San Mateo City Council
October 20, 2025

APPENDIX A: BYRNE SCIP ADVISORY BOARD ROSTER
Name Title Organization/Agency
1 Linda Penner (Chair) Chair Board of State and Community Corrections
2 Juan Avila Chief Operating Officer
(Victim Services) Garden Pathways
3 Norma Cumpian Director, Women’s Department
(Community)
Anti-Recidivism Coalition
4 Brenda Grealish
Executive Officer, Council on
Criminal Justice and Behavioral
Health (Behavioral Health)
California Department of Corrections
and Rehabilitation
5 Kirk Haynes Chief Probation Officer
(Law Enforcement
Fresno County
6 Jason Johnson
Director, Division of Adult
Parole Operations
(Law Enforcement)
California Department of Corrections
and Rehabilitation
7 Jeffrey Macomber Secretary
(Law Enforcement) California Department of Corrections
and Rehabilitation
8 Nancy O’Malley District Attorney (Retired)
(Prosecution) Alameda County
9 Alan Slater Chief Executive (Retired)
(Courts) Orange County Superior Court
10 Eric Taylor
Sheriff-Coroner (Law
Enforcement) San Benito County
11 Eloisa Tuitama Staff Counsel
(Legal Counsel)
Board of State and Community
Corrections
12 Angeles D. Zaragoza
Attorney, Deputy Executive
Director, Youth Programs
(Community)
Los Angeles Room and Board

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City of San Mateo
BSCC 1355-25

APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Subawards Required Attachment: Applicants will be prompted to upload this document from the BSCC Byrne SCIP website to the BSCC Submittable Application Portal.

The Byrne SCIP RFP includes requirements that apply to non- governmental organizations that receive BSCC grant funds as subcontractors . Grantees are responsible for ensuring that all subcontracted third parties continually meet these requirements as a condition of receiving any Byrne SCIP funds. The RFP describes these requirements as follows:

A
ny non-governmental organization that receives Byrne SCIP funds must:
• H
ave been duly organized, in existence, and in good standing at least six (6) months prior to the start date of the applicant’s Grant Agreement with BSCC.

N
ote: N on-governmental organizations that have recently reorganized or have merged with other qualified non-governmental organizations that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the applicant’s Grant Agreement with BSCC. • B
e registered with the California Secretary of State’s Office, if applicable. • H
ave a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship).
• H
ave any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.

I
n the table below, provide the name of the Grantee and list all subcontracted third parties.

N
ame of Grantee:

Name of Subcontracted Third
Party Address Email / Phone Meets All
Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐

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City of San Mateo
BSCC 1355-25

APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Subawards S
ee next page for signature block
G
rantees are required to update this list and submit it to BSCC any time a new third- party subcontract is executed after the initial assurance date. Grantees shall retain (on- site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Byrne SCIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

T
he BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A
signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS

STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE x

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CITY OF SAN MATEO
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3 0

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: 25-10458 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: October 20, 2025
SUBJECT:
365 2nd Avenue — Lease Amendment
RECOMMENDATION:

Approve the Assignment and Fourth Amendment to the lease between the City and Genius Learning and Dennis Tong, dba Beard Papa’s, for the City-owned property at 365 2nd Avenue, to assign the lease to KIZUNA US, LLC and Thai Ho; authorize an increase in the security deposit to $3,000; and authorize the City Manager to execute the amendment in substantially the form presented.

BACKGROUND:

On April 22, 2023, the City Council approved a Third Amendment to the lease to Learning Genius and Dennis Tong dba Beard Papa’s, a puff pastry dessert shop located on 365 2nd Avenue on the ground floor of the Main Street Garage. Dennis Tong and Learning Genius has decided to sell their financial interests to Kizuna US, LLC and Thai Ho. The new owner will continue to operate the business as Beard Papa’s. The lease will terminate on November 30, 2026, with no lease extensions remaining. At that point, if the lessees wish to continue operating the business at that site, they will need to negotiate a new lease with the City.

The City’s commercial property manager has performed the due diligence of evaluating Kizuna US, LLC and Thai Ho’s credit history. The property manager concluded that the assignee meets the financial requirements to assume the lease. Under the terms of the lease, the City may not unreasonably withhold its consent to a lease assignment.

Staff propose a Fourth Amendment to the lease to assign it to the new lessee. Staff recommends that this Assignment and Fourth Amendment include an increase in the security deposit to $3,000, approximately one and a half months’ rent. All other terms of the lease will remain unchanged.

BUDGET IMPACT:

The lease amendment will have no budget impact. The lease will generate approximately $25,500 in revenue over the course of the remaining 12-month term. Commercial property revenue is deposited in the General Fund and has been used to offset the City’s expenses for operation, maintenance, and improvements to Downtown parking facilities and for Downtown street cleaning services.

ENVIRONMENTAL DETERMINATION:

This lease amendment 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.)

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CITY OF SAN MATEO
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3 0

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Assignment and Fourth Amendment of the Lease

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

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A

SSIGNMENT AND FOURTH AMENDMENT OF LEASE

BETWEEN THE CITY OF SAN MATEO AND DENNIS TONG AND GENIUS LEARNING TO

KIZUNA US, LLC AND THAI HO

This ASSIGNMENT AND FOURTH AMENDMENT OF LEASE is made
on___________________, between the City of San Mateo, Genius Learning, LLC and Dennis Tong (jointly known as “Assignor”) operator of Beard Papa’s and Kizuna US, LLC and Thai Ho (jointly known as “Assignee”).

R
ECITALS.

A.

The City of San Mateo (“Lessor”), and Assignor as lessee, initially entered into a written lease dated July 1, 2009, a 1ST amendment on December 12, 2014, a 2nd amendment on May 25, 2017, and a 3rd amendment on April 12, 2023, for the premises located in the City of San Mateo, commonly known as 365 2nd Avenue, San Mateo, CA 94401.

B.

Dennis Tong and Genius Learning, LLC desire to assign all their rights, title and interests in the amended Lease to Kizuna US, LLC and Thai Ho, and Kizuna US, LLC and Thai Ho wish to assume the amended Lease.

C. Le
ssor consents to the proposed assignment on the conditions set forth in this Fourth Am
endment.

N
OW, THEREFORE, the parties agree as follows:

1. ASSI
GNMENT AND ASSUMPTION. Assignor hereby assigns and transfers to A
ssignee all its right, title, and interest in the Lease and Assignee accepts the as
signment 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. SEC
URITY DEPOSIT. Section 8(A) of the original lease dated July 1, 2009, is hereby amended to increase the security deposit from $1,282.50 to $3,000.

Assignee agrees to pay Lessor $3,000.00 as a security deposit, 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 $1,953.49 from the Lessor.

3. NO
TICES.

Kizuna US, LLC and Thai Ho
365 2nd Avenue, San Mateo, CA 94401
Telephone (408) 802-3931

4. L
ANDLORD CONSENT. The City consents to the assignment of the amended lease.

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Except as modified by this Assignment and the First, Second, and Third Amendments, all terms and conditions of the original Lease and Amendments shall remain in full force and effect.

5. EFFECTIVE DATE OF ASSIGNMENT. The Effective Date shall be October 20, 2025, or the date of the close of escrow, whichever occurs later.

Executed at San Mateo, California, on the day and year first above written.

ASSIGNOR ASSIGNEE

____________________ ________________________ Dennis Tong Thai Ho
Genius Learning, LLC Member
Kizuna US, LLC

CONSENT OF LESSOR

The undersigned is the Lessor in the lease described in the above assignment and consents to the assignment to Kizuna US, LLC and Thai Ho jointly waiving none of the Lessor’s rights under the existing Lease.

LESSOR

City of San Mateo

By ________________________

Alex Khojikian, City Manager

APPROVED AS TO FORM:

___________________________
Mazarin Vakharia
Assistant City Attorney

Exhibit A: Original, 1
st, and 2nd , and 3rd Lease Agreements

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3rd AMENDMENT TO LEASE
BETWEEN THE CITY OF SAN MATEO (“LANDLORD”) AND SWEET CHEEKS PUFFS, LLC (“TENANT”), DBA BEARD PAPA’S, AND ASSIGNMENT OF LEASE TO

GENIUS LEARNING, LLC AND DENNIS TONG

This ASSIGNMENT AND THIRD AMENDMENT is made on _____________________ between the City of San Mateo, Sweet Cheeks Puffs, LLC, a California limited liability company, DBA Beard Papa’s (“Assignor”) and Genius Learning, LLC and Dennis Tong (jointly known as “Assignee”).

RECITALS.

A: The City of San Mateo (“Landlord”), and Assignor as tenant, initially entered into a written lease dated July 1, 2009 and 1ST amendment on December 12, 2014, and 2nd amendment on May 25, 2017 for the premises located in the City of San Mateo commonly known as 365 2nd Avenue, San Mateo, CA 94401.

B: Wynee May Yeung and Ying Kit Yeung members of Sweet Cheeks Puffs, LLC desire to assign all their rights, title and interest in the amended Lease currently to Genius Learning, LLC and Dennis Tong, and Genius Learning, LLC and Dennis Tong and Genius Learning, LLC wishes to assume the amended Lease.

C: LANDLORD consents to the proposed assignment on the condition set forth in this Amendment.

N
OW, THEREFORE, the parties agree as follows:

1. ASSI
GNMENT AND ASSUMPTION. Assignor hereby assigns and transfers to A
ssignee all its right, title, and interest in the Lease and Assignee accepts the as
signment and assumes and agrees to perform, from the date the assignment becomes effective, as a direct obligation to Landlord, all provisions of the lease.

2. SEC
URITY DEPOSIT. Assignee agrees to pay Landlord $1,949.56 as a security deposit, which can be used by the Landlord for unpaid rent, and any necessary maintenance or repairs at the expiration of the tenancy. Assignor will receive back the original security deposit in the amount of $1,282.50 from the Landlord.

3. NO
TICE.

Genius Learning, LLC and Dennis Tong
365 2nd Avenue, San Mateo, CA 94401
Telephone: 650-666-7726
Email: [email protected]
DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033 4/12/2023

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4. TENANT IMPROVEMENTS. This tenant improvement clause is hereby added to the Lease to read “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 submissions, overtime and work hour requirements, apprenticeship obligations, and contractor registration with the Department of Industrial Relations.”

5. LANDLORD CONSENT. Landlord consents to the assignment of this amended lease.

6. Except for the changes shown in this assignment and amendment, the original Lease and Amendments remain in full force and effect.

7. EFFECTIVE DATE OF ASSIGNMENT. May 1, 2023. Or if escrow under the Business Purchase Agreement between Wynee May Yeung and Ying Kit Yeung members of Sweet Cheeks Puffs, LLC and Genius Learning LLC and Dennis Tong closes after May 1, 2023, on the date of the close of that escrow.

E
xecuted at San Mateo, California, on the day and year first above written.

ASSIGNEE
_______________ _________
D ennis Tong
Managing Member

ASSIGNOR
____________________
Wynee May Yeung
Member
Sweet Cheeks Puffs, LLC Genius Learning, LLC
__________________________
Y ing Kit Yeung Dennis Tong
Member
Sweet Cheeks Puffs, LLC
DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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CO

NSENT OF LANDLORD
The under
signed is the Landlord in the lease described in the above assignment and consents to the assignment to Genius Learning, LLC and Dennis Tong jointly waiving none of the Landlord’s rights under the existing Lease.

LA
NDLORD
C
ity of San Mateo
By
________________________
D
rew Corbett, City Manager
APPR
OVED AS TO FORM:
___________________________

Mazarin Vakharia
Assistant City Attorney
E
xhibit A: Original, 1st, and 2nd Lease Agreements
DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Genius Learning LLC
Board Resoluon
This board resoluon is made and entered on March 1, 2023 by and between the following Pares of Genius Learning LLC:

Dennis Tong, Managing Member
Linda Tong, Member
All pares agree for Dennis Tong to represent Genius Learning to apply for the Lease at 365 2nd Avenue, San Mateo, CA 94401
___________________________ Date_________________
Linda Tong, Member
___________________________ Date_________________
Dennis Tong, Managing Member
3/1/2023
3/1/2023
DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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ASSIGNMENT AND SECOND AMENDMENT OF LEASE
This Agreement is made on 'IA.lei % 2017, between Peninsula Puffs LLC, A California Corporation, DBA Beard Papa's Sweets Cafe ("Assignor'') and Sweet Cheeks Puffs, LLC, a California limited liability company, DBA Beard Papa's Sweets Cafe ("Assignee").

RECITALS.

A: The City of San Mateo ("Lessor''), and Assignor as tenant, entered into a written lease dated July 1, 2009 and amended on December 12, 2014 ("The Lease"), in which Lessor leased to Assignor and Assignor leased from Lessor premises located in the City of San Mateo commonly known as 365 2nd Avenue, San Mateo, CA 94401.

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

C: Lessor co nsents to the proposed assignment on the condition set forth in this assignment.

The parties agree as follows:

1. ASSIGNMENT AND ASSUMPTION. Assignor 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. Grant of Option. Provided Tenant/Assignee has not been late in payment of rent more than 2 times in a calendar year, specific to the tenant, tenant shall have one (1) option to extend the Term of this Lease ("Extension Option") beyond the Expiration Date for an additional period of Eighty Four Months (84) months ( "Extended Term") by giving Landlord written notice of such election ("Option Exercise Notice") not earlier than 24 months nor later than 6 months prior to the expiration of the Lease term, The Option Exercise Notice shall be given by certified or registered mail (return receipt requested) or by Federal Express, United Parcel Service or other overnight courier service which obtains personal signatures upon delivery. Such notice shall be deemed given upon receipt by the Landlord or upon refusal to accept delivery at Landlord's address for notice. If Landlord does not receive the Option Exercise Notice within the time period provided above, all rights under the Extension Option shall terminate. Tenant shall have no right to exercise the Extension Option notwithstanding any provision in the grant to the contra1y while Tenant is in default of this Lease beyond any applicable cure period.

3. Monthly Base Rent During Extended Terms. Monthly Base Rent for the First Extended Term shall be One Thousand Seven Hundred Eighty Four & 12/100 ($1,784.12) with annual increases of three percent (3%) per year thereafter.

Exhibit A
DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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ORIGINAL
AMENDMENT NO. ONE TO THE LEASE

BETWEEN THE CITY OF SAN MATEO AND

PENINSULA PUFFS LLC, A CALIFORNIA CORPORATION
DBA BEARD PAPA'S SWEETS CAFÉ

TO EXTEND TERM
WHEREAS, the City of San Mateo ("City"), a municipal corporation of the State of California, and Peninsula Puff LLC, a California Corporation dba Beard Papa's Sweet Café ("Beard Papa"), entered into a lease for retail space ("Lease") on September 1, 2009; and
WHEREAS, the initial Lease term is five years; and
WHEREAS, Section 6 (C) of the Lease provided that the Lease by be extended for another five years, except that the rent may be increased; WHEREAS, City and Beard Papa wish to extend the Lease term for an additional five years.

NOW, THEREFORE, the parties agree as follows:

1. Section 2 of the Lease is amended to read:

Effective December 1, 2014 the new base rent schedule is as follows:

December 1st, 2014 through November 30th, 2015 — $1,539.00 per month December 1st, 2015 through November 30th, 2016 — $1,585.17 per month December 1st, 2016 through November 30th, 2017 —$1,632.73 per month December 1st, 2017 through November 30th, 2018 —$1,681.71 per month December 1st, 2018 through November 20th, 2019 — $1,732.16 per month

2. Sections 6 A of the Lease is amended to read:

The lease for the above location expires on November 20th, 2019.

QACDDEconomie Development 2013-present (MC)1DT Lease Agreements \Beard Papas \Second LeaselAttachment 3. City of San Mateo - Peninsula Puffs, LLC Proposed Amendment to Lease.doe DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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PENINSULA PUFF LLC
dba Beard Papa's Swlet Cafe
Mary Rose Gaivia-Ciruz, Peninsula Puffs LLC
•Date: i( ' ZjL

CITY OF SAN MATEO
Date:
hhi 8640,
Patrice Olds, City Clerk
The remaining terms of the Lease remain in full force and effect.

Approved as to Form:
ft-0
Q:\CDD\Eonomic Development 2013-present (MC)DT Lease Agreementsliearcl Papas\ Second LeaselAttachment 3. City of San Mateo - Peninsula Puffs. LLC Proposed Amendment to Lease.doc DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Date July 1, 2009
City of San Mateo ("Landlord") and Peninsula Puffs LLC, a California corporation, DBA Beard Papa's Sweets Cafe ("Tenant") agree as follows:

1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: 365 2nd Ave., San Mateo, CA 94401 ("Premises"), approximately 513 square feet, which comprise approximately 13% of the total square footage of rentable space in the entire property. See Exhibit A for a further description of the Premises.

2. BASE RENT: Tenant agrees to pay a monthly Base Rent ("Base Rent") at the rate of $1,282.50 per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, Base Rent shall be increased annually by 3% or the amount of any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers ("CPI") for San Francisco Bay Area (CPI-U SF/Oakland/San Jose), whichever is higher. However, in no event will an annual rent increase exceed 6%. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI.

3. RENT:

A. Definition: "Rent" shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit.

B. Payment: Rent shall be paid to City of San Mateo at 330 W. 20th Avenue, San Mateo CA 94403, to the attention of: City of San Mateo, EDBA, 330 West 20th Avenue, San Mateo, CA 94403 Attn:

EDBA or at any other location specified by Landlord in writing to Tenant C. Timing: Rent is payable in advance on the 1st day of each calendar month, and is delinquent 10 days after that

4. ADDITIONAL COMMON AREA MAINTENANCE CHARGES: In addition to Base Rent, which the parties intend to be absolutely net, Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance, consolidated utility and service bills, insurance, and real estate taxes, (collectively "CAM charges"), based on the ratio of the square footage of the Premises to the total square footage of the rentable space in the entire property. Tenant shall pay one-twelfth (1/12th) of the annual estimated CAM charges with each monthly Base Rent installment, based on the Landlord's estimation of the actual cost. CAM charges shall not include capital expenditures unless such expenditures are amortized over a period which is in accordance with Generally Accepted Accounting Practices for federal income tax purposes.

5. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant including, but not limited to, water, sewer, electricity, garbage, and telephone. Tenant shall be responsible and directly pay for all other charges not covered in CAM charges including, but not limited too, City permit fees, fees for any regulatory licenses or inspections, or other governmental charges such as unsecured business property tax, possessory interest tax, or ABC permits. The property interests created by this Lease may be subject to property taxation and Tenant, in whom the possessory interest is vested, will be responsible for the timely payment of any property taxes levied on such possessory interest. Tenant agrees to pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the state, county, city or any tax or assessment levying body againit the transfer of the leasehold interest hereunder upon recordation or otherwise, or upon any activity carried on under this Lease, any interest in this Lease or any possessory right which Tenant may have in or to the Premises or the Premises by reason of its use or occupancy thereof or otherwise.

DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Premises: 365 2nd Ave., San Mateo, CA 94403 July 1, 2009

6. TERM: The term begins on
(Check A or B):

("Commencement Date"),

I X A. Lease: and shall terminate after 5 years on at 6:00 PM . Any holding over after the term of this agreement expires, with Landlord's consent, shall create a month-to-month tenancy that either party may terminate as specified in section 6B. Rent shall be at a rate equal to two times the rent for the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and effect.

L_I B. Month- To- Month: and continues as a month-to-month tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable local laws. Such notice may be given on any date.

X IC. Renewal Or Extension Terms:
(i) Grant of Options: Landlord hereby grants to Tenant one (1) Option (the "Option") to extend the Tenn of this Lease. The Option shall be for an additional term of five (5) Years and shall conimentie upon the expiration of the original Term. The Option is expressly conditioned on the satisfaction of both of the following: (I) the lack of an Event of Default on the part of Tenant, both at the time the Option is exercised and at the time the term of the Option would commence, and (2) the lack of three or more Events of Default on the part of the Tenant during the initial Term. This condition may be waived by Landlord in its sole discretion and may not be used by Tenant as a means to negate the effectiveness of Tenant's exercise of the Option.
(ii) Manner of Exercise: Tenant may exercise the Option only by giving Landlord written notice not less than six (6) months prior to the expiration of the Term of this Lease (as it may be extended) and not more than twelve (12) months prior to the expiration of the Term of this Lease (as it may be extended). If Tenant fails to validly exercise the Option by the date required, then the Option automatically shall lapse and thereafter Tenant shall have no right to exercise the Option. (iii) Terms and Rent: All terms and conditions of the Lease, as amended from time to time by the parties in accordance with the provisions of the Lease with the exception of the amount of Base Rent paid to Landlord by Tenant, shall remain in full force and effect and shall apply during the Option term. If the Option is exercised, then the Base Rent for the Premises during such Option term shall be determined as follows:
a) Landlord and Tenant shall have thirty (30) days after Landlord receives the Option Notice within which to agree on the Base Rent for the Option term based upon the then fair market rental value of the Premises as defined below. If the parties agree on the Base Rent (including any periodic adjustments in Base Rent) for the Option term within thirty (30) days, they shall immediately execute an amendment to this Lease stating the Base Rent. b) If the parties are unable to agree on the Base Rent for the Option term within thirty (30) days, then, the Base Rent for the Option term shall be the then current fair market rental value of the Premises as determined as set forth below.
c) The then fair market rental value of the Premises shall mean the fair market rental value of the Premises as of the commencement of the Option term, taking into consideration the uses permitted under this Lease, the quality, size, design and location of the Premises, and the rent for comparable buildings located in the general vicinity of the Premises. d) Within ten (10) days after the expiration of the thirty (30) day period set forth in Section 6(C)(iii)(a) above, each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least five (5) years' full-time commercial appraisal experience in the area 2 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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" Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009 an appraiser within ten (10) days, the single appraiser appointed shall be the sole appraiser and shall determine the Base Rent. If the two (2) appraisers are appointed by the parties as stated in this Section 6(C)(iii)(d), they shall meet promptly and attempt to determine the Base Rent. If they are unable to agree within fifteen (15) days after the second appraiser has been appointed, the two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Base Monthly Rent, as the case may be.
e) After the Base Rent has been determined, the appraisers shall immediately notify the parties and the parties shall amend this Lease to set forth such amount.

7. EARLY POSSESSION: Tenant is entitled to possession of the Premises on . Tenant is entitled to early possession of the Premises at no additional Rent if Landlord is in receipt of the fully executed Lease, proof of insurance as required in this Lease, and payment of the first full month Rent and the security deposit required in this Lease.

8. SECURITY DEPOSIT:

A. Tenant agrees to pay Landlord $1,282.50 as a security deposit. Tenant agrees not to hold Broker responsible for its return.

B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent, late charges, non-sufficient funds ("NSF") fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (iii) broom clean the Premises, if necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (i) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant.

C. No interest will be paid on security deposit, unless required by local ordinance.

9. PARKING: Parking is limited to such parking that exists on the Premises.

10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 10 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively, $65.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under section 3, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law.

11. CONDITION OF PREMISES: Landlord warrants that the Premises has the following equipment and will be in the following condition on delivery:

A. HVAC: Operational standard rooftop with one thermostat (or per code) with warranty and initial inspection.

B. Amperage: Operational 200 amp panel, 3 phase, 4 wire, installed to code.

C. Sprinklers: to code; minimum 4' off demising walls.
3 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Premises: 365 2nd Ave., San Mateo CA 94403 July 1, 2009 C. Sprinklers: to code; minimum 4' off demising walls.

D. J-box: j-boxes appropriately positioned for each storefront sign(s) E. Water: Operational water line for tenant hook-up.

F. Hazmats: Premises shall be delivered free of all asbestos, mold and hazardous materials.

G. Other Premises will be ADA compliant and have access to restrooms.

Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptions:

Tenant is aware that there is an existing building design component that has allowed water intrusion in the past. Though there has been considerable effort to mitigate this situation, the Tenant will acknowledge that in severe weather, there may be water intrusion at the doors, water draining from the doors on the interior floor when doors are opened, and wind-driven water entering the air shaft and to the retail space. Tenant is responsible for the immediate removal of the water and immediate notification of intrusion to the Landlord.

Items listed as exceptions shall be dealt with in the following manner:

Tenant is responsible for the immediate notification to Lawlor (1 of maintenance, loss, damage or any other 't- issues related to the Premises as indicated:

Maintenance Issues, including emergencies - Public Works, 650-522-7350 Claims - First, Tenant insurer as stated in Lease
Secondly, the City Attorney's Department, 650-522-7020
All other questions - Economic Development, 650-522-7240 If properly notified, Landlord will pay up to a total of $25,000 over the term of the lease to repair damages to the Premises resulting from water intrusion.

12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances ("Laws"). Landlord makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use. Tenant has made its own investigation regarding all applicable Laws.

13. USE: The Premises are for the sole use as specified:

A. Use of the Premises:
(i) Primary: sale of Japanese style cream puffs
(ii) Secondary: sale of cheesecake, dessert and bakery items, custard, yogurt, fruit drinks, fruit ice shaves, fruit, tea and coffee, noodles, vegetables, rice, yakitori, beer and sake, and all other related high quality food items produced by Beard Papa's and/or Tenant approved in writing by Landlord, such approval not to be unreasonably withheld. Sales of ice cream and frozen desserts shall never exceed 10% of the Tenant's gross sales.

B. Exclusive Use: Tenant shall have the exclusive right within the Center to engage in the sale of bakery items and Japanese cuisine, eclairs, cream puffs, cheesecake, cake and similar dessert items for off premises consumption ("protected items"). Tenant's exclusive right shall not apply to: (i) existing tenants as of the date of this Lease (and their successors or assigns) occupying premises within the building that may have the right to sell protected items; and (ii) existing leases in effect (as of the execution of this Lease) within the building which may permit the sale of the protected items.

No other use is permitted without Landlord's prior written consent If any use by Tenant causes an increase in the premium on Landlords existing property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises. 4 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Premises: 365 2nd Ave., San Mateo, CA 94403 July 1, 2009

14. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb, annoy, endanger, or interfere with other tenants of the building or 'neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises.

Tenant shall operate the use upon the Premises during the same hours as competing similar uses.

15. MAINTENANCE:

A. Tenant shall professionally maintain the interior of the Premises including heating, air conditioning, electrical, plumbing and water systems, if any. If Tenant fails to maintain the interior of the Premises including heating, air conditioning, electrical, plumbing and water systems, if any, Landlord may contract for or perform such maintenance, and charge Tenant for Landlords cost. Tenant is responsible for vector control and will notify Landlord of all vector control occurring in the space.

B. Landlord shall maintain the roof, foundation, exterior walls, common areas and exterior of the Premises and keep glass, windoWs and doors in operable and safe condition. Landlord is responsible for the heating, - ventilation and air conditioning system replacement on a predetermined replacement schedule.

16. LOSS OF KEY: Loss of any key will result in re-keying of lock with all costs to re-key paid for by Tenant.

17. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonably withheld.

Any alterations to the Premises shall be done according to law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non-Responsibility to prevent potential liens against Landlord's interest in the Premises.

Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. Premises offered in an "as is" condition. Any Tenant alterations will be made at Tenant's expense.

18. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law.

19. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice.

20. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 30 day period preceding the termination of the agreement. Tenant may install signs in conformance with the City's sign ordinance.

21. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under this agreement. 5 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Premises: 365 2nd Ave. San Mateo, CA 94403 July 1,2009

22. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date, such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in section 6. If Landlord is unable to deliver possession within 90 calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid.

23. TENANTS OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including restroom and any common areas; (ii) vacate Premises and surrender it to Landlord empty of all persons and personal property; (iii) vacate all parking and storage spaces; (iv) deliver Premises to Landlord in the same condition as referenced in section 11; (v) clean Premises; and (vi) give written notice to Landlord of Tenant's forwarding address. All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possecsion was made available to Tenant

24. DEFAULT:

A. Event of Default: The occurrence of any of the following shall constitute an Event of Default of this Lease by Tenant
(i) The failure of Tenant to pay or cause to be paid within 10 days after receipt of written notice from Landlord, any Rent or charges required by this Lease to be paid by Tenant; (ii) The abandonment of the Premises by Tenant;
(iii) The failure of Tenant to do or cause to be done any act, other than payment of rent, monies, or charges, required by this Lease within 30 days after written notice thereof to Tenant or such longer period as may be reasonably required to complete such cure so long as such cure is promptly commenced within such 30-day period and thereafter diligently and continuously prosecuted to completion;
(iv) Tenant causing, permitting, or suffering, without the prior written consent of Landlord, any act when this Lease requires Landlord's prior written consent or prohibits such act, and failing to cure such act within 10 days after written notice thereof to Tenant; or (v) Any act of bankruptcy caused, suffered, or permitted by Tenant that is not discharged within 60 days. For the purposes of this Lease, "act of bankruptcy" shall include any of the following: i) Any general assignment or general arrangement for the benefit of creditors; ii) The filing of any petition by or against Tenant to have Tenant adjudged a bankrupt; iii) The appointment of a trustee or receiver to take possession of substantially all of Tenant's assets; iv) The attachment, execution, or other judicial seizure of substantially all of Tenant's assets; (vi) Failure of Tenant to open for business within one hundred twenty (120) days after the Commencement Date as defined in section 6 of this Lease; (yid) The failure of Tenant to maintain insurance coverage as defmed in section 29 of this Lease.

B. In the event of a Tenant default in the payment of any installment of Rent, which default continues for ten (10) days after notice to Tenant and demand in writing by Landlord to correct such default, or, in the event of any other default which continues for thirty (30) days after notice from Landlord to Tenant, or if Tenant abandons the Premises prior to the expiration of the Term provided for in this agreement, the Landlord may at his option pursue the Default Remedies contained in this Lease.

C. Default Remedies: If an Event of Default shall occur and continue, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant and recover as an award in such suit the following:
6 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Premises: 365 2nd Ave., San Mateo CA 94403 July 1, 2009 (i) the worth at the time of award of the unpaid Rent and all other sums due hereunder which had been earned at the time of termination;
(ii) the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder for the balance of the Term after termination exceeds the amount of such rental loss that Tenant proves could be reasonably avoided;
(iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease; and (v) such amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.

25. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this section, this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made.

26. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean-up of any contamination caused by Tenant.

27. CONDEMNATION: [fall or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord.

28. INDEMNIFICATION: Tenant agrees to indemnify, defend, and hold harmless Landlord, and its officers, officials, agents, and employees, from any and all liabilities, claims, demands, actions, losses, damages, and costs, including all costs of defense thereof and any award of attorney's fees, caused by, arising out of, or in any way related to Tenant's use or occupancy of the leased premises.

29. INSURANCE: Tenant shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant's operation and use of the leased premises, as described in this section. The cost of such insurance shall be borne by the Tenant.

A. Minimum Scope Of Insurance:
(i) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (ii) Workers' compensation insurance as required by the State of California and Employer's Liability insurance (for tenants with employees).
(iii) Property insurance against all risks of loss to any tenant improvements or betterments.

B. Minimum Limits Of Insurance: Tenant shall maintain limits no less than:
7 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009 (i) General liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Employer's liability: $1,000,000 per accident for bodily injury or disease. (iii) Property insurance: Full replacement cost with no coinsurance penalty provision.

C. Deductibles And Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the Landlord. At the option of the Landlord, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Landlord, its officers, officials, agents, and employees; or the Tenant shall provide a financial guarantee satisfactory to the Landlord guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions: The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The Landlord, its officers, officials, agents, and employees are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Tenant. •
(ii) The Tenant's insurance coverage shall be primary insurance as respects the Landlord, its officers, officials, agents, and employees. Any insurance or self-insurance maintained by the Landlord, its officers, officials, agents and employees shall be excess of the Tenant's insurance and shall not contribute with it.
(iii) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after 30 days' prior written notice by certified mail, return receipt requested, has been given to the Landlord.

E. Acceptability Of Insurer: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

F. Verification Of Coverage: Tenant shall furnish Landlord with the original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Landlord or on other than the Landlord's forms, provided those endorsements OT policies conform to the requirements. All certificates and endorsements are to be received and approved by the Landlord before taking possession of the Premises. The Landlord reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 15 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (ii) may be treated by Landlord as an Event of Default of this agreement.

Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or buyer.

31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is 8 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Premises: 365 2nd Ave., San Mateo, CA 94403 July 1, 2009 actually transferred to the transferee. For all other obligations under this agreement which accrue after the date of transfer, Landlord is released of any further liability to Tenant, upon Landlord's transfer.

32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording.

33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the credit report(s); or (ii) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement.

34. DISPUTE RESOLUTION:

A. Mediation: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to court action, subject to section 34A(1) below. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
(1) Exclusions From Mediation: The following matters are excluded from Mediation hereunder:
(i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or Installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a inechanic's lien; (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.I or §337.15 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation provision.
(2) Brokers: Tenant and Landlord agree to mediate disputes or claims involving either or both Brokers, provided either or both Brokers shall have agreed to such mediation, prior to, or within a reasonable time after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation shall not result in Brokers being deemed parties to the agreement.

35. NOTICE: Notices may be served by certified mail, email, or courier at the following address or location or at any other location subsequently designated:

Landlord: City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
650.522.7240
EDBAAcityofsanmateo.org
Tenant: Peninsula Puffs LLC.

Beard Papa Sweets Café (dba)
99 Yerba Buena Ln.

San Francisco, CA 94103
(415) 978.9972

9 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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' Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009 Notice is deemed effective upon the earliest of the following: (i) personal receipt by either party or their agent; or (ii) written acknowledgement of notice.

36. WAIVER: The waiver of any Event of Default shall not be construed as a continuing waiver of the same Event of Default or a waiver of any subsequent Event of Default.

37. OTHER TERMS AND CONDITIONS/SUPPLEMENTS: The site plan of the Main Street Garage is "Exhibit A".

38. NONDISCRIMINATION: The Tenant herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made• and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the Tenant himself or any person claiming under or through him or her, establish or .pennit any such practice or practices of discrimination or segregation with reference 1.0 - the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.

39. BROKERAGE: Tenant shall pay all commissions due Roller Real Estate with regard to this Lease transaction, the Broker commission shall be shall be equal to three percent (3%) of the Base Rent of the initial five (5) year Lease Term. Payment shall be 50% upon lease execution and 50% upon tenant's occupancy. No Broker commission is due from Landlord. Neither Tenant nor Landlord has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as named in this agreement, in connection with any act relating to the Premises, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold harmless the other, and the Brokers specified herein, and their agents, from and against any costs, expenses, or liability for compensation claimed inconsistent with the warranty and representation in this section 40.

40. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction:

Listing Agent: Not Applicable is the agent of
Selling Agent: Roller Real Estate, Inc. is the agent of the Tenant exclusively.

Real Estate Brokers are not parties to the agreement between Tenant and Landlord.

Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; (ii) cannot verify representations made by others; (iii) will not verify zoning and land use restrictions; (iv) cannot provide legal or tax advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Broken are not also acting as Landlord in this agreement, Broken: (vi) do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from appropriate professionals.

BROKER DISCLOSURES
Landlord and Tenant understand that Roller Real Estate, Inc. ("Broker") has not made any investigation or determination regarding the value of the property; the past, present or future uses of the property; any possible violations of any federal, state, or municipal ordinances, statues, zoning or CC&R's (if applicable); proposed acquisition of the property by the Federal, State, County or municipal governments; the accuracy of income and expense information; existence or content of any leases; the existence of physical defects in the property, the size of 10 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Date
City San Francisco State CA Zip 94103
Date 401 )09
City Foster City State CA Zip 94404
Date
City Foster City State CA Zip 94404
ATTEST:

Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009 the property or the size of any improvements, and Landlord and Tenant hereby release Broker from any liability relating thereto and agree that such investigation and determination has been Tenant's sole responsibility and Broker shall not be held responsible therefore.

Tenant is advised that any representation of square footage with respect to the total building size, the specific rentable space size, the size of common areas, and any improvements thereon are approximations only, which may be inaccurate.

Roller Real Estate, Inc. is not authorized to give legal or tax advice. No representation or recommendation is made by Roller Real Estate, Inc. or its agents or employees, as to the legal effect or tax consequences of this document or any transaction related thereto.

41. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this agreement. Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit of, the heirs, assignees and successors to the parties.

Tenant Peninsula Puffs LLC,
(Print Name)
Address 99 Yerba Buena,Ln..

By:

Tenant Mary Rose Zia-Cruz, LLC Manager
(Print Name)
AddreA 971 Cumberland Ct
, By: ,11 4114 .AAA AA
Ten ianna On in LLC • er
(Print ame)
Address 101 Eliza Ct
Norma Gomez, City Clerk
Elate 8/10/09

CITY OF SAN MATEO
Landlord
Landlord / s :SUSAN LOFTUS , City Manager
(owner or agent with authority to enter into this agreement) Address 330 West 20th Avenue City San Mateo State CA Zip 94403 Date
State Zip
(owner or agent with authority to enter into this agreement) Address City
Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between Landlord and Tenant.

Real Estate Broker (Leasing Firm) Roller Real Estate Inc. DRE Lic. #01275444

By (Agent) DRE Lic. 401034129 Date July 1, 2009
Rodney Roller
Address 2033 Gateway Place, Ste. 500 City San Jose State CA Zip 95110 11 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Premises: 365 2nd Ave. San Mateo, CA 94403 July 1, 2009 Telephone (408)226-8000 Fax (408)351-8831 E-mail Rodney@RollerRealEstate. corn Real Estate Broker (Listing Firm) Not Applicable DRE Lic. # By (Agent) DRE Lic. # Date
Address City State Zip
Telephone Fax E-mail

12 DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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- Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009

EXHIBIT "A"
C-1
DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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CITY OF SAN MATEO
RESOLUTION NO. 137 (2009) RECEIVED
APPROVING AND AUTHORIZING EXECUTIOnnus ct ie

THE RETAIL LEASE WITH PENINSULA PUFFS, LLC,
clba BEARD PAPA'S SWEETS CAFE, FOR RETAIL SP .urtosEOF CITY CLERKrF, IN THE MAIN STREET GARAGE CITY HALL
($1,282.50 per month paid to the City) SAN MATEO, CA
WHEREAS, the City has listed the retail space located at 365 Second Avenue (in the Main Street garage) on the Downtown Available Commercial Space Listing and has responded to all inquiries about the space; and WHEREAS, Beard Papa, a franchise retail company selling cream puffs and other dessert items with two other locations in the Bay Area, submitted a formal proposal to lease the retail space at market-rate rent and has been in lease negotiations with the City for several months; and WHEREAS, other proposals have been entertained during this time, but the Beard Papa lease rate was the highest offered; and
WHEREAS, Beard Papa meets criteria advancing the City's objectives to lease out retail space in the Main Street Garage to secure strong tenants who are compatible with the Cinema and who would bring greater foot traffic to the Downtown area;

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

1. In accordance with Municipal Code section 3.60.050(b), the City Council finds that calling for bids would be impracticable in that the space does not have food preparation amenities that would be necessary for many tenants and the City has advertised the space

2. The retail lease with Peninsula Puffs, LLC, dba Beard Papa's Sweets Café, for retail space in the Main Street Garage at 365 Second Avenue, in the amount of $1282.50 per month is approved, in substantially the form attached to this Resolution,

3. The City Manager is authorized to sign and execute the lease on behalf of the City.

4. The City Clerk is instructed to attest the signature of the City Manager and affix the corporate seal of said City.

ATTEST:
,244
14a
ORIGINAL CITY CLERK MAYOR
DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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* * *
Resolution adopted by the City Council of the City of
San Mateo, California, at a regular meeting held on
August 10, 2009, by the following vote of the Council:

AYES: Council Members EPSTEIN, LEE, MATTHEWS,
HANSSON and GROTTE
NOES: NONE
ABSENT: NONE
(SEAL) /s/ NORMA GOMEZ, City Clerk
DocuSign Envelope ID: 2DF918F5-3844-4B73-809E-493E4EF24033

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Certificate Of Completion
Envelope Id: 2DF918F538444B73809E493E4EF24033
Status: Completed
Subject: DocuSign: Beard Papas - Amend NO 3 to Lease - Assignment of Lease to Genius Learning Source Envelope:

Document Pages: 23
Signatures: 6
Envelope Originator:

Certificate Pages: 6
Initials: 0
Laurie Strange
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
330 W. 20th Avenue
City Clerk's Office
San Mateo, CA 94403
[email protected]
IP Address: 76.14.0.98
Record Tracking
Status: Original
4/10/2023 10:21:42 AM
Holder: Laurie Strange
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Wynee May Yeung
[email protected]
Member
Sweet Cheeks Piffs LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 73.116.218.183
Signed using mobile
Sent: 4/10/2023 11:08:50 AM
Viewed: 4/11/2023 2:22:53 PM
Signed: 4/11/2023 2:23:37 PM
Electronic Record and Signature Disclosure:

Accepted: 4/11/2023 2:22:53 PM
ID: c3c1a227-f3cd-4be0-9df6-10c6bba10f38
Ying kit Yeung
[email protected]
Managing Member
Richmond Bissell LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.116.218.183
Sent: 4/11/2023 2:23:38 PM
Viewed: 4/11/2023 2:55:58 PM
Signed: 4/11/2023 2:57:25 PM
Electronic Record and Signature Disclosure:

Accepted: 4/11/2023 2:55:58 PM
ID: 81b18141-9f51-4e50-b46c-df8b60f6fcf5
Dennis Tong
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
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Sent: 4/11/2023 2:57:27 PM
Viewed: 4/11/2023 5:37:10 PM
Signed: 4/11/2023 5:38:54 PM
Electronic Record and Signature Disclosure:

Accepted: 4/11/2023 5:37:10 PM
ID: f809917e-8345-4717-825f-f9d25a75a514
Dennis Tong
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.160.115.229
Signed using mobile
Sent: 4/11/2023 5:38:55 PM
Viewed: 4/11/2023 6:03:48 PM
Signed: 4/11/2023 6:04:29 PM
Electronic Record and Signature Disclosure:

Accepted: 4/11/2023 6:03:48 PM
ID: 35e1c64b-1d21-48d1-a77b-7ed7e7e22b53

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Signer Events
Signature
Timestamp
Mazarin Vakharia
[email protected]
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(None)
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Using IP Address: 24.130.64.185
Sent: 4/11/2023 6:04:31 PM
Viewed: 4/12/2023 10:46:13 AM
Signed: 4/12/2023 10:46:27 AM
Electronic Record and Signature Disclosure:

Accepted: 4/12/2023 10:46:13 AM
ID: aef6de5e-8a79-4388-b1c3-f03217259da3
Drew Corbett
[email protected]
X City Manager
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 69.209.30.64
Sent: 4/12/2023 10:46:29 AM
Viewed: 4/12/2023 10:48:02 AM
Signed: 4/12/2023 10:48:08 AM
Electronic Record and Signature Disclosure:

Accepted: 4/12/2023 10:48:02 AM
ID: 429498a8-645d-4599-987d-32eca4efa73e
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Timestamp
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Jennifer Chen
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 4/12/2023 10:48:10 AM
Viewed: 4/12/2023 12:17:53 PM
Electronic Record and Signature Disclosure:

Accepted: 6/18/2021 9:49:33 AM
ID: 26e570e1-bb1e-4d7f-9404-ca5c82f05357
Dean Isaacs
[email protected]
Property Manager
Security Level: Email, Account Authentication
(None)
Sent: 4/12/2023 10:48:11 AM
Viewed: 4/12/2023 11:22:39 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Erin Fellers
[email protected]
Assistant to the City Clerk
City of San Mateo
Security Level: Email, Account Authentication
(None)
Sent: 4/12/2023 10:48:12 AM
Viewed: 4/12/2023 11:11:21 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

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Alesha Boyd
[email protected]
Management Analyst
Carahsoft OBO City of San Mateo
Security Level: Email, Account Authentication
(None)
Sent: 4/12/2023 10:48:13 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Laurie Strange
[email protected]
Executive Secretary
City of San Mateo
Security Level: Email, Account Authentication
(None)
Sent: 4/12/2023 10:48:14 AM
Resent: 4/12/2023 10:48:22 AM
Viewed: 4/12/2023 3:27:06 PM
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Not Offered via DocuSign
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4/12/2023 10:48:02 AM
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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: 81-2100 File ID: 25-10438 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Information Technology Department
MEETING DATE: October 20, 2025
SUBJECT:

Personal Computer Replacements — Adoption
RECOMMENDATION:

Adopt a Resolution approving an alternative purchasing procedure for a Master Purchasing Agreement with Lenovo Inc. for the purchase of 54 personal computers in an amount not-to-exceed $92,700.37; establish a contingency reserve in the amount of $13,905.10, for a total amount of $106,605.47; and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

BACKGROUND:

The City’s personal computer (PC) replacement strategy is to replace PCs after five years of service to mitigate maintenance issues and support problems, and to keep equipment within industry standards. The PC replacement fund is based on this amortization schedule with approximately 54 PCs currently identified as due for replacement.

On June 2nd, 2025, Council approved the previous cycle of PC replacements. A not-to-exceed purchase agreement with a preferred vendor was also approved, providing benefits over a fixed bid purchase for Lenovo brand PCs. This purchase agreement represents a continuation of this established PC replacement purchasing practices.

Staff obtained the quotation for the proposed purchase through a national government purchasing cooperative known as the National Cooperative Purchasing Alliance (NCPA). NCPA contracts allow participants to pay less through competitively solicited, evaluated, and awarded contracts that leverage the cooperative buying power of local government agencies.

During this process, a lead agency issued a Request for Proposals for the establishment of a Master Agreement, and vendors are selected through a competitive process. Lenovo Inc. (Lenovo) is a selected participating vendor under NCPA contract # 01-146. A quotation from Lenovo is provided for reference as Attachment 2. The continued use of Lenovo products is recommended due to Lenovo’s customer support and service quality, efficient warranty and replacement policy, and because Lenovo products have proven to be of high quality, stable and reliable, with a low hardware failure rate. In addition to the Lenovo quote, staff recommends a 15% contingency reserve to account for changes in PC models during the replacement cycle or any unforeseen changes in departmental needs.

San Mateo Municipal Code Section 3.60.070(h)(3) provides that the City may use any purchasing procedures approved by the City Council if the City Council makes a finding concurrent with the award of the contract that the procedures are in the best interest of the City. The NCPA procurement service offers competitively priced contracts for goods and services, avoiding costs normally associated with the development of highly technical bid specifications, while assuring that competitive prices were received. Based on the above, staff recommends approving the purchase of 54 PCs pursuant to the Master Purchasing Agreement with Lenovo for an amount not to exceed $92,700.37 and a contingency reserve of $13,905.10, for a total amount of $106,605.47.

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CITY OF SAN MATEO
BUDGET IMPACT:

Funds have been accrued and are available through the Computer Replacement Fund for this purchase. The total amount of the purchase will be an amount not-to-exceed $106,605.47.

ENVIRONMENTAL DETERMINATION:

This Council action is exempt from CEQA, because it can be seen with certainty that there is no possibility the purchase of personal replacement computers may have a significant effect on the environment. (CEQA Guidelines Section15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Lenovo Inc. pricing quote
Att 3 – Master Agreement

STAFF CONTACT
Curtis Joe, Customer Service Manager
[email protected]
(650) 522-7075
Pete Owen, Director, Information Technology
[email protected]
(650) 522-7074

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1 2
3 3
8 CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR MASTER PURCHASING AGREEMENT WITH LENOVO INC. FOR THE PURCHASE OF REPLACEMENT PERSONAL COMPUTERS ($106,605.47) WHEREAS, the City replaces personal computers on an ongoing basis once they have exceeded their operational lifespan; and
WHEREAS, the City has identified approximately 54 personal computers that have reached the end of their operational lifespan per the replacement schedule; and WHEREAS, City staff determined Lenovo brand personal computers purchased from Lenovo Inc. best meets the City’s needs; and
WHEREAS, Municipal Code section 3.60.070(h)(3) provides that the City may use purchasing procedures approved by the City Council if the City Council makes a finding concurrent with the award for the contract that the procedures are in the best interest of the City for the particular contract; and WHEREAS, the City as a public sector agency may participate in the National Cooperative Purchasing Alliance (NCPA) which offers contracts that have been competitively bid and negotiated; and WHEREAS, Lenovo Inc. is a participating vendor under the NCPA contract; and WHEREAS, the Department of Information Technology has determined Lenovo Inc. brand personal computers best meet the City’s needs since Lenovo Inc. brand personal computers have proven to be of high quality, reliable, and with a low hardware failure rate.

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

1. This Council action is exempt from CEQA, because it can be seen with certainty that there is no possibility the purchase of personal replacement computers may have a significant impact on the environment. (CEQA Guidelines Section 15061(b)(3).)

2. Pursuant to Municipal Code section 3.60.070 (h)(3), the purchase of approximately 54 personal computers from Lenovo Inc. through the National Cooperative Purchasing Alliance (NCPA) is in the best interest of the City because:
The NCPA procurement service offers competitively priced contracts for goods and services; The NCPA avoids costs normally associated with the development of highly technical bid specifications, while assuring that competitive prices were received.

3.The purchase of approximately 54 personal computers from Lenovo Inc. in a total amount not to exceed $92,700.37, and a 15 percent contingency reserve in the amount of $13,905.10, for a total amount of $106,605.47 is approved, in accordance with the terms of the NCPA Contract Number 01-146.

4. The Director of Information Technology is authorized to execute the purchase order and agreement in substantially the form presented on behalf of the City.

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Thank you for requesting a quote from Lenovo. We have included your complete quote information below.

Please contact your Lenovo account manager to process your order and reference your quote number to help us serve you more quickly.

Shipping address Billing address Pending order information CITY OF SAN MATEO CITY OF SAN MATEO Date and time:16.09.2025 10:43:04 330 W 20TH AVE SAN MATEO CA 330 W 20TH AVE SAN MATEO CA Quote number:4280419743 94403-1338 94403-1338
Contract: CUSNP221-NCPA-01-146
Qty Part no. Description Price Total
17 21QDS54300 ThinkPad T14 G6, Intel® Core™ Ultra 7 $ 1,430.00 $ 24,310.00 255U (E-cores up to 4.20GHz, 12MB),
14" WUXGA Touch, W11P64
US/UK_ENG, 16.0GB, 1x1TB SSD M.2 2
280 PCIe Gen4 TLC Opal, Intel®
Graphics, BT 5.3,Wi-Fi 6E AX211, Wired
Ethernet, FPR, 5MP RGB, 4 Cell Li-ion

52.5Wh, 65W, 4
1 21KYS9KR00 ThinkPad P16v G2, Intel® Core™ Ultra $ 2,305.00 $ 2,305.00 7 155H (E-cores up to 3.80GHz, 24MB),
16" WUXGA Touch, W11P64 ENG,

32.0GB, 1x1TB SSD M.2 2280 P CIe
Gen4 Performance TLC Opal, 1xNVIDIA
RTX™ 2000 Ada 8GB,
Intel®AX211vPro,BT5.1 or BT5.3,
Wired Ethernet, FPR, 5MP RGB+IR
9 21KWSBCC00 ThinkPad P1 Gen 7, Intel® Core™ Ultra $ 2,680.00 $ 24,120.00 7 155H (E-cores up to 3.80GHz, 24MB),
16" WUXGA Non-Touch, W11P64 ENG,

32.0GB, 1x1TB SSD M.2 2 280 PCIe
Gen4 Performance TLC Opal, 1xNVIDIA
RTX™ 2000 Ada 8GB, BT

5.4,Intel®BE200vPro, No Wired
Ethernet, FPR, 5MP RGB+IR
14 13AUS0NB00 ThinkCentre M90a Gen 6, Intel® Core™$ 1,152.00 $ 16,128.00 Ultra 5 235 vPro® (E-cores up to

4.40GHz, 24MB), W11P64 ENG, 16.0GB,
1x1TB SSD M.2 2280 PCIe Ge n4
Performance TLC Opal, Intel®
Graphics, Slim DVD ROM,BT

5.3,Intel®AX211vPro, 180W, 4YR
Premier NBD,3 Year On-site,Keep y

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4 30HSS49T00 ThinkStation P3 Tower Gen 2, Intel® $ 1,825.00 Core™ Ultra 7 265 vPro® (E-cores up
to 4.60GHz, 30MB), W11P64
US/UK_ENG, 32.0GB, 1x1TB SSD M.2 2
280 PCIe Gen4 Performance TLC Opal,
1xNVIDIA RTX™ A1000 8GB, BT

5.4,Intel®BE200vPro, 750W, 4YR
Premier NBD,3 Year On-site
$ 7,300.00
7 13A5S2EC00 ThinkCentre M70q Gen 6, Intel® Core™$ 1,030.00 Ultra 7 265T vPro® (E-cores up to

4.60GHz, 30MB), W11P64 ENG, 16.0GB,
1x1TB SSD M.2 2280 PCIe G en4
Performance TLC Opal, Intel®
Graphics,Intel® AX203,BT 5.1 or
above, 135W, 4YR Premier NBD,3 Year
On-site,Keep your Dri
$ 7,210.00
1 30K6S1B800 ThinkStation P3 Tiny Gen 2, Intel® $ 1,445.00 Core™ Ultra 7 265T vPro® (E-cores up
to 4.60GHz, 30MB), W11P64 ENG,

32.0GB, 1x1TB SSD M.2 2280 PC Ie
Gen4 Performance TLC Opal, 1xNVIDIA
RTX™ A400 4GB, BT

5.4,Intel®BE200vPro, 230W, 4YR
Premier NBD,3 Year On-site ,Keep y
$ 1,445.00
1 30J6S1HV00 ThinkStation P3 Ultra SFF G2, Intel® $ 1,568.00 Core™ Ultra 7 265 vPro® (E-cores up
to 4.60GHz, 30MB), W11P64
US/UK_ENG, 32.0GB, 1x1TB SSD M.2
2280 PCIe Gen4 Performance TLC Opal,
1xNVIDIA RTX™ A400 4GB, 230W, 4YR
Premier NBD,3 Year On-site ,Keep your
Drive, USB, Tr
$ 1,568.00
Subtotal $ 84,386.00
Shipping &
Handling
$ 0.00
Recycling Fee $ 188.00
Taxes $ 8,126.37
Total $ 92,700.37
This offer is valid for thirty(30) days from the date of this offer and supersedes any previous offers. Offer and specifications may be changed at any time without notice. Acceptance of this offer is subject to Lenovo's payments terms and availability of items. Lenovo may reject or cancel orders for pricing or other errors.

We appreciate your interest in our products.

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Title Page

Lenovo (United States) Inc. Response to
the National Cooperative Purchasing
Alliance c/o Region 14 Education Service
Center

RFP # 45-22: Technology Solutions,
Products, and Services

November 17, 2022

Steven Franco
Account Executive
432-269-9996
[email protected]

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Lenovo (United States) Inc.  2
Cover Letter

Lenovo.com 8001 Development Drive
Morrisville, NC 27560

November 17, 2022

National Cooperative Purchasing Alliance
c/o Region 14 Education Service Center
P.O. Box 701273
Houston, TX 77270

Re: Lenovo (United States) Inc. Response to RFP # 45-22: Technology Solutions, Products, and Services

Dear Selection Committee,

Lenovo knows that smarter technology can help organizations transform how they operate, the services they deliver, and how they collaborate and interact with citizens and communities. Ultimately, it’s about connecting people, priorities, and technology in important ways. Lenovo’s broad product portfolio, deep expertise, and relentless focus on innovation makes us the ideal partner for this important work.

Thank you for the opportunity to offer what Lenovo believes is an exciting technology solution to meet National Cooperative Purchasing Alliance’s (NCPA’s) requirements. We are confident that our deep public sector expertise and dedication to our partnership with you will ensure a successful technology decision and contribute to improved agency outcomes. Our proposal outlines a few of our many commitments to the continued success of your organization.

Unparalleled Technology Leadership
As the world’s leading PC company, Lenovo enjoys a record market share of 24 .8 percent, per Gartner’s Market Share Analysis (Q2 2022). Our leadership position is built on a solid, award-winning product portfolio that stretches from mobile endpoints to high-performance, hyperconverged data center productivity, and includes a broad selection of accessories to maximize IT dollars. We combine our breakthrough hardware innovation with a full ecosystem of service and solutions partners to give our customers streamlined answers for their technology challenges.

Experienced Government Agency Partner
Our commitment to the public sector runs deep. We have invested in dedicated federal, state, and local government account teams, and created a dedicated center of excellence for contracts and procurement.

Lenovo delivers unprecedented reliability and unbeatable mobility to over 900 state and local agencies across America. Additionally, over 22 military and civilian federal agencies choose Lenovo to modernize their mission. Lenovo is a trusted provider to various federal agencies, including the Department of Defense, Department of Veterans Affairs, and the Department of Energy.

Unbeatable Product Quality, Durability, and Innovation
Because workstyles are more demanding than ever, we offer the broadest portfolio of MIL- SPEC-tested products and subject our machines to even more stringent examinations internally. Lenovo is committed to continuously improving the quality and value of our products and solutions.

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Lenovo (United States) Inc.  3
Secure from the Inside Out
We share your commitment to end-to-end security, as evidenced in our TAA-compliant products and supply chain. Additionally, we incorporate NIST and TCG standards as well as TPM 2.0 and secure BIOS firmware for peace of mind. The result is trustworthy technology to drive the most critical agency functions.

U.S. Investments
In addition to the investments in our Morrisville, North Carolina headquarters, Lenovo maintains both its enterprise campus and its U.S. fulfillment center in North Carolina. This results in 6,800+ employees and an annual economic impact of $1 billion for North Carolina. Lenovo purchases $10 billion in goods and services from U.S. companies annually.

Lenovo’s commitment to providing meaningful, end-to-end technology solutions has made us the world’s top technology partner in the public sector market. Should you have any questions or require additional information, please reach out to the Lenovo team at your convenience.

Sincerely,

Darren Estridge
Executive Director

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Table of Contents
Title Page ......................................................................................... 1 Cover Letter ..................................................................................... 2 Table of Contents ............................................................................ 4 Tab 1 – Master Agreement/Signature Form ................................... 5 Master Agreement ‒ General Terms and Conditions .................................. 5 Process ...................................................................................................... 10 Evaluation Criteria ..................................................................................... 13 Signature Form .......................................................................................... 14 Tab 2 – NCPA Administration Agreement .....................................15 Acknowledgment of Contractor Requirements .......................................... 17 Tab 3 – Vendor Questionnaire .......................................................18 Tab 4 – Vendor Profile ....................................................................22 Tab 5 – Products and Services/Scope ..........................................30 Products .................................................................................................... 31 Services ..................................................................................................... 33 Financial Services Offerings ...................................................................... 35 Tab 6 – References .........................................................................37 Tab 7 – Pricing ................................................................................41 Tab 8 – Value Added Products and Services ................................43 Tab 9 – Required Documents ........................................................46 Federal Required Signatures .................................................................... 48 Antitrust Certification Statements Texas Government Code § 2155.005 . 49 Appendix A: Lenovo Customer Agreement ..................................50

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Tab 1 – Master Agreement/Signature Form
Master Agreement ‒ General Terms and Conditions
Customer Support
The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

Lenovo concurs.

Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

Lenovo concurs.

Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendor.

Lenovo concurs with the understanding that such renewals will be based upon the mutual agreement of the parties.

Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

Lenovo concurs.

Shipments (if applicable)
The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

Lenovo understands and will comply.

Lenovo takes our commitments to customers very seriously and will establish and implement processes for NCPA to ensure that product delivery and installation timeframes are met.

Our Lenovo Direct Fulfillment goal is to offer NCPA our best-of-breed products, aggressively priced, with a fulfillment model customized to your unique requirements. In the US, Lenovo should be able to ship standard topseller products within 7 business days, and standard and forecasted custom products within 4 to 6 weeks from receipt by Lenovo of a valid purchase order. If the ship date extends beyond these time

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frames, Lenovo will communicate with the customer the revised ship date as information becomes available.

This order fulfillment objective does not apply to initial orders for custom models. When Lenovo creates a custom model based on unique requirements, these models are subject to a “First Off Test” (FOT) which is a process to ensure that the newly created custom model is technically valid, properly manufactured, and has a functional configuration.

Standard shipping is assumed, and premium shipping is available upon request for an additional fee.

Lenovo will be pleased to meet with NCPA and discuss solutions to meet your specific delivery requirements.

Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

Lenovo concurs.

Payments
The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.

Lenovo concurs.

Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Purchase orders and payment can only be made to awarded vendor or distributors/ business partners/resellers previously approved by NCPA.

Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.

Lenovo concurs.

Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
Lenovo concurs for hardware and software products.

For Lenovo services, the pricing contained herein is exclusive of any travel and living expenses, other reasonable expenses incurred in connection with the services, and any applicable taxes.

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Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. • Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment Products: Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects
Construction: Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Lenovo’s Limited Warranty
Please note, as Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms and conditions governing Lenovo’s products and services, the issue of warranty is fully addressed within that Agreement. Installation services are not considered part of warranty service but may be obtained through a value-added service.

Please refer to Attachment A, D, and E inside Lenovo’s Customer Agreement for applicable Warranty Service Terms.

Please refer to Appendix A: Lenovo Customer Agreement on page 50 f or a copy of the Lenovo Customer
Agreement.

W
arranty Parts Process for Lenovo
Lenovo maintains service parts throughout the warranty/service period. Lenovo makes commercially reasonable efforts to maintain service parts for five years from product launch date.

A key fundamental component of product warranty is our Parts Depots. Support for Lenovo Think and System x products is made available through our industry leading parts inventory management system.

This service support system includes automated dispatch, updated service technologies, preventive maintenance activities, and a parts distribution system.

Lenovo’s parts stocking and distribution strategy is for parts to be readily available for delivery to a customer’s location to meet the required levels of service for each machine type. Parts are stocked in Mechanicsburg, PA, for Think and System x products and in Grapevine, TX, for Idea products. Efforts are made to support these geographic areas at an availability level in excess of 80-85 percent of total requirements.

Regardless of warranty status, Lenovo will cross ship new or equivalent-to-new parts the same day they are ordered, provided order is placed before 3 p.m. (ET). For orders received after that time, Lenovo will ship the part out to meet the service response objectives. In many cases, Lenovo does not require receipt of the failed part before sending out a new part.

Support for third-party products and software is provided directly by the vendor of the product. The combination of an excellent parts inventory, service representative, and additional support structure for Lenovo-branded products will ensure that NCPA receives world-class service coverage.

Life Expectancy
Lenovo Think, notebook, desktop, servers, and workstation products as well System x server and storage products are highly durable and engineered for a four- to five-year lifecycle.

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Returns
Lenovo’s return policy for public sector customer is 30 days. When a return is needed due to dead- on- arrival (DOA) devices, damaged product, incorrect quantity, or incorrect product delivered, the claim has to be submitted to the appropriate Lenovo inside sales or customer service representative. After analysis and internal approvals, Lenovo will manage the collection of the product from the customer site. Lenovo will then refund the customer for the amount paid for the product that is returned.

Safety
Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.

Lenovo concurs.

Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.

Lenovo concurs.

Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

Please note, Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms and conditions governing the purchase of Lenovo’s products and services by the Consortium. Lenovo's proposed patent and copyright protection and IP infringement protection is located in Section 16 of the Agreement. Please refer to Appendix A: Lenovo Customer Agreement on page 50 f or a copy of the
Lenovo Customer Agreement.

F
ranchise Tax
The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

To the best of our knowledge and belief, Lenovo is not currently delinquent in the payment of any Texas franchise taxes.

Supplemental Agreements
The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.

Lenovo concurs.

Certificates of Insurance
Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any

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modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.

Lenovo concurs with the clarification that notification shall be in accordance with the terms and conditions of the applicable policy provisions.

Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein.

Lenovo concurs that it will comply with all local, state, and federal laws applicable to Lenovo as a provider of information technology products and services.

Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
• Name, address and telephone number of protester
• Original signature of protester or its representative • Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
Any protest review and action shall be considered final with no further formalities being considered.

Lenovo understands.

Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemic; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty
Lenovo concurs.

Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor

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the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.

Lenovo does not believe that any prevailing wage laws would be applicable to Lenovo’s provision of products and services under any contract resulting from this solicitation.

Termination
Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

Lenovo is in general agreement with the termination rights provided for above, with the understanding that Lenovo would be reimbursed for any products and services Lenovo delivers through the date of termination, as well as any reimbursable expenses Lenovo incurs. Lenovo would also seek reimbursement of any applicable adjustment or termination charges and for expenses Lenovo incurs as a result of such termination (which Lenovo will take reasonable steps to mitigate), all in accordance with the provisions of the Lenovo Customer Agreement which can be found in Appendix A: Lenovo Customer Agreement o n page 50.

Open Records Policy
Because Region 14 ESC is a governmental entity, responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Lenovo understands.

Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.

Lenovo concurs.

Contract Administration
The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.

Lenovo understands.

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Contract Term
The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms or any combination of time equally not more than 5 years.

It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract.

Lenovo understands.

Contract Waiver
Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract.

Lenovo understands.

Price Increases
Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved.

Lenovo understands.

Products and Services Additions
New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.

Lenovo concurs.

Competitive Range
It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration.

Lenovo understands.

Deviations and Exceptions
Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.

Lenovo understands.

Estimated Quantities
While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $400 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.

Lenovo understands.

Evaluation
Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the

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lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.

Lenovo understands.

Formation of Contract
A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter-signature document establishing acceptance of the contract.

Lenovo understands; however, Lenovo’s offer to contract with Region 14 ESC is based upon Lenovo’s response to the solicitation and Lenovo’s modifications, exceptions, and clarifications thereto.

NCPA Administrative Agreement
The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.

Please note, as Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms and conditions governing Lenovo’s products and services, some of the items within the NCPA Administration Agreement are fully addressed within that Agreement.

Lenovo proposes that Region 14 ESC, NCPA, nor Lenovo shall be obligated in any manner with respect to the products and services proposed under this Solicitation until such time as a written contract reflecting mutually agreed upon terms and conditions is executed.

Clarifications/Discussions
Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal.

Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.

Lenovo understands.

Multiple Awards
Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.

Lenovo understands.

Past Performance
Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and

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cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

Lenovo understands.

Evaluation Criteria
Pricing (40 points)
Electronic Price Lists
• Products, Services, Warranties, etc. price list
• Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.

Ability to Provide and Perform the Required Services for the Contract (25 points) • Product Delivery within participating entities specified parameters • Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
• Vendor’s ability to perform towards above requirements and desired specifications. • Past Cooperative Program Performance
• Quantity of line items available that are commonly purchased by the entity. • Quality of line items available compared to normal participating entity standards.

References and Experience (20 points)
• A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
• Respondent Reputation in marketplace
• Past Experience working with public sector.
• Exhibited understanding of cooperative purchasing

Value Added Products/Services Description, (8 points)
• Additional Products/Services related to the scope of RFP • Marketing and Training
• Minority and Women Business Enterprise (MWBE) and (HUB) Participation • Customer Service

Technology for Supporting the Program (7 points)
• Electronic on-line catalog, order entry use by and suitability for the entity’s needs • Quality of vendor’s on-line resources for NCPA members. • Specifications and features offered by respondent’s products and/or services

Lenovo understands NCPA’s evaluation criteria.

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Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted as clarified in writing in Lenovo’s response. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

P
rices are guaranteed: 120 days

Lenovo ( United States) Inc. _____
Company Name

8001 Development Drive _ ______
Address

Morrisville, NC 27560__________
City State Zip

855-2
53- 6686________________ n/a_________________________
Telephone Number Fax Number

[email protected] _________________________________________ Email Address

Darren Estridge _____________ E
xecutive Director______________
Printed Name Position

_____________________________
Authorized Signature

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Tab 2 – NCPA Administration Agreement
Lenovo Response:

Please note, as Lenovo proposes to utilize the Lenovo Customer Agreement as the basis for the terms and conditions governing Lenovo’s products and services, some of the items within the NCPA Administration Agreement are fully addressed within that Agreement.

Lenovo proposes that Region 14 ESC, NCPA, nor Lenovo shall be obligated in any manner with respect to the products and services proposed under this Solicitation until such time as a written contract reflecting mutually agreed upon terms and conditions is executed.

Please refer to Appendix A: Lenovo Customer Agreement on page 50 for a copy of the Lenovo Customer Agreement.

Thi
s Administration Agreement is made as of _________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and _________________________________ (“Vendor”).

Recitals

WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Technology Solutions, Products and Services;

WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement;

WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;

WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA

WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;

WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;

NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:

General Terms and Conditions
• The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this December 1, 2022
December 1, 2022
Lenovo (United States) Inc

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Administration Agreement except as expressly changed or modified by this Administration Agreement.
• NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Administration Agreement including, but not limited to, Contractor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
• Contractor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. • NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Contractor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. • With respect to any purchases made by Region 14 ESC or any Participating Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, remarketer, representative, partner, or agent of any type of Contractor, Region 14 ESC, or such Participating Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Participating Agency or any employee of Region 14 ESC or Participating Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Participating Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Participating Agency, or any employee of Region 14 ESC or Participating Agency under this Administration Agreement or the Master Agreement.
• With respect to any supplemental agreement entered into between a Participating Agency and Contractor pursuant to the Master Agreement, NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. • This Administration Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Administrative Agreement which is not contained herein shall be valid or binding.
• Contractor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this Administration Agreement or the Master Agreement by Contractor must have prior approval from NCPA.
• If any action at law or in equity is brought to enforce or interpret the provisions of this Administration Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
• Neither this Administration Agreement nor any rights or obligations hereunder shall be assignable by Contractor without prior written consent of NCPA, provided, however, that the Contractor may, without such written consent, assign this Administration Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Administration Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Administration Agreement. • This Administration Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder.

Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the

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termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall surv ive the term of this Agreement.

Fee
s and Reporting
The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount
Tot
al ____________
Each q
uarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below.

Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
Suppl
ier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.

Acknowledgment of Contractor Requirements
National Cooperative Purchasing Alliance
Organization Vendor Name
Name Name
Title Title
Address Address
Address Address
Signature Signature
Date Date
Lenovo (United States) Inc.

Darren Estridge
Executive Director Lenovo Government
8001 Development Drive
Morrisville, NC 27560
12/5/2022
Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 1, 2022

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Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services.

Locations Covered
• Bidder must indicate any and all locations where products and services can be offered. • Please indicate the price co-efficient for each location if it varies.

All 50 States & District of Columbia
(Selecting this box is equal to checking all boxes below) Alabama Illinois Montana Rhode Island
Alaska Indiana Nebraska South Carolina
Arizona Iowa Nevada South Dakota
Arkansas Kansas New Hampshire Tennessee
California Massachusetts New Jersey Texas
Colorado Michigan New Mexico Utah
Connecticut Minnesota New York Vermont
Delaware Mississippi North Carolina Virginia
D.C. Missouri North Dakota Washington
Florida Kentucky Ohio West Virginia
Georgia Louisiana Oklahoma Wisconsin
Hawaii Maine Oregon Wyoming
Idaho Maryland Pennsylvania

All U.S. Territories and Outlying Areas
(Selecting this box is equal to checking all boxes below) American Samoa Northern Marina Island
Federated States of Micrones Puerto Rico
Guam U.S. Virgin Islands
Midway Islands

All Canada Provinces and Territories
(Selecting this box is equal to checking all boxes below) Alberta Prince Edward Island
British Columbia Quebec
Manitoba Saskatchewan
New Brunswick Northwest Territories
Newfoundland and Labrador Nunavut
Nova Scotia Yukon
Ontario

If awarded a Master Agreement, will your company extend the terms offered in your Proposal to public agencies in Canada? If no or maybe, please explain.

Yes Maybe No
If an opportunity arises , Lenovo could possibly assist. However, currency requirements and trade agreements may impact how we pursue an opportunity.

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If awarded a Master Agreement, will your company extend the terms offered in your Proposal to private sector customers?
Yes Maybe No

M
inority and Women Business Enterprise (MWBE) and (HUB) Participation It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services.

Respondents shall indicate below whether or not they are an M/WBE or HUB certified.

Minority/Women Business Enterprise Respondent Certifies that this firm a Minority / Women Business Enterprise
Historically Underutilized Business Respondent Certifies that this firm is a Historically Underutilized Business

Lenov
o Response:

Neither category above applies to Lenovo.

Small Business, MWBE and HUB Growth
If Proposer is a Large, National or Multinational Organization/Corporation, what programs are in place that partners or supports the growth of small and MWEB and HUB business? If yes, please describe.

N/A, we are a recognized small, MWEB or HUB organization No, we do not have any programs in place.

Yes, we have programs in place.

R
esidency
Responding Company’s principal place of busine ss is in the city of Morrisville, State of North Carolina.

Felony Conviction Notice
Please Check Applicable Box (If the 3rd box is checked, a detailed explanation of the names and convictions must be attached):

A publicly held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony

D
istribution Channel
Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________

Pr
ocessing Contact Information
Contact Person S teven Franco
Title Account Executive
Company Lenovo (United States) Inc.

Address 8001 Development Drive
City/State/Zip Morrisville, NC 27560
Phone 432-269-9996
Email [email protected]

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Pricing Information
In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No

Pr
icing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

Yes No

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Tab 4 – Vendor Profile
Please provide the following information about your company:

Company’s official registered name.

Lenovo (United States) Inc.

Brief history of your company, including the year it was established.

Lenovo (HKSE: 992) (ADR: LNVGY) is a US$70 billion revenue global technology powerhouse, ranked #172 in the Fortune Global 500, employing 75,000 people around the world, and serving customers every day in 180 markets. Focused on a bold vision to deliver smarter technology for all, Lenovo has built on our success as the world’s leading PC player by expanding into new growth areas of infrastructure, mobile, solutions, and services. This transformation together with Lenovo’s world- changing innovation is building a more inclusive, trustworthy, and sustainable digital society for everyone, everywhere.

While the Lenovo brand came into existence in 2004, the company has a much longer history. From our founding in 1984 through our acquisition of IBM’s award-winning Think ® lines of PCs and laptops in 2005
and the IBM System X in 2014 to our partnerships with more than 900 US state and local agencies today, our focus has yielded one of the industry’s most diverse cultures — serving more than 1 billion customers around the world.

Lenovo (United States) Inc. is the U.S.-based entity within the global Lenovo corporate structure that offers intelligent devices for government, education, business, and consumer customers. Lenovo has become one of the world’s largest manufacturers offering a wide portfolio of connected products, including PCs (ThinkPad, Yoga, Lenovo Legion), tablets, workstations, augmented and virtual reality (AR/VR) devices, and smart home/office solutions. Lenovo (United States) Inc. headquarters are in Morrisville, NC, along with one of our key global research centers.

To find out more, visit www.lenovo.com and read about the latest news via our StoryHub.

Company’s Dun & Bradstreet (D&B) number.

Lenovo’s D&B number is 52-2449153.

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Company’s organizational chart of those individuals that would be involved in the contract.

Corporate office location.
• List the number of sales and services offices for states being bid in solicitation. • List the names of key contacts at each with title, address, phone and e- mail address.

Lenovo team members for the NCPA contract are based out of our US headquarters or in a home office, which is not listed due to privacy reasons. Telephone and email contact information for key team members are listed below.

Lenovo (United States) Inc. Headquarters
8001 Development Drive
Morrisville, NC 27560
(855) 253-6686
www.lenovo.com/us/en

Key Lenovo Contacts Contact Information
Lance Couch, Contract Manager +1 (281) 712-2155
[email protected]
Melissa Autrey Freeman, Senior Contract Analyst +1 (919) 294-0609 [email protected]
Steven Franco, Account Executive +1 (432) 269-9996
[email protected]
Christy D’Onofrio, Inside Sales Representative +1 (919) 874-3537 [email protected]
Chuck Boorman, Director Business Development +1 (512) 657-5220 [email protected]

Define your standard terms of payment.

Lenovo’s standard payment terms and net 30.

Who is your competition in the marketplace?
Lenovo has a large product portfolio and competition varies by product line. However, our largest competitors include Dell, HP, Samsung, Microsoft, and Apple.

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Wha
t differentiates your company from competitors?
Focused on a bold vision to deliver smarter technology for all, Lenovo has built on our success as the world’s leading PC manufacturer by expanding into new growth areas of infrastructure, mobile, solutions, and services. Working with our customers, we strive to build a more inclusive, trustworthy, and sustainable digital society for everyone, everywhere.

History of Innovation
Lenovo’s commitment to innovation differentiates our products. By designing, engineering, and building the world’s most complete portfolio of smart devices and infrastructure, we are leading an Intelligent Transformation – the idea of people improving their lives through the use of transformative technology – to create better experiences and opportunities for millions of customers around the world. Since our inception, Lenovo has won hundreds of technology and design awards for our innovative products – including more than 33,000 active patents globally – and introduced many industry firsts, including the world’s first foldable PC, first 2-in-1 convertible laptop, and first 5G smartphone. Also, we have committed to doubling our R&D investment by fiscal year 23/24 from the fiscal year 20/21 level and are adding 12,000 R&D professionals globally.

Commitment to Sustainability and Social Responsibility
After exceeding our 2020 emissions reduction goals a year ahead of schedule, Lenovo has committed to a vision to achieve net-Zero by 2050 and is working with the Science Based Target Initiative to establish goals that support this vision. Lenovo has reported on sustainability topics since 2008, including outlining our work and goals around climate change mitigation, the circular economy, and sustainable materials. In addition to the net-zero vision, Lenovo has committed to positively impacting 15 million lives through philanthropic programs and partnerships by 2025.

Our
philanthropic arm, the Lenovo Foundation, provides smarter technology for all by empowering underrepresented communities with access to technology and STEM education. We also continue to promote diversity, equity, and inclusion. Lenovo was listed in Bloomberg Gender-Equality Index again in

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2022. We are one of the leaders in our industry with over 36% female representation in our workforce.

Also, Lenovo won 24 best employer and best workplace awards last year, including the World’s Most Admired Companies by Fortune magazine.

Trusted, Award-winning Global Supply Chain
Lenovo has once again been named in the Gartner Global Supply Chain Top 25 listing for 2022 , rising seven places to rank #9. This recognition highlights Lenovo’s leadership as a purpose- driven organization as well as the operational excellence of our global supply chain. Lenovo’s supply chain has always been a core strength, from managing logistics and our relationships with component suppliers and partners to our unique global hybrid manufacturing footprint of 35+ factories around the world that together see five devices shipped every second to customers. Lenovo’s strong supply chain has been a key factor in our ability to stay flexible and resilient in the face of industry challenges in the last few years and to respond customers’ needs more effectively.

D
escribe how your company will market this contract if awarded.

Lenovo has held a contract with NCPA since 2015 and will continue to create awareness of the contract and its contents among potential users of the contract. Our marketing plan will include:
• Email announcement of contract award to current Lenovo North American public sector customers and potential customers
• Social media announcements to promote the Lenovo and NCPA relationship – Announcement (upon award) via Lenovo social media outlets including LinkedIn, Twitter, Facebook, and Instagram
– Lenovo YouTube Channel video explaining benefits and offerings of NCPA • Creation of contract-specific marketing flyer for distribution to Lenovo public sector customers • Ongoing contract awareness/education via telephone and email with public sector customers at all levels (e.g., executives, buyers, and end users)
• Multiple contract references/mentions in various North American customer information sessions, including webinars and road shows specific to public sector customers • Ongoing contract awareness/education with our business partners to develop co-marketing opportunities specific to NCPA customer channels

Describe how you intend to introduce NCPA to your company.

Lenovo has successfully leveraged our contract with NCPA since 2015 and continually hosts training for our team members about the contract as well as new member on-boarding training. We will continue to emphasize our contract with NCPA to Lenovo sellers through the following:
• Email notification to Lenovo public sector sales executives in each North American region covered with intent to cascade to all Lenovo public sector sellers • Several internal informational/orientation webcasts/conference calls for extended Lenovo North American sales teams
• Announcement of award on Lenovo's social media outlets LinkedIn, Twitter, Facebook, and Instagram

Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.

Lenovo can create a web portal designed specifically for our direct accounts. Each portal offers a range of products, services, tools, and support chosen specifically to meet your requirements including:
• Personalization − Customer welcome page and customized order authorization levels • Solution selection − Customized product catalogue, specific prices, products that can be browsed by category with comparison capability, fast path to the most-frequently purchased solutions • Order direct and tracking in real time − Shipping and pay preferences in local currency, order tracking online

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• Ease of use − Interactive help to choose options, contacts associated with account, self-service support tools

Lenovo will provide a 24/7 online ordering portal specifically for NCPA purchases. The selected standard configurations will be displayed prominently on the home page and will also offer customization of internal components on non-image models. In addition to NCPA standards, Lenovo portal users will have access to Lenovo's full product catalog − or any subset thereof as designated by the customer − at negotiated pricing. The Lenovo web portal supports credit card, procurement card, and net 30 purchase methods, and may be limited to one or two methods as needed.

The Lenovo web portal allows users to create and place orders, quotes, and save carts for future use. It also provides a link to our order history tool called Order Visibility Portal (OVP). The OVP tool provides comprehensive order information, customizable searches, and downloads. OVP users can create, save, and repeat custom reports, and can also schedule delivery of this information on a repeat basis.

In addition to NPCA’s procurement website, Lenovo offers a 24/7 Technical Support website (support.lenovo.com/en_US/) that provides drivers, updates, how-t o guides, technical help, and more.

Users can check whether the product is in or out of warranty as well as the warranty expiration date (pcsupport.lenovo.com/us/en/warrantylookup#/) and view the most up-to-da te product information. These support tools are easily accessed through the customized NCPA web portal.

D
escribe your company’s Customer Service Department (hours of operation, number of ser vice centers, etc.)
NCPA can count on Lenovo to provide superior, 24/7/365 Help Desk support through our award- winning call centers. Spread across geographies and time zones, Lenovo’s 19 call centers give customers seamless coverage to support our customers wherever they are. The call center supporting the North American market is in Atlanta, Georgia. The latest telephony technology integrated with call routing and call management applications help to ensure shorter wait times for customers and provides customer call history information to support specialists with each call. Advanced technological links allow the routing of call center calls, transparently to the customer, to provide coverage during emergency situations or natural disasters. For example, when a US call center closed during a hurricane, calls were routed to Canada with no interruption in support to our customers.

Once an end user places a call to the call center, the caller routed to the appropriate call center agent.

This is where initial problem determination and remote diagnostics begin. If the problem is not resolved remotely or via the shipment of a self-service customer replaceable unit (CRU) at this stage, the agent will determine if the unit is eligible for repair or service (e.g., depot/repair center, carry -in, on-site). When the warranty involves on-site service, the agent will electronically dispatch a field service technician to the site. Our objective is to have the technician on-site based on the response objectives by location. The specialist will arrive with the right skills and training, the right parts, and an action plan to resolve the problem.

Lenovo call centers can be reached via our website (https://support.lenovo.com/us/en) or via telephone (1-855-253-6686 #1).

G
reen Initiatives (if applicable)
• As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and

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much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.

Lenovo has reported on our sustainability efforts since 2008, including outlining our work and goals around climate change mitigation, the circular economy, and sustainable materials. After exceeding our 2020 greenhouse gas (GHG) emissions reduction goals a year ahead of schedule, Lenovo has committed to a vision to achieve net-Zero by 2050 and is working with the Science Based Target Initiative to establish goals that support this vision.

We continually seek new ways to reduce harmful GHG emissions across all of our business activities, including those of our suppliers and customers. Our commitment to climate change and a low -carbon economy can be seen through:
• Approach – To minimize our carbon footprint, we follow a structured approach. This includes a climate and energy policy, climate change strategy, and key objectives and targets to meet. • Operations – As well as driving energy and cost savings, our operational initiatives help us to meet our climate change goals.
• Performance – We have been reporting on our GHG emissions performance for over 10 years.

By continuing to measure, analyze, and disclose our efforts, we strive to make a real difference each year.
• Supply Chain – As a responsible corporate citizen, we monitor sustainability programs across our full supply chain. This includes targets to reduce GHG emissions and minimize environmental impacts. As an approximate percentage of production spend:

For the third consecutive year, Lenovo has been recognized as one of the 2022 world’s 100 most sustainable companies by Corporate Knights. The Corporate Knights annual ESG-foc used rankings evaluated over 7,000 global businesses which generate more than US$1 billion in revenue. Companies are evaluated based on 23 key performance indicators covering resource management, employee management, financial management, clean revenue, clean investment, and supplier performance.

Product Development
Lenovo has integrated green initiatives into all development operations. Every product development team has an environmentally conscious products focal point and environmental requirements as part of Lenovo’s environmental management system, to which all product development must comply. We actively manage our response to ongoing energy-related regulatory activities such as updates to emerging protocols and regulations, and industry-related standards, including:
• ENERGY STAR
® program specifications
• U.S. Department of Energy (DOE) Appliance and Equipment Standards • California Appliance Efficiency Program requirements
• China CEL and CECP Standards
• EU Ecodesign (ErP) requirements

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In 2020, we used nearly 6 million kilograms of recycled plastics in our products, including approximately 4 million kilograms of closed-loop post-consumer recycled content across a portfolio of 103 products.

Looking toward the future, we will continue to integrate sustainable materials and transition to a circular economy. By 2025, we are aiming for the following:
• 100 percent of PC products will contain post-consumer recycled content materials. • 100 percent of smartphone products and accessories will be free of PVC and BFR. • 90 percent of PC products plastic packaging and 60 percent of smartphone packaging will be made from recycled materials.
• We will have enabled the recycling and reuse of 363 million kilograms of end-of-life products and use 136 million kilograms of post-consumer recycled content plastics in our products.

Greener, Lighter Packaging
Over a decade ago, Lenovo began using 100% recycled and recyclable packaging material. Instead of using polystyrene packaging, we now encourage the use of molded pulp, fiber, and low- density polyethylene (LDPE).

In 2018, we began implementing the use of an innovative, bio-based packaging made from bamboo and sugar cane fiber. The material is not only 100 percent biodegradable, but also lighter than previous packaging and its strength characteristics enable design improvements that reduce overall package size. This new packaging was used to ship memory cards and one of our ThinkPad models.

With lighter packaging materials and package weight, the result was

6.7 percent less transportation CO
2 emissions. We are, therefore, looking to expand the use of this bamboo and sugar cane fiber packaging innovation.

A number of our other green packaging initiatives include the following:
• With 100% recycled thermoformed cushions, our PCs can now be stacked closer together and require less packaging material, helping to minimize shipping costs. • Many of our notebook product lines now use 100% post-consumer molded fiber (or paper pulp) packaging, which can be readily recycled in municipal waste streams. • All Think product primary carton boxes contain a minimum of 50% post-consumer fiber content and are required to use the maximum available post-consumer material. • 98% of ThinkPad products now use recycled cushioning material, with the printing on boxes done via flexography with water-based, non-toxic, RoHS compliant inks. • The high recycled content foam we use for server packaging contains a minimum of 65% recycled resin content.
• We are also working with suppliers to reuse packaging used for shipping between our suppliers and Lenovo factories.

Anti-Discrimination Policy (if applicable)
• Describe your organizations’ anti-discrimination policy.

Maintaining a diverse culture and achieving its full potential is fundamental to the Lenovo’s competitive success. A key element in our workforce diversity programs is the commitment to equal employment opportunity and to prohibit discrimination, harassment, and similarly inappropriate behavior in the workplace. Lenovo’s policy and Code of Conduct commits to providing a work environment free of discrimination and harassment based on race, color, gender, religion, age, nationality, social or ethnic origin, sexual orientation, gender identity or expression, marital status, pregnancy, disability, or veteran status. Company policy prohibits management from making employment decisions based on such characteristics. These business activities and the design and administration of Lenovo’s benefit plans

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must comply with all applicable laws. For qualified employees with disabilities, we will make reasonable accommodations needed for effective job performance in a manner that complies with applicable laws.

Diversity and inclusion have been the building blocks of Lenovo’s history and are among our greatest strengths. Our diverse team of people and locations enables collaboration and sharing across borders and encourages us to adopt the best practices in the markets it serves. Lenovo is bringing awareness about inclusion to all its leaders and employees in a variety of ways, including global anti -harassment training to ensure a workplace free of harassment. This year, we are conducting a global campaign with 100 percent target completion rate for global anti-harassment training.

We understand that a diverse business model starts at the top. Lenovo’s leaders throughout the world hold a deep commitment to these values that fuel long-term growth. We believe that a global workforce should reflect the global customers that it serves, and this begins with leadership that is representative of the various cultures and ethnicities that comprise our internal talent.

Vendor Certifications (if applicable)
• Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.

Lenovo maintains the necessary business licenses in the various jurisdictions in which we operate globally, including all states and provinces located in the United States and Canada. Our corporate tax identification numbers are 52-2449153 (US) and 85480-7039 RT0001 (Canada). Lenovo is not classified as a small or disadvantaged business.

Lenovo also maintains the necessary licenses and certifications related to Lenovo's manufacturing operations. For example, Lenovo has achieved certifications such as ISO 14001:2015 (environmental), ISO 50001:2018 (energy management), ISO 45001:2018 (occupational health and safety), and ISO 9001:2015 (quality management systems). We are happy to provide additional details upon request.

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Tab 5 – Products and Services/Scope
Respondent shall perform and provide these products and/or services under the terms of this agreement.

The supplier shall assist the end user with making a determination of their individual needs.

Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. • Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment Products
• Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects
Construction
• Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Lenovo’s Limited Warranty
Please note, as Lenovo proposes to utilize the Lenovo Customer Agreement as the basi s for the terms and conditions governing Lenovo’s products and services, the issue of warranty is fully addressed within that Agreement. Installation services are not considered part of warranty service but may be obtained through a value-added service.

Please refer to Attachment A, D, and E inside Lenovo’s Customer Agreement for applicable Warranty Service Terms.

Please refer to Appendix A: Lenovo Customer Agreement on page 50 f or a copy of the Lenovo Customer
Agreement.

W
arranty Parts Process for Lenovo
Lenovo maintains service parts throughout the warranty/service period. Lenovo makes commercially reasonable efforts to maintain service parts for five years from product launch date.

A key fundamental component of product warranty is our Parts Depots. Support for Lenovo Think and System x products is made available through our industry leading parts inventory management system.

This service support system includes automated dispatch, updated service technologies, preventive maintenance activities, and a parts distribution system.

Lenovo’s parts stocking and distribution strategy is for parts to be readily available for delivery to a customer’s location to meet the required levels of service for each machine type. Parts are stocked in Mechanicsburg, PA, for Think and System x products and in Grapevine, TX, for Idea products. Efforts are made to support these geographic areas at an availability level in excess of 80-85 percent of total requirements.

Regardless of warranty status, Lenovo will cross ship new or equivalent-to-new parts the same day they are ordered, provided order is placed before 3 p.m. (ET). For orders received after that time, Lenovo will ship the part out to meet the service response objectives. In many cases, Lenovo does not require receip t of the failed part before sending out a new part.

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Support for third-party products and software is provided directly by the vendor of the product. The combination of an excellent parts inventory, service representative, and additional support structure for Lenovo-branded products will ensure that NCPA receives world-class service coverage.

Life Expectancy
Lenovo Think, notebook, desktop, servers, and workstation products as well System x server and storage products are highly durable and engineered for a four- to five-year lifecycle.

Returns
Lenovo’s return policy for public sector customer is 30 days. When a return is needed due to dead-on- arrival (DOA) devices, damaged product, incorrect quantity, or incorrect product delivered, the claim has to be submitted to the appropriate Lenovo inside sales or customer service representative. After analysis and internal approvals, Lenovo will manage the collection of the product from the customer site. Lenovo will then refund the customer for the amount paid for the product that is returned.

The following is a list of suggested (but not limited to) Technology Solutions, Products and Services categories. List all categories along with manufacturer that you are responding with:

Products
Products Manufacturers
Laptops / Notebooks / 2-in-1s Lenovo and Durabook
Tablets Lenovo
Desktop Computers Lenovo
Workstations – Fixed and Mobile Lenovo
Gaming Devices Lenovo
Chromebooks – Education and Enterprise Lenovo
Servers
High Performance Computing
Data Storage / Drives
Converged Infrastructure
Hyper Converged Infrastructure
Cloud Products
Software Lenovo and third-party partners
Security Solutions Lenovo and third-party partners
Data Protection HW / SW Lenovo and third-party partners Networking
Internet of Things (IOT) Lenovo and third-party partners Sensors & Edge Devices Lenovo and third-party partners
Printers & Accessories Third-party partners
Digital Imaging – Cameras / Scanner Third-party partners Keyboard / Mice / Input Devices Lenovo and third-party partners Memory / System Components Lenovo and third-party partners

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Displays / Large Format Displays / Interactive
Flat Panels
Lenovo and third-party partners
Spare Parts Lenovo
Accessories / Cables Lenovo
Battery Back-up / Power / Surge Protectors Third-party partners Sound / Multimedia Lenovo and third-party partners
Telecommunications Products Motorola
Video – Monitors / Cards / Projector Lenovo and third-party partners Interactive Whiteboards
Commercial-Off-the-Shelf (COTS) Software Lenovo and third-party partners Software-as-a-Service (SaaS) Lenovo and third-party partners Infrastructure-as-a-service (IaaS)
Platform-as-a-Service (PaaS)
Software Licensing and Maintenance
Agreements
Lenovo and third-party partners
Subscription Based Software Licenses Lenovo and third-party partners Software Related Services Lenovo and third-party partners

Lenovo manufacturers a wide range of hardware to meet the entirety of the requirements for government and education customers. We offer various form factors of desktops, towers, small form factors and tiny, and in our notebooks as well, clamshell, 2-in-1 (Yoga), detachable and foldable. We also offer both AMD and Intel options throughout the portfolio. The list below is not exhaustive but represents our core hardware offerings.

Laptops
X Series – X1 Carbon, X1 Extreme, X1 Nano, X1 Yoga, X1
Titanium Yoga, X1 Fold 16, X13, X13s, and X13 Yoga
T Series – T14, T14s, T16, T15p, T15g
L Series – L13, L13 Yoga, L14, L15
E Series – E14, E15
C Series – C14
ThinkBook – 13s, 13x, 14, 14p, 15, 16, 16p
Legion
Mobile Thin Clients
Chromebooks – 10e, 11e, 14e, 14w, 100e, 300e,
500e

Laptop Workstations
P Series – P17, P14s, P15, P15s, P15v, P1

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Desktops
M Series Tower – M90t, M80t, M70t, M75t
M Series Small Form Factor – M75s, M70s, M80s, M90s
M Series Tiny – M75q, M70q, M80q, M90q
M Series Nano – M75 IoT
M Series All in One – M90a, M70a
Tiny-in-One – TIO 22”, TIO 24”, TIO 27”
IoT Smart Edge, Nano IoT and EPC300
Legion, Legion Cube
Thin Client

Desktop Workstations
P Series – P360 Tower/Ultra/Tiny, P520, P520c, P620, P720, P920, P920 Rack

Tablets
X12 Detachable
Android – Tab M8 HD, Smart Tab M8 HD, Tab M10 FHD Plus, Smart Tab M10 FHD Plus w/Google, Smart Tab M10 FHD Plus w/Alexa, Yoga Smart Tab s10 w/Google, P11 Pro

Smartphones
Motorola has a 90-year history of innovation…from the first cellular phone to the first 5G device. As the #3 smartphone manufacturer in North America and a business group within the Lenovo corporate structure, Motorola has steadily grown by being the dominant consumer-centric smartphone manufacturer – solving consumer pain points through innovation to create unparalleled value. Motorola’s portfolio consists of products that have the longest battery life, best cellular performance, enterprise grade security with ThinkShield for Mobile, and durability to protect the devices against everyday spills and splashes.

Motorola offers three product families to meet every need:
• Moto G, “Designed for What Matters” – This value family brings aspirational innovation at assessable price points. Premium features such as a stylus, triple cameras, and large displays are available with the Moto G portfolio.
• Edge, “Expanding Possibilities” – This innovative line is comprised of expert mobile craftsmanship that drives what’s next with features such as Ready For, the fastest 5G, and the best in entertainment and imaging experiences. The Edge family is all about performance, style, and technology.
• Razr, “Redefining Boundaries” – The iconic Razr provides all the conveniences of a modern smartphone in the most compact foldable form factor – a design focused innovation. The Razr is a true industry disruptor and has the largest external display to easily access all your content.

Services
Services Manufacturers
Deployment & Installation Lenovo
Professional Services Lenovo
Consulting Services Lenovo
Security Services Lenovo
Business Continuity / Business Resiliency Lenovo
Disaster Recovery Lenovo
VMware Professional Services Lenovo

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Microsoft Professional Services Lenovo
AWS Product and Services Lenovo
Application Services – End User Lenovo
Application Services – Data Center Lenovo
Residencies Lenovo
Managed Services – End User Lenovo
Managed Services – Data Center Lenovo
Education & Training Lenovo
Telecommunications Lenovo
Product Configurations Lenovo
Product Support Lenovo
Warranty Lenovo
Asset Lifecycle Management Lenovo
Asset Recovery Lenovo

Lenovo Services has a wide array of offerings available to help organizations plan, manage, and support their Lenovo hardware. From initial strategic planning to configuration, deployment, security, and more – Lenovo has services and solutions to help companies embrace new workplace technologies.

Planning Services – Planning services include strategy, assessment, and personal consultation to define the “who, what, where, when, and why” for how an organization can integrate Lenovo solutions.

Lenovo experts work closely with your team to carefully examine and plot out how services will be deployed across the organization’s technology footprint, and how Lenovo can help the organization achieve its business goals. Examples include:
• Lenovo Whiteboard Sessions
• Windows Transition Services

Configuration Services – Configuration services shift the expensive and labor-intensive deskside functions from in-house IT teams to highly skilled Lenovo technicians. These services make sure devices are ready for use when they arrive at your customer’s organization. Configuration services reduce operational costs, minimize downtime, and quickly get employees productive with their new PCs.

Examples include:
• Custom Imaging Services – Includes Image Verification, Image Design/Build, Smart Image Services, Image Management, First-Boot Services, and Custom BIOS • Ready-to-Provision (RTP) Services – Includes RTP Release Control and RTP Plus • Asset Tagging
• Laser Etching
• Custom Carton Labels
• Microsoft Autopilot Registration
• Drop-in-the-Box documentation

Deployment Services – When devices arrive at your location, there are many complex and time- consuming tasks for IT to perform for employees to actually begin using their new PCs with the apps and security the company requires. Lenovo’s Deployment Services shift this burden from internal IT teams to Lenovo technicians. Examples include:
• Chrome OS Zero-Touch Enrollment
• Custom Fulfillment Services
• Advanced Deployment Services

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• Lenovo Cloud Provisioning and Recovery
• Modern IT Kits

Support and Protection Services – Lenovo’s rich portfolio of support and protection services give customers the technical support, backup, and repair services needed to keep devices performing at peak efficiency. This includes Lenovo ThinkShield for critical device security and protection from cybersecurity threats. Other examples include:
• Warranty Extensions and Upgrades
– Accidental Damage Protection
– Sealed Battery Warranty
– Keep-Your-Drive Service
• Depot or Onsite Support Services
• Premier Support
• Legion Ultimate Support
• Services Engagement Management
• ThinkShield security solutions
• Lenovo Device Intelligence Plus

Managed Services – Lenovo Managed Services offer other valuable services for IT teams and a portfolio of Lenovo-developed and partner-developed software solutions, including on-site help desks, compliance monitoring and management, and inventory control. Other examples include:
• Lenovo Project Management Office – Includes help desk augmentation/integration and desktop deployment services
• Lenovo Solution Café, Smart Kiosk, Smart Vending, and Smart Lockers • Advanced Exchange Services
• Staff Augmentation
• Lenovo Device-as-a-Service (DaaS)

Asset Recovery Services – Lenovo offers solutions for the environmentally friendly disposal of units while maximizing residual value and ensuring data security and environmental compliance. Examples include:
• CO
2 Offset
• Asset Recycling
• Value Recovery
• Lenovo Genuine Parts

Financial Services Offerings
Financial Services Offerings Manufacturers
Infrastructure-as-a-Service (IaaS) Lenovo
Leasing for Public and Private/Commercial
Entities with schedules included for:

Lenovo
• Fair Market Value Lease Lenovo
• Purchase Option Lease Lenovo
• Tax Exempt Lease Purchase Lease Lenovo
• Flex Lease Purchase Lenovo
• PC-as-a-Service Lenovo

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• Software Schedule Lenovo
Deferred Payments (Direct and Indirect
Financing)
Lenovo
Payment Agreements Lenovo
Usage Agreements Lenovo

Lenovo offers a complete portfolio of IT solutions under our new TruScale “as-a-Service” umbrella.

Lenovo TruScale Services simplify and optimize everything from hardware, software, and licensing to support and management, with one contract and one point of contact. TruScale consists of two primary building blocks – Infrastructure-as-a-Service and Device-as-a-Service; however, the entire Lenovo portfolio is available as-a-service from a single vendor.

In addition, Lenovo Financial Services or LFS (www.lenovo.com/us/en/outletus/landingpage/lenovo- financial-services/) reinforces Lenovo’s commitment to deliver pioneering products and services recognized for their quality, excellence, and trustworthiness. We offer financing solutions and services that compliment your technology solution anywhere in the world.

LF
S is uniquely qualified to support and manage opportunities with customized and integrated processes.

Additional benefits you may enjoy when financing with LFS include:
• Ability to Bundle Costs – LFS offers the option to finance your entire IT solution including hardware, software, and business partner services into a single transaction and invoice. • Total Life-Cycle Management – We offer life-cycle management of your technology assets from acquisition to disposition allowing your organization to always have the most current technology at the lowest cost.
• Protection Against Advancing Technology – Financing through LFS allows you to deploy the latest technological advances with minimal financial impact or risk. Depending upon the lease structure selected, you can add-on or upgrade during the term of the contract, or you can choose to return, extend, or purchase the assets at the end of the contact. • Lower Upfront Costs – Financing 100% of your purchase reduces deployment costs, providing your organization with an ability to acquire the IT assets you need today without impacting cash flow. In addition to preserving working capital and keeping credit lines intact, using an LFS procurement solution allows a quicker ROI.

Finally, customers with large transactions (i.e., hundreds or thousands of assets) will benefit from LFS’ Premier Client Services. Each large account is assigned a servicing representative as a single point of contact for the lifetime of the relationship.

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Tab 8 – Value Added Products and Services
Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

Commitment to Public Sector
Lenovo’s commitment to the public sector runs deep. Currently, Lenovo is supporting public sector customers in every state in the United States, with more than 1,700 government solution contracts.

Lenovo is on the U.S. General Services Administration (GSA) Multiple Award Schedule (MAS) and has been a tested and proven supplier to federal, state, and local agencies across the country.

We have invested in dedicated account teams focused on federal, state, and local government as well as teams that specialize in K-12 education and higher education. In addition, we have created a dedicated center of excellence (COE) for contracts and procurement to ensure a smooth working relationship with our public sector customers. Also, the COE team can help customers navigate national and state purchasing contracts, ensuring they remain compliant with local mandates.

Lenovo’s long history of delivering quality products has made us the world’s #1 PC and tablet maker. We deliver unprecedented reliability and unbeatable mobility to over 900 state and local agencies across the US. Additionally, over 22 military and civilian federal agencies choose Lenovo to modernize their mission.

Lenovo is a trusted provider to various federal agencies, including the Department of Defense, Department of Veterans Affairs, and the Department of Energy.

We share your commitment to end-to-end security, as evidenced in our TAA-compliant products and supply chain. Additionally, we incorporate NIST and TCG standards as well as TPM 2.0 and secure BIOS firmware for peace of mind. The result is trustworthy technology to drive the most critical gov ernment agency functions.

White Glove Services (Primarily for Education)
Effortlessly migrate and integrate new Chromebooks PCs. Lenovo’s “white glove” service comprises of planning, setup, and end-to-end management of custom rollouts and deployments, reducing cost and time to deploy. Pre-enrolled and activated in the Google console, new PCs integrate seamlessly into the organization’s existing environment, right out of the box. A Lenovo Services project manager works with the customer and service delivery teams to develop a jointly agreed to schedule of services, which likely will include the following tasks.

1. Receive system units and stage the equipment in a climate-controlled warehouse.

2. Unbox all systems and thoroughly inspect for any physical damages or blemishes.

3. Identify any system issues or DOA devices to Lenovo and/or customer.

4. Update the Chrome OS to the latest version.

5. Enroll the Chrome OS devices into customer’s Google Apps domain using an enrollment account that does not require admin privileges.

6. Perform wireless network configuration for customer’s network.

7. Repackage all equipment and then deliver to the final customer location based on the required and established schedule.

White glove services for Windows devices are also available upon request.

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Services to Solidify Security in our Supply Chain
As the technology to serve remote workers is growing more sophisticated, so are the techniques to exploit it. Vulnerabilities in the supply chain can create opportunities for criminals to tamper with PCs, removing or replacing components and causing anything from device malfunctions to stolen or lost data.

In this evolving threat landscape, Lenovo has partnered with Intel to provide Trusted Device Setup Services and Transparent Supply Chain Services to keep customers protected by sealing software at the point of manufacturing and bringing Lenovo security into the transport and delivery cycle. The Transparent Supply Chain Service expands device protection into transport and delivery, minimizing the risk of PC tampering throughout the supply chain. The Trusted Device Setup Service minimizes the risk of preload tampering (in transport or at the partner site). Trusted Device Setup takes place in the factory, whereas Transparent Supply Chain encompasses transportation. Together, these two services create a secure chain of ownership, enabling security from manufacturing through delivery.

Sustainability Services All Around
Lenovo strives to not only make great products but also offer services related to those products that make our customers’ decisions easier and better for the community. End-of-life services such as Asset Recovery Services give customers the peace of mind that their devices are recycled properly with certified data wiped drives and the ability to reclaim any residual value the device may hold. Along with our sustainability approach, we also offer CO2 Offset Services that will cover emissions not only during the manufacturing of the device but throughout the life of the device as well.

Lenovo Whiteboard Sessions
Lenovo works with customers to coordinate a whiteboard session led by a Lenovo Services technical specialist with the support of Lenovo’s Transition Services Team and the Image Technology Center. The session is designed to dive deep into a customer’s current PC lifecycle process with a full , end-to- end review of internal process flows and associated challenges, gaps, and goals. The intent of the deep-dive session is to understand an individual organization’s business objectives and how those impact future deployment solution needs. Lenovo’s whiteboard session summary provides a recommended future PC deployment solution based on an organization’s unique capabilities and infrastructure, along with Lenovo’s innovative configuration services, automation and cloud capabilities, and industry best practices.

The Lenovo Services team documents a customer’s current and recommends future process workflows along with the benefits. A whiteboard session allows different parts of a customer’s organization to collaborate, learn about best practice solutions other customers are using, and discuss how those best practices can be used to create efficiencies in their own process. Creating and documenting this process reduces costs across the deployment, including an 80% reduction in deployment time, and transitions the customer to a user self-serve deployment process allowing their team to focus on other projects.

After the session, Lenovo will provide a customized solution report that maps out the organization’s current imaging processes and deployment workflow, and also recommends deployment services to support an improved, highly efficient workflow leveraging automation with associated cost assumptions.

ThinkShield Security
ThinkShield is a custom solution that secures an organization’s most critical data and business technologies with comprehensive, end-to-end protection. From the moment we envision a new platform, we incorporate a security-by-design approach into the R&D process that extends to our supply chain to deliver on our vision of platform security.

Lenovo ThinkShield solutions seamlessly integrate with our industry-leading Lenovo devices to improve user experience and operational efficacy while helping to minimize overall IT cost. With the rapid digital

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transformation of the workplace, ThinkShield keeps customers protected from the evolving threat landscape with advanced, next-gen security capabilities so that your risks and response times are reduced.

Our holistic approach to security starts with our platform security. Built-in ThinkShield security solutions come standard on Lenovo’s industry-leading Think-branded devices. These include such features as our self-healing bios or the Trusted Supplier program, a rigorous vetting process to ensure every supplier meets the highest standards of trust.

Access to Testing and Demo Equipment
Upon request, Lenovo will provide demo equipment for testing purposes that meet the needs of the organization. Also, Lenovo offers customers the opportunity to buy the demo equipment or return it to Lenovo when testing is complete.

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Tab 9 – Required Documents
Federal Funds Certifications
The following clauses are deemed by Lenovo to not be applicable:
• (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions

• Any Participating Agency will include any current and applicable prevailing wag e determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.

• (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of

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the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.

• (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above

Lenovo takes exception to the following certification as Lenovo does not provide a blanket compliance statement as it relates to this provision. Requests to expressly state compliance with this provision shall be considered on a case-by-case basis.

• CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.

Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

Clean Air and Water Act & Debarment Notice
To the best of our knowledge and belief, Lenovo concurs.

Contractors Requirements
Lenovo concurs.

Required Clauses for Federal Assistance by FTA
The entire “Require Clauses for Federal Assistance Provided by FTA” section is deemed by Lenovo to not be applicable.

Federal Required Signatures
Please refer to page 48 for Lenovo’s completed Federal Required Signatures form.

Antitrust Certification Statements Texas Government Code § 2155.005 Please refer to page 49 for Lenovo’s completed Antitrust Certification Statements Texas Government Code form.

State Notice Addendum
Lenovo concurs.

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Federal Required Signatures
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above.* It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.

*
Note: Lenovo certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above with the exceptions noted regarding clauses that do not apply to Lenovo and the Lenovo statement pertaining to the Buy America Provisions.

Lenovo (
United States) Inc. _____
Offeror

8001 Development Drive _ ______
Address

Morrisville, NC 27560__________
City State Zip

___________________________
Authorized Signature

November 17, 2022____________
Date

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Antitrust Certification Statements Texas Government
Code § 2155.005

I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Lenovo (
United States) Inc. _____
Company Name

8001 Development Drive _ ______
Address

Morrisville, NC 27560__________
City State Zip

855-2
53- 6686________________
Telephone Number

n/a_________________________
Fax Number

[email protected] _________
Email Address

Darren Estridge _______________
Printed Name

Executive Director___ __________
Title

____________________________
Authorized Signature

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Appendix A: Lenovo Customer Agreement
This appendix includes a copy of the Lenovo Customer Agreement as referenced in our responses within Tab 1 and Tab 2.

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Lenovo Customer Agreement
“Personal Computer”
Parties
This Lenovo Customer Agreement (this “Agreement”) is made by and between:

1. National Cooperative Purchasing Alliance (“Customer”) with an office at PO Box 701273, Houston, TX 77270, and

2. Lenovo (United States) Inc. (“Lenovo”) with an office at 8001 Development Dr., Morrisville, NC 27560.

Customer and Lenovo may be referred to collectively as the “Parties” and each individually as a “Party”.

Agreement Structure
The following documents are incorporated into and form part of this Agreement:

Attachment A: General Terms
Attachment B: Pricing, Products , Services Descriptions and Contact Details Attachment C: Warranty Service Information (“Personal Computer”)

This Agreement applies to all Products and Services ordered by Customer in accordance with its terms and conditions.

Each Party accepts the terms of this Agreement by signing either by hand or, where permitted by law, electronically.

Any reproduction of this Agreement, an Attachment or a Transaction Document made by reliable means, such as PDF using email, shall be considered an original. The Parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. After signing, please return a copy of this Agreement to the Lenovo address shown above.

Accepted and agreed for and on behalf of:

Accepted and agreed for and on behalf of:

National Cooperative Purchasing Alliance

Lenovo (United States), Inc.

by:

Authorized signature

by:

Authorized signature

Signatory Name:
(type or print)

Signatory Name:
(type or print)

Signatory Title:

Signatory Title:

Signature Date:

Signature Date:

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Attachment A - Page 1 of 11

ATTACHMENT A
General Terms
1 Definitions
In this Agreement, in addition to the various terms defined elsewhere in this Agreement, the following terms shall be interpreted as follows:

1.1 “Affiliate ” means, with respect to any party, any entity that, during the Term, directly or indirectly controls, is controlled by , or is under common control with such party. For purposes of this definition, “ controls” “controlled by,” and “ under common control with ” mean (i) the ownership, direct or indirect, of (a) more than fifty percent (>50%) of the shares of stock entitled to vote for the election of directors, in the case of a corporation, or (b) more than fifty percent (>50%) or such other controlling interest (as determined by applicable law) in the equity interests of any other type of legal entity (whether in the form of stock or otherwise), or (ii) status as a general partner in any partnership, or any other arrangement whereby a party controls or has the right to control the board of directors or equivalent governing body of a corporation or other entity.

1.2 “Enterprise ” means a Party , and any entity that is controlled by , controls, or is under common control or ownership with such Party, including its sister companies, parent, Affiliates or subsidiaries.

1.3 “Hardware Product ” means a physical programmable electronic Lenovo-b randed or Third Party -branded device designed to process data and perform logic operations, as well as any related device and may include, without limitation, a personal computer, a server, a storage device, and any related accessory and device.

1.4 “Lenovo Pa rtners” means Lenovo and its Affiliates , and their subcontractors, assignees, relevant service providers, distributors and resellers.

1.5 “Machine ” means a Lenovo-branded Hardware Product (to be identified by a “Machine Type”), as well as its features, conversions or upgrades.

1.6 “Machine Code ” means all code provided for a Machine (including, without limitation, a Machine’s firmware and microcode), excluding code that is licensed under a license agreement other than the terms of this Agreement governing the use of Machine Code. The term “Machine Code” specifically includes any whole or partial copy of Machine Code, and any fix, patch, or replacement provided for Machine Code . The licensing of Machine Code is described in Section 8 “Licenses for Machine Code” of this Attachment A “General Terms” below.

1.7 “Materials ” means literary works or other works of authorship, such as Programs and code, documentation, reports, and similar works that Lenovo may deliver to Customer as part of a Service, but excluding Programs, Machine Code, and other items available under their own license terms or agreements.

1.8 “Price ” means, as applicable, the price payable for a Product or the charge payable for a Service.

1.9 “Product ” means any Hardware Product or Program that Lenovo makes available for purchase by Customer under this Agreement.

1.10 “Program ” means any Lenovo-branded or Third Party software, whether in object code or source code form, and whether pre-loaded or provided separately, which is licensed to Customer under a separate license agreement. The term “Program” also includes related licensed materials, such as documentation, but always excludes Machine Code.

1.11 “Service” means the performance of a task, the provision of advice or assistance, or access to a resource such as an information data base that Lenovo makes available to Customer under this Agreement . Unless otherwise agreed hereafter, terms and conditions relating to additional Services other than any warranty services shall be agreed subsequently and set forth in a separate Transaction Document.

1.12 “Third Party ” means any legal entity or individual person which or who is not subject to the terms and conditions of this Agreement, and hence neither a Party nor an Affiliate of a Party.

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Attachment A - Page 2 of 11

1.13 “Transaction Document ” means, strictly subject to Section 18.2 of this Attachment A “General Terms ”, a separate subsequent document accepted by the Parties referencing this Agreement and which contains specific details and terms related to an individual transaction, such as a purchase order, service transaction, statement of work, supplement, product catalog, schedule, invoice, exhibit, change authorization, amendment or addendum and any applicable annex. One or more Transaction Documents may be associated with a single transaction. Each transaction under this Agreement constitutes a separate agreement , and is independent from other such transactions.
2 Orders, Acceptance and Delivery

2.1 Customer may place one or more orders, subject to acceptance by Lenovo, for any of the Products and Services agreed between the Parties under this Agreement, in particular as agreed in a Transaction Document or in an Attachment. Unless agreed otherwise, Customer accepts the terms in Transaction Documents by: (i) signing the relevant Transaction Document, by hand, or electronically or otherwise manifesting assent thereto; (ii) using the Product or Service, or allowing others to do so; or (iii) making any payment for a Product or Service.

2.2 Unless agreed otherwise by Lenovo, acceptance by Lenovo of any such order shall be subject to: (i) proof of Customer’s creditworthiness satisfactory to Lenovo; or (ii) Lenovo’s receipt of a payment guarantee from either Customer or another acceptable guarantor, in a form acceptable to Lenovo.

2.3 A Product or Service becomes subject to this Agreement when Lenovo accepts Customer ’s order by: (i) signing a Transaction Document; (ii) sending Customer written acceptance of the order or billing Customer for the same; (iii) shipping the Product; or (iv) otherwise making the Product or Service available to Customer .

Confirmation of Lenovo’s receipt of a Customer order does not constitute Lenovo’s acceptance of that Customer order.

2.4 Any Transaction Document will require written signature of both Parties, if requested by either Party.

2.5 Delivery dates and shipping dates are estimates, unless otherwise specifically agreed by Lenovo in a Transaction Document.

2.6 For any Program that Lenovo provides to Customer in tangible form, Lenovo fulfils its shipping and delivery obligations upon the delivery of the Program to the Lenovo-designated carrier, unless otherwise agreed to in writing by Customer and Lenovo.
3 Prices, Payment and Taxes

3.1 Prices and related costs for Products and Services shall be as set forth in Attachment B “Pricing, Products, Services Descriptions and Contact Details”, or as otherwise agreed by the Parties in a Transaction Document.

No other discounts, quantity entitlements, or promotions apply unless expressly agreed in writing by Lenovo.

3.2 If not paid in advance of shipment or performance, all amounts due to Lenovo on Services and Products are due upon receipt and not later than thirty (30) days of Lenovo ’s invoice issuance date. Any amounts not received by Lenovo within thirty (30) days of the invoice’s issuance date shall be overdue. In the event payment is not received by Lenovo on or before the 30th day after the date of the invoice, then Lenovo may, in addition to any other remedies available at equity or in law, at its option, elect to do any one or more of the following:
(i) charge interest on the outstanding sum from the due date (both before and after any judgment) at 1.5% per month until paid in full (or, if less, the maximum amount permitted by applicable laws); (ii) suspend any further performance hereunder until such invoice is paid in full; (iii) terminate this Agreement ; and/or sell any undelivered Products in the open market, in which event, Customer agrees to: (a) be liable for any difference between the resale price obtained by Lenovo and the price thereof, as well as for costs and expenses incurred by Lenovo in connection with such resale, and interest as provided herein; and (b) immediately pay such difference to Lenovo upon demand. If Customer fails to take delivery of any Product on any scheduled delivery date, Lenovo shall store such Product as Customer’s agent, and Customer shall be invoiced on the 1st day of each month following such scheduled delivery for reasonable administration and storage costs. Customer shall not have any right to offset any obligation of Lenovo to Customer against any obligation of Customer to Lenovo.

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Attachment A - Page 3 of 11

3.3 Each and every delivery of Products is separate, and Customer agrees not to withhold payment on any one delivery, including, without limitation, a partial delivery, because of a controversy relating to any other delivery or to any undelivered Products . In the event of delivery by installments, whether by prior agreement of the Parties or otherwise, delivery of one or more such installments shall not relieve Customer of its obligation to accept and pay for remaining installments.

3.4 Customer shall pay any applicable sales, use or similar taxes, fees or duties on Services and Products, unless Customer provides exemption documentation to Lenovo. Customer becomes responsible for taxes on (i) Hardware Products and Programs pre-loaded on Hardware Products from the date Lenovo has delivered them to the Lenovo-designated carrier for shipment to Customer, (ii) Programs from the date Lenovo has made them available or accessible to Customer, and (iii) Services from the date on which the Services are provided by Lenovo. Lenovo shall be solely responsible for paying all taxes on Lenovo’s net or gross income. 4 Title and Risk

4.1 When Customer orders any Hardware Product , Lenovo transfers title to Customer upon delivery of the Hardware Product at the Lenovo-designated carrier for shipment to Customer. Lenovo does not transfer title to any Program, which Program is solely licensed in accordance with its applicable terms and not sold.

4.2 For each Hardware Product supplied by it, Lenovo bears the risk of loss or damage up to the time it is delivered to the Lenovo-designated carrier for shipment to Customer. At no cost to Customer, each Hardware Product supplied by Lenovo will be covered by insurance, arranged, managed and paid for by Lenovo or one of its Affiliates for Customer, covering the period until the Hardware Product is delivered to Customer. For the avoidance of doubt, pursuant to Attachment B “Pricing, Products, Services Descriptions and Contact Details” Lenovo will bear freight and duty charges incurred in importing Hardware Products and delivering them to Customer, unless otherwise specifically agreed by Lenovo in a Transaction Document. 5 Warranties

5.1 Warranties for Lenovo Hardware Products: Lenovo warrants that each Lenovo-branded Hardware Product supplied under this Agreement is free from defects in materials and workmanship under normal use during the applicable warranty period. Unless Lenovo specifies otherwise, Lenovo’s warranties for any Lenovo Hardware Product apply only in the country where it was acquired. Unless otherwise specified in a Transaction Document, the warranty period shall commence on the invoice’s issuance date. During the warranty period, Lenovo shall provide repair and exchange service for the Lenovo Hardware Product, without charge, under the type of warranty service designated by Lenovo for the Hardware Product . If a defect in materials or workmanship is discovered during the warranty period and Lenovo is unable either: (i) to repair the Lenovo Hardware Product; or (ii) to replace it with one that is at least functionally equivalent, Customer may return the Lenovo Hardware Product to Lenovo for a pro-rated refund. Lenovo may change components or parts of a Lenovo Hardware Product without notice, provided that the substituted components or parts provide equal or better performance. Any such change shall be at no additional cost to Customer , and will not change Customer’s rights under the warranty applicable to the Lenovo Hardware Product.

5.2 Warranty for Third Party Hardware Products: Lenovo offers no warranty in respect of Third Party Products under this Agreement. Where the supplier or producer of any Third Party Product offers its own warranty, and to the extent that Lenovo is free to do so, Lenovo will upon request endeavor to transfer associated warranty service and other rights to Customer, subject always to the applicable Third Party’s terms and conditions.

5.3 Warranty for Services: Lenovo warrants that it will perform each Service using reasonable care and skill and according to its current description, including any completion criteria, contained in this Agreement or a relevant Attachment or Transaction Document. Customer shall provide timely written notice to Lenovo of any failure to comply with this warranty not later than thirty (30) days after completion of the Service at issue identifying the failure with reasonable particularity, in order that Lenovo may take corrective action as specified in the following sentence. Lenovo will either correct the failure or provide a credit of the charges paid to Lenovo for the defective portion of the Services. Such corrective action shall be Customer’s sole remedy for a breach of this Section 5.3 “Warranty for Services”.

5.4 Warranty for Programs: Lenovo does not offer any warranty in respect of Programs under this Agreement.

See Section 6 “Programs” of this Attachment A “General Terms ” for where to locate warranty terms for Programs, if any.

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5.5 Specific Exclusions: The warranties in this Section 5 “Warranties” are made to and for the benefit solely of the specific buyer under this Agreement and are non-transferable. The warranties stated in this Section 5 “Warranties” shall not apply to any Lenovo Hardware Product: (i) that: (a) has been subjected to misuse, accident, unauthorized modification, improper installation, damage or mishandling, or rendered inoperable due to willful or negligent acts or omissions; (b) has been operated in an unsuitable physical or operating environment or contrary to the applicable documentation published by Lenovo; (c) has been subjected to natural disasters, power surges or discharge, or unauthorized maintenance; or (d) is incapable of being tested by Lenovo under its normal test conditions; or (ii) that is sold for beta, evaluation, testing or demonstration purposes. Lenovo shall not be liable under this Section 5 “Warranties” for claims arising from Customer’s, its Affiliates’ or their subcontractors’, or any unauthorized Third Party’s misuse, neglect, improper installation or testing, attempts to repair, or any other cause beyond the range of the intended use of the Lenovo Hardware Product. The Lenovo Hardware Product warranty will become void if a Hardware Product component is installed as an add-on to or replacement for the original Lenovo Hardware Product, without Lenovo ’s prior written approval. Unless otherwise agreed or mandated by statute, such warranties shall not apply to: (1) any Third Party Hardware Product, including those that Lenovo may provide or integrate into a Lenovo Hardware Product at Customer’s request; or (2) any Program, whether provided with a Lenovo Hardware Product or installed subsequently. The warranties stated in this Section 5 “Warranties” also: (x) do not include any technical support, such as assistance with “how-to” questions and those regarding Lenovo Hardware Product set-up and installation; and (y) shall be voided by the removal or alteration of identification labels on a Lenovo Hardware Product or its parts. In no event shall the warranties stated in this Section 5 “Warranties” include any Lenovo responsibility for: (A) uninterrupted or error-free operation of any Product; (B) correction of any or all program or Program code defects; or (C) any loss of, or damage to, data caused by a Product.

5.6 General Exclusions: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH UNDER THIS SECTION 5 “WARRANTIES” ARE EXCLUSIVE AND IN LIEU OF ALL OTHER

WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY

IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, NON -INFRINGEMENT OR FITNESS FOR A P ARTICULAR PURPOSE, WHICH LENOVO HEREBY EXPRESSLY DISCLAIMS.

UNLESS OTHERWISE EXPRESSLY SPECIFIED, ALL SOFTWARE, MACHINE CODE , PROGRAMS, SERVICES, SUPPORT AND ALL THIRD PARTY PRODUCTS AND SERVICES ARE PROVIDED “AS IS”,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND LENOVO MAKES NO WARRANTY THAT ANY PRODUCT WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THIRD PARTY

MANUFACTURERS, SUPPLIERS, DEVELOPERS, SERVICE PROVIDERS, LICENSORS OR PUBLISHERS MAY SEPARATELY PROVIDE THEIR OWN WARRANTIES TO CUSTOMER. 6 Programs
Unless otherwise agreed in this Agreement, all terms and conditions for any Program purchased under this Agreement, whether Lenovo or Third Party branded, including but not limited to warranty terms, liability and the use of such Program will solely be governed by its own specific Lenovo or Third Party license terms, as separately provided to or agreed by Customer, as the case may be, before its act ual use. In case, but to the extent only, of any conflict between any of the terms and conditions of this Agreement and those of the license agreement for any such Program, the latter will prevail solely as regards the Program. 7 Specified Image

7.1 The Parties may agree that Lenovo will install a specific “system image” consisting of a specified set of Customer-selected Programs and modules (a “Specified Image”) requested and provided by Customer onto a Lenovo Hardware Product supplied under this Agreement.

7.2 Unless specifically agreed otherwise in writing: (a) Lenovo will act as Customer’s agent when installing Specified Images; (b) Lenovo’s warranty and other Hardware Product -related obligations, including without limitation regarding technical performance, interoperability and Third Party rights compliance, shall be limited to Lenovo Hardware Products in their unmodified state; and (c) Lenovo shall only be liable to provide Hardware Product warranty service to Customer for any Lenovo Hardware Product on which a Specified Image is installed to the extent that the fault reported by Customer can be recreated on the Hardware Product in its standard, unmodified state. Any faults should be reported to Lenovo in writing by Customer not later than ninety (90) days following delivery of the Lenovo Hardware Product to Lenovo’s designated carrier, or the faults will be considered waived.

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8 Licenses for Machine Code
Customer acknowledges that each Machine contains Machine Code. Regardless of the source from which Customer acquires a Machine, the Machine Code shall be subject to the terms of the license agreement included with the relevant Machine. Customer’s use of Machine Code on a Machine is governed by the terms of the applicable Lenovo License Agreement which is available on or through Lenovo’s support website at https://support.lenovo.com/, or other wise will be provided upon request. 9 C onfidentiality

9.1 Any non-public information which is received under this Agreement by one Party from the other and which is clearly marked as “confidential” (“Confidential Information”) shall be (i) maintained in confidence during the term of this Agreement and for two (2) years following termination or expiration of this Agreement (or, if it is Confidential Information additionally marked as and comprising a “trade secret,” for so long as it remains a trade secret under applicable law), (ii) used only for the purpose of fulfilment of the receiving Party’s obligations under this Agreement, and (iii) protected during such periods against unauthorized disclosure by the receiving Party, except for the following permitted disclosures: (a) disclosure to the receiving Party’s Affiliates, employees and contractors with a business “need to know” for the exercise of the receiving Party ’s rights or fulfilment of its obligations under this Agreement, provided that such further recipients are also obligated by the receiving Party to protect the Confidential Information to the same extent as the receiving Party under this Section 9 “Confidentiality” and (b) disclosure with the prior written consent of the disclosing Party. Further, the receiving Party is permitted to disclose any protected Confidential Information of the disclosing Party, to the extent required by law, on condition that in any such case the receiving Party promptly notifies the discloser (to the extent not prohibited by applicable law), to allow the disclosing Party a reasonable opportunity to seek a protective order. Confidential Information is provided with no warranty, and without liability as to its accuracy or completeness. Confidential Information disclosed to a third party, notwithstanding a valid consent provided under this Agreement or in the event of an unauthori zed disclosure, remains Confidential Information under this Section 9 “Confidentiality”. The terms of this Agreement are the Confidential Information of Lenovo.

9.2 Information shall not be considered “Confidential Information” under this Section 9 “Confidentiality”, and the receiving Party is free to disclose it, if: (i) the information was already in the recipient’s possession without obligation of confidentiality at the time of its re ceipt from the receiving Party ; (ii) the information was independently developed by the receiving Party without use of the Confidential Information of the disclosing Party; (iii) the information was obtained from a third party without obligation of confidentiality to the disclosing Party; (iv) the information was or becomes publicly available through no breach of this Agreement by the receiving Party or its Affiliates, employees and contractors; or (v) the disclosing Party reveals the information to a third party without imposing an obligation of confidentiality on the third party.

9.3 The terms of this Section 9 “Confidentiality” supersede and replace the terms of any confidentiality or non- disclosure agreement entered into by and between the Parties prior to the Effective Date (an “NDA”), provided however that any such NDA shall remain effective in accordance with its terms with respect to any confidential information disclosed under it by the Parties prior to the Effective Date. 10 Personal Information

10.1 Lenovo will collect, access, retain and, as appropriate, share (collectively “ Process”) the names and contact information of Customer, as well as machine types and serial numbers of the Products sold to Customer (collectively “ Personal Information ”). This Personal Information will be Processed by Lenovo in order to perform the obligations of this Agreement, including contractual warranties.

10.2 Lenovo will Process Personal Information of Customer consistent with its general website and product privacy statements available at https://www.lenovo.com/us/en/privacy/ an d/or, as applicable, privacy statements designed for a specific Lenovo Product or Service.

10.3 T o perform its obligations pursuant to this Agreement in relation to the Products and Services, Lenovo may transfer Personal Information (i) from any country to any other country in the world where Lenovo and its Enterprise operate, and (ii) to Lenovo’s Enterprise and Lenovo Service Providers acting on Lenovo’s behalf in relation to this Agreement and/or the Products or Services.

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10.4 Lenovo and Customer will comply with all data privacy or data protection laws applicable to their Processing of Personal Information pursuant to this Agreement.

10.5 Lenovo and Customer will have appropriate technical and organizational security measures in place to protect Personal Information from unauthorized access, use, or release.

10.6 If Customer accesses any Personal Information directly from a Lenovo order visibility platform or other data system, Customer (i) shall have in place appropriate administrative, physical, and technical controls to address threats to the confidentiality and security of Lenovo’s platform or data system and associated information and (ii) shall not transfer across international borders any Personal Information it receives from Lenovo without Lenovo’s express prior written consent.

10.7 Lenovo and Customer agree to cooperate as needed to address any actual or suspected Personal Information incident that may occur within the scope of this Agreement, including actual or suspected breaches of Personal Information, and to take any necessary steps to investigate, address, remediate and/or mitigate such incidents.

10.8 Furthermore, Lenovo and Customer agree to appropriately respond to any individual’s requests to review, correct, amend or delete his or her Personal Information Processed within the scope of this Agreement. 11 Additional Customer Responsibilities

11.1 As may be reasonably required by Lenovo , Customer shall provide Lenovo with sufficient and safe access (including remote access authorized by Customer) to Customer’s facilities, systems, information, personnel, and resources, all at no charge to Lenovo . Lenovo shall not be responsible for any delay in performing or failure to perform caused by Customer’s delay in providing such access or performing other Customer responsibilities under this Agreement.

11.2 If Customer is making any facilities, software, hardware or other resources available to Lenovo in connection with this Agreement: (i) Customer shall obtain any Third Party approvals, consents, licenses or permissions related to these resources that may be necessary for Lenovo, or its Affiliates, and/or Lenovo Partners to perform the Services; (ii) Lenovo shall be relieved of any obligation that is adversely affected by Customer’s failure promptly to obtain any of the foregoing; and (iii) Customer shall reimburse Lenovo for any costs and other amounts that Lenovo may incur related to Customer’s failure to obtain any of the foregoing.

11.3 Customer will at all times remain responsible for: (i) the implementation and management of its own data backup and recovery arrangements for any data stored on Customer’s Hardware Products.

11.4 Unless otherwise agreed in an Attachment or a Transaction Document , Customer is responsible for: (i) any data, and the content of any database stored on the Hardware Products or that it makes available to Lenovo in connection with this Agreement; and (ii) the selection and implementation of procedures and controls regarding access to its data, and the security, encryption, protection from unauthorized use, and transmission of data. Lenovo’s responsibilities regarding any such data or database, including any obligations related to data subjects’ rights or the confidentiality and security of the data, will be governed by the specific Transaction Document applicable to the particular Service transactions, which are subject to the provision of Section 17 “Limitation of Liability” of this Attachment A “General Terms” and other terms and conditions of this Agreement. 12 Returns
If for any reason, whether based on applicable law or on a specific contractual provision under this Agreement, Customer is entitled to return a Hardware Product to Lenovo, Customer is responsible, before returning the Hardware Product for: (i) resetting t he system to its original factory settings as provided by Lenovo to Customer; (ii) ensuring that such Hardware Product is entirely free of any Customer or Third Party security interest or deposit; and (iii) securely erasing any Customer or Third Party personal and other data stored on the Hardware Product. If Customer fails to do so, Lenovo shall be entitled to erase all such stored data. Lenovo is not responsible to maintain any program or other data stored in or on any returned Hardware Product and shall not be liable for any such data. Lenovo may operate disposal procedures according to Lenovo defined processes and in accordance with applicable laws. In any event, Customer shall not return any Hardware Products to Lenovo unless Customer has obtained a returned goods authorization from Lenovo for the applicable Hardware Products, and otherwise complies with the return policy of Lenovo then in effect.

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Customer may return a new, standard Product that is still in its sealed, unopened package, to Lenovo for any reason within twenty-one (21) days of the date of invoice for a refund or credit. Customers may only return the entire Product or all such Products for a refund or credit. Partial refunds or credits for Products that are not standard; or Products configured to Customer’s requirements, including installation of software Product options; or quantities of Products that are not separately priced, are not available to Customers. In order to receive a credit or refund, Customer must contact its Lenovo Customer Support Representative to obtain a return-authorization form. Customer must return the new Product, including all documentation and accessories, intact and in its unopened original packaging to the location and by the date specified by Lenovo.

A copy of the invoice, the return-authorization form, and the shipping label must accompany the returned Product. Shipping and handling charges will not be refunded or credited to Customer. Products returned without a Lenovo return-authorization form, or returned after the date specified by Lenovo, may be subject to a restocking fee in the amount of fifteen percent (15%) of the price paid.

Customer agrees to pay the restocking fee if charged by Lenovo. A refund or credit is not available for the return of Products which are not generally available to customers and for which Lenovo created a unique machine type model (MTM) or a part number. Returns of Products shipped as a result of a Lenovo error will be accepted by Lenovo. Lenovo will initiate a return of such Products with appropriate documentation at no charge to Customer if Lenovo is notified of the error within twenty one (21) days of the date of the invoice. If Customer acquired a software Product separate from a hardware Product, and paid a software license fee, but does not agree to the terms of the license, Customer may return the software Product within twenty one (21) days of the date of invoice and receive a refund or credit in the amount of the fee. 13 Export Regulations
Any use, export, re-export, or transfer in- country, either directly or indirectly, of Products and technical data supplied by Lenovo under this Agreement is subject to applicable export laws and regulations, including without limitation those of the United States and the European Union. Customer is responsible for compliance with all applicable export laws and regulations when using, exporting, re-exporting, or transferring in-country, directly or indirectly, any such Product or technical data. Customer shall defend, indemnify and hold Lenovo and its Affiliates harmless from any claim, damage, liability or expense (including but not limited to reasonable attorneys’ fees, costs of investigation, and costs of defense) arising out of or in connection with any violation of this Section 13 “Export Regulations”.

This Agreement shall immediately terminate in the event Customer is listed as a restricted party on any sanctions list including, but not limited to, the United Nations Sanctions List, United States Treasury Department’s Office of Foreign Asset Control Specially Designated National List; and the United States Department of Commerce’s Denied Parties List, Entity List, or Un verified List. Lenovo shall have no further obligations under this Agreement until Customer is no longer designated a restricted party. 14 Force Majeure
Except for payment obligations, neither Party shall be liable to the other for any failure or delay in the performance of its obligations, to the extent such failure or delay is caused by: fire, flood, earthquakes, or other elements of nature; acts of war; terrorism, riots, strikes, labor stoppages, civil disorders, rebellions or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond its reasonable control.
15 Intellectual Property Rights

15.1 Lenovo and its suppliers retain ownership of all their pre- existing intellectual property as well as intellectual property rights that were developed outside of this Agreement and any modifications or enhancements of such intellectual property that may be made under this Agreement . To the extent they are embedded in any Materials, such intellectual property is licensed in accordance with their separate licenses provided to or agreed with Customer.

15.2 Lenovo and its suppliers shall own all intellectual property rights in Materials created as part of a Services transaction. Lenovo grants Customer an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform and distribute copies of these Materials only to Customer’s Affiliates.

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15.3 Each Party agrees to reproduce the copyright notice and any other legend of ownership on any copies made under the licenses granted in this Section 15 “Intellectual Property Rights”.

15.4 Each Party grants the other only the licenses and rights expressly specified in this Agreement. Unless agreed by the Parties in a separate license agreement, no other licenses or rights to Products (including licenses or rights under any patent, copyright, trademark or any other intellectual property right) are granted either directly, by implication, or otherwise by either Party.

15.5 The rights and licenses granted to Customer under this Agreement may be terminated by Lenovo if Customer fails to fulfil its applicable payment obligations.

15.6 Unless otherwise agreed, neither Party grants the other the right to use its or any of its Affiliates’ trademarks, trade names, logos or other designations in any promotion or publication without prior written consent. 16 Intellectual Property Indemnification

16.1 If a Third Party files a lawsuit against Customer claiming that a Lenovo-branded Product infringes that party’s patents or copyrig hts (hereinafter referred to as a “ Claim”) for the purposes of this Section 16 “Intellectual Property Indemnification” , Lenovo will indemnify Customer against that Claim at Lenovo’s expense. At Lenovo’s option, Lenovo may also defend Customer against that Claim at Lenovo’s expense.

16.2 Lenovo’s obligations under this Section are conditioned on the following: (1) Customer promptly notifies Lenovo in writing of the Claim ; (2) if Lenovo elects to defend, Lenovo will solely control the conduct of the defense and any settlement of the Claim and Customer must fully and timely cooperate with Lenovo and provide Lenovo with all reasonably requested authority, information and assistance in connection with defense of the Claim; and (3) Customer is and remains in compliance with the terms of this Agreement , including Customer's obligations under this Section 16 “Intellectual Property Indemnification” . Lenovo will not be responsible for any costs, expenses or compromise incurred or made by Customer without Lenovo’s prior written consent.

16.3 If such a Claim is made or appears likely to be made, and Customer maintains an inventory of Products, Customer shall permit Lenovo, in Lenovo’s sole discretion, to: (1) enable Customer to continue to use and sell the Products; (2) modify the Products so that they are non-infringing; (3) replace the Products with non- infringing, functionally-equivalent products; or (4) provide a credit to Customer equal to the net book value of any Products that Customer promptly returns to Lenovo at its written request.

16.4 Lenovo shall have no obligation regarding any Claim based on: (1) anything Customer or a Third Party on Customer's behalf provides which is incorporated into, or combined with a Product; (2) modification of a Product by Customer or a Third Party on Customer's behalf; (3) the combination, operation, or use of a Product with any products not provided by Lenovo as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo did not provide; (4) Lenovo’s compliance with Customer’s specifications or requirements; or (5) infringement by a Third Party product alone and used by Customer, as opposed to its combination with Products; or (6) any standard essential patent ((1) through (6) are collectively the “ Customer Obligations”). Customer will defend and indemnify Lenovo for all costs and damages arising from infringement claims against Lenovo based upon the Customer Obligations provided that (a) Lenovo promptly notifies Customer in writing of such claim; (b) Customer will solely control the conduct of the defense and any settlement of such claim and Lenovo must fully and timely cooperate with Customer and provide Customer with all reasonably requested authority, information and assistance in connection with defense of the claim; and (c) no settlement of such claim shall be made without Lenovo’s prior written consent if the settlement would result in a payment from Lenovo or in any ongoing obligation or restriction on Lenovo or a Product.

16.5 The foregoing is Lenovo’s entire obligation to Customer, and Customer’s exclusive remedy, regarding any Claim.
17 Limitation of Liability

17.1 Except as expressly stated in this Agreement, neither Enterprise shall be liable to the other Enterprise for any of the following even if informed of their possibility or foreseeable and whether the claim arises in contract, tort (including gross negligence where legally permissible) , or otherwise: (1) third-party claims for damages; (2)

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loss of, or damage to, data; (3) special, incidental, indirect , punitive, exemplary or consequential damages; (4) loss of profits, business, revenue, goodwill or anticipated savings; (5) loss of use; or ( 6) wasted management time.

17.2 The maximum cumulative liability of either Enterprise to the other Enterprise for all actions arising out of or related to this Agreement and all orders issued hereunder, regardless of the form of the action or the theory of recovery, sh all be limited to actual direct damages, not to exceed the total amount paid or payable by Customer and the Enterprise of which it is a part to Lenovo and the Enterprise of which it is a part for all orders issued under this Agreement.

17.3 The provisions of Sections 17.1 and 17.2 of this Attachment A “General Terms” shall also limit the liability of Lenovo, its subcontractors, suppliers and program developers, collectively, to Customer and the Enterprise of which it is a part.

17.4 The provisions of Sections 17.1 and 17.2 of this Attachment A “General Terms” shall not apply to either Party’s obligations under Sections 16 “Intellectual Property Indemnification” of this Attachment A “General Terms”.

17.5 The provisions of this Section 17 “Limitation of Liability” shall not apply to the extent prevented or restricted by mandatory applicable law (including without limitation in relation to fraud) that cannot be amended or excluded by contractual waiver.
18 Entire Agreement and Conflicts

18.1 This Agreement, including the Attachments described on the cover page, any Transaction Documents hereunder, and any other referenced terms and conditions incorporated herein form the entire Agreement of the Parties with respect to the subject -matter of this Agreement, and together replace any prior or contemporaneous agreements, understandings, communications, representations, undertakings, warranties, promises, covenants, and commitments, whether oral or written, between the Parties regarding the subject- matter of this Agreement.

18.2 Unless otherwise agreed herein or otherwise, additional or different terms, Product descriptions, statements of work or sim ilar Transaction Documents shall only become part of this Agreement if agreed in a signed written document executed by the Parties, in particular where the provisions of this Agreement are incorporated or referenced. Additional or different terms in any other written communication without the written consent of Lenovo, such as on a purchase order, are void.

18.3 In the event, but only to the extent, of any conflict between the provisions of this Agreement, and those of any of its Attachments or any other document incorporated into this Agreement, the following order of precedence shall apply:
(1) any subsequent Transaction Document created under, and referring to, this Agreement shall prevail as to the specific Products or Services referenced therein; provided that, to the extent there is any conflict among Transaction Documents, the most recently executed Transaction Document will prevail over any other previously executed Transaction Documents; (2) any Attachment to this Agreement;
(3) these General Terms.
19 Term and Termination

19.1 The term of this Agreement shall begin on xx/xx/xxxx Date and continue for three (3) years with option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendor.

19.2 E ither Party may terminate this Agreement early without cause upon thirty (30) days’ prior written notice to the other Party. Either Party may terminate this Agreement early if the other Party, materially breaches the terms of this Agreement ; provided the Party alleged not to be in compliance is given written notice of the non - compliance and not less than thirty (30) days to cure, except in the event of a non-payment in which case only

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ten (10) days to cure shall be required. Any transaction validly initiated under this Agreement shall remain governed by the terms and conditions of this Agreement until completion, notwithstanding any early termination of this Agreement, unless otherwise agreed by the Parties in writing.

19.3 Any terms of this Agreement which expressly or by their nature survive the expiration or termination of this Agreement, including but not limited to Section 15 “Intellectual Property Rights” and Section 17 “Limitation of Liability” of this Attachment A “General Terms”, shall survive the expiration or termination of this Agreement. 20 Assignment
Neither Party may assign this Agreement , in whole or in part, without the prior written consent of the other Party. Neither Party shall unreasonably withhold, condition or delay such consent. The assignment of this Agreement, in whole or in part by either Party to any of its Affiliates, or to a successor organization by merger or acquisition, does not require the consent of the other Party unless the proposed assignee of Customer is a competitor of Lenovo. Lenovo may assign its rights to receive payments under this Agreement without Customer’s consent.
21 Governing Law and Venue
This Agreement and all orders issued hereunder will be governed under the laws of the State of New York, without regard to its conflict of law principles. Neither party may bring an action arising out of or related to this Agreement more than two (2) years after the cause of action arose. 22 Miscellaneous

22.1 The Parties shall endeavor in good faith to amicably resolve any dispute arising out of or in connection with this Agreement and will cooperate to escalate any disputes to their management teams, as appropriate.

22.2 Customer may not bring an action arising out of or related to this Agreement more than one (1) year after the cause of action arose. The rights and obligations of each Party are valid only in the jurisdiction in which the transaction is performed or, if Lenovo agrees, where the Product is placed in productive use, except that all licenses are valid as specifically granted. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

22.3 Unless otherwise agreed in writing in advance by Lenovo under a Transaction Document, Products are sold under this Agreement for Customer’s own use and not for onward resale, lease or rental, other than to an Affiliate of Customer. If Customer sells, leases or rents Products or Services purchased from Lenovo in competition with Lenovo resellers, Lenovo may terminate this Agreement and any open transactions hereunder with immediate effect and discontinue further sales to Customer.

22.4 Notices and other written communications are to be sent to the physical, e-mail or facsimile address specified in an appli cable Attachment or Transaction Document. Electronic mail can be used to send and receive communications in connection with this Agreement . All such communications shall be considered a signed writing. An identification code or “user ID” contained in an electronic document shall be sufficient to verify the sender’s identity and the document’s authenticity.

22.5 The Parties are independent contractors. Neither this Agreement nor any transaction hereunder shall create the relationships of principal and agent, joint venturers, partners, or employer or employee as between Customer and Lenovo or their respective Affiliates.

22.6 Each Party shall assign personnel that are reasonably qualified to perform the tasks required of it under this Agreement, and shall be solely responsible for the supervision, direction, control, and compensation of its personnel. Subject to the foregoing, the Parties and their relevant Affiliates may in their sole discretion determine the assignment of their personnel and contractors. Lenovo may delegate any of its rights and obligations under this Agreement to an Affiliate. Lenovo may engage subcontractors to perform this Agreement; provided that Lenovo shall be responsible for the performance of Services under this Agreement by its subcontractors.

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22.7 Either Party may enter into similar agreements with others to develop, acquire, or provide competitive products and services.

22.8 No Third Party beneficiaries are intended to this Agreement. To the fullest extent permitted by applicable law:
(i) no right or cause of action arises or is created, irrespective of whether in contract, tort, under the law or otherwise, in favor of any Third Party under this Agreement or any transaction hereunder; and (ii) no Third Party shall have any right to enforce any of the terms and conditions of this Agreement or of any agreement associated with any transaction hereunder, except that Lenovo ’s suppliers may avail themselves of Section 17 “Limitation of Liability” of this Attachment A “General Terms”.

22.9 Customer is responsible for selecting the Products and Services that meet its needs and for the results obtained from the use of the Products and Services , including Customer ’s decision to implement any recommendation concerning Customer’s business practices and operations. Customer may not and shall not rely on Lenovo for any of the foregoing.

22.10 Where approval, acceptance, consent or similar action by Customer is required under this Agreement , such action will not be unreasonably delayed, conditioned or withheld.

22.11 The English versions of this Agreement and the Transaction Documents, regardless of whether a translation in any other language is or shall be made, shall be the only authentic ones. Any translation of this Agreement or a Transaction Document in another language prepared for any reason shall be a non-bi nding accommodation of no legal effect, and the English version of this Agreement or a Transaction Document , including any amendments thereto, shall govern.

22.12 Except as set forth in Section 3 of Attachment B “Pricing, Products, Service Descriptions and Contact Details”, this Agreement may be amended solely by a writing signed by both Parties 23 Lenovo Resellers
Lenovo provides different ways to purchase Products and Services, depending on the region and/or choice of Customer: “Direct” purchase means that the Product or Service is available for purchase directly from Lenovo and subject to this Agreement; and “Indirect ” purchase means that the Product or Service is available for purchase from a Lenovo reseller. Indirect purchase of Products or Services from a reseller shall be subject to such terms and conditions, as well as prices , as Customer and reseller may agree. Lenovo shall not be responsible for: (i) the actions of any such reseller; (ii) any obligation that such reseller may have to Customer; or (iii) any Third Party product or service that such reseller may supply to Customer. [End of Attachment A]

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Lenovo Confidential
Attachment B - Page 1 of 2

ATTACHMENT B
Pricing, Products, Services Descriptions and Contact Details 1 Pricing, Products and Services

1.1 Customer is not committing to minimum purchase volumes or order quantities with Lenovo.

1.2 Lenovo makes Products and Services descriptions available to Customer for purchase through a “Customer Product Catalog” or any other Transaction Document or via a website, as agreed by the Parties, at the then current agreed Prices. Prices for additional Services will be agreed subsequently (except for warranty services chargeable at Lenovo’s then-current rates) and set forth in a separate Transaction Document.

1.3 Prices do not include local taxes, Value Added Tax, Goods & Services Tax or tariffs.

1.4 Unless agreed otherwise, international freight, duties and insurance are included in the Prices, with the exception of some countries which shall be communicated to Customer in advance. Transportation or delivery charges, if applicable, will be specified in a Transaction Document. 2 Changes

2.1 Unless a specific period for the validity of Prices has been agreed in writing between the Parties in a Transaction Document, Lenovo may change Prices, including labor rates, for Products and Services and other financial terms under this Agreement by providing Customer at least one (1) month prior written notice, e.g., to reflect a price increase in raw materials or in Product components. However, no such change shall be retroactive. Any such change shall be effective on the date specified in the notice. It shall only apply to new orders, on- going transactions of indefinite duration, and transactions with a defined recurring period. For transactions with a defined recurring period, Customer may request in writing that Lenovo delay the effective date of the change to after the end of the current recurring period.

2.2 Unless otherwise agreed, Customer acknowledges its agreement to have all such changes apply for such transactions: (i) by placing new orders for Products or Services after the effective date of the change; (ii) in the absence of a request that the effective date of the change be delayed until the end of the recurring period; (iii) by allowing transactions to recur or proceed after receipt of the change notice; or (iv) in the absence of notice of termination of transactions of indefinite duration prior to the effective date of the change. Except as provided above, in order for a change to be valid, it must be signed by both Parties.

2.3 The previous paragraph notwithstanding, if the cost on the international market of any Product component rises so significantly that it would not be commercially viable for Lenovo to be obliged to continue to allow Customer to buy the affected Products at the previously agreed Prices or discounts, Customer accepts that:
(i) upon having appropriately demonstrated such worldwide component cost increase, Lenovo may raise the Price of (or lower the discounts for) its affected Products proportionally in order to compensate for such cost increase; or (ii) if Customer refuses such price increase or discount reduction, Lenovo may temporarily refuse to accept Customer ’s orders for the affected Products until the overall cost of components has returned to levels in line with those which applied when this Agreement was first signed. 3 Combination of Prices and Discounts
Prices or discounts may not be combined with any other discounts or promotions, unless approved by Lenovo. 4 Contact Details
Customer Lenovo

Attention: BUSINESS UNIT
Tel.: XXXX
Fax: XXXX
General E-mail address: XXXX

Attention: Lance Couch
Tel.: 281-712-2155
General E-mail address: [email protected]

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Attachment B - Page 2 of 2

5 Product Catalog
The “Product Catalog” may be updated from time to time. [End of Attachment B]

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COE-00003-01 Lenovo Customer Agreement

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Lenovo Confidential
Attachment C - Page 1 of 3

ATTACHMENT C
Warranty Service Information (Personal Computers)

1 General
If a defect in material or workmanship is discovered in a Lenovo branded Hardware Product during the warranty period, warranty Service may be obtained by contacting Lenovo or a Lenovo-approved Service provider (“Service Provider ”). Repair, correction and replacement in the manner described below shall constitute fulfilment of all of Lenovo’s obligations under the Lenovo Limited Warranty. A list of Service Providers and their telephone numbers is available through www.lenovo.com/support/phone.

Warranty service may not be available in all locations and may differ from location to location. Charges may apply outside a Service Provider’s normal Service area. Contact a local Service Provider for information specific to Customer’s location.

2 Customer Responsibilities for Warranty Service
Before warranty Service is provided, Customer must take the following steps:

• follow the Service request procedures specified by the Service Provider; • backup or secure all programs and data contained in the Product; • authorize the Service Provider to access the systems and system relevant data necessary to provide warranty Services under this Agreement;
• provide the Service Provider with sufficient, free, and safe access to Customer facilities to perform Service; • remove all data, including confidential information, proprietary information and personal information, from the Hardware Product or, if Customer is unable to remove any such information, modify the information to prevent its access by another party or so that it is not personal data under applicable law. The Service Provider shall not be responsible for the unintentional loss or disclosure of any data, including confidential information, proprietary information, or personal information, on a Hardware Product returned or accessed for warranty service;
• remove all features, parts, options, alterations, and attachments not covered by the warranty; • ensure that the Hardware Product or part is free of any legal restrictions that prevent its replacement; • if Customer is not the owner of a Hardware Product or part, obtain authorization from the owner for the Service Provider to provide warranty Service.

3 What the Service Provider Will Do to Correct Problems When Customer contacts a Service Provider, Customer must follow the specified problem determination and resolution procedures.

The Service Provider will attempt to diagnose and resolve the problem by telephone, e-mail or remote assistance. The Service Provider may direct Customer to download and install designated software updates.

Some problems may be resolved with a replacement part to be installed by Customer called a “Customer Replaceable Unit” (“CRU”). If so, the Service Provider will ship the CRU to Customer for installation.

If the problem cannot be resolved over the telephone; through the application of software updates or the installation of a CRU, the Service Provider will arrange for service under the Type of Warranty Service designated for the Hardware Product as specified in the table below.

If the Service Provider determines that it is unable to repair the Hardware Product, the Service Provider will replace it with one that is at least functionally equivalent.

If the Service Provider determines that it is unable to either repair or replace the Hardware Product, Customer’s sole remedy under this Limited Warranty is to return the Hardware Product to the place of purchase or to Lenovo for a prorated refund of the purchase Price (unless the Customer is entitled to a complete refund under applicable mandatory law).

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Attachment C - Page 2 of 3

4 Replacement Products and Parts
When warranty Service involves the replacement of a Hardware Product or part, the replaced Hardware Product or part becomes Lenovo’s property and the replacement Hardware Product or part becomes Customer’s property. Only unaltered Lenovo Hardware Products and parts are eligible for replacement. The replacement Hardware Product or part provided by Lenovo may not be new, but it will be in good w orking order and at least functionally equivalent to the original Hardware Product or part. The replacement Hardware Product or part shall be warranted for the balance of the warranty period remaining on the original Hardware Product.

5 What this Warranty Does not Cover
This warranty does not cover the following:

• uninterrupted or error-free operation of a Hardware Product; • loss of, or damage to, Customer data by a Hardware Product; • any software programs, whether provided with the Hardware Product or installed subsequently; • failure or damage resulting from misuse, abuse, accident, modification, unsuitable physical or operating environment, natural disasters, power surges, improper mai ntenance, or use not in accordance with the Hardware Product information materials;
• damage caused by a non-authorized Service provider;
• failure of, or damage caused by, any Third Party products, including those that Lenovo may provide or integrate into the Lenovo Hardware Product at Customer’s request; • any technical or other support, such as assistance with “how -to” questions and those regarding a Product set-up and installation; and
• Hardware Products or parts with an altered identification label or from which the identification label has been removed.

If required, the Service Provider will provide repair or exchange Service depending on the type of warranty Service specified for the Hardware Product and the available service. Scheduling of Service will depend upon the time of Customer’s call, parts availability, and other factors.

6 Types of Warranty Service

6.1 Customer Replaceable Unit (CRU) Service
Under “ CRU Service ”, a Service Provider will ship CRUs to Customer for installation by Customer. CRU information and replacement instructions are shipped with the Hardware Product and are available from Lenovo at any time upon request. CRUs that are easily installed by Customer are called “Self-Service CRUs”. “Optional- Service CRUs” are CRUs that may require some technical skills and tools. Installation of Self-Service CRUs is Customer’s responsibility. Customer may request that a Service Provider install Optional -Service CRUs under one of the other types of warranty Service designated for the Hardware Product. An optional Service offering may be available for purchase from a Service Provider or Lenovo under which Self -Service CRUs would be installed for Customer. Customer may find a list of CRUs and their designation in the publication that ships with the Hardware Product or at www.lenovo.com/CRUs. The requirement to return a defective CRU, if any, will be specified in the materials shipped with a replacement CRU. When return is required: (1) return instructions, a prepaid return shipping label, and a container will be included with the replacement CRU; and (2) Customer may be charged for the replacement CRU if the Service Provider does not receive the defective CRU within thirty (30) days of Customer’s receipt of the replacement CRU.

6.2 O
n -Site Service
Under “ On-Site Service ”, a Service Provider will , at its discretion, either repair or exchange the Hardware Product at Customer’s location. Customer must provide a suitable working area to allow disassembly and reassembly of the Hardware Product. Some repairs may need to be completed at a Service center . If so, the Service Provider will send the Hardware Product to the Service center at its expense.

6.3 Courier or Depot Service
Under “Co urier or Depot Service ”, the Hardware Product will be repaired or exchanged at a designated Service center, with shipping at the expense of the Service Provider. Customer is responsible for disconnecting the Hardware Product and packing it in a shipping container provided to Customer for return of the Hardware Product to a designated Service center. A courier will pick up the Hardware Product and deliver it to the designated Service center. The Service center will return the Hardware Product to Customer at its expense.

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Lenovo Confidential
Attachment C - Page 3 of 3

6.4 Customer Carry-In Service
Under “ Customer Carry -In Service”, the Hardware Product will be repaired or exchanged after Customer delivers it to a designated Service center at Customer’s risk and expense. After the Hardware Product has been repaired or exchanged, it will be made available for collection by Customer. Failure to collect the Hardware Product may result in the Service Provider disposing of the Hardware Product as it sees fit, with no liability to Customer.

6.5 Mail-In Service
Under “Mail-In Service”, the Hardware Product will be repaired or exchanged at a designated Service center after Customer delivers it at Customer’s risk and expense. After the Hardware Product has been repaired or exchanged, it will be returned to Customer at Lenovo's risk and expense, unless the Service Provider specifies otherwise.

6.6 Customer Two-Way Mail-In Service
Under “ Customer Two -Way Mail -In Service ”, the Hardware Product will be repaired or exchanged after Customer delivers it to a designated Service center at Customer’s risk and expense. After the Hardware Product has been repaired or exchanged, it will be made available to Customer for return shipping at Customer’s risk and expense. If Customer fails to arrange return shipment, the Service Provider may dispose of the Product as it sees fit, with no liability to Customer.

6.7 Product Exchange Service
Under “Product Exchange Service”, Lenovo will ship a replacement Hardware Product to Customer’s location.

Customer shall be responsible for its installation and verification of its operation. The replacement Hardware Product becomes the property of Customer in exchange for the failed Hardware Product, which becomes the property of Lenovo. Customer shall pack the failed Hardware Product in the shipping carton used to ship the replacement Hardware Product and return it to Lenovo. Transportation charges, both ways, shall be at Lenovo’s expense. If Customer fails to use the carton in which the replacement Hardware Product was received, Customer may be responsible for any damage to the failed Hardware Product occurring during shipment. Customer may be charged for the replacement Hardware Product if Lenovo does not receive the failed Hardware Product within thirty (30) days of Customer’s receipt of the replacement Hardware Product.

[End of Attachment C]

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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: 10-2111 File ID: 25-10481 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Information Technology Department
MEETING DATE: October 20, 2025
SUBJECT:

Mapping Software — Enterprise Agreement
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve an Enterprise Agreement (EA) with Environmental Systems Research Institute, Inc. (ESRI) for a three-year renewal of software subscription, cloud hosting, and technical support in the amount of $268,200; and authorize the City Manager to execute the agreement in substantially the form presented.

BACKGROUND:

The City has used ESRI GIS products for more than a decade. Prior to 2016, the City purchased individual desktop and server products as needed to meet user demands. In 2016, the City's GIS needs expanded to where an Enterprise Agreement (EA) became more cost effective than individual product licensing. Accordingly, on November 7, 2016, the City Council approved a 3-year EA with ESRI for software, cloud services, and support. On November 4, 2019, and again on October 17, 2022, the EA was renewed by Council for additional 3-year terms.

ESRI GIS products now support mission-critical applications across the organization. These include Cartegraph for Public Works work orders, Energov for development permits issued by CDD, public and internal web map applications, and software used by individual users. An EA with ESRI provides the City with numerous benefits including:
Uncapped quantities of enterprise software and extensions in support of mission critical applications Licenses for desktop/online software and extensions in support of end users Developer tools in support of custom applications and web maps used by staff and the public Limited quantities of over a dozen specialized software products and extensions Tier 1 help desk support
Four ESRI User Conference registrations
A 5% discount on training
ESRI EA pricing is based on City population. For populations of 100,001 to 125,000, the yearly cost is $90,300. However, staff negotiated a yearly price of $87,600 in year one, $90,300 in year 2, and $90,300 in year three for a contract total of $268,200.

San Mateo Municipal Code section 3.60.070(h)(3) authorizes the use of an alternative purchasing procedure without competitive bidding when the City Council makes a finding concurrent with the award that the alternative procedure is in the best interest of the City. Here, the award of an agreement with ESRI for the continued use of its software, cloud hosting, and technical support is in the City’s best interest because ESRI products have been fully integrated into various City operations, continues to function successfully, and implementing another GIS would result in disruptions to the City’s

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CITY OF SAN MATEO
current operational needs.

BUDGET IMPACT:

The costs for this agreement are funded through Information Technology’s annual operating budget in the General Fund.

ENVIRONMENTAL DETERMINATION:

Approval of an Enterprise Agreement with ESRI is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that an agreement for software services 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 – Proposed Resolution
Att 2 – Quote and Enterprise Agreement

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

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1 2
3 7
7 CITY OF SAN MATEO
RESOLUTION NO. (2025)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR A THREE-YEAR ENTERPRISE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR SOFTWARE SUBSCRIPTION, CLOUD SERVICES AND TECHNICAL SUPPORT ($268,200.00)
WHEREAS, the City purchased an Enterprise Agreement (EA) for software subscription, cloud services, and technical support from Environmental Systems Research Institute, Inc. (ESRI) on November 7, 2016, in support of citywide mapping operations; and
WHEREAS, the ESRI EA was renewed for three-year periods on November 4, 2019, and again on October 17, 2022, and continues to serve its purpose in support of citywide mapping operations as intended; and WHEREAS, the 2022 renewal is expiring, and staff have determined another renewal will best serve the City’s operational mapping needs going forward; and
WHEREAS, Municipal Code section 3.60.070(h)(3) provides that the City may use purchasing procedures approved by the City Council if the City Council makes a finding concurrent with the award that the procedures are in the best interest of the City for the particular agreement; and WHEREAS, a three-year Enterprise Agreement with ESRI for software subscription, cloud services, and technical support is in the best interests of the City because these software and services have been fully integrated into the City’s systems and is critical to the City’s operational mapping needs.

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

1. Approval of an Enterprise Agreement with Environmental Systems Research Institute, Inc. is exempt from CEQA, because it can be seen with certainty that there is no possibility that these software and services may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

2. Pursuant to San Mateo Municipal Code section 3.60.070(h)(3), approval of an Enterprise Agreement with Environmental Systems Research Institute, Inc. for the continued use of their software and services is in the best interest of the City because:
a. ESRI software is required to maintain citywide mapping operations and to ensure mission critical applications for City departments function properly; and b. ESRI is the sole provider of the required software, cloud services, and support provided through a three-year Enterprise Agreement; and
c. ESRI has been fully integrated into the City’s systems; and d. A review of vendors and implementation of an alternative GIS platform would be costly and disrupt current City operations.

3. The three-year Enterprise Agreement with ESRI, Inc. in the amount of $268,200.00 is approved.

4. The City Manager is authorized to execute the agreement with ESRI, Inc. on behalf of the City in substantially the form presented.

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Quotation # Q-557131
Date: September 15, 2025
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 406444 Contract # ENTERPRISE

AGREEMENT
City of San Mateo
IT Dept
330 W 20th Ave
San Mateo, CA 94403-1338
To expedite your order, please attach a copy of ATTENTION: Richard Pierce this quotation to your purchase order. PHONE: 650.522.7064 Quote is valid from: 9/5/2025 To: 12/4/2025 EMAIL: [email protected] Material Qty Term Unit Price Total
193207 1 Year 1 $87,600.00 $87,600.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 193207 1 Year 2 $90,300.00 $90,300.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 193207 1 Year 3 $90,300.00 $90,300.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $268,200.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $268,200.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Sandi Hirth
Email:
[email protected]
Phone:
(916) 448-2412 x2058
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

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

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Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-4)
Thi
s Agreement is by and between the organization identified in the Quotation (“Customer”) and Environmental Systems Research Institute, Inc. (“Esri”).

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

Table A
List of Products
Uncapped Quantities (annual subscription)
ArcGIS Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS
Network Analyst, ArcGIS Data Reviewer

ArcGIS Enterprise Additional Capability Servers
ArcGIS Image Server
Ar
cGIS Online User Types
ArcGIS Online Viewer User Type
ArcG
IS Enterprise User Types
ArcGIS Enterprise Viewer User Type
Ca
pped Quantities (annual subscription)
ArcGIS Online User Types ArcGIS Enterprise User Types
ArcGIS Online Contributor User Type 50 ArcGIS Enterprise Contributor User Type 50 ArcGIS Online Mobile Worker User Type 200 ArcGIS Enterprise Mobile Worker User Type 200 ArcGIS Online Creator User Type 200 ArcGIS Enterprise Creator User Type 200 ArcGIS Online Professional User Type 50 ArcGIS Enterprise Professional User Type 50 ArcGIS Online Professional Plus User Type 50 ArcGIS Enterprise Professional Plus User Type 50 ArcGIS Pro (Add-on Apps) for ArcGIS Online Creator or
Professional User Type
ArcGIS Pro (Add-on Apps) for ArcGIS Enterprise
Creator or Professional User Type
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
50 each
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
50 each
ArcGIS Online Apps and Other ArcGIS Enterprise Apps and Other ArcGIS Location Sharing for ArcGIS Online 50 ArcGIS Location Sharing for ArcGIS Enterprise 50 ArcGIS Online Service Credits 125,000 ArcGIS Advanced Editing User Type Extension for ArcGIS Enterprise 50
Oth
er Benefits
Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement

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

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

Term
of Agreement: Three (3) years
This
Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accept
ed and Agreed:
(Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact
: Telephone:

Address
: Fax:

City, S
tate, Postal Code: E-mail:

Country
:

Quotati
on Number (if applicable):

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1.0—ADDITIONAL DEFINITIONS

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

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

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

“Fee” means the fee set forth in the Quotation.

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

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

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

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

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

“Tier 1 Help Desk” means Customer’s point of
contact(s) to provide all Tier 1 Support within
Customer’s organization(s).

“Tier 1 Support” means the Technical Support
provided by the Tier 1 Help Desk.

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

2.0—ADDITIONAL GRANT OF LICENSE

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

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

3.0—TERM, TERMINATION, AND EXPIRATION

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

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

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

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

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

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

4.0—PRODUCT UPDATES

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

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

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

5.0—MAINTENANCE

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

Customer may acquire maintenance for other
Software outside this Agreement.

a. Tier 1 Support

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

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

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

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

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

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

b. Tier 2 Support

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

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

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

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

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

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

6.0—ENDORSEMENT AND PUBLICITY

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

7.0—ADMINISTRATIVE REQUIREMENTS

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

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

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

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment

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

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

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

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

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

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

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

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

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9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES

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

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

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

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

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CITY OF SAN MATEO
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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: 72-4674 File ID: 25-10441 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 20, 2025
SUBJECT:

Clean Water Program, Program Management Services – Amendment RECOMMENDATION:

Approve Amendment No. 11 to the agreement with CH2M Hill Engineers, Inc. to authorize scope and funding for program management services for the Clean Water Program; authorize payment in an amount not to exceed $5,461,527; establish a contingency amount of $2,424,500; and authorize the Public Works Director to execute this amendment and task amendments within the contingency amount in substantially the form presented.

BACKGROUND:

The Clean Water Program (CWP) is a $1 billion capital improvement program necessary to replace aging infrastructure in the wastewater treatment plant and collection system to meet regulatory requirements. On October 20, 2014, Council approved a professional services agreement with CH2M Hill Engineers, Inc. (CH2M) to provide program management for the Clean Water Program for one year with automatic extensions for five additional years, with scope and funding for subsequent years to be authorized annually by the City Council. Council authorized the scope of services for Years 2 through 11 under Amendment Nos. 1 through 10, respectively. The scope and funding for each subsequent year continues to be jointly developed and negotiated between City and CH2M staff, with annual authorization by Council. The recommended Amendment No. 11 details the scope of services and funding for the upcoming contract year.

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

Year 1 activities focused on developing the structure and team needed to deliver the CWP, performing validation studies for the Wastewater Treatment Plant (WWTP), and continuing progress on current improvement projects. Year 2 activities focused on refining established project scopes, budgets, and schedules; shifting project delivery and execution; certifying and adopting the Programmatic Environmental Impact Report; and selecting the In-System Storage Program Approach.

Years 3 and 4 activities focused on project implementation; completion of project-level alternative analyses; preliminary and final design; development of financing strategies; evaluation of impacts to ratepayers; public outreach; continuing environmental and permitting requirements for the projects; and evaluation of underground flow equalization system sites. Years 5 and 6 activities focused on shifting to construction phase for most projects; implementing financing strategies through bond financing and submission of letters of interest and applications to request State and Federal loans; continuing public outreach; continuing environmental and permitting requirements for projects; and completion of some of the projects. Years 7, 8, 9, 10, and 11 activities have focused largely on construction management services for the WWTP projects, Underground Flow Equalization System, and Dale Ave Pump Station Improvements, as well as several

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CITY OF SAN MATEO
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other projects in the City’s collection system; securing two Federal WIFIA loans and one State Revolving Fund loan, saving ratepayers nearly $120 million; continued project delivery; and programmatic support.

Year 12 services will continue to be focused on project delivery, shifting the final capacity improvement and flow management projects from design phase to construction phase, and project completions. It is anticipated that the new facilities associated with the Wastewater Treatment Plant Upgrade and Expansion project will be commissioned during this contract year. The delivery of several other WWTP improvements will continue through and beyond Year 12. The scope continues to be based on a project and functional services structure designed to support the CWP. Tasks include program administration, program controls, engineering and project management, construction management and inspection, environmental and permitting support, and public outreach. The detailed scope of services is described in Attachment 1 - Exhibit A.

CH2M will continue to provide project and construction management for the WWTP and construction management oversight of the collection system projects. Amendment No. 11 includes the jointly developed scope of services for the new contract year and the associated budget of $5,461,527. The level of effort and fee was negotiated based on quantity and complexity of projects and program needs anticipated for the coming year. With CWP completion anticipated by the end of calendar year 2026, the proposed Amendment No. 11 covers the time period of November 1, 2025, through December 31, 2026, to avoid the need for another amendment to close out the CWP.

For Year 12, the requested contingency budget is $2,424,500. A significant portion of this budget is based on estimated costs for additional project management and construction management services that the City may require if there are delays in active construction projects or extensions needed to complete the Clean Water Program. The contingency also accounts for supporting legal claims, operations evaluations, hydraulic modeling, and flow studies necessary to assess whether additional capacity issues have not yet been addressed. It includes provisions for odor control support, general risks associated with program and project delivery, and unanticipated scope changes that may arise throughout the year.

BUDGET IMPACT:

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

Year Agreement /
Amendment
Amount Approved Actuals Spent Underrun
1 Original Agreement $4,856,900 $4,856,900 $0
2 Amendment No. 1 $8,998,731 $8,998,731 $0
3 Amendment No. 2 $14,366,405 $11,270,001 $3,096,404
4 Amendment No. 3 $17,493,206 $13,722,696 $3,770,510
5 Amendment No. 4 $23,670,000 $12,180,400 $11,489,600
6 Amendment No. 5 $17,600,000 $13,641,446 $3,958,554
7 Amendment No. 6 $14,330,000 $13,198,689 $1,131,311
8 Amendment No. 7 $11,132,000 $10,828,744 $303,256
9 Amendment No. 8 $9,942,836* $9,793,790 $149,046
10 Amendment No. 9 $8,794,900* $8,610,131 $184,769
11 Amendment No. 10 $7,945,378 $7,926,822** $18,556
￿12 ￿Amendment No. 11 ￿$5,461,527*** ￿TBD ￿TBD
* Value includes the amounts approved by Council, plus contingencies approved by the Public Works Director and added to the contract amount via task amendments for the year.
**Value includes Actuals as an estimate at completion of the subject year and will be confirmed in November this year. ***Proposed

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CITY OF SAN MATEO
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The level of effort for Amendment No. 11 is estimated at an amount not to exceed $5,461,527, including a contingency budget of $2,424,500, to fund increased level of effort for certain tasks if determined necessary and authorized by the Public Works Director.

Program Management tasks constitute approximately $1,713,978 and will be charged to the Program Management Project (469981).

Project-specific tasks such as project management and construction inspection, estimated at approximately $3,747,550, have been included in the budgets for, and will be charged to, the individual projects to which they pertain (469988, 46s003, 46s005, 46s090, 46s091, 46s092, 46s093, 46t003, 46t009, 46t010, and 46t090).

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 11

STAFF CONTACT
Thomas Williams, Engineering Manager
[email protected]
(650) 522-7307
James O’Connell, Deputy Director of Public Works
[email protected]
(650) 522-7287
Matt Fabry, Director of Public Works
[email protected]
(650) 522-7309

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Contract Amendment Page 1 of 2
CAO Approved June 2024
AMENDMENT NO. 11 TO THE AGREEMENT

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

ROGRAM MA NAGEMENT SERVICES
(
$4,856,900 Original Amount, $8,998,731 Amendment 1, $14,366,405, Amendment 2, $17,493,206 Amendment 3, $23,670,000, Amendment 4, $17,600,000 Amendment 5, $14,330,000 Amendment 6, $11,132,000 Amendment 7, $9,942,836 Amendment 8, $8,794,900 Amendment 9, $7,945,378 Amendment 10, $5,461,527 Amendment 11 = $144,591,883, Actual Spend $115,028,350) This Amendment is made and entered into this day of _____________ by and be tween the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and CH2M HILL ENGINEERS, INC. ("CONSULTANT").

WHEREAS, the Clean Water Program is a $1 billion capital improvement program necessary to replace aging infrastructure in the wastewater treatment plant and collection system to meet regulatory requirements; and
WHEREAS, City Council approved a professional services agreement with CH2M in October 2014 to provide program management for the Clean Water Program with scope and funding for subsequent years to be authorized annually by the City Council; and WHEREAS, City Council authorized the scope of services for years two through eleven of the Clean
Water Program under Amendment Nos. 1 through 10, respectively; and WHEREAS, City and CONSULTANT wish to amend the Agreement effective October 27, 2014 to extend and amend program management services of this Agreement as described below.

N
OW, THEREFORE, the Parties agr ee as fo llows:

1. Section 1, “Scope of Project,” of the Agreement is amended to add services as described in Exhibit A attached hereto to Amendment No. 11 and incorporated by reference.

2. Section
5, “Duties of Consultant,” of the Agreement is amende d to add services as described in Exhibit A attached hereto to Amendment No. 11 and incorporated by re
ference.

3. Section 8, “Payment,” of the Agreement is amended to add services as described in Exhibit A attached hereto to Amendment No. 11 and incorporated by reference.

4. Section
8, “Payment,” of the Agreement is amended to provide the updated cost schedule
set forth in Exhibit C attached hereto to Amendment No. 11 and incorporated by re
ference.

5. The term of this Amendment shall be effective November 1, 2025 and be completed on December 31, 2026.

6. 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 June 2024
IN
WITNESS WHEREOF, CITY OF SAN MATEO and CH2M HILL ENGINEERS, INC. have executed this Amendment on ______________.

CITY OF SAN MATEO CH2M HILL ENGINEERS, INC.

Matt Fabry
Public Works Director
Date Cory Hooper
CA Executive Director of
Operations
Date

APPROVED AS TO FORM
Prasanna Rasiah
City Attorney
Date
A
ttachments:

Exhibit A – CH2M HILL Year 12 Scope of Services
Exhibit B – Not Applicable
Exhibit C – Cost Schedule

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1 EXHIBIT A
CH2M Year 12 SCOPE OF SERVICES
Year 12 is defined as the 14-month period from November 2025 to December 2026. Work for the 12- month period from November 2025 to October 2026 will be budgeted in the Tasks below. Work for the last two months, November and December 2026 will be budgeted as contingency.

Task 01. Program Management and Administration
Task 1 includes activities related to the general administration of the City of San Mateo (City) Clean Water Program (Program). This task will provide services to keep the Program on schedule and communicate and mitigate team or quality concerns. The CH2M Program Manager Advisor, the CH2M Construction Management Lead, the CH2M Program Controls Lead, the City Program Executive, City Program Manager, and City Engineering Delivery Leads, as part of the Program Management Team (PMT), are responsible for the day-to-day management of the Program and Program team, including work assignments, and performance monitoring. They will work together to adjudicate competing operational requirements, communicate a common plan, and enable overall Program schedule flow.

They will also facilitate Program-level decision making and accurate root-cause problem identification for early and decisive corrective actions needed to deliver the Program within budget and on schedule.

A list of the projects under the Program is presented in Appendix A.

Task 01.01 Program Management
a. Program Management: Key responsibilities and activities to be performed by the Program Manager Advisor include the following:
• Provide a safe working environment, strong communications and inclusion, and forward strategic thinking and planning for successful Program implementation. Provide safety training for construction and field work to CH2M Program staff and subcontractors. • Ensure high team performance, assign appropriate staff for delivery, and proactively track delivery, cost, scope, and schedule changes at the Program level. • Manage and retain key staff, flex to fill gaps, and maintain Program succession planning.

Maintain staff levels as allowed in the project budget. • Support the Program’s political, Council, Commissions, and public outreach strategy and needs.
• Oversee the management, tracking, and reporting of Program performance and progress, including:
o Review earned value, cost performance index (CPI), and schedule performance index (SPI).
o Establish Key milestones and track successes.
o Oversee critical path activities and all functional teams including project delivery, environment and permitting, public outreach, funding, and construction. o Manage CH2M and subconsultants.

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2 • Provide timely assistance with problem solving to resolve critical issues or unforeseen events that may arise, such as significant construction delays, large variation orders, unforeseen events that can impact scope, schedule and costs, regulatory permit non- compliance, any safety concerns, key staff losses and retention needs. • Provide Programmatic oversight, guidance, and training related to Program processes and procedures.
• Support the City in developing strategy and plan to provide continuity of projects when the Clean Water Program is completed. Anticipated effort includes oversight and involvement in the planning and delivery of the AMC projects, as well as planning of projects recommended out of the Biogas Evaluation, Flow Monitoring/Capacity Assurance.
• Support City Engineering and Delivery Leads as follows:
o Resourcing of Project Managers
o Monthly project reviews
o Process and procedure ownership
o Delivery consistency
o Periodic audit of process compliance
o Review of scopes, budgets, changes
o Review of internal and external deliverables
o Review of agreements, administrative reports (ARs), and Amendments o Review of Estimates at Completion (EAC)/Estimates to Complete (ETC) and schedule updates
o Management of Project level risk reviews/updates
• Coordinate and lead project deep dives with Project Managers at least monthly for the WWTP Projects, the AMC projects. Quarterly reviews are anticipated for all other projects. • Lead change management activities in close coordination with a Change Management Board. Organize and manage the weekly Change Board meetings. Support tracking and management of Change Request Forms (CRFs); coordinate with Project Managers to review and approve Level 4 CRFs; and coordinate with Project Managers to prepare Level 3 CRFs for Change Board approval.
• Provide leadership for risk management at the Program and project levels to support the final phases of the Program mission at the lowest possible cost and per the defined schedule. Coordinate as needed with the PMT and Project Managers to facilitate risk updates and review, monitor, and update mitigation strategies. Hold the project managers accountable and coordinate risk updates with the Program Controls team. Bring risk concerns to the attention of the City and PMT on an as-needed basis and discuss in detail at the PMT meetings. At the project level, Project Managers are expected to update and communicate individual risks to the Program Manager Advisor. • Provide quality assurance (not quality control) and work with the Program team to ensure that proper quality measures are taken to prevent additional risk to the Program and the City. Project Managers and Program staff will be accountable for quality of their own work and assurance of the work they are managing.
b. Program Oversight: The Principal in Charge (PIC) will perform a site visit and client debrief once each quarter. The PIC will meet with the City Manager, Public Works Director and/or Deputy

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3 Public Works Director during these site visits to review status of the Program, CH2M performance, and other related topics.

Deliverables

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

2. Annual list of program successes/achievements.

3. Succession plan and staffing recommendations as needed.

4. Phase change risk review updates for individual projects.

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

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

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

Assumptions

1. PMA will be based in San Mateo.

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

3. Program-related meetings will be held virtually through Microsoft Teams calls. In-person meetings, if needed, will be held at the CH2M WWTP Construction Management (CM) Office, WWTP Administration Building or at the City Plaza at 1900 O’Farrell.

4. PMT coordination meetings will be held (monthly or bi-weekly as required).

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

6. Change Management Board will consist of the Program Manager Advisor, City Public Works Director, City Deputy Public Works Director, and City Engineering Manager. Depending on the Change Request Forms being reviewed at the Change Board Meeting, participants may also include the associated Project Managers/Construction Managers.

7. Budgeted Travel expenses under the Program PO include the following:
a. Average of bi-monthly (six trips total) site visit by the Program Controls Lead b. One Site visits by the Hydraulics Lead
Site Nesting Surveys by the site biologists during nesting season Task 02. Program Controls
Task 2 covers activities related to financial management of the Program, including Program Controls Management, Economic Management, Document Management, and State and Federal Funding Coordination.

Task 02.01. Program Controls Management
The Program Controls team will maintain accurate and timely data to analyze and report on the status of the Program and its individual projects, revealing areas of potential risk or opportunity and highlighting

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4 recurring problems and best practices that can be adopted to address them at both the project and Program levels. The Program Controls team will continue to use the system of integrated tools and processes to support the monitoring and reporting on true progress of projects considering the work physically completed and approved by the PM/CM Team, the time taken, and the actual costs incurred to complete that work. Program Controls will coordinate between the PMT, Project Managers, Program team members, and City to get the most updated cost, schedule, and change management data.

The Program Controls responsibilities are categorized into two separate focus areas, Program-level and project-level as described below.
a. Program Controls Management: Includes the following key activities:
o Manage the Program Controls function and team.
o Oversee general Program reporting.
o Oversee document and Program SharePoint site management. o Prepare annual cash flow analysis twice a year, representative of cost data at the ends of December 20245 and June 206. Prepare slides for and attend economic summit in July 202.
o Coordinate with Program functional leads and Project Managers. o Ensure quality control of Program Controls deliverables. b. Project Controls (Cost, Schedule, and Reporting). Includes the following key activities:
o Use and maintain the standard program work breakdown structure (WBS) for all projects.
o Prepare project baseline budgets and schedules and perform monthly cost and schedule management/updates for Project Managers.
o Provide monthly project controls support for Project Managers and Construction Managers.
o Conduct monthly cost and schedule update meetings with Project Managers and Construction Managers.
o Maintain/update the Program Cost dashboard, including Program Actual Costs, Project construction changes and EAC forecasts.
o Budgeting, monitoring and forecasting CH2M labor and expenses.

Deliverables

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

2. Provide project schedule and cost update monthly for all projects.

3. Program wide cost reporting and present monthly updates to the PMT team.

4. Updated project Master schedules
Assumptions

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

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

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

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

CH2M will participate in and contribute to one Year 12 Economic Summit scheduled, managed, and run by the City. The PMA and SRF/WIFIA Lead will participate from CH2M in the meetings. CH2M will prepare and present a brief presentation summarizing the Program Financial status, summary of active/future projects, significant program risks that remain, program schedule status and SRF/WIFIA loan program status at each summit.

Deliverables

1. Semi-annual cash flow analysis (due January and July).

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

3. Economic Summit Presentation
Assumptions

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

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

3. Economic Summit meetings will be held in person in San Mateo. Duration of 2 hours or less is anticipated. City will host, organize and manage the summit.

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

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

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

Deliverables

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

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6 Assumptions

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

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

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

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

5. City will provide a solution to move files from Procore to SharePoint for completed projects. It is proposed that Procore through their PO to CH2M will support migration of data from the Procore platform to city SharePoint or other servers. Budget for this has been included in Contingency.

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

CH2M will provide ongoing support of the Program’s SRF loan efforts. Activities will include preparation of documentation to comply with SRF quarterly reporting requirements including review of environmental compliance; annual reporting requirements related to Disadvantaged Business Enterprise (DBE) compliance to satisfy SRF conditions (prepared by Sundt); preparation of forms and supporting documentation for loan disbursement requests; and related ad-hoc requests. CH2M will coordinate/support a final project inspection by SRF upon 100% project completion (contingent on schedule progress) and prepare and submit a project completion report.

CH2M will lead coordination efforts with WIFIA and SRF organizations, including facilitation of meetings with City Finance Department, and provide input on processes needed to satisfy loan requirements. City Finance and City’s Municipal Advisor(s) to provide support.

Deliverables

1. Quarterly project status reports to WIFIA.

2. Quarterly project status reports to SRF.

3. Monthly disbursement requisitions to SRF (until loan is fully drawn).

4. Project Completion Report to SRF.

Assumptions

1. Requests for additional CH2M support, such as preparation for State and Federal site visits or audits, loan amendments, , and other as-needed support will be managed as changes utilizing contingency.

2. The City’s Contractor for the WWTP Upgrade and Expansion Project, Sundt Construction, Inc., will be responsible for completing the annual DBE report using SRF’s standard form and guidelines. CH2M will be responsible for coordination, review, and submission to SRF.

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

Task 03.01. Engineering Delivery Management
A CH2M Engineering Delivery Management role will not be provided in Year 12. The project management and delivery activities will be coordinated by the City and the Program Manager Advisor under Task 01 Program Management.

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

The Engineering Delivery Team is defined as the individual engineering consultant firms tasked to deliver each Project under the Program.

Task 03.02/03. Project Management
CH2M will provide Project Managers to deliver Program projects in accordance with Appendix A project list and responsibilities. Project Managers will be responsible for efficient delivery of projects by managing Consultants and Contractors, managing project scope, cost, schedule and quality, and communication with the Engineering Delivery team. In Year 12 CH2M will transition these tasks to the City’s Project Managers
Primary Project Management Team responsibilities during the design phase of the project are detailed below:
• Scope, budget, schedule management and reporting
o Review, manage, and monitor Consultant scope of work; monitor and track progress against scope of work; and report progress monthly.
o Review, manage, and monitor Consultant budgets; monitor and track project budgets and costs using Program tools; status project-level earned value progress and prepare EACs monthly; coordinate and facilitate value engineering reviews if needed. o Develop and coordinate project level schedule; review, manage, and monitor Consultant schedules; report status against schedule; and provide monthly progress report. o Coordinate with the Engineering Delivery team and Program Controls to report the latest project cost and schedule information.
• Risk management
o Identify, develop, and maintain project level risks, risk definitions, and assessments o Develop risk mitigation strategies
o Coordinate with Risk Manager to provide risk updates to PMT • Change management
o Provide oversight and communication of project Decision Log

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8 o Negotiate and process consultant and contractor amendment requests; preparation of Change Request Form (CRF)
o Control scope by identifying and managing changes during design o Support development of materials for and presentation of CRFs to Change Board • Procurement, task order, and contract management
o Review and negotiation of consultant proposed scope and fee o Develop procurement documents for Consultant Agreements o Prepare Administrative Reports for City Council action o Administer and manage consultant (professional services) agreements o Administer and manage task orders and purchase orders request forms/POARS associated with project needs, such as right of way acquisition, PG&E services, etc. o Prepare contract amendments and change orders
o Manage and approve Consultant invoices/payments
o Resolution of Consultant contract issues/disputes
• Team leadership and management
o Coordinate project involvement of Functional Leads and Technical Advisors as appropriate
o Coordination and oversight of consultant(s) or other third parties during all phases o Monthly reporting to Engineering Delivery Team
o Inform PMT of progress and issues
o Coordinate with other projects as needed
• Quality assurance
o Verify that Consultant implements quality control process o Confirm that Consultant has addressed review comments in subsequent deliverables o Coordinate and facilitate constructability and O&M review workshops o Coordinate input/reviews by Program Technical Advisors o Review and verify that Consultant deliverables meet scope and contract requirements o Coordinate and facilitate deep dive reviews
• Coordination and management of stakeholder engagement o Coordinate and facilitate City Staff/O&M review workshops/meetings o Coordinate and facilitate engagement with utility companies, such as PG&E, Cal Water, Comcast, AT&T, etc.
o Coordinate and facilitate engagement with City, San Mateo Planning, or other City Departments
o Coordinate and support project-related public outreach activities o Coordinate and participate in easement negotiations with property owners, if applicable o Coordinate and support public, Commission, and City Council meetings o Support content development for community meeting presentations and related materials (posters, handouts, etc.); attend community meetings • Coordination and management of communications and meetings o Coordinate and facilitate regular Consultant coordination/project status meetings o Prepare and distribute meeting notes for managed meetings o Inform project team of City and Program activities and decisions

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9 o Coordinate and facilitate responses to information requests from all parties including public
o Participate in regular Project Manager/Engineering Delivery review meetings o Respond to Program’s communication hotline comments and questions related to project
• Document and records management
o Project level document management
o Consultant deliverable management – Quality assurance, distribution, and storage o Submit project or program documents to Document Controls Lead for review and record storage
• Technical Support
o Technical guidance to City on projects, activities, and planning o Review of remaining design deliverables for conformance with the Program objectives and criteria
During the construction phase of the project, the project’s CM team takes over the primary responsibilities for construction delivery and these services are detailed under Task 05.

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

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10 o Support baseline schedule review and acceptance; monthly schedule update reviews; review and approval of schedule changes and schedule recovery plans o Support monthly reporting, and SRF/WIFIA reporting, if applicable • Change Management
o Support tracking and management of all communications to assure response compliance
o Support CM to prepare and issue Field Orders (FO)/Work Change Directives (WCD); prepare and issue Requests for Proposals (RFP); review Change Order Requests for Entitlement and Merit; review and negotiate change order Pricing; review and analyze change order schedule impacts
o Support tracking and management of all Change Orders; coordinate with the Engineering Delivery team to review and approve Level 4 Change Orders; and coordinate with the Engineering Delivery team to prepare Level 3 Change Orders for Change Board approval.
• Quality Management
o Assist CM in adjudicating quality issues.
o Provide support per responsibilities defined in project RACI diagrams. • Safety Management
o Support safety culture and CH2M CM Team with monitoring Contractor’s safety program and implementation thereof
o Support review of safety incidents and reporting requirements on projects that we are providing construction management services.
• Dispute Resolution
o Lead review of Conformed Bid Documents before Award
o Support Construction Manager to review issues for Entitlement and Merit o Support Construction Manager to prepare responses to correspondence o Support Construction Manager to conduct resolution meetings and negotiations • Testing, Startup, and Commissioning
o Support the CM team in startup and commissioning planning/progress meetings o Support coordination of review and acceptance of Testing, Commissioning, and Startup Plans
o Support review and monitoring of startup and commissioning schedule activities o Support coordination of training activities and schedule • Project Close-out
o Support Construction Manager in conducting Substantial and Final Completion Inspections
o Support Construction Manager in recommendation of final acceptance of work by City o Prepare and submit a project close out memo (summary of actual costs, and project highlights, challenges, and lessons learned), and presentation (when requested), to the PMT for review
o Coordinate submittal of as-built drawings to City and Hydraulic Modeling Lead for updates to City’s GIS and hydraulic model
The projects under the Program will be managed under this task according to the scope described above and per the additional constraints/limitations noted in Appendix A:

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11 Deliverables

1. Procurement documents for consultant pursuits.

2. Project ETC/EAC updates monthly.

3. Reviewed consultant invoices.

4. Project schedule updates monthly.

5. RACI charts for construction projects.

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

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

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

9. Review comments for design submittals.

10. Meeting notes for managed meetings.

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

12. Project closeout memo.

Assumptions

1. City will provide project manager(s) and/or continue the project management responsibilities in accordance with Appendix A.:

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

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

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

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

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

Task 03.04. Technical Support
CH2M technical support will not be provided in Year 12 at the Program level. An allowance for level of effort is included for Technical Support to various Program projects on an as-needed basis in the respective project budgets. There is no additional budget or allowance for Technical Support provided elsewhere in the budget for Year 12.

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12 Task 03.05. Hydraulic Modeling
Note that for the purposes of this task the term “optional” shall mean tasks the City may elect to have completed based on a determination that the task is technically feasible and appropriate for the environmental conditions and facility status.

CH2M will provide hydraulic modeling support as described below in Year 12:
a. Mo
del maintenance: Due to the on-going status of several of the CIPs h the exception of new d
evelopment project applications submitted to the City’s Community Development office, no scope i
s included in Year 12 due to the planned Model Update tasks listed below. b. Training: Scope has not been included for this task in Year 12.

Development reviews: Allow 300budgetted hours to perform development reviews for project applications submitted to the City’s Community Development Office. c. Flow monitoring (This is an optional task and the budget for this task is included in contingency):

C
omprehensive flow monitoring is planned for the 2025/2026 wet-weather season. CH2M will p
erform the following tasks.

1. With input from Sewer Collections, 35 flow monitoring sites will be selected.

2. Flow monitoring basins will be delineated and basin linear length of pipe and areas tabulated. This data will be used by the flow monitoring subcontractor to quantify and rank rainfall dependent inflow/infiltration (RDI/I) to assist the City in prioritizing follow-on system rehabilitation.

3. CH2M to perform procurement contracting and quality assurance/quality control (QA/QC) of flow monitoring contractor, ADS Environmental (ADS) subcontracting will be to CH2M and not directly with the City. Contract to include the following tasks:
a. 35 flow monitors
b. 5 rain gauges
c. 80 days starting Jan 2025
d. Use of SLIICER, an ADS data processing tool adept at providing the data needed for hydraulic modeling and to characterize RDI/I into the system:
• Dry-weather: net flow averages, monitor hourly flow averages (diurnal pattern) • Wet-weather: analysis of ~4 largest storms to include %r, volume/length of pipe for each storm, peaking factor (instantaneous peak/average DWF) e. Graphics including RDI/I rankings based on gallons per linear foot f. Flow balance performed within 2 weeks after installation g. Report to include scattergraphs with Iso-flows, discrete storm separations, line ar
r
egressions between rain and RDI/I volume
h. For each monitoring site, log installation to include MH schematic and photo showing location of sensors, measure downs to each pipe invert and pipe diameters for all pipes excluding laterals.
i. Final electronic data in MS excel format includes velocity, depth, flow (MGD), and precipitation (cumulative depth, inches) in 5-minute increments. DWF averag e
h
ourly flowrates (monitored flow, not net) for both weekdays and weekend. Days included/omitted in the dry-weather flow dataset will be identified. j. Reports and finalized data is anticipated in May 2025.

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13 CH2M to provide geographical information system (GIS) data, schematic, basin area and length of pipe data to ADS for SLIICER analysis.

d. Model Update (This is an optional task and budget included in the contingency): Comprehensive flow monitoring is planned for the 2024/20252025/2026 wet-weather season providing the necessary data to update/recalibrate the City’s current hydraulic model. For the model update, CH2M will first convert the City’s InfoWorks Integrated Catchment Model (ICM) model (v. 2018) to the latest model version.

The CH2M AutoCal Tool will be used to perform the model calibration. The CH2M AutoCal Tool enables a greater number of calibration iterations to refine model accuracy. The CH2M AutoCal Tool is a proprietary tool used to improve the calibration process while decreasing the traditional labor required to perform model calibration. Calibrated models are able to be shared, but any information about the AutoCal Tool including source code, documentation, input files or outputs is not able to be shared with the City as part of this scope of services.

The update will also include the following:

1. If available, an updated 20-year traffic analysis zone (TAZ) detailing future growth projections will be included. The most recent TAZ data currently in the model is from 2018. A per capita flow estimate will be derived from the flow monitoring data to estimate impacts of future

2. Coordination is needed with City to determine which of the planned future development projects currently in the model are still pending. The balance will be removed due to the planned flow monitoring.

A capacity analysis will be conducted using the 6-hour design storm with updated 20-year buildout.

Any potential constraints will be identified, but no alternatives to address potential hydraulic deficiencies is anticipated. Input will be necessary on level of service (e.g., maximum water level to not be less than 5-ft freeboard).

At completion, a technical memorandum detailing model update results to include the following will be provided for City records:
• Calibration results including comparison of simulated to monitor data calibration hydrographs
• Buildout impacts
• Electronic data submittal links
• RDI/I rehabilitation recommendations

e. Flow Projection Tool Compilation (This is an optional task and the budget is included in contingency): The objective of this task is the compilation of data to characterize how WWTP Operators operated the system, the data that drove those decisions, and resulting system performance (e.g., effective use of UFES, status of sanitary sewer overflows, characterization of rain events). Target data will include SCADA data from the following:
• WWTP: transmembrane pressure, influent flow, headworks level

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14 • Collection system: Lift station flows and levels (DAPS, Flint Norfolk, Bay Meadows), North Diversion Structure (NDS) gates’ position and level.
• UFES: Diversion and dewatering periods and flowrates, levels

This task is dependent on the availability of wet-weather events AFTER WWTP upgrades have been completed enabling Operators to maximize influent flows into the WWTP. At the conclusion of the wet-weather season, CH2M to provide recommendations including the following, 1) If data exists sufficient to upgrade the Flow Projection Tool currently installed on the WWTP business LAN machine, and 2) methodology (e.g., basis such as machine learning or ICM model) to improve the prediction tool.

f. Delaware Trunk and North Diversion Structure Field Verification: The objective of this task is to verify the accuracy of the water level sensor installed in the effluent channel of the North Diversion Structure (NDS) level transmitter (LT-13-504). CH2M, in coordination with Sewer Collections personnel, to perform field investigations along the Delaware Trunk in the vicinity of the NDS upstream to the 25
th Ave SmartCover. Findings from the field investigation will be used to confirm hydraulic performance along the trunk, and therefore, possibly affecting level setpoints used to dewater UFES and if additional sensor locations are needed. These investigations will be performed during the 2025/2026 wet-weather. Access to SCADA data will be necessary. A technical memorandum of conclusions and recommendations will be provided guiding wet-weather operating procedures and if other field instrumentation are warranted. e. Miscellaneous Data and Analysis: Allow up to 100 hours to perform miscellaneous data and analysis related to collection system hydraulics.

Deliverables

1. Development review assessments

2. Delaware Trunk and NDS level technical memorandum

3. Hydraulic review technical memorandums as requested.

Assumptions

1. The new WWTP flow monitors may not be operational in time to allow adequate Wet Weather Flow Monitoring, therefore the Flow Monitoring Study is identified as an optional task and the budget for this work has been included in Contingency.

2. The cost for ADS Environmental to support the Optional Flow Monitoring Task is estimated to be $300K and it has been included in Contingency.

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

4. City staff will provide requested data (e.g., WWTP influent flows, precipitation, wetwell levels, and flows as available from the City’s SCADA historian).

5. City staff will update the City geographical information system based on Design Engineer as-built data and will be primary basis for system upgrades (completed and pending).

6. No CH2M resources are included assisting City in managing or accessing the hydraulic model on City servers.

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

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15 7
. A
n allowance for level of effort is included for some tasks as noted above on an as-needed basis.

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

8. T
hree travel trips are anticipated in support of the above tasks.

Task 03.06. Odor Control Support
CH2M odor control support will not be provided in Year 11.

Task 03.07. SCADA Support
SCADA work for Year 12 will focus on providing general as-needed support for the ongoing projects and existing facilities. SCADA tasks to be performed by CH2M will be coordinated with City’s Information Technology Department.

Specific CH2M tasks will include the following:

Continued SCADA as needed support: CH2M will provide an allowance of 120 hours technical support for SCADA, PLC, and IT related tasks to the WWTP I&C team.

D
eliverables
None are anticipated, but items may be defined as part of the technical support activities.

Assu
mptions

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

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

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

4. No scope or budget has been provided for SCADA and Network startup activities. If these services are requested or needed, CH2M will pursue a change with the City utilizing contingency.

5. Wastewater Treatment Plant Control System improvements. Provide a Technical Resource to support IT Systems improvements: [1] promote and improve automatic control operation of equipment at the plant, [2] enhance plant operation through wider situational awareness, and [3] increase operational efficiency.

Task 04. Procurement
CH2M procurement support will not be provided in Year 12. City will provide overall procurement management and City procurement support services to support the Program.

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

Program level CM services will include:
a. Program Construction Management: Provide Program Construction Management Lead (CML) to provide Program wide construction management leadership and management. Maintain and update the Construction Management Guidelines as necessary. Task includes participation in project level CM meetings to monitor CM performance and to support identification of potential program/project risks and to support resolution of major project issues. Provide change management oversight including participation in monthly change review meetings with the 3rd party CMs to review contractor proposals, review of the Change and Payment Summary (CPS), Contractor change proposal review, and CRF and Change Order review and facilitation/oversight. Provide Program level monthly construction schedule reviews for the projects where CH2M is not performing the CM services.
b. Construction Document Control and System Administration: Provide and maintain a Program wide document management system (Procore). Review and negotiate an annual Procore contract extension. Provide contract administration of this system throughout the duration of the Program and perform project setup, user administration, training, and auditing of appropriate application of Procore.
c. General Construction Administrative support: Provide general construction administration and office management for the Program. Manage and procure office supplies, PPE and other supplies as needed. Manage company fleet vehicles including leases, licensing and registration, and maintenance. Other activities include visitor management, meeting note preparation and distribution, general document management, shipping and distribution, coordination of office furniture and office equipment supply and management, coordination of IT services and maintenance, meeting room and office space coordination, and mail management and distribution.
d. Construction Management Reporting: Support the preparation, compilation and distribution of the project specific Change and Payment Summaries (CPS) for each active project. e. Labor Compliance Contract Management: This has been provided for under the WWTP and Basins 2 & 3 PM budgets (Task 3).

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17 f. Third-party CM Services Support: Communicate and train third party CMs regarding Program processes and tools.
g. Health and Safety Visits and Reporting: Compile and tabulate health and safety statistics for the entire Program, coordinating with each contractor/CM team as necessary. Prepare monthly summary reports in the form of a PowerPoint graphic that will be published to Program participants. Extract and compile the certified payroll hours reported through the Department of Industrial Relations (DIR) for all contractor and subcontractor hours worked. Compile all professional consulting service hours worked for incorporation into the total Program Safety Report metrics. Perform program wide quarterly HSE site visits to review and monitor contractor health and safety practices associated with active construction sites. Prepare brief summary report of these site visits summarizing positive performance as well as any corrective actions.
h. Contract Management: Provide a part-time contracts manager to provide support for all Program related Construction Contracts. Contracts Manager will assist the Program Project Managers and Construction Managers in administering the various active construction contracts. Contracts Manager will provide guidance and advise to the PMs/CMs regarding change issues, claims, and project closeout.

Deliverables

1. Updates as necessary to the Construction Management Guidelines.

2. Annual Procore Contract extension.

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

4. Direct Third-Party CM contract amendments.

5. Responsibility matrix for each CM services project.

6. Monthly Health and Safety Statistics Report Graphic.

7. Health and safety statistics report, monthly.

8. Quarterly health and safety site visit reports.

Assumptions

1. The Program Manager Advisor will double-hat as the Program CM Lead. The LOE and associated budget for the CML is covered in Task 1 for the PMA.

2. Two third-party CM subconsultants (Townsend Management Inc and Tanner Pacific) will have direct contracts to the City.

3. Smith Emery and Signet will have direct contracts to the City for Year 12.

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

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

Task 05.02/03. Site Construction Management
The CH2M CM team will perform CM services for the active construction projects defined below.

Whether services are provided by CH2M or a subconsultant, the following general activities will be provided, at a minimum for each project during the construction phase:

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18 • Weekly progress meetings and associated meeting reports • Perform review of Contractor baseline and monthly schedule updates • Actual vs. planned progress schedule management
• Review and respond to Time Impact Analysis (TIA)
• Coordination with Contractor, Program Manager, City, O&M and Design Engineer • Review of Contractor’s performance for contract compliance • Review Contractor submittals for compliance with contract documents and coordinate with Design Engineer for review and response
• Review Contractor Request for Information (RFI) and coordinate with Design Engineer or City PM/O&M for resolution and response
• Review Contractor monthly invoices and recommend payment requests. • Provide Contractor with acceptability or deficiencies in work and required actions for contract compliance.
• Review and coordinate system outage requests with Contractor and City O&M staff • Maintain project documents files and utilize document management in Procore Construction Management System
• Inspect and observe Contractor’s work.
• Maintain daily inspection reports.
• Review of material and equipment delivery
• Coordinate material testing and specialty inspections • Review of Contractor’s compliance with health and safety standards • Review contractor submitted site safety or property damage incidents and follow up with the Contractor as needed related to these submissions.
• Monthly monitoring of Contractor’s record/as-built documents in coordination with the Design Engineer as appropriate
• Review and evaluate potential change orders and coordinate with the Design Engineer for their detailed review of cost estimates/quotations.
• Coordinate weekly or as-needed meetings to review status and/or negotiate change requests submitted by the Contractor.
• Recommend course of action for contract change order requests o Participate in and present at Change Board meetings in support of change requests. o Prepare CRF forms.
• Prepare Contract Change Orders for City/Contractor signature and processing. • Maintain the CPS log for the project.
o Present log updates to the City during Change Board meetings monthly or as requested. • Inspection and evaluation of site conditions.
• Review, gather, and evaluate information for resolution of potential claims. • Site inspection to determine if facilities are complete and in compliance with contract documents.
• Coordinate with Design Engineer for site inspections to determine if facilities are complete and in compliance with the contract documents
• Develop punch lists in collaboration with the City O&M staff and the Design Engineer

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19 • Recommend retention release to Contractor if appropriate • Preparation of partial and substantial completion certificate • Verification of O&M Manual submittals and facilitation of transmittal of manuals to City O&M staff
• Coordination of final submittal and obtain/review complete record drawings from Contractor • Prepare and submit final construction report
• Review of Contractor’s relevant submittals for compliance with City SCADA Standards • Coordinate with City O&M staff for review of Contractor’s O&M, training, and SCADA-related submittals prior to providing Approval. Prepare and distribute any comments provided by the City O&M staff to the Contractor at their request
• Coordinate with the City O&M staff and the Contractor on MOP, detailed field startup, and SCADA workshop activities; assist the City O&M staff with gathering and distributing any information requested by the Contractor to support these activities • Participate in and lead meetings related to Plant Startup activities • Review of Design Change Notices and Design Clarifications prepared by the Design Engineer for compliance with the existing Contract Documents, City Standards, and discussions held in support of their development; Assist the Design Engineer with coordinating City O&M/PM review of these documents
• Assist the City with coordination of Construction-related installations by third-party agencies (i.e. Wave) as requested or in collaboration with the PM • Coordinate with the City’s third-party Building Inspector, Building Department submittal reviewer(s), and City Building Department representatives as needed in support of the Construction activities
• Witness startup activities (i.e. SCADA I/O checks) on behalf of City O&M staff • Coordinate with the Design Engineer’s RE and Startup staff in support of their activities on site Task 05.02 Wastewater Treatment Plant
CH2M will provide the above-described CM services for the following projects. a. WWTP Upgrade and Expansion Project: Period of performance to be November 1, 2025, toJuly 31, 2026. The LOE for the startup and commissioning phase which will occur during this above period of performance will be commensurate with the roles and responsibilities matrix (refer to Attachment 1 to this SOW) developed in concert with the City. In addition, the LOE is also commensurate with the CMAR contractor completing the plant seeding by December 2025. If the timing of the startup and commissioning extends beyond this date, additional LOE will be requested from contingency.
b. WWTP IAP 2 Project: Period of performance to be November 1, to February 29, 2026. If the timing of the startup and commissioning extends beyond this date, additional LOE will be requested from contingency.
c. DAPS: Period of performance to be November 1 through the end of December 2025. CH2M will provide the lead CM and Kennedy Jenks will provide inspection services as a direct subconsultant to CH2M.
d. UFES: Period of performance to be November 1 through May 2026. Kennedy Jenks will provide CM and inspection services as a direct Subconsultant to CH2M. Kennedy Jenks support will

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20 include closeout of the construction contracts as well as support the City in managing claims and other contract matters. Contingency for claims and legal support beyond Mayy 2025 has been included in contingency.
e. WWTP AMC Projects – the projects below are the anticipated projects in Year 12 and budget has been identified in the contingency in the event CH2M are to provide the CM services:
o 3 Water Pumping and Ferric Chloride: Construction Management, and Inspection services. Estimated start of construction services in April 2025. o
Task 06. Environmental and Permitting
CH2M will provide oversight of project permitting, and continue to provide CEQA support, and site compliance support for the Program.

Task 06.01. Environmental and Permitting Lead
CH2M will provide a lead to oversee environmental documentation, permitting activities, and agency coordination related to the Clean Water Program. In this role, the Environmental Functional Lead will perform the following tasks:
• Coordinate directly with project management, construction management, and various subcontractors to discuss and resolve environmental compliance issues for the program. • Provide technical support and oversight of permit conditions and updates (e.g., Construction General Permit SWPPPs).
• Coordinate environmental monitoring and surveys for the program, including biological.. • Oversee and review the draft and final All Permits Issued (API) packages. • Coordinate budget and scope management with Program Controls and Program Management for the Environmental and Permitting task.
• Quarterly review and progress reporting to meet the SRF environmental compliance reporting requirements for the WWTP Upgrade and Expansion Project.

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

The Permit Tracking Lead will work with individual Project Managers and their consultants to confirm and track the required permits, associated permit requirements, and timelines for renewal. All permits will be tracked in the Permit Tracking Tool on the Portal.

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

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

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

1. Update Permit Tracking Tool monthly.

2. Construction permit review and comments.

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

Assumptions

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

2. All permits will be obtained by project-specific consultants and provided to the Permit Tracking Lead and Environmental Lead. The consultant will serve as the agency point of contact with communications requiring approval of the Program.

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

4. Task 06.03. CEQA
CH2M will provide CEQA support up to 8 hours to support review and development of categorical exemptions, Site-Specific Environmental Checklists (SSEC), or other CEQA documentation for projects before entering construction phase.

Deliverables

1. CEQA review comments for the API process documentation.

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

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mptions

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

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

Task 06.04. Agency Coordination
CH2M agency coordination support will not be provided in Year 12. City will provide overall agency coordination to support the Program.

Task 06.05. Sustainability Support
CH2M sustainability support will not be provided in Year 12.

Task 06.06. Site Support
Task 06.06.01. Air Quality Support
CH2M air quality support will not be provided in Year 12. City will provide overall air quality support to the Program.

Task 06.06.02. Compliance Site Inspection
CH2M will provide support on an as-needed basis to City’s compliance staff for all Clean Water Program projects related to site permit items as well as the following as budget allows:
• Stormwater Pollution Prevention Plans (SWPPP): CH2M conducts site observations as needed to ensure BMPs are maintained and implemented at the WWTP site. Additionally, CH2M reviews contractor’s wet season SWPPP. Routine SWPPP site inspections are completed by a third party. • Nesting bird monitoring and surveys (Migratory Bird Treaty Act [MBTA]): CH2M Biologist will be available to provide monitoring and inspection services on an as-needed basis. •
Deliverables

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

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

Assumptions

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

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

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

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

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

6. Air quality technical support is not included in this base scope and budget. Should air quality support be required, CH2M will seek approval from the City for a scope and budget adjustment.

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

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

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

Public outreach activities will include:
a. Program-Level Support:
o Manage, maintain, and develop the Program website content quarterly, including project status updates and GIS related updates, and provide staff to manage and develop content.
o Develop semi-annual newsletter content covering multiple projects for publication to CWP mailing list in conjunction with website updates.
o Maintain CWP mailing list
o Monitor and record CWP hotline emails and phone calls b. WWTP Project-Specific Support:
o Coordinate and develop any remaining legally required notifications for project. o Develop semi-annual content for CWP newsletter.
o Maintain the public-facing website quarterly.
c. Collection System Project-Specific Support:
o Coordinate and develop any remaining legally required notifications for projects. o Develop and coordinate signage, door hangers, postcards, and other material for construction projects.
o Maintain mailing lists for East San Mateo Lift Station (Los Prados, Kehoe-Kelly, Arroyo) project.
o Maintain and implement project specific outreach matrix for East San Mateo Lift Station (Los Prados, Kehoe-Kelly, Arroyo) project.

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24 o Develop Semi-annual content for CWP newsletter.
o Maintain the public-facing website quarterly and provide adequate staffing to manage and develop content.

Deliverables

1. Content for, and implementation of, website updates.

2. Quarterly newsletters

3. Content for signage, mailers, door hangers and postcards.

Assumptions

1. City will support this task and the Program with available resources.

2. Support for community meetings or celebrations, including third party support/services and any expenses associated with these community meetings and celebrations, will be addressed by contingency.CH2M

3. WWTP related outreach assumes coverage for the following projects: WWTP U/E.

4. Collection outreach scope assumes coverage for the following projects: Basin D, East San Mateo (Los Prados, Kehoe-Kelly, Arroyo) Lift Station Package, Large Diameter & ECR, Basin A, and ongoing construction easement access notices for Basin C. If additional outreach is required for other projects, they will be addressed through use of contingency.

Contingency
CH2M can provide additional services under this scope of work through a contingency budget. Activities under contingency may include, but are not limited to:
• Additional outreach expenses and staffing.
• General project management beyond that budgeted and/or identified in the amendment. • Program controls related special requests or reporting above that defined in scope of work. • Participation or leadership of additional economic summits. • Technical expertise or support resources for Project Managers. • Additional hydraulic modeling support.
• Additional CEQA support, permit acquisition, and compliance site inspection for other City projects.
• Preparation of scope of works, RFPs or Task Order Amendments and related negotiations for future third party CM services for City direct hired consultants. • Additional construction management or inspection resources. • Cost estimating support for the construction phase services. • Additional SCADA support.
• Additional third-party construction management or materials testing requirements. • Bond and funding planning.
• Public Outreach Support for community meetings and celebration/ribbon cutting events, including third party expenses and on-the-ground support for the WWTP ribbon cutting ceremony and associated staff travel/lodging.
• SCADA system startup support for UFES and WWTP projects. This may include the following:

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25 o S
CADA support services during construction for active projects. o Review of submittals, respond to RFIs, and coordinate SCADA support for the various active projects, as well as technical and on-site support for the network monitoring contract.
o Update of SCADA Master Plan and existing standards based on the SCADA Merger Project.
• Miscellaneous flow monitoring data and analysis requests.

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

Deliverables

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

Assumptions

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

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26 Appendix A
Area Project Current Phase Project
Manager
Construction
Manager
WWTP SCA DA M erger Project Design Jacobs
WWTP GMP 3 - W W T P Upgrade and Expansion
Project Construction Ja c obs Ja c obs
WWTP WWTP IA P2 Project Post-Construction Ja c obs Ja c obs WWTP WWT P IA P3 Project Construction Ja c obs T anner Pacific WWTP W W T P A nnual M ajor Components
(A M C) Projects
WWTP Transfer Pump Project Construction Ja c ob s T anner Paci f i c WWTP 3 Water Pumping and Ferric Chloride 100% D esign (Sep 2025) Ja c ob s T anner Paci f i c WWTP Biogas Evaluation and Digester
Assessment Study Study (A pril 2026) Ja c obs
WWTP DAFT Corrosion Study / WAS Thickening
Study Study (Oct 2025) Ja c obs
WWTP Digester 2 Mixer Repair and Cable
Replacement Construction (Sep 2025) Ja c obs Ja c obs
WWTP MCC Replacement 90% D esign (N ov 2025) Ja c ob s T anner Paci f i c WWTP Centrifuge and Centrifuge Feed Pump
Replacement
A warded (D esign Start N ov
2025 to Nov 2026) Ja c obs
WWTP Digester 2 Coatings Construction (Sep 2025) Ja c ob s Ja c ob s WWTP Digester 2 Cleaning Complete (A pril 2025) Ja c ob s WWTP Digester 1 Improvements N ot started (M ay 2026) Ja c ob s WWTP DAFT Replacement Design N ot started (J an 2026) Ja c ob s WWTP Solids Handling I&C Improvements R F P/Scope D ev elopment ( TBD) Ja c obs
Collection
Sys te m
B asins 2 & 3 – Dale A venue Pump Station
(DA PS) Project Construction Ja c obs Ja c o b s / KJ
Collection
Sys te m
B asins 2 & 3 – Underground Flow
E qualization Sy stem (U F E S) Project Construction Ja c obs Ja c o b s / KJ Collection
Sys te m
B asins 2 & 3 – El Camino Real
North/South Construction Ja c obs T ownsend
M anagement

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Exhibit C - Cost Schedule - City of San Mateo
Program Management Services for Clean Water Program - Year 12 CH2M HILL
Labor Hours
CH2M HILL Direct
Wages
CH2M HILL Fringe
Benefits (.407)
CH2M HILL
Overhead (1.372)
CH2M HILL Profit
(.10)
CH2M HILL Labor
Cost Subconsultant Cost
Markup on all
Subconsultant
Costs
Total Cost Funding Source Program Project
Task 01. Program Management and Administration
Task 01 - Program Manager Advisor 1,360 176,397$ 71,793$ 242,016$ 49,021$ 539,227$ 539,227$ Program 539,227$ Expenses
CH2M HILL Expenses 20,400$ Program 20,400$
PMA Housing Allowance 24,000$ Program 24,000$
Task 01. Subtotal 1,360 $ 176,397 $ 71,793 $ 242,016 $ 49,021 $ 539,227 $ - $ - $ 583,627 $ 583,627 $ - Task 02. Program Controls
Task 02 - Program Controls Lead 800 77,751$ 31,644$ 106,674$ 21,607$ 237,676$ 237,676$ Program 237,676$ Task 02 - Economic Management 32 3,230$ 1,315$ 4,432$ 898$ 9,875$ 9,875$ Program 9,875$ Task 02 - Document Management 960 39,227$ 15,966$ 53,820$ 10,901$ 119,914$ 119,914$ Program 119,914$ Task 02 - State and Federal Funding Coordination 98 8,260$ 3,362$ 11,333$ 2,296$ 25,251$ 25,251$ Project 25,251$ Task 02. Subtotal 1,890 $ 128,468 $ 52,287 $ 176,259 $ 35,701 $ 392,715 $ - $ - $ 392,715 $ 367,464 $ 25,251 Task 03. Engineering and Project Management
Task 03 - Project Management - WWTP 3,192 250,735$ 102,049$ 344,008$ 69,679$ 766,471$ 766,471$ Project 766,471$ Task 03 - Project Management - Collection Systems 640 67,158$ 27,333$ 92,141$ 18,663$ 205,295$ 205,295$ Project 205,295$ Task 03 - Hydraulic Modeling 960 73,670$ 29,984$ 101,075$ 20,473$ 225,202$ 225,202$ Program 225,202$ Task 03 - SCADA Support 2,016 158,765$ 64,617$ 217,826$ 44,121$ 485,329$ 485,329$ Project 485,329$ Task 03. Subtotal 6,808 $ 550,328 $ 223,983 $ 755,050 $ 152,936 $ 1,682,297 $ - $ - $ 1,682,297 $ 225,202 $ 1,457,095 Task 05. Construction Management
Task 05 - Program Construction Management 704 28,157$ 11,460$ 38,632$ 7,825$ 86,074$ 86,074$ Program 86,074$ Task 05 - Site Construction Management - WWTP 8,432 684,064$ 278,414$ 938,536$ 190,102$ 2,091,117$ 2,091,117$ Project 2,091,117$ Task 05 - Site Construction Management - CS 0 -$ -$ -$ -$ -$ -$ Project -$ Expenses
Construction Management Expenses 158,900$ Program 158,900$ Procore 195,000$ Program 195,000$
Subcontractors
3rd Party CM - Kennedy/Jenks 57,290$ 2,865$ 60,155$ Project 60,155$ Task 05. Subtotal 9,136 $ 712,222 $ 289,874 $ 977,168 $ 197,926 $ 2,177,190 $ 57,290 $ 2,865 $ 2,591,245 $ 439,974 $ 2,151,271 Task 06. Environmental and Permitting
Task 06 - Environmental and Permitting Lead 128 5,295$ 2,155$ 7,264$ 1,471$ 16,186$ 16,186$ Program 16,186$ Task 06 - API Development Lead 144 5,273$ 2,146$ 7,234$ 1,465$ 16,118$ 16,118$ Program 16,118$ Task 06 - CEQA Lead 8 928$ 378$ 1,273$ 258$ 2,836$ 2,836$ Program 2,836$ Task 06 - Compliance Site Support 188 11,531$ 4,693$ 15,820$ 3,204$ 35,248$ 35,248$ Program 35,248$ Task 06. Subtotal 468 $ 23,026 $ 9,372 $ 31,592 $ 6,399 $ 70,388 $ - $ - $ 70,388 $ 70,388 $ - Task 07. Public Outreach
Task 07 - General Public Outreach Support 184 27,323$ 27,323$ Program 27,323$ Task 07 - WWTP Public Outreach Support 16 2,914$ 2,914$ Project 2,914$ Task 07 - Collection Systems Public Outreach Support 656 111,019$ 111,019$ Project 111,019$ Task 07. Subtotal 856 $ - $ - $ - $ - $ 141,255 $ - $ - $ 141,255 $ 27,323 $ 113,933 Total 20,518 1,590,440$ 647,309$ 2,182,084$ 441,983$ 5,003,073$ 57,290$ 2,865$ 5,461,527$ 1,713,978$ 3,747,550$ Contingency 2,424,500$ Program/Projects
Total with Contingency 7,886,027$ 1,713,978$ 3,747,550$ Original Budget

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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: 12 Section Name: NEW BUSINESS Account Number: 26-3125 File ID: 25-10284 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: October 20, 2025
SUBJECT:
2025 Triennial Building Code Update — Ordinance Introduction RECOMMENDATION:

Adopt a Resolution to set forth express findings that amendments to the 2025 Building Standards Codes are reasonably necessary based on local climatic, topographical, or geological conditions; and, introduce an Ordinance to amend San Mateo Municipal Code Chapter 23 “Buildings and Construction” to adopt the 2025 Building Standards Code by reference with local amendments; amend various sections of San Mateo Municipal Code Title 23 “Buildings and Construction”; update procedural language and revise miscellaneous sections; add Chapter 23.29 “Wildland-Urban Interface Code”.

BACKGROUND:

Every three years, the CBSC (California Building Standards Commission) adopts and amends the California Building Standards Code (CBSC or State Code). The State Code includes model Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical, Fire, Existing Building, Green Building, and Reference Standards Codes. For this code cycle, the CBSC created a new Wildland-Urban Interface (WUI) Code, which addresses the growing risk of wildfire in areas where urban development meets or intermingles with wildland vegetation. The 2025 State Code becomes effective statewide on January 1, 2026, as published, unless local jurisdictions adopt more stringent amendments in accordance with State law. Accordingly, the proposed Ordinance would amend Title 23 of the San Mateo Municipal Code, Building and Construction, to incorporate the current version of the State Code by reference with few local amendments. The last local Code Update was in 2022 and took effect on January 1, 2023. This update under consideration does not contain any additional REACH Code amendments to the Model Green or Energy Codes, which will be the subject of a future City Council meeting.

The proposed Ordinance also includes updates to Chapter 23.44 “Electric Vehicle Charging Stations” and Chapter 23.46 “Small Residential Rooftop Solar Energy Systems” to update the San Mateo Municipal Code with current state laws relating to the administration of these permit applications.

In addition, California Assembly Bill 130 (AB 130) restricts cities and counties from adopting local amendments to the California Building Standards Code applicable to residential units until June 1, 2031, with certain exceptions. These proposed local amendments are within the exceptions provided in AB 130 and California Health and Safety Code Sections 17958.5, and 17958.7. Specifically, these proposed local amendments are excepted from AB 130 because they are:
1) Substantially equivalent to changes or modifications previously filed by the City and were in effect prior to September 30, 2025;
2) Necessary as emergency standards that protect health and safety; or 3) Are modifications that relate to home hardening.

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DISCUSSION:

The Triennial Building Code adoption is like most code adoption years, as this Building Code update is essentially an amendment to reflect the most current version of the model codes, continuation of amendments adopted during previous code adoption cycles, and corrections to specific code sections. During the previous update adopted in 2022, more extensive amendments in addition to adopting the latest version of the model codes were proposed. City Council adopted these amendments to accomplish the following:
• Eliminate redundant provisions, i.e. text that essentially tracks the model codes. • Correct improper references to the model codes.
• Incorporate additional model codes that were not included in previous Building Code updates, either due to staff oversight or because those codes had not been formally adopted by the Building Standards Commission. • Incorporate by reference the Fire Code as adopted by the San Mateo Consolidated Fire District.

In addition to the required State Codes and amendments, the State also provides Model Codes that are optional and may or may not be adopted by local jurisdictions in the form of Appendices, which are recommended for adoption. A summary of the proposed local amendments to the 2025 State Code and optional Appendices are as follows:

Residential Code Amendment(s):

California Residential Code (CRC) Chapter 6 (Wall Construction) Section R602 Table R602.10.3(3) and Section R602.10.4.5 are amended to provide greater seismic design requirements by disallowing the use of poorly performing plaster, gypsum, and particle board products as bracing methods. This amendment is a continuation of an amendment adopted during the previous code adoption cycle. This amendment is also consistent with the design limitations for similar shear walls found in Table 2308.6.1 of the 2022 California Building Code.

Residential Code Appendices:

Appendix BF – Patio Covers relaxes certain provisions related to Patio Covers intended for recreational use regarding screening, glazing, light, ventilation, egress, footings, and structural design. This appendix helps streamline and expedite processing of recreational project permits not exceeding 12’ in height.

Appendix BG – Sound Transmissions relates directly to the psychological and long-term physical well-being of building occupants by mitigating the sound transmission from other spaces and between dwelling units. Adopting this appendix aligns the Residential Code with the provisions of the Building Code.

Appendix CI – Swimming Pool Safety Act reflects and aligns the Residential Code with the provisions found in CA Health and Safety Code Sections 115920 through 115929 and Building Code Section 3109. This appendix provides enhanced safety measures for swimming pools and spas in residential settings.

Building Code Amendments:

California Building Code (CBC) Chapter 15 (Roof Assemblies) Section 1505.1 is amended to provide greater fire resistance of roof coverings (minimum Class “B”) and by disallowing the lower “Class C” roof covering in all construction types. This amendment is a continuation of an amendment adopted during the previous code adoption cycles.

CBC Chapter 17 (Special Inspections) Section 1705.3 is amended to enhance regional consistency in the application and enforcement of the Building Code regarding the requirement of special inspections for isolated spread footings. This amendment is a continuation of an amendment adopted during the previous code adoption cycle.

CBC Chapter 23 (Wood) Section 2308 Table 2308.6.1 is amended to provide greater seismic design requirements by disallowing the use of poorly performing plaster, gypsum, and particle board products as bracing methods. This amendment is a continuation of an amendment adopted during the previous code adoption cycle.

CBC Section 3109 (Swimming Pools, Spas, and Hot Tubs) is adopted and includes amendments adopted during the previous code adoption cycle.

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CBC Section 3110 (Automatic Vehicular Gates) is adopted and amended to provide additional safety measures that reduce the risk of death or injury that may result from gates detaching from supporting hardware.

Building Code Appendix:

Appendix G (Flood Resistant Construction) is needed to ensure local compliance with Federal Emergency Management Agency (FEMA) requirements concerning construction in flood plains. The City’s Public Works Department completed the North Shoreview Levee and Pump Station Improvement Project, by raising the City’s levee and thereby removing most properties within the City’s North Shoreview and North Central neighborhoods from the flood plain. The City is required to ensure proper flood protection for the small number of properties that remain within a flood zone.

Appendix G requires construction features such as raised floors and drainage vents that would accomplish this.

Wildland-Urban Interface Code:

The newly created Wildland-Urban Interface (WUI) Code addresses the growing risk of wildfire in areas where urban development meets or intermingles with wildland vegetation. Its purpose is to establish consistent construction and defensible space standards that enhance community resilience and reduce wildfire loss.

The new California WUI Code consolidates provisions that were previously scattered across multiple codes, including:
California Residential Code (CRC): Requirements for ignition-resistant construction, such as roofing, exterior walls, and vents.
California Building Code (CBC): Structural fire safety, materials testing, and performance-based design criteria. California Fire Code (CFC): Operational standards for defensible space, access, water supply, and vegetation management.

By assembling these elements into a single, dedicated Part 7 of Title 24, the State created a streamlined and comprehensive framework. This makes it easier for jurisdictions, builders, and property owners to understand and apply the requirements, while also ensuring alignment with fire science and best practices identified through Cal Fire, the Office of the State Fire Marshal, and national model codes.

The WUI is adopted, and amended from time to time, by the San Mateo Consolidated Fire Department, and is adopted as the rules, regulations, and standards of the City.

To adopt local amendments to the 2025 Building Standards Code, California Health and Safety Code Sections 17922, 17958, 17958.5, 17958.7, and 18941.5, the City is required to make express findings that the local amendments are reasonably necessary based on local climatic, geological, or topographical conditions. These express findings are located in a proposed resolution (Attachment 1) and are required to be adopted concurrently with the proposed ordinance.

BUDGET IMPACT:

The processing of this ordinance and associated staff training are fully funded in the Community Development Department’s annual operating budget, utilizing the Construction Services Fund (Fund 230), and does not impact the City’s General Fund.

ENVIRONMENTAL DETERMINATION:

This introduction of an ordinance adopting by reference the 2025 Building Standard Codes with local amendments 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, including the publishing of a public notice in a newspaper of general circulation once per week for two successive weeks in advance of the public meeting in accordance with Government Code Section 6066.

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ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Proposed Ordinance
Att 3 – Proposed Ordinance (Track Changes)

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

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RESOLUTION NO. ____ (2025)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MATEO CALIFORNIA, SETTING FORTH EXPRESS FINDINGS FOR REQUIRED AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE RELATIVE TO LOCAL CLIMATIC, TOPOGRAPHICAL, AND GEOLOGICAL CONDITIONS.

WHEREAS, California Health and Safety Code Sections 17985.5 and 18941.5(b) permit the City to make changes or modifications to the requirements contained in the provisions of the 2025 California Building Standards Code and other regulations adopted pursuant to California Health and Safety Code Section 17922, when it determines, pursuant to the provisions of California Health and Safety Code Section 17958.7, that such modifications are reasonably necessary because of local climatic, geological, and topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 require that the City Council, before making any modifications or changes to the 2025 California Building Standards Code pursuant to California Health and Safety Code Section 17985.5, make express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the Building Division of the San Mateo Community Development Department recommends that the 2025 California Building Standards Code, as set forth in an ordinance adopted concurrently with this resolution, be adopted by the City with certain changes or modifications to (i) the 2025 California Building Code, (ii) the 2025 California Plumbing Code, and (iii) the 2025 California Residential Code, which are reasonably necessary because of local climatic, geological or topographical conditions and to safeguard life and property within the City of San Mateo; and
WHEREAS, these proposed local modifications are consistent with Assembly Bill 130, in that they are substantially equivalent to previous modifications in effect as of September 30, 2025, necessary as emergency standards to protect health and safety, or relate to home hardening.

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

1. Introduction of an Ordinance adopting by reference the 2025 Building Standards Codes with local amendments is not a project subject to CEQA review, because it is an organizational or administrative activity which will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).)

2. The changes or modifications to the 2025 California Building Standards Codes, as set forth in Title 23 of the City of San Mateo Municipal Code, and as recommended by the Building Division of the Community Development Department, are found to be reasonably necessary based upon the following local climatic, geologic, or topographic conditions:

A. Climatic Conditions
The City of San Mateo is located in a Mediterranean type climate with warm, dry summers and mild, damp winters. The region is experiencing its fourth consecutive dry year and is considered in an extended severe drought. These severe drought conditions lead to extended fire seasons with high burn intensity and add a significant amount of dry fuel to the heavily wooded hilly areas in the

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1 2
4 2
8 Laurelwood, Sugarloaf, and Baywood neighborhoods. The city is generally shielded from the Pacific Ocean by Montara and Santa Cruz Mountains, but two gaps in the mountains can channel ocean weather, resulting in gusty afternoon winds. These winds, which can cause small fires to spread quickly, are a contributing factor to a higher fire danger in the City. Therefore, this condition creates the need for an increased level of fire protection.

The City of San Mateo being located in a Mediterranean type climate along with the severe drought conditions predisposes all fuels to rapid ignition and spread of fire. Therefore, there exists a need for an increased level of fire protection.

B. Geological Conditions
The City of San Mateo is located in a highly active seismic area. There are two major fault lines in the greater bay area. The San Andreas Fault runs through San Mateo County and the Hayward Fault runs north south in the east bay less than 20 miles away. Experts have predicted both fault lines are severely overdue for a major earthquake affecting the entire Bay Area region and a major earthquake will occur within the next 30 years. Such an event will have a negative impact on response capability and access by emergency responders due to potential damage to buildings, roadways, bridges, pipelines, and other infrastructure. Seismic hazards have the potential to produce substantial structure damage or structural failure, multiple major fires and additional fire dangers, as well as place a severe strain on the availability of police, firefighting and rescue resources. Therefore, this condition creates the need for enhanced structural safety, enhanced fire protection and life safety systems, and other measures that allow for buildings to better withstand damage and provide for better opportunities for self-preservation by building occupants.

C. Topographical Conditions
The City of San Mateo has over 12 square miles of land area which has highly varied terrain including bayfront beaches, creeks, streams, canyons, hillsides, mixed oak woodlands, and floodplains. These varied topographical conditions are contained within an irregular jurisdictional boundary.

Additionally, traffic and congestion presently exist in many areas of the City. The combination of these characteristics can contribute to delays in response times by critical emergency services. This condition will be exacerbated by any major disaster. Therefore, this condition creates the need for enhanced structural safety, enhanced fire protection and life safety systems, and other measures that allow for buildings to better withstand damage and provide for better opportunities for self- preservation by building occupants.

3. The amendments to the technical provisions of the 2025 California Building Standards Code are found reasonably necessary based upon the climatic, geologic, and/or topographic conditions cited in Section 2, above and are listed as follows:

Residential Code Section(s) Local Condition
CRC R602 Table R602.10.3(3) and R602.10.4.5 A, B, C
Building Code Section(s)
CBC 1505.1 A, C
CBC 1705.3 A, B, C
CBC 2308, Table 2308.10.1 A, B, C

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1 2
4 2
8 CBC 3109, 3109.1.1, 3109.3 A, B, C
CBC 3110, 3110.1, 3110.1.1 A, B, C
Plumbing Code
CPC 719, 719.1.1 B, C
EXPRESS FINDINGS IN SECTION 2
Additional amendments, modifications and or deletions have been made to the 2025 California Buildings Standards Code. On the recommendation of the Building Division of the Community Development Department, such amendments, deletions, or modifications are hereby found to be either procedural or administrative in nature and therefore are exempt from the express finding requirements of California Health and Safety Code Sections 17958.7 and 18941.5.

4. The Building Division of the Community Development Department shall file copies of this resolution and the associated City Ordinance for Adoption of the 2025 California Building Standards Code with the State Building Standards Commission and the State Department of Housing and Community Development as prescribed in state law.

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CITY OF SAN MATEO

DRAFT ORDINANCE
An Ordinance Adopting By Reference the 2025 Building Standards Codes with Local Amendments and Amending Chapter 23.06 “Administrative Code,” Chapter 23.07 “Residential Code,” Chapter 23.08 “Building Code,” Chapter

23.09 “Existing Building Code,” Chapter 23.12 “Electrical Code,” Chapter 23.16 “Plumbing Code,” Chapter 23.20 “Mechanical Code,” Chapter 23.24 “Energy Code,” Chapter 23.36 “Historical Building Code,” Chapter 23.38 “Referenced Standards Code,” Chapter 23.44 “Electrical Vehicle Charging Stations,” Chapter 23.46 “Small Residential Rooftop Solar Energy Systems,” and Chapter 23.70 “Green Building Standards Code” of Title 23 “Buildings and Construction”; and Adopting by Reference the 2025 “Wildland-Urban Interface Code” by adding Chapter 23.29 to Title 23 “Buildings and Construction” of the San Mateo Municipal Code WHEREAS, the California Building Standards Code are published every three years by the California Building Standards Commission; and
WHEREAS, the California Building Standards Commission has published the 2025 California Building Standards Codes by amending Title 24 of the California Code of Regulations, effective January 1, 2026; and WHEREAS, cities may establish more restrictive building standards than those in the California Building Standards Codes, if certain findings are made pertaining to local climactic, geological, or topographical conditions; and
WHEREAS, the City Council of the City of San Mateo has concurrently adopted a resolution of local findings supporting modifications to the technical provisions of the California Residential Code, 2025 Edition; California Building Code, 2025 Edition; and California Plumbing Code, 2025 Edition based on local climatic, geological, or topographical conditions; and
WHEREAS, Assembly Bill 130 (2025) restricts cities and counties from adopting local amendments to the California Building Standards Code applicable to residential units until June 1, 2031, with certain exceptions; and WHEREAS, the proposed local amendments provided herein are within the exceptions contained in AB 130 because: they are substantially equivalent to changes or modifications previously filed by the City and were in effect prior to September 30, 2025; necessary as emergency standards that protect health and safety; or modifications that relate to home hardening.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 23.06.010 of the San Mateo Municipal Code is amended as follows:

23.06.010 Adoption.
(a) The 2025 California Administrative Code, California Code of Regulations, Title 24, Part 1, as adopted and amended by the State of California, hereinafter called "Administrative Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Administrative Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports

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to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
(c) A copy of the Administrative Code shall at all times be kept on file in the office of the City Clerk.

Section 2. Section 23.06.011 of the San Mateo Municipal Code is deleted.

Section 3. Section 23.06.012 of the San Mateo Municipal Code is deleted.

Section 4. Section 23.06.014 of the San Mateo Municipal Code is deleted.

Section 5. Section 23.06.015 of the San Mateo Municipal Code is deleted.

Section 6. Section 23.06.016 of the San Mateo Municipal Code is deleted.

Section 7. Section 23.06.020 of the San Mateo Municipal Code is deleted.

Section 8. Section 23.06.021 of the San Mateo Municipal Code is deleted.

Section 9. Section 23.06.030 of the San Mateo Municipal Code is deleted.

Section 10. Section 23.06.040 of the San Mateo Municipal Code is deleted.

Section 11. Section 23.06.050 of the San Mateo Municipal Code is deleted.

Section 12. Section 23.06.070 of the San Mateo Municipal Code is deleted.

Section 13. Section 23.06.080 of the San Mateo Municipal Code is deleted.

Section 14. Section 23.06.090 of the San Mateo Municipal Code is deleted.

Section 15. Section 23.06.110 of the San Mateo Municipal Code is deleted.

Section 16. Section 23.06.130 of the San Mateo Municipal Code is deleted.

Section 17. Section 23.06.140 of the San Mateo Municipal Code is deleted.

Section 18. Section 23.06.150 of the San Mateo Municipal Code is deleted.

Section 19. Section 23.06.160 of the San Mateo Municipal Code is deleted.

Section 20. Section 23.06.170 of the San Mateo Municipal Code is deleted.

Section 21. Section 23.07.010 of the San Mateo Municipal Code is amended as follows:

23.07.010 Adoption.
(a) The 2025 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and Appendices BF—Patio Covers, BG—Sound Transmission, and CI—Swimming Pool Safety Act, as adopted and

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amended by the State of California, hereinafter called "Residential Code," are adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Residential Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it. (c) A copy of the Residential Code shall at all times be kept on file in the office of the City Clerk.

Section 22. Section 23.07.020 of the San Mateo Municipal Code is deleted.

Section 23. Section 23.07.030 of the San Mateo Municipal Code is deleted.

Section 24. Section 23.07.040 of the San Mateo Municipal Code is deleted.

Section 25. Section 23.07.060 of the San Mateo Municipal Code is deleted.

Section 26. Section 23.07.070 of the San Mateo Municipal Code is deleted.

Section 27. Section 23.07.080 of the San Mateo Municipal Code is deleted.

Section 28. Section 23.07.110 of the San Mateo Municipal Code is amended as follows:

23.07.110 Table R602.10.3(3) And Section R602.10.4.5 Prohibit The Use Of Gypsum Board And Limit The Use Of Portland Cement Plaster As Prescriptive Wall Bracing Materials In Seismic Design Categories D0, D1 And D2 Amended.
(a) Chapter 6 (Wall Construction) Table R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) is amended as follows:
(1) The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3) Bracing Requirements Based on Seismic Design Category (2) Footnotes "i" and "j" are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.
(b) Add a new subsection R602.10.4.5, to read:

R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this section to be placed on the opposite side of the studs from other types of braced wall panel

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sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single- family dwellings and accessory structures.

Section 29. Section 23.08.010 of the San Mateo Municipal Code is amended as follows:

23.08.010 Adoption.
(a) The 2025 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2 and Appendix G—Flood Resistant Construction, as adopted and amended by the State of California, hereinafter called "Building Code," are adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) No section of the Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it. (c) A copy of the Building Code shall at all times be kept on file in the office of the City Clerk.

Section 30. Section 23.08.020 of the San Mateo Municipal Code is deleted.

Section 31. Section 23.08.030 of the San Mateo Municipal Code is deleted.

Section 32. Section 23.08.040 of the San Mateo Municipal Code is deleted.

Section 33. Section 23.08.045 of the San Mateo Municipal Code is deleted.

Section 34. Section 23.08.090 of the San Mateo Municipal Code is deleted.

Section 35. Section 23.08.100 of the San Mateo Municipal Code is amended as follows:

23.08.100 1505.1 - Roofing Requirements Amended.

Fire classification of roof assemblies shall be in accordance with Section 1505. The minimum fire classification of roof assemblies installed on buildings shall comply with Table 1505.1, as amended, and based on the type of construction of the building. Class A, B, and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire-retardant-treated woodroof coverings shall be tested in accordance with ASTM D2898; fire-retardant-treated shingles and shakes shall comply with Section 1505.6
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.

TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B

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Section 36. Section 23.08.130 of the San Mateo Municipal Code is deleted.

Section 37. Section 23.08.140 of the San Mateo Municipal Code is amended as follows:

23.08.140 Section 2308 Table 2308.10.1 – Wall Bracing Requirements. (a) Table 2308.10.1 Wall Bracing Requirements of CBC Chapter 23 (Wood) is amended as follows:

1. The title of Table 2308.10.1 is amended to read:

TABLE 2308.10.1 – Wall Bracing Requirementsa

2. Footnotes "f" and "g" are added to Table 2308.10.1, to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E. g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.

Section 38. Section 23.08.160 of the San Mateo Municipal Code is deleted.

Section 39. Section 23.08.170 of the San Mateo Municipal Code is amended as follows:

23.08.170 Section 3109.3 Pool Equipment Enclosure Added.

Section 3109.3 is added as follows:

Pool Equipment Enclosure. Pumps and other swimming pool equipment which produce sound above the level of 35 dba shall not be located within twenty-five feet of any neighboring property unless such equipment is enclosed in an enclosure that will reduce the sound at the property line to a level of 35 dba or less.

Swimming pool heaters need not be enclosed in a pool equipment enclosure.

Section 40. Section 23.08.175 of the San Mateo Municipal Code is added to Chapter 23.08 as follows:

23.08.175 Section 3110 - Automatic Vehicular Gates.

Section 3110.1 General is amended by adding Section 3110.1.1 Gate Safety as follows:
3110.1.1 Gate Safety.

Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and 3110.3 and all other applicable sections of this code. All gates are to comply with 3110.1.1 Gate Safety.

Purpose. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from gates detaching from supporting hardware or gates not being well maintained and inspected. The city finds it necessary to require gates to be inspected periodically by a professional and record keeping to ensure the basic life safety of its residents.

Definitions. For the purposes of this chapter, the following definitions shall apply:

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1. “Building official” means the building official, an authorized deputy, designated building inspector or other designated employee of the city charged with enforcement and administration of this chapter.

2. “Owner” means any person, co-partnership, association, corporation or fiduciary, or their authorized agent(s) having legal or equitable title or any interest in any real property.

3. “Professional” means any licensed fence installer, ICC certified building inspector, licensed architect, or licensed engineer responsible for inspecting and providing a written certification.

4. “Written certification” means a document attesting the gate meets all of the requirements of the referenced standards, the gate has been maintained and in good working order. In addition, the document shall clearly include the following:
a. Inspection date.
b. Site address.
c. Name of the property owner.
d. Contact information of inspector.
e. Signed and/or stamped.

Scope. The provisions of this chapter shall apply to all vehicular gates and any gate more than 48 inches (1219 mm) in width or more than 84 inches (2134 mm) in height.

General requirements. Gates shall meet the requirements of ASTM F1184; shall be installed per manufacturer’s recommendations; and, at a minimum shall be designed, constructed, and installed to not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware. Gates with operators or similar systems shall also meet the requirements of UL 325 and ASTM F2200.

Duty of owner or agent. Property owners, and their agents, shall keep gates well maintained and have gates inspected by a professional once every five years. Property owners and agents must keep the written certifications and make them available to City officials upon request. Any gate repair work undertaken must result in a safe outcome.

Time Limits for Compliance. Property owners are responsible for adhering to this standard in the interest of public safety. Owners of existing gates shall comply with the provisions of this chapter and obtain third-party inspections of their gates no later than July 1, 2026, and at least once every five years thereafter. These inspections are intended to ensure ongoing safety and proper maintenance.

Violations Penalties. Any property owner or their agent that fails to comply with the provision of this chapter or a directive of the building official may be subject to enforcement and penalties as provided by Title 1 of the San Mateo Municipal Code, and all additional remedies provided by law.

Section 41. Section 23.09.010 of the San Mateo Municipal Code is amended as follows:

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23.09.010 Adoption.
(a) The 2025 California Existing Building Code, California Code of Regulations, Title 24, Part 10, as adopted and amended by the State of California, hereinafter called "Existing Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) No section of the Existing Building Code shall imply a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section or not to enforce it.
(c) A copy of the Existing Building Code shall at all times be kept on file in the office of the City Clerk.

Section 42. Section 23.12.010 of the San Mateo Municipal Code is amended as follows:

23.12.010 Adoption.
(a) The 2025 California Electrical Code, California Code of Regulations, Title 24, Part 3, as adopted and amended by the State of California, hereinafter called "Electrical Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Electrical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission thereof with discretion to enforce the section, or not to enforce it.
(c) A copy of the California Electrical Code shall at all times be kept on file in the office of the City Clerk.

Section 43. Section 23.16.010 of the San Mateo Municipal Code is amended as follows:

23.16.010 Adoption.
(a) The 2025 California Plumbing Code, California Code of Regulations, Title 24, Part 5, as adopted and amended by the State of California, hereinafter called "Plumbing Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Plumbing Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it. (c) One copy of the Plumbing Code shall at all times be kept on file in the office of the City Clerk.

Section 44. Section 23.16.020 of the San Mateo Municipal Code is amended as follows:

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23.16.020 Section 719.0 Cleanouts.

Section 719.1 Locations is amended by adding Section 719.1.1 as follows:
719.1.1 Additional Locations.

Cleanouts shall be installed adjacent to the property line where the private sewer system connects to the public sanitary sewer lateral and in conformance with the California Plumbing Code. All such line cleanouts shall be extended to grade with materials and according to specifications approved by the Director of Public Works, or designee, and terminate within a concrete box.

Section 45. Section 23.20.010 of the San Mateo Municipal Code is amended as follows:

23.20.010 Adoption.
(a) The 2025 California Mechanical Code, California Code of Regulations, Title 24, Part 4, as adopted and amended by the State of California, hereinafter called "Mechanical Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Mechanical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section or not enforce it.
(c) A copy of the Mechanical Code shall at all times be kept on file in the office of the City Clerk.

Section 46. Section 23.24.010 of the San Mateo Municipal Code is amended as follows:

23.24.010 Adoption.
(a) The California Energy Code, 2025 Edition, Title 24, Part 6 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Energy Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Mechanical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section or not enforce it.
(c) One copy of the Energy Code shall at all times be kept on file in the office of the City Clerk.

Section 47. Section 23.24.020 of the San Mateo Municipal Code is deleted.

Section 48. Section 23.24.030 of the San Mateo Municipal Code is deleted.

Section 49. Section 23.24.040 of the San Mateo Municipal Code is deleted.

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Section 50. Section 23.24.050 of the San Mateo Municipal Code is deleted.

Section 51. Section 23.24.060 of the San Mateo Municipal Code is deleted.

Section 52. Section 23.24.070 of the San Mateo Municipal Code is deleted.

Section 53. Section 23.24.080 of the San Mateo Municipal Code is deleted.

Section 54. Chapter 23.29 of the San Mateo Municipal Code is added to Title 23 as follows:

Chapter 23.29
Wildland-Urban Interface Code

23.29.010 Adoption.
(a) The California Wildland-Urban Interface Code adopted by the San Mateo Consolidated Fire Department, and as amended from time to time, hereinafter called "WUI Code," is adopted as the rules, regulations, and standards within the City as to all matters therein, except otherwise provided. (b) No section of the WUI Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.
(c) A copy of the WUI Code, as defined herein, shall be kept on file in the office of the City Clerk.

23.29.015 Violations.

It is unlawful to violate or fail to comply with any provisions of this code, or violate or fail to comply with any order made under this code or to build in violation of any detailed statement of specification or plans submitted and approved under this code, or any certificate or permit issued under this code.

Section 55. Section 23.36.010 of the San Mateo Municipal Code is amended as follows:

23.36.010 Adoption.
(a) The 2025 California Historical Building Code, California Code of Regulations, Title 24, Part 8, as adopted and amended by the State of California, hereinafter called "Historical Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) No section of the Historical Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.

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(c) A copy of the Historical Building Code shall at all times be kept on file in the office of the City Clerk.

Section 56. Section 23.38.010 of the San Mateo Municipal Code is amended as follows:

23.38.010 Adoption.
(a) The 2025 California Referenced Standards Code, California Code of Regulations, Title 24, Part 12, as adopted and amended by the State of California, hereinafter called "Referenced Standards Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) No section of the California Referenced Standards Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
(c) A copy of the California Referenced Standards Code shall at all times be kept on file in the office of the City Clerk.

Section 57. Section 23.44.010 of the San Mateo Municipal Code is added to Chapter 23.44 as follows:

23.44.010 Purpose and Intent.

The purpose of this chapter is to provide an expedited, streamlined permitting process for electric vehicle charging stations that complies with Government Code Sections 65850.7 and 65850.71, as enacted by Assembly Bill 1236 (2015) and Assembly Bill 970 (2021). The intent of this chapter is to encourage and promote the use of electric vehicle charging infrastructure by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install charging stations while protecting the public health and safety.

This chapter is designed to:
(a) Meet California’s goals to expand zero-emission vehicle adoption and greenhouse gas reduction. (b) Provide timely and cost-effective installation of electric vehicle charging stations through an administrative, nondiscretionary permitting process.
(c) Ensure that permit review is limited to objective health and safety standards and that applications are processed consistent with statutory timelines.
(d) Require the development and public availability of a checklist and standards for expedited review, consistent with state guidance.
(e) Clarify that charging station permits shall not be denied absent a specific, adverse impact on public health or safety, supported by substantial evidence in the record.

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(f) Adjust minimum parking requirements when installation of charging stations reduces the number of available parking spaces, in accordance with state law.

Section 58. Section 23.44.020 of the San Mateo Municipal Code is amended as follows:

23.44.020 Definitions.
(a) "Electric vehicle charging station(s)" or "charging station(s)" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as it reads on the effective date of the ordinance codified in this chapter or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(b) "Electronic submittal" means the use email, the internet, or facsimile to submit a permit application required by this chapter.
(c) "Feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. (d) "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(e) “Application completeness review” means the process of determining whether a permit application for an electric vehicle charging station includes all documents and information required by the City’s published checklist.
(f) “Deemed complete” means that if the City does not notify the applicant of deficiencies within the statutory timelines established in Government Code Section 65850.71, the application shall be deemed complete.
(g) “Deemed approved” means that if the City does not approve or deny the application within the statutory timelines established in Government Code Section 65850.71, the application shall be deemed approved.

Section 59. Section 23.44.030 of the San Mateo Municipal Code is amended as follows:

23.44.030 Applicability.

This chapter applies to the permitting of all levels of electric vehicle charging stations, including Level 1, Level 2, and direct current fast charging (DCFC) stations, in the City of San Mateo. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.

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Section 60. Section 23.44.050 of the San Mateo Municipal Code is amended as follows:

23.44.050 Submittal Process.
(a) All documents required for the submission of an electric vehicle charging station permit application shall be made available on the City's website and updated as necessary. (b) Electronic submittal of the required permit application and documents shall be accepted. The City shall accept electronic signature on all forms, applications, and other documents in lieu of a wet signature. (c) The City's Building Division shall adopt and publish a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The permit process, standard(s) and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research.
(d) The checklist shall be published on the City’s website and shall be the basis for completeness determinations.

Section 61. Section 23.44.060 of the San Mateo Municipal Code is amended as follows:

23.44.060 Submittal Review, Permit, And Inspection.
(a) Timelines
(1) For applications for one to twenty-five (1–25) charging stations at a single site, the City shall notify the applicant of any incompleteness within five (5) business days. If no such notice is provided, the application shall be deemed complete. Upon completeness, the City shall approve or deny the application within twenty (20) business days, or the application shall be deemed approved. (2) For applications for twenty-six (26) or more charging stations, the City shall notify the applicant of any incompleteness within ten (10) business days. If no such notice is provided, the application shall be deemed complete. Upon completeness, the City shall approve or deny the application within forty (40) business days, or the application shall be deemed approved. (b) Administrative review. The Building Official shall implement an administrative review process to expedite review of charging station applications. Review shall be limited to compliance with health and safety standards and the published checklist. The determination of conformance shall be made by the Community Development Director or designated staff members of the Community Development Department. (c) Approval. If the application meets the requirements of the checklist and there is no specific, adverse impact on public health or safety, the Building Division shall issue the building permit through a nondiscretionary, ministerial process.

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(d) Denial. The Building Official may deny an application only upon making written findings, based on substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to mitigate or avoid the impact. (e) Parking adjustments. If installation of the charging station and associated equipment reduces the number of available parking spaces below the minimum required by the City’s Zoning Code for existing uses, the number of required parking spaces shall be reduced by the number of spaces occupied by the charging station equipment, in compliance with Government Code Section 65850.71. (f) Appeals. The building official's decision to approve or deny an application under this Chapter may be appealed to the Planning Commission.
(g) Inspections. A separate fire inspection may be performed by the San Mateo Consolidated Fire Department, if required.

Section 62. Section 23.46.010 of the San Mateo Municipal Code is amended as follows:

23.46.010 Purpose And Intent.

The purpose of this chapter is to provide an expedited, streamlined solar energy system permitting process consistent with the Solar Rights Act and Solar Permitting Efficiency Act (AB 2188, Gov. Code § 65850.5), and the Residential Solar Energy Permit Program (SB 379, Gov. Code § 65850.52). These laws collectively establish the framework for achieving timely and cost-effective installations of residential rooftop solar energy systems, including the requirement to adopt automated permitting for qualifying solar and energy storage systems. This chapter encourages the use of solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the City, and ensuring the public health and safety are protected.

Section 63. Section 23.46.020 of the San Mateo Municipal Code is amended as follows:

23.46.020 Definitions.
(a) "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
(b) "Automated permitting system" means an online, web-based portal that verifies code compliance for eligible residential solar and solar-plus-storage systems and issues permits in real time or near-real time, consistent with California Government Code Section 65850.52. (c) "Common interest development" means any of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.

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(d) "Electronic submittal" includes email, web-based portals, or other digital platforms. (e) "Feasible method to satisfactorily mitigate or avoid a specific, adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by a city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(f) "Reasonable restrictions" shall be as defined in Civil Code § 714, meaning restrictions that do not add more than 10% to the cost of the system, add no more than $1,000 to the cost of the system, or reduce system efficiency by more than 10%.
(g) "Small residential rooftop solar energy system" means all of the following:
(1) A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating of 30 kilowatts thermal.
(2) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards.
(3) A solar energy system that is installed on a single or duplex family dwelling. (4) A solar panel or module array that does not exceed the maximum legal building height as defined by the City.
(h) "Solar energy system" means either of the following:
(1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
(2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(i) "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

Section 64. Section 23.46.030 of the San Mateo Municipal Code is amended as follows:

23.46.030 Applicability.

This chapter applies to the permitting of small residential rooftop solar systems. Systems lawfully installed before the effective date are exempt unless modified to materially change size, type, or components.

Routine operation, maintenance, or like-kind replacements do not require a new permit.

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Section 65. Section 23.46.040 of the San Mateo Municipal Code is amended as follows:

23.46.040 Duties Of Building Department.
(a) All documents required for the submission of a small residential rooftop solar energy system application shall be available on the City's website.
(b) Electronic submittal of the required permit application and documents by email or facsimile shall be available to all small residential rooftop solar energy system permit applicants. (c) The City's Building Division shall adopt, and post on the City's website, a (1) standard electrical plan; and (2) standard checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review, consistent with the California Solar Permitting Guidebook.

Section 66. Section 23.46.050 of the San Mateo Municipal Code is amended as follows:

23.46.050 Submittal Requirements.

The following are required in order to submit a complete application for a solar energy system:
(a) Completed permit application form;
(b) Completed eligibility checklist for expedited review; (c) A completed standard electrical plan, which will be available on the City's website; (d) A roof plan showing roof layout, PV panels, and the following fire safety items:
(1) Approximate location of roof access point,
(2) Location of code-compliant access pathways,
(3) PV system fire classifications, and
(4) Locations of all required labels and markings;
(e) Completed structural criteria checklist; and
(f) Payment of City's processing fee in the amount established by resolution of the City Council. (g) Applicants for systems eligible under SB 379 may submit through the automated permitting portal in lieu of paper or standard electronic submittals.

Section 67. Section 23.46.070 of the San Mateo Municipal Code is amended as follows:

23.46.070 Permit Review And Inspection Requirements.
(a) Review of the application shall be limited to the building official's review of whether the application is complete and meets local, state, and federal health and safety requirements.

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(b) If an application is deemed incomplete or fails to meet local, state, and federal health and safety requirements, the Building Official will issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance.
(c) If an application is complete and meets local, state, and federal health and safety requirements, only one inspection shall be required and performed by the Building Division. An inspection will be scheduled within two business days of a request and provide a two-hour inspection window. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this subsection.
(d) Applications submitted through the automated permitting platform under SB 379 shall be processed automatically, with approvals issued in real time or near-real time where compliance is verified. (e) A City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
(f) Approval or denial of an application for a small residential rooftop solar energy system may be appealed by any interested party to the City's Planning Commission within 10 days of the mailing date of the Building Official's decision.

Section 68. The title of Chapter 23.70 of the San Mateo Municipal Code is amended as follows:

Chapter 23.70
Green Building Standards Code
Section 69. Section 23.70.010 of the San Mateo Municipal Code is amended as follows:

23.70.010 Adoption.
(a) The California Green Building Standards Code, 2025 Edition, Title 24, Part 11 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Green Building Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended;
(b) No section of the Green Building Standards Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section or not enforce it.
(c) One copy of the Green Building Standards Code shall at all times be kept on file in the office of the City Clerk.

Section 70. Section 23.70.020 of the San Mateo Municipal Code is deleted.

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Section 71. Environmental Determination. The City Council 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 to the environment (CEQA Guidelines Section 15378(b)(5).)
Section 72. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 73. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with California Government Code Section 6066.

Section 74. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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8 Chapter 23.06

ADMINISTRATIVE CODE

23.06.010 Adoption
(a) The 2022 2025 California Administrative Code, California Code of Regulations, Title 24, Part 1, as adopted and amended by the State of California, hereinafter called "Administrative Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Administrative Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it. (c) A copy of the Administrative Code shall at all times be kept on file in the office of the City Clerk.

23.06.011 APPLICATION TO EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT.

Repealed.

23.06.012 DEFINITIONS.

Repealed.

23.06.013 CONFLICTING PROVISIONS.

When conflicting provisions or requirements occur between this code, the technical codes and other codes or laws, the most restrictive shall govern.

When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. In other conflicts where sanitation, life safety or fire safety are not involved, the most restrictive provisions shall govern.

Where in a specific case, different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

When conflicts occur between specific provisions of this code and administrative provisions in a technical code which is then applicable within this jurisdiction, those provisions becoming the law most recently shall govern.

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8 23.06.014 ALTERNATE MATERIALS, METHODS OF DESIGN AND METHODS OF CONSTRUCTION.

Repealed.

23.06.015 MODIFICATIONS.

Repealed.

23.06.016 TESTS.

Repealed.

23.06.017 TEMPORARY BUILDING.

Real estate sales and leasing of the building or buildings under construction may be conducted from a temporary structure located on the construction site, subject to the conditions and procedures established in Section 26.04.130 of this code.

23.06.020 AUTHORITY.

Repealed.

23.06.021 POWERS AND DUTIES OF BUILDING OFFICIAL.

Repealed.

23.06.030 UNSAFE BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT.

Repealed.

23.06.040 APPEALS.

Repealed.

23.06.050 VIOLATIONS AND PENALTIES.

Repealed.

23.06.060 Hours of Work
No work regulated by this code shall be permitted between the hours of 7:00 p.m. and 7:00 a.m., Monday through Friday, nor prior to 9:00 a.m. or after 5:00 p.m. on Saturday, nor prior to 12:00 noon or after 4:00 p.m. on Sundays and holidays. These hours do not apply to construction work that takes place inside a completely enclosed building and does not exceed the exterior ambient noise level as measured ten feet from the exterior property lines.

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8 23.06.061 Hours of Work Exemption
(a) Exemptions from the hours of work designated in Section 23.06.060 may be granted:
(1) As a condition of approval of a planning application issued pursuant to Title 26 or Title 27; or
(2) Upon written application to the Building Official. The Building Official may approve such application in his or her sole discretion for emergency situations or exceptional circumstances beyond the control of the applicant. An application shall contain any information required by the Building Official, including, but not limited to the type of work to be performed, the equipment to be used, the date(s) and time(s) for the proposed hours of work, and the reason(s) therefor.
(b) The approved hours of construction activity shall be posted at the construction site in a place and manner that can be easily viewed by an interested member of the public. (c) The building official may revoke an exemption at any time if the contractor or owner of the property fails to abide by the conditions of the exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.

23.06.070 PERMITS.

Repealed.

23.06.080 APPLICATION FOR PERMIT.

Repealed.

23.06.090 PERMITS ISSUANCE.

Repealed.

23.06.100 Demolition Permits
(a) Demolition permits may be issued if at least one of the following is applicable:
(1) Demolition has been ordered by the building official because of major structural damage or a condition resulting in imminent or immediate danger to public health or safety; or
(2) A building permit or site development permit has been issued authorizing work to be performed which requires the prior removal of an existing structure to accomplish the new construction; or

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8 (3) The City has determined that demolition is necessary in order to perform appropriate soil tests for a proposed project; or
(4) Demolition is required by the City as a condition of approval of a planning application under Title 27 or a subdivision under Title 26 of this code, and the application for the demolition permit complies with the time frame set in the condition of approval. (5) The demolition involves a nonresidential structure smaller than 3,000 square feet.
(6) The demolition involves an accessory building as defined in Section

27.04.010.
(7) The demolition of structures where a master plan or specific plan has been approved for development of the site provided that: (1) the building official receives written confirmation that the demolition is needed to facilitate the timely construction of new structures under the approved master plan; (2) the structures are substantially vacant; (3) there is written documentation from a lending institution that the project (at least in substantial part) is capable of being financed and the applicant is credit worthy. (b) All demolition permits shall comply with the following conditions:
(1) The site shall be fenced when open holes in the ground exist, if required by the building official because of other hazards or to ensure maintenance of the site. (2) All debris, weeds, and other nuisances shall be removed from the site, and the site shall be leveled unless requirements regarding hazardous wastes make leveling infeasible. If planting is not required and construction does not commence within 30 days after demolition, the soil shall be treated with a weed inhibitor approved by the City. (3) If deemed appropriate, the City may require that the entire site be planted and maintained with a drought tolerant ground cover that will fully cover all exposed soil within six months of planting, or covered to a minimum depth of two inches with crushed rock.
(4) That the site be fenced according to code, or if deemed appropriate, the City may require that any driveway curb cuts not used be provided with bollards and chains, located and installed so as to prevent vehicular entry into the site. (5) The applicant shall comply with all other conditions that may be attached by the building official to ensure maintenance of the site, including, but not limited to, vacant lot maintenance requirements contained in Chapter 7.48 of the San Mateo Municipal Code.

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8 23.06.110 INSPECTIONS.

Repealed.

23.06.120 Fees
(a) General. All permit fees, surcharges, plan checking fees, fees for inspections and reinspections, and all other fees, shall be those established by resolution of the City Council. (b) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken and that extension will not result in violation of this code or any other laws. An application shall not be extended more than two times. An application may be extended at the discretion of the Building Official if this code or any other pertinent laws or ordinances have been amended subsequent to the date of the application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee, and the plans shall comply with the codes and other pertinent laws or ordinances in effect at the time of resubmittal. (1) Planning Applications. For applications for which a planning application was approved, a completed building permit application shall be filed before the two-year expiration date of the planning approval; and a building permit shall be issued no later than six months after the expiration date. Extension for issuance of a building permit may be granted at the discretion of the building official if the applicant demonstrates that the delay in performance was caused by circumstances beyond the control of the applicant and that the applicant has diligently pursued approval of the permit. (c) Investigation Fees—Work Without a Permit.
(1) Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The amount of the investigation fee shall be adopted by resolution of the City council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. (d) Fee Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.

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8 The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit is withdrawn and if no plan review services have been rendered.

The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

23.06.130 SPECIAL INSPECTIONS.

Repealed.

23.06.140 STRUCTURAL OBSERVATION.

Repealed.

23.06.150 CONNECTION TO UTILITIES.

Repealed.

23.06.160 CERTIFICATE OF OCCUPANCY.

Repealed.

23.06.170 FIRE AND HEALTH PROTECTION.

Repealed.

Chapter 23.07

RESIDENTIAL CODE

23.07.010 Adoption
(a) The 2022 2025 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and Appendices AHBF—Patio Covers, AKBG—Sound Transmission, and AXCI— Swimming Pool Safety Act, as adopted and amended by the State of California, hereinafter called "Residential Code," are adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Residential Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.

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8 (c) A copy of the Residential Code shall at all times be kept on file in the office of the City Clerk.

23.07.020 SECTION R319.1 SITE ADDRESS NOT ADOPTED.

Repealed.

23.07.030 SECTION R319.2 ADDRESS NUMBERS—MULTI-TENANT BUILDINGS NOT ADOPTED.

Repealed.

23.07.040 SECTION R319.3 ADDRESS NUMBERS—REAR ADDRESSING NOT ADOPTED.

Repealed.

23.07.060 SECTION R313.1 TOWNHOUSE AUTOMATIC FIRE SPRINKLER SYSTEMS— EXCEPTION NOT ADOPTED.

Repealed.

23.07.070 SECTION R313.2 ONE- AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SPRINKLER SYSTEMS—EXCEPTION NOT ADOPTED.

Repealed.

23.07.080 SECTIONS R902.1, R902.1.1, R902.1.3 ROOFING REQUIREMENTS AMENDED.

Repealed.

23.07.110 TABLE R602.10.3(3) AND SECTION R602.10.4.5 PROHIBIT THE USE OF

GYPSUM BOARD AND LIMIT THE USE OF PORTLAND CEMENT PLASTER AS PRESCRIPTIVE WALL BRACING MATERIALS IN SEISMIC DESIGN CATEGORIES D0, D1 AND D2 AMENDED.
(a) Chapter 6 (Wall Construction) Table R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) is amended as follows:
(1) The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i, j
(2) Footnotes "i" and "j" are added to Table R602.10.3(3), to read:
(A)(I) Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.

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8 (B) Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75. (b) Add a new subsection R602.10.4.5, to read:

R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one- story single-family dwellings and accessory structures.

Chapter 23.08

BUILDING CODE

23.08.010 Adoption
(a) The 2022 2025 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2 and Appendix G—Flood Resistant Construction, as adopted and amended by the State of California, hereinafter called "Building Code," are adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) No section of the Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it. (c) A copy of the Building Code shall at all times be kept on file in the office of the City Clerk.

23.08.020 SECTION 501.2 PREMISES IDENTIFICATION—ADDRESS NUMBERS NOT ADOPTED.

Repealed.

23.08.030 SECTION 501.2.1 ADDRESS NUMBERS—MULTI-TENANT BUILDINGS NOT ADOPTED.

Repealed.

23.08.040 SECTION 501.2.2 ADDRESS NUMBERS—REAR ADDRESSING NOT ADOPTED.

Repealed.

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8 23.08.045 SECTION 903.2 AUTOMATIC SPRINKLER SYSTEMS—WHERE REQUIRED NOT ADOPTED.

Repealed.

23.08.090 SECTION 905.3 STANDPIPE SYSTEMS—REQUIRED INSTALLATION NOT ADOPTED.

Repealed.

23.08.100 SECTIONS 1505.1 - 1505.1.3 ROOFING REQUIREMENTS AMENDED.

The roof covering or roofing assembly on any structure regulated by this code shall be minimum Class B fire retardant as specified in Table 1505.1 and as classified in Section 1505.Fire classification of roof assemblies shall be in accordance with Section 1505. The minimum fire classification of roof assemblies installed on buildings shall comply with Table 1505.1, as amended, and based on the type of construction of the building. Class A, B, and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire-retardant-treated woodroof coverings shall be tested in accordance with ASTM D2898; fire-retardant-treated shingles and shakes shall comply with Section 1505.6
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.

TABLE 1505.1 Minimum Covering Classification for Types of Construction.

TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF

CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B

23.08.120 SECTION 1705.3 CONCRETE CONSTRUCTION AMENDED.

Section 1705.3 is amended to read as follows:
1705.3 Concrete construction.

The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

Exception: Special inspections shall not be required for:

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8 (1) Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

23.08.130 Section 1905.1.7 Plain Concrete In Earthquake Resisting Structures Amended

REPEALED
Repealed.
1905.1.7 ACI 318 Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross- sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

23.08.140 SECTION 2308 Table 2308.6.12308.10.1 – WALL BRACING REQUIREMENTS a. Table 2308.6.12308.10.1 (Wall Bracing Requirements) of CBC Chapter 23 (Wood) is amended as follows:

1. The title of Table 2308.10.1 2308.6.1 is amended to read:

TABLE 2308.10.1 2308.6.1a, f, g

2. Footnotes "f" and "g" are added to Table 2308.10.12308.6.1, to read:

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8 f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.

23.08.150 SECTIONS 3109.1 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES AMENDED.

Section 3109.1 is amended to add subsection 3109.1.1 to read as shown below:
3109.1.1 Location
A swimming pool may be placed or constructed in any of the required yard areas provided the pool is constructed at ground level and provided the following setbacks are maintained:
(a) For single-family dwellings, the inside face of the pool shall not be less than four feet from any property boundary of the lot or parcel on which the pool is located. (b) For multifamily dwellings, the inside face of an outdoor pool shall be not less than twenty feet from any property boundary. Indoor swimming pool structures for multifamily dwellings shall also be subject to the setback requirements for accessory buildings, as designated in Chapter 27.70 of the Zoning Code, with the exception that the minimum clearance of 4 feet to the property line and 5 feet to surrounding buildings shall still apply.
(c) No portion of a swimming pool may be constructed in any public utility easement or drainage easement or utility right-of-way. There shall be not less than five feet of open space between the inside face of the pool and any structure. (d) No part of a swimming pool (water area) shall be located or constructed directly under permanently-installed electric power lines. Pools shall be located in such a manner that overhead conductor clearances meet the requirements of the Electrical Code, Chapter 23.12 of the San Mateo Municipal Code. No pool shall be constructed in any location that violates any State law or Public Utility Commission rules for location in relation to electric power lines, service drops and/or communication lines. (e) Swimming pools located on slopes must comply with setback requirements as prescribed in chapter 23.40 of the Site Development Code.

23.08.160 SECTION 3109.4.1 BARRIER HEIGHT AND CLEARANCES AMENDED.

Repealed.

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8 23.08.170 SECTION 3109.6 3 POOL EQUIPMENT ENCLOSURE ADDED.

Section 3109.6 3 is added as follows:

Pool Equipment Enclosure. Pumps and other swimming pool equipment which produce sound above the level of 35 dba shall not be located within twenty-five feet of any neighboring property unless such equipment is enclosed in an enclosure that will reduce the sound at the property line to a level of 35 dba or less. Swimming pool heaters need not be enclosed in a pool equipment enclosure.

23.08.175 SECTION 3110 AUTOMATIC VEHICULAR GATES
Section 3110.1 is amended to read:

General. Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and 3110.3 and all other applicable sections of this code. All gates are to comply with 3110.1.1 Gate Safety
3110.1.1 GATE SAFETY.

Purpose. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from gates detaching from supporting hardware or gates not being well maintained and inspected. The city finds it necessary to require gates to be inspected periodically by a professional and record keeping to ensure the basic life safety of its residents.

Definitions. For the purposes of this chapter, the following definitions shall apply:

1. “Building official” means the building official, an authorized deputy, designated building inspector or other designated employee of the city charged with enforcement and administration of this chapter.

2. “Owner” means any person, co-partnership, association, corporation or fiduciary, or their authorized agent(s) having legal or equitable title or any interest in any real property.

3. “Professional” means any licensed fence installer, ICC certified building inspector, licensed architect, or licensed engineer responsible for inspecting and providing a written certification.

4. “Written certification” means a document attesting the gate meets all of the requirements of the referenced standards, the gate has been maintained and

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8 in good working order. In addition, the document shall clearly include the following:
a. Inspection date.
b. Site address.
c. Name of the property owner.
d. Contact information of inspector.
e. Signed and/or stamped.

Scope. The provisions of this chapter shall apply to all vehicular gates and any gate more than 48 inches (1219 mm) in width or more than 84 inches (2134 mm) in height.

General requirements. Gates shall meet the requirements of ASTM F1184; shall be installed per manufacturer’s recommendations; and, at a minimum shall be designed, constructed, and installed to not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.

Gates with operators or similar systems shall also meet the requirements of UL 325 and ASTM F2200.

Duty of owner or agent. Property owners, and their agents, shall keep gates well maintained and have gates inspected by a professional once every five years. Property owners and agents must keep the written certifications and make them available to City officials upon request. Any gate repair work undertaken must result in a safe outcome.

Time Limits for Compliance. Property owners are responsible for adhering to this standard in the interest of public safety. Owners of existing gates shall comply with the provisions of this chapter and obtain third-party inspections of their gates no later than July 1, 2026, and at least once every five years thereafter. These inspections are intended to ensure ongoing safety and proper maintenance.

Violations Penalties. Any property owner or their agent that fails to comply with the provision of this chapter or a directive of the building official may be subject to

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8 enforcement and the penalties as prescribedovided by lawTitle 1 of the San Mateo Municipal Code, and all additional remedies provided by law.

Chapter 23.09

EXISTING BUILDING CODE

23.09.010 Adoption
(a) The 2022 2025 California Existing Building Code, California Code of Regulations, Title 24, Part 10, as adopted and amended by the State of California, hereinafter called "Existing Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Existing Building Code shall imply a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section or not to enforce it. (c) A copy of the Existing Building Code shall at all times be kept on file in the office of the City Clerk.

Chapter 23.12

ELECTRICAL CODE

23.12.010 Adoption
(a) The 2022 2025 California Electrical Code, California Code of Regulations, Title 24, Part 3, as adopted and amended by the State of California, hereinafter called "Electrical Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) No section of the Electrical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission thereof with discretion to enforce the section, or not to enforce it. (c) A copy of the California Electrical Code shall at all times be kept on file in the office of the City Clerk.

Chapter 23.16

PLUMBING CODE

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8 23.16.010 Adoption
(a) The 2022 2025 California Plumbing Code, California Code of Regulations, Title 24, Part 5, as adopted and amended by the State of California, hereinafter called "Plumbing Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) No section of the Plumbing Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it. (c) One copy of the Plumbing Code shall at all times be kept on file in the office of the City Clerk.

23.16.020 SECTION 719.0 CLEANOUTS.

Section 719.0 is amended by adding Section 719.7719.1.1 as follows:
719.7719.1.1
Cleanout. Cleanouts shall be installed adjacent to the property line where the private sewer system connects to the public sanitary sewer lateral and in conformance with the California Plumbing Code. All such line cleanouts shall be extended to grade with materials and according to specifications approved by the Director of Public Works, or designee, and terminate within a concrete box.

Chapter 23.20

MECHANICAL CODE

23.20.010 Adoption
(a) The 2022 2025 California Mechanical Code, California Code of Regulations, Title 24, Part 4, as adopted and amended by the State of California, hereinafter called "Mechanical Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) No section of the Mechanical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section or not enforce it. (c) A copy of the Mechanical Code shall at all times be kept on file in the office of the City Clerk.

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8 Chapter 23.24

ENERGY CODE

23.24.010 Adoption
(a) The California Energy Code, 2022 2025 Edition, Title 24, Part 6 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Energy Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended. (a)(b) No section of the Mechanical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section or not enforce it. (b)(c) One copy of the Energy Code shall at all times be kept on file in the office of the City Clerk.

23.24.020 Local Amendment to Definitions REPEALED
(a) Energy Code subsection 100.1(b) is amended to include the following definitions:

Electric Heating Appliance. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

Kitchen, institutional commercial. A kitchen dedicated to a foodservice establishment that provides meals at institutions including schools, colleges and universities, hospitals, correctional facilities, private cafeterias, nursing homes, and other buildings or structures in which care or supervision is provided to occupants.

Kitchen, quick-service commercial. A kitchen dedicated to an establishment primarily engaged in providing fast food, fast casual, or limited services. Food and drink may be consumed on premises, taken out, or delivered to the customer's location.

Net Free Area (NFA). The total unobstructed area of the air gaps between louver and grille slats in a vent through which air can pass. The narrowest distance between two slats, perpendicular to the surface of both slats is the air gap height. The narrowest width of the gap is the air gap width. The NFA is the air gap height multiplied by the air gap width multiplied by the total number of air gaps between slats in the vent.

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8 23.24.030 Electric-readiness and Energy Performance of Nonresidential Buildings (a) Energy Code Section 120.2 "Required Controls for Space-Conditioning Systems" is amended to add a new subsection (l) to read as follows:
(l) HVAC Hot Water Temperature. Zones that use hot water for space heating shall be designed for a hot water supply temperature of no greater than 130°F.
(b) Energy Code Section 120.6 "Mandatory Requirements for Covered Processes" is amended to add a new subsection (k) to read as follows:
(k) Mandatory requirements for commercial kitchens. Electric Readiness for Newly Constructed Commercial Kitchens shall meet the following requirements:

1. Quick-service commercial kitchens and institutional commercial kitchens shall include a dedicated branch circuit wiring and outlet that would be accessible to cookline appliances and shall meet all of the following requirements:

A. The branch circuit conductors shall be rated at 50 amps minimum.

B. The electrical service panel shall have a minimum
capacity of 800 connected amps.

2. The electrical service panel shall be sized to accommodate an additional either 208v or 240v 50-amp breaker.

Exception 1 to Section 120.6(k): healthcare facilities.

Exception 2 to Section 120.6(k): all-electric commercial kitchens. (c) Energy Code subsection 130.0(a) is amended to read as follows:

The design and installation of all lighting systems and equipment in nonresidential and hotel/motel buildings, outdoor lighting, and electrical power distribution systems within the scope of Section 100.0(a), shall comply with the applicable provisions of Sections 130.0 through 130.6.

NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.6 also apply to additions and alterations to existing buildings.

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8 (d) Energy Code Subchapter 4 "Nonresidential and Hotel/Motel Occupancies – Mandatory Requirements for Lighting Systems and Equipment, and Electrical Power Distribution Systems" is amended to add a new section 130.6 "Electric Readiness Requirements for Systems Using Gas or Propane" and read as follows:
130.6 Electric Readiness Requirements for Systems Using Gas or Propane Where nonresidential systems using gas or propane are installed, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electric heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor. (a) Branch circuit wiring, electrically isolated and designed to serve all electric heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
(b) Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and
(c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g. "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and (d) Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electric heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
(e) Physical space for future electric heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electric heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment. (a) Energy Code Section 140.0 "Performance and Prescriptive Compliance Approaches" is amended to read as follows:

Nonresidential and hotel/motel buildings shall comply with all of the following:

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8 (a) The requirements of Sections 100.0 through 110.12 applicable to the building project (mandatory measures for all buildings).

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8 (b) The requirements of Sections 120.0 through 130.6 (mandatory measures for nonresidential and high-rise residential and hotel/motel buildings). (c) Either the performance compliance approach (energy budgets) specified in Section 140.1, or the prescriptive compliance approach specified in Section 140.2 for the Climate Zone in which the building will be located. Climate zones are shown in FIGURE 100.1-A.

NOTE to Section 140.0(c): The Commission periodically updates, publishes and makes available to interested persons and local enforcement agencies precise descriptions of the Climate Zones, which is available by zip code boundaries depicted in the Reference Joint Appendices along with a list of the communities in each zone.

NOTE to Section 140.0: The requirements of Sections 140.1 through 140.10 apply to newly constructed buildings. Section 141.0 specifies which requirements of Section 140.1 through 140.10 also apply to additions or alterations to existing buildings.
(a) Energy Code Section 140.1 "Performance Approach: Energy Budgets" is amended to read as follows:

A building complies with the performance approach provided that:

1. The time-dependent valuation (TDV) energy budget calculated for the Proposed Design Building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a), and

2. The source energy budget calculated for the proposed design building under Subsection (b) has a source energy compliance margin, relative to the energy budget calculated for the standard design building under Subsection (a), of at least 7 percent for all nonresidential occupancies.

Exception 1 to 140.1 item 2. A source energy compliance margin of 0 percent or greater is required when nonresidential occupancies are designed with single zone space-conditioning systems complying with Section 140.4(a)2.

Exception 2 to 140.1 item 2. Where it is technically infeasible to implement the performance approach standards, exceptions are subject to review and approval at the discretion of the Community Development Director, or his/her designee.
(a) Energy Code subsections 140.1(a)-(c) are adopted without modification.

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8 23.24.040 Local Amendment Regarding Electric-readiness and Energy Performance of Single- Family Residential Buildings. REPEALED
(a) Energy Code subsection 150.0(t) is amended to read as follows:
(t) Heat pump space heater ready. Systems using gas or propane furnace to serve individual dwelling units shall include the following:

1. A dedicated 240 volt branch circuit wiring shall be installed within 3 feet from the furnace and accessible to the furnace with no obstructions.

The branch circuit conductors shall be rated at 30 amps minimum. The blank cover shall be identified as "240V ready." All electrical components shall be installed in accordance with the California Electrical Code.

2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future heat pump space heater installation. The reserved space shall be permanently marked as "For Future 240V use."

3. A designated exterior location for a future heat pump compressor unit with either a drain or natural drainage for condensate. (a) Energy Code subsection 150.1(b) is amended to read as follows:
(b) Performance Standards. A building complies with the performance standards if the energy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by the Alternative Calculation Methods Approval Manual, as specified in sub-sections 1, 2 and 3 below.

1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings is expressed in terms of the Energy Design Ratings, which are based on source energy and time-dependent valuation (TDV) energy. The Energy Design Rating 1 (EDR1) is based on source energy.

The Energy Design Rating 2 (EDR2) is based on TDV energy and has two components, the Energy Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility Design Rating. The total Energy Design Rating shall account for both the Energy Efficiency Design Rating and the Solar Electric Generation and Demand Flexibility Design Rating.

The proposed building shall separately comply with the Source Energy Design Rating, Energy Efficiency Design Rating and the Total Energy Design Rating. A building complies with the performance approach if the

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8 TDV energy budget calculated for the proposed design building is no greater than the TDV energy budget calculated for the Standard Design Building AND Source Energy compliance margin of at least 9, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

Exception 1 to Section 150.1(b)1. A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, which provides dedicated power, utility energy reduction credits, or payments for energy bill reductions, to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10-115, may offset part or all of the solar electric generation system Energy Design Rating required to comply with the Standards, as calculated according to methods established by the Commission in the Residential ACM Reference Manual.

Exception 2 to Section 150.1(b)1. A newly constructed building with a conditioned floor area less than 1,500 square feet shall achieve a Source Energy compliance margin of 4 or greater, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

Exception 3 to Section 150.1(b)1. A newly constructed building with a conditioned floor area less than 625 square feet shall achieve a Source Energy compliance margin of 0 or greater, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

Exception 4 to Section 150.1(b)1. A newly constructed Accessory Dwelling Unit, as defined by San Mateo Municipal Code Section

27.04.165(a), shall achieve a Source Energy compliance margin of 0 or greater, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.
(a) Energy Code subsections 150.1(b)2, 150.1(b)3, and 150.1(c) are adopted without amendments.

23.24.050 Local Amendment Regarding Electric-readiness and Energy Performance of Multifamily Buildings. REPEALED
(a) Energy Code subsection 160.4(a) is amended to read as follows:
(a) Reserved.

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8 (b) Energy Code Section 160.9 "Mandatory Requirements for Electric Ready Buildings" is amended to add new subsections (d) through (f) as follows:
(d) Individual Heat Pump Water Heater Ready. Systems using gas or propane water heaters to serve individual dwelling units shall include the following components and shall meet the requirements of Section 160.9(f):

1. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, copper branch circuit rated to 30 amps, within 3 feet from the water heater and accessible to the water heater with no obstructions. In addition, all of the following:

A. Both ends of the unused conductor shall be labeled with the word "spare" and be electrically isolated; and
B. A reserved single pole circuit breaker space in the
electrical panel adjacent to the circuit breaker for the branch circuit in A above and labeled with the words "Future 240V Use";

2. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance,

3. The construction drawings shall indicate the location of the future heat pump water heater. The reserved location shall have minimum interior dimensions of 39"x39"x96".

4. A ventilation method meeting one of the following:

A. The designed space reserved for the future heat pump water heater shall have a minimum volume of 700 cubic feet; or B. The designed space reserved for the future heat pump water heater shall vent to a communicating space in the same pressure boundary via permanent openings with a minimum total net free area of 250 square inches so that the total combined volume connected via permanent openings is 700 cu. ft. or larger.

The permanent openings shall be:
i. Fully louvered doors with fixed louvers consisting of a single layer of fixed flat slats; or

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8 ii. Two permanent fixed openings, consisting of a
single layer of fixed flat slat louvers or grilles, one commencing within 12 inches from the top of the enclosure

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8 and one commencing within 12 inches from the bottom of the enclosure.

C. The designed space reserved for the future heat pump water heater shall include two 8" capped ducts, venting to the building exterior:
i. All ducts, connections and building penetrations
shall be sealed.
ii. Exhaust air ducts and all ducts which cross
pressure boundaries shall be insulated to a minimum
insulation level of R-6.
iii. Airflow from termination points shall be diverted
away from each other.
(e) Central Heat Pump Water Heater Electric Ready. Central water heating systems using gas or propane to serve multiple dwelling units shall include the following:

1. The system input capacity of the gas or propane water heating system shall be determined as the sum of the input gas or propane capacity of all water heating devices associated with each gas or propane water heating system.

2. Space reserved shall include:

A. Heat Pump. The minimum space reserved shall include
space for service clearances and air flow clearances and shall meet one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, the minimum
space reserved for the heat pump shall be 2.0 square feet per input 10,000 BTU per hour of the gas or propane water heating system, and the minimum linear dimension of the space reserved shall be 48 linear inches.
ii. If the system input capacity of the gas water
heating system is greater than or equal to 200,000 BTU per hour, the minimum space reserved for the heat pump shall be 3.6 square feet per input 10,000 BTU per hour the gas or propane water heating system, and the minimum linear
dimension of the space reserved shall be 84 linear inches.

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8 iii. The space reserved shall be the space required for a heat pump water heater system that meets the total
building hot water demand as calculated and documented by the responsible person associated with the project.

B. Tanks. The minimum space reserved shall include space for service clearances and shall meet one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, the minimum
space reserved for the storage and temperature
maintenance tanks shall be 4.4 square feet per input 10,000 BTU per hour of the gas or propane water heating system. ii. If the system input capacity of the gas water
heating system is greater than or equal to 200,000 BTU per hour, the minimum physical space reserved for the storage and temperature maintenance tanks shall be 3.1 square feet per input 10,000 BTU per hour of the gas or propane water heating system.
iii. The space reserved shall be the space required for a heat pump water heater system that meets the total
building hot water demand as calculated and documented by the responsible person associated with the project.

3. Ventilation shall be provided by meeting one of the following:

A. Physical space reserved for the heat pump shall be
located outside, or
B. A pathway shall be reserved for future routing of supply and exhaust air via ductwork from the reserved heat pump location to an appropriate outdoor location. Penetrations through the building envelope for louvers and ducts shall be planned and identified for future use. The reserved pathway and penetrations through the building envelope shall be sized to meet one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, the minimum air flow rate shall be 70 CFM per input 10,000 BTU per hour of the gas or propane water heating system and the total
external static pressure drop of ductwork and louvers shall

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8 not exceed 0.17 inch when the future heat pump water
heater is installed.
ii. If the system input capacity of the gas water
heating system is greater than or equal to 200,000 BTU per hour, the minimum air flow rate shall be 420 CFM per input 10,000 BTU per hour of the gas or propane water heating system and the total external static pressure drop of
ductwork and louvers shall not exceed 0.17 inch when the future heat pump water heater is installed.
iii. The reserved pathway and penetrations shall be
sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and
documented by the responsible person associated with the project.

4. Condensate drainage piping. An approved receptacle that is sized in accordance with the California Plumbing Code to receive the condensate drainage shall be installed within 3 feet of the reserved heat pump location, or piping shall be installed from within 3 feet of the reserved heat pump location to an approved discharge location that is sized in accordance with the California Plumbing Code, and meets one of the following:

A. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, condensate drainage shall be sized for 0.2 tons of refrigeration capacity per input 10,000 BTU per hour.

B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, condensate drainage shall be sized for 0.7 tons of refrigeration capacity per input 10,000 BTU per hour.

C. Condensate drainage shall be sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person
associated with the project.

5. Electrical.

A. Physical space shall be reserved on the bus system of the main switchboard or on the bus system of a distribution board to

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8 serve the future heat pump water heater system including the heat pump and temperature maintenance tanks. In addition, the physical space reserved shall be capable of providing adequate power to the future heat pump water heater as follows:
i. Heat Pump. For the Heat Pump, the physical space
reserved shall comply with one of the following:
a. If the system input capacity of the gas water
heating system is less than 200,000 BTU per hour,
provide 0.1 kVA per input 10,000 BTU per hour.
b. If the system input capacity of the gas water
heating system is greater than or equal to 200,000
BTU per hour, provide 1.1 kVA per input 10,000 BTU
per hour.
c. The physical space reserved supplies
sufficient electrical power required to power a heat
pump water heater system that meets the total
building hot water demand as calculated and
documented by the responsible person associated
with the project.
ii. Temperature Maintenance Tank. For the
Temperature Maintenance Tank, the physical space
reserved shall comply with one of the following:
a. If the system input capacity of the gas water
heating system is less than 200,000 BTU per hour,
provide 1.0 kVA per input 10,000 BTU per hour.
b. If the system input capacity of the gas water
heating system is greater than or equal to 200,000
BTU per hour, provide 0.6 kVA per input 10,000 BTU
per hour.
c. The physical space reserved supplies
sufficient electrical power required to power a heat
pump water heater system that meets the total
building hot water demand as calculated and
documented by the responsible person associated
with the project.

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8 (f) The building electrical system shall be sized to meet the future electric requirements of the electric ready equipment specified in sections 160.9(a) through (e). To meet this requirement the building main service conduit, the electrical system to the point specified in each subsection, and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each electric ready appliance in accordance with the California Electric Code.
(a) Energy Code Section 170.1 "Performance Approach" is amended to read as follows:

A building complies with the performance approach if the TDV energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a). Additionally,

1. The energy budget, expressed in terms of source energy, of a newly constructed low-rise multifamily building (three habitable stories or less) shall be at least 10 percent lower than that of the Standard Design Building.

2. Newly Constructed high-rise multifamily buildings (greater than four habitable stories) shall be at least 4 percent lower than that of the Standard Design Building.
(a) Energy Code subsections 170.1(a)-(d) are adopted without amendments.

23.24.060 Local Amendment Regarding All-Electric Buildings or Energy Efficiency Standards for Low-Rise Residential Buildings with 100% Affordable Units.

Repealed.

23.24.070 Infeasibility Exemption.

Repealed.

23.24.080 Expiration.

Repealed.

Chapter 23.29

WILDLAND-URBAN INTERFACE CODE

23.29.010 Adoption
(a) The 2025 California Wildland-Urban Interface Code adopted by the San Mateo Consolidated Fire Department, and as amended from time to time, hereinafter called "WUI

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8 Code," is adopted as the rules, regulations, and standards within the City as to all matters therein, except otherwise provided.
(a) No section of the WUI Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it. (b) A copy of the WUI Code, as defined herein, shall be kept on file in the office of the City Clerk.

23.29.015 VIOLATIONS.

It is unlawful to violate or fail to comply with any provisions of this code, or violate or fail to comply with any order made under this code or to build in violation of any detailed statement of specification or plans submitted and approved under this code, or any certificate or permit issued under this code.

Chapter 23.36
Historical Building Code

23.36.010 Adoption
(a) The 2022 2025 California Historical Building Code, California Code of Regulations, Title 24, Part 8, as adopted and amended by the State of California, hereinafter called "Historical Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the Historical Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
(c) A copy of the Historical Building Code shall at all times be kept on file in the office of the City Clerk.

Chapter 23.38
Referenced Standards Code

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8 23.38.010 Adoption
(a) The 2022 2025 California Referenced Standards Code, California Code of Regulations, Title 24, Part 12, as adopted and amended by the State of California, hereinafter called "Referenced Standards Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. (b) No section of the California Referenced Standards Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
(c) A copy of the California Referenced Standards Code shall at all times be kept on file in the office of the City Clerk.

Chapter 23.44

ELECTRIC VEHICLE CHARGING STATIONS

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8 23.44.010 PURPOSE AND INTENT
The purpose of this chapter is to provide an expedited, streamlined permitting process for electric vehicle charging stations that complies with Government Code Sections 65850.7 and 65850.71, as enacted by Assembly Bill 1236 (2015) and Assembly Bill 970 (2021). The intent of this chapter is to encourage and promote the use of electric vehicle charging infrastructure by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install charging stations while protecting the public health and safety.

This chapter is designed to:
(a) Meet California’s goals to expand zero-emission vehicle adoption and greenhouse gas reduction.
(b) Provide timely and cost-effective installation of electric vehicle charging stations through an administrative, nondiscretionary permitting process. (c) Ensure that permit review is limited to objective health and safety standards and that applications are processed consistent with statutory timelines. (d) Require the development and public availability of a checklist and standards for expedited review, consistent with state guidance.
(e) Clarify that charging station permits shall not be denied absent a specific, adverse impact on public health or safety, supported by substantial evidence in the record. (f) Adjust minimum parking requirements when installation of charging stations reduces the number of available parking spaces, in accordance with state law.

23.44.020 DEFINITIONS.
(a) "Electric vehicle charging station(s)" or "charging station(s)" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as it reads on the effective date of the ordinance codified in this chapter or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (b) "Electronic submittal" means the use email, the internet, or facsimile to submit a permit application required by this chapter.
(c) "Feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. (d) "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

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8 (a) “Application completeness review” means the process of determining whether a permit application for an electric vehicle charging station includes all documents and information required by the City’s published checklist.
(b) “Deemed complete” means that if the City does not notify the applicant of deficiencies within the statutory timelines established in Government Code Section 65850.71, the application shall be deemed complete.
(a)(c) “Deemed approved” means that if the City does not approve or deny the application within the statutory timelines established in Government Code Section 65850.71, the application shall be deemed approved.

23.44.030 APPLICABILITY.

This chapter applies to the permitting of all levels of electric vehicle charging stations, including Level 1, Level 2, and direct current fast charging (DCFC) stations, in the City of San Mateo. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require new permitting.

Routine operation and maintenance shall not require a permit.

23.44.040 ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS.

All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the State and the City.

Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and where applicable, rules of the Public Utilities Commission regarding safety and reliability.

23.44.050 SUBMITTAL PROCESS.
(a) All documents required for the submission of an electric vehicle charging station permit application shall be made available on the City's website and updated as necessary. (b) Electronic submittal of the required permit application and documents shall be made available to all electric vehicle charging station permit applicantsaccepted. An applicant'sThe City shall accept electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(c) The City's building Building division Division shall adopt and publish a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle permit process, standard(s) and checklist(s) may

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8 substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research.
(c) The checklist shall be published on the City’s website and shall be the basis for completeness determinations.

23.44.060 Submittal Review, Permit, And Inspection
(a) The building official shall implement an administrative review process to expedite review of electric vehicle charging station permit applications, plans, and related documents. No permit or approval shall be issued which does not conform to all applicable provisions of Title 23, Buildings and Construction, and Title 27, Zoning Code.

The determination of conformance shall be made by the Community Development Director or designated staff members of the Community Development Department. (a) Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the building division shall complete the building permit approval process, which is nondiscretionary. Review of the application for electric vehicle charging stations shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.Timelines

1. For applications for one to twenty-five (1–25) charging stations at a single site, the City shall notify the applicant of any incompleteness within five (5) business days. If no such notice is provided, the application shall be deemed complete.

Upon completeness, the City shall approve or deny the application within twenty (20) business days, or the application shall be deemed approved.

2. For applications for twenty-six (26) or more charging stations, the City shall notify the applicant of any incompleteness within ten (10) business days. If no such notice is provided, the application shall be deemed complete. Upon completeness, the City shall approve or deny the application within forty (40) business days, or the application shall be deemed approved. (b) The Administrative review. The Building Official shall implement an administrative review process to expedite review of charging station applications. Review shall be limited to compliance with health and safety standards and the published checklist. The determination of

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8 conformance shall be made by the Community Development Director or designated staff members of the Community Development Department.building official may only deny an application for the electric vehicle charging station permit if the official makes written findings

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8 based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
(a) The
(b) Approval. If the application meets the requirements of the checklist and there is no specific, adverse impact on public health or safety, the Building Division shall issue the building permit through a nondiscretionary, ministerial process. (c) Denial. The Building Official may deny an application only upon making written findings, based on substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to mitigate or avoid the impact. building official may require an applicant to apply for an "electric vehicle charging station use permit" if the building official finds, based on the initial application submittal, that the electric vehicle charging stations could have a specific, adverse impact upon the public health and safety.
(a)(d) Parking adjustments. If installation of the charging station and associated equipment reduces the number of available parking spaces below the minimum required by the City’s Zoning Code for existing uses, the number of required parking spaces shall be reduced by the number of spaces occupied by the charging station equipment, in compliance with Government Code Section 65850.71.
(b)(e) Appeals. Notwithstanding the appeal provisions contained in Chapter 23.06, Tthe building official's determinations decision under this sectionto approve or deny an application under this Chapter may be appealed to the Planning Commission. (c)(f) Inspections. A separate fire inspection may be performed by the City of San Mateo Consolidated Fire Department, if required.

Chapter 23.46

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS

23.46.010 PURPOSE AND INTENT.

The purpose of this chapter is to provide an expedited, streamlined solar energy system permitting process that compliesconsistent with the Solar Rights Act and Solar Permitting Efficiency Act (AB 2188, Gov. Code § 65850.5, ), and the Residential Solar Energy Permit Program (SB 379, Gov. Code § 65850.527). as codified in Section 65850.5 of the Government Code, in order These laws collectively establish the framework for achieving timely and cost-effective installations of residential rooftop solar

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8 energy systems, including the requirement to adopt automated permitting for qualifying solar and energy storage systems. to achieve timely and cost-effective installations of

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8 small residential rooftop solar energy systems. This chapter encourages the use of solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems while protecting the ensuring the public health and safety are protected.

23.46.020 DEFINITIONS.
(a) "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (a)(b) "Automated permitting system" means an online, web-based portal that verifies code compliance for eligible residential solar and solar-plus-storage systems and issues permits in real time or near-real time, consistent with SB 379California Government Code Section 65850.52.
(b)(c) "Common interest development" means any of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.
(c)(d) "Electronic submittal" includes email, web-based portals, or other digital platforms.means the utilization of one or more of the following:
(1) Email;
(2) The Internet;
(3) Facsimile.
(d)(e) "Feasible method to satisfactorily mitigate or avoid a specific, adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by a city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(e)(f) "Reasonable restrictions" shall be as defined in Civil Code § 714, meaning restrictions that do not add more than 10% to the cost of the system, add no more than $1,000 to thein cost of the system, or reduce system efficiency by more than 10%.on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative

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8 system of comparable cost, efficiency, and energy conservation benefits. For the purposes of this subsection, "significantly" means:
(1) For water heater systems or solar swimming pool heating systems, an amount exceeding 10 percent of the cost of the system, but in no case more than $1,000.00, or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed. (2) For photovoltaic systems, an amount not to exceed $1,000.00 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent, as originally specified and proposed. (f) "Small residential rooftop solar energy system" means all of the following:
(1) A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating of 30 kilowatts thermal.
(2) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards.
(3) A solar energy system that is installed on a single or duplex family dwelling. (4) A solar panel or module array that does not exceed the maximum legal building height as defined by the City.
(g) "Solar energy system" means either of the following:
(1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
(2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. (h) "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

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8 23.46.030 APPLICABILITY.

This chapter applies to the permitting of small residential rooftop solar systems. Systems lawfully installed before the effective date are exempt unless modified to materially change size, type, or components. Routine operation, maintenance, or like-kind replacements do not require a new permit.This chapter applies to the permitting of small residential rooftop solar energy systems in the City.
(a)
(a) Existing small residential rooftop solar energy systems legally established or permitted prior to September 16, 2015, are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small residential rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

23.46.040 DUTIES OF BUILDING DEPARTMENT.
(a) All documents required for the submission of a small residential rooftop solar energy system application shall be available on the City's website. (b) Electronic submittal of the required permit application and documents by email or facsimile shall be available to all small residential rooftop solar energy system permit applicants. (c) The City's Building Division shall adopt, and post on the City's website, a (1) standard electrical plan; and (2) standard checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review, consistent with the California Solar Permitting Guidebook.

23.46.050 SUBMITTAL REQUIREMENTS.

The following are required in order to submit a complete application for a solar energy system:
(a) Completed permit application form;
(b) Completed eligibility checklist for expedited review; (c) A completed standard electrical plan, which will be available on the City's website; (d) A roof plan showing roof layout, PV panels, and the following fire safety items:
(1) Approximate location of roof access point,
(2) Location of code-compliant access pathways,

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8 (3) PV system fire classifications, and
(4) Locations of all required labels and markings;
(e) Completed structural criteria checklist; and
(f) Payment of City's processing fee in the amount established by resolution of the City Council.
(f)(g) Applicants for systems eligible under SB 379 may submit through the automated permitting portal in lieu of paper or standard electronic submittals.

23.46.060 REQUIREMENTS FOR APPROVAL.
(a) All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City's Fire Department. (b) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. (c) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

23.46.070 PERMIT REVIEW AND INSPECTION REQUIREMENTS.
(a) Review of the application shall be limited to the building official's review of whether the application is complete and meets local, state, and federal health and safety requirements. (b) If an application is deemed incomplete or fails to meet local, state, and federal health and safety requirements, the Building Official will issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance.
(c) If an application is complete and meets local, state, and federal health and safety requirements, only one inspection shall be required and performed by the Building Division. An inspection will be scheduled within two business days of a request and provide a two-hour inspection window. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this subsection.

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8 (c) Applications submitted through the automated permitting platform under SB 379 shall be processed automatically, with approvals issued in real time or near-real time where compliance is verified.
(d) A City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code. (e) Approval or denial of an application for a small residential rooftop solar energy system may be appealed by any interested party to the City's Community Relations Commission in accordancePlanning Commission within 10 days of the mailing date of the Building Official's written correction noticedecision.

Chapter 23.70

GREEN BUILDING STANDARDS CODE

23.70.010 Adoption
(a) The California Green Building Standards Code, 20252 Edition, Title 24, Part 11 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Green Building Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended; (a)(b) No section of the Green Building Standards Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section or not enforce it.
(b)(c) One copy of the Green Building Standards Code shall at all times be kept on file in the office of the City Clerk.

23.70.020 Local Amendments to Definitions REPEALED
(a) The most commonly used definitions of the Green Building Code are set forth below:

Addition. An extension or increase in floor area of an existing building or structure.

Alteration or Alter. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

Electric Vehicle (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws current

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8 from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles.

For purposes of the California Electrical Code, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not included.

Electric Vehicle Charging Space (EV Space). A space intended for future installation of EV charging equipment and charging of electric vehicles.

Electric vehicle supply equipment (EVSE). The conductors, including the undergrounded, grounded, and equipment grounding conductors and the electric vehicles connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between premises wiring and the electric vehicle.

Newly Constructed (or New Construction). A newly constructed building (or new construction) does not include additions, alterations or repairs.

Off-Street Loading Spaces. An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading. (b) Green Building Code Section 202 is amended to include the following definitions:

Affordable Housing. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

All-Electric Building. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

Appliance Upgrade. The installation, relocation, or replacement of any appliance.

Automatic Load Management System (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa

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8 (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

Combustion Equipment. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
(1) A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. (2) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.Electric Heating Appliance. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

Electric Vehicle Charging Station (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

Fuel Gas. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these, as defined in the California Mechanical Code.

Fuel Gas Infrastructure. Piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as defined in the California Mechanical Code.

Laboratory. A room, building or area where the use and storage of hazardous materials are utilized for testing, analysis, instruction, research or developmental activities.

Level 1 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
(1) A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.

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8 (2) A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.Level 2 EV Capable. A parking space provided with electrical infrastructure that meets the following requirements:
(1) Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. (2) The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
(3) The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as "EV CAPABLE."
(4) Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
(5) The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating the space is EV Capable.Level 2 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
(1) A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. (2) A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three feet of the parking space. (3) If EVSE is provided the minimum capacity of the EVSE shall be 30- ampere.Low Power Level 2 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:

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8 (1) A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. (2) A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

Repair. Reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage, as defined in the California Existing Building Code.
(c) Green Building Code Section 202 is amended to delete the following definitions:

Electric Vehicle (EV) Capable Space. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

Electric Vehicle (EV) Ready Space. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

Level 2 Electric Vehicle Supply Equipment (EVSE). [HCD] The 208/240 Volt 40ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

Low Power Level 2 Electric Vehicle [EV] Charging Receptable. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

23.70.030 Local Amendment Regarding Electric Vehicle Charging for New One- and Two- Family Dwellings and Town-Houses
(a) Green Building Code Section 4.106.4.1, "New one- and two-family dwellings and town-houses with attached private garages," is amended to read as follows:

4.106.4.1 New one- and two-family dwellings and town-houses with attached private garages.
(b) Green Building Code Section 4.106.4.1.1, "Identification," is amended to read as follows:

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8 4.106.4.1.1 New Construction One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.

23.70.040 Local Amendment Regarding Electric Vehicle Charging for New Multifamily Residential Construction
(a) Green Building Code Section 4.106.4 "Electric vehicle (EV) charging for new construction," is amended to read as follows:

4.106.4 Electric vehicle (EV) charging. New construction shall comply with Section 4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1 Where there is no local utility power supply or the local utility is unable to supply adequate power.

1.2 Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

1.3 Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. ADUs and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

2. Projects with multifamily residential units that submitted Planning Applications prior to the effective date of this ordinance.

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8 3. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section. (b) Green Building Code Section 4.106.4.2, "New multifamily dwellings, hotels and motels and new residential parking facilities," is amended to read as follows:

4.106.4.2 New multifamily dwellings and new residential parking facilities.

Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.
(c) Green Building Code Section 4.106.4.2.1, "Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms," is amended to read as follows:

4.106.4.2.1 New Construction. Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space.

EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less. (d) Green Building Code Section 4.106.4.2.2, "Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms," is amended to read as follows:

4.106.4.2.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Notes:

1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
(e) Green Building Code Section 4.106.4.2.2.1 "Electric vehicle charging stations (EVCS)" is not adopted

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8 (f) Green Building Code Section 4.106.4.2.2.1.1 "Location" is not adopted (g) Green Building Code Section 4.106.4.2.2.1.2 "Electric vehicle charging stations (EVCS) dimensions" is not adopted
(h) Green Building Code Section 4.106.4.2.2.1.3 "Accessible EV spaces" is not adopted
(i) Green Building Code Section 4.106.4.2.3 "EV Space requirements" is not adopted
(j) Green Building Code Section 4.106.4.2.4 "Identification" is not adopted (k) Green Building Code Section 4.106.4.2.5 "Electric Vehicle Ready Space Signage" is not adopted
(l) Green Building Code Section 4.106.4.3 "Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings," is amended, and adds new subsections to read as follows:

4.106.4.3 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2 shall comply with Section 4.106.4.3.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.3.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.1 and Section

4.106.4.3.2.

4.106.4.3.2 Dimensions. The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

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8 2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

Exception: Where the City's Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section

4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B- 812, as applicable.
(m) Green Building Code Section 4.106.4, "Electric vehicle (EV) charging for new construction," is amended to add a new subsection and read as follows:

4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

23.70.050 Local Amendment Regarding Electric Vehicle Charging for New Non- residential Construction
(a) Green Building Code Section 5.106.5.3, "Electric vehicle (EV) charging," is amended, and adds new subsections to read as follows:

5.106.5.3 Electric vehicle (EV) charging. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section

5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:
(1) On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:

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8 (A) Where there is no local utility power supply.
(B) Where the local utility is unable to supply adequate power. (C) Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. (2) Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.
(3) New Construction. Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities. (4) New Construction Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.
(5) New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
(b) Green Building Code Section 5.106.5.4 "Electric vehicle (EV) charging: medium-duty and heavy-duty," is amended to read as follows:

5.106.5.4 Electric vehicle (EV) charging readiness. Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For

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8 EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

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8 Exceptions:
(1) On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
(A) Where there is no local utility power supply.
(B) Where the local utility is unable to supply adequate power. (C) Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

23.70.060 Local Amendment Regarding All-Electric Requirements for New Residential Construction
Repealed.

23.70.070 Local Amendment Regarding All-Electric Requirements for New Nonresidential Construction
Repealed.

23.70.080 Local Amendment Regarding Electrification Requirements for Existing Residential Buildings
(a) Green Building Code Section 4.106 "Site Development" is amended and to include new subsections as follows:

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8 4.106.5.3 Existing one- and two-family dwellings.

4.106.5.3.1 Reserved.

4.106.5.3.2 Reserved.

4.106.5.3.3 Kitchen alterations shall include a 240v, 50 ampere circuit and receptacle installed within 3 feet of the cooktop, oven, and/or range location.

4.106.5.3.4 Alterations to areas designated for the installation of laundry equipment shall include a 240v, 30 ampere circuit and receptacle installed within 3 feet of clothes drying appliance location.

4.106.5.4 Existing residential buildings.

4.106.5.4.1 Alterations or additions that involve or require an increase to the capacity of electrical panels or transformers as part of the scope, the electrical panel shall include reserved physical space for overcurrent protection devices, and transformers shall include reserved electrical capacity, as calculated per California Electric Code Section 220 for the following current or proposed appliances, as applicable to the project site, that will not be connected to fuel gas infrastructure:

1. Electric water heaters meeting the requirements of the California Energy Code.

2. Electric space heater and air-conditioner meeting the requirements of the California Energy Code.

3. Electric pool and/or spa water heater.

4. Electric clothes dryer.

5. Electric cooking equipment.

6. Electric vehicle charger
Exceptions:

1. Buss bar electrical capacity shall not be required to exceed the proposed utility electrical service to the building. Capacity and overcurrent protection spaces shall be reserved in the priority listed above to the extent allowable under the proposed buss bar capacity.

2. Reserved electric vehicle charger panel capacity may be shared with one of the following: water heater, clothes dryer, or cooking equipment.

3. Electrical panels with internet-connected overcurrent protection devices that monitor circuit load and manage power distribution.

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8 23.70.090 Expiration
These local code amendments shall sunset when the California Green Building Standards Code, 2022 Edition, is no longer in effect.

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2025 Triennial
Code Adoption
Michael Titsworth - Deputy Director / Building Official Mary Eusebio - Deputy Building Official
Community Development Department

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2025 Triennial Building Code Update
RECOMMEMDATION:
• Amendment of various sections of the San Mateo Municipal Code Title 23 Buildings and Construction, including those to reflect the 2025 California Building Standards Code. • Amend with clerical updates to Chapters 23.44 EV Charging Stations and 23.46 Small Residential Rooftop Solar Energy Systems.
• Adopt the new Wildland-Urban Interface (WUI) Code, which addresses the growing risk of wildfire in areas where urban development meets or intermingles with wildland vegetation. • Adopt a Resolution with express findings supporting local amendments to the 2025 California Building Standards Code

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ASSEMBLY BILL 130 COMPLIANCE
• AB 306 (prior bill): Attempted to freeze residential building codes for extended periods, effectively limiting the ability of jurisdictions to apply updated safety standards at the local level. • AB 130 (current law): Approved by the Governor June 30, 2025, as part of a budget trailer bill package.

Amendments are tied to the specific allowances under H&S §17958.5 and §17958.7, which permit local changes to the California Building Standards Code commencing October 1, 2025, to June 1, 2031, only if the local changes are:

1. Substantially equivalent to prior approved local modifications;

2. Necessary as emergency standards to protect public health and safety;

3. Related to wildfire/home hardening measures;

4. Related to adoptions by the local fire prevention district;

5. Changes or modifications necessary to implement and align with approved General Plan; or

6. Related to administrative practices for efficiency, cost reduction, or modernization of processes. • Key distinction: AB 130 strikes a balance between predictability for developers and local flexibility to address critical health, safety, and wildfire risks—whereas AB 306 largely blocked local adaptation of residential codes.
• Local amendments proposed for 2025 are narrow in scope, focusing on seismic safety, fire protection, and energy resilience, consistent with the state’s intent.

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2025 Triennial Building Code Update:
• The California Building Standards Code (CBSC or State Code) is published in its entirety every three years, with supplements published in intervening years. • Specific Codes: Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, (New) Wildland-Urban Interface, Historical, Fire, Existing Building, Green Building, and Reference Standards Codes. • Effective Date: January 1, 2026.
• The last local and Triennial State Code Update was in 2022 and took effect on January 1, 2023.
• REACH CODES: This update under consideration, does not contain local amendments to the model Energy and Green Building Codes. City Council will review REACH Codes in a separate report at a future date.

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Municipal Code
Title 23 BUILDING & CONSTRUCTION
This code adoption proposal is like most code adoption years adopting the most current version of the 2025 Model State Codes with local amendments. • Update the municipal code to align with the new state code for the next three- year code cycle.
• Correct improper references to the model codes.
• Add local amendments known as Code Appendices, to increase public safety, streamline and expedite some processes, and align requirements in Residential and Building Codes.
• Adopt the new Wildland-Urban Interface (WUI) Code as Chapter 23.29, which addresses the growing risk of wildfire in areas where urban development meets or intermingles with wildland vegetation.

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23.07 RESIDENTIAL CODE
Amendments
Chapter R602
• Provides greater seismic design for wall bracing materials.

Appendix BF – Patio Covers:
• Streamlines and expedites processing of recreational project permits not exceeding 12’ in height.

Appendix BG - Sound Transmissions:
• Increases the well-being of building occupants by mitigating the sound transmission from other spaces and between dwelling units.

Appendix CI - Swimming Pool Safety Act:
• Enhanced safety measures for swimming pools and spas in residential settings.

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23.08 BUILDING CODE
Amendments
Chapters 15, 17, 23, and 31:
• 1505 - Greater fire resistance of roof coverings in all construction types. • 1705 - Enhances regional consistency in the application of requirements for special inspection.
• 2308 - Provides greater seismic design requirements.
• 3109 - Provides enhanced regional consistency and safety protection of pool and spa users
• 3110 - Provides additional safety measures that reduce the risk of death or injury from gates that may detach from supporting hardware.

Appendix G – Flood Resistant Construction:
• Ensures local compliance with Federal Emergency Management Agency (FEMA) requirements of construction in flood plains.

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23.29 WILDLAND-URBAN INTERFACE CODE
• The newly created Wildland-Urban Interface (WUI) Code addresses the growing risk of wildfire in areas where urban development meets or intermingles with wildland vegetation.
• Its purpose is to establish consistent construction and defensible space standards that enhance community resilience and reduce wildfire loss.
• The new California WUI Code consolidates provisions that were previously scattered across multiple codes, including:
• California Residential Code (CRC): Requirements for ignition-resistant construction, such as roofing, exterior walls, and vents. • California Building Code (CBC): Structural fire safety, materials testing, and performance-based design criteria.
• California Fire Code (CFC): Operational standards for defensible space, access, water supply, and vegetation management.

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RECOMMENDATION
Adopt a Resolution to set forth express findings that amendments to the 2025 Building Standards Codes are reasonably necessary based on local climatic, topographical, or geological conditions; and, introduce an Ordinance to amend San Mateo Municipal Code Chapter 23 “Buildings and Construction” to adopt the 2025 Building Standards Code by reference with local amendments; amend various sections of San Mateo Municipal Code Title 23 “Buildings and Construction”; update procedural language and revise miscellaneous sections; add Chapter 23.29 “Wildland-Urban Interface Code”

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Thank You
Michael Titsworth
Deputy Director and Building Official
Community Development Department
[email protected]
650-522-7195
Mary Eusebio
Deputy Building Official
Community Development Department
[email protected]
650-522-7194

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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: NEW BUSINESS Account Number: 10-3159 File ID: 25-10232 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: October 20, 2025
SUBJECT:

Establish the Civic Arts Committee as a Standing Commission – Ordinance Introduction RECOMMENDATION:

Introduce an Ordinance to amend the San Mateo Municipal Code to add Chapter 2.22 and amend Chapter 23.60 to change the “Civic Arts Committee” to the “Civic Arts Commission,” establish its powers and duties, implement term limits and update the appointment process to align with other City boards and commissions.

BACKGROUND:

On March 3, 2025, the City Council directed staff to bring the Civic Arts Committee appointment process and term limits into alignment with other boards and commissions. The Committee was formed in 2008 as a special advisory committee, subject to the provisions of section 6.09 of the San Mateo City Charter, which includes renewal every two years. Since the Civic Arts Committee has now existed for over 17 years and serves an ongoing function to support the Art in Public Places Program, it is recommended that the code be updated to establish the Committee as a standing commission. This would bring the Civic Arts Committee into alignment with other City boards and commissions and establish a new chapter (2.22) in Title 2 of the Municipal Code.

Within this new chapter, Section 2.22.010 (Organization) sets the body’s size, makeup, and appointment process. Section

2.22.020, (Meetings,) sets the criteria for scheduling and running meetings, and Section 2.22.030 (Powers-Duties) sets the roles and responsibilities of the Commission. Chapter 23.60 (Art in Public Places) has been amended to remove the establishment of the Civic Arts Committee, which has been moved to Chapter 2.22, and update references from “Civic Arts Committee” to “Civic Arts Commission.” Section 23.60.100 currently requires the Committee to submit an annual plan to City Council on the status of the Art in Public Places Program; this section proposes to have the Commission provide a report every two years, which aligns with current practices.

Per Section 6.05 of the San Mateo City Charter, members of “boards and commissions shall be appointed for terms of four years, except that if the ordinance provides, initial terms may be pared by lot as necessary so that each year one or more terms will expire.” The proposed Ordinance includes language that the first members appointed to the Commission shall be determined by lot at their first meeting so that each year at least one term will expire in order to align with the City Charter.

BUDGET IMPACT:

The administration of the Art in Public Places Program and the preparation of this ordinance is funded in the Community Development Department’s annual operating budget and does not impact the City’s General Fund.

ENVIRONMENTAL DETERMINATION:

This Ordinance introduction 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).)

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CITY OF SAN MATEO
NOTICE PROVIDED:

All meeting noticing requirements were met and further included the publishing of a public notice in a newspaper of general circulation at least 10 days in advance of the public meeting.

ATTACHMENTS
Att 1 – Proposed Ordinance
Att 2 – Proposed Ordinance (Track Changes)

STAFF CONTACT
Jennifer Rosas, Business Manager
[email protected]
(650) 522-7164

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DRAFT ORDINANCE
An Ordinance Adding San Mateo Municipal Code Chapter 2.22 and Amending Chapter 23.60 to update the Civic Arts Committee to be a Standing City Commission
WHEREAS, on March 3, 2025, the City Council directed staff to update San Mateo Municipal Code (“SMMC”) Chapter 23.60 to bring the Civic Arts Committee (“Committee”) into alignment with the appointment and term limits practices of other City advisory bodies; and WHEREAS, the Committee was formed in 2008 as a special committee subject to the provisions of Section 6.09 of the San Mateo City Charter to support administration of the Art in Public Places Program; and WHEREAS, the City Council has renewed the Civic Arts Committee every two years since its formation and now desires that it continue as a standing City commission; and WHEREAS, the applicable sections of the Art in Public Places Ordinance (SMMC Chapter 23.60) are updated to reflect the title of the Civic Arts Commission.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Chapter 2.22 of the San Mateo Municipal Code is added to Title 2 as follows:

Chapter 2.22
Civic Arts Commission

2.22.010 Organization.

The Civic Arts Commission of the City shall consist of no more than five members appointed by the Council. In making appointments, the Council shall prioritize appointing applicants who display an interest in and appreciation of art, architecture, local business, or the broader art community.

Each member of the Civic Arts Commission shall serve at the pleasure of the Council and for a term of four years or until the appointment of a successor, except that the initial terms of the first members appointed shall be determined by lot at their first meeting so that each year at least one term will expire. Thereafter, all appointments shall be for a term of four years. No member shall be eligible for reappointment after serving two consecutive four-year terms.

2.22.020 Meetings.

The Civic Arts Commission shall elect a chair and vice-chair to serve at the pleasure of the Commission.

A regular time and place of meetings shall be established and adhered to in the manner of holding public meetings for legislative bodies in the state. All meetings shall be open to the public unless otherwise provided by law.

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4 2.22.030 Powers – Duties.

It shall be the duty of the Civic Arts Commission, as an advisory body to the City Council, to advise on policies and programs related to public art as assigned and to carry out the duties as established in Chapter

23.60 (Art in Public Places).

Section 2. Section 23.60.020 of the San Mateo Municipal Code is amended as follows:

23.60.020 Program Execution.

The Civic Arts Commission and the Community Development Department shall carry out the duties established by this chapter.

Section 3. Section 23.60.080 of the San Mateo Municipal Code is amended as follows:

23.60.080 Approval for Placement of Artwork on Private Property (a) Completed applications shall be submitted to the Community Development Department for review of the artwork.
(b) The Community Development Department shall present the completed application to the Civic Arts Commission. The Civic Arts Commission shall review the application for installation of the artwork considering its proposed location, the aesthetic quality and harmony with the proposed project, and the public accessibility to the artwork, including any recommended conditions of approval. (c) The Civic Arts Commission shall approve a request to install artwork on private property, if it finds:
(1) The aesthetic quality of the artwork merits approval; (2) The location of the proposed artwork is compatible and in harmony with the proposed development project and with the character of adjacent developed parcels; and (3) There is sufficient public accessibility to the artwork. (d) The decision of the Civic Arts Commission is subject to a fifteen-day review period by the City Council, and then becomes final. During this fifteen-day review period, any person may appeal a Civic Arts Commission decision to the City Council, who shall conduct a hearing thereon. The decision of the City Council shall be final.

Section 4. Section 23.60.100 of the San Mateo Municipal Code is amended as follows:

23.60.100 Artwork on Public Property
(a) Every two years, the Civic Arts Commission shall prepare and submit to the City Council a report for the Art in Public Places Program. The report shall include a discussion of the amount of money in the Art in Public Places Fund ("the Fund"), any plans for the expenditure of money from the Fund, and any other matters the Civic Arts Commission deems appropriate to include in the report.

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4 (b) Before money from the Fund is expended to purchase and install artwork on public property, the Civic Arts Commission shall consider the proposed expenditure and make a recommendation on the proposal to the City Council. In addition, at any time the Civic Arts Commission may make a recommendation to the City Council to purchase a particular artwork to be displayed on public property. Any recommendations made under this provision shall include the type of artwork considered, an analysis of the constraints applicable to placement of the artwork on a site, the need for and practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork.

Section 2. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15378(b)(5), this action is an administrative activity that will not result in direct or indirect physical changes in the environment.

Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 4. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 5. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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1 Proposed Amendments (Track Changes)
Adding San Mateo Municipal Code Chapter 2.22 and Amending Chapter 23.60 to update the Civic Arts Committee to be a Standing City Commission Click or tap here to enter text.

CHAPTER 2.22 CIVIC ARTS COMISSION

2.22.010 Organization.

The Civic Arts Commission of the City shall consist of no more than five members appointed by the Council. In making appointments, the Council shall prioritize appointing applicants who display an interest in and appreciation of art, architecture, local business, or the broader art community.

Each member of the Civic Arts Commission shall serve at the pleasure of the Council and for a term of four years or until the appointment of a successor, except that the initial terms of the first members appointed shall be determined by lot at their first meeting so that each year at least one term will expire. Thereafter, all appointments shall be for a term of four years. No member shall be eligible for reappointment after serving two consecutive four-year terms.

2.22.020 Meetings.

The Civic Arts Commission shall elect a chair and vice-chair to serve at the pleasure of the Commission. A regular time and place of meetings shall be established and adhered to in the manner of holding public meetings for legislative bodies in the state. All meetings shall be open to the public unless otherwise provided by law.

2.22.030 Powers – Duties.

It shall be the duty of the Civic Arts Commission, as an advisory body to the City Council, to advise on policies and programs related to public art as assigned and to carry out the duties as established in Chapter 23.60 (Art in Public Places).

23.60.020 PROGRAM EXECUTION.

The City of San Mateo Civic Arts Commission Committee and the cCommunity dDevelopment dDepartment shall carry out the duties established by this chapter. The Civic Arts Committee shall be comprised of one ex officio member of the City Council selected by the City Council; one member of the Planning Commission nominated by the Planning Commission; one representative of the business community nominated by the San Mateo Chamber of Commerce, or its successor organization; a member of City Arts, Inc. nominated by that organization, or its successor organization; a professional in an arts related field nominated by City Arts, Inc., or its successor organization; and an architect nominated by the local chapter of the American

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1 Institute of Architects. All members of the Civic Arts Committee shall be appointed by the City Council. The Civic Arts Committee shall be a special committee subject to the provisions of Section 6.09 of the San Mateo City Charter.

23.60.080 APPROVAL FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY. (a) Completed applications shall be submitted to the community Community development Development department Department for review of the artwork. (b) The CCommunity dDevelopment dDepartment shall present the completed application to the Civic Arts CommitteeCommission. The Civic Arts Committee Commission shall review the application for installation of the artwork considering its proposed location, the aesthetic quality and harmony with the proposed project, and the public accessibility to the artwork, including any recommended conditions of approval. (c) The Civic Arts Committee Commission shall approve a request to install artwork on private property, if it finds:
(1) The aesthetic quality of the artwork merits approval; (2) The location of the proposed artwork is compatible and in harmony with the proposed development project and with the character of adjacent developed parcels; and (3) There is sufficient public accessibility to the artwork. (d) The decision of the Civic Arts Committee Commission is subject to a fifteen-day review period by the City Council, and then becomes final. During this fifteen-day review period, any person may appeal a Civic Arts Committee Commission decision to the City Council, who shall conduct a hearing thereon. The decision of the City Council shall be final.

23.60.100 ARTWORK ON PUBLIC PROPERTY.
(a) Each yearEvery two years, the Civic Arts Committee Commission shall prepare and submit to the City Council an annual plana report for the Art in Public Places Program. The annual planreport shall include a discussion of the amount of money in the Art in Public Places Fund ("the Fund"), plans for the expenditure of money from the Fund during the year, a description of efforts to raise funds from other sources to be deposited into the Fund, and any other matters the Civic Arts Committee Commission deems appropriate to include in the planreport.
(b) Before money from the Fund is expended to purchase and install artwork on public property, the Civic Arts Committee Commission shall consider the proposed expenditure and make a recommendation on the proposal to the City Council. In addition, at any time the Civic Arts Committee Commission may make a recommendation to the City Council to purchase a particular artwork to be displayed on public property. Any recommendations made under this

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1 provision shall include the type of artwork considered, an analysis of the constraints applicable to placement of the artwork on a site, the need for and practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork.

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Ordinance Introduction
Civic Arts Committee
Jennifer Rosas, Business Manager
Community Development Department
October 20, 2025

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Background
• The Civic Arts Committee (CAC) was formed in 2008 as a special advisory committee
• Subject to section 6.09 of the City Charter, the CAC has been renewed every two years since it was established
• On March 3, 2025 the City Council directed staff to bring the CAC appointment process and term limits into alignment
with other boards and commissions

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Recent Artwork
Racial Equity Art Mural, Artist: Rafael Blanco Remembrance Poppy, Fallen Heros Art Memorial, Central Park, Artist: RRM Design Group
Kiku Crossing (above), Artist: Harumo Sato

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Purpose of Amendments
• The CAC serves an ongoing function to support the Art in Public Places Program
• To implement term limits and change the appointment process requires changing the CAC to a standing commission
• A new section under Title 2 of the Municipal Code may be established to create the standing Civic Arts Commission • Sections of Chapter 23.60 must be updated to reflect the name change and remove references to the required composition of appointed seats

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Commission Composition
• Per SMMC 23.60, the current CAC composition requirements:
• Chamber of Commerce Representative
• AIA Architect Representative
• Professional Artist Representative
• Planning Commission Representative
• City Arts of San Mateo Representative
• Per the new SMMC 2.22, CAC composition requirements:
• Five members appointed by the Council, with standard term limits • Priority for applicants who display an interest in and appreciation of art, architecture, local business, or the broader art community

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Recommendation
Introduce Ordinance to add SMMC Chapter 2.22 and amend SMMC

23.60 to update the Civic Arts Committee to be a standing city commission and change the name to Civic Arts Commission • Adoption would be scheduled for the next regularly schedule City Council meeting and go into effect 30 days after
• This ensures that the update appointment process will be included in the spring recruitment for all boards and commissions

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