3 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
between
City of South San Francisco
and
San Mateo District Harbor District
This First Amendment (this “First Amendment”) to the Memorandum of Understanding effective May 8, 2025 (the “MOU”), is executed and entered into this 19th day of August, 2026, by and between the City of South San Francisco, a municipal corporation (the "City"), and the San Mateo District Harbor District, a special district and political subdivision of the State of California (the “District”). The City and the District are sometimes individually referred to herein as “Party” and collectively as “Parties”.
RECITALS
A. On September 11, 2024, the City adopted South San Francisco Municipal Code Chapter 8.78 (the “Mooring Ordinance”) to provide regulations for mooring in the City’s navigable waterways which incorporate portions of the California Harbors and Navigation Code regarding removal and disposal of “marine debris” as that term is defined in California Harbors and Navigation Code section 550(b) (“Marine Debris”).
B. Enforcement of the Mooring Ordinance is mutually beneficial to the Parties and they desired to cooperate and coordinate efforts pursuant to the MOU beginning on the Effective Date, under the terms and conditions as set forth therein.
C. The Parties now desire to enter into this First Amendment to identify additional services to be provided by the District to effectuate enforcement of the Mooring Ordinance.
AGREEMENT
In consideration of the promises and mutual covenants herein contained, the Parties hereby agree as follows:
1. All Recitals of the MOU remain valid under this First Amendment, and additional Recitals contained within this First Amendment are hereby incorporated into the MOU.
2. Section 3 of the MOU is hereby amended as follows with additional text indicated in underlining and deleted text in strikethrough:
3 The District, at no charge, may provide the following services listed in subsections (a) through (c) on behalf of the City upon request by the City (collectively “Services”):
(a) Evaluation of objects identified by the City and located in the Marina Property or City’s navigable waterways to determine if the object is Marine Debris; and (b) When the evaluation pursuant to subsection 3(a) results in a determination that the object is Marine Debris, provision of a written declaration on a form provided by the City supporting the District’s basis for such determination. (c) The District shall have no obligation to, but may upon request, provide testimony or participate in enforcement of any determination. (d) The City shall provide access and assistance as reasonably required for the District to perform the evaluation.
The District may provide the services listed in subsection (e) and (f) on behalf of the City upon request by the City and the City will reimburse the District for costs incurred in providing the services in subsection (e) only (“Towing Costs”) unless the registered vessel owner remits the Towing Costs to the District pursuant to subsection (f). If the registered vessel owner fails to remit the Towing Costs within the timeframe provided by subsection (f), then the District shall invoice the City within 30 days of incurring the Towing Costs and the City shall remit payment within 30 days of receipt of the invoice:
(e) Towing of vessels that are registered with the California Department of Motor Vehicles (DMV) (current or expired), which the City has identified as noncompliant with the Mooring Ordinance, to Dock 7 of the Oyster Point Marina or other secure dock that is mutually agreeable to both the City and District. (f) Pursuant to the Mooring Ordinance and California Harbors and Navigation Code (HNC), the towed vessels shall remain at the secure dock for ten (10) calendar days after removal (“Recovery Period”) to allow the registered owner to provide proof of ownership and payment of all costs incurred by the City and the District to enforce the Mooring Ordinance in order to recover the vessel (collectively, “Costs”). District staff shall within the Recovery Period: i) allow access to the secured dock to registered vessel owners during regular business hours; ii) ensure an individual seeking recovery of a vessel possesses sufficient proof of ownership of such registered vessel; and iii) collect all Costs due. If the registered owner remits Costs in excess of the Towing Costs to the District, the District shall disburse such to the City within five (5) business days of receipt.
If the registered vessel owner fails to recover the vessel during the Recovery Period pursuant to the requirements of this subsection, then the City shall cause its agent to thereafter remove and destroy the non-compliant vessel. 3 3. Section 5(a) of the MOU is hereby amended and restated in its entirety to read as follows:
(a) Indemnities. To the fullest extent permitted by law, City shall defend (with legal counsel reasonably acceptable to the District), indemnify and hold harmless District and its Board, officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all third-party claims, suits, actions, losses, costs, damages, injuries, expenses and liabilities of every kind, nature and description, at law or equity (including, without limitation, incidental and consequential damages), and reasonable attorneys’ fees and costs, litigation expenses, court costs, and fees of expert consultants or expert witnesses, and costs of investigation (collectively “Defense Costs”) that arise from, relate to or pertain to, directly or indirectly, in whole or in part, the services provided by the District pursuant to Section 3 performed during the term of this Agreement except to the extent arising from the negligence or willful misconduct of the District (collectively “Liabilities”). City shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnitees except to the extent that liability is caused by the Indemnitees’ negligence or willful misconduct, but shall apply to all other Liabilities. The City does not and shall not waive any rights it may have against the District under this MOU or as granted by law or in equity by reason of this indemnity and hold harmless provision (collectively “City Claims”) and does not indemnify or hold harmless District from City Claims.
4. Except as expressly amended hereby, the MOU remains in full force and effect as originally executed. All rights and obligations of the Parties under the MOU that are not expressly amended by this First Amendment shall remain unchanged.
SIGNATURES ON THE FOLLOWING PAGE
3 IN WITNESS WHEREOF, the parties have caused this First Amendment to the MOU to be executed by their duly authorized representatives as of the dates indicated below:
APPROVED AS TO FORM
Trisha Ortiz, RWG
District Counsel
SAN MATEO COUNTY HARBOR
DISTRICT
James B. Pruett
General Manager
ATTEST:
Rosa Govea Acosta
City Clerk
APPROVED AS TO FORM:
Sky Woodruff
City Attorney
CITY OF SOUTH SAN FRANCISCO
Laura Snideman
City Manager
James Pruett (Aug 24, 2026 11:30:14 PDT)
Trisha Ortiz (Aug 24, 2026 11:54:33 PDT)
Trisha Ortiz
Isabell Thevessen (Aug 26, 2026 07:17:49 PDT)
Isabell Thevessen
Laura Snideman (Aug 27, 2026 09:41:53 PDT)
Laura Snideman
MOU Local Agreement Prop C
Final Audit Report 2026-08-27
Created: 2026-08-24
By: Melanie Wright ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA4FcVPWUgD-Lbdk6E6WzquGyBU4UddtNK "MOU Local Agreement Prop C" History
Document created by Melanie Wright ([email protected]) 2026-08-24 - 6:25:41 PM GMT
Document emailed to James Pruett ([email protected]) for signature 2026-08-24 - 6:25:46 PM GMT
Email viewed by James Pruett ([email protected])
2026-08-24 - 6:29:54 PM GMT
Document e-signed by James Pruett ([email protected]) Signature Date: 2026-08-24 - 6:30:14 PM GMT - Time Source: server - Signature Appearance Selected: MOBILE_DRAW Document emailed to Trisha Ortiz ([email protected]) for signature 2026-08-24 - 6:30:16 PM GMT
Email viewed by Trisha Ortiz ([email protected])
2026-08-24 - 6:50:48 PM GMT
Document e-signed by Trisha Ortiz ([email protected])
Signature Date: 2026-08-24 - 6:54:33 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to Sky Woodruff ([email protected]) for signature 2026-08-24 - 6:54:34 PM GMT
Email viewed by Sky Woodruff ([email protected]) 2026-08-25 - 11:29:41 PM GMT
Document signing delegated to Isabell Thevessen ([email protected]) by Sky Woodruff ([email protected])
2026-08-25 - 11:30:14 PM GMT
Document emailed to Isabell Thevessen ([email protected]) for signature 2026-08-25 - 11:30:14 PM GMT
Email viewed by Isabell Thevessen ([email protected]) 2026-08-26 - 2:01:55 PM GMT
Document e-signed by Isabell Thevessen ([email protected]) Signature Date: 2026-08-26 - 2:17:49 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to Laura Snideman ([email protected]) for signature 2026-08-26 - 2:17:51 PM GMT
Email viewed by Laura Snideman ([email protected]) 2026-08-27 - 4:40:55 PM GMT
Document e-signed by Laura Snideman ([email protected]) Signature Date: 2026-08-27 - 4:41:53 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to Rosa Govea Acosta ([email protected]) for signature 2026-08-27 - 4:41:56 PM GMT
Document e-signed by Rosa Govea Acosta ([email protected]) Signature Date: 2026-08-27 - 10:16:09 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Agreement completed.
2026-08-27 - 10:16:09 PM GMT