HomeMy WebLinkAboutAgenda Packet - CC - 2016.07.05City of Burlingame
Meeting Agenda - Final
City Gouncil
BURLINGAIUE CITY HALL
50,1 PRIMROSE ROAD
BURLINGAME, CA 94010
Tuesday, July 5, 2016 7:00 PM Council Chambers
CLOSED SESSION - 5:45 p.m. - Conference Room A
a. Approval of the Closed Session Aqenda
b. Closed Session Communitv Forum: lVembers of the Public Mav Address the Council
on any ltem on the Closed Session Aqenda at this Time
c. Adiournment into Closed Session
d.Conference with r Neqotiator Pursuant to Govern 54957.6(a) City
rs: Les man rkheimer
Emplovee Orqanization : AFSCM E/BAIV M
Note: Pubtic comment is permitted on all action ifenrs as noted on the agenda below and in the
non-agenda public comment provided for in item 7.
Speakers are asked to fitt out a "request to speak" card located on the table by the door and
hand it to staff, atthough the provision of a name, address or other identifying information is
optional. Speakers are limited to three minutes each; the Mayor may adiust the time limit in
light of the number of anticipated speakers.
Atl votes are unanimous unless separately noted for the record.
1. CALL TO ORDER - 7:00 p.m. - Council Chambers
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. REPORT OUT FROM CLOSED SESSION
5. UPGOMING EVENTS
6. PRESENTATIONS
a. Commendation for Officer Saba
Clty of Burtingame
Page I
Ptinhd
on 6/J
City Council Meeting Agenda . Final July 5, 2016
7. PUBLIC COMMENTS, NON.AGENDA
Members of the public may speak about any item not on the agenda. llembers of the public wishing to
suggesf an item for a future Council agenda may do so during this public comment period. The Ralph M.
Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter
that is not on the agenda.
8. APPROVAL OF CONSENT CALENDAR
Consent calendar items are usually approved in a single motion, unless pulled for separate discussion.
Any member of the public wishing to comment on an item listed here may do so by submifting a speaker
slip for that item in advance of the Council's considerction of the consent calendar.
ADoroval of Citv Council [/no lvlinutes June 20. 2016a
b. Adoption of a Resolution Awardinq a Construction Contract to Golden Bav
Con struction. lnc.. for the Ba vfro nt ADA lm rovements Po roiect. C P ror ect No. 83840
and Authorizino e Citv lvlanaoer to Execute the Construction Co
Atlachfients Staff Report
Resolution
Bid Summarv
Pro Location l\,4a
Constructlon Contract Aqreement
Aoproval of lnvestment Poli CV for Fi scal Year 2016-17
n ract
Attachments Staff Reoort
PFIV Review Memo
m nt of lnvestment Polic
d. Adoption of a Resolution Authorizino the Citv Manaoer to Execute a One-Year S e rvtce
e.
Order for lnformation Technoloov Services from the Citv of Redwood Citv
Altachments:Staff Reoort
Resolution
Contract
Adootion of a Resolution vino the Citv of Burlin me Resoonse Letter to the S anAppro
Mateo Coun tv Civil Grand Ju rv ReDort "Bodv Cameras-The Reel T ruth"
Attachments:Staff Reoort
Resolution
Grand Jurv ResDon Letter
ras - The Reel Truth
CitY ofBurlingame
Gran d Jury Bodv Came
Paq€ 2
P/inred oh 6/30/2016
Atlachmenls: l\y'eetino Minutes June 20.20'16
c.
City Council Meeting Agenda - Final July 5,2016
f. Adoption of a Resolution Authorizino the Citv lvlanaoer to Execute a Professional
Services Aqreement with Bureau Veritas North America, lnc. Re lated to Plan Check
and lnsoection Services Provided bv the Communitv Development Department
Statf Reoort
Resolution
Contract
9. PUBLIC HEARINGS (Public Comment)
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
a n of a Resolution th I\,4 ana er to Exe
Understandinq R eoardino the Burlinqame Poi t Develooment
Attachments:Staff Report
Resolution
l\,4emorandum of U nderstandino
Direction on Remova I of Garbaoe Containers After Collection in Commercial Areas
m
b
c
Attachnents: Staff Reoort
Direction on Possible Adiustm ents to Construction Hours
Atlechmenls Staff Report
d, lnformationalReport:Enforceabili tv of Restrictions o n Livinq in Vehicles
Attachments: Statf Report
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers repoft on committees and activities and make announcements.
12. FUTURE AGENDA ITEMS
{3. ACKNOWLEDGMENTS
a.Commissio lvleetino Mrnutes: Libra Board of Trustees - l\rl av 24. 2016
14. ADJOURNMENT
Ciry or Burrngama
Page J
Priot l oo t/l
Buildino Division for Fiscal Year 2016-1 7: and Authorization to Pav for Past Services
Rendered
Aaachmen,s:
City Council Meeting Agenda - Final July 5, 2016
Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at
(650)555-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for
public review at the City Cletk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m.
before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and
minutes are available at this site.
NEXT CITY COUNCIL MEETING - Next regular City Council Meeting'Monday, August 1'
2016 (if needed) or Monday, August 15, 2016
VIEW REGULAR COUNCIL MEETING ONLINE AT WVI/W.BURLINGAME.ORG . GO TO
.'CITY COUNCIL VIDEOS"
Any writings or documents provided to a majority of the City Council regarding any item on this
agenda will be made available for public inspection at the Water Office counter at City Hall at 501
Pimrose Road during normal business hours.
Cit1otBultn$lttts
Page 4
Print.., on 6/30/2016
Agenda Item 8a
Meeting Date: 7/O5/L6
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting on June 20,2016
1. CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall
Council Chambers.
2. PLEDGE OFALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Rosalie McCloud.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran
MEMBERS ABSENTz Ortiz
4.REPORT OUT FRO CLOSED SESSION
The Council met in closed session but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Keighran reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
a. PRESENTA TION OF NINE SPOR AWARDS
Parks and Recreation Supervisor Tim Barry explained that the Parks and Recreation department works
closely with the Burlingame Elementary School District to provide quality after-school sports programs. He
explained that each year, the Parks and Recreation department honors middle school students who
participated in three sports each year of middle school for a total of nine sports. He stated that this year, they
had thirteen students who completed nine sports.
Mr. Barry presented certificates to the following students: Brendan Creeks, Laura Ehrlich, Michelle Fan,
Dakota Frelin, James Gordon, Samantha Kershner, Liam Kilbridge, Anthony Maida, Brennan McDonald,
Diana Milne, Jillian Stewart, Caden Thun, and Luke Watson.
Burlingame City Council
Unapproved Minutes
Jure 20,2016
I
Congratulations to these students for their achievement.
1
Agenda Item 8a
Meeting Date: 1/05/L6
7. PUBLIC COMMENTS
Burlingame resident Scott Danielson discussed the Pepper Avenue improvements and thanked the City for
its efforts.
A Burlingame resident spoke about rent protection and the petition that is circulating.
8. CONSENT CALENDAR
Mayor Keighran asked the Councilmembers and the public if they wished to remove any items from the
Consent Calendar. No items were pulled.
Councilmember Brownrigg made a motion to approve the Consent Calendar; seconded by Councilmember
Beach. This motion was approved unanimously by voice vote, 5-0.
Councilmember Colson recused herself from item 8b as she noted in the public hearing, she currently has a
project under review in Community Development that includes a porch.
Vice Mayor Ortiz, although absent from the June 6, 2016 Council Meeting, reviewed the meeting on
Granicus, and therefore was able to vote and approve of the City Council Meeting Minutes.
a. APPROV
CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of June 6,2016.
Vice Mayor Ortiz, although absent from the June 6, 2016 Council Meeting, reviewed the meeting on
Granicus, and therefore was able to vote and approve of the City Council Meeting Minutes.
b. ADOPTION OF AN ORDINANCE RELATED TO FLOOR AREA RATIO (FAR)
EXEMPTIONS FOR COVERED PORCHES AND ADOPTION OF A RESOLUTION
FINDING THAT IMPLEMENTATION OF THE AMENDMENT IS CATEGORICALLY
EXEMPT FROM REVIEW PURSUANT TO SECTION 15305 OF THE GUIDELINES TO
IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
_ MINOR ALTERATIONS TO LAND USE LIMITATIONS
CD Director Meeker requested Council adopt Resolution Number 63-2016 and Ordinance 1928.
Councilmember Colson recused herself from item 8b as she noted in the public hearing, she currently has a
project under review in Community Development that includes a porch.
Resolution Number 63-2016 and Ordinance 1928 were approved unanimously by voice vote, 4-0-1.
c. ADOPTION OF A RESOLUTION G A SALARY RANGE ADJUSTMENT TO
THE CITY LIBRARIAN CLASSIFICATION
HR Loomis requested Council adopt Resolution Number 64-2016.
Burlingame City Council
Unapproved Minutes
2
June 20,2016
Agenda Item 8a
Meeting Datez 7/05/t6
d. ADOPTION OF A RESOLUTION ACCEPTING THE SANCHEZ BYPASS AND
NEIGHBORIIOOD SEWER REHABILITATION PROJECT. PHASE 4. CITY PROJECT
NO.82623
DPW Murtuza requested Council adopt Resolution Number 65-2016.
e. ADOPTION OF A RESOLUTION ING THE AGREEMENTS WITH
MASSMUTUAL AND RELIANCE TRUST COMPANY
HR Loomis requested Council adopt Resolution Number 66-2016.
f. ADOPTION OF A RESOLUTION AMENDING THE CITY OF BURLINGAME CONFLICT
City Attorney Kane requested Council adopt Resolution Number 67-2016.
9. PUBLIC HEARINGS
L. PUBLIC HEARING TO RENEW THE LE\TY AND COLLECTION OF ASSESSMENTS FOR
THE DOWNTOWII BURLINGAME AVENUE STREETSCAPE IMPROVEMENTS
PROJECT FOR FISCAL YEAR 2016.17
DPW Murtuza requested Council adopt Resolution Number 68-2016.
DPW Murtuza reviewed the staff report stating that the Engineer's Report is updated annually to reflect any
changes that may have occurred to property configuration in the Assessment District. He stated that there
were no changes to the prior year annual report. He explained that the total assessment for fiscal year 2016-
17 is $3 10,1 56 which reflects pre-payments by property owners.
Mayor Keighran opened up the item for public hearing. No one spoke
Councilmember Colson made a motion to adopt Resolution Number 68-2016; seconded by Vice Mayor
Ortiz. The motion passed unanimously by voice vote, 5-0.
OPERATING AND CAPITAL AND AUTHORIZING THE FINANCE
DIRECTOR TO ASSIGN USES OF FUND BALANCE AMOUNTS; AND (2) APPROVING
THE GANN APPROPRIATION LIMIT
Finance Director Augustine requested Council adopt Resolution Number 69-2016 and Resolution Number
70-2016.
Finance Director Augustine presented her staff report requesting adoption of the proposed FY 2016-17
Budget. She explained that there were no major changes to the budget since the May I 1,2016 Budget Study
Session. She stated that after the Budget Study Session, the following three changes were made: (1) addition
Burlingame City Council
Unapproved Minutes
J
June 20,2016
OF INTEREST CODE TO REVISE THE LIST OF DESIGNATED OFFICIALS AND
EMPLOYEES
b. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS (1) ADOPTING THE FY 2016.17
Agenda ftem 8a
Meeting Date: 7/05/L6
of $45,000 to Community Groups Funding Program; (2) elimination of duplicated personnel costs; and (3)
the anticipated surplus was corrected to $3.1 million as opposed to the originally stated $2.9 million.
Finance Director Augustine discussed general fund revenues. She stated that although staff continued to
monitor general fund revenues, there were no changes from what was originally stated at the Budget Study
Session. She stated that the general fund expenditures are slightly different and that FTEs were increased for
the coming fiscal year.
As well, she noted that Capital Improvement expenditures are unchanged from the May 11,2016 meeting.
Lastly, she explained the Gann Appropriation limit. She stated that it was a required exercise that places
limits on growth of expenditures for public program. The limit is adjusted annually for changes in cost of
living and population.
Mayor Keighran asked about the unassigned fund balance. Finance Director Augustine stated that in the fall
she would bring this question back to the Council to address what the City will do with surpluses in the
future.
Mayor Keighran asked what the contingency reserve is for. Finance Director Augustine stated that the
contingency reserve is for items that come up and don't fit into any pre-defined category. She stated that the
City Manager has control over this reserve and will bring items/issues as they occur to the Council for their
approval. Mayor Keighran asked if this reserve had been used in the past. Finance Director Augustine
replied in the negative.
Mayor Keighran opened the item up for public hearing. No one spoke.
Councilmember Brownrigg asked about the graphic on the Burlingame Budget Poster that stated that $.47 of
every dollar in Burlingame property tax goes to Burlingame School Districts. He stated that in talking with
the Burlingame School District Superintendent it was brought to his attention that this number was not
correct. The Council discussed how property tax is divided and then appropriated to different districts.
Councilmember Beach asked that the Finance Director look into this matter and get back to the Council with
an answer.
Councilmember Brownrigg recommended that in the section entitled "Your General Fund Dollars Support
Crucial City Services" that critical service areas are listed from highest to lowest in terms of budget.
Councilmember Beach made a motion to adopt Resolution Number 69-2016; seconded by Councilmember
Brownrigg. The motion passed unanimously by voice vote, 5-0.
Councilmember Brownrigg made a motion to adopt Resolution Number 70-2016; seconded by Vice Mayor
Ortiz. The motion passed unanimously by voice vote, 5-0.
Burlingame City Council
Unapproved Minutes
4
June 20,2016
Agenda Item 8a
Meeting Date:7 /Os/L6
10. STAFF REPORTS AND COMMUNICATIONS
a. ADOPTION OF A RESOLUTION APPORVING A MEMORANDUM OF
UNDERSTANDING BETWEEN TEAMSTERS LOCAL 856 AND THE CITY OF
BURLINGAME AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM ON BEHALF OF THE CITY
HR Loomis requested Council adopt Resolution Number 7l-2016
HR Loomis presented the staff report requesting Council approve a memorandum of understanding between
the Teamsters Local 856 and the City of Burlingame. She stated that the terms of the new agreement are
similar to those included in the recent agreements with the AFSCME units and the Department Head
Unrepresented Employees Unit. She explained that some of the differences were that staff will no longer
receive time off on holidays and instead will receive 4.3 hours of holiday per pay period. As well, staff will
be eligible to sell back up to 40 hours of accrued vacation per year.
Mayor Keighran opened the item up for public comment. No one spoke.
Vice Mayor Ortiz made a motion to adopt Resolution Number 71-2016; seconded by Councilmember
Colson. The motion passed unanimously by voice vote, 5-0.
b. APPROVAL OF THE RECOMMENDAT OF COUNCILMEMBERS BROWNRIGG
AND COLSON FOR THE DISTRIBUTION OF $45.OOO IN ADDITIONAL COMMUNITY
GROUPS FT'NDING
Councilmember Brownrigg stated that Councilmember Colson and he reviewed the list of community groups
requesting funding and chose CALL Primrose to receive an additional $20,000 and HIP Housing to receive
an additional $25,000. He stated that as previously discussed by the Council this additional one-time
funding was to help assist with the current economicftrousing hardship that was being felt in the community.
Councilmember Colson stated that they went and visited each of the agencies in person to understand what
they were doing and what the potential uses for the additional funding would be. She stated that their focus
was that this additional funding would benefit the local community.
Mayor Keighran asked if they could elaborate on the $20,000 funding that would be given to CALL
Primrose and how it would benefit the community. Councilmember Brownrigg explained that CALL
Primrose is a food pantry. He stated that currently CALL Primrose is undergoing an interior remodel so that
more floor space can be used as the food pantry and provide a better shopper experience for their customers.
The $20,000 will allow the organization to complete their remodel.
Councilmember Colson explained that the $25,000 funding to HIP Housing was going to be used to fund a
new marketing strategy to bring additional living options onto the market for individuals and small families
of limited means.
Councilmember Beach thanked Councilmember Colson and Brownrigg for their hard work.
Burlingame City Council
Unapproved Minutes
5
June 20, 2016
Agenda Item 8a
Meeting Date: 7/O5/L6
HIP Housing representative Laura Fanucchi thanked the Council for the funding and stated that she would be
back in December to discuss how it had been used.
CALL Primrose representative Terri Boesch thanked the Council and stated that she hoped that by being able
to provide groceries weekly to their clients it would help alleviate their client's housing issues.
Vice Mayor Ortiz made a motion to approve the subcommittee's recommendations; seconded by
Councilmember Beach. The motion passed unanimously by voice vote, 5-0.
c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE SAN MATEO UNION HIGH SCHOOL DISTRICT
REGARDING THE BURLINGAME AO CENTER AT BURLINGAME HIGH
SCHOOL
City Manager Goldman requested Council adopt Resolution Number 72-2016.
City Manager Goldman presented the staff report requesting authorization to execute an agreement with the
San Mateo Union High School District regarding the Burlingame Aquatic Center. She reviewed the
background stating that in November, 1997, the City and District entered into an agreement to jointly fund
the construction of a 25-yard pool at BHS. Then in 1999, through an anonymous donor the pool was
expanded to 50 meters. She explained that between the time the pool opened and2011, the City managed
the scheduling and programing at the pool. However, in 2017, the City contracted with the Burlingame
Aquatic Club (BAC) to operate these programs on the City's behalf.
City Manager Goldman stated that the Council went through many rounds of negotiations with the District
regarding a new agreement for the Burlingame Aquatic Center. In October,2015 the City Manager was able
to reach an agreement on a Term Sheet with the Superintendent. The Term Sheet was approved by the City
Council and the District's Board of Trustees. She stated that the Term Sheet was then developed into the
agreement that is before the Council tonight.
City Manager Goldman reviewed the key terms of the agreement including the following: (1) the City will
pay 78o/o of the maintenance and operating expenses; (2) the City and the District will split capital expenses
on a 50-50 basis; (3) the new agreement will expire on January 1,2026; (3) annual pool maintenance closure
periods are defined in the agreement; (a) the City and the District will split the pool in half during all shared
use times; (5) the District will have exclusive use of the pool during competitions and specified events; and
(6) the City and the District have defined exclusive use periods.
Separately, the City Manager stated that the City and the District will develop an agreement in which the
City provides use of the baseball field at Washington Park to the District, free of charge, for reasonable use
associated with the BHS baseball program. She added that the District believes that they will be able to
schedule time for the public to use the Mills High School gym. However, she stated that at the moment the
BHS gym is not available to the public as it is fully scheduled.
Attomey Kane stated that the effort in the drafting the agreement was to ensure that there was a clear
understanding of the responsibilities of each party. She added that the agreement does call for a working
relationship between the two parties as they will need to regularly meet to discuss events and issues as they
arise.
6
Burlingame City Council J:une 20,2016
Unapproved Minutes
Agenda Item 8a
Meeting Date: 7/O5/L6
Mayor Keighran thanked Attorney Kane and City Manager Goldman for their hard work. Mayor Keighran
asked how the usage of lights worked at the baseball field. City Manager Goldman stated that the District
would pay for the lights.
Mayor Keighran asked about the availability of BHS gym on Sundays. City Manager Goldman stated that
the District informed her that the gym didn't have availability for the public on Sundays but that she would
continue to work on it.
Councilmember Colson stated that maybe the District could give the community time at the BHS gym from
7am -lOam and from 7pm -10pm.
Councilmember Brownrigg thanked the City Manager and Superintendent Skelly for their hard work. He
discussed the goal of reducing the public subsidy for the pool and asked that staff look into this matter.
Vice Mayor Ortiz echoed Councilmember Brownrigg's sentiments stating he hoped the Council and District
would start working together more.
BAC President Keith Fujishige and Burlingame Aquatic Foundation representative Todd Arris thanked the
Council and District for coming to an agreement.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reported on various events and committee meetings they each attended on behalf of the City.
12. FUTURE AGENDA ITEMS
There were no future agenda items.
13. ACKNOWLEDGEMENTS
a. COMMISSION MEETING MINUTES: TRAFFIC, SAFETY AND PARKING COMI{ISSIOI{
- MAY 12.2016
14. ADJOURNMENT
Mayor Keighran adjoumed the meeting at8:29 p.m.
Respectfully submitted,
Meaghan Hassel-Shearer
City Clerk
Burlingame City Council
Unapproved Minutes
7
June 20,2016
STAFF REPORT AGENDA NO: 8b
MEETING DATE: July 5,2016
To:Honorable Mayor and City Council
Date: July 5, 2016
From: Syed Murtuza, Director of Public Works - (650) 558-7230
Subject:Adoption of a Resolution Awarding a Construction Contract to Golden Bay
Construction, lnc., for the Bayfront ADA lmprovements Project, City Project
No. 83840, and Authorizing the City Manager to Execute the Construction
Contract
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution awarding a construction
contract to Golden Bay Construction, lnc., for the Bayfront ADA (Americans with Disability Act)
lmprovements Project in the amount of $422,100 and authorizing the City Manager to execute the
contract.
BACKGROUND
Certain parts of the Bayfront areas have narrow sidewalk width due to obstructions by certain
utilities such as street light/traffic signal poles, fire hydrants, and street sign posts. This presents
a problem for people with disability access needs. Additionally, the City has received requests
from members of the ADA community to address the accessibility needs along the Old Bayshore
Highway between Burlway Road and Cowan Road. Staff conducted multiple field inspections of
the areas of concern and determined that the existing sidewalk will need to be widened in certain
areas for compliance with ADA requirements. As a result, the City prioritized the ADA
improvements as part of the Capital lmprovements Program and completed the engineering
design. The project will widen the sidewalk in the areas of obstructions, and several driveways
connecting the sidewalk will be reconstructed to provide a safer and ADA compliant walkway for
disabled persons. Further, the project will upgrade existing non-compliant curb ramps with newer
ones to meet the current standards. The project will require coordination with utilities and the
affected property owners.
DISCUSSION
The project was advertised for bids on May 19, 2016. The bids were opened on June 16, 2016,
and three bids were received ranging from$422,100 to $695,750. Golden Bay Construction, lnc.
submitted the lowest responsible bid in the amount of $422,100, which is one percent lower than
the engineer's estimate of $427,240. Golden Bay Construction, Inc. has met the project
requirements and has successfully completed similar projects for Burlingame and other agencies
1
a
Resolution Awarding a Construction Contract to Golden Bay Construction, lnc.,
for the Bayfront ADA lmprovements Project, City Project No. 83840
July 5, 2016
in the past. As a result, staff recommends that the City Council award the construction contract to
Golden Bay Construction, lnc.
FISCAL IMPACT
Estimated Proiect Expenditures:
The following are the estimated project construction expenditures:
Construction
Construction Contingency
Engineering Administration and lnspection
$422,100
$ 63,300
$ 44,600
Total $530,000
Fundinq Availability:
There are adequate funds available in the Capital lmprovement Program for sidewalk, curb
ramps, and curb and gutter to complete the project.
Exhibits:
. Resolution
. Bid summary
. Project location map
. Construction Contract Agreement
2
RESOLUTTON NO._
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AWARDING A CONSTRUCTiON CONTRACT TO GOLDEN BAY CONSTRUCTION,
INC., FOR THE BAYFRONT ADA IMPROVEMENTS PROJECT, AND AUTHORIZING
THE CIry MANAGER TO EXECUTE A CONSTRUCTION CONTRACT
CITY PROJECT NO. 83840
WHEREAS, on May 19, 2016, the City issued notice inviting sealed bid proposals for the
Bayfront ADA lmprovements, CITY PROJECT NO 83840; and
WHEREAS, on June '16,2016, all proposals were received and opened before the City
Clerk and representatives of the Public Works Department; and
WHEREAS, Golden Bay Construction, lnc., submitted the lowest responsible bid for the
job in the amount of $422,1 00.
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Plans and
Specifications, including all addenda, are approved and adopted; and
BE lT FURTHER RESOLVED that the bid for the said project in the amount of $422J00,
is accepted; and
BE lT FURTHER RESOLVED that a contract be entered into between the successful
bidder hereinabove referred to and the City of Burlingame for the performance of said work, and
that the City Manager is authorized for and on behalf of the City of Burlingame to execute said
contract and to approve the faithful performance bond and the labor materials bond required to
be furnished by the contractor.
lt4ayor
l, Ivleaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that
the foregoing Resolution was introduced at a regular meeting of the City Council held on the
sTH dayof July,2016,and was adopted thereafter by the following vote:
AYES:
NOES:
ABSENT
COUNCILMEMBERS:
COUNCILIVEMBERS:
COUNCILMEITiIBERS:
City Clerk
CITY OE BURLINGAME
BMOM ADA IMPROVEMENTS
crrr PRo.rEcT No. 83840
BID st lt!,lARY
IOTAA: 9427 ,24O . O0 TOTAI: 9{22 , tOO . OO TOIAI. :9446,09O. O0 TOTAJ,:s69s ,750 - O0
SOI.DEN BAY CONSTRUCTION, INC
HAY$IARD, CA
.r..r.R. coNsERucrroN, rNc
sAu talEo, c.e,
FBD VAIIGUARD CONSTRUCTION, INC
AIEroORE. G
ITEM
NO.ITEM DESCRTPTIOTI
I'NIT }RE.A I'NIT ENGTNEER I S
ESTII4ATE
T'NIT BTD T'NIT BID MIT BID
PRICE OUANTITY SI ZE PRICE AT''OU}IT PRICE AMOT'NT PRICE A}'OI'N[
1 MOBILTZATlON s38 ,840. 00 1 !. s.
r. s.
s38,840.00
$14,000. 00
$23,816.00
s27,5?6. 00
$2 3, 816. 00
s27 , s76. 00
$21900.00
ss .000 _ 00
s2 ,000 . 00
ss .000 . 00
s23 - 000. 00 J2l]!9o.00
s80 .000 - 0021s80 .000 . 00
3 1 L.S s3 ,000 . 00 913 , 8d 6. 00 13 .8i!6. 00 ss .000 . 00 s5 .000 . 00 sso ,000. 00 s50 . 000. 00
4 150 II.F s4 ,500 . 00 $15. 00 s2 .250 . 00 s20. 00 s3 ,000 . 00 s30. 00 s4 .500 . 00
5 L4,610 s. F.$11? ,360 . 00 4-50 66 .01s. 00 s11. 00 s161,370. 00 s9.00 s132 ,030.00
6 AAN'DEEE NPTWBAY FEDT.A'FMNT 7 , it00 s.F s118 ,400 . 00 $16. 00 sl1. 00 s81 ,400. 00 s12. 00 s88 .800.00
't a^NapETE Slnf;EAl,k 2,720 s. F.$38,080 . 0o 9_50 i25 .840. 00 s10. 00 s27 ,200. 00 $10. 00 s27 ,200 . o0
I 21 EACH s10 .800 _ 00 i585. 00 sl ,000 . 00 $27 ,000 . o0 s850. 00 s22,950. 00
9 15 $45 ,000. 00 s4{ .250 - 00 s2 ,800.00 s42 ,000 . 00 s8,850.00 s132 , ?50. 00
10 L20 L_r-s?-s60.00 51. O0 s7 ,320 . 00 gss. 00 s5,600 .00 s80. 00 s9,600.00
11
IRANSITION CONCRETE R.ETATNING CI'RB (2' LONG EACTI
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PROJECT LOCATION MAP
BAYFRONT ADA IMPROVEMENTS
CITY PROJECT NO. 83840
AGREEMENT FOR PUBLIC IMPROVEMENT
BAYFRONT ADA IMPROVEMENTS
CITY PROJECT NO. 83840
THIS AGREEMENT, made in duplicate and entered into in the City of
Burlingame, County of San Mateo, State of California on _, 2016, by and
between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City",
and-,aStateofinmrporation,hereinaftercalled''Contractor,'.
WITNESSETH:
WHEREAS, City has taken appropriate proceedings to authorize construction of
the public work and improvements herein provided for and to authorize execution of this
Contract; and
WHEREAS, pursuant to State law and City requirements, a notice was duly
published for bids for the contract for the improvement hereinafter described; and
WHEREAS, on _, after notice duly given, the City Council of
Burlingame awarded the contract for the construction of the improvements hereinafter
described to Contractor, which the Council found to be the lowest responsive,
responsible bidder for these improvements; and
WHEREAS, City and Contractor desire to enter into this Agreement for the
construction of said improvements,
NOW, THEREFORE, lT lS AGREED by the parties hereto as follows:
1. Scope of work.
Contractor shall perform the work described in those Contract Documents
entitled: BAYFRONT ADA IMPROVEMENTS, CITY PROJECT NO. 83840.
2. The Contract Documents.
The complete contract between City and Contractor consists of the following
documents: this Agreement; Notice lnviting Sealed Bids, attached hereto as Exhibit B;
the accepted Bid Proposal, attached hereto as Exhibit C; the provisions contained in the
contract book titled "BAYFRONT ADA IMPROVEI\IENTS, City Project No. 83840"
attached as Exhibit A; the complete General Provisions and Special Provisions set forth
AGREEIUENT - 1
in the State of California Standard Specifications for Construction of Local Streets and
Roads, July 2006 edition, as promulgated by the Califomia Department of
Transportation; prevailing wage rates of the State of California applicable to this project
by State law; and all bonds; which are collectively hereinafter referred to as the Contract
Documents. All rights and obligations of City and Contractor are fully set forth and
described in the Conhact Documents, which are hereby incorporated as if fully set forth
herein. All of the above described documents are intended to cooperate so that any
work called for in one, and not mentioned in the other, or vice versa, is to be executed
the same as if mentioned in all said documents.
3. Contract Price
The City shall pay, and the Contractor shall accept, in full, payment of the work
above agreed to be done, the sum of dollars
($, called the "Contract Price". This price is determined by the lump
sum and unit prices contained in Contractor's Bid. ln the event authorized work is
performed or materials furnished in addition to those set forth in Contractor's Bid and the
Specifications, such work and materials will be paid for at the unit prices therein
contained. Said amount shall be paid in progress payments as provided in the Contract
Documents.
4. Termination
At any time and with or without cause, the City may suspend the work or any
portion of the work for a period of not more than 90 consecutive calendar days by notice
in writing to Contractor that will fix the date on which work will be resumed. Contractor
will be granted an adjustment to the Contract Price or an extension of the Time for
Completion, or both, directly attributable to any such suspension if Contractor makes a
claim therefor was provided in the Contract Documents.
The occurrence of any one or more of the following events will justify termination
of the contract by the City for cause: (1) Contractor's persistent failure to perform the
work in accordance with the Contract Documents; (2) Contractor's disregard of Laws or
Regulations of any public body having jurisdiction; (3) Contractor's disregard of the
authority of the Engineer; or (4) Contractor's violation in any substantial way of any
provision of the contract Documents. ln the case of any one or more of these events,
the city, after giving contractor and contractor's sureties seven calendar days written
AGREEI\ilENT - 2
notice of the intent to terminate Contractor's services, may initiate termination
procedures under the provisions of the Performance Bond. Such termination will not
affect any rights or remedies of City against Contractor then existing or that accrue
thereafter. Any retention or payment of moneys due Contractor will not release
Contractor from liability. Contractor's services will not be terminated if Contractor
begins, within seven calendar days of receipt of such notice of intent to terminate, to
correct its failure to perform and proceeds diligently to cure such failure within no more
than 30 calendar days of such notice.
Upon seven calendar days written notice to Contractor, City may, without cause
and without prejudice to any other right or remedy of City, terminate the Contract for
City's convenience. ln such case, Contractor will be paid for (1) work satisfactorily
completed prior the effective date of such termination, (2) furnishing of labor, equipment,
and materials in accordance with the Contract Documents in connection with
uncompleted work, (3) reasonable expenses directly attributable to termination, and (4)
fair and reasonable compensation for associated overhead and profit. No payment will
be made on account of loss of anticipated profits or revenue or other economlc loss
arising out of or resulting from such termination.
5. Provisions Cumulative
The provlsions of this Agreement are cumulative and in addition to and not in
limitation of any other rights or remedies available to the City.
6. Notices.
All notices shall be in writing and delivered in person or transmitted by certified
mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
City Engineer
City of Burlingame
501 Primrose Road
Burlingame, California 9401 0
AGREEIVENT - 3
Notices required to be given to Contractor shall be addressed as follows:
Johnny Zanette
Golden Bay Construction, lnc
3826 Depot Road
Hayward, CA 94545
7. lnterpretation
As used herein, any gender includes the other gender and the singular includes
the plural and vice versa.
8. Waiver or A mendment.
No modification, waiver, mutual termination, or amendment of this Agreement is
effective unless made in writing and signed by the City and the Contractor. One or more
waivers of any term, condition, or other provision of this Agreement by either party shall
not be construed as a waiver of a subsequent breach of the same or any other
provision.
9. Contro llino Law
This Agreement is to be governed by and interpreted in accordance with the laws
of the State of California.
10. Successors and Assiqnees.
This Agreement is to be binding on the heirs, successors, and assigns of the
parties hereto but may not be assigned by either party without first obtaining the written
consent of the other party.
11. Seve bilitv
lf any term or provision of this Agreement is deemed invalid, void, or
unenforceable by any court of lawful jurisdiction, the remaining terms and provisions of
the Agreement shall not be affected thereby and shall remain in full force and effect.
AGREEIUENT - 4
lN WITNESS WHEREOF, two identical munterparts of this Agreement,
consisting of five pages, including this page, each of which counterparts shall for all
purposes be deemed an original of this Agreement, have been duly executed by the
parties hereinabove named on the day and year first hereinabove written.
CITY OF BURLINGAME,
a Municipal Corporation
BY
Lisa K. Goldman, City Manager
Approved as to form:
Kathleen Kane, City Aftorney
ATTEST:
Meaghan Hassel-Shearer, City Clerk
"CONTRACTOR"
BV
Print Name:
Golden Bay Construction, lnc.
AGREEIVENT - 5
STAFF REPORT AGENDA NO:8c
MEETING DATE: July 5, 2016
To:Honorable Mayor and Gity Counci!
Date: July 5, 2016
From: Carol Augustine, Finance Director - (650) 558-7222
Subject: Approval of lnvestment Policy for Fiscal Year 2016-17
RECOMMENDATION
Staff recommends that the City Council approve the lnvestment Policy for the City of Burlingame
BACKGROUND
The investment of funds by a California local agency, including the types of securities in which an
agency may invest, is governed by the California Government Code. The law requires that the
legislative body of each agency adopt an investment policy, which may add further limitations
than those established by the State. ln addition, an agency's investment policy must be reviewed
annually, and any changes must be adopted at a public meeting.
Three years ago, the City's lnvestment Policy was totally revamped with guidance provided by
the Government Finance Officers' Association, the Association of Public Treasurers of the United
States and Canada, and the California Municipal Treasurers Association. The result was a clear,
robust and efficient policy that conformed to industry best practices. Since that time, Finance
staff and the City's investment advisors, PFM Asset ltlanagement (PFI\4), have reviewed the
City's lnvestment Policy on an annual basis. The policy was last reviewed by the City Council on
August 17, 2015. At that time, supranational investments were added to the Acceptable
lnvestment lnstruments section of the policy, to allow the City to safely increase diversification of
the portfolio with these very highly rated and very liquid instruments.
DISCUSSION
Staff has again been assisted by PFM in reviewing the City's lnvestment Policy for fiscal year
2016-17. The review resulted in no recommendations for any changes to the policy.
FISCAL IMPACT
As no changes are proposed to the City's lnvestment Policy, there is no direct impact on City
resources. However, the policy continues to support the City's overall investment strategy,
providing a portfolio that is safe, diversified, and has lower volatility than comparable market
benchmarks.
1
,
1
I hvestnient Pol icy, 20 1 6-1 7 July 5, 2016
Exhibits:
o PFM Memo regarding review of Burlingame lnvestment Policy
o Statement of lnvestment Policy July 2016
2
---_:PFM'
=*s,L#,S#*p
50 California Street
Suite 2300
San Francisco, CA 941 1 1
415 982-5544
415 982-4513 fax
www.pfm.com
June21,2016
Memorandum
Carol Augustine, Finance Director
Ci4t of Bwrlingame
Nancy Jones, Managing Director
Chades Cook, Senior Analyst
PFM Asset Managernent U{
City of Budingame Invesrnent Policy Review
To:
From:
Re:
We have completed our annual review of the City of Burlingame's Investment Policy. The City's
Policy is comprehensive and temains in compliance with all applicable California Government Code
statutes regulating the investment of public funds. At this time, we recommend no changes to the
Investment Policy. Please let us know if you have any questions.
CITY OF BURLINGAME, CA
STATEMENT OF INVESTMENT POLIGY
July 2016
This statement contains guidelines for the prudent investment of the City's temporarily
idle cash in accordance with Government Code sections 53600, et. seq. The ultimate
goal of the City's lnvestment Policy is to protect the City's pooled cash while producing
a reasonable rate of return on investments.
SCOPE
The lnvestment Policy applies to all funds and investment activities of the City except
the investment of bond proceeds, which are governed by the appropriate bond
documents, and any pension or other post-employment benefit funds held in a trust.
PRUDENCE
The standard of prudence to be used by investment officials will be the "prudent
investor'' standard, which states that, "when investing, reinvesting, purchasing,
acquiring, exchanging, selling, or managing public funds, a trustee shall act with care,
skill, prudence, and diligence under the circumstances then prevailing, including, but not
limited to, the general economic conditions and the anticipated needs of the agency,
that a prudent person acting in a like capacity and familiarity with those matters would
use in the conduct of funds of a like character and with like aims, to safeguard the
principal and maintain the liquidity needs of the agency."
OBJECTIVES
The primary objectives, in priority order, of the investment activities of the City are
1. SAFETY - Safety of principal is the foremost objective of the City of Burlingame.
2. LIQUIDITY - The City's portfolio will remain sufficiently liquid to enable the City
to meet its cash flow requirements. lt is important that the portfolio contain
investments which provide the ability of being easily sold at any time with minimal
risk of loss of principal or interest.
Page I ol 12
PURPOSE
DELEGATION OF INVESTMENT AUTHORITY
Pursuant to Burlingame Municipal Code Section 3.13.040 and Government Code
Section 53607, the Finance Directorffreasurer is authorized to invest and reinvest
money of the City, to sell or exchange securities so purchased, and to deposit such
securities for safekeeping in accordance with and subject to this investment policy.
The City may engage the support services of outside investment advisors in regard to
its investment program, so long as these services are likely to produce a net financial
advantage or necessary financial protection of the City's financial resources.
INVESTMENT PROCED URES
The Finance Director/Treasurer will establish investment procedures for the operation of
the City's investment program.
ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process will refrain from personal
business activities that could conflict with proper execution of the investment program,
or which could impair their ability to make impartial decisions.
AUTHORIZED FIN ANCIAL DEALERS AND INSTITUTIONS
The Finance Director/Treasurer will maintain a list of financial dealers and institutions
qualified and authorized to transact business with the City.
The purchase by the City of any investment other than those purchased directly from
the issuer, will be purchased either from an institution licensed by the State as a broker-
dealer, as defined in Section 25004 of the Corporations Code, which is a member of the
Financial lndustry Regulatory Authority (FINRA), or a member of a federally regulated
securities exchange, a national or state chartered bank, a federal or state association
(as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a
Primary Government Dealer by the Federal Reserve Bank.
The Finance Director/Treasurer will investigate all institutions that wish to do business
with the City, to determine if they are adequately capitalized, make markets in securities
appropriate for the City's needs, and agree to abide by the conditions set forth in the
City of Burlingame's lnvestment Policy and any other guidelines that may be provided.
This will be done annually by having the financial institutions:
Page 2 of '12
3. RETURN - The City's portfolio will be designed to attain a market rate of return
through economic cycles consistent with the constraints imposed by its safety
objective and cash flow considerations.
Provide written notification that they have read, and will abide by, the City's
lnvestment Policy.
2. Submit their most recent audited Financial Statement within 120 days of the
institution's fiscal year end.
lf the City has an investment advisor, the investment advisor may use its own list of
authorized broker/dealers to conduct transactions on behalf of the City.
Purchase and sale of securities will be made on the basis of competitive bids and offers
with a minimum of three quotes being obtained.
ACCEPTABLE INVESTMENT INSTRUMENTS
Where this section specifies a percentage limitation for a particular security type, that
percentage is applicable only on the date of purchase. Credit criteria listed in this
section refers to the credit rating at the time the security is purchased. lf an investment's
credit rating falls below the minimum rating required at the time of purchase, the
Finance Director/Treasurer will perform a timely review and decide whether to sell or
hold the investment.
The City will limit investments in any one non-government issuer, except investment
pools, to no more than 5% regardless of security type.
Acceptable investments authorized for purchase by the Finance Director/Treasurer are:
1. U.S. Treasury obligations for which the full faith and credit of the United States are
pledged for the payment of principal and interest.
2. Federal agency or United States government-sponsored enterprise
obligations, participations, or other instruments, including those issued by or fully
guaranteed as to principal and interest by federal agencies or United States
government-sponsored enterprises.
3. Obligations of the State of California or any local agency within the state,
including bonds payable solely out of revenues from a revenue producing property
owned, controlled or operated by the state or any local agency, or by a department,
board, agency or authority ofthe state or any local agency.
4. Registered treasury notes or bonds of any of the other 49 states in addition to
California, including bonds payable solely out of the revenues from a revenue-
producing property owned, controlled, or operated by a state, or by a department,
board, agency, or authority of any of these states.
5. Bankers' Acceptances with a rating of the highest ranking or highest letter and
number rating as provided for by a nationally recognized statistical-rating
1
Page 3 of 12
organization (NRSRO). Purchases of bankers' acceptances may not exceed 180
days. No more than 40o/o of the City's portfolio may be invested in bankers'
acceptances.
6. Commercial Paper of "prime" quality of the highest ranking or of the highest letter
and number rating as provided for by a NRSRO. The entity that issues the
commercial paper must meet all of the following conditions in either paragraph a or
paragraph b:
a, The entity meets the following criteria: (i) is organized and operating in the
United States as a general corporation, (ii) has total assets in excess of five
hundred million dollars ($500,000,000), and (iii) has debt other than
commercial paper, if any, that is rated "A" or higher by a NRSRO.
b. The entity meets the following criteria: (i) is organized within the United
States as a special purpose corporation, trust, or limited liability company,
(ii) has program-wide credit enhancements including, but not limited to, over
collateralization, letters of credit, or surety bond, and (iii) has commercial
paper that is rated "A-1" or higher, or the equivalent, by a NRSRO.
Eligible commercial paper will have a maximum maturity of 27O days or less. No
more than 25o/o of Ihe City's portfolio may be invested in commercial paper. The City
may purchase no more than 10% of the outstanding commercial paper of any single
issuer.
7. Negotiable Certificates of Deposit issued by a nationally or state-chartered bank,
a savings association or a federal association (as defined by Section 5102 of the
Financial Code), a state or federal credit union, or by a federally- or state-licensed
branch of a foreign bank. No more than 3Oo/o o'f the City's portfolio may be invested
in negotiable CDs.
8. Non-negotiable Certificates of Deposit (time CDs) in a state or national bank,
savings association or federal association, or federal or state credit union with a
branch in the State of California. ln accordance with California Government Code
Section 53635.2, to be eliglble to receive City deposits, a financial institution will
have received an overall rating of not less than "satisfactory" in its most recent
evaluation by the appropriate federal financial supervisory agency of its record of
meeting the credit needs of California's communities. Time CDs are required to be
collateralized as specified under Government Code Section 53630 et seq. The City,
at its discretion, may waive the collateralization requirements for any portion that is
covered by federal deposit insurance. The City will have a signed agreement with
any depository accepting City funds per Government Code Section 53649. No
deposits will be made at any time in time CDs issued by a state or federal credit
union if a member of the City Council or the Finance Directorffreasurer serves on
the board of directors or any commiftee appointed by the board of directors of the
credit union. ln accordance with Government Code Section 53638, any deposit will
not exceed that total shareholder's equity of any depository bank, nor will the deposit
exceed the total net worth of any institution.
Page 4 of 12
9. Medium-Term Notes issued by corporations organized and operating within the
United States or by depository institutions licensed by the U.S. or any state and
operating within the U.S. Medium{erm corporate notes will be rated in a rating
category "A" or its equivalent or better by a NRSRO. No more than 30% of the City's
portfolio may be invested in medium-term notes.
1 0. Demand Deposits
11. Passbook Savings Accounts
12. Shares of beneficial interest issued by diversified management companies that
are money market funds registered with the Securities and Exchange Commission
under the lnvestment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be
eligible for investment pursuant to this subdivision these companies will either: (i)
attain the highest ranking letter or numerical rating provided by at least two NRSROs
or (ii) have retained an investment advisor registered or exempt from registration
with the Securities and Exchange Commission with not less than five years of
experience managing money market mutual funds and with assets under
management in excess of $500,000,000. No more lhan 20o/o of the City's investment
portfolio may be invested in money market funds.
l3.Mortgage passthrough security, collateralized mortgage obligation, mortgage-
backed or other pay-through bond, equipment lease.backed certificate,
consumer receivable passthrough certificate, or consumer receivable-backed
bond of a maximum of five years' maturity. Securities eligible for investment under
this subdivision shall be issued by an issuer having an "A" or higher rating for the
issuer's debt as provided by an NRSRO and rated in a rating category of "AA" or its
equivalent or better by an NRSRO. Purchase of securities authorized by this
subdivision may not exceed 20% percent of the City's investment portfolio.
14. Repurchase Agreements. Repurchase Agreements shall be used solely as short-
term investments not to exceed 30 days.
a. The City will enter into repurchase agreements only with primary
government securities dealers as designated by the Federal Reserve
Bank of New York. Repurchase agreements shall be governed by a
master repurchase agreement adopted by the Public Securities
Association. All securities underlying repurchase agreements shall be
delivered to the City's custodian bank, or be handled under a properly
executed "tri-party" custodial arrangement. Collateral for repurchase
agreements is restricted to U.S. Treasury issues or Federal Agency
issues.
b. The underlying collateral must be at least 102o/o of the repurchase
agreement amount. lf the value of securities held as collateral slips below
102o/o of the value of the cash transferred, then additional cash or
acceptable securities must be delivered to the third party custodian.
Page 5 of '12
Market value shall be recalculated each time there is a substitution of
collateral. For repurchase agreements with terms to maturity of greater
than three days, the value of the collateral securities shall be marked to
market weekly by the custodian, and, if additional collateral is required,
then that collateral must be delivered within two business days. lf a
collateral deficiency is not corrected within two days, the collateral
securities will be liquidated.
c. A perfected first security interest in the collateral securities, under the
Uniform Commercial Code, shall be created for the benefit of the City.
Collateral securities shall be held free and clear of any lien and shall be
held by an independent third party acting solely as an agent for the City,
and such third party shall be (i) a Federal Reserve Bank, or (ii) a bank
which is a member of the Federal Deposit lnsurance Corporation and
which has combined capital, surplus, and undivided profits of not less than
$50 million.
16. County lnvestment Fund (San Mateo County Pool)
17. Shares of beneficial interest issued by a joint powers authority (Local
Government lnvestment Pools) organized pursuant to Government Code Section
6509.7 that invests in the securities and obligations authorized in subdivisions (a) to
(o) of California Government Code Section 53601 , inclusive. Each share will
represent an equal proportional interest in the underlying pool of securities owned by
the joint powers authority. The Pool will be rated in a rating category "AAA" or its
equivalent by a NRSRO. To be eligible under this section, the shares will maintain a
stable net asset value (NAV) and the joint powers authority issuing the shares will
have retained an investment adviser that meets all of the following criteria:
a. The adviser is registered or exempt from registration with the Securities and
Exchange Commission.
b. The adviser has not less than five years of experience investing in the
securities and obligations authorized in subdivisions (a) to (o) Government
Code Section 53601 , inclusive.
c. The adviser has assets under management in excess of five hundred million
dollars ($500,000,000).
18. Guaranteed lnvestment Contracts (collateralized with Government Securities,
physically delivered to an acceptable safekeeping account.)
19. Supranationals which are United States dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the lnternational
Bank for Reconstruction and Development (IBRD), lnternational Finance
Corporation (lFC), or lnter-American Development Bank (IADB), with a maximum
Page 6 of 12
15. Local Agency lnvestment Funds (State Pool) an investment pool run by the State
Treasurer. The City can invest up to the maximum amount permitted by the State
Treasurer.
remaining maturity of five years or less, and eligible for purchase and sale within the
United States. lnvestments under this subdivision shall be rated "AA", its equivalent,
or better by at least one NRSRO. No more than 30% of the City's investment
portfolio may be invested in supranationals.
RESTRICTION ON INVESTMENT POLICIES AND CITY CONSTRAINTS
Section 53600 et. seq. of the State of California Government Code outlines the
collateral requirements for certain types of investments and also limits the percentage of
total investments which can be placed in certain classifications._lnvestments must meet
the time schedules as indicated by the cash flow projections of the City. lnvestments
will be purchased with the intent to hold until maturity, however this will not preclude the
sale of securities prior to maturity in order to reposition the portfolio's duration, credit
quality, or enhance the rate of return.
INVESTME NT POOLS/MONEY MARKET FUNDS
The State pool and San lvlateo County Pool invests in additional Government Code
authorized investments that are not approved for direct purchase by the Finance
Director/Treasurer. These pools shall provide a current investment policy and monthly
reports for review by the Finance Director/Treasurer. The Finance Director/Treasurer is
authorized to invest in these pools provided they reasonably appear fo be in
conformance with their investment policies.
MATURITY LI MIT
State law requires that the maturity of any given instrument should not exceed five
years unless specifically approved by City Council at least three months before the
investment is made.
INTERNAL CONTROL
The Finance Director/Treasurer will establish an annual process of independent review
by an external auditor. This review will provide internal control by assuring compliance
with policies and procedures.
CUSTODY OF SECURITIES
All securlties owned by the City except time deposits and securities used as collateral
for repurchase agreements, will be kept in safekeeping by a third-party bank's trust
department, acting as an agent for the City under the terms of a custody agreement
executed by the bank and the City.
All securities will be received and delivered using standard delivery versus payment
procedures.
Page 7 of 12
REPORTING
The Finance Director/Treasurer will provide a quarterly investment repod to the City
Council showing all transactions, type of investment, issuer, purchase date, maturity
date, purchase price, yield to maturity, and current market value for all securities.
POLICY REVIEW
This lnvestment Policy will be reviewed at least annually to ensure its consistency with:
1. The California Government Code sections that regulate the investment and
reporting of public funds.
2. The overall objectives of preservation of principal, sufficient liquidity, and a
market return.
Approved by City Council on
Ann Keighran, Mayor
Lisa Goldman
City IVanager
Carol Augustine
Finance Director/Treasurer
ATTEST:
Meaghan Hassel-Shearer,
City Clerk
PERFORMANCE STANDARDS
The City's portfolio shall be structured to achieve a market-average rate of return
through various economic cycles, commensurate with the investment risk constraints
and the cash flow needs. The benchmark for "market-average rate" shall be the rate of
return of a market-based index which has the same type of sector and maturity
requirements as the City's portfolio.
Page I of 12
GIossary
Asset Backed Securities (ABS) are securities backed by loans or receivables on
assets other than real estate. ABS can be secured by a variety of assets including, but
not limited to credit card receivables, auto loans, and home equity loans.
Bankers' Acceptances are shortterm credit arrangements to enable businesses to
obtain funds to finance commercial transactions. They are time drafts drawn on a bank
by an exporter or importer to obtain funds to pay for specific merchandise. By its
acceptance, the bank becomes primarily liable for the payment of the draft at maturity.
An acceptance is a high-grade negotiable instrument.
Broker-Dealer is a person or a firm who can act as a broker or a dealer depending on
the transaction. A broker brings buyers and sellers together for a commission. They do
not take a position. A dealer acts as a principal in all transactions, buying and selling for
his own account.
Certificates Of Deposit
Negotiable Certificates of Deposit are large-denomination CDs. They are
issued at face value and typically pay interest at maturity, if maturing in less than
12 months. CDs that mature beyond this range pay interest semi-annually.
Negotiable CDs are issued by U.S. banks (domestic CDs), U.S. branches of
foreign banks (Yankee CDs), and thrifts. There is an active secondary market for
negotiable domestic and Yankee CDs. However, the negotiable thrift CD
secondary market is limited. Yields on CDs exceed those on U.S. treasuries and
agencies of similar maturities. This higher yield compensates the investor for
accepting the risk of reduced liquidity and the risk that the issuing bank might fail.
State law does not require the collateralization of negotiable CDs.
2. Non-negotiable Certificates of Deposit are time deposits with financial
institutions that earn interest at a specified rate for a specified term. Liquidation of
the CD prior to maturity incurs a penalty. There is no secondary market for these
instruments, therefore, they are not liquid. They are classified as public deposits,
and financial institutions are required to collateralize them. Collateral may be
waived for the portion of the deposits that are covered by FDIC insurance.
Collateral refers to securities, evidence of deposits, or other property that a borrower
pledges to secure repayment of a loan. lt also refers to securities pledged by a bank to
secure deposits. ln California, repurchase agreements, reverse repurchase
agreements, and public deposits must be collateralized.
Commercial Paper is a short term, unsecured, promissory note issued by a corporation
to raise working capital.
1
Page I of 12
Demand Deposits are funds held that can be withdrawn at anytime without advance
notice to the institution holding the funds.
Federal Agency Obligations are issued by U.S. Government Agencies or Government
Sponsored Enterprises (GSE). Although they were created or sponsored by the U.S.
Government, most Agencies and GSEs are not guaranteed by the United States
Government. Examples of these securities are notes, bonds, bills and discount notes
issued by Fannie Mae (FNIUA), Freddie Mac (FHLII/C), the Federal Home Loan Bank
system (FHLB), and Federal Farm Credit Bank (FFCB). The Agency market is a very
large and liquid market, with billions traded every day.
Guaranteed lnvestment Contracts (GlC) are contracts that guarantee principle
repayment after a certain period of time along with a predetermined interest rate.
lssuer means any corporation, governmental unit, or financial institution that borrows
money through the sale of securities.
Liquidity refers to the ease and speed with which an asset can be converted into cash
without loss of value. ln the money market, a security is said to be liquid if the difference
between the bid and asked prices is narrow and reasonably sized trades can be done at
those quotes.
Local Agency lnvestment Fund (LAIF) is a special fund in the State Treasury that
local agencies may use to deposit funds for investment. There is no minimum
investment period and the minimum transaction is $5,000, in multiples of $1,000 above
that, with a maximum of $50 million for any California public agency. lt offers high
liquidity because deposits can be converted to cash in twenty-four hours and no interest
is lost. All interest is distributed to those agencies participating on a proportionate share
determined by the amounts deposited and the length of time they are deposited.
lnterest is paid quarterly via direct deposit to the agency's LAIF account. The State
keeps an amount for reasonable costs of making the investments, not to exceed one-
quarter of one per cent of the earnings.
Local Government lnvestment Pools (LGIP) are investment tools similar to money
market funds that allow public entities to invest funds.
Market Value is the price at which a security is trading and could presumably be
purchased or sold.
Maturity is the date upon which the principal or stated value of an investment becomes
due and payable.
Medium-Term Notes are debt obligations issued by corporations and banks, usually in
the form of unsecured promissory notes. These are negotiable instruments that can be
bought and sold in a large and active secondary market. For the purposes of California
Government Code, the term "Medium Term" refers to a maximum remaining maturity of
Page 10 of 12
five years or less. They can be issued with fixed or floating-rate coupons, and with or
without early call features, although the vast majority are fixed-rate and non-callable.
Corporate notes have greater risk than Treasuries or Agencies because they rely on the
ability of the issuer to make payment of principal and interest.
Money Market Fund is a type of investment comprising a variety of shortterm securities
with high quality and high liquidity. The fund provides interest to shareholders and must
strive to maintain a stable net asset value (NAV) of $1 per share.
Mortgage Backed Securities (MBS) or Mortgage Passthrough Securities are
securities that are backed cash flows from an underlying pool of mortgages.
Principal describes the original cost of a security. lt represents the amount of capital or
money that the investor pays for the investment.
Repurchase Agreements are short-term investment transactions. Banks buy
temporarily idle funds from a customer by selling him U.S. Government or other
securities with a contractual agreement to repurchase the same securities on a future
date at an agreed upon interest rate. Repurchase Agreements are typically for one to
ten days in maturity. The customer receives interest from the bank. The interest rate
reflects both the prevailing demand for Federal Funds and the maturity of the Repo.
Repurchase Agreements must be collateralized.
Supranational entities are formed by two or more central governments with the
purpose of promoting economic development for the member countries. Supranational
institutions finance their activities by issuing debt, such as supranational bonds.
Examples of supranational institutions include the European lnvestment Bank and the
World Bank. Similarly to the government bonds, the bonds issued by these institutions
are considered direct obligations of the issuing nations and have a high credit rating.
Total Return is the performance of a portfolio including interest income and any capital
appreciation or depreciation as a result of interest rate movements.
U.S. Treasury lssues are direct obligations of the United States Government. They are
highly liquid and are considered the safest investment security. U.S. Treasury lssues
include:
1. Treasury Bills which are non-interest-bearing discount securities issued by the
U.S. Treasury to finance the national debt. Bills are currently issued in one, three,
six, and twelve month maturities.
2. Treasury Notes that have original maturities of one to ten years
3. Treasury Bonds that have original maturities of greater than 10 years.
Page 11 of 12
Yield to Maturity is the rate of income retu rn on an investment, minus any premium
above par or plus any discount with the adjustment spread over the period from the date
of the purchase to the date of maturity of the bond.
Page 12 of 12
STAFF REPORT AGENDANO: 8d
MEETING DATE: July 5, 2016
To:Honorable Mayor and City Council
Date: June 20,2016
From: Carol Augustine, Finance Director - (650) 558-7222
Subiect: Adoption of a Resolution Authorizing the City Manager to Execute a One-
Year Service Order for lnformation Technology Services from the City of
Redwood City
REGOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to
execute a one-year service order for information technology services from the City of Redwood
City.
BACKGROUND
The City of Burlingame has contracted with Redwood City for information technology (lT)
services since July 1, 1998. The lT shared service model implemented by Redwood Citywas
based on a 100% cost recovery basis plus a10% premium. The agreement is renewable on a
year-to-year basis for each fiscal year. For fiscal year 2012-13, the contract rate was held
constant at $143.66 per hour. For the past three fiscal years, the contract provided for an hourly
rate that increased 4 percent each year; the current hourly rate is $161.61.
DISCUSSION
Through its lT agreement with Redwood City, Burlingame purchases 3,425 hours of lT services
annually. The year-by-year extension currently in effect gives Burlingame a continual
opportunity to review and assess potential alternatives to the shared service model. Although
the City has not undertaken an extensive analysis, a review in 2013 of existing services and the
cost of providing in-house services in similar communities allowed staff to conclude that the
current agreement with Redwood City has provided good value for Burlingame. A schedule of
regular meetings between lT service personnel, City management, and other departmental staff
insures that lT issues are being identified and addressed in a timely manner.
Key accomplishments for the current (2015-16) fiscal year for this partnership include the
completion of the Hitachi storage area network (SAN) rollout, which replaced the decade old Hp
storage system. This infrastructure upgrade provides a faster network with a much greater
storage capacity. The new SAN was followed by an upgrade of the entire VIi/Ware software
infrastructure and a migration of all virtualized servers to the new network.
1
lT Support Selrces Agreementwith Redwood City July 5, 2016
During this fiscal year, the lT crew completed several projects to ensure the safety and
efficiency of the City's electronic data and software systems, including:
Conversion of backup data to Barracuda Backup, providing a cloud-based storage
solution rather than physical media for the City's data
lnstallation of an E-Mail archiver system, accessible to the City Attorney and public
safety management. This will greatly assist in responding to public records requests and
management of discovery and other e-mail related searches.
lmplementation of a large file transfer system, allowing users to send a link to large files
as opposed to sending these files via e-mail
Upgrade of the City's e-mail (Exchange) server, which had reached its end of life, and an
update of all associated software. This upgrade greatly improved web-mail features as
well.
Within City Administration, the hands-on programming assistance for the City's financial
software was critical to providing updates as needed, especially in regards to changes needed
in the payroll system. For example, customized programming was needed to allow HR staff to
track compliance with complex ACA (Affordable Care Act) regulations and to implement AB
1522 (Healthy Workplace Healthy Families Act), which provides paid sick leave to employees
who work at least 30 days a yeat.
Falling on the heels of the Water and Sewer bill redesign in July 2015, lT personnel were
instrumental in providing the programming changes and testing of the EBPP (Electronic Bill
Presentation and Payment) system implemented a few short months later. The City's utility
customers can now receive and pay these bills electronically by credit card, automatic debit, or
with onetime payments. Paperless billing is available, and customers can view their billing
history on-line. Staff will now look to expand these capabilities to other City services.
Most recently, lT personnel developed a comprehensive listing of all enterprise systems in use
by the City, in compliance with Senate Bill272. (58272 added a section to the California public
Records Act requiring local agencies to create this catalog of "software applications or computer
systems that collect, store, exchange and analyze information that the agency uses".) The
catalog will be posted to the City's website and updated annually as required by S,E,272.
ln addition to deploying 60 new/replacement desktop and laptop computers city-wide, lT staff
also made sure all systems (including financial systems and the Shoretel phone system) were
kept upto-date with scheduled upgrades. lt should also be noted that the Admin/lT Division
continues to work with external auditors and others to provide continuous review of the internal
controls, access, and other policies and procedures to maintain the security and integrity of
Burlingame's financial systems.
The agreement for fiscal year 2016-17 provides a 2.53 percent increase in the per hour cost of
the contact over the current year cost.
a
a
a
a
2
lT Support Services Agreementwith Redwood City July 5, 2016
FISCAL IMPACT
The annual cost of the lT service agreement based on the 3,425 hour estimate is $567,500.
Hours worked above the 3,425 estimate will be invoiced during July 2017. Unused hours will be
refunded during July 2017. ln addition, the contract adds a surcharge of approximately $83 per
hour for lT services required during non-business hours. This reflects a time-and-a-half rate for
these services. Funding for the contract is included in the City's FY 2016-17 Operating Budget,
specifically in the Admin/lT lnternal Services Fund, to be reflected in the cost of the City's
various departments, divisions, and activities.
Exhibits:
. Resolution of the City Council of the City of Burlingame Authorizing the City Manager to
Execute a Service Order for lnformation Technology Support from the City of Redwood City
for the 2016-17 Fiscal Year
. City of Redwood City - lnformation Technology Services General Terms and Conditions and
Services Order
3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE.YEAR SERVICE
ORDER FOR INFORMATION TECHNOLOGY SERVICES FROM THE CITY OF
REDWOOD CITY
WHEREAS, the City of Burlingame has contracted with the City of Redwood City for
information technology services since July 1, 1998, with the original agreement being renewable
on a year-to-yearbasis for each fiscal year; and
WHEREAS, in June 2007, the City of Burlingame entered into a five-year agreement
with the term of July 1,2007, through June 30, 2012; and
WHEREAS, for the past four fiscal years, the City of Burlingame has extended the
agreement on a year-by-year basis; and
WIIEREAS, both the City of Burlingame and the City of Redwood City have enjoyed a
long and productive partnership and agree to continue the current affangement for the 2016-17
fiscal year, under the shared model for IT support services provided by Redwood City in the
past; with an amendment only to the hourly rate, which will increase to $165.70.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Burlingame approves and authorizes the City Manager to execute a one-year service order for
information technology support from the City of Redwood City, in an amount of $47 ,293.54 per
month, to be revised based on actual hours of service provided as of the end of the 2016-17 fiscal
year, bound by the general terms and conditions as attached hereto and incorporated herein.
Ann Keighran, Mayor
I, Meaghan Hassel-Shearer, Clerk of the City of Burlingame, hereby certify that the
foregoing Resolution was duly and regplarly introduced and adopted at a regular meeting of the
Burlingame City Council held on the 5th day of July,2}16,by the following vote to wit:
AYES:
NOES:
ABSENT
Councilmembers
Councilmembers
Councilmembers
Meaghan Hassel-Shearer, City Clerk
THE CITY OF REDWOOD CITY
INFORMATION TECHNOLOGY SERVICES
GENERAL TERMS AND CONDITIONS
The CUSTOMER named on the applicable Services Order and the City of Redwood City
("RWC) agree that these General Terms and Conditions ("GTC") are applicable to all lnformation
Technology ("1T") Services provided by RWC to CUSTOMER. Capitatized terms have the meanings
defined herein.
1 . General.
The GTC describes the general terms and conditions applicable to CUSTOMER'S purchase of lT
Services from RWC. The GTC together with the applicable Services Orders constitute the entire
agreement between the parties. ln the event of a conflict belween the terms of the GTC and of any
Services Order, the terms of the Services Order prevail.
2. Services Orders.
The Services to be performed by RWC are set forth in the applicable Services Orde(s). Each Services
Order will state the Service, the term for which Service is requested (the "service Term") and the
pricing for the Service. A Services Order is not binding upon RWC unless signed by an authorized
RWC representative.
3. Service Com mencement Date: Servi ce Term.
The Service Term will be as specified in the Services Order, and will commence on the date specified
in the Services Order, or such later date as specified by RWC in a wriften notice IoCUSTOMER. Upon
expiration of the Service Term for a particular Services Order, Service will continue under the Services
order on a month to month basis at RWc's then current rates, and either RWc or CUSToMER may
terminate the service upon 30 days prior written notice. cusroMER will pay RWC's then current
charges for any moves, additions or changes to any Services Order or Service agreed to by the parties.
4. Comoen sation: Billinq:Pavment.
Compensation owed by CUSTOMER for Services rendered by RWC will be as set out in the applicable
services orde(s). upon execution of a services order by cusroMER, RWc will invoice
CUSTOMER for any non-recurring initial set up fees, and the first monthly recurring charges, if any.
Billing for partial months is prorated. Subsequently, RWC will invoice CUSTOIIER monthly in advance
for any recurring charges for the Services, and in arrears for any Additional Services (defined below)
that were requested by cusroMER and performed by RWC during the monthly billing period.
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Page 1 of I
ATTY/AGR.201 6. 1 62IRWC Burlingame lT Services Fy1 6-1 7
Payment is due within 30 days of the invoice date.
5. Additional Services.
Additional Services will be performed by RWC only at the request of CUSTOMER and will be charged
to CUSTOIVIER at the RWC fiscal year hourly rate in effect at the time the Additional Services are
performed. The hourly rate for work performed during Normal Business Hours, as defined below, is
established annually by RWC for each fiscal year. A surcharge of $25 per hour will be added to the
normal business hourly rate for work performed during Non-Business Hours.
A. Normal Business Hours: Monday through Friday, 8:00 a.m. through 5:00 p.m. except
on the following cunently recognized RWC holidays (calendar dates vary depending on
the year):
o New Year's Day
. Martin Luther King, Jr. Day
. Presidents Day
. Memorial Day
o 4th of July
o Labor Day
. Veterans Day
. Thanksgiving Day
. Thanksgiving Friday
. Christmas Eve
. Christmas Day
. New Year's Eve
B. Non-Business Hours: All hours outside of Normal Buslness Hours, as defined above.
6. Reliance on Profe onal Skill of RWC.
RWC represents that it has the necessary professional skills to perform the Services and Additional
services required and CUSToMER may rely on such skills of RWC to do and perform the work. RWc
will perform all the work in a professional manner.
7. LIMITATION OF LIABILITY
NOTWTHSTANDING ANYTHING TO THE CONTRARY IN THE GTC OR SERVICES ORDERS, IN
NO EVENT WILL RWC BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR LOST PROFITS,
LOST REVENUES, LOSS OF GOODWLL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA,
THE COST OF PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT, INCIDENTAL,
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Page 2 of 8
ATTY/AGR.20'16.162/RWC Burlingame IT Services Fy16-17
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE
PERFORMANCE OR FAILURE TO PERFORM UNDER ANY SERVICES ORDER. FURTHER, RWC
WILL HAVE NO LIABILITY FOR ANY CLAIM AGAINST CUSTOMER BY A THIRD PARTY IN
CONNECTION WITH OR FOR RESPONDING TO EMERGENCY 911 OR OTHER EMERGENCY
REFERRAL CALLS. RWC will HAVE NO RESPONSIBILIry FOR THE SERVICE OUALIry OR
SERV|CE OUTAGES (t) CAUSED BY OR CONTRTBUTED TO, DTRECTLY OR |ND|RECTLY, BY
ANY ACT OR OMISSION OF CUSTOMER AND/OR ITS AFFILIATES, AGENTS OR
REPRESENTATIVES; (ll) DUE TO POWER FAILURES (llD DUE TO INTERNET OUTAGES;
[||)CAUSED BY THE FAILURE OR MALFUNCTION OF NON-RWC EQUIPMENT OR SYSTEMS; OR
(IV) DUE TO CIRCUMSTANCES OR CAUSES BEYOND THE CONTROL OF RWC OR ITS AGENTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GTC OR SERVICES ORDERS,
RWC'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER HEREUNDER WILL BE LIMITED TO THE
ACTUAL FEES PAID BY CUSTOMER TO RWC DURING THE PRECEDING TWELVE (I2) MONTHS.
8. Compliance with Law.
All services rendered hereunder by RWC will be provided in accordance with all ordinances,
resolutions, statutes, rules and regulations of CUSTOMER, and any federal, state or local
governmental agency having jurisdiction in effect at the time the service is rendered.
9. Relationship of Parties.
It is understood that the relationship of RWC to CUSTOMER is that of an independent contractor and
all persons working for or under the direction of RWC are its agents or employees and not agents or
employees of CUSTOMER.
10. Nonassiqnment.
The GTC and Services Orders are not assignable either in whole or in part.
1 1 . Amendments.
The GTC and Services Orders may be amended or modified only by written agreement signed by both
Parties.
12 \lalidi$L
The invalidity, in whole or in part, of any provisions of the GTC or Services Orders will not void or affect
the validity of any other provisions of the GTC or Services Orders.
1 3 Governinq LadLitiqation.
The GTC and Services Orders will be governed by the laws of the State of California and any suit or
action initiated by either Party will be brought in the County of San Mateo, California. ln the event of
litigation between the Parties hereto to enforce any provision of the GTC and Services Orders, the
REV: 06-22-16 JS
Page 3 of 8
ATTY/AGR.201 6.'l 62/RWC Burlingame lT Services FY1 6-1 7
unsuccessful Party will pay the reasonable expenses of litigation of the successful Party
'14. Mediation.
Should any dispute arise out of the GTC or Services Orders, the Parties will meet in mediation and
attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither Party will
be permitted to file legal action without first meeting in mediation and making a good faith attempt to
reach a mediated resolution. The costs of the mediator, if any, will be paid equally by the Parties. lf a
mediated settlement is reached, neither Party will be deemed the prevailing party for purposes of the
settlement and each Party will bear its own legal costs.
1s.!.ns!q.iba
CUSTOMER will defend, indemnify and hold harmless RWC and its officers, City Council, agents,
employees and volunteers from and against all claims, damages, losses and expenses (including
claims, damages, losses, and expenses brought by third parties to this agreement) including attorney
fees arising out of, or relating to, RWC's performance of the Services and Additional Services described
in the GTC and Services Orders, including any loss of data, except where RWC has been found, in a
court of competent jurisdiction, to be solely liable by reason of its gross negligence or willful
misconduct.
16. lnsurance.
RWC will not insure for any loss or damage to any of CUSTOMER's property of any kind owned or
leased by CUSTOMER or its employees, servants or agents even if such property is localed on RWC's
premises. CUSTOMER represents and warrants that all insurance required hereunder has been or will
be obtained prior to the commencement of delivery of Servlces by RWC under any Services Order.
Upon request, CUSTOMER will furnish RWC with certificates of insurance evidencing the required
coverage.
A. Liabilitylnsurance.
CUSTOMER will take out and maintain, so long as the GTC remains in effect, such bodily injury
liability and property damage liability insurance as will protect RWC while performing work covered by
the GTC and Services Orders from any and all claims for damages for bodily injury, including accidental
death, as well as any and all claims for property damage or loss which may arise in connection with the
provision of Services by RWC under the GTC and Services Orders. The amounts of such insurance will
be a minimum of One Million Dollars ($1,000,000) combined single limit bodily injury and property
damage for each occurrence. RWC, its officers, employees and agents will be maintained as additional
insured's on said policy. All insurance will be with insurance carriers licensed in the State of California
and in good standing with the California Department of lnsurance.
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Page 4 of 8
ATTY/AGR.201 6.'l 62IRWC Burlingame lT Services FY1 6-1 7
B. Self lnsurance.
Notwithstanding the above, CUSTOMER will have the right to self-insure against any and all
perils and/or liabilities against which itwould otherwise be required to insure and will also have the right
to effect any such insurance by means of so called 'blanket" or "umbrella" policies of insurance. lf
CUSTOMER decides to self-insure, CUSTOMER must provide RWC with written notice of self-
insurance identifying the type of policy coverage and the amount for which it will self-insure.
17. Notices.
All notices required by the GTC or Services Orders will be given to RWC and CUSTOMER in writing, by
first class mail, postage paid, addressed as follows:
RWC The City of Redwood City
Attention: lT Manager
1017 Middlefield Road
Redwood City, CA 94063
CUSTOMER:AS SPECIFIED ON SERVICES ORDER
18. Termination. lf CUSTOMER fails to make any payment when due and such failure continues for
10 business days after written notice from RWC, or if either party fails to observe or perform any other
material term of lhe GTC or Services Orders and such failure continues for 30 days after written notice
from the other party, then the non-defaulting party may: (a) terminate the GTC and/or any Services
Order, in whole or in part, and/or (b) subject to the limitations of the GTC, pursue any remedies it may
have at law or in equity.
19. Force Maieure. Neither party will be liable, nor will any remedy provided by the GTC be available,
for any failure to perform any obligations under the GTC or Services Orders (except the obligation to
pay invoices for Services delivered) due to causes beyond such party's reasonable control which will
include without limitations, acts of God, earthquakes, labor disputes, changes in law, regulation or
government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment
failures, transportation difficulties, power or internet outages, or other similar occurrences ("force
majeure").
REV:06-22-16 JS
Page 5 of 8
ATTY/AGR.201 6. 1 62IRWC Burlingame lT Services FY1 6-1 7
DATE:
CUSTOMER NAME:
CUSTOMER ADDRESS:
THE CITY OF REDWOOD CITY
INFORMATION TECHNOLOGY SERVICES
SERVIGES ORDER
6114t2016
City of Burlingame
501 Pri-mrose Road
Burlingame, CA 9401-0
Tel:650 . 558 . 7 2L3 Fax:_
Email: caugustineGburlingame . org
SERVICE COMMENCEMENT DATE: 7 /L/2016
PRICING:
INITIAL SET UP FEE: N/A
MONTHLY RECURRING CHARGE:$41 ,293.54 (3,425 hours at $165.70 per
hour divided by L2 months.
HOURLY RATE FORADDITIONAL SERVICES*: l-65.70
DURING NORMAL BUSINESS HOURS: 16s.70
DURING NON-BUSINESS HOURS: 248.55
-SUBJECT TO ANNUAL ADJUSTMENT BY RWC
lNlTlAL SERVICE TERM: 1 Year
MISCELLANEOUS: Hours worked above 3,425 will be invoiced in July, 2017. Unused hours will be refunded
in July 2017.
Capitalized terms not defined herein have the meaning set forth in the General Terms and Conditions
(GTC) attached hereto.
All charges in this Service Order are exclusive of taxes and fees.
By executing this Service Order, CUSTOMER is requesting, and agrees to pay for the Services
identified and described in this Services Order and to be bound by the GTC, which is attached hereto
and incorporated by reference.
Without limiting the generality of Section 15 of the GTC, the defense, indemnity and hold harmless
provisions of Section 15 of the GTC shall apply to any malicious activity delivered through email that
the spam solution employed by RWC does not catch.
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Page 6 of 8
ATTY/AGR.2016.162/RWC Burlingame lT Services FY16-17
SERVICES TO BE PROVIDED:
One full-tj-me Redwood City fT Staff will be assigned to CUSTOMER on-
site to provid.e infrastructure, network, server, data center, printer,
mobite device, desktop, telephone system support, and aid in special
technology projects as requested.
In addition, Redwood city staff will provide "best effortrr
infrastructure support to Central County Fire Department as they
migrate off Burlingame's infrastructure.
RWC IT will assign one software developer to report to CUSTOMER
Einance Department. Services provi-ded will- consist of modifying or
writing new software code in CUSTOMER Universe Database to support
financial services, payroll, utility bi1ling, audit, and other sub-
systems as requested bY CUSTOMER.
RWC will maintain a live copy of CUSTOMER Universe Database on a
dedicated. server, available to CUSTOMER when requested. In exchange,
CUSTOMER wil-l host a li-ve copy of RWC Universe Database on a server
housed in CUSTOMER data center. It is the obligation of each party to
schedule and notify the other when they will be using the backup
system housed on the other's facility for either testing or
pioducti-on. It is the obligation of each party to test their agency's
repsective backup system housed at the other's facility in order to
confirm it is a usable working backup
RWC will, at no add.it.ional- cost to CUSTOMER, continue having CUSTOMER
email flow through RWC spam protection solution for CUSTOMER
protection from viruses and other malware typically delivered through
email.
RWC, upon request, wiIl advise, write specifications, implement,
and/or maintain any other technology agreed upon by both parties
provided that RWC has the skil1s and resources to perform such
services.
The individual signing for CUSTOMER represents that he/she is authorized to enter into this Service
Order on behalf of CUSTOMER.
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Page 7 of 8
ATTY/AGR.2016.'l62IRWC Burlingame IT Services FY16-17
By
CITY OF BURLINGAME
('cusToMER")
CITY OF REDWOOD CITY
('RWC',)
By
Name: Melissa Stevenson Dj-az
Title: City Manager
Name:
Title:
Date:Date
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Page 8 of I
ATTY/AG R.20 1 6. 1 62/RWC B urli nga me lT Services FY 1 6-17
ri
AGENDANO: 8e
MEETING DATE: July 5, 2016
To Honorable Mayor and City Council
Date: July 5, 2016
From: Eric Wollman, Police Ghief - (650) 777-4123
Subject: Adoption of a Resolution Approving the City of Burlingame Response
Letter to the San Mateo County Civil Grand Jury Report "Body Cameras-
The Reel Truth"
Staff recommends that the City Council adopt a resolution approving the City's response letter to
the San Mateo County Civil Grand Jury report "Body Cameras-The Reel Truth".
BACKGROUND
On May 24, 2016, the San Mateo County Civil Grand Jury released a report entitled "Body
Cameras-The Reel Truth". The reports states that 16 independent police departments and the
Sheriff's Office provide local law enforcement in San Mateo County. Eleven of the 16 do not use
body-worn cameras. The report states that after interviewing over 25 law enforcement
commanders, line officers, police union representatives, and other interested parties, the Grand
Jury concluded that there are several excellent reasons for law enforcement to employ body-worn
cameras.
DISCUSSION
The report provides a summary of the Grand Jury's investigation regarding body-worn cameras
and discusses the advantages and disadvantages of employing a body-worn camera system.
Based on this investigation, the Grand Jury concluded that body-worn cameras would be
advantageous to San Mateo County law enforcement as well as individuals they encounter. The
report found that:
. Costs are containable
o Hardware, software, and storage options are available to accommodate individual agency
requirements. Operational policies are available and easily modifiable to meet specific agency
requirementso Training is minimal
o Patrol staff rapidly accepted body-worn cameras. The behavior of both citizens and police officers improves when their actions are being
recorded on video
The report includes five findings and four recommendations to address those findings; two of the
recommendations are not applicable to the City of Burlingame. The report directs each affected
agency to submit a response to the findings and pertinent recommendations by August 22,2016.
STAFF REPORT
1
RECOMMENDATION
7 Grand Jury Repoft Body-Worn Cameras July 5, 2016
The recommendations that are relevant to the City of Burlingame include:
R1. The Grand Jury recommends that the councils of those cities/towns that have not adopted
body-worn cameras direct their respective chiefs of police to develop an appropriate body-
worn camera implementation plan and advise the public of their plan by November 30,
2016.
R3 The Grand Jury recommends that the police departments of those cities, towns, and the
Broadmoor Police Protection District that have not adopted body-worn cameras
implement a body-worn camera system as soon as practicable but, in any event, no later
than October 31, 2017.
Staff has reviewed the findings and recommendations and has prepared a draft response letter
for Council approval (see attachment). Since the Police Department has not had an opportunity
thus far to do a thorough analysis of the pros and cons of body-worn cameras, the response letter
does not commit the City to implementing the recommendations, nor does it determine that the
recommendations will not be implemented because they are not warranted or reasonable.
Rather, the response letter notes that the Department will conduct a thorough analysis of this
matter and returning to the City Council no later than November 30, 2016, for discussion and
direction.
FISCAL IMPACT
Staff has made inquiries into the cost of implementing a body-worn camera system and has
determined the cost to be approximately $30,000 per year if the City leases the cameras. The
cost to purchase cameras is higher and unknown at this time. Staff will develop more concrete
estimates prior to returning to Council for further discussion of this matter.
Exhibits:o Resolution. Draft Response Letter to the San ltlateo County Civil Grand Jury Report
. San ltllateo County Civil Grand Jury Report
2
RESOLUTION NO.
WHEREAS, the San Mateo County Civil Grand Jury released a report entitled, "Body Cameras-
The Reel Truth" on May 24, 2015; and
WHEREAS, the report concludes that body-worn cameras would be advantageous for all San
Mateo County law enforcement agencies as well as the individuals they encounter; and
WHEREAS, the report included five findings along with four recommendations to address those
findings; and
WHEREAS, the County has requested that each agency respond to the findings and pertinent
recommendations, and submit responses to the San Mateo County Grand Jury byAugust 22,20L6; and
WHEREAS, the City Council has received the proposed draft response letter attached hereto as
Exhibit A.
That the letter in response to the San Mateo County Grand Jury Report, "Body Cameras-The
Reel Truth" is hereby approved, and the Mayor is authorized to sign and convey said letter on behalf of
the City.
Ann Keigh ran, Mayor
l, Meaghan Hassel-Shearer, City Clerk of the city of Burlingame, do hereby certify that the foregoing
Resolutlon was introduced at a regular meeting of the city Council held on the 5th day of July, 2016 and
was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NoEs: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel-Shea rer, City Clerk
A RESOTUTION OF THE CITY COUNCIL OF THE CITY OF BURTINGAME APPROVING THE CITY OF
BURLINGAME RESPONSE TETTER TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT ,.BODY
CAMERAS-THE REEt TRUTH,,
NOW, THEREFORE, THE CITY COUNCIT OF THE CITY OF BURTINGAME RESOLVES AND ORDERS AS
FOLTOW:
f
ANN KEIGHRAN, MAYOR
RICARDO ORTIZ, VICE MAYOR
MICHAEL BROWNRIGG
DONNACOLSON
EMILY BEACH
The City of Burlingome
CITY HALL -- 50I PRIMROSE ROAD
BURLINGAME, CALIFORNIA 9 4OIO-3997
TEL: (650) 558-7200
FAX: (650) 566-9282
www.burlingam e.org
July 5, 2016
Honorable Joseph C. Scott
Judge of the Superior Court
c/o Charlene Kresevich
Hall of Justice
400 County Center; 2M Floor
Redwood City, CA 94063-1655
Subject: City of Burlingame Response to Grand Jury Report "Body Cameras-The Reel Truth"
Dear Judge Scott:
Thank you for the opportunity to review and comment on the above referenced Grand Jury report regarding body-worn cameras.
After reviewing the Grand Jury report and all available data pertaining to our community, the City is submitting the following
response letter to the findings and recommendations contained in the report.
Responses to Grand Jury Findings:
F1 The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments have deployed body.worn
camera systems.
Response:
The City agrees with this finding.
F2,The Sheriff's Office and five of the city police departments that have not deployed body-worn cameras all
expressed similar concerns regarding the implementation of these systems, the cost of equipment, the cost of
data retention, and policy development.
Response:
The City agrees with this finding, relying on the Grand Jury's representations in their report.
F3.The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments have budgeted sufficient
funds to manage the cost of equipment, data retention, and training'
Response:
The City agrees with this finding, relying on the Grand Jury's representations in their repoft.
The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments have developed written
policies regarding the operation and data retention of body-worn camera systems as well as the protection of
the rights of the community and police officers. Hillsborough is in the process of developing a similar policy.
F4,
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R1
The Honorable Joseph C. Scott
July 5, 2016
Page2
Response:
The City agrees with this finding.
F5.Many local law enforcement agencies that currently do not employ body-worn cameras acknowledge that these
systems are beneficial and will likely be implemented in the future either voluntarily or by mandate.
Response:
The City agrees with this finding, relying on the Grand Jury's representations in their report.
Responses to Grand Jury Recommendations:
The Grand Jury recommends that the councils of those cities/towns that have not adopted body-worn cameras
direct their respective chiefs of police to develop an appropriate body-worn camera implementation plan and
advise the public of their plan by November 30, 2016.
Response:
This recommendation requires further analysis of the costs and benefits of implementation, the appropriate technology to
use that integrates with the Police Department's current records management system, and competing priorities in the
Police Department. This analysis will be completed by November 1,2016, and presented to the City Council for
discussion by November 30, 2016.
R3.The Grand Jury recommends that the police departments of those cities, towns, and the Broadmoor Police
Protection District that have not adopted body-worn cameras implement a body-worn camera system as soon
as practicable but, in any event, no later than October 31,2017.
Response:
As described above, the use of body-worn cameras requires further analysis. Should the City choose to move fonivard,
then staff will request that the City Council include sufficient funding in the FY 17-18 budget so that the cameras can be
implemented by October 31,2017 .
The Burlingame City Council approved this response letter at its meeting on July 5, 2016
Ann Keighran
Mayor
c: Burlingame City Council
Register online with the City of Burlingome to receive regulor City updotes of www.Burlingome.org
I
Sincerely,
J
\Aay 24, 2016
RECE,{VEW
t'{AY e 5 2tj1$
":rJ#H,[f,fr5l'fiE
An error was discovered following the distribution of advance copies of the
report entitled "Body Camera - The Reel Truth,"
The last paragraph in the Summary should read "All law enforcement
agencies in the County implement body-worn camera systems with the
assistance of city/county administration by October 31,2017,'
The enclosed report has been corrected
J
Supcrior Clourl of Calilirrnia, County ol'San Mateo
llall of .lustice and llecorcls
400 County Center
Redrvood City, CA 94063-1655
ll()DINA rvI. CA',l'At.ANO
(.'OL IR'l' EXE('1..1'llVI:l Ot;Fl('Ult
CI.L.,RK & JI.]It\' (ONIiVIISSIONEIT
(6-s0) 2(tl-50(16
I:AX (i50)2(rl-51;17
$ $'\\'.sitnnlittcocourt.of q
Thc recolntnendation rcquires furtlrer analysis, rvith an explanation and the scope and palarneters of
an analysis or study, and a tirne lrame tbr the nrattcr to bc prepared for discussion by the officer or
dircctor of the agency or department being investigated or reviewed, including the govcrning body of
the public agency when applicable. 'l'his time franrc slrall not exceed six montlrs liorn the date of
publication of the Grand .lury reporl.
The recotnmendation will not be intplenrented because it is not warranted or reasonablc, with an
explanation therefore.
May 24,2016
City Council
City of Burlingame
501 Printrose Road
Burlingame, CA 94010
Re: Grand Jury Report: "Body Cameras - The Reel Truth"
Dear Councihnembers:
The 20 l5-2016 Crand Jury filed a report on May 24,2A16 which contains findings and recourmendations pertaining
to your agency. Your agency must subrnit comnrents, within 90 days, to the l-lon. Joseph C. Scott. Your agency's
response is due no later than August 22,2016. Please note that the response should indicate that it was
approved by your governing body at a putrlic meeting.
For all findings, your responding agency shall indicate onc oithe lollowing:
l. The respondent agrees with the finding.
2. The respondent disagrees wlrolly or partially with the finding, in rvhich case the response shall specify
the portion ofthe finding that is disputed and shall include an explanation oftlre reasons therefore.
Additionally, as to each Crand Jury recotnntendalion, your responding agency shall report one of the following
aclions:
l. The recomrncndation has been irnplemented, with a sunlrnary regarding the implemented action.
2.The recotntnendation has not yet been implemented, but will be implernented in the future, with a
time franre for irnplenrentalion.
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Please submit your responses in all of the following rvays:
l. Responses to be placed on file rvith the Clerk of tltc Court by the Court Executive Office.
Prepare original on your agency's letterhead, indicate the date of the public meeting that
your governing body approved the response address and mail to Judge Scott.
Hon. Joseph C. Scott
Judge of the Superior Court
c/o Charlene Kresevich
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655.
2. Responses to be placed at the Grand Jury website.
Copy response and send by e-mail to: grandiury@saumateocolrt.org. (Insert agency name
if it is not indicated at the top ofyour response.)
3. Responses to be placed with the clerk ofyour agency.
a File a copy of the response directly with the clerk of your agency. Do not send this copy to
the Court.
For up to 45 days after the end ofthe term, the foreperson and the foreperson's designees are available to clarifu the
recornmendations ofthe report. To reach the foreperson, please call the Grand Jury Clerk at (650) 261-5066.
If you have any questions regarding these procedures, please do not hesitate to contact Paul Okada, Chief Deputy
County Counsel, at (650) 363-4761.
Very truly yours,
a
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&-ffi@4
Rodina M. Catalano
Court Executive Officer
RMC:ck
Enclosure
Hon. Joseph C. Scott
Paul Okada
Information Copy: City Manager
cc:
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BODY CANI IiIIAS __'tHE ITT'EI, T'RT I'T}I
ISSUE
What is the status of local law enforcement's use of oftlcer body-worn catneras?
SUMMARY
Recent officer-involved shootings around the conntry, including the 2014 shooting in Ivlenltr
Park,l have focused public attention on the use of body-worn cameras by law enforcement
agencies. The 201 5-2016 San Mateo County Civit Grand Jury investigated the use of body-worn
cameras by local larv enforcernent and discovered the follor'ving:
e Sixteen indepenclent police departments and the Sheriffs Office provide local iaw
enforcement in San Mateo County. -l'he Grand Jury surveyed all of these agencies
regarding use of body-worn cameras.
o Five police departments are clllrently using body-worn cameras.
. The Grancl Jury interviewed representatives from the Sheriff s Office and five of the
l1 police departments not using body-worn cameras. All six of these agencies have
considered or are considering the ttse of body-worn cameras.
o Among those agencies that have not cLlrrently deployed body-worn cameras, the
Grand Jury discovered commol'l ooncerns regarding the cost, policy development
(inclgding civil rights concerns), impact of future carnera technology, and ttnknown
future legal mandates.
. Bach local law enforcement agency utilizing body-worn cameras weighed these concerns.
Sonte found inrrovative cost-redLlction strategies and all developed policies and practices
for their use.
After reviewing the literature on the advantages and disadvantages of police use of body-
tvorn cameras and conclucting over 25 interviews with loca1 law enfbrcement commanders,
line officers, police union represenlatives. and other interested parties, the Grand Jury has
concluded that there are several excellent reasons for law enforcement to ernploy body-worn
cameras.'I'he costs associated r,vith the acquisition and operation of body-w<lrncameras ltave
decreasecl over the past several years. making this technology ntuch more affordablc.
Standardized policies for use havc been developed by profcssi<lnal police organiz.ations.
These guitlelines have been modified and adoptecl by the local police departments using
body-worn cameras. These existing policies rnay well serve as templates for other local law
enforcement agencies.
I CBS SI. Bay Area, Nktnla l'ark l'olic,e Shoot, K'ill TrmeLl BLtrglor.t' Suspect; Of/ic'er lnjured tluring Fool Cha'se,
Novernber I I , 20 I 1. http:/./sanfrancisco.cbsloeal,c <tntl2}l4l I I 11 l/menlo-park-ptllicc-shool-olticer-irljured-cltn'ing'
foot-chasc/.
2015-2.016 Sarr lVlateo Cotrnty Civil Crand Jtrry
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After weighing the advantages and disadvantages of body-wom cameras. the Grand.lury
recommends that:
All law enforcerrretrt agelrcies in San Mateo County adopt body-worn cameras.
The Board of Police Commissiorrers of the Broadmoor Police Protection District and the
city councils of those communities that have not adopted body-worn canreras review use
with their respective chief of police to determine an appropriate body-worn camera
implementation plan and advise the public of their plan by November 30,2016.
All law enforcement agencies in the County implement body-worn camera systems with
the assistance of city/county administration by October 31.2017.
BACKGROUND
According to the American Civil Liberties Union (ACLt"J), "the August2014 shooting of
Michael Brown in Ferguson, Missouri, and the subsequent protests and civil unrest focused new
public attention on the problem of alleged police violence-and on the possibility that body-
worn cameras might be part of the solution."2
The above incident, as well as other recent officer-involved shootings in the news, has created
a lack of confidence in law enforcement by some of the public. The perception thatlaw
enforcement is not accountable to citizens for its actions is a dangerous development and is
troublesomc for police professionals and concerned citizens alike. The existence and media
replays of bystander videos and police car dashboard and body-worn cameras have contributed
to a heightened awareness regarding the use of force by members of law enforcement.
Through interviews of local law enfbrcement, the Grand Jury learned of incidents where the
use of video evidence by law enforcement was of significant assistance in determining whether
allegations of excessive use of force or improper behavior by police officers were valid. [n such
cases, video evidence may be beneficial, but in addition, it can also be valuable in cases where
complaints against a police officer for being rude or unprof'essional need to be resolved. In
one example, a city police chief recounted to the Grand Jury a story of a young man's father
calling to complain about the treatment his son received from a police officer when issuing a
traffic citation, When invited in to review thc video, both father and son saw that the officer
acted appropriately. The Grand Jury's investigation futher revealed that this is not an isolated
case. Several law enforcement offrcials interviewed by the Grand Jury recounted situations
where filmed encounters with policc officers reviewed with complainants resulted in formal
complaints being withdrawn or not pursued in addition to rare cases that resultetl in officers
being disciplined.3
2 Jay Stanley, Police lltil1-l,ltntn!e d Cunterqs; ll,'it h lliglt l'olic'ics in ['luc:t:, u ll"itt ,fi r ,4ll t'.2, American Civil
Liberties Union, March 20 I 5. https://www.aclu.orgipolice-body-mounted-cameras-right-policies-place-win-all.
3 l,ocal law enforcernent: multiple interviews by the Grand Jury.
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According to a 2012 nationwicle survev conducted by T'aser,'r a ma.iority of policc olf.icers
believo that there is a need for bo<iy-worn cameras.s'I'he survey includecl 785 ltderal, state, and
local law enfgrcemclt professignals. According to Doug Wyllie, PoliceOne llditor in Chicl
.,perhaps the most important single piece of data rvas lhal more than 85% of respondents believe
tliat buly-worn "unl.ros
reduce false clairns o1'police tniscoltdttct, ancl redttce the likelihood of
litigation against the agency."6 A surprising statistic in thc survey relates to the perceived
effJctiveneis of body-worn cameras verslrs in-car systems, withTTYo of otllcers saying tliey
think the bociy-worn solution is morc effective.T A 2015 study condr.rcted by the University of
South Florida with the Orlanclo Police Department reported that "most officers felt that their
agency should adopt body-worn cameras for all front-line oflicers and reported that tliey would
feel comfortable wearing a body-worn camera'8
A commonly cited indicator of hody cameras'potentialto reduce instances of of'ficer-civilian
conflict is the "Rialto Study." ln Rialto, a small city outside of Los Angeles, the police
clepartment outfitted ali 70 of their uniformed officers with hody-worn cameras, theorizing that
use of the cameras would reduce complaints and lawsuits. and accordingly also re<1ttce expensive
litigation costs, as well as settlements and payouts.e
The introduction of body-worn camerad in Rialto as standard equipment in2012led to an
88% reduction in public complaints against officers, and a 60% decline in officers' use ol'
force. This dramatic reduction in the use of forcc indicates that hody-worn cameras may
have had a moderating effect on officers' behavior, as the presence of a camera appeared
to drastically lolver the frequency with which officers "resorted to the use of physical
force-including the use of OC spray ('pepper spray'). batons, 'l'asers, firearms, or canine
bites,"lo
Showing citizen interactions from the officer's perspective to the cornmunity at large has
resulted in a reduced rate of public complaints.ll Based ttn its investigation, irrcluding its
4 Taser is a manufacturer of body-worn cameras and related lalv enlorcement equipment. See
https ://r.vww.taser.com/.
5 Doug Wyllie, Stut,ey: Potice Oflicet's llant Botly-Worn Caneru.s, October 23,2012. PoliceOnc.
http:r/ivrvrv.policeone.com/police-products/body-carrreras/articlesi60 I 7?74-Sun'ey-Police'officers-want-body-worn'
cameras/.
6 tuia"
7 tuia.
8 Evaluating the hnpact of police Officer Body-Worn Camcras (tlWCg: 'rhe orlando Police Departrnent (oPD)
Experiencelhttp://rnedia.cmgcligital.conr/shared/ne ws/clocuments/20 I 5/ I 0109/OPD-F'inal-Report-Exectttive-
Summary- l0-6- l5.pdf.
I 'tt. Eif.rt of police Body-Worn Oarneras on Use of Force and Citizens' Complaints agaitrst the Police:
A Ranclornizecl Controlled;l'rial Original l'aper,.lournal of QuantitativeCriminologv-, Septentber20l5, Volume 3l'
Issue 3, pp. 509-535.
r0 police0ne Statl J Ways Bocly-lVorn (]omeras llave Helped PoliccOfrtcers: t{otv Videofrom the O.fficar's
Pe rspective ls Making 7'heir ,tobs Ea;ier, September 30' 20 l4' Policeone'
https:i/wrvw.policeone.com/police-products/body-cameras/articles/75223lA-5-ways-body-rvorn-calneras-have'
helped-police-o ffi cers.
ll 'Consirlcring Police Body Canreras," l-!arvard Law Reviev t28.6 (April 10,2015): 1794-802,
http://harvardlawreview.orgi20 I 5/04/consiclering-police-body-calrcras/,
32015-201(r San Mateo Cotrnty Civil Grand 'lury
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interviews rvith law entbrcernent personnel. the Granci Jury conclucles that bocly-worn catllcras
are a net positive in law enfttrc:ement'
Local law enforcement ofFrcials informed the Grand Jury of the fbllowing perceived advatttages
ancl clisadvantages to the utilization of body-w<lrn canleras by their officers:
Advantages of Body"Worn Camerasl2
Reducing cornplaints:
o Potice behavior is improved and the ttse of lorce is redtrced.
o Resident behavior is imProved.
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Providing unedited video evidcnce of tlecisions nr.ade by officers in
high-intensity situati ons
Increasing transparency and acconntability of police officers' activities and improving
community perception of larv enforcement
Providing valuable evidence in court proceedings and/or in obtaining witness
and victim statements
Disadvantages of Body-Worn Camerasl3
. Officers must manually activate/deactivate the camera in most systems in use today.
r Policy development has potential for risk (e.g., privacy issues, chain of custody,
and officer activation of camera) due to lack o1'clarity as to applicable lederaland/or
state law.
o 'fechnology is changing rapidly, which nray limit product support ai'ler a f'elv years' use.
ReplacemJnt equipment may be costly, Future local, state, and/or federal legal and policy
mandates could add to overall costs.
o Increased Pgblic Records Act requests could add to administrative costs such as locating
a video segment, redacting or blurring irnages of individuals not relevant to the incident,
documenting changes, and copying the specitic video segrnent'
'fhe San Mateo Cognty SherifI.s Office and other local lalv enlbrcement agencies use many
tbrms of modern technolclgy inclLrding auclio recorclers \,vorn on police ofticers, ar"rtomobile
dashboard cameras ("dash calns"), and gunshot detection systems,ll as well as survcillance
technologies such as license plate readers and closecl-circuit'l'V. All of these tcchnologies have
l2 Officials frorn San Mateo County larv enforcement: intcrviervs lry the Crand Jury. Adapted lrorn Atherlon Police
I)epartment document.
ll tbid.
la A gunfire locator, ol gunshot detection systcrn, is a systertt thflt detects and conveys the location ofgunfire
nr <,tllr weapon fire using acorrstic. optical. potentinlly othcr types of scnsors. as well as a cornhirtation of
such sensors.
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advantages ancl clisaclvantages. Police comnrand stafl electecl olllcials altd city administrators, as
rvellas concerncd and intoimed citizens rnust cleternrine whicli of toclay's technologies and thosc
irr developrnent are appropriate to ensure their cotrtmunity's safety attd security. [iqually
irnportaliis the concein for the civil rights artci privacy of citizens and police officers.
DISCUSSION
Body-worn cameras are in limited use today amorlg the County's 15 independent city/town
police departments, the Broaclmoor Police Protection District, and the Sheriffs Office (whose
j,risdiction includes unincorporatecl areas ol'the County and the communitie s of Half N{oon Bay,
Millbrae, Portola Valley, Sart Carlos. and Woodsidc)'
The Grand Jury fbund that five local police departments are currently using body-worn cameras.
They are:
o Atherton PD dePloYed in 2006
r Belmont Pf) dePloYed iri 2014
o Foster City PD dePloYed in'2012
r Hillsborough PD dePloYed in 2014
. Menlo Park PD deploYed in 20'13
The Grancl Jury interviewecl representatives from five of the remaining ll police departments.
All five indicatecl varying Leveis of interest in adopting body-lvorn cameras but have decided tcr
wait. These departments are:
o Daly City Pi)
r East Palo Alto PI)
o Redwood City PD
. San Mateo PD
r South San F'rancisco PD
'l'he Grand Jury intcrviewed reprcsentatives from the San Mateo Coullty Sheriffs Office, which
has also considered use of body-worn cameras and has decided to wait'
The police departments using body-worn cameras describe their cxperience of deploying'
maintainilg, and managing body-rvorn canleras as ranging lrom "positive" to "extremely
positive.,' iraining for ihe use of these systems generally takes less than two hottrs. Departntent
representatives alio reported that the most difficult task ir-rvolved in implernenting a body'worn
camera systenr is decicling which of the many available systems is the best fit for the agency's
needs ani budget, With a*large ancl gror,ving nurnber of rnanufacturers, there is a wide variety of
features and options available on inclividual canteras and systems inclucling:
r Camera m<luntiug opttons
r Selectable catnera resolution
o Expancled freld-of-view capability
r Zoont capabilitY
. Enhanced low-lightcaptrbilities
r Improvecl image stabilizatiorr
5201 5-201 6 San Matco (.lottttt)' C)ivil Grand Jttry
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r Expandable internal storage capacity
r Extended battery life
. Software management platform
o Software compatibility options
r Data storage medium
o lntegration compatibility with other law enforcement tools (i.e., dash cams, on-board
computers, light bar/siren activation, etc.)
o Available technical support
Three of the five local police departrnents using body-worn cameras (Atherton PD, Foster City
pD, Menlo Park PD) have opted for cameras typically mountecl on the officer's torso. 'fhey are
approximately 2" x 3.25" x 0.75", clipped to the shirtlblouse, and are activated by a button on the
fiont of the camera. A disadvantage of this camera style is that when mounted mid-chest on the
officer, it does not automatically move in the same direction with the officer's head. In addition,
the camera tends to be clirectly behind an officer's standard two-handed pistol grip stance, thus
somewhat restricting the camera's view when confronting a suspect. [Iowevet, this system is
generally less expensive.
Both the Flillsborough and Belmont Police Departments have deployed a camera-the Taser
Axon Flex-- that is mountable on an officer's shoulder epaulette, collar, glasses, or helmet (see
Figure 1). This carnera, including its integrated storage module, is slightly larget than one AA
baitery and attached to its battery pack by a thin cable. It is also one of the more expensive
cameras currently in use but it allows considerable mounting flexibility.
Figure 1. Taser Axon Flex Mounted to an officer's Glasses
Photo: TASER Interuational I5
Other options cugently available on the Axon Flex include high-definition (HD) resolution,
expanded on-camera storage capacity, image stabilization, and extended battery life. According
to law enforcement commanders interviewed by the Grand Jury, a low-iight camera is optimal as
l5 source: hltp://wwrv.fastcotnpany.comllSlTg60ltasers-nelv-police-glasses-cam-lets-citizens-see-what-cops-see.
2015-2016 San Mateo County Civil Grand JLrry 6
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lorrg as il only, minrics what the lruuran eye carl see, Ior example, an officer might see a weapol.l
in lorv lig[1. but it is revealed as a uervspaper in enhanced light. 'l'his disparity cortld creitte
eviderrtiary issues rvheu used at trial'16
Expcrience allong local larv enforcentent indicates bodl'-worn cameras have had a heneficial
effect 6n the police officers as well as the public they encounter. In interviews, local police
departmenl. representatives described the reaction of officers to bocly-worn cameras as
overwhelmingly positive.lT Initial concerns on the part of a few officers abottt learning a new
technology were overcome by training.ls Interviewees also noted that the body-worn carnera
recor<lings have been valuable when training new recrttits on proper procedures and operations'
In acldition, according to both conrmand statf and line of1icers, law enforcement as wcll as the
public seem to be on better behavior when they know they are being recorded. According to
.Sean Whent, Chief of Police, Oakland (CA) Police Department, "we have about 450 body-worn
cameras actively deployed, and in the overwhelming majority of the cases, the footage
demonstrates that the officer's actions were appropriate."l9
This anecdotal evidence from several local law enforcement personnel at command
and patrol levels supports findings in a recent research repo( from the University of
South Florida:
F'ollowing completion of the l2-month University of Sor,rth Florida Orlantlo
Police Department BWC flvah.tation, which was based on a randomized
experiment where 46 offrcers were randomly assigned to wear BMCs and 43
otficers were randonrly assigned not to wear BWCs, the results suggest that
BWCs are an effective tool to reduce response-to-resistance (R2R) incidents and
serious cornplaints. . . . Interestingly, although nearly all of the officers were
skeptical about the (positive) impact that BWCs would have on their behavior . . .
',vearing a BWC did positively influrence their behavior and lead to significant
reductions in R2R ancl seriorts external complaints'
F'inal|y, the majority of the olficers lvant to keep their body-worn cameras,
believe the agency should implement a full-scale adoption, attd are r.villing to train
their peers in BWC implementation and operation.2()
l6 Official from the I{illsborough Police Department: interview by thc Grand Jtrry.
l? Officials from city police departments using body-wont cameras: interviervs by the Grand Jrrry.
l8 Accorcling to law-enforcement offioials intcrviewed, training patrol personnel on procedures and operational use
ofthe botly-worn catnera systeln rvas typically a trvo-hour exercisc.
l9 ..Editorial: Sherifl's Departnrent to Furthcr Tcst Body Calneras," The Itre.ss htlerprise, Novernber 1 ' 2l)14.
http://wwrv.pe.com/articles/cameras-7 53?24"body-pol ice.htrnl.
20 Wesley C. Jennings, Mathew D. [,ynch, and Lorie A. Irridell, "lixeoutive Strnrmary--*Evaluating thc lmpact of
police Oiflcer Botly-Worn Cameras (UWCS): 'fhe Orlando Policc Departme.rrt (OPD) Experiencc," Tarnpa. F[,:
Urriversity of South ltlorida,20l5, p.2.
72015'.201(r Satt Mateo Cotrnty Civil Crand Jtrry
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Reasons for County Law Enforcement Not lmplementing Body'Worn Cameras
Even larv esforcement leaclers iri San Mateo County whclse agettcies have rutl adopted body-
worR cameras agree that body-worn cameras rvill likety be bcrreflcial,2l A representative f,rom
one local law enforcement agency oommented, "Not only are they [body-worn canteras]
expected, it's almost required by our citizens."22
"l'hey atso concede it is highly probable that body-rvorn cameras will be adopted either
voluntarily or by statute. 'fhese agencies that have not inrplemented body-worn cameras,
however, have cited similar reasons for waiting. 'I'hese reasons include:
o Cost of system hardware
o Cost of data storage
o Development of standar:d use policies
o Limited case law affecting policies regarding the ttse of body-worn cameras such as data
retention time and privacy and civil rights concerns among other issues
o Concem that technology developments will render existing equipment obsolete rvithin a
few years
o Concern that state or federal lar,v may dictate use of body-worn cameras with specific
features or technologY
Each of the five law enforcernent agencies in San Mateo County currently using body-rvont
cameras has addressed these six issues. While the Grand Jtrry acknowledges that there are
several concerns raised by those agencies that have not yet adopted body-worn cameras, the
critical question is whether these concerns are sr,rfficient t<l delay implementing a body-worn
camera system.
Cost and Technology of Body'Worn Camera Systems
Five Sari Mateo County law enftlrcenlent ageilcies have deploycd threc diftbrcnt tnanutacttlror's
systems with varying flature.s inclucting mounting options. A commercially availahle off-the-
sirelf system ,r.d bf o,",. department is by far the most economical. 'l'he specihed firnctionality
of this camera system indicates it r:ft'ers an exceplional value when comparecl to other brands
and modcls.
2l Officials lronr local lalv enf,orcentent agencies: interviervS by tlre Grand Jury
22 l-ocal city police chief: interviov by thc Crand Jury'
I2015-2016 San Mateo Cotrnty Clivil Grand Jtrrl'
)(
Figure 2. Low-Costo Off-the-Shelf Muvirlr I{D Bocly-Worn Camera
Photo: Veho Worlcl23
The cost of data storage can vary widely as well. I-lowever. the Grand Jury flound that ttle actual
cost of implementirlg even the rnost expensive system is significantly less than the perceplion of
the many agencies that have not adopted body-rvorn cameras.2a Several police departments
inforrned the Grand Jury that the cost of data stotage is on a downr.vard traiectory. These
departments expect it r.vill be a small percentage of the eost of the body-r.vorn camera systeni
over time.
2i Source: http://rvrvrv. veho-ntuvi'com/law-enforccment/'
2a Of,ficials fronr local law cniorcement agencies: inlerviervs by the Grand Jury
92015-201 6 San ir{ateo Cotrttty Civil Grand .lury
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1t t :7 .21' "a ',.. --...i ',7
The following tatlle surlntarizes the systenrs anclsome key fe,atures of the body-rvorn canteras
adopted by local law enfbrcement:
Tablc I. C'omparison of Body-Worn Cnmcra Systems in [Jsc in San Matco County
cih'Athcrton Bclmont Foster City Hillsborough Menlo Park
Manufacturer/
Model VIEVU LE3i
'l'aser Axon
Flexi'
vehoiii MUVITN'
I{D (oft'-tho-
shcl 1)"'
J'aser Axon
Irlexiu VIEVU l-113'
Deployed 2006 2014 2012 20 l4 2013
Officers
Equipped 23 28 39 26 50
Per-Unit
Camera Cost s 1.200 $900 $l ls $6 r4 s900
Data Sofhvare VIEVU
Proprietary
Tascr
Proprielary
Non-
proprietary
'laser
Proprietary
VIEVIJ
Proprietary
Storage Site In-house Cloud In-house Clouci In-house
Annual
Storage Cost
Mirrimal cost - $20,000 - $ 1,000 - s4,400 -S 10,000 for
initial l0 Ttsu'
Annual Data
Usage -I TB No
lnformation -535 GB ^.2',tB -6-7 TB'ii
Training No
Inforrnation Two hours 'lwo hours
Minimal
training
rerluired
< One hout'
Table Notes;
i. ViEVU-http://www.vievu.com/vievu-products/hardware.
ii. 'Iaser Axon Flex-- www.axon.io/products.
iii. Vehorlr MtJVI-- Veho-VCC-005-MUVI-l-tDl0-l-landsfree-Wireless Mounting.
iv.'faser Axon Irlex---www.axon.io/products/flex.
v. VIEVTJ --- wwrv.vievu.com/vievu-products/hardwarc.
vi. In-house storage is shared by several City of Menlo Park departments.
vii. AnnuaI usage is fcrr all City of Menlo Park departnrents.
N.B. The links above nlay not shorv the specific mrrdcl used by the police departments.
I'he good news for law enforcement agerlcies is that strong competition between the two t'tlost
prominent vendors of the dcvices-VIEVU I.,LC and Taser International--as rvell as additional
prominent companies entering this market llleans lowcr cost and more feature-rich producls will
Iikely be available in the trear futttre.2s
2015-2016 San [\'tatco CoLrnty Civil (irartd Jtrrt r0
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2iClrristoplrerMirns.''C'onrpctingBodyCanrConrpaniesDriveDorvnPriccsforCops," Ll'all StrectJourttul,
August 25,2014. https:i/rvrvrv.policeonc.com/police-products,/body-cameras/articles,/7498274-Cornpeting-body'
canr-companies-clrive- down-prices-for-copsi.
Policies for Body-Worn Camera Systems
Developing agency policies regarding body-r,vorn camera usc has not been a significant problenr
for local law enforcement agencies. Ilour of the fivc city police departments have developecl
written operational policies that average less than five pages and are similar in contcnt. In all
cases, the agencies used a standar:cl policy versiotr from [,cxipol's Policy 45026 and rnodified it
fortheir agency's application.'the fifih department, Hillsborough, is in the process of rcvising its
existing policy. which it is also basing on modilications ol'l.exipol's Policy 450. Menlo Park
Police f)epartment's policy is available online and all others arer availablc on request to the public
from the police departments. These policies are included in Appendixes A through h).
Three commonly discussed operational policy issues have been addressed by these five
agencies, including:
. When does activation of the camera occur?
o Can the officer review the video when writing his/her report?
o l-low long is data retained?
The following is a brief overview of the policies and practices adopted by the five local larv
enforcement agencies that are currently using body-'worn cameras:
Atherton
o Otficer activated-turned on prior to actual contact or as soon as safely possible
o Officer may review video while writing his/her report
o Data is retained until the criminal proceeding. pending litigation, or personnel conrplaint
is resolved and/or in accordance with the law
Belmont
o Officer activated-whenever contacting a citizen in official capacity
. Otficer may review video while writing his/her reporl.
o Recordings shall be retained for a period consistent with the organization's records
retention schedule
Foster City
. Oflicer activated--'required durirrg traffic stops or whcnever officer
deems appropriate
r Ofticer may review video while rvriting his/her rcport
r [)ata retentiou is for a pcriod consistent with the recluiremcnts of the orgiinization's
records retention schedule but in no event less than 1 80 days
2(, I-exipol l,l,C is a private conlpirny providing statc-spccitlo policies iurd verillable policy traitritrg. firr public safety
organizations. Many local la'rv enforcctttent a.qetlcics subscribe to this scrvicc.
2015-2016 San Mateo County Civil GranclJury ll
Ilillsborough:z
. Officer activated rvhcncver unit emergency lights are activated
o Ollicer nray review video rvhile writing his/her report subject to approval ol'Watch
Commander
o Data retention is mirtimurn of one year
Menlo Park
. Officer activated prior to arrival to an-v- in-progress t'rr serious or high-priority
call for service
o Officer may review video r.vhile writing his/her report
o f)ata retention is 2.5 years lor all citizen contacts. Recordings classified as evidence will
be retainecl for a period of time deterrnined by applicable laws and the C)ity of Menlo
Park's retention guidelines.
'['hc command staff interviei,ved by the Grand Jury acknowledged that some policies may require
modification as more experience with body-worn cameras is obtained, as case law on body-worn
cameras develops, and as applicable state or federal law evolves.
Privacy and Civil Rights lssues
Not surprisingly, civilrights issues are of concern to local law enforcement agencies when
generating policies regarding use of bocly-worn cameras. Protection of the privacy and civil
rights of all individuals encotmtered by law enforcement is a topic of discussion throughout the
country, In the case of body-worn cameras, privacy concerns apply to the public's right to
privacy and the police officer's rights as well. According to several police chiefs interviewed by
the Grand Jury, there are occasions rvhen it is inadvisable or prohibited by lvritten policy to tLlrn
on a body-worn camera. lior example:
Discussions amollg police officers rrot related to encounters rvith the public
(i.e,, administrative, procedural, tactical, and training)
Officer personal time such as break time. privatc conversations with colleagues. or non-
police-call relatcd conversations among othcrs
During certain extrernely sensitive investigations such as interviews with sexual assault
victims and sorne family disputes especially when minors may be involved
Officer interaotions with corrhdential informants, undercover agents, federal agents,
issuing K-9 commands to police clogs, or when discussing confidential tactical
information such a.s SWA'l'team deployments
When there are r1o erx:ounters with the pLrblic or when writing shift reporl.s
27 tJntil thc tlillsborough Police I)epartnrent con)pletcs its Body-Worn Carnera Policy. it is using the policy rvritten
fbr Mobile Audio Video (i.c., dash canrs) as rnodifled by Chief's Dcpartmental Directive l4-0 l, Seplclrrhtrr2,20t4.
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2015-2016 San Mateo County Civil Grand Jurl't2
1'hc Menlo Park Chiel of Policc appointed a (litizens Advisory Cornmittce to rervicw ancl
conlment on proposed policies and procedures fur use oIbocly-wortl cattleras that met the
clepartrnent's needs but did not infringe on citizerts' civil rights. '[his committee included an
individgal active in both the ACLU and tlre Electronic frronticr Foundation, two organizations
active in protecting citizens' privacy and civil rights.28 Thc committee recomlnended acceptatrce
of the Menlo Park policy. (see Appendix E lbr Bad1,-l,l/srn cumera Policl,--Mcnlo Pcu'k Police
l)epcu"tment and Appendix F for Body Camera:;---Menlo Pcu'k Police Department ()itizens
A rlv i,r ory C o mmi t t e e Re p o rt. )
According to the ACLI"J, "the challenge of on-ofhcer cameras is the tension hetween their
potential to invade privacy and their strong benefit in prornotittg police accountability. Overall,
we think they can be a win-win but only if thcy are deployed rvithin a fratnework of strong
policies to ensurc they protect the public rvithout becoming yet another system tbr routine
surveillance of the public, and maintain public confidence in the integrity of those privacy
protections. Without such a framervork, their accotmtability benefits would not exceed their
privacy risks."2e
'l"he Grand Jury acknowleclges that further developments are likcly, such as new statutes and
court decisions interpreting existing privacy and other civil rights laws relatec'l to the use of
body-worn cameras in the coming years. However, this process is ttot uncommon in the field
of law enforcement generally and there was no indication to the Grand Jury that the evolution
of policies regarding body-worn cameras cannot be effectively managecl by the local law
enforcement community. I?urther, the Grancl Jury suggests that policies such as those developed
by Atherton, Belmont, Foster City, Hillsborough, and Menlo Park can serve a.s templates for
other law enforcement agencies.
Chain of Custody Concerns
L,ocal police policies and the inherent design of the body-worn camera hardware and softlvare
severely limit officers' access to body-camera footage so as to protect the chain of custody for
its potential use in future legal proceedings. For example, officers have no capability to edit
the video except to tag a segment with a case number or an arest report nttmber, or to assign
a criticality status to it. Once the video has been stored, access is typically limited to a select
f'erv senior command personnel who are assigned special access codes. An electronic trail is
creatcd that tracks r,vho, when, and lvhat was clone" Iixceptions are typically only allowed
when pre-determinccl non-critical data is scheduled to be purged from systcm storage afler
reaching the retention period defined in the clepartment's policies. However, video data that
involves legal proceedings, citizen complaints, or which is otherwise retaitted upou request arc
olten stored indefi nitely.
The district attorney's olfice, defense attorneys, and other law enforcetnent and criminal
justice agencies often rcquest copies, which are provicled on zI separate meclium such
as a CD-ROM.
28 O(tlcials frorn thc Mt:nlo t)ark Police Departtncnt: intenrierv by tlte Crand Jury.
http ://rvrvw. men lopark. org/[)oc u mentCerrter/V ierv/72'10.
lgJayStanley,Policellolv-i4ot.rntel('untcrcts: lL'ithttigltt l',tltcit'sitt['lut:c,ttll:itrtbr.'lllv.), AmericanCivil
t,iberties [.lnio1, March 20 I 5. https://rvrvw.aclu.org/policc-b<ld1'-ntounted-cameras-right-policies'place-rvin'all.
2015-2016 San Mateo (lounty Civil Grand Jtrry r3
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Limitations
Bocly-u,orn calt'reras are not a panacea fbr all disputecl encotlnters betrvccn citizcns and law
errforcement, 'l'hey occasionally malfunction, tlte batteries dischargc, or the internal storage
capacity limits recording an encounter. L'hest-nrounted canrera views may be partiaily obscurecl
bythe stanclard two-handed pistol grip used by nrany police officers. Cameras can be dislodgcd
in physical altercations or thc attachment clip nray slip, rendering the camera an audio device
only. Video images may be confusing or inconclusive whcn the wearer is in a physical
altercation or in pursuit of a suspect or rvhen used in very low-light situations. The camera shows
only what is within its viewing angle and does not turtr rvith the offlcer's eyes unless mounted
on an officer's hat, helmet, or glasses. It only captures two ollt of the five senses-sight and
sound. For example, the smell of alcohol or gunpowder is not detected. Notwithstanding these
limitations, the information provided to the Grand Jury confirms that body-worll cameras often
provide far more evidence of an inciclent than an audio device ancl certainly more than ncr
recording device at all.
Conclusions
Based on its investigation, the Grand Jury concludes that body-worn cametas would be
advantageous for all San Mateo County larv enforcement agencies as well as the individuals
they encouuter.
Although sorne loca[ law enforcement agencics have expressed various concerns regarding the
utilization of such body-worn devices, five police departments within San Mateo County have
implementcd body-worn camera systems and their experience provides tangible evidence that:
. Costs are containable.
. Many hardlvare, software, and sturage options are available to accommodate individual
agency requirements.
. Workable opcrational policies are readily available and easily modifiable to
accommoclate specific agency requirements.
. Training needs are minimal.
o Patrol staff rapidly accepted body-worn cameras.
r The behavior of both residents and police ollicers improves when their actions are being
recorded on video.
As lvith allnew technology, best practices are in the process of beirrg developed as each ot'these
five departments gains experience'"vith its body-lvorn camera system. 'fhesc departments can
serve as role rnodels for other police agcncics as they implement their own canlera systems,
which many acknr:wledge as inevitable.
Finally and most importantly, body-u'orn canrcras clearly state to tlre public that its policc ftrrce
has nothing to hide, that their encounlers rvith the public are transparcnt, and that these
encounters are sttbiect t<l internal anc1. rt'hen appropriate, external scrtttiny.
201 5-20 l6 San Maleo County (livil Grand Jtrrl't4
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FINDINGS
Fl. 'l'he Atherton, [Jelmont. Foster City. I{illsborough. and Menlo [)ark Police l)eparttttents
have cleployed body-worn camera systenls'
F2. 'l'he Sheriff.s Office and five of the city police departrnents that have not deployed body-
worn cameras all expressed sin'rilar concerns regarding the implementation of these
systems, the cost of equipment, the cost of data retention, and policy development.
F3. The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments
have budgeted sufficient l'unds to manage the cost of ecluiprnent, data retentiott,
and training.
F4. '[he Atherton, Belmont, Foster City, and Menlo Park Policc'l)epartments have developed
written policies regarding the operation and data retention of body-tvorn canlera systems as
well as the protection of the rights of the community and police officers. Hillsborough is in
the process of developing a similar policy.
F5. Many local law enforcernent agencies that currently do not employ body-worn cameras
acknowledge that these systerns are beneficial and will likety be implemented in thc hrture
either voluntarily or by mandate.
RECOMMENDATIONS
Rl. 'Ihe Grand Jury recommends that thc councils of those cities/towns that have rrot
adopted body-worn cameras direct their respective chiefs of police to develop an
appropriate body-lvorn camera implementation plan and advise the public of their plan
by November 30, 2016.
R2. 'l'he Grand Jury recommends that the San Matco County Sheriff develop a plan to
implement body-worn cameras and advise the public of his plan by November 30, 2016
R3. 'fhe Grand Jury recommends that the police departments of those cities, towns, and
the Broadmoor Police Protection District that have not adopted body-worn cameras
implement a body-worn camcra system as soon as practicable but, in any event, no later
than October 31,2017.
R4. 'fhe Grand Jury recommends that the San Mateo County Sheriffs Office implement
a body-worn camera system as soon as practicable but, in any cvent, no later tltan
October 31,2017.
201 5-2016 San Mateo Coutrty Civil Crarrd .lury l5
REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05. the Graml.lury requests responses as follows from the
f,ollowing governing bodies:
. Rl and R3-The City Councils of the fbllowing I 0 cities and tor.vn$:
o Brisbane
o Burlingame
. Colma
o Daly City
o East Palo Alto
o Pacifica
r Redwood City
r San Bruno
o San Mateo
o South San Francisco
Rl and R3---The Board of Police Commissiorrers of the Broadmoor Police
Protection District
Pursuant to Penal Code Section 933,05, the Grand Jury reqr.rests responses as follows from the
following elected offi cial:
. R2 and R4-San Mateo County Sheriff
The governing bodies indicated above should be ar,vare that the comment or response olthe
governing body must be conducted subject to the notice, agenda, and open rneeting requirements
of the Ilrown Act.
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2015-2016 San Mateo (lountv L-ivil Grand .lury l6
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METHODOLOGY
lnterviews
lleports issued b1,the Civil (irarrd Jun'do not idcntiff individuals intet'vicrvoti. I)enal Cotlc Scction 929 rcquircs that rcports ot'
thc Grand Jury not conttin the narne <lf any'pcrson or thcts L:adirrgto the itlentity'of:ltny pcrsotr u'ho plovidcs inlbrnration to
the Civil Crand Jury.
'l'he Grand Jury interviewed conrnand staff at these law euforcement agenoies
o San Mateo County Sheriffs Office
o The Police Departments of:
o Atherton
r Belmont
. Daly City
r East Palo Alto
r Foster City
. Hillsborough
r Menlo Park
o Redwood City
o San Mateo
o South San Francisco
'fhe Grand Jury interviewed representatives of the following local larv enforoement associations:
r Hillsborough Police Officer Association
. Menlo Park Police Offrcers' Association
r San Mateo County Deputy Sheriff s Association
. San Mateo County Organization of Sherifl's Sergeants
. Redwood City Police Oflficers' Association
o Redwood City Police Sergeants' Association
The Grand Jury intervierved a senior official of Northern California Regiorial Intclligence
Center (NCRIC).
The Grand Jury intorviewed a member of the Anrerican Civil Liberties IJnion and Electronic
Frontier rvho served ou a citizens' comrniltee ttl rcvier,v and recontmend body-worn camera
usc policies at the request of their city's police chieL
'[he Grand Jury interviewed senior members of thc San Mateo Cor-rnty I)islrict
Attorney's Olfice.
201 5-20l6 Sarr IVlateo Countr' ('rvil (irarrtl Jurt'l7
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BIBLIOGRAPHY
"Considering ['olice t]ody Cameras." ]'lat'v(trcl l,cttl Rcuicu' 128.6 (April 10, 2015),
http ://harvardlarvrevi ew,orgl2015l04/consi deri rrg-1lo I ice-bocly-canterasi.
Insight Public Secror, l.Inderwriter. tl IIurulhook.for I'iltlic Sc(bty Of/icittls*"'Developing the
Policll,'l'echnology, and Operational Strutegies Needed./in' a fr'uture-Proof'Rody Camerct
Program, October 27 ,2015. http://r.vww.insight,com/err.-_US/learn/contentl158356527la-
handbook-fo r-pu bl ic-safety-offi cials/.
.lennings, Wesley G. Mathew D. Lynch, and [,orie A. Irridell, Research J'eam. "Executive
Surnmary-"-Evaluating the Impact of Police Olhcer Bocly-Worn Cameras (BWCs):The Orlandtr
Police Department (OPD) Experience." [Jniversity of South FIorida. Submitted to the Orland<r
Police Department October 6,2015. http://wwlv.cityoforlando.nct/police/wp-
contentiuploads/sites/3/2015/10/OPD-Final-Rcport-Executive-Sttmmary- 10-6-l5.pdf.
Kostal, Susan. "Police Body Cameras Carry tlidden Costs and Challenges." Californiu I'cwyer,
October 2015. http://www.callawyer.coml2Ol5/l 0/police-body-carneras-carry-hidden-costs-and-
challenges/.
San Mateo Oounty Deputy Sherifls Association. "Elentents of a Body Camera Policy."
Stanley, Jay, ACLU Policy Analyst. Police []oc$,-t"'lsunted (.'amerus: ll'ith Rigltt I'olicies in
Place, u ll'in./br All t'.2, American Civil Liberties Union, March 2015.
https://www.aclu.org/police-body-mountecl-cameras-riglrt-policies-place-win-all.
IJ.S. Department of Justice, Comrnunity Oriented Policing Services (COPS). "lmplementing a
Body-Worn Camera Program, Recommendations and Lessons I-earned." Police Executive
Research Irorrrm,2014. https://wwrvjustice,gov/isoiopa/resourcesl4720149l2l347l5246869.pdf .
2015-2016 San Mateo Courtty Civil Crand .ltrry t8
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Policy
450
APPENDIX A BODY.WORN CAMERA POLICY_ATHERTON POLICE DEPARTMENT
Atherton Police Department
Policy filanual
Portable Au dio/Video Recorders
450.1 PURPOSEAND SCOPE
This Departmenl procedure establishes guidelines for Department members using body urorn
cameras and procedures ior preserving the cligital media. This procedure aprplies to all Department
rnembers.
450.2 BACKGROUND
Law enforcemenl's use of in-car cameras and body worn cameras has proverr effective in reducing
violent confrontations and complaints against oificers. Cameras provide additional documentation
of police/public encounters and may be an important tool for collecting evidence and maintaining
public trusl. There is also a learning curve that comes with using body-worn cameras. Video carrnot
always show the full story nor does it capture an entire scene. The use of cameras does not reduce
the requirement to provide thorough written documentation. Persons reviewing recordings must
also be cautious before conclusions are reached about what the video shows.
450.3 DEFINtTrONS
(a) Body Worn Camera (BWC) - A camera worn on an individual officer's person that records
and stores audio and video.
(b) BWC Program Administrator - Police Department program admlnistrator for BWC carnera
system with full access tc user rights and sels user access and paranleters.
(c) Digital Evidence - BWC files, including plrotographs, audio recordirrgs and video footage,
captured by a BWC and stored digitally.
(d) Metadata - Case numbers, lncident numbers, and other descriptors used to idBntify digital
evidence.
450.4 PROCEDURE
450.4-1 OFFICER SAFETY
Officer Safety takes Precedence over Recording Events. Officers should follow exlsting officer
safety policies when conducting enforcemen: stops as outlined in Department policies and
procedures. Officer safety should he the primary consideration when contacting citizens or
conducting vehicle stops, not the abrlity to record an event.
450.4.2 GENERAL
(a) Only ar"rlhorized personnel should use or be in possession of a BWC device.
(b) BWC equipnrent is for official use orrly and shall not be utilizecJ fur personal use.
(c) Officers shall not tamper with or dismantle any hardware or software component of any
BWC device.
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(d) The use of any other personal recording device for the same purpose is not authorized
without permission of the Chief of Police or designee.
(e) All digital evidence collected using the BWC is considered a record of the Atherton Police
Department and is for official use only.
(f) Accessing, copying, forwarding or releasing any digital evidence for other than otficial law
enforcement use and contrary to this procedure is strictly prohibited, Publlc release of digital
evjdence is prohibited unless approved by the Chief of Police or their designee.
450.4.3 BWC MODES OF OPERATION
(a) The BIVC system operates on rechargeable battery power. The user can view the recordings
and add metadata to videos using a department provided softlvare application. Viewing or
adding metadata will not alter the vldeo recording,
(b) Recording Mode is when the switch is activated and the camefa is recording both audio
and video.
454.4A STORAGE
(a) When not in use, the BWC devices shall be properly stored.
450,4.5 PRE.SHIFT INSPECTION
(a) Officers should inspect tlreir assigned BWC devices daily to ensure there is no visual
damage and the dovice is in working order.
(b) Visual damage shall be reported to a supervisor.
(c) lnoperable equipment shall be tagged and returned to the BWC Admlnistrator as soon as
possible.
450.4.6 CAMERA POSITION
(a) Officers should wear the BWC above the midline of their torso and in a position that provides
for effective recording.
450.4.7 REPAIR, REPLACEMENT, AND TUAINTENANCE
(a) When a BWC malfunctions, the officer will notify his or her supewisor.
(b) The inoperable equipment wiil be taken to the BWC Administrator for repair as soon as
possible.
(c) lf the BWC Administrator cannot repair the unit, the rnanufacturer will be contacted to
facilitate the repair. Repair and replacemenl of damaged or nonfunctional BWC equipnrent
ls coordinaled through the BWC Administrator and performed through the manufactr-rrer.
(d) This procedure will be followed for all BWC related equipment and accessories,
450.4 B ADVISEMENTS ABOUT RECORDING
(a) Private citizens do nol have a reasonable expectalion of privacy when talking with police
officers during the scope oi an officer's offlcial duties, even when the contact is in a private
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residence. Therefore, officers are not required to give notice they are recording. However,
if asked, officers should advise citizens they are being recorded.
(b) Officers are nol required to initiate or cease recording an event, situation or circumstance
solely at the demand of a citizen,
(c) Officers and supervisors involved in the investigation of a complaint againsl a member of
the police department musl inform complainants and witnesses they are being recorded.
450.4.9 SURREPTITIOUS USE OT THE BWC
[\,{ernbers of lhe Departmenl may surrepti:iously record any conversation during the course
of a criminal investigation in which the officer reasonably believes that such a recording will
be beneficial lo the investigation (Penal Code $ 633).
Mernbers shall not surreptitiously record another department member wi{houtt a court order
or unless lawfully authorized by the Chief of Police or the authorized designee.
450.5 WHEN AND WHERE TO RECORD
450.5.1 ENFORCEMENT RELATED CONIACTS
(a) Oflicers should record enforcement related contacts. The camera should be activated prior
to actlral contact with the citizen, or as soon as safely possible thereafter, and continue
recording until the contact is concluded.
(b) Enforcement related contacts include the following: Tra{frc stops, field interviews, detentions,
ai.rests, persons present at radio calls who are accused of crimes, and consensttal
encounters in which the officer is altempting to develop reasonable suspicion on the subiect
of the encounter.
(c) Covering another city employee or law enforcement officer during an enforcement contact,
(d) Officers working plain clothes assignments are exempt from this policy,
.T50.5.2 ARRESTS
(a) Officers may stop recording when the arrestee is cooperative and safely secured inside a
police car or law enforcement facility. lf an arrestee becomes uncooperative, or if there is
some evidentiary purpose, officers should resume recording in the event mode.
(b) tf an officer resumes recording, the camera should remain recording until the officer no
longer has contact v'rith the subject.
450.5.3 SUSPECT INTERVIEWS
(a) Offlcers are encouragetj to fully record suspect interviews. Officers should not stop and sta(
the recording during a suspect interview,
(b) When recorcling interviews, officers should ensure they record any admonishments pritlr to
the start of an interview.
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450.5,4 PRIVAIERESIDENCES
(a) Private Citizens have a reasonable expectation of privacy in their homes. However, when
officers are law{ully present in a home (warrant, consent, or exigent circumstances) in the
course ol official duties, there is no reasonable expectation of privacy.
450.5.5 SEARGHES
(a) During the execution of a search warrant, an ar!"est warrant, a Fourth Amendment waiver
search, or a consent search in which the oilicer is looking for evidence or contraband.
450.5,6 SPECIAL EVENTS
(a) Officer's use of BWCs at special events is at the discretion of the Lieutenant.
450.5.7 VICTIN/ AND WITNESS INTERVIEWS
(a) Victim and witness interviews will generally be recorded.
(b) Dornestic violence victims often recant their staternents as early as the following morning
after a crime. Victims may also make their children unavailable for investigatorc or court
to avoid their providing statements. For these reasons, domestic vlolence victirns should
be recorded if the victim is willing. Officers should also record the statements of children
of domestic violence victims who are witnesses in these types of cases if the children are
willing.
(c) BWCs should be used during Sex Crimes or Child Abuse investigations to include
statements of victims, witnesses, and lnteractions with parents of victims.
450.5.8 DEMONSTRATIONS
(a) As a general policy, Department personrrel should video record or photograph peaceful
demonstrations.
(b) When there is reason to believe that a planned event has the potential for rrnlawful
activity, Commanding Officers should make the determination whether visual recording or
photographing is appropriate.
(c) During demonstrations, if officers witness crimes occurring among the demonstrators andi
or believe an anest is Iikely, they should begin recording.
450.6 WHEN AND WHERE NOT TO RECORD
(a) BWCs shall not be used to record non-work related activity.
(b) BWCs shall not be used to record in areas or activities such as pre^shift conferences,
Depafiment locker rooms, break rooms, or other activities not related to a criminal
investigation.
(c) BWCs shall not intentionally be activated in places where persons have a reasonable
expectation of privacy, such as locker rooftrs, dressing rooms, or restrooms.
(d) BWCs shall not be used during Department administrative invesllgations.
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(e) When possible, officers should avoid recording exposed areas of the body that could cause
embarrassment or humiliation, such as exposed breast, groin, etc.
450.6.1 GENERAL RULE
(a) Generally, officers should not record informal or casual encounters with members of the
public. Officers should consider that recording people in some circumstances may inhibit
sharing neighborhood information or developing strong ties belween members of the
comrnunity and officers.
450.7 DOCUMENTATION OF RECORDED EVENTS
(a) All recordings shall be documenled in the incident / crime report.
450,8 ENTERINGMETADATA
(a) lf needed, metadata should be added at lhe conclusion of the event when the BWC is
uploaded to the server,
450,9 CHARGING PROCEDURES
(a) Officers should charge the BWC at the end of their shift This will allow adequate time for
the battery to recharge.
450.10 ACCESSING UPLOADED DIGITAL EVIDENCE
(a) All those given permission associated with the BWC may review digital evidence.
(b) Using a Department computer, go to the Atherton Police Department lntranet sile.
(c) Enter assigned user name and password. For help with problems, contact the BWC
Administrator.
(d) Digital evidence can be viewed and / or copied from this location.
450.11 RETENTION OF OIGITAL EVIDENCE
(a) All recordings related to any criminal proceeding, claim filed, pending litigation, or a
personnel complaint, shall be preserved until that matter is resolved and/or in accordance
with the law.
450.12 REVIEWING IMPOUNDED DIGITAL EVIDENCE
(a) Officers may revierv their own recordirrgs.
(b) Detectives are responsible for reviewing, updating and tracking digilal evidence associated
with their assigned cases.
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(c) Digital evidence captured by the BWC is not all inclusive The syslem captures a less broad
and less detailed image ttian the totality of the human senses. An officer's recollection
of speciric details ma! be different than what is captured in digital evidence' officers
should review digital Lvidence prior to cornpleting reports when necessary to ensure
accuracy. officers shouid review digital evidence prior to providing testimony at hearings,
trial, or dePositions'
(d) lt ls NoT the intent ol the Department to Ieview dlgital evidence for the purpose of general
perfgrmance review, for routine preparatlon of performance repqrts, or to discover policy
violations,
(e) Digital evidence may be viewed fot administrative purposes limited to the following:
Any incident in which a member of the Department is injured or killed during the
Performance of their duties.
. Any incident involving the use of force by a member ol the Department, including
canines, which results in iniury or death'
. AnY in-custodY death.
. AnY Police Pursuil-
. When any member of the Department intenlionally or unintentionally discharges a
firearm at a person regarclless whether an individual is struck.
, When any mernber of the Department not involved in training intentionally or
unintentionally discharges a conductive Energy weapon at a person, including the
aPPlication of a drive stun.
' Officer involved traffrc collisions.
' Prlor. to the release of recordings in response to a proper legal request (e,9,' itt
response to a subpoena or other court order)'
. ln preparation for a civil deposition or responding to an interrogatory where the
incident arises from the employee's official duties'
. When preparing to testify in a criminal, civil, or adminislralive proceeding arising front
the emPloYee's offtcial duties'
. For investigations undertaken by the Department, for the purpose of proving or
disproving speciiic allagations of rnisconduct'
. For adrninistrative proceedings, when digital eviderrce is used by the Departmenl
for the purpose of proving or disproving allegations of misconduct, only digital
evidence relevant to the investigative scope should be viewed and retained by
investigators. Irrformalion relevant to the recordings viewed and seized as evidence
by invdstigators should be documented as part of the chronological sumrnary of any
investigation undertaken by the Department'
450.12,1 LIEUTENANTAPPROVAL
ln situations where there is a need to review digital evidence nol covered by this procedure, the
Lieutenant rnust approve the request. Each situation will be evaluated on a case by case basis'
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450.13 DISCOVERY OF MISCONDUCT
(a) Employees reviewing event recordings should remain focused on tho incident or incidenls in
question and review only those recordings relevant to their investigative scope. lf improper
conduct is discovered during any review of digital evidence, the person who discovered
the conduct in question should notify a supervisor. Nothing in this procedure prohibits
addressing policy violations.
450.14 COPYING AND RELEASING DIGITAL EVIDENCE
(a) Digital evidence captured by the BWC shall be treated as official records and handled
pursuant to existing Department policies and procedures. The digital evidence wilt be
reviewed by lhe Lieutenant or his / her designee before release.
450.15 DIGITAL EVIDENCE FOR TRAINING
(a) Officers and supervisors may lind it uselul, and are encouraged, to revielv recordings of
incidents of which theywere involved when beneficial for the purpose of conducting a tactical
debrief. When an incident is recorded which may be of value as a training aid for a broad
sectron of the Department, the recording officer or that office/s superuisor should contact
the Lieutenant who will review the digital evidence to determlne the value of the incident
for training.
450.16 BWC ADMINISTRATOR RESPONSIBILITIES
BWC Program Administrators should be sworn members. BWC Program Administrators are
responsible for performing the following duties:
(a) Maintain and troubleshoot the BWC units and server application.
(b) Maintain a record of assigned BWC units and related equipment.
(c) Be proactive and able to complete minor repairs.
(d) Arrange for the warranty and non-warranty repair of the BWC units.
(e) Repair or replace BWC components (cameras, docking slations, etc).
(f) Maintain BWC equipmenl repair and maintenance records.
(Sl Updete software and systerr settings as necessary.
(h) Train officers on currenl policy and the proper use of BWC units.
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APPENDIX B BODY.WORN CAMERA POLICY- BELMONT POLICE DEPARTMENT
Belmont Police Departmenl
Policy Manual
Portable AudioA/ideo Recorders
450.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of portaf,le ar.rdiotuideo recording devices by members
ot this department whlle in the pedormance of their dutie$. Portatrle audiolr'ideo recording devices
lnclude all recording systems !vhether body-! /orn, hanri held or integrated into podable equipment.
This policy does not apply to lawful surreptitious audiotuideo recording, interception of
communlcations for authorized investigative purposes or to mobile audiolvideo recordings (see
the lnvestigation and Prosecution and Mobilo Aurlio/Video policies)'
450.2 POLICY
The Belmont police Department may provide members with access to poilable recorders, either
audio or vldeo or both, for use during the performance of their duties. The use of recorders is
intended to enhance the mission ol the Department by accurately capturing contacts belween
members ot the Department and the public'
450.3 }/IEMBEB PRIVACY EXPECTATION
All recordings made by members acting in thelr oftrcial capacity shall remain ttle properly of
the Depanment regardless of whether those recordings were rnade with departmerlt-issued or
personally owned recor<lers. Menrbers shall have no expectation of privacy or ownership interest
in the content of these recordings.
450.4 MEMBER RESPONSIBILITIES
prior to going into service, each uniformed member r^/ill be responsible for making sure thal he/
she ls equlpped u/ith a portable recorder issued by the Department, and that the recorder is in
good working order. lf lhe recorder is not in working order or malfunctiorls at any time, the member
shalt prompily report the tailure to his/her supervisor and obtain a f unctioning device as soon as
practicabte. Uniformed members should wear the recorder in a consplcuous manner or otheru/ise
notify persons that they are being recorded, \^/henever possible.
Any member assigned to a non-uniformed position may carry an approved portable recorder at any
tirne the member believes that such a device may be useful. Unless conducting a la\,vlul recording
in an authorized undercover capacity, non-uniformed members should rrear the recolder in a
consp;cuous manner when in use or othen,ise notify per$on$ that they are ht>ing recorded,
whenever possible.
When using a poltable recorder, the assigned member shall recorcl his/her nafi]o, BPD
identification number and the current date and tirne al the beginning and the end of tlte poriod
of use, regardtess of wfiether any activity was recorderl. This procedur€ is nol requlred when the
recorcling device and relatecl sottware captures the user's unlque identification ancl the date and
time of each recording.
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Memtrers shall download their portable recorders at the end of the period of use, or sooner if
necessan/. The members will make iwo copies of all recorclings related io cases being sent to
the Districl Attorney's office tor prosecution. One copy will be booked into evidence and the other
for!rarded along with the report to the Districl Attorney's oftice'
t\rember$ shall document the existence of a recording in any report or other official record of
the contact, including any instance where the recorder was not activated, malfunctioned or the
member deactivated the recordlng. luernbers shall include the reason for deactivation.
450.4.1 SUPERVISOR RESPONSIBILITIES
Supervisors shoulrl take custody of a portable audiotuicleo recording as soon as practical \,!hen
the device may have captured an incident involving an officerinvolved shooting or death or other
serioLrs inciclenl and ensure the data is downloaded (Penal code $ 832. 1B).
450.5 ACTIVATION OF THE POBTABLE RECORDER
This policy is not intended to describe every possible situation in which the portable recordor
$hould be used, atthough there are many situations where its use is appropriate. lvlembers should
activate the recorder any time the member is contacting a citizen in an offlclal capacity.
hiembers should remain sensitive to the dignity of all individuals being recorded and exercise
sound discretion to respect privacy by discontinuing recording 'u.thenever it reasonably appears to
the member that such privacy may outi /eigh any legitimate lalv enlorcement interest in recording.
Flequests by members of the public to stop recording should be considered using this same
criterion. Becording should resume ulhen privacy is no longer at is$ue unless the circumstances
no longer fit the criteria lor recording.
At no time is a member expectecJ to jeopardize his/her safety in order to activate a portable
recorder. However, the recorder should be activated in situations described above as soon as
practicable.
450.5.1 SURBEPTITIOUS L'SE OF lHE POHTABLE NECORDER
Ivlembers of the Department may Surreptitiously record any conversation during ihe course of a
criminal investigation in yrhich the member reasonably believes that such a recording will be lawful
and beneficial to the investigation (Penal Code $ 633).
lilernbers shall not surreptitiously record anolher department member \ rithout a court order unless
lawfully authorizecl by the Chief of Polioe or the authoriTed designee'
.150.5.2 CESSATION OF RECORDING
Once activated, the podable recorcler should remain on continuottsly until the member's dlrecl
participation in the incidenl is complele or the situation no longer fits the criteria for activation
Recording may be stoppecl during significant periods of inactivity sttch as repod writing or olhel
breaks trom clirect participation in the incident.
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tVlembers $hall cease audio recording whenever necessary to ensure conversations ale not
recorded beh,reen a person in custody and the person'$ altorney, religious advisor or physician,
unless there is explicit consent from all parties to the conversation (Penal Code S 636)'
450.5.2 EXPLOSIVE OEVICE
t\,rlany portable recorders, including botly-worn cameras atld audiofuideo transmitters, emit radio
utaves that could trigger an explosive device. Therelore, these devices should not be used u,here
an explosive device may be present.
450.6 PBOHIBITED USE OF POFTABLE RECOROERS
Ivlemhers are prohibited from using rlepartment-issued poriable recorders and recording media
for personal use an<l are prohibited from maliing personal copies of recordings Created While on'
duty or while acting in their ofticiai capacity'
Members are also prohibited from retaining recordings ot activities or information obtained
lvhile on-duty, \r.ihether the recording rnras created vlith department'issued or personally o\,"/ned
recorders. Members shall not duplicate or diskibute such recordings, except lor authorized
legitimate department business purposes.
l\Iembers are prohibitect from using personally or,lned recording devices while on-duty without the
express consent of the Watch Commanc,er. Any member who uses a personally owned recorder
for departmenlrelated activities shall comply with the provisions ol this policy, lncluding retention
and release requirements.
Flecordings shall not be used by any member lor the purpose ol embarrassment, intirniciation or
ridicute.
450.7 RETENTION OF RECORDINGS
Any tirne a member records any porlion o{ a contact that the member reasonably belleves
constitutes evldence in a criminal case, the member shall record the relate.i case number and
lransfer the file in accordance urilh current procedure for sloring digital files and document the
existence of the recording in the relatect case report. Transfers should occtlr at the end of the
ilrember's shift, or any tlme the slorage capacity is nearing its limit
Any time a mernber rea$unably believes a recorded contact may be beneficial in a non-crirninal
matter (e.g., a hostile contact), the member shorJld promplly notify a $upervisor of tlle exislence
of the recording.
450.7. 1 RETENTION REOUIREf\/1F-NTS
AII recordings shall be retained for a period consistent with the requirements of the organization's
records retention schedule.
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450,8 HEVIEW OF RECORDINGS
When preparing wrltten reports, members should re,view thelr recordings as a resource. However,
members shall nol retain personal copies of recordings. lrembers should not use the fact that a
recording uras made as a reason lo l,Yrite a less detailed report.
Supervisors are authorized to review relevant recordings any time they are investigating alleged
misconduct or reports of nreritorious conduct or ulhenever such recordings vrould be benericia, in
reviewing the member's performance.
Recorded files may also be reviewed:
(a) Upon approval by a supervisor, by any member of lhe Department who is participating in an
official investigation, such as a personnel complaint, administrative investigation or criminal
investigation.
(b) Pursuant to laMul process or by court personnel vvho are othelwlse authorized to review
evidence in a related case.
(c) By media personnel with permission of tlre Chief of Police or the authorized designee.
(d) ln comptiance uJith a public records request, il permitted, and in acaordance with the Becords
Maintenance and Release PolicY.
AII recordings should be reviewed by the Custodian of flecords prior to public release (see the
Records lraintenance and Belease Policy). Becordings thal unreasonably violate a person's
privacy or sense 01 dignity should not be publicly released unless disclosure is required by law
or order of the coun.
450.9 COOHDINATOR
The Chie{ of Police or the authorlzed designee shall appoint a member of the Department to
coordinate the use and maintenance ol portable audiotuldeo recording devices and the storage
of recordings, inctuding {Penal Code $ B32. l B):
(a) Establishing a system for dor,vnloading, storing and security of recordings.
(b) Designating persons responsible for downloading recorded data,
(c) Establishing a maintenance system to ensrrre availability oI operable portable audiotuideo
recording devices-
(d) Establishing a system for tagging and categL)rizing data according to the type ot incident
captured.
(e) Establishing a syslem to prevent tampering, rleleting and copying remrdings and ensure
chain of custody integritY.
(f) Working yritlr counsel to ensure an appropriate retention schedule is being applied to
recordings attd associated documentatlon.
(S) Maintaining logs of access and deletions of recordings.
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APPENDIX C BODY.WORN CAMERA POLTCY-FOSTER CITY POLICE DEPARTMENT
Foster City Police DePartment
Policy Manual
Use of Audio/t/ides Recorders
45o.{ Ft f,POSE At'lD SCOPE
This policy provides guidelines for the use of portable audio/video recording devices by
me*Lers'of this depJrtment while in the performance of their duties.
This policy does not appty to surreptitious intere,eption of electronic.communications for
tJrvfui auttiorized invesiigiaiive purposes or to mobile audio video recordings (see th€ Mobile
Audio Video Policy),
4$A,2 FOLTCY
The Foster City police Department may provide mernberswith access to poftable recorders,
either audio oivideo or lioth, for use'during the performance of their duties. The use of
ir"orOeri is intended to enhance the mission of the Department by accurately capturing
contacts between members of the Department and the public'
650.3 Ff,IVACY
All recordings made by personnel acting. in their official capacity.as members of this
ueoa.tment-shall remain ih. p.operty of the Department and should not be considered
irii"iJ, iri"ratess of whether those recordings were made with department-issued or
|ersonally owned recorders.
4so,4 ITIETUB*A RESFOS.SIglllTlEs
prior to going into service, each uniformed nrember will be responsible for making sure that
i,L)if," ii
"qfiippeOwitn
a portable recorder, issued by the Department, and thatthe recorder
i* in Si.a;,"i*ng order.'Uniformed members should wear the recorder in a conspicuous
manner.
,Anv member assioned to a non-uniformed position may carry an approvod portable recorder
ai iny tirne the mlmber believes that such a device may be useful'
llffren using a recorder, the assigned member shall record his/her name, employee number
anct tfr" cuirent clate ana time Jt the beginnirig and the end of the shiit or other peiiod of
usJ, i"g"rdlelu of whetn., any activity rrias reCorded. Tlris procedure.is noi required when
Ge'rei[rAing device and relatld scftware captures the user's unique identification and the
date and time of each recording.
450,5 ACTIVATION OF THE
'IIJDIO
TI=CORDER
Members should consider activating the recorder during enforcement stops and field
inGrrogation situations and any oiirer tim_e. the member reasonably believes that a
recordinq of an on-duty contact may be useful. Once started, recordings should continue
without i-nterruption uniil the contact ends, if feasible.
At no time is a member expected to jeopardize his/her safety in ordsr to activate a recorder
lii[jri* if.,*'iu.oralng media. Hbwever, the recorder should be activated in required
situations as soon as practicable.
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Policy Manual
Usa of AudidVideo RecorCers
450.5.1 SURREPTITIOU$ U$E OF THE AUDIO RECORDER
Members of the Department may surreptitiously record any conversation during the course
of a criminal investigation in which the officer reasonably believes that such a recording will
be beneficial 1o the investigalion (Penal Code $ 633),
Members shall not surreptitiously record another department member without a court order
or unless lawfully authorized by the Chief of Police or the auihorized designee.
45O.S PROHIBITCD U$€ OF PONTAALE RECORDERS
Members are prohibited from using department"issued portable recorders and recording
media for personal use and are prohibited from making personal copies of recordings
created while on-duty or while aeting in their ofiicial capacity"
Members are also prohibhed from retaining recordings of activities or information obtained
while on-duty, whether the recording lvas created with departnrenl-issued or personally
owned recorders. Members shall nol duplicate or distribute such recordings, except for
authorized legitimate deparlment business purposes. Ali such recordings shall be retained
at the Department.
Members are prohibited from using personally owned recording devices while on-Cuty
without the express consent of the Watch Commander. Any member who uses a personally
oy/ned recorder for department-related activities shall comply rvilh the provisions of this
policy, including retention and release requirements,
Recordings shall not be used by any member for lhe purpose of embarrassment or ridicule.
Any memberwho may have questions regardinq the applica.tion of this policy is encouraged
to seek clarification from supervisory personnel.
45O.? RETENTIOH OT RECQRDI}dGS
Any time a member records any portion of a contact that the member reasonably believas
constitutes evidence in a criminal case, the mernber shall record the related case number
and download the file in accofdance with the Computer$ and Digital Evidence Policy and
document the exlstence cf the recording in the related case report,
,{ny time a rnember reasonably believes a recorded contact may be benelicial in a
non-criminal matter (e.g", a hostile contact), the mernber should promptly notify a
supervisor of the existence of the recording.
lrlembers should upload the file, in accordance with current procedure for storing digital
iiles. at the end of their shift and anytime the storage capacity is nearing its limit.
450.7,1 RETENTIOI{REQUIREMENTS
All downloaded recordings shall be retained for a period consistent with the requiremenis
of the organization's records retention schedule but in no evenl for a period less than 180
days.
450.8 RELEASE OF EEAONDIilIGS
Recordings made using portable recording devices pursuanl to this policy are departrnent
recorcis and may only be released es provided in the Release of Records and lnformation
Policy or for olher authorized legitimale departmenl business pulposes.
Use of Audlalldeo Recorders - 279
Adosted, 2t'l4lo?J28 o 1s9F2014 Lexipol, LLC
2015-2016 San lvlatc-'o Cclltnt, ("livil Orand Jtrrv 3r
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PolieY Manual
Use of AudioNideo Reco,rders
450.9 RE1'TEI'!' O} TTECOR9ED MEDIA FILE$
ffiren preparing written reports, members should review their recordings as a resource.
However, members should not use the fact that a recording was made as a reason to write
a less detailed report.
Supervisors are alrthorized to review relevant recordings any time they are investigating
alleged misconducl, reports of meritorious conduct or whenever such recordings would be
beneficial in reviewing the rnember's performance.
Recorded tiles may also be reviewed;
(a) Upon approval by a supervisor, by any rnember of the Departmentwho is participating
in an official investigation, such as a personnel complaint, administrative investigation
or criminal investigation,
Pursuant tO lavyful process or by court perscnnel who are qtherwise authorized to
review evidence in a related case.
By media personnel with permission of the Chief of Police or the authorized designee.
ln compliance with a pubtic records request, if permitted, and in accordance with the
Release of Records and lnformation Policy.
Use gl AudioMdeo Record*rs . 2S0
tdopted: 20 I 4 102128 @ 1 9s5'?.0 1 4 t-exipol, LLC
201 5-20 l6 San Mateo C,'otrnty Civil Cirarrd Jury
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APPENDIX D BODY.WORN CAMERA POLICY-HILLSBOROUGH POLICE DEPARTMENT
Hillsborough Police DePartment
Policy Manuai
Mobile Audio Video Procedure
446-,1 PURPOSE AND SCOPE
The Hitlsborough Police Departnient has equipped each marked patrol car with a Mobile
nraiir'ilViauoiU,feVl ."corijing system. .The MAV is designed to asslst 8nd compliment
oatrol officers in the-performaice of his/her duties, The MAV iS used to record certain
SIiiJii#'r"lr"ufjir.qlvisual and/orai.ldiorecord. Videorecordingsarein-tendedtoprovide
".'ir.nj"Jdi"ituuiiirAio record of the incident and to supplement the officer's report'
446.2 ACTIV'TTION OF TTTE MAV
The MAV system is designed tO turn.on_-whenever the ull;t emergency lights are activated'
frte sysferi rernains ol"until turned off manually, The audio qo.r^ti_o1.;1ttst be activated
*"nrillu by each officer and is independent of ihe video; however whon a';clio is heing
recordei the video lvill also record.
446.2.1 REQUIREO ACTIVATION OF MAV
This policy is not intended to describe every possible situation v'rhere the system may be
used however here are many siluations ,,vhbre the use ol the MAV system is appropriate.
f . "ACiti"n io ttre requlred s'ituations, officers rnay- activate the system any time he/she
fr"fieves its use would be appropriate and/or valuable to docurnent an incident. ln some
circumstances it !s not possiliie to capture images if the incident due to conditiorrs or location
of the camera ho,sever the audio pbrtion can be valuable evidence and is subject to the
samJ activalon requirements as tne MAV. The activation of the MAV sysiem is required in
any of the following situations:
(a)All field contacts involving actual or potential criminal conduct, within video or alrdio
range, which includes:
1. Vehicular Pursuits
2. SusPicious vehicles
3, Arrests
4. Pedestrian cheoks
5. DUI investigations lncluding fieid sobriety tests
6. Cnnsensualencotlnters
7. Responding to an in'progress call
Any other contact that becomes adversaria! after the Initial contact in a situation that
would not otherwise require recording
Any other circumstances where the officer believos thal a r6cording of an incidenl
would be approPriate
(b)
(c)
Once the MAV sYstem
incictent has concluded.
when all arrests have
victims, etc" have been
a tow truck or a familY
is activated, it shatl remaln on and shall not be turned ofl until the
. For purposes ol this sectlon, conclr-rsion of an incident has occurred
r;een mide, arestees have been transpcrted, an<'l all wllnesses,'intr*i**uo. Recording may cease if an offlcer is simply waiting for
member to arrive or other similar situations.
Mablls Audlo Vlrleo Prrcedurs .. 255
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PolicY fulartual
Mobile Audio Video Procedure
446.2.2 WHEN ACTIVATION NOT REQUIRED
Activation of the MAV system is not required when exchanging information with other ofllcers
or during breaks, lunch periods, when not in service, or actively on patrol'
Absent legal cause or lawful order, no mernbor of this department may, surreptitiously record
any otheimember of lhis department without the expressed knowledge and consent of all
pa(ies.
446.3 REVIET'\' OF MAV RECORDINGS
Recordings may be reviewed in any of the following situations;
(a) By a supervisor investigating a specific act of offjcer conduct
(b) By a department detective atter approval of a supervisor vtho.is participating in
an ofticidt investigation, such as a personnel complaint, administrative inquiry or a
criminal investigation
(c) By department personnel who request to review their own recordings
(d) By court personnel through proper process or wlth permission of the Chief of Police
or his/her designee
(e) By media personnel with permission of the Chief of Police or hislher designee
(0 Recordings may be shouin for the purposes of training valu.e. lf an involveC officer
objects ti the {trowing of recording, his/her objection r,vill be submitted to staff to
deierrnine if the training value outweighs the officer's objoction {or nol showing the
recording.
Employees desiring lo view any tl4AV recording shall submit a request in writing to the Watch
Commander.
ln no event shall any recording be used or shown for the purpose of ridicule or embarrassing
any employee,
4,46.4 DOCUMENTING MAV USE
Any incident that was recorded wlth either lhe video or audlo systern shall bc dncumented
lntheofficer'sreport, lfacitationuiasissued,anotationshall beplaceclonthebackof the
records copy of the citation that the incident was recorded.
446.5 VIDEO T{EDIA STORAGE & INTEGRITY
Onco checkecl in, all video media will he labeled and placed in a designated secure storage
area. All video media that is not booked in as evidence will be retained tbr a rninimum of
one year alterwhich tinte they will be orased, desiroyed, or recycled.
446.5,1 COPIES OF VIDEO RECORDINGS
Original videg recording media shall not be used lor any purpose olher than for initial review
by i supervisor. A cofly of the original video recording will be made Ltpon proper request
forany per$on authorized in Policv Manual S 446,4.
Original video recording media may only be releassd in response to a valid court order
olipon approval by th; Chief of Police or hislher designee. ln.the event that an original
recording id reteaseO lo court, a copy shall be made and placed in storage until the origlnal
is relurned.
Llobllo Audio Vldoo F'roceduro . 256
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Policy Manual
tlobile Audio Vidso Procedure
446.5,2 M]ry RECORDINGS AS EVIDENCE
Only in exceptional circurnstances will original video medla be br:oked inlo evidence. Ihe
exceptions would include a majorevent such as a homicide or aa directed by the.Watch
Cornmander ot a mernber of siaff. lf a video media is booked into evidence, it shall be
trooked in the Samo manne!" as other properiy and referenCed in the case report.
tulobile Audio Vidoo Procedure - 251
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APPENDIX E BODY.WORN CAMERA POLICY-MENLO PARK POLICE DEPARTMENT
[/enlo Par]< Police Department
Policy Manual
Use of AudioA/ideo Recorders
450.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of portable audio/video recording devices by members
of this department while in the performance of thejr duties.
'Ihis policy does not apply to surreptitious interception of electronic communications for lawful
authorized investigative purposes (see the Investigation and Prosecution policy).
4s0.2 PoLICY
The lrlenlo Park Police Department shall provide members with access to portable recorders,
either audio or video or both, for use during the performance of their duties. The use of recorders
is intended to enhance the mission of the Department by accurately capturing contacts between
members of the Departrnent and the public.
450.3 MEMBER PRIVACY EXPECTATION
All recordings made by members acting in their official capacity shall renrain the property of
the Department regardless of whether those recordings \ /ere made with department-issued or
personatly ouined recordors. lt/lembers shall have no expectation of privary or ownership interest
in the content of these recordings.
450.4 MEMBER RESPONSIBILITIES
prior to going into service, each uniformed member will be responsible for making sure that he/
she is equipped with a portable video recorder, issued by the Deparlment. and that the recorder
is in good working order. Uniformed members shall wear the recorders in such a \ /ay as to have
easy access to the function buttons and in a ranner that renders the recorder secure-
Any member assigned to a non-uniformed position shall carry an approved portable recorder. The
recorder shall be carried in a uray that renders the recorder secure vrith the ability to record any
contact with a citizen.
At the beginning of each shift, the member shall test the recorder to assure it is lvorking properly.
I\ilembers shall document the existence of a recording in any report or other official record of the
contact, including any instance where the recorder malfunc{ioned or was not turned on for any
portion of the conta61. The member shall include the reason for not activating the recorder.
450.5 ACTIVANON OF THE AUDIO/VIDEO RECORDER
Members shall activate the recorder during all on duty contacts with citizens otherthan a contact
with another member. without their knowledge.
Mombers shall aciivate their recording devices prior to arriving to any in-progress or serious or
high priority calls for service to preclude arriving on scene and being unable to activate the unit,
t"ise ot Audro/Video Recorders - '1
Adopted 201 5l05l2o O 1995-20r 5 Lexipol. 1.. l-C
2015-201 6 San VIateo Cotrnty Clivil (iratrd .ltrrv i(r
I\tlenlo Park Police Department
Policy lllanual
Use ol AudioNideo Recorders
Members will have discretion to keep recording devices off during conversations with crime
witnesses and members of the community who wish to report or discuss criminal activity \Ahen
determining whetherto record interviews with witnesses and members of the community who wish
to share information, members should alurays consider both the evidentiary value of the recording
andthesubject'scomfortwithspeakingoncarnera. Tobettercaptureevidence,itisrecommended
that members record statements made by witnesses and people sharing information. However, if
a person will nottalk unless the recording device is turned oft, members may decide that obtaining
information is more important than recording.
At no time is a member expected to place his/her safety in jeopardy in order to aclivate a recorder
or change the recording media. However, the recorder should be activated in all situations as
soon as praclical.
450.5.1 SURREPTITIOUS USE OF THE AUDIO/VIDEO RECORDER
lVlembers of the Department may surreptitiously record any conversation during the course of
a criminal investigation in which the officer reasonably believes that such a recordrng will be
beneficial to the investigation (Penal Code $ 633).
Members shall not surreptitiously record another deparlnrent member without a court order or
unless lawfully authorized by the chief of Police or the authorized designee.
450.5.2 SURREPTITIOUS USE OF AUDIOA/IDEO RECORDER DURING INVESTIGATIONS
OF PERSONN EL COMPLAINTS
fulembers are prohibited frotn surreptitiously recording any conversation in which a person is
making a personnel complaint or altegation of such. ln these situations, the member taking the
complaint shall advise the complaintantthatthe conversation is being recorded. If the complaintant
refuses to be recorded, the member shall discontinue recording, and will indicate this fact in the
documenlation created regarding the complaint or allegation, lt is recommended that a witness
member be utilized in cases which a complaintant refuses to be recorded.
450.5.3 CESSATION OF RECORDING
Once activated, the portable audio/video recorder should remain on continuously until the
member's direct participation in the incident is complete, Recordings may be stopped during
significant periods of inaclivity such as report writing or other breaks from direct participation in
the incident, or when speaking to other members outside the presence of involved parties to the
incident. Officers shall reactivate the recording device trpon reinitiating contact ot a new contact
with any citizen,
450.6 PROHIBITED USE OF PORTABLE RECORDERS
lt/lembers are prohibited from using departmenFissued portable recorders and recording media
for personal use and are prohibited from making personal copies of recordings created while on-
duty or while acting in their official capacity.
lvlembers are also prohibited from retaining recordings of activities or information obtained
while on-duty, whether the recording was created with department-issued or personally owned
Use of Audio/Vicleo Recorders - 2
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lVlenlo Park Police DePartment
Pohcy Manual
Use o{ AudioNirieo Recorders
recorders. tt/lembers shall not duplicate or distribute such recordings, except for authorized
legitimate departrnent business purposes. AII such recordings shall be retained at the Department.
Members are prohibited from using personally owned recording devices wfiile on'duty.
Recordings shall not be used by any rnember for the purpose of embarrassment or ridicule.
Any member who may have questions regarding the application of this policy is encouraged to
seek cla rification from supervisory pe rsonnel.
450,7 RETENTION OF RECORDINGS
f\Iembers shall upload all digital recorded files in accordance with currenl procedures for storing
digital files, at the end of their shift and anytime the storage capacity is nearing its limit.
Any time a member uploads a digital file that will or may be used as evidence in a criminal or
non-criminal case. the member shall mark the file with all perlinent information required by the
departrnent's digital recording software, and will cause that file to be marked as "evidence" in the
system.
450,8 RETENTION OF FECORDS
Citizen contact recordings shall be retained for a minimum of (2.5) years. All recordlngs which are
classified as evidence will be retained for a period of time dotermined by applicable la\ rs and the
City of Menlo Park's relention guidelines.
450.9 RELEASE OF RECOBDINGS
All recordings shall be review,ed by the Custodian of Records prior to public release (see the
Records Release and Security Policy). Recordings that unreasonably violate a person's privacy
or sense of dignity should not be publicly released nnless disclosure by law or order of the court.
450.1O REVIEW OF RECORDED MEDIA FILES
W6en preparing written reports, members should reviewtheir recordings as a resource. However,
members should not use the fact that a recording was made as a reason to write a less detailed
report. Members shall not retain personal copies of recordings.
Supervisors are authorized to review relevant recordings any time they are investigating alleged
misconduct, reports of meritorious conduct orwhenever such recordings would be beneficial in
reviewing the member's performance.
Recorded files rnay also be reviewed:
(a) Upon approval by a supervisor, by any member of the Department who is participating in an
official investigation, such as a personnel cornplairrt, administrative investigation or criminal
investigation.
(b) Pursuant to law,ful process or by court personnel who are otherwise authorized to review
evidence in a related case.
Use of Arjdio/v"ideo Recotders - 3
Adopred 2o15lo5l2"o o 1995-2015 Lexipol, LLC
201 5-201 6 Sirtt Matco Courrty Civil Crand .lury i8
lVlenlo Park Police DePartment
Policy Manual
Use ot Recorders
(c) ln compliance with a public records request, if permilted, and in accordance with the Release
of Records and lnforrrration Policy'
Use of Audio/Video Remrders ' 4
Adopted. 2]15tffit2} O 19$5'201 5 Lexipo , LLC
2015-201(r San Mateo Cottnty CivilGranrlJury i9
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APPENDIX F BODY CAMERAS_MENLO PARK POLICE DEPARTMENT CITIZENS ADVISORY
COMMITTEE REPORT
Body Cameras - MPPD Citizens Advisory Committee Report
2015/05107
The Citizens Advisory Committee (Cornnritlee) to the Menlo Park Police Depatment is
comprised of residents of Menlo Park who have been invited by Chief Robert Jonsen to provide
feedback lo the Police Departrnent about a range of issues concernirrg public safety, police
departrnent practices and proposals, and lo bring issues of inlerest in the comrnunily to lhe
attention of the Chiel.
Over the course of its 1B months of exislence, the Committee has reviewed the use of several
surveillance technologies employed by the tr/PPD, such as license plale readers, fixed cameras,
and both audio and video recorders worn by police officers among other issues.
policy 480, Use of Audio/Video Recorclers was reviewed by lhe Committee in Jattuary of 2015.
Later thal month, several members of the lrlenlo Park Cily Council expressed concerns about
policy 450, and asked Chiel Jonsen to revisit Policy 450 with the Citizens Advisory Committee.
The Committse met on 1'uesday, March 31 , 20 l 5. The sole topic of discussion was proposed
revisions to hrlPPD Policy 450, lJse of Audio/Visuat Recorders (dated 201 5/021 B)" The
proposed revisions were presented to the committee by Chief Robert Jonsen and Commander
David Benini.
The use of body cameras by law enforcement occurs wilhin a rapidly changing legal and ethical
landscape that includes such things as:
r a push from the highest levets of government to increase lhe use of body cameras by all
U.S. police officers, due in part to the concern of alleged police brutality and the use of
deadly force targeting minorities by white police officers'
r the illicit publication in social nrcdia of videos recorded by polic;e officers,
o the increasing use of video recorders by the public of police activities and arrests,
r increased revelations of alleged government overreach in sttrveilling American citizens'
e the theft or iilegal disclosures of private information thouglrt to be secure in public and
private cornputer networks,
r an evolving and highlV nuar)ced set of opinions and guidelirtes regarding the use of body
camoras trom such as Lexipol, the Justice Departtnenl's Comnrunity Oriented Policing
(COpS) office, the Anrericarn Civil Liberties Union, and the Electronic Frontier
Foundation,
r widely differing praclices and policies between police iurisdiclions and state laws across
the country,
. coneern regarding the wiclespread sharing of surveillance recordings between local,
state, and federal agencies,
. naw innovalions within the camera technology from increased battery life and video
qualily to the introdtlclion of new soflware features,
201 5-20 l(r Sarr Mateo Cotttrty Civil Crand Jury
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. lhe need for training officers in the use of lhis equiprtent in tlte field, the processing of
lhe information il gathers, lhe supervision of lhe performance of the officers in using the
equipment, and the updating of police procedures lo reflecl changes in law, policies and
best practices.
On the whole, the Committee a$ees with the recommended changes to Policy 450 presented
to us.
During the Cornmitlee's discussion about the proposed changes to Policy 450 we focused on
several questions:
1- When should the recolder be lurned on?
2. Under what circumslances should the recorder be lurned off?
3. What recordings should be retained?
4. How long should recordings be relained?
5. How can policies and procedures remain currenl in such a rapidly changing
environment?
6, How willthe IrilPPD be able to keep up with the pace of tochnological innovation, dala
slorage needs, nelwork securily, and backup/redundancy requiremenls?
It rs important to note that some of the suggesfibns dlscussed within the Comnittee may more
properly be addressed in the area of I'rlPPD Procedures rather lhan Policy 450 itself .
1. When should the recorder be turned on?
The committee agrees with the proposed language in 450.5, that lhe device be activaled "prior
to aniving at any in-progress or seriotts or high priorily calls tor service."
To turn cameras on and leave them on during lhe enlire shiit of the police officers presents
logisticalchallenges and also presenls significant privacy concerns forlhe officers as
employees of the MPPD. The Commiltee sees no conrpelling reason to require cameras lo
always be on. However, cameras should remain on until such litne as the officer is no longer
involved with the "involved parties" in lhe incident.
As a best practice, the Conlrniltee reconrmends ihat lhe officer provide a voice narralton ot
verbal note upon activating lhe recorder.
2. When should the recorder be turned oll?
Policy 450.3 stales thal the recordor can be turned off during "significant periods of inactivily
such as report writing or other breaks from direct participation in the incident, or vrhen speaking
to other nrembers [police officers] outside the presence of involved parlies to the incidenl " This
seems reasonable lo us.
As a best praclice, we reconlnend that the officer provide a voice narralion or verbal nole upon
turning off the recorder, noting v/hy the recorder is being turned off.
201 5-20l6 San Mateo Courtty ('ivil Glancl JLrry
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There was discussion aborrt when an officer can choose to turn off a recorder at the requost of
an individual who may wish to nol be recorded and/or will reftrse to speak wilh an otficer if the
recorder is not turned off.
Even though a person speaking wilh a police officer may nol have an expeclalion of privacy, in
sorne instances such a person may express concerns for their personal welfare or safety if they
provide informalion to the police. The use of a body camera may heighten that corlcern and lead
someone to "clam up." We hope lhat such circumslances wottld be uncomrnon, and that officers
should be provided wilh the discretion to turn oft lhe recorder if , in lheir judgment, valuable
information might olherwise nol be forthcoming.
As a best practice, we recorntnend lhat the police otficer record the request by the person being
interviewed to "lurn off lhe camera'to preclude any queslion as to why the device was tttrned
off ,
3. Whal recordings should be retained?
When recordings are uploadecl to the tvlPPD servers, video segments [portions between the
activation of start recarding and lhe aclivalion of stop recording on lhe devicel can be "flagged"
by officers. Ordinary conversations between officers with citizens they encounler during the
course of the day about the wealher or sports should ltot be flagged. Care musl be exercised to
nol allow the flagging of every encounter out of an abttndance of caution about possible but
improbable actions.
Police officers must, of cotrrse, flag anything that might be of evidentiary vatue. They must also
use their own judgment, subject to review by their supervisor, of any inleractions wlrich may
lead to a citizen cotnPlainl.
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4. How long should recordings should be relained?
State Law: California Governrnlnt Code $34090.6! requires thal all recotdings be retained for
one year, afler which they may be destroyed'
Federal Law: The statute ol limitations for bringing suit under a Federal Civil Rights complainl
under $1983Is iwo years (in California)' plus notifications'2
MppD policy: -l-here is no statute of lirnitalions within the policies of the ltlPPD for citizen
complaints.
With various legal requirements anclperiods ,or citizens bringing suits or complaints ranging
from one y*a1 io infinity, few people argue in favor of infinite storage of such recolds. So what is
a reasonable compromise between a tninimum of one year (as required by slate law) and
infinity?
The lr/PPD recommends a period of 2.5 years as a means of protecting both the City and
individuat police officers from significant financial liabilities shcrrld eilher u both be successfttlly
sued, A clear majority of the Committee agrees with this recommendation' Experls in risk
managemenl would generally agree as well'3
, 34090.0. (a) Notwithstanding the provisions ol Section 34090, the head ol a depanmenl o, a cily or city and cot'lnty'
attel one year, may doslroy relorUings of routine video lnonitoring, and after 100 days.!n9y destroy recorCings of
telephone and radio .on,,nrn-i.JiorJmiintalneo by the depanmdnt. This destrucllon,shall be approved by the
i.qliLii;. body and the lvritien consent ol the agency atroinev sl"allbe ob:aired ln the evenl lhat the recordings are
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"ruim
tlrea "r
;"y ;;;;;rg iirigat"ion, tney snati oe preserved unt I pending l;rigalion is resolved' 6ii;prrp"'.es ol rhis sect,oi,IreCorc'ingi ol teiephirne and radio communications" lneans lhe routine daily
recordino o, telephone comrnunications to a-nC trom a city, city and County. or departmenl, and all radio
comnunlcations relating to the operaliors of the depanments'' j.i ri, i.ni"res of th'is ru.iiori;rort,r" video monitoring" means video record,ng by a v;deo or eleclronic imaging
,Vr,.,. OEilfl*J io ,eco,O tneieguf al tnO ongoing operat-ons of the departments descrised in subdivision (a),
includiqq tnobile in-car video systems,
i"if ofr.."trrtion and mon'toring systerns, and building securrty recording systelns.
''(d; il;;;;rli ri' r r".i.'i, "deparrmenr" inctJdes a pubtic satety comtrunicalions cenrer operaled by the city
or city and counly
'l;,t';;.;;; who, under color ol any slatule, ordinance, regulation, custoln, or usage, of any state or territory'
.uu;..1r. orcadses io r. sroiect*d, ulv.l, r*n ot the United-States or other person within the iurisdiclion lhereol to
ir..|.'Jupiirition ol any rignts, i,rviieies
'o|. irnrnunilies secured by the constitulicn and lavrs, shall be liable to the
p"rr,l[iuiiO-in i, a.tioi ut iJo, iuii in'"quiry, or other proper proceecling for redress except that in any action
hrn,rdhr a.rAinsr a iudicial "ti."i ior ". aci oi orrrssic,n iaten in sucrr offiier's judlcial capacity, injunclive relie{ shall
ilil[ ;;liil;iJ;;;;;[;;";y decree was viotated or declaratory reliel was unavai]able For the purposes or
ii,i;;d16., any Act ol congresi;ppricable exclusively to the Districl of columbia shall be considered to be a statule
ot lhe District of Columbia,t A t;i;o;ily otthe Comrnittee suggesrs rhat tinancial ilsk is nol the only factor that should be considered in
OeierminingthelengthofOarareie"nrion.Theprivacyriqhtsof c:tieens,onecouldargue'arepriceless SirV/ill;arn
Bir"krtonr"fu,nousiy w,or. tffii;i;; tarv holdi it betier'ihat ten guilty persons escape, than that one innocent pafiy
sulfer.., And vyhile the *,rorniii uiouo jurn hetcl by lhe tr/PPD 6n any individual cilizen rnay be rel.rlively small, the
accurnulated data hetd uv otii.i goulir,,nent bodies and corporalions is huqe And it is the aqlllesale of strch data
th;:;;ilinr ;iny civtt iioertiesadvocates, and aggreqation thal can be completed surleptit'rously withoul.the
Ino*[Og. oi *r.!nr ol y,. 11rniiuuu oi untiri.n ri ii eicn hold a piece of ir. The existence ol such lechnology and
parlies willing to use lt thefeto;;;ig;; that each piece of <lata be held for the absolute trtinitrutn 01 arnount of tilne 1o
rnitigate against such risks.
4 oi6
201 5-2016 San Matec Cortttty Civil Crand Jury 43
While the statute of liniitations for citizen complaints againsl a pr:lice officer is unlimited, lhe sole
remedy available to cilizens who make such complainls are lintited lo disciplinary action againsl
an officer. Therefore, lhere is no firtancial risk to the Cily,
5. How can policies and procedures remain current in such a rapidly changing
environnrent?
As stated in lhe outset of lhis document, the legal landscape, public opinion, and technology
relaled to body cameras is rapidly evolving. The Committee believes that it is imperative that
Policy 450 be subjected to regular review and scrutiny by the MPPD and the cilizens for lhe
foreseeable future.
The MPPD relies upon Lexipolfor information concerning the changing legal landscape and
besl practices in many areas includlng Policy 450. We encourage them to continue this practice
and lo recommend policy and procedural changes as warranted.
Furthermore,lhe citizens of ltlenlo Park should be made aware of lhe information abottt Policy
450 that is available on the City's website and encouraged to voice lheir opinion through
conversations with the tvlPPD and their elected officials.
6. How will the MPPD be able to keep up with the pace of technological innovation, data
storage needs, network security, and backup/redundancy requirements?
Ernerging lechnologies such as facial and voice recognition, backgrottnd images. correlalion of
body camera dala with other surveillance data sets, pressure to share data between
jurisdiclions, and cross mining practice (aka "big dala") could create additional queslions and
dilemmas lhat will require deep conversation and consideralion.
The MPPD will face an enormous challenge of storing all ol this data, securing it internally and
againsl oulside threats, and prolecting il from physical damage. Few systems can withstand an
attack from deterrnined hackers such as those that go by the name "anonytnous." Criminals and
governrnenl-based hacking prograrns are also able to penetrale mosl systems almost at lvill.
Should a fire occur in the MPPD data center the results could be catastrophic. The depafintenl
needs lo take all practicable steps necessary in infrastruclure and security syslerns lo prolecl
the dala ilsolf and, more imporlantly, the privacy and integrity ol the information. The syslems
need to be fulure proofed so thal evidence thal is committed lo a backup syslem in 2015 will siill
be readable by computers in 2040.
Conclusion
This is the firsl lirne the Committee has been asked by the Cily Council to weigh-in on issue of
such public interest. The Conimiltee is an unelected body and does nol repon to the Council.
We are a non-political group. and we serve al lhe pleasure of lhe Chief of Police. We appreciate
Ihe oppoftunity to serve lhe Chief in lhe capacity of a citizen "sounding board" and to bring ottr
own ideas to MPPD lhrough our regular nreetings. lf the City Council concludes that there is a
20 I 5-20 I 6 San Mateo County C iv i I (irand .l ury
5or6
44
I
need for a group focused on the IVPPD an offlcial Conrrnission shottld be fonned. We are not
advocating for this but neither are we prepared to servo in a capacily beyond that for whioh we
were originally f ormed.
lsstrecl: May 24,2016
2015-2016 San Mateo Couttty Civil Grand .ltrry
6ot6
45
t
\
STAFF REPORT AGENDANO: 8f
MEETING DATE: July 5,2016
To:Honorable Mayor and City Council
Date: July 5, 2016
From: William Meeker, Director of Community Development - (650) 558'7255
Subject:Adoption of a Resolution Authorizing the City Manager to Execute a
Professional Services Agreement with Bureau Veritas North America, lnc.
Retated to Plan Check and lnspection Services Provided by the Community
Development Department - Building Division for Fiscal Year 2016'17; and
Authorization to Pay for Past Services Rendered
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City
Manager to execute a professional services agreement with Bureau Veritas North America, lnc.,
in the amount of $360,000 for plan check and inspection services anticipated for fiscal year
2016-17. ln addition, staff requests City Council authorization to pay for services rendered after
expiration of the previous contract with Bureau Veritas.
BACKGROUND
On October 6, 1992 the City of Burlingame Building Division entered into a contract with Linhart
Petersen Powers Associates for building inspection and plan check services. On October 31,
2006, Linhart Petersen Powers Associates was acquired by Bureau Veritas NA, an international
company. BV has not increased their prices for the past 10 years, thus serving to benefit the
City's customers.
The Building PermiUPlan Check fees paid by applicants cover the costs of Bureau Veritas'
services to the City. As such, these are considered to be passthrough fees. The amount of
$360,000 that is being requested by the City's Chief Building Official is based on the projection
that such large projects as SummerHill, 225 California Drive, and other applicants are
anticipated to submit project plans for review before the end of the calendar year in advance of
new building codes becoming effective January, 2017.
The term of the last annual contract between the City and Bureau Veritas ended on August 31,
2014. The firm continued to provide services to the City since that time without an extension of
an agreement with the City. With the transition between Chief Building Officials, the error was
not caught immediately. However, once the oversight became apparent, the Building Division
initiated a competitive bid process for the new contract. At this time, the City owes the firm
$76,309 for work performed for through tvlay 31 ,2016.
1
Bureau Veritas No,7h America Contract July 5, 2016
DISCUSSION
Staff issued a Request for Proposals (RFP) for professional plan review and building inspection
services and received two proposals from qualified firms. After careful evaluation and
interviews, staff decided to continue using Bureau Veritas North America, lnc. as the most
qualified firm.
Staff has negotiated the following scope of services with Bureau Veritas:
Plan Review: Bureau Veritas will perform plan reviews to check plans for compliance with
the California Building Codes as generally found in Title 24 Parts 2,2.5,3, 4,5,6,8 and 12
including structural, fire/life safety, disabled access, and energy conservation requirements,
as amended by City.
Comment Lists and Plans Delivery: Plan reviews result in typed lists of comments, which
refer to specific details and drawings, and reference applicable code sections. Bureau
Veritas will transport plan comments to a City contact person, via FAX and/or reliable
overland carrier. Overnight delivery is available at no extra cost. Depending on the City's
preferred process, the firm will also provide plan check comments and perform rechecks
directly with the City, or the applicanvdesig ner, returning approved documents to the City
after the plan review process is completed.
Turn-Around Schedures.'Plan reviews will generally be completed/returned to the City
within approximately ten working days of the date the plans are received by Bureau Veritas.
Other turnaround schedules will be accommodated at the request of the City. Large,
unusually complex plan reviews may require up to a 15 day turnaround.
Technical Support: Technical support will be provided when mutually agreed between the
City and Bureau Veritas. City staff will attend pre-construction or pre-design meetings, field
visits upon request, and provide support for field inspection personnel on an as-needed
basis.
lnspection Seryices.' Bureau Veritas will provide building inspector(s) as requested by the
City. The scope of inspection services to be provided will be defined below or as defined
uniquely for each project or as determined by the firm and the City. lnspectors will report
directly to the Chief Building Official or other person designated by the City for all projecl
related work. ln general, the inspection services to be provided may include, but are not
limited to, field observation of all construction activity, preparation of daily reports, review of
submittals and other duties as assigned.
Permit lssuance Services.' Bureau Veritas staff will calculate and collect permit and
inspection fees and issue permits on City forms. All permits will be issued in compliance with
the City's adopted building codes in the time frame required by the City. Firm staff will be
available to assist permit applicants on all appropriate codes and regulations including flood
zone requirements, hazardous materials disclosure reporting, contractor's licensing
verifrcation, worker's compensation insurance verification, etc. as needed by the City.
2
Bureau Veritas Notth America Contract July 5, 2016
Because the City continued to direct work to the firm beyond the term of a valid contract, City
staff believes that Bureau Veritas acted in good faith in continuing to provide their services on
the same terms as under their prior contracts. Staff therefore requests Council authority to make
payment of the amount owed for all services rendered through June 30, 2016. Staff has
reviewed the invoices in question and has determined that they are appropriate for the services
rendered. The Department will also be conducting a review of its contracting practices to ensure
that similar oversights do not occur in future.
FISCAL IMPACT
There is no fiscal impact on the City's General Fund, as building permit plan check fees which
are taken in at the time of the initial applicant submittal cover the cost of Bureau Veritas North
America, lnc. services. Any funds that are remaining at the end of the fiscal year are put into the
building enterprise fund reserves.
Exhibits:
. Resolution. Professional Services Agreement
3
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH
AMERICA, INC. RELATED TO PLAN CHECK AND INSPECTION SERVICES
PROVIDED BY THE COMMUNITY DEVELOPMENT DEPARTMENT - BUILDING
DIVISION AND RATIFYING PAST PAYMENTS FOR SERVICES BETWEEN AUGUST
31,2014, AND THE DATE OF EXECUTION OF SAID CONTRACT
WHEREAS, the Community Development Department - Building Division
requires the services of a qualified outside consultant to perform plan check and
inspection services for major construction projects that exceed the capacity of in-house
staff; and
WHEREAS, the Community Development Department - Building Division sought
proposals from qualified firms to provide outside plan check and inspection services to
supplement the services provided by in-house staff; and
WHEREAS, the Community Development Department - Building Division has
selected Bureau Veritas North America, lnc. as the best qualified firm to provide the
necessary services to the City; and
WHEREAS, an agreement has been prepared incorporating the scope of work
and estimated costs associated with the services; and
WHEREAS, all costs for plan check and permit fees are passed through to
project proponents; and
WHEREAS, the amount of $360,000 has been allocated in the operating budget
for the Building Division Enterprise Fund for the intended purposes; and
WHEREAS, Bureau Veritas had previously provided similar services to the City
of Burlingame under a contract that expired on August 31,2O14: and
WHEREAS, acting in good faith, Bureau Veritas continued to provide services to
the City on the same terms as those contained in the contract after the expiration of said
contract; and
WHEREAS, the City paid invoices for such work until City staff recognized the
error in failing to renew or extend the previous contract and issued the RFP discussed
above.
1
RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED:
The City Manager is authorized and directed to enter into a Professional Services
Agreement with Bureau Veritas North America, lnc. for plan check and inspection
services, as stated in the scope of work attached to the agreement.
The City Clerk is directed to attest to the signature of the City Manager upon
execution of the Professional Services Agreement.
Past payments made pursuant to invoices for work performed between August
31, 2014, and the date of execution of the abovementioned Agreement are
hereby ratified and, to the extent that such invoices have not been paid, the
Finance Department is authorized to release payments for such services actually
performed and invoiced.
Ann Keighran, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby
certify that the foregoing resolution was introduced at a regular meeting of the City
Council, held on the Sth day of July, 2016 and as adopted thereafter by the following
vote:
2
AYES:
NAYES:
ABSENT:
COUNCILII/EII/BERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
2
1.
lvleaghan Hassel-Shearer, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF BURLINGAME
AND BUREAU VERITAS NORTH AMERICA, INC.
THIS AGREEMENT is by and between BuREeu VERIIRsNonru AH,teRtce,INc. and
the City of Burlingame, a public body of the State of Califomia. Consultant and City agree:
l. Services. Consultant shall provide the Services set forth in Exhibit A, attached
hereto and incorporated herein.
2. Compensation. Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum compensation amount, Consultant agrees to perform all of
the Scope of Services in Exhibit A for the compensation defined in Exhibit B. Consultant shall
submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient
information to determine whether the amount deemed due and payable is accurate. Bills shall
include a brief description of services performed, the date services were performed, the number
of hours spent and by whom, a brief description of any costs incurred and the Consultant's
signature.
3. Term. This Agreement commences on full execution hereof and terminates on
June 30, 2019 with options to renew for two (2) additional one (1) year terms. Consultant agrees
to diligently prosecute the services to be provided under this Agreement to completion and in
accordance with any schedules specified herein. In the performance of this Agreement, time is
of the essence. Time extensions for delays beyond the Consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator prior to the
expiration of the specified completion date.
4. Assignment and Subcontracting. A substantial inducement to City for entering
into this Agreement is the professional reputation and competence of Consultant. Neither this
Agreement nor any interest herein may be assigned or subcontracted by Consultant without the
prior written approval of City. It is expressly understood and agreed by both parties that
Consultant is an independent contractor and not an employee of the City.
5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the
duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance
coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and
incorporated herein by reference. Consultant shall demonstrate proof of required insurance
coverage prior to the commencement of services required under this Agreement, by delivery of
Certificates of Insurance to City.
6. Indemnification. Consultant shall indemnify, defend, and hold City, its directors,
officers, employees, agents, and volunteers harmless from and against any and all liability,
claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the
negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or
agents, or on account ofthe performance or character ofthe Services, except for any such claim
arising out of the sole negligence or willful misconduct of the City, its officers, employees,
agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold
harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.
Notwithstanding the foregoing, for any design professional services, the duty to defend and
indemnify City shall be limited to that allowed pursuant to California Civil Code section2782.8.
Acceptance of insurance certificates and endorsements required under this Agreement does not
relieve Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply whether or not such insurance policies shall
have been determined to be applicable to any of such damages or claims for damages.
7. Termination and Abandonment. This Agreement may be cancelled at any time
by City for its convenience upon written notice to Consultant. In the event of such termination,
Consultant shall be entitled to pro-rated compensation for authorized Services performed prior to
the effective date of termination provided however that City may condition payment of such
compensation upon Consultant's delivery to City of any or all materials described herein. In the
event the Consultant ceases performing services under this Agreement or otherwise abandons the
project prior to completing all of the Services described in this Agreement, Consultant shall,
without delay, deliver to City all materials and records prepared or obtained in the perfornance
of this Agreement. Consultant shall be paid for the reasonable value of the authorized Services
performed up to the time of Consultant's cessation or abandonment, less a deduction for any
damages or additional expenses which City incurs as a result of such cessation or abandonment.
8. Ownership of Materials. All documents, materials, and records of a finished
nature, including but not limited to final plans, specifications, video or audio tapes, photographs,
computer data, software, reports, maps, electronic files and films, and any final revisions,
prepared or obtained in the performance of this Agreement, shall be delivered to and become the
property of City. All documents and materials of a preliminary nature, including but not limited
to notes, sketches, preliminary plans, computations and other data, and any other material
referenced in this Section, prepared or obtained in the performance of this Agreement, shall be
made available, upon request, to City at no additional charge and without restriction or limitation
on their use. Upon City's request, Consultant shall execute appropriate documents to assign to
the City the copyright or trademark to work created pursuant to this Agreement. Consultant shall
return all City property in Consultant's control or possession immediately upon termination.
9. Compliance with Laws. In the performance of this Agreement, Consultant shall
abide by and conform to any and all applicable laws of the United States and the State of
California, and all ordinances, regulations, and policies of the City. Consultant warrants that all
work done under this Agreement will be in compliance with all applicable safety rules, laws,
statutes, and practices, including but not limited to CallOSHA regulations. If a license or
registration of any kind is required of Consultant, its employees, agents, or subcontractors by
law, Consultant warrants that such license has been obtained, is valid and in good standing, and
Consultant shall keep it in effect at all times during the term of this Agreement, and that any
applicable bond shall be posted in accordance with all applicable laws and regulations.
10. Conflict of Interest. Consultant warrants and covenants that Consultant presently
has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render
the services required under the provisions of this Agreement a violation of any applicable state,
local, or federal law. In the event that any conflict of interest should nevertheless hereinafter
arise, Consultant shall promptly notify City of the existence of such conflict of interest so that
the City may determine whether to terminate this Agreement. Consultant further warrants its
2
compliance with the Political Reform Act (Govemment Code $ 81000 et seq.) respecting this
Agreement.
I 1. Whole Agreement and Amendments. This Agreement constitutes the entire
understanding and Agreement of the parties and integrates all of the terms and conditions
mentioned herein or incidental hereto and supersedes all negotiations or any previous written or
oral Agreements between the parties with respect to all or any part of the subject matter hereof.
The parties intend not to create rights in, or to grant remedies to, any third party as a benehciary
of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This
Agreement may be amended only by a written document, executed by both Consultant and the
City Manager, and approved as to form by the City Attorney. Such document shall expressly
state that it is intended by the parties to amend certain terms and conditions of this Agreement.
The waiver by either party of a breach by the other of any provision of this Agreement shall not
constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Agreement. Multiple copies of this Agreement may be executed but
the parties agree that the Agreement on file in the office of the City Clerk is the version of the
Agreement that shall take precedence should any differences exist among counterparts of the
document. This Agreement and all matters relating to it shall be governed by the laws of the
State of California.
12. Capacity of Parties. Each signatory and parly hereto warrants and represents to
the other party that it has all legal authority and capacity and direction from its principal to enter
into this Agreement and that all necessary actions have been taken so as to enable it to enter into
this Agreement.
13. Severability. Should any part of this Agreement be declared by a final decision
by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the
authority of either party to enter into or carry out, such decision shall not affect the validity of the
remainder of this Agreement, which shall continue in full force and effect, provided that the
remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give
effect to the intentions of the parties.
14. Notice. Any notice required or desired to be given under this Agreement shall be
in writing and shall be personally served or, in lieu of personal service, may be given by (i)
depositing such notice in the United States mail, registered or certified, return receipt requested,
postage prepaid, addressed to a parly at its address set forth in Exhibit A; (ii) transmitting such
notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage
paid and addressed to the other at its street address set forth below; (iii) transmitting the same by
facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the
sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by
personal delivery. Any notice given by Courier shall be deemed given on the date shown on the
receipt for acceptance or rejection of the notice. Either parly may, by written notice, change the
address to which notices addressed to it shall thereafter be sent.
3
Capitalized terms refer to the definition provide with its first usage in the Agreement.
When the context of this Agreement requires, the neuter gender includes the masculine,
the feminine, a partnership or corporation, trust or joint venture, and the singular includes the
plural.
The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is
permissive.
The waiver by either party of a breach by the other of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same
or a different provision of this Agreement.
When aparty is required to do something by this Agreement, it shall do so at its sole cost
and expense without right to reimbursement from the other party unless specific provision is
made otherwise.
Where any party is obligated not to perform ary act, such party is also obligated to
restrain any others within its control from performing such act, including its agents, invitees,
contractors, subcontractors and employees.
IN WITNESS WHEREOF, Consultant and City execute this Agreement.
CITY OF BURLINGAME
501 Primrose Road
Burlingame, CA 94010
Date: Date: 6/2212016
CONSULTANT
Name Bureau Veritas North
Address 180 Promenade Circle. Suite 150
Sacramento. CA 95834
B
Name__lgam Hasenin
Title Chief Operatine Offi
Federal Employer ID Number: 06-1689244
License Number: C2 8 887 1
Expiration Date: N/A
By:
Lisa Goldman
City Manager
Meaghan Hassel-Shearer
City Clerk
4
Attest
15. Miscellaneous. Except to the extent that it provides apart of the definition of the
term used herein, the captions used in this Agreement are for convenience only and shall not be
considered in the construction of interpretation of any provision hereof, nor taken as a correct or
complete segregation of the several units of materials and labor.
Approved as to form:
Kathleen Kane
City Attorney
Attachments:
Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit C City Insurance Provisions
5
Building Safety and lnspection Services
Exhibit A - Scope of Work
Exhibit A - Scope of Work
Plan Review Services
Plan Review.'Bureau Veritas North America, lnc. will perform plan reviews to check plans for compliance with the
California Building Codes as generally found in \itle 24 Parts 2, 2.5,3,4, 5, 6, I and 12 including structural, fire/life
safety, disabled access, and energy conservation requirements - as amended by City.
Comment Lists and Plans Delivery: Plan reviews result in typed lists of comments, which refer to specific details
and drawings, and reference applicable code sections. Bureau Veritas North America, lnc. willtransport plans
comments to City contact person, via FAX, and/or reliable overland carrier. Overnight delivery is available at no
extra cost. Depending on the City's preferred process, Bureau Veritas North America, lnc. will provide plan check
comments and perform rechecks directly with (1) the City, or (2) the applicanUdesigner, returning approved
documents to the City after the plan review process is completed.
Turn-Around Schedules.' Plan reviews will generally be completed/returned to City within approximately ten (10)
working days of the date the plans are received by Bureau Veritas North America, lnc.. Other turnaround
schedules will be accommodated at request of City. Large, unusually complex plan reviews may require up to a
fifteen (15) day turnaround.
TechnicalSupport: When mutually agreed between the City and Bureau Veritas North America, lnc. as vitalto
project success, Bureau Veritas North America, lnc. staff will attend pre-construction or pre-design meetings, field
visits upon request, and provide supportforfield inspection personnel on an as-needed basis.
Inspection Services
Bureau Veritas North America, lnc. will provide building inspector(s) as requested by the City. The scope of
inspection services to be provided will be defined below or as defined uniquely for each project or as determined
by Bureau Veritas North America, lnc. and the City. lnspecto(s)will report directly to the City Building Official or
other person designated by the City for all project-related work.
ln general, the inspection services to be provided may include, but are not limited to, field observation of all
construction activity, preparation of daily reports, review of submittals and other duties as assigned.
Permit lssuance Services
Bureau Veritas North America, lnc. believes strongly in providing the highest possible customer service to each of
our clients and to the general public we serve. Bureau Veritas North America, lnc. personnel are skilled and
trained in assisting permit applicants in all facets of building department policies and procedures. Our staff will
calculate and collect permit and inspection fees and issue permits on City forms. All permits will be issued in
compliance with the City's adopted Building Codes in the time frame required by the City. Bureau Veritas North
America, lnc. staff will be available to assist permit applications on allappropriate codes and regulations including
flood zone requirements, hazardous materials disclosure reporting, contractor's licensing verification, worker's
compensation insurance verification, etc. as needed by the City.
Bureau Veritas North America, lnc. staff will become familiar with the City's permit tracking software and any
recordkeeping necessary for the permit process.
f-ffi\w
r:ltEGTT'IEllng lvlove Forward with Confidence
Building Safety and lnspection Services
ExhibitB-FeeSchedule
ExhibitB-FeeSchedule
Plan Review
Basic Fees.' For complete plan review projects performed at Bureau Veritas North America, lnc. offices, fees
are as shown below, based on the City-collected plan review fees. Basic fees include first and second plan
reviews and simple, quick third reviews.
*Pl umbing/mecha nical/electrical-only and unreinforced masonry
The fee for expedited plan review will be an additional25%.
Other Fees.'ln addition to the Basic Fees described above, time-and materials methods using the current
Bureau Veritas North America, lnc. hourly rate schedule will be used for determining fees for the following
types of services:
1. Fees for plan review revisions to permitted plans will be based on the current Bureau Veritas North
America, lnc. hourly rate schedule.
2. Fees for problem plan checks that require more than a quick third check to approve the project,
when mutually agreed between the Chief Building Official and Bureau Veritas North America, lnc.,
will be based on the current Bureau Veritas North America, lnc. hourly rate schedule.
3. For rechecks of projects that were reviewed by others.
Inspection Services
Building Inspection Services will be provided at $90.00 per hour per inspector, including miscellaneous
charges as specified by the current Bureau Veritas North America, lnc. Schedule of Charges (below) or other
fixed fee method as mutually agreeable between the City and Bureau Veritas North America, lnc..
Permit lssuance Services
Permit lssuance Services will be provided at $65.00 per hour in accordance with the current Fee Schedule
ffi}w
rj!NGT:DIIIEIINS
Full Plan Review Completed in BVNA Offices 75% of City's plan review fee
Miscellaneous and Structural Only Review
Completed in BVNA Offices*
50% of City's plan review fee
Full Plan Review for projects valued over
$10,000,000
50% of City's plan review fee
Move Forward with Confidence
Building Safety and lnspection Services
ExhibitB-FeeSchedule
ExhibitB-FeeSchedule
Our pricing reflects our commitment to the success of your City by helping you maintain significant quality and
cost saving benefits moving foru,rard. These include:
. Reduced plan review turnaround times. lmplementation of established electronic plan review processes. Commitment to maintain a proposed rate structure for the life of the initial contract period. Highly qualified staff compensated commensurate with their duties and responsibilities. Confidence of working with a well-established consultant in business for 180+ years
Hourly rates for project personnel are outlined below:
Staff Level Glassifications Hourlv Billinq Rate*
Senior Plans Examiner
Senior Engineer
Plan Review Engineer
Senior Combination Building lnspector
Building lnspector
Permit Technician
Accessibility Plans Examiner (CASp)
$135.00
$145.00
$1 15.00
$9s.00
$90.00
$65.00
$1 15.00
Billinq Rate*
*Overtime, weekend or holiday rates will be an additional 30% of the hourly rates shown above
*Rates are valid from July 1,2016 to June 30,2019. Bureau Veritas North America, lnc.
Miscellaneous Charges
Description
Personal Vehicle, per mile $.55 or current IRS rate
@
EI!f,EtrITEIIE lt/ove Forward with Confidence
DATE(Mlvl/DDA/YYY)
06t15t2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY Ai'END, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf
SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
866-283-7L22 800- 363-0105
E.MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
PROOUCER
Aon Risk Services Northeast, Inc
Aon Risk Services Northeast, rnc
NY NY office
199 water street
New York NY 10038-3551 usA
19682tNsuRERA: Hartford Fire Insurance Co
tNsuRERB: Hartford Underwriters Insurance company 30104
29459tNsuRERc: rwin city Fire Insurance company
27L20tNsuRERD: rrumbull Insurance Company
TNSURERE: Hartford Casualty Insurance co 29424
tNsuRERF: sentinel Insurance company, Ltd 11000
INSURED
Bureau veritas North America, Inc
180 Promenade circle, suite 150
sacramento cA 95834 usA
.C,CAD,CERTIFICATE OF LIABILITY INSURANCE
o
Ecos
c,t6
I
COVERAGES 570062558795
CANCELLATION
@1988-201 5 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
aoN
@ooN
@ooN
oz
q)
I,o
Eoo
CERTIFICATE HOLDER
ABOVE FOR THEPOLICIES OF
MAY PERTAIN, THE INSURANCE
SUCH POLICIES. LIMITS SHOWN
WITHENT TORESPECT THISWHICHANYORTERMOFCONDITIONCONTRACTANYOTHERORDOCUMNOTWITHSTANDINGREQUIREMENT,INDICATED.
ETHAFFORDEDTHEBYDESCRIBEDPOLICIESINH ERE SUBJts TOECT ALL TERMS,ERTIFICATEc BEMAY ORISSUED
BYREDUCED CLAIMS.PAIDHAVEMAYBEENcoNotloANDOFNS shownLimits asareEXCLUSIONS
POLICY tFF LIMITSTYPE OF INSURANCE POLICY NUMBER
EACH OCCURRENCE $1,000,000
OAMAGE TO RENTED
PRFMISFS lFa occurene)$1,000,000
MED EXP (Any one person)s10,000
$1, 000 , 000PERSONAL & ADV INJURY
GENERALAGGREGATE $2 , 000, 000
PRODUCTS . COMP/OP AGG $2 , 000, 000
$10, 000
cG12006324 oL/oL/ ztJLb uL/oL/ to),
Deductible
K
x
COMMERCIAL GENERAL LIABILITY
GEN'LAGGREGATE LIMIT
x
x
^"ffi
CLAIMS.MADE OCCUR
PER:
LOCPOLICY
OTHERI
PRG
JECT
COMBINED SINGLE LIMIT $1, 000, 000
BODILY INJURY ( Per pe6on)
PROPERTY DAMAGE
lPer accident)
0L/0L/20L7
0r/0L/20L7
Comprehensive Deduct $1, 000
10 AB s41202
AOS
10 AB 541203
HI
oL/0L/20L6
0L/0L/20L6
A
B
AUTOMOBILE LIABILITY
ANYAUTO
OWNED
AUTOS ONLY
HIRED AUTOS
ONLY
SCHEDULED
AUTOS
NON.OWNED
AUTOS ONLY
X
EACH OCCURRENCE
AGGREGATE
OCCUR
CLAI|\,llS.MADE
UMBRELLA LI,AB
EXCESS LIAB
OED
x PER STATUTE lorH-
IFR
$r-,000 , 000E.L, EACH ACCIDENT
E.L. DISEASE-EA E[/PLOYEE $1,000 , 000
oL/0L/20L6
0L/0L/2016
0L/oL/2OL7
0L/0t/20L7
E.L, DISEASE.POLICY LIMIT $r,000,000
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER./MEMAER EXCLUDED?
(M.ndatory in NH)
lf ves. descnbe under
DFscRtPTtoN oF oPERAT!oNS betow
N
10wNS41200
AOS
10wNS41200
AK, ID, IL, NJ , NY
D
J
0L/0L/2076
rs & condi-
0t/07/20L7
'i ons
Each claim
Agg re9ate
SIR
$1, 000, 000
$r-, 000, 000
$2 s0 , 000
PP 12006313
srn applies per policy terKArchit&Eng Prof
The citv, its officers, officials, employees, and volunteers are inclgded as ldditional rnsured in accordance with the
oioriii6ir 6i itte Ceniiaj r-iabilitv ahd Auto t-iability policy. General Liability and Auto Liability evidenced herein i
hnd ruon-contributorv to other insu'rance available to an Additional Insured, but only in accordance with the polrcy's
orovisions. A waivei'of subroqation is qranted in favor of certificate ttolder in accordance with the policy provisions
beneral r-iabilitv. workers cofrpensation-and Auto liability policy. The Architects & engineers policy includes coverage
Professional r-iability and contractors Pollution Liability.
-&@"/%lf^*"t-%
5
oF oPERATIONS / LOCATIONS / VEHICLES (ACORD 101,may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
po1 i cy
Prr mary
of the
fo r'
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLEO BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN ACCORDANCE wlTH THE
POLICY PROVISIONS.
city of Burlingame
50L Primrose Road
aurlingame cA 94010 usA
ACORD 25 (2016/03)
BODILY INJURY (Per accident)
AGENCY CUSTOMER lD: 570000048582
LOC #:,qc#o'ADDITIONAL REMARKS SCHEDULE eage - of -
AGENCY
Aon Risk services Northeast, rnc.
NAMED INSURED
Bureau veritas North America, rnc
POLICY NUMBER
See certificate Number: 570062558795
CARRIER
See Certificate Number: 570062558795
NAtC COOE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability lnsurance
tNsuRER(S) AFFORDTNG COVERAGE NAIC #
INSURER G: Property & Casualty Ins Co of ttartford 34690
INSURER H : Hartford Insurance Co Of The Southeast 38261
r: Hartford accident & rndemnity company 22357
INSIIRER J : Hartford rns co of the tvtidwest 37478
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
INSR
T]TR TYPE OF INSUR{NCE
ADDL
INSD
SUBR
1\'VD
POLICY NTIIIIBER
POLICY
EFFECTII'E
DATE
(MM/DD/YYYY)
POLICY
EXPIRATION
D.{TE
(Mllr/DD/yYYY)
I,I\IITS
AUTOI4OBILE LIABILITY
A L0 AB 541202
AOS
07/ot/20a6 0L/0L/2017 collision
oeduct i bl e
$1, 000
WORKERS CON4PENSATION
B 10wNS41200
HI, MA
07/01/2076 0L/01/20L7
I 10wNS41200
AZ CA GA KY MI I4N [4T NE I
07/07/2076 0L/01,/2017
F 10wNs4L200
IA
01,/01/20L6 0L/01-/20L7
E 10wNs41200
NC
01,/01,/201,6 0L/0L/2017
A 10wNs41200
FL,ND,OH,WA
07/0L/201,6 0L/0]-/20L7
H 10wNs41200
PA
01,/07/201,6 0L/01-/2017
G N/A 10wNs41200
DE,LA,VT
01,/0L/201,6 0L/01,/20L7
c 10w8RS41201
WI
07/0L/2Ot6 0L/01,/20L7
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
O 2008 ACORD CORPORATION. All rights reseryed.
AGENCY CUSTOMER lD: 570000048582
LOC #:,CTCAD'ADDITIONAL REMARKS SCHEDULE Page - of -
AGENCY
Aon Risk Services Northeast, rnc.
NAMED INSURED
Bureau Veritas North America, Inc
POLICY NUMBER
See Certificate Number: 570062558795
CARRIER
See certificate Number: 570062558795
NAIC CODE
EFFECTIVE DATE;
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability lnsurance
lNsuRER(S) AFFORDING COVERAGE NAIC #
INSURER K: Allianz Clobal Risks uS Insurance co.3s300
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certifrcate form for policy limits.
INSR
LTR TYPE OF INSL'R{,NCE
.{DDL
INSD
SUBR
1\'VD
POLICY NU]IIBER
POLICY
EFFECTT!,E
DATE
(MNt/DD,ryYYY)
POLICY
EXPIRATION
D.{TE
(MNr/DD/YYYY)
LI,\IITS
ACORD 101 (2008/0r)
The ACORD name and logo are registered marks of ACORD
@ 2008 ACORD CORPORATION. All rights reserued.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ !T CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION
This endorsement modifles insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: CGL 2006324
The following is added to lhe Other lnsurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory lnsurance
This insurance is primary to and will not seek
contribution from any other insurance availableto an additional insured under your policy
provided that:
(1) The additional insured is a Named lnsured
under such other insurance; and
COMMERCIAL GENERAL LIABILITY
cG 20 a1 04 13
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
cG 20 01 04 f3 @ fnsurance Services Office, lnc.,2012 Page 1 of 1
POLICY NUMBER: CGL 2006324 COM M ERCIAL GENER,AL LIABILIry
cG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person or organization with whom you have agreed in writing in a contract or agreement to waive your right
of recovery.
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section lV - Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organizalion and included in the "products-
completed operations hazard". This waiver
only to the person or organization shown
Schedule above.
applies
in the
cG 24 04 05 09 O lnsurance Services Office, lnc., 2008 Pagelofl tr
POLICYI'IUMBER: 10 AB s41202
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERGIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following;
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply.
1, BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizatlons
The Named lnsured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which You have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named lnsured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of lnsurance.
(2) Any organizatlon that is acquired or
formed by you and over which You
maintain majority ownership. However,
the Named lnsured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venlure,
(b) That is an ''insured" under any other
policy,
(c) That has exhausted ils Limit of
lnsurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not aPPIY to "bodilY
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B, Employees as lnsureds
Paragraph A.1. - WHO lS AN INSURED - of
SECTION ll - LIABILITY COVERAGE is
amended trc add:
d. Any "employee'' of yours white using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as lnsureds
Paragraph A,1. - WHO lS AN INSURED - of
Section ll - Liability Coverage is amended to
add:
e. The lessor of a covered "auto' while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto'' is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
D. Additionallnsured if Required by Contract
('1) Paragraph A.1. - WHO lS AN INSURED
- of Section ll - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who ls An
lnsured with regard to the
ownership, maintenance or use of a
covered "auto."
O 201 1, The Hartford (lncludes copyrighted material
of ISO Properties, [nc., with its permission.)Form HA 99 16 03 12 Page 1 of 5
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occutTi:
(1) During the policy period, and
(2) Subsequent to the execution of such
wriften contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
lf you have agreed in a written contracl
or. written agreement that another
person or organization be added as an
additional insured on your policl, the
rnost we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of lnsurance shown in
lhe Declarations.
Such amount shall be a paft of and not
in addition to Limits of lnsurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other lnsurance
lf we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance avallable to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurei for defunse and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
lf you have agreed in a written contractor written agreemont that another
person or organization be added as an
additionat insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CISIM , SUIT
OR LOSS * OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
sarne manner as the Named lnsured.
E. Primary and Non€ontributory it
Requlred by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
lnsured lf Required by Contract, the
following provisions apply.
(3) Primary lnsurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or wriften
agreement that this insurance be
primary. lf other insurance is also
primary, we will share with all that other
insurance by the method described in
Other lnsurance 5.d.
(4) Pnmary And Non-Contributory To Other
lnsurance When Required By Contract
lf you have agreed in a written conhact
or written agreement that this insurance
is primary and non-c,ontributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek . contribution from that other
insurance.
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
\y'Uhen this insurance is excess, we will have no
duty to defend the insured against any "suit' if
any other insurer has a duty to defend the
insured against that "suit'. lf no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers-
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
ot
(1) The total amount that all such other
insurance would pay for the loss in the
absence ofthis insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described in Other lnsurance 5.d.
2. AUTOS RENTED BYEMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following;
O 2011, The Hartford (lncludes copyrighted material
of ISO Properties, lnc., with its permisslon.)Form HA 99 16 03 12 Page 2 of 5
lf an "employee's" personal insurance also
applies on an excess basis to a covered "auto''
hired or renled by your "employee" on your
behalf and at your direction, this insurance willbe primary to the "employee's" personal
insurance.
3. AMENDED FELLOI'V EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOyEE - of
SECTION ll - LlABlLlry COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees''.
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DATIiIAGE COVERAGE
lf hired "aulos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto, you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" lo any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or reptacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deduclible
applicable to any owned 'auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to lhe above lirnit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of lheir households.
5. PHYSICAL DAMAGE . ADDITIONAL
TEMPOR.ARY TRANSPORTATION EXPENSE
COVER.AGE
Paragraph A.4.a. of SECTTON ilt - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION ilt - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss,, to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss,'
and the "outstanding balance" of the loanllease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of ',loss,, lessany amounts representing taxes; overdue
payments; penalties, interesl or charges
resulting from overdue payments; additionai
mileage charges; excess wear and tear charges;
lease terminalion fees; security deposits not
returned by the lessor; costs for extended
wananties, credil life lnsurance, health, accidenl
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSTONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the foilowing is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag-
8" ELECTRON'C EQUIPMENT . BROADENED
COVERAGE
a. The exceptions lo paragraphs 8.4
EXCLUSIONS - of SECTION lil - pHyStCAL
DAMAGE COVERAGE are reptaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the ',auto,s,'
electrical system that, al the time of ,,loss',,
is:
(1) Permanently insta[ed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanenily installed in
or upon the covered ,,auto',;
(3) An integral part of the same unithousing any electronicequipment described in
Paragraphs (1) and (2) above; or
@2011, The Hartford (lncludes copyrighted material
of ISO Properties, lnc., with its permission.)Form HA 99 16 03 ,2 Page 3 of 6
(4) Necessary for the normal
operation ofthe covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section lll * Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of lnsurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of lnsurance,
Paragraph C are each amended to add the
following;
$1,500 is the most we will pay for "toss" in
any one "accidenf' to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or hansmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
tho covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufaclurer for the installation of
such equipment;
(2) Removable from a permanenfly
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c. For each coyered "aulo", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, roturn or replace darnaged or
stolen eleclronic equlpment will be reduced bythe applicable deducflble shown in the
Declarations, or $250, whichever deductibte is
less-
9, EXTRA EXPENSE . BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTTON
III . PHYSICAL DAMAGE COVERAGE, we wiII
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR,WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTTONlll - PHYSIGAL DAMAGE COVERAGE, the
fotlowing is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTTONIII . PHYSICAL DAMAGE COVERAGE, thE
following is added:
lf another Hartford Financial Services Group,
lnc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same 1'accident", the following applies:
(1) lf the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) lf the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDTTTONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CI3IM,
SUIT OR LOSS - of SECTTON lV - BUSTNESS
AUTO CONDITIONS that you must notify us of
an "accidenf'applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL FAILURE TO DTSCLOSE
H.AZARDS
lf you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO . COVERAGE TERRITORY
Paragraph e. of GENERAL CONDTTTONS 7. -
POLICY PERIOD, COVERAGE TERRITORY .of SECTION lV - BUSTNESS AUTO
CONDITIONS is reptaced by the foltowing:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibllity to pay damages for
"bodily injury" or "property damage,, is
determined in a "suit," the "suif is brought in
the United States of America, the tenitories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlementwe agree lo.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTTON tV -
BUSINESS AUTO CONDITTONS is amended by
adding the following:
O 201 1, The Hartford (lncludes copyrighted material
of ISO Prope(ies, lnc., with its permission.)Form HA 99 16 03 12 Page 4 of 5
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages underthis Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the foilowing;
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
,l7, EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON pOLtCy
CONDITIONS - CANCELLATION - appties
except as follows:
lf we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named lnsured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18, HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
ln the event of a total loss to a "non-hybrid,' auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided underthis Coverage Form, then such physical
Damage Coverages are amended as follows:
a. lf the auto is replaced with a "hybrid', auto or
an aulo powered solely by electricily or natural
gas! we will pay an additional 10%, to a
maximum of 92,500, of the "non-hybrid', aulo,s
actual cash value or replacemenl cost,
whichever is less,
b.The auto must be replacod and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of ,'loss,,'
c. Regardless of lhe number of autos deemed a
total loss, the most we will pay under thisHybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
Forthe purposes ofthe coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an intemal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is deftned as an auto with an
internal combustion engine and one or more
etectric motors; and that uses the internal
combustion engine and one or more electric
motors to move lhe auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHIGLE WRAP COVERAGE
ln the event of a total loss to an "auto,, for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such physical Damago
Coverages are amended to add the following:
ln addition to the actual cash value of the ,,auto,',
we will pay up to $1 ,000 for vinyl vehicle wraps
which are displayed on the covered ,auto', at the
time of lotal loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magneticafly affixed to the vehicle are
nol considered vehicle wraps.
Form HA 99 16 03 12
@ 2011, The Hartford (lncludes copyrighted material
of ISO Properties, lnc., with its permission.)Page 5 of 5
Allianz @
Policy Number:
Effective Date:
cGL 2006324
January 01, 2016
THIS ENDORSMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADVICE OF CANCELLATION TO ENTITIES OTHER THAN AN INSURED
LIMITED TO EMAIL NOTIFICATION
This policy is amended as follows:
lf we initiate cancellation of this poticy for any reason other than non payment of premium, and
A. The effeclive date of cancellation is prior to this policy's expiration date; and
B, The "First Named lnsured" is under an existing contractual obligation to notify an entity to whom a certificate
of insurance has been issued (hereinafter, the Certificate Holder) when this policy is canceled; and
C. The "First Named lnsured" has provided us, either directly or through the "First Named lnsured's" broker of
record the email address of the contact of each such Certificate Holder; and
D. We received this information after the "First Named Insured" receives notice of cancellation of this policy and
prior to the policy's cancellation date in an electronic spreadsheet format that is acceptable to us;
We will provide "Advice of Cancellation" via e-mail to such Certificate Holders.
Proof of emailing the 'Advice of Cancellation", using the information provided by the "First Named lnsured", will
serve as proof that we have fully satisfied our obligations under this endorsement. The "Advice of Cancellation"
shall be emailed to each such Certificate Holder as soon as possible upon receipt of the information from the
'First Named lnsured", however we are under no contractual obligation to email the "Advice of Cancellation" prior
to the policy's cancellation date.
This endorsement does not affecl, in any way, coverage provided under this policy or the cancellation of this
policy of the effective date of such cancellation. Nor shall this endorsement invest any rights to any entity that is
not an insured under the terms of this policy.
The following Definitions apply to this endorsement:
A, 'First Named lnsured" means the Named lnsured shown on the Declarations Page of this policy
B. 'Advice of Cancellation" means an emailthat provides the following information:
1. The Named lnsured as shown on the Declarations Page of this policy;
2. The policy number of the policy being cancelled: and
3. The effective date and time of the cancellation.
All other terms and conditions remain unchanged
AGRL-rL 8002 (11-12!.Page 1 of 1
#
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
PolicyNumber: 10 wN s412oo EndorsementNumber: 5eEffective Date:.o:./ ot/2076 Effective hour is the same as stated on the lnformation eu!" of the policy
Named lnsured and Addresst suREAu vERrTAs r{oLDrNGs, INc.
160]" SAWGRASS CORPORATE PKWAY
SUITE 4OO
FORT ITAUDERDATE, FL 33323
we have the right to recover our payments from anyone liable for an injury covered by this policy. we will notenforce our right against the person or organization named in the schedule.
-
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization from whom you are required by wrltt.en contract. oragreement t.o obtain this waiver of rights from us.
1fnoa,, E llru h-*r**-,
Authorized Representative
Form WC 00 03 '13 Printed in U.S.A.
Process Date:
Countersigned by
Policy Expiration Date:
COMMERCIAL GENERAL LIABILITY
cc 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILIry COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILIry COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person or organization with whom you have agreed in writing in a contract or agreement to waive your right
of recovery.
lnformation required to complete this not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section lV - Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
cG24 04 05 09 @ lnsurance Services Office, |nc.,2008 Pagelofl tr
t
POLICY NUMBER: CGL 2006324
STAFF REPORT AGENDANO: 10a
MEETING DATE: July 5,2016
To:Honorable Mayor and City Gounci!
Date: July 5, 2016
From: Kathleen Kane, City Attorney - (650) 558'7204
Subject: Adoption of a Resolution Authorizing the City Manager to Execute a
Memorandum of Understanding Regarding the Burlingame Point
Development
RECOMMENDATION
Staff recommends that Council adopt the attached resolution authorizing the City Manager to
execute a Memorandum of Understanding (MOU) with the developer of the Burlingame Point
project.
BAGKGROUND
The City and 350 Beach Road, LLC entered into a development agreement for the development
of the property at 300 Airport Boulevard in 2012. The development agreement specified certain
rights and obligations and was tied to the original approvals for the anticipated office complex and
related uses to be built at the site. Subsequently, 350 Beach Road LLC assigned all of its
interests in the property and development approvals to Burlingame Point LLC ("Developer").
Following its acquisition of the site and rights under the development agreement, Developer
determined that it wished to make refinements to the project as originally approved. These
include the use of a different fagade on the main buildings, a minor realignment of Airport
Boulevard as it traverses the site, and moving parking facilities out of what Developer hopes to be
a more active pedestrian core of the project. None of the project refinements rise to a level of
significance that would require reopening the original entitlements. The overall square footage,
building heights and envelopes, and uses for the project remain the same. Developer does
require a design review amendment, and the hearings before the Planning Commission for that
amendment are in process.
DISCUSSION
The original development agreement needed some minor augmentations in light of the changed
circumstances for the project. The attached lt4OU adds to the provisions of the development
agreement, while leaving the original document and approvals intact. ln particular, the MOU
clarifies the obligation of Developer to indemnify and defend the City as it moves fonvard with the
revised project.
1
a/
Burlingame Point MOU July 5, 2016
FISCAL !MPACT
None. The attached MOU provides indemnification and defense for the City in the event of a
claim or litigation.
Exhibits:
o Resolution
o f\tlemorandum of Understanding
2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CIry OF BURLINGAME
AUTHORIZING THE CIry MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING REGARDING THE BURLINGAME POINT DEVELOPMENT
WHEREAS, the City of Burlingame approved a development agreement and
entitlements for an office development at 300 Airport Boulevard in 2012; and
WHEREAS, the original owner of that project assigned its interests in the
development and approvals to Burlingame Point LLC; and
WHEREAS, Burlingame Point LLC has sought approval for minor refinements to the
project as originally approved; and
WHEREAS, the development agreement entered into in 2012 did not anticipate all
of the subsequent events related to the project; and
WHEREAS, it is in the City's interest to enter into a memorandum of understanding
with the new project owner to clarify the obligation to defend and indemnify the City for
actions related to the project's approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
1. The City Council finds the above facts to be true as recited.
2. The City Council authorizes the City Manager to execute a memorandum of
understanding in the form attached to this Resolution with Burlingame Point LLC, as
developer of the project at 300 Airport Boulevard.
l, IVeaghan Hassel-Shearer, City Clerk of the City of Burlingame do hereby certify
that the foregoing Resolution was introduced at a regular meeting of the City Council on
the Sth day of July, 2016, and was adopted thereafter by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
lt/eaghan Hassel-Shearer, City Clerk
Ann Keighran, lt/ayor
Memorandum of Understandine (Bu
This Memorandum of Understanding (this "MOU") is dated as of this day of July _,
2016, by and between the CITY OF BURLINGAME, a municipal corporation organized and
existing under the laws of the State of California ("City") and BURLINGAME POINT LLC , a
California limited liabi lity company ("D eveloper").
RECITALS
A. Developer is the owner of approximately l6 acres of land located in the City of
Burlingame, San Mateo County, Califomia, which is commonly known as 300 Airport
Boulevard and is more particularly described in Exhibit A attached hereto (the "Property").
B. The City and 350 Beach Road, LLC, a Delaware corporation ("Original
Owner"), in its capacity as Developer's predecessor-in-interest, entered into a Development
Agreement for the Project dated June 1 8,2012, and recorded in the Official Records of San
Mateo County, California, on June 28,2012 as Instrument No. 2012-091089 CONF (the
"Development Agreement"). Original Owner subsequently assigned all of its rights and
obligations as'oDeveloper" under the Development Agreement to Developer.
C. The Development Agreement establishes certain rights, duties and obligations
relating to the development of the Burlingame Point Project ("Project"), which was approved by
the City in2012, and for which a vesting tentative map was approved on June 18,2012.
Pursuant to the Project Approvals (as defined in the Development Agreement), the Project
includes four office and/or research and development buildings with ancillary uses totaling
approximately 730,000 square feet, an amenities building with childcare uses, commercial
recreational and retail uses, a parking structure and surface and underground parking to be
located on the Property.
C. Since acquiring the Property and the Project, Developer has sought to make
certain minor changes to the Project as approved. In December 2015, Developer submitted an
application to amend the Commercial Design Review for the Project (the "Commercial Design
Review Amendment"), presenting several refinements to the originally approved site plan,
architectural drawings and landscaping plans (the "Project Refinements"), generally consistent
with the Project Approvals, including but not limited to (i)minor adjustments to the exact siting
of the office buildings, while maintaining the overall site plan (ii) minor changes to the
alignment of the new Airport Boulevard; iii) changes to the exterior architecture of the
structures; (iv) expansion of the footprint of the subsurface garage (while maintaining the
approved parking count) and (v) adjustments of the site plan and landscaping. As part of the
Commercial Design Review Amendment, Developer will also be processing a final parcel map
("Parcel Map") that will be substantially consistent with the approved vesting tentative parcel
map, but will (i) depict a minor adjustment (15 feet or less) to portions of the alignment of
Airport Boulevard through the Project Site, and (ii) combine parcels I and 4, as shown on the
originally approved tentative map, into a single parcel. This Parcel Map will be subject to review
by the City Council at a later date, after the Planning Commission has reviewed the Commercial
Design Review Amendment
D. On January 25,2016, the City's Planning Commission held an initial study
session to review the Project Refinements and provided comments. Subsequently, on February
22,2016, the Planning Commission held another study session in order to review the
Developer's response to the initial comments from the Planning Commission, as well as to
review and comment on more detailed plans submitted by Developer.
E. The City has determined that the proposed Project Refinements addressed by the
Commercial Design Review Amendment are minor, consistent with the scope of the original
entitlements, and not considered "material" amendments to the Project Approvals and do not
therefore require any amendment to the Development Agreement.
F. The City is currently conducting review of the proposed Project Refinements
under the California Environmental Quality Act ("CEQA"). When that review is completed, the
Project will retum to the Planning Commission for action on the proposed Amendment to the
approved Commercial Design Review.
G. Developer desires to initiate construction of Project as soon as possible, and City
has agreed to cooperate with Developer in good faith to timely review and process the Project
Refinements, and the Parcel Map, so as to achieve the public benefits of the Project that are
identified in Development Agreement. The parties also desire to clarify certain responsibilities
and obligations under the Development Agreement to allow the Project to proceed as
expeditiously as possible.
NOW, THEREFORE, incorporating the foregoing recitals, and in consideration of the
foregoing and of other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree and consent as follows:
1. Indemnification. Developer shall indemnify, defend, and hold City, its directors,
officers, employees, attorneys, agents and volunteers ("City Indemnitees") harmless from and
against any and all liability, claims, suits, actions, damages, and causes of action arising out of,
pertaining or relating to the negligence, recklessness, or willful misconduct of Developer its
employees, subcontractors, or agents or on account of the performance or character of the rights
and obligations conferred in this MOU and the Development Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, employees,
attomeys, agents or volunteers. Developer shall fuither indemnify and defend City Indemnitees
against any claim or suit of whatever nature arising out of City's approval, if such is made, of
Developer's application for Commercial Design Review Amendment, including environmental
approval, and any and all approvals, if such are made, of other permits and/or entitlements
related to Developer's Project Refinements. Nothing in this MOU requires City to exercise its
discretion in favor of Developer in any discretionary act or review, including review of the
application for Commercial Design Review Amendment.
2. City's Good Faith in Processing; Cooperation. City shall in good faith accept for
processing, review and take action on the Commercial Design Review Amendment for the
Project, and shall promptly and timely review and process all such applications, including the
timely provision of notice and scheduling of all required public hearings, and processing and
checking of all maps and other plans related to the processing of the Commercial Design Review
Amendment for the Project, in a manner consistent with the City's business practices related to
the timely processing of development project applications and permits.
3. Estoppel. In accordance with Section 14.15 of the Development Agreement, City hereby
certifies to the Developer that, based on information available to the City as of the date of
execution of this agreement: (i) the Development Agreement is in full force and effect and a
binding obligation of the parties thereto; (ii) the Development Agreement and the Project
Approvals have not otherwise been amended or modified; and (iii) to the best knowledge of each
party, the other parties to the Development Agreement are not in default of their respective
obligations under the Development Agreement.
4. Miscellaneous.
4.1. Attorneys' and Other Fees. In the event of any dispute between the City and
Developer or institution of any action or proceeding between City and Developer to interpret or
enforce the provisions of this MOU, or arising out of the subject matter of this MOU, the
prevailing party shall be entitled to recover its reasonable expenses, attomeys' fees and costs,
including professional or expert consultation or testimony fees, both at trial and on any appeal
and in any administrative proceeding.
4.2. Authority. Each of the parties hereto represents and warrants to the others that
the person or persons executing this MOU on behalf of such party is or are authorized to execute
and deliver this MOU and that this MOU shall be binding upon such party.
4.3. Further Assurances. Developer and the City each agree to do such further acts
and things and to execute and deliver such additional agreements and instruments as the other
may reasonably request to consummate, evidence, confirm or more fully implement the
agreements of the parties in this MOU.
4.4. Severability. Invalidation of any of the provisions in this MOU by judgment or
court order shall not affect any of the other provisions in this MOU, which provisions shall
remain in full force and effect unless enforcement of this MOU would be unreasonable or
grossly inequitable under the circumstances or frustrate the purpose of this MOU.
4.5. Execution in Counterparts. This MOU may be executed in several counterparts,
and all so executed shall constitute one agreement between the parties hereto, notwithstanding
that all parties are not signatories to the original or the same counterpart.
(Signatures follow on next page.)
IN WITNESS WHEREOF, the parties have executed this MOU to be effective
as of the date set forth above.
"Developer"
BURLINGAME POINT, LLC a Califomia
limited liability company
By
[Name]
IRole]
o'City"
CITY OF BURLINGAME, a municipal
corporation of the State of Califomia
By:
City Manager of The City of Burlingame
Attest:
City Clerk, City of Burlingame
Approved as to Form:
By:
City Attorney
a
STAFF REPORT
To:Honorable Mayor and City Gouncil
Date: July 5, 2016
From: Kathleen Kane, City Attorney - (650) 558-7204
Subject:Direction on Removal of
CommercialAreas
AGENDANO: 10b
MEETING DATE: July 5,2016
Garbage Containers After Collection in
RECOMMENDATION
Staff recommends that Council provide direction on what, if any, changes it wants to have
brought fonvard on current regulations regarding the removal of garbage containers in
commercial areas.
BAGKGROUND
Burlingame Municipal Code Section 8.16.040(k) provides that "Any containers placed for
collection along a street, roadway or alley shall be set out only on the day established for the
collection on the particular route or after 5:30 p.m. on the day immediately prior to such collection,
and shall not remain thereon for more than eighteen (18) hours after it has been emptied." This
regulation applies equally to commercial and residential customers.
D!SCUSSION
Council should determine what, if any, changes it wants to make to the Municipal Code's current
regulation regarding removal of garbage containers after collection. ln order to make sure that
any new regulation can be reasonably enforced, Council should pay special attention to the
question of where additional restrictions apply. Referencing existing planning or zoning
regulations or clearly defining the affected streets makes the boundaries of the tightened
restrictions easier to identify. Currently, the Zoning Code defines the Burlingame Avenue
Commercial Area and Broadway Commercial Area. The Council could refer to these areas or
define a different scope for application of any new regulations.
Council should also consider the clarity of any new regulations it requests. lf a short time for
removal is allowed, it is more difficult to enforce the restrictions if they are based on time of
1
The Mayor and others have noted that certain garbage containers in the Broadway and
Burlingame Avenue areas appear to be left streetside for long periods of time after collection,
creating an unpleasant atmosphere for shoppers and diners. The Mayor therefore asked that this
item be brought to Council for consideration of tightening the time during which containers must
be removed following collection.
Garbage Container Removal in Commercial Areas July 5,2016
collection rather than an identified hour of the day. Given that collection does not occur at
precisely the same time each day, a window such as "two hours after collection" could be hard to
identify with precision. lf the restriction said, instead, "all garbage containers to be removed by
four p.m., provided collection has occurred" (or whatever time might be selected by Council), then
both the affected businesses and the City would have a clear guideline to work from.
Staff will take Council's direction on this matter, coordinate with Recology where necessary, and
return with a proposed ordinance amendment if one is requested.
FISCAL IMPACT
None. There are potential marginal increased costs associated with education and code
enforcement if a tightened regulation is enacted.
2
STAFF REPORT AGENDANO: 10c
MEETING DATE: July 5, 2016
To:Honorable Mayor and City Council
Date: July 5, 2016
From: Kathleen Kane, Gity Attorney - (650) 558-7204
Subject: Direction on Possible Adjustments to Construction Hours
RECOMMENDATION
Staff recommends that Council provide direction on what, if any, changes it wants to have
brought fonvard on current regulations regarding allowed hours for construction work.
BACKGROUND
Burlingame Municipal Code Section 18.07.110 currently provides as follows: "No person shall
erect (including excavation and grading), demolish, alter or repair any building or structure other
than between the hours of seven a.m. and seven p.m. on weekdays, nine a.m. and six p.m. on
Saturdays, and ten a.m. and six p.m. on Sundays and holidays, except in the case of urgent
necessity in the interest of public health and safety, and then only with written approval from the
building official, which approval shall be granted for a period not to exceed three (3) days for
projects including structures with a gross floor area of less than 40,000 square feet; and when
reasonable to accomplish the erection, demolition, alteration or repair, not to exceed twenty (20)
days for projects including structures with a gross floor area of 40,000 square feet or greater. For
the purpose of this section, holidays are the days set forth in Section 13.04.100 of this code."
The Mayor requested that this item be brought fonrvard to determine whether Council wishes to
adjust these hours.
DISCUSSION
Council should determine what, if any, changes it wants to make to the tt/unicipal Code's current
regulation regarding construction hours. ln order to facilitate Council's evaluation, staff looked at
construction hours in nearby cities. The results are summarized in the table below.
1
Con structi on Ho u rs Reg ul ations July 5, 2016
City Weekday
Hours
Saturday Sunday Holidays
Belmont 8:00 am to 5:00
pm
10:00 am to 5:00
pm
Not permitted Not permitted
Burlingame 7:00 am to 7:00
pm
9:00 am to 6:00
pm
10:00 am to 6:00
pm
Ir/illbrae 7:30 am to 7:00
pm
7:30 am to 7:00
pm
8:00 am to 6:00
pm
Not addressed
San Carlos 8:00 am to 6:00
pm
9:00 am to 5:00
pm
9:00 am to 5:00
pm
Prohibited
San Mateo 7:00 am to 7:00
pm
9:00 am to 5:00
pm
12:00 pm to 4:00
pm
12:00 pm to 4:00
pm
South San
Francisco
8:00 am to 8:00
pm
9:00 am to 8:00
pm
10:00 am to 6:00
pm
10:00 am to 6:00
pm
San Bruno regulates noise levels from construction equipment in or near residential areas.
Between 7:00 am and 10:00 pm, Monday through Saturday, equipment noise can't exceed 85
decibels at 100 feet, and from 10:00 pm to 7:00 am,60 decibels at 100 feet (unless a special
permit has been granted). The same regulations apply on Sundays, except that the higher level
noise is permitted starting at 10:00 am rather than 7:00 am.
ln preparation for this item, various City departments were consulted. Public Works asked that
the regulation be clarified to exempt City construction on infrastructure projects, many of which
have to be worked on overnight or completed as quickly as possible in order to lessen impacts on
the public. Community Development expressed the concern that most work done by individual
homeowners or tenants is done outside of standard work hours, and therefore do-it-yourself
projects and home repairs might be stifled by removing evening and weekend hours. ln Code
Enforcement and the Police Department, the primary concern is having objective standards that
can be applied in a clear manner, so that both our residents and those enforcing the rules can
know what behavior is permissible and what is not. lf the Council determines it wishes to make
changes to the regulations, staff would also recommend amending the section title for the
construction hours provision. lt currently reads "18.07.110 Section 305.1 amended - General."
That language refers to the uniform building code and needs to stay, but is not at all descriptive
and someone looking for the construction hours provision would have a difficult time knowing
where to find it.
Council should review our current regulations and determine whether they continue to work for
the City.
FISCAL IMPACT
None. There are potential marginal increased costs associated with education and code
enforcement if a tightened regulation is enacted.
2
10:00 am to 6:00
pm
STAFF REPORT AGENDA NO: 10d
MEETING DATE: July 5, 2016
To:Honorable Mayor and City Council
Date: July 5, 2016
From Kathleen Kane, City Attorney - (650) 558-7204
Mazarin Vakharia, Asst. City Attorney
Subject: lnformationa! Report: Enforceability of Restrictions on Living in Vehicles
RECOMMENDATION
Staff recommends that the Council accept this staff report for informational purposes to explain
why the Burlingame Police Department has ceased enforcement of the code section that bans
sleeping in vehicles.
BACKGROUND
Current Burlingame tr/unicipal Code Section 13.32.190 makes it illegal for people to sleep or live
in a vehicle:
"13.32.190 Living in vehicles prohibited.
No person shall use any trailer, semitrailer, camper, camp trailer, house car, trailer coach, mobile
home or any other vehicle for the purpose of sleeping or living quarters whether on public or
private property." (Ord. 1259 S 2, (1983))
Because the Ninth Circuit held unconstitutional a similar Los Angeles ordinance in Desertrain v.
City of Los Angeles,754 F.3d 1147 (gth Cir.2014), the City has determined that it could incur
legal risks in continuing to cite for violations of Section 1 3.32.190.
DISCUSSION
ln Desertrarn, the Ninth Circuit struck down Los Angeles Municipal Code Section 85.02, which
prohibited people from living in their vehicles:
"No person shall use a vehicle parked or standing upon any City street, or upon any parking lot
owned by the City of Los Angeles and under the control of the City of Los Angeles or under
control of the Los Angeles County Department of Beaches and Harbors, as living qua(ers either
overnight, day-by-day, or otherwise."
The court found Section 85.02 unconstitutionally vague because it: (1) failed to provide adequate
notice of the criminalized conduct; and (2) promoted arbitrary enforcement that targeted
homeless and poor people.
1
Enforceability of Restrictions on Living in Vehicles July 5, 2016
The Court found that Los Angeles' ordinance failed to provide adequate notice of criminalized
conduct in part because it did not define "living quarters". To be cited under the Los Angeles
statute, a person need not have actually slept in a vehicle overnight. Rather, plaintiffs in the
Desertrain case were cited for having personal belongings, talking on their cell phones, and
taking shelter from the rain in their vehicles. ln the absence of Section 85.02, these activities
would have been othenruise legal. lt was unclear what behavior constituted using a vehicle as
"living quarters" under Section 85.02.
Second, the Court found the ordinance vague because neither its language nor the City's
enforcement policies provided any standard for the exercise of discretion, thus resulting in
arbitrary and discriminatory enforcement practices. The court reasoned that "[]or many homeless
persons, their automobile may be their last major possession..." ld. al 1157. The Los Angeles
ordinance was unconstitutional because it selectively prevented homeless and poor people from
"using their vehicles for activities many other citizens also conduct in their cars..." ld. at 1158.
Desertrain indicates that Burlingame Municipal Code Section 13.32.190 could also be found
unconstitutional if challenged in court. Like the Los Angeles law, Burlingame's ordinance contains
the term "living quarters" but does not define it. Our code section could also be challenged on
vagueness grounds because it does not define "sleeping" or provide a duration for that activity,
leaving open the question of whether sleeping during the day is prohibited or just sleeping
overnight. Any enforcement that targets persons clearly living full time in their vehicles would fail
the selective enforcement criterion set forth in Desertrain.
Staff is monitoring developments in this area of the law and will bring any possible refinements or
amendments to Section 13.32.190 to Council if they would appear to address the issues identified
in Desertrain orif that case is subsequently overruled or clarified in the courts. ln the meantime,
we are unable to cite for violations of Section 13.32.190. This development has meant that for
some code enforcement complaints or calls to the Police Department, we are unable to provide
the reporting parties the outcome they wish. City staff continues to use all mechanisms available
to ensure that our streets remain safe for all our residents and visitors, including referrals to
services and enforcement of generally applicable parking restrictions, but we are unable to cite
specifically for sleeping in vehicles at this time.
FISCAL IMPACT
None.
2
CLK-Meaghan Hassel-Shearer
From:
Sent:
To:
ATTY-Kathleen Kane
Tuesday, July 05, 2016 4:48 PM
CLK-Meaghan Hassel-Shearer
FW: Broadway Garbage CansSubject:
Could we put this on the dais for the council?
Thanks !
From : Joh n Kevranian fmailto :i kevran@aol'com]
Sent: Tuesday, July 05, 2016 4:00 PM
To: ATTY-Kathleen Kane
Subject: Broadway Garbage Cans
Hi Kathleen,
I noticed on the city council agenda for tonight, you will be discussing Garbage cans for the commercial areas. I
just went out (3:30 p.M.) andiook pictures of the Il Piccolo alley way and Paloma avenue where the shabu
House is.
The alley way on an average day has close to 30+ cans. The Shabu House stores their cans on the Il Piccolo
Alley *uy *t i.t is city oined.-On Garbage pick up days, they move them to Paloma avenue. At 3:30 p.m. they
are still on the sidewalk.
Only 5 businesses use the alley way everyday for garbage storage. My business, Pot-Purri, Bella Bottega and
the 1 residential units above our store place their cans on private property(behind building).
I believe all cans on the alley way should be placed on private property and keep the city alley ways clean and
open for emergency ,.urorr. when alley way gates are open, it looks disgusting. If businesses have no space to
siore the.u.rr,1h.y should have more pick ups per week and less cans would be needed. I believe all the
businesses have the space and there is no reaion to leave cans in public way. Used vegetable oil barrels should
also not be allowed on public alley way.
Best Regards,
John Kevranian
6s0-676-7301
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Call to Order
President Nagler called the meeting to order at 5:30pM
Roll Call
Trustees Present:
Library Board of Trustee Minutes
May 24,20L6
Debra Donaldson, Randi Murray, Mike Nagler,
Lisa Rosenthal [by phone)
KerbeyAltmann
Brad McCulley, City Librarian, Sidney poland, Recorder
Andy Blanco - Burlingame Res'idenq
Leonard Heyman - Burlingame Resident
Elisabeth Ostrow - Hillsborough R€sident
II.
Trustee Absent:
Staff Present:
Guests:
IV.
V
Library Board of Trustee Minutes
The April 79,20L6 Board of Trustee Minutes were unanimotsly approved.
M/S/C [Murray/Nagler)
Corresnondence and Information
Statistics
Circulation statistics at the main increasedE.TSo/ofrom 46,858 in April 2015 to S0,gZJ
in April of 201'6. Easton circulation for April 2016 shows an increase of 7,ZZo/ofrom 7,515
in April of 2015 to 7 ,607 in April of 201,6. In summary, Circulation at main remains steady,
Easton circulation is slowly increasing and all study room use is consistently improving.
Reports
A, City l,ibrarian's Report - Highltghts' L. Personnel - Rachel Lipkin recently joined our Library staff and will be working as aLibrary Assistant at Easton. Recruitment for a full time librarian will begin shoi.tly.2. Passport Intake Employee - This position has been posted on caloppslo The state Department requires all applicants to take an online test.
o The selected candidate will be emproyed by the city of Burlingame.r The passport office will be located in study Room A at the Libiary.e The Library will provide this service 3 days a week for 3 hours each day.o Cost of this service is $25.00 per passport.
o A library staff person from each department will provide back up in the event thepassport employee is not present. The staff person will receive idditional pay asthe passport backup.
3. Fines for Children and Teens
Beginning f uly 1, 2016 fines for children and teens will be permanently
discontinued at the Burlingame Library. Loss of these fines will be apiroximately
$20,000 per fiscal year. The Library will receive payment fo. prrrpoit'f."r-which
should defray a portion of tlre monetary Ioss resulting from discontinuing childrenand teen fines.
FUBLIC LIBRARY
48o Primrose Road Burlingane Calforna 94oto- 4og3
phone (6so) 558-7 47 4 Fax (6so) 342-62e5 www.burlinqame,orq/librant
BURLiNOAMI
llr.
4, 20L6-2O17 Fiscal Buflget
The Library's budget was approved by council. The request to prorrrote Maryam
Refahi to full time beginningfuly L,2016 was approved.5. LibraryStolenproperty
The Burlingame police were able to apprehend the thieves who stole the Wi;Fi hotspot from the Information Desk, Unfortunately, the police were not able to i't.rt"the Wi-Fi hot spot.
Book and Author Luncheon
The Book and Author Luncheon was a great success. Approximately $61,000 Was raised.
Unfinished Business
A. Strategic PIanr Brad will meet with Jane Light on Iune 1't to review her contract and set up herschedule for the duration ofthe project.o Four of the staff members who attended the Harwood Institute workshop will join
, the meeting.' ' The Strategic Plan Committee will be composed of all library department managers,
2 Trustees, 2 Foundation members and 2 tommunity members. Trustee Murraysuggested that 3 Trustees and 3 Foundation members should be on the committee.
' The City Community Development Dept. is gathering data about Burlingame thatcanbeusefulfordeveIopmentoftheStrategicPIan.o Posters will be used as a tool to provide information on the project to the public.o The internal marketing committee will be discussing ways and means of whatmethods they can use'to involve the community. Truste. Mr.ray requested that theTrustees be provided with a schedure of the iniernal marketing m";i;;;.B, Librarian Scholarship
1. Foundation participation
The Foundation has received approval from Bryan Blythe, their tax accountan! to
. disburse funds toJibrary employees who are workinj towards their MLS degree. TheFoundation Board members felt that the purpose of t-he scholarship ,gr"ud *ith thui.mission statement'_ln order to implembnt this procedure, the rounda-tion is required tofill out a specific IRS form, Trustees would have to be responsible for the IRS fee in theamount of $1,000. Terms of the schorarship were discussed:' ' Brad noted that the cost of one class towards an MLS degree is approximately
$7,400.o Trustees agreed that $500,00 per class for each person was an equitable
amount.
Employees are expected to finance a portion of their tuition.o The Library is purchasing the text books.
' Applicants should be requested to write a brief explanation of why they arerequesting funding from the Trustees.o If approved applicants would receive their funds at the end of the semester.o Proof that applicant passed the class would have to be provided to the Trustees.I It was noted that a scholarship is traditionally given atihe beginning of thesemester, not at the end. Therefore, the Trustees decided to changeihe word"Scholarship,, to,,Reimbursement,,.
VI
2
C.
D
2. Trustee Motion
The Trustees passed a motion to institute a reimbursement from Trustee funds that
would provide additional funding,to those library employees who are currently enrolled
or who have been accepted in an MLS program in the amount of $ 500,00 per individual
per class with the stipulatiorithat the plan be reviewed in a year. MIS/C
(Murray/Rosenthal)
3. Continued Reimbursement Discussion
Trustee Murray noted that she would like to have a better understanding of the IRS form
and also'suggested that some due diligence was necessary. Brad will contact Meeks
Vaughan regarding this matter. It was also noted that the Trustee reimbursqment will be
available to both full time and part time staff that qualify.
Repair Caf6
The first Repair Caf6 will be held July l6ti, from 1L:O0AM-to 3:00PM in the Lane Room. Four
volunteers from the Citizens Environmental Council have offered to coordinate the traffic.
Trustee Nagler offered to walk the avenue to hand out the posters Maryarrt will design.
Caf6 Update
Ghada requested that the Caf6 be closed on Saturday due to lack of business. The Trustees
felt that she had agreed to the terms of the contract and should keep her commitment. It
was suggested that perhaps she'could close early. Spencer Thompson, our volunteer
marketing person, is working on a blog to help her attract more business. For the present
the Caf6 will remain open on Saturday. Brad will monitor the situation.
Diverse Programming
The Trustees continued to discuss how to bring about more diverse programming. Trustee
Nagler brought a flyer from San Mateo Library advertising their Asian Pacific American
Heritage Month as an example of diverse programming. Trustee Nagler inquired as to who
determines the programs at our librarythat are made available to the community,o Each department selects its own programs.
o For example, Brenda is an art major so her focus is the docent lectures from the De
Young Museum apd I,egion of Honor that are art related.
o The Children's Dept, offers Mandarin story time once a month; sign language is held
the 3ra Friday of every month.
- . The Reference Dept, will be offering an English Learners Conversation Group
beginning every Tuesday June 6tr through lune 27tt from 1:30-3:00PM.n The new Strategic Plan will help us to recognize multi-cultural areas where program
development is needed.
Library Ornaments
Trustee Donaldson inquired as to the possibility of selling the library ornament. The
ornament is a replica of the Burlingame Library and has been sold through the years during
the holiday season. Some volunteers in the book sale group have asked if the Foundation
could sell them. The Trustees agreed that the ornaments could be sqld at Foundation
events trt a price that has not yet been determined.
E.
F
3
VII.Adiournment
The meeting was adjourned at 7:00PM. MSC (Donaldson/Murray) The next meeting of the
Library Board of Trustees will be held June 21,2076 in the Library Conference Room at
5:30PM.
Submitted,
Brad McCulley
City Librarian
4
GOOD EVENING Madam Mayor, and
Councilmembers, thank you for the opportunity
to speak here again. Just as before, hy hair isn't
covered for religious purposes, rather, I don't
want to be identified by my landlord, and face
eviction or further retaliation.
I speak only for myself - not on behalf of any
group. I have a doctorate degree and live in
Burlingame.
I wanted to again extend myself to the Council as
a resource for ideas on the housing issues facing
our City.
As a fifth generation native to the Bay Aret, hy
family and I have watched housing waves affect
the Bay Area, and different cities respond
proactively.
L. Tonight I wanted to respectfully ask the
Council to reschedule the meeting for August lst,
especially since the meeting for July 18th is
cancelled. The public needs a forum to be heard.
Particularly the 52o/o of constituents who are
renters and do not have any protections,
including protections against unjust evictions.
2. The Council's first goal is to: ooEnsure that
that Burlingame is an attractive safe and resilient
community that honors its history and
community character."
Of course, the tragic passing of Ms. Hatch, an
elegant and vibrant lady, who at the age of 97,
was evicted, despite assurances she had a life
estate. Her death occurred within two weeks of
her eviction, and is in conflict with the Council's
first goal. What does Ms. Hatch's death say
about Burlingame? That we choose to kick out
our elderly, our most vulnerable, and expedite
their deaths?
My former neighbor) a person of color, who lived
in his/her apartment for more than ten years and
had to move to someplace more affordable - this
move would also be in conflict with the Council's
first stated goal.
What does my former neighbor's move say about
Burlingame? That we don't want people of color
living here?
In this same complex, a resident identified
himself/herself as a person with a physical
disability and soon after received a 9o/o rent
rncrease.
These three incidents illustrate that elderly
individuals, people of color, and people with
disabilities are being especially affected by the
lack of protections for renters.
This is inconsistent with character by anvone's
standards.
How will Burlingame honor its history and instill
an appreciation for it, when more than half of the
people who live here are on rotation because they
cannot afford to stay?
From a public safety perspective, how will
Burlingame constituents stay safe if people do not
know their neighbors? This is a very grave safety
BURLINGAME IS A GEM!
And, as the Council has resolved, its character,
history, and constituents should be protected.
Thank you for your service and dedication to our
Cify and thank you for your time this evening.
*Any Councilmember is welcome to contact me; Councilmember
Beach has my contact information.
rssue.