting green and a
chipping practice area on B Street in
front of their new storefront. Visitors of
all ages were encouraged to try out
their golf skills while enjoying
Downtown.

Perform for Golf Grand Opening*
(April 13): Perform for Golf hosted a
grand opening event, inviting the public
into their new space, while showcasing
several other Downtown businesses
through vendor booths. DSMA
supported and promoted the event.

Music Pop Up* (April 20): Makule, a
duo of San Mateo residents, Charlie
Chin and Victor Labrador, performed
American Folk, Latin Romantic,
Hawaiian, and Blues music for delighted
Downtown visitors.

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FY 2023-24 ANNUAL REPORT
COMMUNITY EVENTS CONT’D
Downtown San Mateo Boba Day*
(April 28): Downtown San Mateo is
lucky to have a number of top-notch
boba shops in our district. To bring
attention to these businesses, DSMA
hosted the first ever Downtown San
Mateo Boba Day. Businesses were
encouraged to give discounts and
samples in order to gain new
customers. DSMA and supporting
partners provided fun activities on B
Street for families and took votes on
the “Downtown San Mateo’s Favorite
Boba 2024.”
Ukulele Jam* (May 18): Charlie Chin
and Victor Labrador led uke-
enthusiasts in a play-along on B Street.

Experienced musicians and curious
newcomers were encouraged to
participate. The San Mateo Public
Library supported this event by lending
ukuleles to all interested. Takahashi
Market donated fun prizes.

Juneteenth* (June 15): In collaboration
with the African American Library
Advisory Committee (AALAC), DSMA
hosted a Juneteenth celebration with
entertainment and community booths.

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DSMA uses social media, email newsletters, and DSMA.org to connect with the community.

Contracted a travel photographer to get updated snapshots that better represent our lively Downtown for social media, website, and other marketing use Announce DSMA events, Downtown happenings, storefront openings & anniversaries, sales and promotions, City of San Mateo announcements, and Downtown businesses in the news Project the Downtown “brand” by sharing snapshots of Downtown (both current and nostalgic), sharing videos and photos after Downtown events occur, highlighting district businesses, and engaging with other San Mateo-related accounts to keep Downtown San Mateo in the conversation
Bring awareness and excitement to campaigns such as Shop Small to Win Big and the Downtown San Mateo Restaurant Guide
Since July 2023, DSMA’s Facebook reach has increased by 160% and we have gained 395 new followers. Our Instagram reach has increased by more than 2,000% and gained over 1,000 new followers. The number of Downtown San Mateo Association Community News email subscribers has increased by 55%.

FY 2023-24 ANNUAL REPORT

DIGITAL MEDIA

PRINT ADVERTISING & OTHER MARKETING
Booth outreach promoting Downtown at the San Mateo Public Library Foundation’s San Mateo Celebrates! and KCSM’s Jazz on the Hill
Ads placed in Central Park during Parks & Recreation events Updated the Downtown San Mateo Restaurant Guide and distributed them through Downtown businesses, community events, and Peninsula hotels More than 30,000 Downtown San Mateo Restaurant Guides were distributed across the Peninsula via the Saturday, April 13 edition of the San Mateo Daily Journal. This allowed the guides to reach potential visitors from South San Francisco to Palo Alto to Half Moon Bay Posters and flyers placed throughout the district to advertise community events Engagement with local media to highlight DSMA events and other Downtown happenings.

Topics for published articles included BLOCK71, Hawaii relief efforts by Atlas Skateboarding, and Downtown San Mateo Boba Day.

Downtown San Mateo ad on the digital billboards at the San Mateo County Event Center during the 2024 County Fair
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FY 2023-24 ANNUAL REPORT

BID MEMBERENGAGEMENT
Co-hosted Mix & Mingle with San Mateo
Chamber of Commerce, connecting their
members and ours
Hosted the Annual Member Appreciation
Party, encouraging DSMA members to
socialize and connect with each other
Support North B merchants group at
monthly meetings and provide liaison to
city services. In order to better
collaborate with North B merchants, we
welcomed Lorry Morales, Manager at La
Pinata, onto the DSMA Board.

Collaborated with Downtown merchants
on community events, offering
sponsorship and partnering opportunities
to help enhance brand recognition.

Putting Pop Up was a win-win for
Perform for Golf, which had just
opened on B Street, and the DSMA.

While providing the putting practice
resources to the community for free,
Perform for Golf was able to
introduce their brand to potential
new clients.

Downtown San Mateo Boba Day was
both a community event and a way to
drive traffic to individual boba shops.

By participating, boba shops would
have their brands featured in event
marketing and benefit from
excitement around the event.

Takahashi Market supported the
Ukulele Jam in May by donating
give-aways. This, in turn, provided
exposure to their business.

Developed welcome guide and used in
outreach visits to new Downtown
businesses
Worked with the San Mateo Area
Chamber of Commerce on the “Shop
Small to Win Big!” campaign for Small
Business Saturday. This campaign
helped drive business to San Mateo
merchants the Saturday after
Thanksgiving, but more importantly,
brought attention to the many small
businesses in our district. Several
businesses also supported the campaign
by donating prizes and handing out
postcards, which brought them
additional recognition.

Downtown San Mateo Association
Member News email shares events,
business resources and opportunities,
and Downtown news coverage via email
with 500+ subscribers once a month. It
garners positive feedback from many
businesses and consistently has an open
rate of 45%.

While BID membership is automatic based on a district address, awareness and participation are not. The DSMA strives to engage BID members and add value for the many types of businesses Downtown.

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FY 2023-24 ANNUAL REPORT
Published and distributed “Your Role in a
Clean Downtown” brochures
Created new holiday banners, placed on
B Street from Tilton to 3rd Avenue
Regular communication with San Mateo
Police Department, adding to the safety
and security of Downtown
Funded extra cleaning services;
Downtown porters picked up litter and
addressed other cleanliness issues 7
days a week. This year, after community
feedback, they expanded regular
cleanings to Zone 2.

DSMA Beautification & Improvements
Committee restarted district “walk-
arounds” to identify and address
cleanliness and maintenance problems
Facilitated discussions with stakeholders
to initiate community murals

DOWNTOWN BEAUTIFICATION & CLEANLINESS
Worked with involved businesses to
make improvements on landscaping
Reviewed proposals and prepared plans
for supplemental power washing to begin
in FY25
Participated in discussions on the
creation of a new Downtown public
bathroom

CIVICPARTNERSHIP
DSMA routinely works with City of San Mateo staff from Public Works, Parks & Recreation, and the City Manager’s Office on projects affecting Downtown.

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FY 2023-24 ANNUAL REPORT

ADDITIONAL CIVIC PARTNERSHIP ACTIVITIES
Business outreach for City initiatives
including grant opportunities, flood
prevention, and emergency
preparedness awareness (Example:
sharing information about $5,000
restaurant grant in spring 2024)
Promotional support for City-sponsored
large-scale events including Central Park
Music Series, Winter Wonderland,
Eggstravaganza, and September Nights
on B, plus smaller events at the San
Mateo Public Library and San Mateo
parks
Maintained Walgreens community
window, ensuring fair use for community
organization advertising
Responded to businesses' complaints
and inquiries, and resolved issues
whenever possible or facilitated
connections with the appropriate
entities for further assistance
Facilitated DSMA Board meeting
presentations from Flood Free San
Mateo, ReThink Waste, City of San
Mateo’s Public Works Department, and
the San Mateo Consolidated
Fire Department’s Office Of Emergency
Services
Participated in “Revv Up Downtown,” a
working group to help coordinate
activation events Downtown
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FY 2023-24 ANNUAL REPORT
Integrate the newly hired Executive Director into the fabric of Downtown as quickly and smoothly as possible
Continue to support marketing, outreach, and public safety information Continue to partner with City staff to continue the support of Downtown Plan to restart the Downtown walk around with City staff and DSMA board members Refresh, print, and distribute the printed Downtown San Mateo Restaurant Guide and Your Role in a Clean Downtown brochure
Sponsor and promote Downtown events (eg. Music in the Park, September Nights on B Street, College of San Mateo Centennial etc.)
Create relationships with developers and tech companies coming into the area Regular updates to City council to share information about Downtown activations, special events, and Downtown business news
Set up Board Committees to facilitate more participation Advertise the new DSMA website to further market to and engage the public to visit Downtown businesses
PROGRESS ON FY 2023-24 GOALS
GOALS
Last year’s goals are listed below and rated “Successful,” “Continuing Efforts,” or “Delayed.” The nature of DSMA’s work is one of continuing improvement and growth; even if we are successful, no goal is ever complete.

SUCCESSFUL
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FY 2023-24 ANNUAL REPORT
Develop a communications plan to further the DSMA brand Implement targeted messaging campaigns throughout the year which will feature various Downtown attributes
Develop social media advertising
Continue print ads in the local paper, the San Mateo Daily Journal Regular representation at Council, task force, and Commission meetings Expand board membership
Improved board member participation
Strengthen economic development collaborations with local organizations Research the impact of installing a public restroom in Downtown, closer to the core of the Downtown

CONTINUING EFFORTS
Explore the possibility of college interns helping with DSMA operations and events Restart hotel magazine ad campaign (we are evaluating the best use of our marketing budget)

DELAYED
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FY 2023-24 ANNUAL REPORT
DSMA will continue with our successes from FY 2023-24, growing projects as needed and making coordination more efficient. In addition, DSMA aims to achieve the following in FY 2024-

25. Initiate supplemental power washing services to enhance Downtown's cleanliness, offering cleaning services beyond what is provided by the City of San Mateo Continue and grow pop-up events on the B Street Pedestrian Mall and beyond, bringing energy and visibility to Downtown
Expand marketing efforts to San Francisco and the greater Bay Area Hire a third party to conduct a financial audit
Support the City of San Mateo with the Downtown Specific Plan and the “Revv Up Downtown” working group
GOALS FOR FISCAL YEAR 2024-25
PROPOSED DSMA EVENTS FOR FY 2024-25 (* INDICATES POP UP EVENT PERMIT) July (date TBD): Game meetup*
July (date TBD): Music performance in
partnership with Fogbird*
August (date TBD): Music performance
in partnership with Fogbird*
August (date TBD): Kid-centered
performance or activity*
August 25: North B Fiesta (North B
Merchants with DSMA support)
September 12 & 19: September Nights on
B (City of San Mateo event, DSMA will
support)
September 28: San Mateo Fall Fest &
Celebration of the Arts (San Mateo Area
Chamber of Commerce event with
DSMA support)
October (date TBD): Music or other
performance*
October 26: BOOs on B Street
(collaboration with San Mateo Parks &
Recreation)
November 30: Small Business Saturday
(booth with information and giveaways,
music performances)*
December 8: Pre-Holiday Train
entertainment*
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FY 2023-24 ANNUAL REPORT
PROPOSED DSMA EVENTS CONT’D
December 8: Las Posadas (North B
Merchants event with DSMA support)*
December 15: Pop up holiday music
event featuring San Mateo high schools*
January 25 (tentative date): Lunar New
Year*
February 14: Valentine’s Day pop up*
February (date TBD): Pop up event*
March (date TBD): Pop up event*
April (Date TBD): Pop up* collaboration
with College of San Mateo’s Learning
Communities (cultural performances)
Early May (date TBD): Downtown San
Mateo Boba Day
June (date TBD): Juneteenth
Additional pop up events will be added as budget and schedules allow.

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FY 2023-24 ANNUAL REPORT
BUDGET
FY 2023-24 saw a significant increase in revenue due to the BID assessment modification approved by City Council. We anticipate FY 2024-25 revenue will remain the same, or increase slightly due to new businesses opening in the district. We have also added a line for potential sponsorship revenue. Sponsoring activities Downtown is a way for businesses and community organizations to show their whole-hearted support for Downtown San Mateo activation.

Spending in FY 2023-24 was slightly conservative as the Board wanted to see the full impact of the assessment change. For FY 2024-25, DSMA will have a better understanding of assessment revenue and can use the expense budget more effectively.

The expense highlights are:

Programmatic
Community events
Banners
Civic Partnership
Downtown Cleaning Porter
Marketing
Advertising and Promotion
Social Media contractor
Photographer
Payroll & Professional Services
Executive Director
Internship
Administration
A small contingency fund for unplanned expenses
The DSMA projects a cash balance of $211.0K at the start of FY 2024-25 and projects a cash balance of approximately $211.0K at the end of the budgeted FY 2023-24.

DSMA is redirecting the savings from sharing an office with the Downtown Coordinator towards programs that support our mission. While DSMA doesn’t utilize any city equipment, the shared space fosters a closer relationship between DSMA, the City, and Downtown businesses. We would like to express our sincere gratitude to the City for providing the shared space and for its ongoing support and partnership.

ESTIMATED INCOME ANDEXPENSES FOR FY 2024-25
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FY 2023-24 ANNUAL REPORT
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President, Lew Cohen, B Street Books
Vice President, Colleen Rafferty, Christensen & Rafferty Fine Jewelry Treasurer, Cathy Levitt, Tri Counties Bank
Robert Anderson, Downtown Resident
Steve Carey, LifeMoves
Martin Kent, Draper University
Tyson Mao, Wursthall
Lorry Morales, La Pinata
Joe Sully, Downtown Building Owner
Susan Uzunoglu, Susan’s European Beauty Therapy
FY23-24 ANNUAL REPORT

DSMA BOARD
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CITY OF SAN MATEO

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: 10-4679 File ID: 24-8747 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 03, 2024
SUBJECT:

Columbia Drive/Crystal Springs Storm Drain Improvement – Amendment RECOMMENDATION:

Approve Amendment No. 1 to the agreement with Freyer & Laureta, Inc. for design professional services for the Columbia Drive/Crystal Springs Storm Drain Improvement Project in the amount of $28,000, for a new total agreement amount of $136,400; extend the term of the agreement through October 1, 2025; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

BACKGROUND:

The Columbia/Crystal Springs Storm Drain Improvements Project (Project) will divert stormwater runoff from an existing open earth ditch to a new stormwater collection system to address ongoing flooding issues. The initial alignment of the proposed project was planned to be constructed within the public right-of-way along Columbia Drive, Tulane Road, and Crystal Springs Road. Due to restrictions related to the Estero Municipal Improvement District (EMID) water main that serves Foster City, the alignment was revised to be constructed within the original public utility easement within the open earth ditch. The final selected alignment may require the City to obtain additional easements in areas to include portions of the proposed storm drain that may necessarily be located outside the current public utility easement.

On May 15, 2023, City Council awarded an agreement to Freyer & Laureta, Inc. (F&L) to provide design professional services for the Project. However, the agreement did not anticipate scope for preparation of easement documents, engineering services during construction, or arborist consultation. During the Project’s design phase, it became apparent that an arborist consultation was necessary to address trees and tree protection plans within the final selected alignment and that support for easements were likely.

Staff reviewed and negotiated F&L’s proposed fee and scope of work under Amendment No. 1 to provide these additional services. Staff believes the cost is reasonable for the scope of work and recommends amending the agreement with F&L to increase compensation in a not-to-exceed amount of $28,000, for a total agreement amount of $136,400. Amendment No. 1 for the agreement will also extend the term through October 1, 2025 to cover the anticipated duration of construction for the Project. A contingency of $11,000 was included in the original Agreement, and staff is not recommending additional contingency at this time.

In accordance with Municipal Code Section 3.60.030, a competitive public process was used to obtain bids for construction of the Project. A Notice Inviting Sealed Proposals was issued to advertise the Project on April 24, 2024. The bid opening date occurred on May 22, 2024, and staff’s review of bids received is currently underway. Staff will bring a future construction contract award recommendation and, if necessary, resolutions approving grants of easements, to City Council prior to the construction occurring in late summer/fall 2024.

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CITY OF SAN MATEO
BUDGET IMPACT:

Sufficient funds are available in the Columbia/Crystal Springs Storm Drain Project (468007) to fund the cost of Amendment No. 1.

ENVIRONMENTAL DETERMINATION:

This Project is 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 existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 1

STAFF CONTACT
James Yang, Associate Engineer
[email protected]
650-522-7575
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315

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Contract Amendment Page 1 of 4
CAO Approved March 2024
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8 AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
FREYER & LAURETA, INC. FOR DESIGN PROFESSIONAL SERVICES FOR

COLUMBIA DRIVE/CYRSTAL SPRINGS STORM DRAIN IMPROVEMENTS ($108,400 [Original Amount], $28,000 [Amendment No. 1]) This Amendment is 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 FREYER & LAURETA, INC. ("CONSULTANT").

WHEREAS, on May 31, 2023, CITY and CONSULTANT executed an agreement for design professional services (“Agreement”) for the Columbia Drive/Crystal Springs Storm Drain Improvements (“Project”) in the amount of $108,400; and

WHEREAS, during the design phase of the Project, it was discovered that additional services from CONSULTANT are needed; and
WHEREAS, CITY and CONSULTANT wish to amend the Agreement to increase the scope of services, extend the term of the Agreement, and increase compensation by $28,000, for a new total Agreement amount of $136,400.

NOW, THEREFORE, the parties agree as follows:

1. Section 4, “Term,” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on May 16, 2023 and be completed on October 1, 2025.”

2. Section 5, “Payment,” of the Agreement is amended to read:
“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 CONSULTANT a fee in an amount not to exceed $136,400, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”

3. The attached Exhibit A, noted in this Amendment No. 1, hereby replaces the existing Exhibit A in this Agreement in its entirety.

4. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]

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Contract Amendment Page 2 of 4
CAO Approved March 2024
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8 IN WITNESS WHEREOF, CITY OF SAN MATEO and FREYER & LAURETA, INC. have executed this Amendment on _________________.

CITY OF SAN MATEO FREYER & LAURETA, INC.

Matthew Fabry
Director of Public Works
Date Jeffrey J. Tarantino
Its Authorized Agent
Executive Vice President
Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
Linh P. Nguyen
Assistant City Attorney
Date David Freyer
Vice President
Date

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Contract Amendment Page 3 of 4
CAO Approved March 2024
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8 Exhibit A
Scope of Services
Task 1: Prepare Construction Documents ($89,600)
F&L will prepare an amended BOD, 90%, and Bid submittals for the proposed project. Through discussions with the City, the pipe alignment will be modified from the Basis of Design Report dated October 8, 2021. F&L will prepare an amended BOD Report to show the proposed pipe alignment within the existing PUE.

Amended BOD
F&L will provide the City with one PDF copy of the amended BOD for review and comment. F&L will participate in one design review workshop following the amended BOD submittal.

Construction Drawings
F&L will prepare the 90% and Bid submittals for the proposed project. F&L will provide the City with one PDF copy for the 90% and bid submittal for review and comment. F&L will participate in one design review workshop following the 90% submittal.

F&L will provide written response to comments provided during the 90% submittal. The written response to comments will include a brief description of how the City comments have been incorporated into the specification and/or drawings.

F&L will provide a Bid submittal PDF copy for City final review. F&L will participate in a conference call with City staff to address any minor comments on the Bid submittal to prepare the final construction documents for bid. The final bid documents will be provided in PDF format only for use by the City.

Arborist
Due to the number of trees within the existing PUE, F&L engaged WRA, Inc. to conduct a tree survey and arborist report to help inform the proposed pipe alignment. WRA, Inc. provided an arborist report, including the tree survey, for the City’s review. During conversations with WRA, Inc., it was recommended to give an allowance for the arborist to review the 90% submittal for any proposed surface improvements around the existing trees captured within the tree survey.

Deliverables:
•BOD Amendment (including 30% Drawings)
•90% Design Submittal
•Written response to City Comments (90% Submittal)
•Bid Submittal
•Arborist Report
Task 2: Pothole and Survey ($14,300)
F&L will conduct additional topographic survey within the existing PUE, boundary survey to search for monuments that mark the property line/centerline of easement, and preparation of Record of Survey.

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CAO Approved March 2024
1 0
2 3
8 Deliverables:
•Record of Survey
Task 3: Bid Support ($7,300)
F&L will provide bid support including the following:
•Prepare for and attend one pre-bid meeting including preparing a meeting agenda. •Manage the meeting sign in sheet.
•Prepare meeting minutes.
•Prepare one addendum, if needed, for the Project including a draft submittal to the City.

Task 4: Engineering Services During Construction ($17,600) The F&L team will provide engineering services during construction, including •Participate in one preconstruction meeting;
•Provide up to three site visits for the F&L team;
•Provide as-needed assistance to review submittals;
•Review and provide responses to up to six Requests for Information (RFI); •Prepare no more than three design clarifications;
•Provide as-needed correspondence for a period of up to six months at an assumed level of effort of no more than four hours per month;
Deliverables:
•RFI responses
•Design Clarifications
Exclusions:
•Inspections (including arborist supervision)
•Construction Staking
Task 5: Prepare Easement Documents ($7,600)
The F&L team will provide services to prepare easement documents for the pipe alignment in 771 Crystal Springs Road, San Mateo. In order to prepare the easement documents, F&L will pull a title report for 771 Crystal Springs Road. F&L will prepare a draft easement document for the City to review and provide comments. F&L will respond and update the easement document up to two times prior to submitting a final easement for the City’s use. F&L assumes that the easement documents required are a plat and legal of the proposed easement.

Deliverables:
•Title Report for 771 Crystal Springs Road (for City’s reference) •Draft Easement Documents
•Final Easement Documents
Exclusions:
•Surveying

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CITY OF SAN MATEO

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: 10-3134 File ID: 24-8749 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: June 3, 2024
SUBJECT:

Administrative Hearing Officer On-Call Services – Agreements RECOMMENDATION:

Approve agreements with Civica Law, Nastich Law, and Michael Roush for on-call administrative hearing officer services for a period of five years in the amount of $300,000 for each agreement, for a total not-to-exceed amount of $900,000; and authorize the City Manager to execute each agreement in substantially the form presented.

BACKGROUND:

The City’s Administrative Citation Ordinance (San Mateo Municipal Code (SMMC) Chapter 1.10) establishes procedures for the issuance of administrative citations for violations of certain provisions of the SMMC. On October 17, 2022, the City Council introduced an Ordinance to amend SMMC Section 1.10.060 "Appeal of Administrative Citation" and Chapter 2.21 “Community Relations Commission” to create an administrative citation appeal procedure before an impartial hearing officer related to violations of technical building and health and safety codes. This ordinance was adopted on November 7, 2022, and went into effect 30 days afterwards. To implement this appeals process, the City needs to engage independent legal professionals to act as hearing officers to conduct appeal hearings. With a bench of qualified hearing officers in place, the City will have the ability to ensure that appeal hearings can be conducted and processed in a timely manner.

On January 24, 2024, the City issued a Request for Proposals (RFP) for Administrative Hearing Officer Services. Six proposals were received by the February 14, 2024 deadline. After review of the proposals by staff, four law firms and individuals were invited to an interview during the week of March 11, 2024. Based on the outcome of those interviews, three firms/individuals were selected as meeting the City’s requirements to provide Administrative Hearing Officer Services.

Civica Law has shown itself to be an experienced public law firm, specializing in code enforcement, municipal law, and administrative proceedings. Nastich Law has demonstrated extensive background in conducting and managing administrative hearings. Michael Roush has served numerous cities in California, hearing appeals to notices of violations about building code, property maintenance, and rent control.

Based on the expertise demonstrated by these three firms and the City’s anticipated need to process and conduct appeals of administrative citations in a timely manner, staff recommends entering into agreements for Administrative Hearing Officer Services with Civica Law, Nastich Law, and Michael Roush. Each firm will serve as a hearing officer for the City as needed on a rotating basis. Having a bench of qualified hearing officers will ensure that an appeal hearing can be held in a timely manner in the event one of the attorneys has a conflict of interest and/or is unavailable.

BUDGET IMPACT:

Administrative hearings or any other work performed by these on-call hearing officers will be accounted for in the existing

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Community Development Department's Annual Budget for Code Enforcement, with the specific funding source dependent on the nature of the appeal.

ENVIRONMENTAL DETERMINATION:

The approval of these Agreements is not subject to CEQA review under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the approval of hearing officer agreements may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).) NOTICE PROVIDED:

All meeting noticing requirements were met.

ATTACHMENTS
Att 1 –Agreement with Civica Law
Att 2 –Agreement with Nastich Law
Att 3 –Agreement with Michael Roush

STAFF CONTACT
Eugene Alper, Code Enforcement Manager
[email protected]
(650) 522-7154
Zachary Dahl, Interim Community Development Director
[email protected]
(650) 522-7207

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AGREEMENT WITH CIVICA LAW

FOR PROFESSIONAL

HEARING OFFICER SERVICES
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 CIVICA LAW GROUP, a Professional Corporation (“CONTRACTOR”), whose address is 4000 Barranca Parkway, Suite 250, PMB #782, Irvine, CA 92604.

RECITALS:

A. CITY desires certain professional hearing officer services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these professional hearing officer services by reason of his 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, 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 agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

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

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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 upon full execution of this agreement and be completed five years from the execution date.

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 a fee in an amount not to exceed $300,000, pursuant to rates stated in Exhibit B to this Agreement, 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 CONTRACTOR’s work 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.

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONTRACTOR shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement, although instruments of professional service, 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 professional hearing officer 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 negligent performance of this Agreement, except 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. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE
CONTRACTOR shall procure and maintain for the duration of the Agreement and three years thereafter the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NON-ASSIGNABILITY
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 PROFESSIONAL

SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the professional calling necessary to perform 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.

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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, 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.

SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 - 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 Agreement 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 18 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. CONTRACTOR shall not 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 19 - 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.

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SECTION 20 - 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 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Assistant City Manager
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONTRACTOR: Civica Law Group, APC
Attn: COO
3240 El Camino Real, Suite 190
Irvine, CA 92602
949-592-0165
SECTION 22 - 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.

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SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - 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.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and CIVICA LAW GROUP have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Matthew R. Silver
Civica Law Group
Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
•Contractor shall serve as a Hearing Officer for the City of San Mateo (“City”) and will provide professional services, including all work necessary for the effective handling of the City’s administrative hearings.
•The Hearing Officer conducts the public hearing, receives testimony and other evidence from all parties regarding the issues, and makes a written decision based on findings. •The time frame for conducting hearings and issuing a decision is specified in the San Mateo Municipal Code, but generally a decision is issued within ten (10) days of the conclusion of the hearing.
•Findings and decisions are prepared by the Hearing Officer and issued to the involved parties. The number of hearings is expected to be few at the beginning of the assignment, and growing as the need expands.
•The hearings may be virtual or in person at the discretion of the City. •The hearings are varied and may cover tenant relocation, health and safety, building and technical codes, San Mateo Municipal Code violations, and other matters as required by the San Mateo Municipal Code.
•The Hearing Officer may impose penalties, award enforcement costs, and/or issue corrective/abatement orders as authorized by the San Mateo Municipal Code. •Hearing preparation may include review of the hearing and file materials, consultation with administrative staff, and knowledge of relevant City and State Code provisions. •Additional services such as issuing findings of facts, making recommendations, or making decisions in miscellaneous matters may also be included. •The City shall provide at its sole expense a hearing room, use of copying equipment, case file packets, and documents.
•The City will also provide the necessary clerical support for the Hearing Officer to conduct City business.

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EXHIBIT B

FEE RATES
$265 per hour for attorney level hearing officer services. $160 per hour for paralegal and law clerk services.

Contractor’s rates shall be subject to an adjustment of up to five percent rounded up to the nearest dollar each fiscal year to offset rising costs.

Reimbursable costs:

City shall reimburse Contractor for all cost and expenses incurred by Contractor in providing legal services under this Agreement, including but not limited to, printing and document production (at $0.16 per copy for black & white, and $0.60 per copy for color), travel costs, and automobile mileage at the prevailing IRS rate.

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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.

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONTRACTOR’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate 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.

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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.

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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AGREEMENT WITH NASTICH LAW

FOR PROFESSIONAL

HEARING OFFICER SERVICES
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 NASTICH LAW, a Professional Corporation (“CONTRACTOR”), whose address is 2341 Derby Street, Berkeley, CA 94705.

RECITALS:

A. CITY desires certain professional hearing officer services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these professional hearing officer 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, 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 agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

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

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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 upon full execution of this agreement and be completed five years from the execution date.

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 a fee in an amount not to exceed $300,000, pursuant to rates stated in Exhibit B to this Agreement, 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 CONTRACTOR’s work 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.

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONTRACTOR shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement, although instruments of professional service, 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. CITY agrees that CONTRACTOR may disclose that it is a contractor to the CITY performing the services described herein.

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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.

SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the professional hearing officer 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 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. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE
CONTRACTOR shall procure and maintain for the duration of the Agreement and three years thereafter the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NON-ASSIGNABILITY
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 PROFESSIONAL

SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the professional calling necessary to perform 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.

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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, 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.

SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 - 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 Agreement 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 18 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. CONTRACTOR shall not 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 19 - 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.

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SECTION 20 - 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 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Assistant City Manager
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONTRACTOR: Summer Nastich
Nastich Law, a Professional Corporation
2341 Derby Street
Berkeley, CA 94705
415-794-4210
SECTION 22 - 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.

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SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - 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.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and NASTICH LAW have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Summer Nastich
President and CEO
Nastich Law, a Professional
Corporation
Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
•Contractor shall serve as a Hearing Officer for the City of San Mateo (“City”) and will provide professional services, including all work necessary for the effective handling of the City’s administrative hearings.
•The Hearing Officer conducts the public hearing, receives testimony and other evidence from all parties regarding the issues, and makes a written decision based on findings. •The time frame for conducting hearings and issuing a decision is specified in the San Mateo Municipal Code, but generally a decision is issued within ten (10) days of the conclusion of the hearing.
•Findings and decisions are prepared by the Hearing Officer and issued to the involved parties. The number of hearings is expected to be few at the beginning of the assignment, and growing as the need expands.
•The hearings may be virtual or in person at the discretion of the City. •The hearings are varied and may cover tenant relocation, health and safety, building and technical codes, San Mateo Municipal Code violations, and other matters as required by the San Mateo Municipal Code.
•The Hearing Officer may impose penalties, award enforcement costs, and/or issue corrective/abatement orders as authorized by the San Mateo Municipal Code. •Hearing preparation may include review of the hearing and file materials, consultation with administrative staff, and knowledge of relevant City and State Code provisions. •Additional services such as issuing findings of facts, making recommendations, or making decisions in miscellaneous matters may also be included. •The City shall provide at its sole expense a hearing room, use of copying equipment, case file packets, and documents.
•The City will also provide the necessary clerical support for the Hearing Officer to conduct City business.

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EXHIBIT B

FEE RATES
$250 per hour for hearing officer services.

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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. However, a Workers Compensation policy shall not be required if CONTRACTOR is a sole proprietor with no employees. The provisions and obligations imposed by this paragraph are waived until such time as CONTRACTOR has sufficient employees to require Workers’ Compensation coverage.

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONTRACTOR’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate 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).

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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.

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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AGREEMENT WITH MICHAEL H. ROUSH

FOR PROFESSIONAL

HEARING OFFICER SERVICES
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 MICHAEL H. ROUSH, an individual (“CONTRACTOR”), whose address is 5571 Corte Sierra, Pleasanton, CA 94566.

RECITALS:

A. CITY desires certain professional hearing officer services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these professional hearing officer services by reason of his 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, 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 agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

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

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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 upon full execution of this agreement and be completed five years from the execution date.

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 a fee in an amount not to exceed $300,000, pursuant to rates stated in Exhibit B to this Agreement, 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 CONTRACTOR’s work 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.

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONTRACTOR shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement, although instruments of professional service, 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 professional hearing officer 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 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. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE
CONTRACTOR shall procure and maintain for the duration of the Agreement and three years thereafter the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NON-ASSIGNABILITY
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 PROFESSIONAL

SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the professional calling necessary to perform 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.

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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, 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.

SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 - 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 Agreement 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 18 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. CONTRACTOR shall not 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 19 - 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.

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SECTION 20 - 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 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Assistant City Manager
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONTRACTOR: Michael H. Roush
5571 Corte Sierra
Pleasanton, CA 94566
925-876-7525
SECTION 22 - 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.

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SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - 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.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and MICHAEL H. ROUSH have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Michael H. Roush Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
•Contractor shall serve as a Hearing Officer for the City of San Mateo (“City”) and will provide professional services, including all work necessary for the effective handling of the City’s administrative hearings.
•The Hearing Officer conducts the public hearing, receives testimony and other evidence from all parties regarding the issues, and makes a written decision based on findings. •The time frame for conducting hearings and issuing a decision is specified in the San Mateo Municipal Code, but generally a decision is issued within ten (10) days of the conclusion of the hearing.
•Findings and decisions are prepared by the Hearing Officer and issued to the involved parties. The number of hearings is expected to be few at the beginning of the assignment, and growing as the need expands.
•The hearings may be virtual or in person at the discretion of the City. •The hearings are varied and may cover tenant relocation, health and safety, building and technical codes, San Mateo Municipal Code violations, and other matters as required by the San Mateo Municipal Code.
•The Hearing Officer may impose penalties, award enforcement costs, and/or issue corrective/abatement orders as authorized by the San Mateo Municipal Code. •Hearing preparation may include review of the hearing and file materials, consultation with administrative staff, and knowledge of relevant City and State Code provisions. •Additional services such as issuing findings of facts, making recommendations, or making decisions in miscellaneous matters may also be included. •The City shall provide at its sole expense a hearing room, use of copying equipment, case file packets, and documents.
•The City will also provide the necessary clerical support for the Hearing Officer to conduct City business.

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EXHIBIT B

FEE RATES
$300 per hour for hearing officer services.

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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 $1,000,000 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. However, a Workers Compensation policy shall not be required if CONTRACTOR is a sole proprietor with no employees.

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONTRACTOR’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate 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.

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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.

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
4 9
5 6

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: 18-6110 File ID: 24-8753 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: June 3, 2024
SUBJECT:

Summer Camp Bus Transportation – Agreement
RECOMMENDATION:

Approve an agreement for $109,730.80 with First Student Inc. to provide bus transportation services for City of San Mateo summer camps ; establish a contingency reserve of $10,973.00; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

BACKGROUND:

The City will host summer camps for over 1,400 participants ages 6-14 at Beresford Park and the Dr. Martin Luther King.

During the eight weeks of camp (June 17, 2024 through August 9, 2024), a key component will be field trips to locations such as Great America, Bel Mateo Bowl, Coyote Point, and Oakland Zoo. Buses are needed to transport participants. City staff issued a formal request for proposals (RFP) to five transportation companies and received a total of two responses.

First Student Inc. was selected based on their ability to provide all services requested in the RFP scope. The other responsive vendor was unable to guarantee the necessary number of busses needed during the timeframe requested. First Student Inc. also successfully provided bus services for the City of San Mateo for summer camps in 2021, 2022, and 2023.

BUDGET IMPACT:
$109,730.80 plus a 10% potential contingency can be absorbed in the 2024 budget, and this agenda report is for contract authority only.

ENVIRONMENTAL DETERMINATION:

This agreement 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 - Agreement

STAFF CONTACT
Stephanie Douglas, Community Services Section Manager
[email protected]
(650) 522-7442

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AGREEMENT WITH FIRST STUDENT INC.

FOR BUS TRANSPORTATION SERVICES
FOR
2024 SUMMER CAMP FIELD TRIPS

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 FIRST STUDENT INC, a CORPORATION ("CONTRACTOR"), whose address is 600 VINE STREET, SUITE 1400, CINCINNATI OH 45202 USA.

RECITALS:

A. CITY desires certain BUS TRANSPORTATION services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these BUS TRANSPORTATION 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 agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

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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 Monday, June 17, 2024 and be completed on Friday, August 9, 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 a fee in an amount of $109,730.80, 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 CON TRACTOR. 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. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.

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.

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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, 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.

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.

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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:

To CITY: Joanne Magrini
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403

To CONTRACTOR: First Student Inc.

Attn: Luke Barbosa
600 Vine Street, Suite 1400
Cincinnati, OH 45202

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.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and FIRST STUDENT INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONTRACTOR

Joanne Magrini
Director of Parks and Recreation

Date Tim Colleran
First Student Inc.

VP Charter Operations

Date

APPROVED AS TO FORM

Mazarin Vakharia
Assistant City Attorney
Date Claire Miller
First Student Inc.

Chief Commercial Officer

Date

Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
Response Time:

CONTRACTOR will be required to have vehicles at the pick-up area(s) a minimum of 30 minutes prior to the trip. From time-to-time San Mateo may require additional bus service for field trips and other transportation services, vehicles must be at the designated pick-up area(s) a minimum of 30 minutes prior to the scheduled departure.

Additions/deletions of Routes:

It is hereby agreed and understood that any route/service may be added or deleted to/from this contract at the option of San Mateo. When an addition to this contract is required, the CONTRACTOR shall be invited to submit price quotes for these new routes/services and may be added to the contract in San Mateo’s best interest.

Prices shall be fixed and firm for initial term of contract:

CONTRACTOR quoted costs shall remain fixed and firm during the initial term of this contract; provided however, that the company may offer incentive discounts from the fixed price to San Mateo at any time during the contractual term. Payment processes are laid out in Exhibit B.

Programs to be Serviced by Buses and Drivers (Specific days and times the buses are needed are laid out in Exhibit B):

Camp Mateo: Buses with drivers needed for eight (8) camp weeks. The camp will run from June 17, 2024 through August 9, 2024

• Week 1: June 17, 2024-June 20, 2024: Ten (10) buses and drivers must be provided. • Week 2: June 24, 2024-June 27, 2024: Ten (10) buses and drivers must be provided. • Week 3: July 1, 2024-July 3, 2024: Ten (10) buses and drivers must be provided. • Week 4: July 8, 2024-July 12, 2024: Ten (10) buses and drivers must be provided. • Week 5: July 15, 2024-July 19, 2024: Ten (10) buses and drivers must be provided. • Week 6: July 22, 2024-July 26, 2024: Ten (10) buses and drivers must be provided. • Week 7: July 29, 2024-August 2, 2024: Ten (10) buses and drivers must be provided. • Week 8: August 5, 2024-August 9, 2024: Ten (10) buses and drivers must be provided.

X-treme Summer Days (XSD): Buses with drivers needed for eight (8) camp weeks. The camp will run from June 17, 2024, through August 9, 2024.

• Week 1: June 17, 2024-June 20, 2024: Three (3) buses and drivers must be provided. • Week 2: June 24, 2024-June 27, 2024: Four (4) buses and drivers must be provided. • Week 3: July 1, 2024-July 3, 2024: Two (2) buses and drivers must be provided. • Week 4: July 8, 2024-July 12, 2024: Five (5) buses and drivers must be provided. • Week 5: July 15, 2024-July 19, 2024: Five (5) buses and drivers must be provided.

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• Week 6: July 22, 2024-July 26, 2024: Four (4) buses and drivers must be provided. • Week 7: July 29, 2024-August 2, 2024: Four (4) buses and drivers must be provided. • Week 8: August 5, 2024-August 9, 2024: Four (4) buses and drivers must be provided.

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Buses and Drivers shall meet the following conditions:

1. Buses shall be certified by the State meeting requirements to transport school children a minimum of fifty-five (55) passengers with radio dispatch.

2. The CONTRACTOR will meet all Federal and State rules, regulations, statutes, and ordinances, including proper driver’s license, bus certification, etc.

3. Buses must be owned and/or leased by the CONTRACTOR. CONTRACTOR cannot subcontract services to another vendor.

4. Liability insurance will be supplied by the CONTRACTOR. Copies of current insurance forms will be supplied by the CONTRACTOR.

5. CONTRACTOR shall supply a copy of the written procedures for supplying alternate buses for buses which are disabled during transport.

6. CONTRACTOR must supply recent references which are to include company name, address, and contact person with telephone number.

7. Rental fee to include all gasoline charges. All maintenance of all vehicles, including any towing charges incurred by disabled buses, will be the responsibility of the CONTRACTOR.

8. Any claims of damage must be reported to the Parks & Recreation Director. Any necessary repairs for the damage must be submitted in writing with cost estimated and pre-approved by the Parks & Recreation Director before repairs are started.

9. Number of hours and buses are approximations and specific numbers are dependent on other factors. CONTRACTOR will be given as much advanced notice as possible, but not less than 24 hours.

10. Radio communications between the bus drivers and the bus dispatcher must be in effect and operating at all times.

11. The City reserves the right to cancel bus use for individual trips by giving 24 hours notice without penalty to San Mateo. CONTRACTOR should specify specific cancellation policy and who should be notified.

12. A Program Supervisor riding the bus may request changes in the bus schedule or stops due to weather conditions or emergency situations. Driver must recognize staff requests for schedule changes and emergency stops and honor them.

13. All prices include parking/toll charges. Buses must stay with the group for the duration of the individual trip unless otherwise directed by the Program Supervisor.

14. All buses must stay with Parks & Recreation Camps and not go on another trip/location and leave our camp children at the program location without a bus. Bus and bus driver must stay with the camp event due to possible inclement weather or/an emergency situation.

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15. Bus driver and Program Supervisor shall remain in contact during each trip. Program Supervisor will supply bus driver with cell phone number and bus driver is expected to do the same.

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EXHIBIT B

PAYMENT RATES

CITY reserves the right to cancel bus use for individual trips by giving 24 hours’ notice without penalty.

If CONTRACTOR cancels, a minimum of 24 hours' notice will be required to the CITY. Full refund of the cost of services canceled shall be issued to the CITY within four (4)weeks.

CONTRACTOR will provide weekly invoices via e-mail to Community Services Supervisor, Heather Murphy at [email protected] no later than two (2) weeks after the week of service is complete.

CITY will process invoices and send payment via check or Electronic Funds Transfer. Payments will be mailed or electronically transferred no later than four (4) weeks upon receipt of the invoice (unless an error has occurred on the received invoice).

Prices shall remain fixed and firm during the initial term of this contract; provided, however, that the company may offer incentive discounts from the fixed price to San Mateo at any time during the contractual term.

If an error is found by CITY, CONTRACTOR will provide the process on how to remedy said error. After the error has been resolved, the CITY will pay out CONTRACTOR no later than four (4) weeks after that date

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Date Program Departure from Spot
Time
Bus Arrival
to Camp
Destination Bus return
to Camp
Hours # of
buses
# of
passengers
seatbelts
Y or N
Cost
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 10:00 AM 10:30 AM Nealon Park, 800 Middle Ave, Menlo Park, CA 94025 3:30 PM 5 2 75 y $1,712.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:30 AM 11:00 AM
K1 Speed - Indoor Go Karts, Corporate Event
Venue, Team Building Activities, 160 Beacon St,
South San Francisco, CA 94080
3:30 PM 4.5 1 45 y $856.00
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 12:00 PM 12:30 PM Bayside/Joinville Park, 2111 Kehoe Ave, San Mateo, CA 94403 4:30 PM 4 2 75 y $1,712.00
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 10:00 AM 10:30 AM LEGOLAND® Discovery Center Bay Area, 870 Great Mall Dr, Milpitas, CA 95035 4:00 PM 5.5 2 75 y $1,883.20 X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Six Flags Hurricane Harbor Concord, 1950 Waterworld Pkwy, Concord, CA 94520 4:30 PM 6.5 1 45 y $1,120.80 Friday, June 21,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM iFLY Indoor Skydiving - SF Bay, 31310 Alvarado- Niles Rd, Union City, CA 94587 4:00 PM 6 1 45 y $1,035.20 Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 10:00 AM 10:30 AM Coyote Point Recreation Area, 1701 Coyote Point Dr, San Mateo, CA 94401 3:30 PM 5 2 75 y $1,712.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Cull Canyon Regional Recreation Area, 18825 Cull Canyon Rd, Castro Valley, CA 94546 4:30 PM 6.5 1 45 y $1,120.80 $1,712.00
Week 1
Tuesday, June
18, 2024 Camp Mateo
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM Coyote Point Recreation Area, 1701 Coyote Point Dr, San Mateo, CA 94401 3:30 PM
Wednesday,
June 19, 2024
5 2 75
y
Thursday, June
20, 2024
Camp Mateo
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM Bel Mateo Bowl, 4330 Olympic Ave, San Mateo, CA 94403 3:00 PM 4.5 2 75
y
$1,712.00
5 2 75 y $1,712.00
Week 2
Tuesday, June
25, 2024
Camp Mateo
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM Nealon Park, 800 Middle Ave, Menlo Park, CA 94025 3:30 PM

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X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Oakland Zoo, 9777 Golf Links Rd, Oakland, CA 94605 5:00 PM 7 1 45 y $1,206.40
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 12:00 PM 12:30 PM Bayside/Joinville Park, 2111 Kehoe Ave, San Mateo, CA 94403 4:30 PM 4 2 75 y $1,712.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:00 AM 9:30 AM (Alcatraz Island) Pier 33 Suite 200, San Francisco, CA 94111 4:30 PM 7 1 45 y $1,198.40
Camp Mateo Dr. Martin Luther King Jr. Community Center, 725 Monte Diablo Ave, San Mateo, CA 94401 10:30 AM 11:00 AM LaserMaxx San Carlos, 1119 Industrial Rd Ste F, San Carlos, CA 94070 4:00 PM 5 2 75 y $1,712.00
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 10:00 AM 10:30 AM Bel Mateo Bowl, 4330 Olympic Ave, San Mateo, CA 94403 3:00 PM 4.5 2 75 y $1,712.00
Friday, June 28,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM Subpar Miniature Golf, 900 North Point St F-201, San Francisco, CA 94109 3:30 PM 5 1 45 y $856.00
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403
ST@K Dr. Martin Luther King Jr. Community Center, 725 Monte Diablo Ave, San Mateo, CA 94401 8:15 AM 8:45 AM California's Great America, 4701 Great America Pkwy, Santa Clara, CA 95054 6:00 PM 9.25 1 45 y $1,583.60 X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 8:15 AM 8:45 AM California's Great America, 4701 Great America Pkwy, Santa Clara, CA 95054 6:00 PM 9.25 1 45 y $1,583.60 X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 11:00 AM 11:30 AM Orpheum Theatre, 1192 Market St, San Francisco, CA 94102 5:00 PM 5.5 1 45 y $941.60
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 12:00 PM 12:30 PM Bayside/Joinville Park, 2111 Kehoe Ave, San Mateo, CA 94403 4:30 PM 4 2 75 y $1,712.00
Monday, July
8,2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM LaserMaxx San Carlos, 1119 Industrial Rd Ste F, San Carlos, CA 94070 3:30 PM 5 1 45 y $856.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:30 AM 11:00 AM Adventure Cat Sailing Charters, Pier 39, San Francisco, CA 94133 4:30 PM 5.5 1 45 y $941.60
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 9:30 AM 10:00 AM Koret Childrens Quarter, 320 Bowling Green Dr, San Francisco, CA 94122 4:00 PM 6 2 75 y $2,054.40
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM Taco Bell, 5200 CA-1, Pacifica, CA 94044 4:00 PM 5.5 1 45 y $941.60 Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 12:00 PM 12:30 PM Bayside/Joinville Park, 2111 Kehoe Ave, San Mateo, CA 94403 4:30 PM 4 2 75 y $1,712.00
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 12:30 PM 1:00 PM Cinemark Century San Mateo 12, 320 2nd Ave, San Mateo, CA 94401 5:00 PM 4 2 75 y $1,712.00
Tuesday, July 2,
2024
Camp Mateo
Wednesday,
June 26, 2024
Thursday, June
27, 2024
Week 3 (No Camp Thursday & Friday)
Monday, July 1,
2024 Camp Mateo 9:30 AM 10:00 AM San Francisco Zoo, Sloat Blvd &, Upper Great Hwy, San Francisco, CA 94132 4:30 PM 6.5 2 75 y $2,225.60
Magical Bridge Playground - Palo Alto, 3700
Middlefield Rd, Palo Alto, CA 94306 3:30 PM 5 2 75 y $1,712.00 8:15 AM 8:45 AM y $3,167.20California's Great America, 4701 Great America Pkwy, Santa Clara, CA 95054 6:00 PM 9.25 2 75
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401
Wednesday, July
10, 2024

Camp Mateo
Wednesday, July
3, 2024
Week 4
Tuesday, July 9,
2024 Camp Mateo
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM

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Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 9:00 AM 9:30 AM Lost Worlds Funtropolous, 5401 Camden Ave, San Jose, CA 95124 4:30 PM 7 2 75 y $2,396.80
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:45 AM 11:15 AM Oracle Park, 24 Willie Mays Plaza, San Francisco, CA 94107 5:30 PM 6.25 1 45 y $1,070.00
Friday, July 12,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 8:30 AM 9:00 AM
California Canoe & Kayak at Jack London Square,
Jack London Square, 409 Water St, Oakland, CA
94607
4:30 PM 7.5 1 45 y $1,292.00
Monday, July 15,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Bowlmor Cupertino, 10123 N Wolfe Rd #20, Cupertino, CA 95014 4:00 PM 6 1 45 y $1,027.20
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 10:00 AM 10:30 AM Magical Bridge Playground - Palo Alto, 3700 Middlefield Rd, Palo Alto, CA 94306 3:30 PM 5 2 75 y $1,712.00 X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 8:30 AM 9:00 AM Shoreview Recreation Center, 950 Ocean View Ave, San Mateo, CA 94401 1:00 PM 4 1 45 y $856.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 8:15 AM 8:45 AM Six Flags Discovery Kingdom, 1001 Fairgrounds Dr, Vallejo, CA 94589 5:00 PM 8.25 1 45 y $1,428.40
Camp Mateo Beresford Park 2720 Alameda de las Pulgas San Mateo, Ca 94403 12:00 PM 12:30 PM Bayside/Joinville Park, 2111 Kehoe Ave, San Mateo, CA 94403 4:30 PM 4 2 75 y $1,712.00
Camp Mateo Dr. Martin Luther King Jr. Community Center, 725 Monte Diablo Ave, San Mateo, CA 94401 9:00 AM 9:30 AM Lost Worlds Funtropolous, 5401 Camden Ave, San Jose, CA 95124 4:30 PM 7 2 75 y $2,396.80
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 12:30 PM 1:00 PM Cinemark Century San Mateo 12, 320 2nd Ave, San Mateo, CA 94401 5:00 PM 4 2 75 y $1,712.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 8:30 AM 9:00 AM SF Bay Whale Watching, Pier 39, Beach St, San Francisco, CA 94133 5:00 PM 8 1 45 y $1,369.60
Friday, July, 19,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM Golfland San Jose, 976 Blossom Hill Rd, San Jose, CA 95123 4:30 PM 6 1 45 y $1,027.20
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Fronteir Land, 600 Oddstad Blvd, Pacifica, CA 94044 4:00 PM 6 2 75 y $2,054.40
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 9:30 AM 10:00 AM Presidio Wall Playground, Pacific Ave &, Spruce St, San Francisco, CA 94118 4:00 PM 6 2 75 y $2,054.40
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Aloha Fun Center, 2190 Eastridge Loop Suite 1402, San Jose, CA 95122 4:30 PM 6.5 1 45 y $1,112.80
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 8:15 AM 8:45 AM The Peak of Fremont, 4020 Technology Pl Suite 1, Fremont, CA 94538 2:00 PM 5.25 1 45 y $898.80
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 12:00 PM 12:30 PM Bayside/Joinville Park, 2111 Kehoe Ave, San Mateo, CA 94403 4:30 PM 4 2 75 y $1,712.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:00 AM 10:30 AM Pacifica Archery, 2995 Junipero Serra Blvd, Daly City, CA 94014 4:30 PM 6 1 45 y $1,027.20
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Aqua Adventure Water Park, 40500 Paseo Padre Pkwy, Fremont, CA 94538 3:30 PM 5.5 2 75 y $1,899.20
Thursday, July
11, 2024
Camp Mateo
Week 5
Tuesday, July 16,
2024
Camp Mateo
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Koret Childrens Quarter, 320 Bowling Green Dr, San Francisco, CA 94122 4:00 PM 6 2 75 y $2,054.40
Wednesday, July
24, 2024
Thursday, July
25, 2024 C M
Wednesday, July
17, 2024
Thursday, July
18, 2024
Week 6
Tuesday, July 23,
2024
Camp Mateo

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Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 9:00 AM 9:30 AM LaserMaxx San Carlos, 1119 Industrial Rd Ste F, San Carlos, CA 94070 4:30 PM 7 2 75 y $2,396.80
Friday, July 26,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM The Plex, 800 Embedded Way, San Jose, CA 95138 4:30 PM 6.5 1 45 y $1,112.80 Monday, July 29,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 12:30 PM 1:00 PM Bad Axe Throwing San Francisco, 30A Hill St, Daly City, CA 94014 4:30 PM 3.5 1 45 y $856.00
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Presidio Wall Playground, Pacific Ave &, Spruce St, San Francisco, CA 94118 4:00 PM 6 2 75 y $2,054.40
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 9:30 AM 10:00 AM Fronteir Land, 600 Oddstad Blvd, Pacifica, CA 94044 4:00 PM 6 2 75 y $2,054.40
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 8:30 AM 9:00 AM Shoreview Recreation Center, 950 Ocean View Ave, San Mateo, CA 94401 1:00 PM 4 1 45 y $856.00
Wednesday, July
31, 2024 Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 12:00 PM 12:30 PM Bayside/Joinville Park, 2111 Kehoe Ave, San Mateo, CA 94403 4:30 PM 4 2 75 y $1,712.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:45 AM 10:15 AM Dave & Buster's Milpitas - San Jose, 940 Great Mall Dr, Milpitas, CA 95035 5:00 PM 6.75 1 45 y $1,155.60
Camp Mateo Dr. Martin Luther King Jr. Community Center, 725 Monte Diablo Ave, San Mateo, CA 94401 9:00 AM 9:30 AM LEGOLAND® Discovery Center Bay Area, 870 Great Mall Dr, Milpitas, CA 95035 4:30 PM 7 2 75 y $2,412.80
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 9:30 AM 10:00 AM Aqua Adventure Water Park, 40500 Paseo Padre Pkwy, Fremont, CA 94538 3:30 PM 5.5 2 75 y $1,899.20
Friday, August 2,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:30 AM 10:00 AM Santa Cruz Beach Boardwalk, 400 Beach St, Santa Cruz, CA 95060 5:00 PM 7 1 45 y $1,206.40
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 6.5 2 75 y $2,225.60
Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 0 2 75 y $1,712.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:30 AM 11:00 AM Nazareth Ice Oasis | San Mateo, 2202 Bridgepointe Pkwy, San Mateo, CA 94404 3:30 PM 4.5 1 45 y $856.00
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 10:30 AM 11:00 AM Shoreline Lake, 3160 N Shoreline Blvd, Mountain View, CA 94043 4:00 PM 5 1 45 y $856.00
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 12:00 PM 12:30 PM Bayside/Joinville Park, 2111 Kehoe Ave, San Mateo, CA 94403 4:30 PM 4 2 75 y $1,712.00

, Camp Mateo
Week 7
Tuesday, July 30,
2024
Camp Mateo
Wednesday,
August 7, 2024
Thursday, August
1, 2024
Week 8
Tuesday, August
6, 2024
Camp Mateo 9:00 AM 9:30 AM Oak Meadow Park, 233 Blossom Hill Rd, Los Gatos, CA 95032 4:00 PM

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X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:00 AM 9:30 AM YMCA Camp Jones Gulch, 11000 Pescadero Creek Rd, La Honda, CA 94020 3:30 PM 6 1 45 y $1,027.20
Camp Mateo Dr. Martin Luther King Jr. Community Center, 725 Monte Diablo Ave, San Mateo, CA 94401 8:30 AM 9:00 AM Santa Cruz Beach Boardwalk, 400 Beach St, Santa Cruz, CA 95060 5:30 PM 8.5 2 75 y $2,910.40
Camp Mateo Beresford Park, 2720 Alameda de las Pulgas, San Mateo, CA 94403 8:30 AM 9:00 AM Santa Cruz Beach Boardwalk, 400 Beach St, Santa Cruz, CA 95060 5:30 PM 8.5 2 75 y $2,910.40
Friday, August 9,
2024
X-Treme Summer
Days
Dr. Martin Luther King Jr. Community Center, 725 Monte
Diablo Ave, San Mateo, CA 94401 9:15 AM 9:45 AM Aqua Adventure Water Park, 40500 Paseo Padre Pkwy, Fremont, CA 94538 4:30 PM 6.75 1 45 y $1,163.60
Thursday, August
8, 2024
GRAND TOTAL ESTIMATE: $109,730.80

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Contract for Services Page 12 of 16
Rev 12/22

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 $9,000,000 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 $10,000,000 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 $5,000,000 per accident for bodily injury or disease.

4. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

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).

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Contract for Services Page 13 of 16
Rev 12/22
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.

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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DILHolder Identifier : 7777777707070700077761616045571110767716017305557207542137772516310072751477146331120772505546077555307172010762331553074666271725677600754263313243277607344015752274130076727242035772000777777707000707007 7777777707070700073525677115456000732011417027113107122237352072110070233373420730010702233734316211007033236242173000070223372430620110712232735317210007023336242063011077756163351765540777777707000707007Certificate No : 570105868760

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
05/28/2024
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Services Central, Inc.

Chicago IL Office
200 East Randolph
Chicago IL 60601 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 24147Old Republic Insurance CompanyINSURER A:
19399AIU Insurance CompanyINSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
N
AME:

First Student Inc
191 Rosa Parks Street, 8th Floor
Cincinnati OH 45202 USA
COVERAGES CERTIFICATE NUMBER: 570105868760 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X X
GEN'L AGGREGATE LIMIT APPLIES PER:
$9,000,000
$9,000,000
$9,000,000
$9,000,000
$9,000,000
A 04/01/2024 04/01/2025
SIR applies per policy terms & conditions
MWZY31683724
PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$10,000,000A 04/01/2024 04/01/2025
AOS

COMBINED SINGLE LIMIT
(Ea accident)
MWTB-316836-24

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $5,000,000
X OTH-
ER
PER STATUTEB 04/01/2024 04/01/2025
AOS
WC020396033B 04/01/2024 04/01/2025
$5,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / AN
CA

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$5,000,000
WC020396032
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Sexual Abuse and Molestation Coverage included under the General Liability Policy. City of San Mateo, its elected and appointed officials, employees and agents are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. A Waiver of Subrogation is granted in favor of City of San Mateo in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies.

CANCELLATIONCERTIFICATE HOLDER

AUTHORIZED REPRESENTATIVE
City of San Mateo
330 W. 20th Avenue
San Mateo CA 94403 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER : ACORD 25 FORM TITLE : Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED AGENCY
See Certificate Number :

See Certificate Number :
570105868760
570105868760
Aon Risk Services Central, Inc.
570000088924
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

INSURER

INSURER

INSURER

INSURER

INSURER(S) AFFORDING COVERAGE
Page _ of _
NAIC #
First Student Inc

TYPE OF INSURANCE

POLICY NUMBER LIMITS

WORKERS COMPENSATION
B WC020396034 04/01/2024 04/01/2025
WI
N/A
ADDL
INSD
INSR
LTR
SUBR
WVD
POLICY

EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

129 of 465

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

MWZY 316837 24 Recess Holdco LLC 04/01/24 - 04/01/25
As required by written contract or agreement.

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POLICY NUMBER: COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured:

Endorsement Effective Date:

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

MWTB 316836 24 Recess Holdco LLC 04/01/24 - 04/01/25
Any person or organization for whom the named insured is required to provide a waiver 04/01/23
Recess Holdco LLC

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BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following " attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). forms a p art of Policy No.

We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.

The additional premium for this endorsement shall be 2.00% of the total estimated workers compensation premium for this policy.

WC 04 03 61 Countersigned by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Ed. 11/90)
Authorized Representative
This endorsement, effective 12:01 AM 0 4/01/2024
Issued to RECESS HOLDCO LLC
By AIU INSURANCE COMPANY
WC 203-96-033

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CITY OF SAN MATEO
4 9
5 8

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: 10-5141 File ID: 24-8755 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: June 03, 2024
SUBJECT:
2024-2025 School Crossing Guards – Agreement
RECOMMENDATION:

Approve an agreement with the San Mateo-Foster City School District for school crossing guards in the amount not to exceed $78,000.00 and authorize Chief of Police Ed Barberini to execute the agreement in substantially the form presented.

BACKGROUND:

This is the annual agreement between the City of San Mateo and the San Mateo-Foster City School District to provide protection for school children, who are required to cross heavily traveled streets in the City. The streets are listed on Exhibit A.

BUDGET IMPACT:

The Police Department has budgeted for this agreement in the proposed 2024-2025 budget.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - School Crossing Guard Agreement

STAFF CONTACT
Nancy Beeman, Administrative Assistant
[email protected]
(650) 522-7650
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Lethin, Captain
[email protected]

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CITY OF SAN MATEO
4 9
5 8
(650) 522-7663

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SCHOOL CROSSING GUARD AGREEMENT

BETWEEN

THE CITY OF SAN MATEO AND

THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT
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, hereinafter "City," and the San Mateo-Foster City School District, hereinafter "District."

WHEREAS, the City wants to assist the District in providing protection for school children who are required to cross heavily traveled streets in the City; and

WHEREAS, some protection can be afforded by placing crossing guards at specific locations in the City; and

WHEREAS, the District wishes to cooperate in providing protection for school pupils pursuant to Education Code section 45450 et seq.,

NOW, THEREFORE, it is agreed as follows:

1. The District shall select, hire, and supervise crossing guards as necessary for each of the locations shown on Exhibit A to this agreement during the hours that pupils are walking to and from nearby schools on school days during the school year. Salaries and wages shall be at rates determined by the District and may include payment of a two or four hour minimum per shift, as shown on Exhibit A, in order to attract employees and effectively staff the positions.

The crossing guards shall be considered, and shall in fact be, employees of the District for all purposes.

2. The City agrees to reimburse District for wages and salaries paid by the District to the crossing guards for daily administrative costs incurred in providing the crossing guards so long as this reimbursement does not exceed that figure agreed to pursuant to paragraph 6 below.

The reimbursement will include the payment of a two or four hour minimum per shift which will be clearly indicated on timecards for such occasions where such payment was necessary to effectively staff the position.

3. Not later than thirty (30) days after the close of each calendar quarter, the District shall bill the City for reimbursement of the costs incurred for work in the previous quarter. The invoice to the City shall be submitted with appropriate supporting documentation such as employee timecards and payroll reports to substantiate the amount billed. Upon review of the invoice and supporting documentation, the City shall promptly pay the bill.

4. The City and the District shall meet during the month of March of each year during the term of this agreement to allocate the City and District portions of the crossing guard expense.

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CITY OF SAN MATEO

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: 26-3125 File ID: 24-8759 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: June 03, 2024
SUBJECT:

Community Development Permit Tracking Software – Amendment RECOMMENDATION:

Approve an Amendment to the Agreement with Tyler Technologies, Inc. to add payment processing services to the EnerGov Permitting and Licensing software; increase the annual service/maintenance fee by $1,080, for an annual total amount not to exceed $90,758.63; and authorize the Community Development Department Director to execute the Amendment in substantially the form provided.

BACKGROUND:

In June 2013, City Council approved an agreement with Tyler Technologies, Inc. (Tyler Technologies) for permit and project tracking software (EnerGov) with related services and support in the amount of $900,172. The term of this agreement for Tyler Technologies’ services automatically renews each year unless terminated by either party. The continuing fees for Tyler Technologies’ services, including licensing and maintenance/support, are thereafter renewed and invoiced on an annual basis. Here, staff requests approval to expand the scope of services from Tyler Technologies to include new credit card payment readers and software services in order to support online and in-person credit card payments (Tyler Payments). Expanding this scope of services by Tyler Technologies requires Council approval, since the original scope of services approved by Council in 2013 did not include Tyler Payments.

For the past few years, the City Hall Permit Center has utilized a third-party credit card processing company, Persolvent, to process all permit financial transactions. Due to security enhancements and upgrades to EnerGov, the existing Persolvent card readers are no longer supported, not compatible with EnerGov, and do not meet current security standards. The result is that the existing card readers at the permit center counter no longer function to process credit card payments. In order to continue receiving credit card payments in-person at the Permit Center, new credit card readers with the latest security technologies are required. Staff compared the new Persolvent product with the Tyler Technologies product and determined that utilizing Tyler Payments would ensure compatibility and function with EnerGov, provide quality service to the public, and ensure that current security requirements were met.

Having the ability to efficiently process payments both online and in-person is an essential function for building permit application processing. To achieve this, the City must have software and hardware that have current security and functional features. The move from Persolvent Payments to Tyler Payments will promote payment processing consistency with software that is compatible with the City’s current permitting database, EnerGov. This change requires the purchase of six new credit card terminals and an amendment to an existing Agreement with Tyler Technologies in order to use the Tyler Payments software. These new credit card terminals will meet current security standards and include touchless payment options, and will create a more user-friendly experience for our customers.

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CITY OF SAN MATEO
BUDGET IMPACT:

The cost to purchase six new credit card terminals for the Permit Center will be $3,780, and the annual service/maintenance fee to use the Tyler Payments software will be $1,080. Transaction fees will be paid directly to Tyler Technologies by the payee as a pass-through expense, which is consistent with how transaction fees are currently processed. These additional costs to transition to Tyler Payments will be accounted for in Community Development’s Annual budget and would come from the Construction Services Fund.

ENVIRONMENTAL DETERMINATION:

Approval of Amendment No. 1 is not subject to CEQA review under the “common sense” exemption, because it can be seen with certainty that there is no possibility that adding credit card payment processing services to an existing agreement may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).) NOTICE PROVIDED:

All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment

STAFF CONTACT
Michael Titsworth, Building Official
[email protected]
(650) 522-7195

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1 AMENDMENT

This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of San Mateo, California, with offices at 330 W. 20th Avenue, San Mateo, California 94403 (“Client”).

WHEREAS, Tyler and Client are parties to an agreement dated June 27, 2013 (“Agreement”); and

WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:

1. The items set forth in the sales quotation attached as Exhibit 1 to this Amendment are hereby added to the Agreement as of the Amendment Effective Date. Payment of fees and costs for such items shall conform to the following terms:
a. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.

2. Your use of Payments and any related items included in this Amendment is subject to the terms attached hereto as Exhibit 2. By signing this Amendment, you agree you have read, understand, and agree to such terms. Please see attached Payments fee schedule.

3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

4. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc. City of San Mateo, California
By: By:

Name: Tina Mize Name:

Title: Group General Counsel Title:

Date: May 8, 2024 Date:

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1 Exhibit 1

Exhibit 1
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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2024-445312-F5H0F8 Page 1

Sales Quotation For:

City of San Mateo
330 W 20th Ave
San Mateo CA 94403-1338
Phone: +1 (650) 522-7000

Payments
Quoted By: Andrew Meyer
Quote Expiration: 6/30/24
Quote Name: Tyler Payments

Use Case List Price Service % Min
Basis
Points Rate Cap POS Online IVR
Payments - Payer Card Cost - Service Fees
Enterprise Permitting & Licensing

Enterprise Permitting & Planning 3.65% $ 2.50 X X
Licensing Payments
Enterprise Permitting & Permits 3.65% $ 2.50 X X
Licensing Payments
Payments - Other Fees
Enterprise Permitting & Licensing
Client eCheck Cost $ 1.95

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2024-445312-F5H0F8 Page 2
eCheck Rejects $ 5.00
Credit Card Chargebacks $ 15.00

Payer Card Cost Per card transaction with Visa, MasterCard, Discover, and American Express.

Client eCheck Cost Per electronic check transaction.
eCheck Rejects When an eCheck Transaction comes back as declined (e.g bounced check) Credit Card Chargebacks If a card payer disputes a transaction at the card issuing bank (e.g. stolen card)

Third-Party Hardware, Software and Services

Payments PCI Service Fee (Per Device) 6 $ 0 $ 0 $ 0 $ 180 $ 0 $ 1,080

Payments Lane 7000 Terminal Purchase 6 $ 630 $ 0 $ 3,780 $ 0 $ 0 $ 0

TOTAL $ 3,780 $ 1,080

Summary One Time Fees Recurring Fees
Total Services $ 0 $ 0
Total Third-Party Hardware, Software, Services $ 3,780 $ 1,080 Summary Total $ 3,780 $ 1,080
Contract Total $ 4,860
Third Party
Total Maint /
SaaS
Unit Unit
Maint Maint/SaaS
/SaaS Discount
Total
Price
Unit
Qty Unit Price Discount
Description
Hardware

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2024-445312-F5H0F8 Page 3
Comments

SaaS Monthly Fees are rounded to the nearest dollar. The Annual Fee value represents the cost to the customer.

Fees for year one of hardware maintenance are invoiced upon delivery of the hardware, with subsequent years’ fees billed annually, in advance.

Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/payment-card- processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to such terms.

Please see attached Payments fee schedule.

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Exhibit 2
1 Exhibit 2
Payment Processing Agreement

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Exhibit 2
2 Payment Processing
Agreement
This Payment Processing Agreement (this “Processing Agreement”) is made and entered into by and between Tyler Technologies, Inc., a Delaware corporation (“Tyler”), and Client (the “Merchant”).

1. ACKNOWLEDGEMENTS
a. By executing this Processing Agreement or an accompanying Order Form, Merchant is contracting with Tyler to obtain Card processing services on Merchant’s behalf.
b. Merchant acknowledges that Tyler contracts with a payment processor (a “Processor”), Members, and other third party providers to provide services under this Processing Agreement, and Merchant hereby consents to the use of such Processor, Members, and others to provide such services. c. To the extent elected in the Order Form, Tyler will provide Merchant with eCheck/ACH payment processing services for any eligible account as a turn-key solution or by presenting ACH Transactions in a NACHA Standard file submission to Merchant’s Originating Depository Financial Institution (ODFI) as agreed to in the Order Form. ACH Transactions and Card Transactions may collectively be referred to as “Transactions.”

2. MEMBER BANK AGREEMENT

REQUIRED
a. When Merchant’s customers pay Merchant through Tyler, Merchant may be the recipient of a Card funded payment. The organizations that operate these Card systems (such as Visa U.S.A., Inc. and MasterCard International Incorporated; collectively, the “Associations”) require that Merchant (i) enter into a direct contractual relationship with an entity that is a member of the Association and (ii) agree to comply with Association Rules as they pertain to applicable Card Transactions that Merchant submits through Tyler. If Merchant accepts American Express, then Merchant agrees that the terms of Exhibit A shall apply. b. Merchant shall complete an application with the Member with which Tyler has contracted and execute an agreement with such Member (the “Member Bank Agreement”). By executing a Member Bank Agreement, Merchant is fulfilling the Association Rule of entering into a direct contractual relationship with a Member, and Merchant agrees to comply with Association Rules as they pertain to Card Transactions Merchant submits for processing through the Tyler service. c. Merchant acknowledges that Tyler may have agreed to be responsible for some of Merchant’s obligations to a Member for such Transactions as set forth in the Member Bank Agreement. Member may debit the Merchant Bank Account for

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3 chargebacks, returns, refunds and other fees, however, in the event Member assesses any such chargeback, returns, refunds, or other fees to Tyler, Tyler may invoice the same to Merchant.

3. SETTLEMENT AND CHARGEBACKS
a. Merchants Bank Account. In order to receive funds, Merchant must maintain a bank account (the “Merchant Bank Account”) at a bank that is a member of the Automated Clearing House (“ACH”) system and the Federal Reserve wire system. Merchant agrees not to close the Merchant Bank Account without giving Tyler at least thirty (30) days’ prior written notice and substituting another bank account. Merchant is solely liable for all fees and costs associated with Merchant Bank Account and for all overdrafts. Tyler shall not be liable for any delays in receipt of funds or errors in bank account entries caused by third parties, including but not limited to delays or errors by the Member Bank or payment processor to Merchant Bank Account.
b. S
ettlement . Transactions shall be settled according to the terms of the Member Bank Agreement using the account(s) which are designated by Merchant. c. C hargebacks, Returns and Refunds. Chargebacks, returns and refunds paid for ACH Transactions shall be paid by Merchant in accordance with the Member Bank Agreement.
d. R
etrieval Requests. Merchant is required by the Associations to store original documentation, and to timely respond to Retrieval Requests, of each Transaction for at least six months from the date of the respective Transaction, and to retain copies of all such data for at least 18 months from the date of the respective Transaction. Merchant is responsible for any Chargebacks that result from Merchant’s failure to timely respond to Retrieval Requests for documentation relating to a Transaction.

4. FEES AND INVOICING
a. Order Form. Merchant agrees to pay Tyler the fees set forth in or attached to the Order Form for services provided by Tyler and to which this Agreement is hyperlinked or attached. This may include fees for Payment Service Devices or other Equipment that Merchant has elected to purchase or rent as set forth on the Order Form. Fees for purchase will be invoiced upon shipment and Fees for rental will be invoiced annually in advance. All Fees due hereunder are due within 45 days of invoice. The terms and conditions of such purchase or rental are set forth on Exhibit B attached hereto and incorporated herein. b. A
djustments to Pricing. By giving written notice to Merchant, Tyler may change Merchant’s fees, charges and discounts resulting from (i) changes in Association fees (such as interchange, assessments and other charges); (ii) changes in pricing by any third party provider of a product or service used by Merchant; or (iii) other market adjustment. Such new prices shall be applicable as of the effective date established by the Association or third party provider, or as of any later date specified in Tyler’s notice to Merchant. In addition, Tyler may update pricing for rental of Equipment by giving written notice to Merchant at the end of any initial rental term or when such Equipment is upgraded to a newer model or

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Exhibit 2
4 replaced in accordance with the pricing set forth on Tyler’s then-current Order Form.
c. Payment of Fees.
i. Online Payments. For payments that are initiated online, a convenience fee or service fee may be assessed to the Cardholder for each payment transaction that is paid electronically using a credit or debit card. Such convenience fee or service fee is set forth in the Order Form and will be charged at the time of the transaction to be deposited directly into a Tyler bank account from which all fees associated with processing and settling the Card Transactions will be paid.
ii. O
ver the Counter Payments. For payments that are initiated in your offices, a service fee may be assessed to the Cardholder for each payment transaction as set forth in the Order Form, and such fees will be charged at the time of the transaction to be deposited directly into a Tyler bank account from which all fees associated with processing and settling the transactions will be paid. For all other fees, Tyler shall invoice Merchant for services and service fees on a monthly basis, unless otherwise set forth in the Order Form. Each invoice shall state the total invoiced amount and shall be accompanied by a reasonably detailed itemization of services and service fees. Following receipt of a properly submitted invoice, the Merchant shall pay amounts owing therein thirty (30) days in arrears. iii. A
bsorbed Payments. For payments that are initiated online and/or in- person, the Merchant may elect to pay for all fees related to the transaction including, without limitation, interchange fees, dues, assessments, card brand fees, and Tyler fees.
iv. eC
heck/ACH Payments. In addition, Tyler shall be authorized to charge eCheck/ACH fees and other fees specified in an Order Form to the end user. Unless otherwise set forth in the Order Form, fees will be charged at the time of the transaction to be deposited directly into a Tyler bank account.

5. LICENSE
Tyler hereby grants Merchant a non-exclusive, revocable license to use the Tyler Intellectual Property (as defined in Section 1.c) for the limited purpose of performing under this Processing Agreement. Merchant shall at all times be responsible for compliance with applicable law and Association Rules. Unless otherwise provided in a separate agreement between Tyler and Merchant, any Intellectual Property or machinery provided by Tyler, but not developed by Tyler, is being licensed or purchased by Merchant directly from the manufacturer or developer of such machinery or Intellectual Property. Merchant acknowledges that the license granted herein is limited to Merchant’s use exclusively and that Merchant does not have the right to sub-license any of the Intellectual Property in either their original or modified form. Merchant agrees that it shall not reverse-engineer, disassemble or decompile the Intellectual Property.

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5 Merchant shall not give any third party, except Merchant’s employees, access to the Intellectual Property without Tyler’s prior written consent.

6. THIRD PARTY PROVIDERS
Tyler may, in its sole discretion, contract with alternate Members, payment processors or other third party providers to provide services under this Processing Agreement. In such event, Merchant shall reasonably cooperate with Tyler, including the execution of a new Member Bank Agreement by Merchant; provided, however, that if the terms and conditions of the new Member Bank Agreement are substantially different than Merchant’s existing Member Bank Agreement, then Merchant shall have the right to terminate this Processing Agreement.

7. CONFIDENTIAL AND PROPRIETARY

INFORMATION
a. Protection of Tyler Confidential and Proprietary Information. Merchant shall not disclose, disseminate, transmit, publish, distribute, make available, or otherwise convey Tyler Confidential and Proprietary Information, and Merchant shall not use, make, sell, or otherwise exploit any such Tyler Confidential and Proprietary Information for any purpose other than the performance of this Processing Agreement, without Tyler’s written consent, except: (a) as may be required by law, regulation, judicial, or administrative process; or (b) as required in litigation pertaining to this Processing Agreement, provided that Tyler is given advance notice of such intended disclosure in order to permit it the opportunity to seek a protective order. Merchant shall ensure that all individuals assigned to perform services herein shall abide by the terms of this Section 7(a) and shall be responsible for breaches by such persons.
b. J
udicial Proceedings. If Merchant is requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose any Tyler Confidential and Proprietary Information, Merchant shall provide Tyler with prompt written notice of such request or requirement so that Tyler may seek protective orders or other appropriate remedies and/or waive compliance with the provisions of this Processing Agreement. If, in the absence of a protective order or other remedy or the receipt of a waiver by Tyler, Merchant nonetheless is legally compelled to disclose Tyler Confidential and Proprietary Information to any court or tribunal or else would stand liable for contempt or suffer other censure or penalty, Merchant may, without liability herein, disclose to such court or tribunal only that portion of Tyler Confidential and Proprietary Information which the court requires to be disclosed, provided that Merchant uses reasonable efforts to preserve the confidentiality of Tyler Confidential and Proprietary Information, including, without limitation, by cooperating with Tyler to obtain an

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6 appropriate protective order or other reliable assurance that confidential treatment shall be accorded Tyler Confidential and Proprietary Information. c. Security of User IDs and Passwords. Merchant is solely responsible for maintaining the confidentiality of its user IDs and passwords and all activities that occur under Merchant’s user IDs, even if fraudulent or not authorized by Merchant. Merchant acknowledges the heightened risk associated with access to its User IDs, passwords, transaction and account information (collectively, “Account Information”). Merchant represents and warrants that (i) Merchant will comply with applicable Association Rules and applicable law, (ii) Merchant will establish policies and procedures to protect such information in conformity with Association Rules and applicable law, including the storage and disclosure of such Account Information, (iii) Merchant will exercise reasonable care to prevent use or disclosure of Account Information. Merchant, and not Tyler, will be solely responsible for all activity, including all approvals, Transactions, chargebacks, returns and refunds processed, using Merchant’s user IDs and passwords. If a forensic investigation is initiated by a Card Network, Member, Tyler or Tyler’s Processor, then Merchant agrees to cooperate with such investigation until it is complete, including, without limitation, by providing logs related to its User IDs and passwords and Merchant’s compliance with Association Rules and applicable law.

8. REPRESENTATIONS AND

WARRANTIES
a. No Actions, Suits, or Proceedings. There are no actions, suits, or proceedings, pending or, to the knowledge of Tyler, threatened, that shall have a material adverse effect on Tyler’s ability to fulfill its obligations pursuant to or arising from this Processing Agreement.
b. C
ompliance with Laws and PCI DSS. Tyler and Merchant shall comply in all material respects with applicable federal, state, and local statutes, laws, ordinances, rules, and regulations. Merchant shall comply with PCI DSS version

4.0 and any more current versions or amendments thereto, including, without limitation, any relevant maintenance, inspection, scanning, remediation and training obligations set forth therein.
c. Ownership. Tyler is a Delaware corporation that is listed for trading on the New York Stock Exchange.
d. C ertain Business Practices . Neither Tyler nor any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Processing Agreement by any federal department or agency. Tyler further represents and warrants that it is not listed on any local, state or federal consolidated list of debarred, suspended, and ineligible contractors and grantees.
e. E
quipment Manufacturer Warranties. Tyler will pass through to Merchant any applicable manufacturer warranties that apply to Equipment purchased by Merchant through this Agreement.

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7 f. Disclaimer of Implied Warranties. EXCEPT FOR THE EXPRESS WARRANTIES

PROVIDED IN THIS PROCESSING AGREEMENT AND TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, TYLER HEREBY DISCLAIMS

ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS,

IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY

IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION OF LIABILITY
TYLER’S LIABILITY TO MERCHANT FOR DAMAGES ARISING OUT OF OR IN

CONNECTION WITH THIS PROCESSING AGREEMENT, WHETHER BASED ON A

THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT

LIABILITY, SHALL BE LIMITED TO THE TOTAL FEES PAID TO TYLER UNDER THIS

PROCESSING AGREEMENT (NET OF ASSOCIATION INTERCHANGE,

ASSESSMENTS AND FINES) FOR THE SIX MONTHS PRIOR TO THE TIME THE LIABILITY AROSE.

WHILE BOTH PARTIES ACKNOWLEDGE THAT THIS IS AN AGREEMENT FOR

SERVICES TO WHICH THE UNIFORM COMMERCIAL CODE DOES NOT APPLY, IN

NO EVENT SHALL TYLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR

SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST

REVENUES OR PROFITS, OR LOSS OF BUSINESS OR LOSS OF DATA ARISING

OUT OF THIS PROCESSING AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

10. INDEMNIFICATION
a. Chargebacks and Refunds. Merchant acknowledges that Tyler has agreed to be responsible for some of Merchant’s obligations to a Member for Transactions and Association Rules as set forth in the Member Bank Agreement. Member should debit the Merchant Account for chargebacks, returns, refunds, assessments, penalties and fines, and in the event Member assesses any such amounts to Tyler, including any amounts in excess of the balance of the Merchant Account, Tyler shall invoice the same to Merchant.
b. Applicable Law and Interpretations: Merchant shall indemnify and hold harmless Tyler from and against any claim or action related to Merchant’s violation of applicable law and/or Association Rules including without limitation any election to apply custom fee structures or customer surcharges.
c. Intellectual Property.
i. Tyler retains all ownership and copyright interest in and to any and all intellectual property, computer programs, related documentation, technology, know how and processes developed by Tyler and provided in connection with this Processing Agreement (collectively, the “Intellectual Property”),

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8 ii. Notwithstanding any other provision of this Processing Agreement, if any claim is asserted, or action or proceeding brought against Merchant that alleges that all or any part of the Intellectual Property, in the form supplied, or modified by Tyler, or Merchant’s use thereof, infringes or misappropriates any United States intellectual property, intangible asset, or other proprietary right, title, or interest (including, without limitation, any copyright or patent or any trade secret right, title, or interest), or violates any other contract, license, grant, or other proprietary right of any third party, Merchant, upon its awareness, shall give Tyler prompt written notice thereof. Tyler shall defend, and hold Merchant harmless against, any such claim or action with counsel of Tyler’s choice and at Tyler’s expense and shall indemnify Merchant against any liability, damages, and costs resulting from such claim. Without waiving any rights pursuant to sovereign immunity, Merchant shall cooperate with and may monitor Tyler in the defense of any claim, action, or proceeding and shall, if appropriate, make employees available as Tyler may reasonably request with regard to such defense. This indemnity does not apply to the extent that such a claim is attributable to modifications to the Intellectual Property made by Merchant, or any third party pursuant to Merchant’s directions, or upon the unauthorized use of the Intellectual Property by Merchant.
d. If the Intellectual Property becomes the subject of a claim of infringement or misappropriation of a copyright, patent, or trade secret or the violation of any other contractual or proprietary right of any third party, Tyler shall, at its sole cost and expense, select and provide one of the following remedies, which selection shall be in Tyler’s sole discretion: (a) promptly replace the Intellectual Property with a compatible, functionally equivalent, non-infringing system; or (b) promptly modify the Intellectual Property to make it non-infringing; or (c) promptly procure the right of Merchant to use the Intellectual Property as intended.

11. TAXES
a. Tax Exempt Status. Merchant is a governmental tax-exempt entity and shall not be responsible for any taxes for any Licensed Property or services provided for herein, whether federal or state. The fees paid to Tyler pursuant to this Processing Agreement are inclusive of any applicable sales, use, personal property, or other taxes attributable to periods on or after the Effective Date of this Processing Agreement.
b. E
mployee Tax Obligations. Each party accepts full and exclusive liability for the payment of any and all contributions or taxes for Social Security, Workers’ Compensation Insurance, Unemployment Insurance, or Retirement Benefits, Pensions, or annuities now or hereafter imposed pursuant to or arising from any state or federal laws which are measured by the wages, salaries, or other remuneration pay to persons employed by such party for work performed under this Processing Agreement.

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9 12. TERM, SUSPENSION, AND

TERMINATION
a. Term. The term of this Processing Agreement (the “Term”) shall commence on the Effective Date and shall continue in effect for three years unless otherwise set forth on an Order Form; provided, however, that at the end of such initial term, and on each subsequent anniversary of the Effective Date, the term shall automatically extend for an additional year unless either party provides, at least ninety (90) days prior to the end of the then current term, written notice that it does not wish to extend the term or otherwise terminates the agreement for Cause pursuant to Section 12(b). Notwithstanding the foregoing, Tyler may elect to cease providing payment processing services upon the termination or expiration of Tyler’s other agreement with Merchant to provide Tyler software or services.
b. T
ermination for Cause. Either party may terminate this Processing Agreement for Cause, provided that such party follows the procedures set forth in this Section (b).
i. For purposes of this Section, “Cause” means either:

A. a material breach of this Processing Agreement, which has not been cured within ninety (90) days of the date
such party receives written notice of such breach;
B. the failure by Merchant to timely pay when due any fees owed to Tyler pursuant to this Processing Agreement and any delinquent amounts remain outstanding for a period
of thirty (30) days after Tyler provides written notice of its intent to terminate for failure to pay;
C. breach of Section 7; or
D. if Tyler becomes insolvent or bankrupt, or is the subject of any proceedings relating to its liquidation or insolvency or for the appointment of a receiver or similar officer for it, has a receiver of its assets or property appointed or
makes an assignment for the benefit of all or substantially all of its creditors, or institutes or causes to be instituted any proceeding in bankruptcy or reorganization or
rearrangement of its affairs.
ii. No party may terminate this Processing Agreement under Section 12 b(i)(A) unless it cooperates in good faith with the alleged breaching party during the cure period and complies in good faith with the dispute resolution procedures set forth in Section 13 following such period.
iii. In the event either party terminates this Processing Agreement pursuant to this Section (b), each party shall return all products, documentation, confidential information, and other information disclosed or otherwise delivered to the other party prior to such termination, all revocable licenses shall terminate.

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10 c. Survival. The following provisions shall survive after the Term of this Processing Agreement: 2(c); 3; 4(c); 7; 10; 11; 12; 13; 14; and 15.

13. DISPUTE RESOLUTION
Any dispute arising out of, or relating to, this Processing Agreement that cannot be resolved within five (5) Business Days shall be referred to the individual reasonably designated by Merchant and Tyler’s representative assigned to Merchant’s account (“Intermediary Dispute Level”). Any dispute that cannot be resolved in ten (10) Business Days at the Intermediary Dispute Level shall then be referred to Merchant’s chief executive officer or other individual reasonably designated by Merchant and Tyler’s applicable division President (“Executive Dispute Level”), at such time and location reasonably designated by the parties. Any negotiations pursuant to this Section are confidential and shall be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. For any dispute that the parties are unable to resolve through informal discussions or negotiations or pursuant to the dispute resolution and escalation procedures set forth in this Processing Agreement, the parties shall submit the matter to non-binding mediation prior to the commencement of any legal proceeding. The foregoing shall not apply to claims for equitable relief under Section 7.

14. MISCELLANEOUS
a. Assignment. Neither party may assign this Processing Agreement or any of its respective rights or obligations herein to any third party without the express written consent of the other party, which consent shall not be unreasonably withheld.
b. C
umulative Remedies. Except as specifically provided herein, no remedy made available herein is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy provided herein or available at law or in equity.
c. No
tices . Except as otherwise expressly specified herein, all notices, requests or other communications shall be in writing and shall be deemed to have been given if delivered personally or mailed, by certified or registered mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth on the signature page hereto, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery or three (3) days following deposit in the mail. Notwithstanding the foregoing, notice shall be deemed delivered when provided in connection with billing or invoicing. d. C
ounterparts . This Processing Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
e. W aiver . The performance of any obligation required of a party herein may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein.

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11 f. Entire Agreement. This Processing Agreement constitutes the entire understanding and contract between Tyler and Merchant for payment processing services (as detailed in an Order Form) and supersedes any and all prior or contemporaneous oral or written representations, contracts or communications with respect to the subject matter hereof.
g. A
mendment . This Processing Agreement shall not be modified, amended, or in any way altered except by an instrument in writing signed by the properly delegated authority of each party. All amendments or modifications of this Processing Agreement shall be binding upon the parties despite any lack of consideration.
h. S
everability of Provisions. In the event any provision hereof is found invalid or unenforceable pursuant to judicial decree, the remainder of this Processing Agreement shall remain valid and enforceable according to its terms. i. R
elationship of Parties. The parties intend that the relationship between the parties created pursuant to or arising from this Processing Agreement is that of an independent contractor only. Neither party shall be considered an agent, representative, or employee of the other party for any purpose. j. G
overning Law. Any dispute arising out of or relating to this Processing Agreement or the breach thereof shall be governed by the laws of the state of Merchant’s domicile, without regard to or application of choice of law rules or principles.
k. A
udit . Tyler shall maintain complete and accurate records of all work performed pursuant to and arising out of this Processing Agreement. Merchant may, upon the written request, audit any and all records of Tyler relating to services provided herein. Merchant shall provide Tyler twenty-four hour notice of such audit or inspection. Tyler shall have the right to exclude from such inspection any Tyler Confidential and Proprietary Information not otherwise required to be provided to Merchant as a part of this Processing Agreement. Any such audit shall be conducted at Tyler’s principal place of business during Tyler’s normal business hours and at Merchant’s sole expense.
l. No T
hird Party Beneficiaries. Nothing in this Processing Agreement is intended to benefit, create any rights in, or otherwise vest any rights upon any third party. m. C ontra Proferentem. The doctrine of contra proferentem shall not apply to this Processing Agreement. If an ambiguity exists in this Processing Agreement, or in a specific provision, neither the Agreement nor the provision shall be construed against the party who drafted the Agreement or provision. n. F
orce Majeure. No party to this Processing Agreement shall be liable for delay or failure in the performance of its contractual obligations arising from any one or more events that are beyond its reasonable control, including, without limitation, acts of God, war, terrorism, and riot. Upon such delay or failure affecting one party, that party shall notify the other party and use all reasonable efforts to cure or alleviate the cause of such delay or failure with a view to resuming performance of its contractual obligations as soon as practicable.

Notwithstanding the foregoing, in every case the delay or failure to perform must be beyond the control and without the fault or negligence of the party claiming excusable delay. Any performance times pursuant to or arising from this

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12 Processing Agreement shall be considered extended for a period of time equivalent to the time lost because of any delay that is excusable herein. This section does not excuse any party from payment obligations under this Processing Agreement.
o. Equitable Relief. Each party covenants, represents, and warrants that any violation of this Processing Agreement by such party with respect to its respective obligations set forth in Section 7 shall cause irreparable injury to the other party and shall entitle the other party to extraordinary and equitable relief by a court of competent jurisdiction, including, without limitation, temporary restraining orders and preliminary and permanent injunctions, without the necessity of posting bond or security.

15. CERTAIN DEFINITIONS
a. Association means a group of Card issuer banks or debit networks that facilitates the use of payment cards accepted under this Processing Agreement for processing, including, without limitation, Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers, debit network providers, gift card and other stored value and loyalty program providers. Associations also includes the Payment Card Industry Security Standards Council and the National Automated Clearinghouse Association.
b. A
ssociation Rules means the bylaws, rules, and regulations, as they exist from time to time, of the Associations.
c. C ard or Payment Card means an account, or evidence of an account, authorized and established between a Cardholder and an Association, or representatives or members of an Association that Merchant accepts from Cardholders as payment for a good or service. Payment Instruments include, but are not limited to, credit and debit cards, stored value cards, loyalty cards, electronic gift cards, authorized account or access numbers, paper certificates and credit accounts. d. C
ardholder means the person to whom a Card is issued or who is otherwise entitled to use a Card.
e. C hargeback means a reversal of a Card sale Merchant previously presented pursuant to Association Rules.
f. M ember or Member Bank means an entity that is a member of the Associations. g. Order Form means a document listing the pricing associated with this Processing Agreement.
h. P rocessing Agreement means this Payment Card Processing Agreement, including all exhibits attached hereto and to be attached throughout the Term of this Processing Agreement, all of which are incorporated by reference herein. i. R etrieval Request means a request for information by a Cardholder or Card issuer relating to a claim or complaint concerning a Card sale Merchant has made.
j. T ransaction means the evidence and electronic record of a sale or lease transaction representing payment by use of a Card, echeck/ACH, digital payment or of a return/refund/credit to a Cardholder or any other payor.

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13 k. Tyler Confidential and Proprietary Information means all information in any form relating to, used in, or arising out of Tyler’s operations and held by, owned, licensed, or otherwise possessed by Tyler (whether held by, owned, licensed, possessed, or otherwise existing in, on or about Tyler’s premises or Merchant’s offices, residence(s), or facilities and regardless of how such information came into being, as well as regardless of who created, generated or gathered the information), including, without limitation, all information contained in, embodied in (in any media whatsoever) or relating to Tyler’s inventions, ideas, creations, works of authorship, business documents, licenses, correspondence, operations, manuals, performance manuals, operating data, projections, bulletins, customer lists and data, sales data, cost data, profit data, financial statements, strategic planning data, financial planning data, designs, logos, proposed trademarks or service marks, test results, product or service literature, product or service concepts, process data, specification data, know how, software, databases, database layouts, design documents, release notes, algorithms, source code, screen shots, other research and development information and data, and Intellectual Property. Notwithstanding the foregoing, Tyler Confidential and Proprietary Information does not include information that: (a) becomes public other than as a result of a disclosure by Merchant in breach hereof; (b) becomes available to Merchant on a non-confidential basis from a source other than Tyler, which is not prohibited from disclosing such information by obligation to Tyler; (c) is known by Merchant prior to its receipt from Tyler without any obligation of confidentiality with respect thereto; or (d) is developed by Merchant independently of any disclosures made by Tyler.

Exhibit A
American Express Sponsored Merchant Terms
(“SMT”)

1. Compliance. If Merchant, also referred to herein as “Sponsored Merchant,” accepts American Express cards as a form of payment processed through Tyler’s electronic filing or electronic payment systems, Client agrees to do so in accordance with the terms and conditions of this SMT.

2. Merchant Operating Guide. Merchant agrees to comply with the terms and conditions of the American Express Merchant Operating Guide found at: www.americanexpress.com/merchantopguide
. Such terms and conditions
shall include, without limitation, provisions relating to: (i) trademarks and brand requirements; (ii) applicable laws; (iii) binding arbitration; and (iv), website display requirements.

3. Re-directing Prohibited. Merchant agrees it shall not process Transactions, or receive any payments, on behalf of (unless otherwise required by law) any other party.

4. American Express Liability. SPONSORED MERCHANT ACKNOWLEDGES AND

AGREES THAT IN NO EVENT SHALL AMERICAN EXPRESS, ITS

AFFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO

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14 SPONSORED MERCHANT FOR ANY DAMAGES, LOSSES, OR COSTS

INCURRED, INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE,

CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF

ANY KIND (WHETHER BASED ON CONTRACT, TORT, INCLUDING

NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES,

REGULATIONS, OR ANY OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THIS SMT.

5. Third-Party Beneficiaries. Sponsored Merchant acknowledges and agrees that American Express has the right, but not the obligation, to the benefits of this SMT that will provide American Express the ability to enforce the terms of this SMT against the Sponsored Merchant. The Sponsored Merchant further acknowledges and agrees that it will not be deemed a beneficiary under any agreement between American Express and Tyler, and will not have the ability to make any claim or assert any right under such agreement between Tyler and American Express.

6. Definitions. Except as defined herein or otherwise required by the context herein, all defined terms used herein have the meaning ascribed to such terms as set forth in the Agreement between Tyler and Merchant or the American Express Merchant Operating Guide.

Exhibit B
Payment Service Devices/Equipment – Rental
and Purchase
This Exhibit A is incorporated into that certain Payment Processing Agreement between Tyler and Merchant (the “Processing Agreement”).

1. TERMS APPLICABLE TO BOTH PURCHASE AND RENTAL OF EQUIPMENT a. Generally. Tyler will provide PCI-compliant Payment Service Devices as elected by Merchant and described in the Order Form and related equipment for rent or purchase during the term of this Agreement for the fees set forth in the Order Form.
b. S
hipping Timelines. Tyler shall ship newly -requested Payment Service Devices (and associated supplies, such as printers, cables, power supplies, mounting hardware or other equipment identified in an Order Form) (“Equipment”) to Merchants within (a) 14 calendar days of the request or (b) 14 calendar days prior to payment service commencement/go-live, whichever is later. Tyler shall ship failure- related replacement Equipment to Merchants within two (2) Business Days of a written request. Shipping timelines are subject to Payment Service Device availability by the applicable manufacturer or supplier and shall be extended until such devices become available. c. D
elivery and Acceptance. Tyler will deliver the Equipment to the location designated by Merchant in the Order Form. If an address for delivery is not expressly designated in the Order Form, such

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Exhibit 2
15 Equipment will be delivered to Merchant’s address otherwise set forth in the Order Form. Merchant will be deemed to have accepted each piece of Equipment on the earlier of (i) when Merchant acknowledges receipt, and (ii) seven days after shipment of each such piece of Equipment, unless Tyler is notified earlier in writing by Merchant that the Equipment has not been received or is not functional. d. Rights and Restrictions. Tyler shall process payments received from Merchant’s Payment Service Devices provided by Tyler. Merchant acknowledges that the Payment Service Devices are embedded with proprietary encryption technology that will be injected by Tyler’s designee into the Payment Services Devices. Merchant agrees that all of Merchant’s over-the-counter transactions processed through a Tyler application will be required to use Payment Service Devices provided by Tyler. Merchant will maintain each Payment Service Device in its possession and will not permit any physical alteration or modification of any piece of Equipment. Each piece of Equipment will be used only in the ordinary course of Merchant’s business in connection with Tyler applications. The Equipment is not being sold or rented to the Merchant for home or personal use. Merchant acknowledges that the Equipment rented or purchased through this Exhibit may not be compatible with another processor’s systems.

Merchant hereby grants Tyler a security interest in (i) all Equipment to secure payment of the purchase price, and (ii) all Equipment to secure payment of the monthly rental payments. Merchant authorizes Tyler to file financing statements with respect to the Equipment in accordance with the Uniform Commercial Code, signed by Tyler directly or as Merchant’s attorney-in-fact.
e. C
hange Notice. Tyler shall provide thirty (30) calendar days written notice for Equipment changes that affect Merchants, which includes, without limitation, when Tyler will no longer support a Payment Service Device. Tyler will only be obligated to replace Equipment when a Payment Service Device is no longer capable of functioning or Tyler ends support of the specific make and model of the Equipment.

2. TERMS APPLICABLE ONLY TO EQUIPMENT PURCHASED
Tyler will sell to Merchant the Equipment identified in the Order Form, free and clear of all liens and encumbrances, expect that any proprietary encryption technology included within the Payment Service Devices or any other Tyler Intellectual Property will be provided to you pursuant to the License set forth in Section 5 of the Agreement. Maintenance and repair of Merchant-purchased Equipment is the responsibility of Merchant, unless Merchant has purchased Tyler’s maintenance services for Payment Service Devices.

3. TERMS APPLICABLE ONLY TO EQUIPMENT RENTAL
a. Tyler will rent to Merchant the Equipment identified in the Order Form, as set forth herein. The rental period will commence when the Equipment is deemed accepted. At the end of the rental term

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Exhibit 2
16 identified in an Order Form or when the Agreement is terminated, Merchant will promptly return each piece of Equipment to Tyler at Merchant’s cost, in the same condition as when received, ordinary wear and tear excepted, unless otherwise directed by Tyler. The rental period will terminate when Equipment is returned to Tyler at 840 West Long Lake Road, Detroit, Michigan 48098, Attention: Tyler Payments, or at an earlier date specified by Tyler in writing. The following information must be included within the shipping box: (i) Merchant name, complete address and phone number; (ii) name of person to contact if there are any questions; (iii) your Merchant account number; and (iv) serial number of the Equipment. Merchant will retain proof of delivery documents and the applicable serial number. For any piece of Equipment that is not returned to Tyler in accordance with this paragraph, Merchant will pay Tyler the greater of $250.00 or the fair market value of such piece of Equipment as if it were in the condition described herein.
b. Merchant will not assign its rights or obligations under this Exhibit, or pledge, lend, create a security interest in, incur any liens or encumbrances on, or sublease the Equipment to any other person or entity without Tyler’s prior written consent. Any such assignment, delegation, sublease, pledge, security interest or lien in the absence of consent shall be void.
c. The provisions of this Exhibit will survive the termination or expiration of the Agreement and continue until all rented Equipment is returned to Tyler or paid for.

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San Mateo, CA Amend 050824
Final Audit Report 2024-05-08

"San Mateo, CA Amend 050824" History
Document created by Stacey Gerard ([email protected]) 2024-05-08 - 8:32:09 PM GMT- IP address: 163.116.144.102

Document emailed to [email protected] for signature 2024-05-08 - 8:33:12 PM GMT

Email viewed by [email protected]
2024-05-08 - 8:38:04 PM GMT- IP address: 136.32.169.101

Signer [email protected] entered name at signing as Tina Mize 2024-05-08 - 8:39:40 PM GMT- IP address: 136.32.169.101

Document e-signed by Tina Mize ([email protected]) Signature Date: 2024-05-08 - 8:39:42 PM GMT - Time Source: server- IP address: 136.32.169.101

Agreement completed.
2024-05-08 - 8:39:42 PM GMT

Created:
2024-05-08
By:

Status:

Transaction ID:

Stacey Gerard ([email protected])
Signed
CBJCHBCAABAAJmT5S12ZntIR_2qVae9JQuPojxDG1SHv

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CITY OF SAN MATEO
4 9
7 3

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: 14-1311 File ID: 24-8783 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: June 03, 2024
SUBJECT:
390 1st Avenue – Lease Amendment
RECOMMENDATION:

Approve the 2nd amendment to the lease between the City and Tong Sui, LLC, for the City owned property at 390 1st Avenue to assign the lease to Antoine Patisserie, LLC, dba Anton SV Pâtisserie, under the existing lease terms; authorize a security deposit amount of $1,253.76; and authorize the City Manager to execute the amendment in substantially the form presented.

BACKGROUND:

On October 12, 2021, the City Council approved the 1st amendment and an assignment of the lease to Tong Sui, LLC for the City owned property at 390 1st Avenue. The property is located in the Main Street garage on the corner of 1st Avenue adjacent to the train tracks. The retail space is approximately 355 square feet. Due to their expansion needs surpassing the space available, Tong Sui relocated from its location on 1st Avenue to 250 S B Street between 2nd and 3rd Avenues. Tong Sui closed its first location in early 2024 and has continued to meet its lease obligations to the City.

Tong Sui does not need two locations in the Downtown and has identified Anton SV Pâtisserie as the assignee to take over the remaining four years of the lease, which will expire on June 30, 2028. Anton SV Pâtisserie is a bakery that specializes in mille crepe cakes and other desserts. A mille crepe is a layer cake made of crepes stacked with different fillings. Anton SV Pâtisserie is headquartered in San Jose, with fourteen pickup locations across the Bay Area, and will operate primarily as a take-out bakery.

Prodesse Properties, the City’s commercial property manager, has performed the due diligence of evaluating Anton SV Pâtisserie and has concluded that it has adequate financial holdings and experience to operate a pickup location to Downtown San Mateo. Under the terms of the original lease agreement, the City may not unreasonably withhold its consent to a lease assignment. Accordingly, staff is proposing a second amendment to the lease to assign it to the new lessee; clarifying language stating prevailing wages must be paid for any improvements to the property because it is City- owned; and collecting a security deposit of $1,253.76, equivalent to one month’s base rent. All other terms of the lease will remain the same. Once the assignment of the lease is completed, Anton SV Pâtisserie anticipates opening the facility in the summer of 2024.

BUDGET IMPACT:

The assignment and lease amendment will have no budget impact. The 2nd Lease Amendment will generate approximately $63,000 in rental income for the City over the course of the remaining term. Commercial property revenue funds the City’s expenses for operation, maintenance, and improvements to downtown parking facilities and are also used for street cleaning services. The revenue is deposited in the Downtown Parking and Maintenance Fund (Fund 28).

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CITY OF SAN MATEO
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ENVIRONMENTAL DETERMINATION:

This item is 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 2nd Lease Amendment

STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009

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2nd AMENDMENT TO LEASE

BETWEEN THE CITY OF SAN MATEO AND TONG SUI, LLC DBA TONG SUI

ASSIGNMENT OF LEASE TO ANTOINE PATISSERIE, LLC DBA ANTON SV PATISSERIE This ASSIGNMENT AND 2nd AMENDMENT is made on _____________________, between the City of San Mateo (“Landlord”), Tong Sui, LLC (“Assignor”) and Antoine Patisserie, LLC DBA Anton SV Patisserie (“Assignee”).

RECITALS.

A: The City of San Mateo (“Landlord”), and Assignor as Tenant, initially entered into a lease dated June 12, 2018 (the “Lease”), which was subsequently amended on October 12, 2021 (the “1st Amendment”), for the Premises located in the City of San Mateo commonly known as 390 1st Avenue, San Mateo, CA 94401.

B: Assignor desires to assign all rights, title, and interest in the Lease to Assignee, and Assignee wishes to assume the Lease.

C: Lessor consents to the proposed assignment on the terms and condition set forth in this Assignment and Amendment.

NOW, THEREFORE, the parties agree as follows:

1. ASSIGNMENT AND ASSUMPTION. Assignor hereby assigns and transfers to Assignee all its right, title, and interest in the Lease and Assignee accepts the assignment and assumes and agrees to perform, from the date the assignment becomes effective, as a direct obligation to Lessor, all provisions of the Lease.

2. SECURITY DEPOSIT. Assignee agrees to pay Lessor a security deposit in the amount of One Thousand, Two Hundred and fifty-three and 00/100 ($1,253.76) dollars, which can be used by the Lessor for unpaid rent and any necessary maintenance or repairs. Assignor will receive the original security deposit in the amount of One Thousand, fifty and 00/100 ($1,050.00) dollars from the Lessor.

3. NOTICE. Yong Hao Tam
1969 O’Toole Way, San Jose, CA 95131
[email protected]
510. 246.0278

4. TENANT IMPROVEMENTS. Section 16 of the Lease is hereby replaced with the following: “Tenant shall require its contractor to comply with all state prevailing wages requirements for all Tenant Improvements constructed on the Premises including but not limited to, the payment of prevailing wages, certified payroll