Foster City City Council
January 18, 2022

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID - 19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEE S. MEMBERS OF THE

PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO BY JOINING THE

ZOOM MEETING
HTTPS://FOSTERCITY-ORG.ZOOM.US/J/84618723800. PUBLIC COMMENTS WILL BE ACCEPTED VI A ZOOM MEETING. ANY EMAILS SENT TO
[email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

Consistent with Government Code Section 54953, this City/District Meeting will b e held via teleconference. City Councilmembers/District Board and staff will attend in person or via teleconference.

To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home Below is information on how the public may observe and participate in the meeting.

To Observe the Meeting via Teleconference/Video Conference:
• To access the meeting by computer / smartphone, go to: https://fostercity-org.zoom.us/j/84618723800

• To dial-in via phone:
1-669-900-6833 or
1-408-638-0968
And enter Webinar ID: 846 1872 3800

To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
• During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dial -in attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written
record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda
• Include the submitter’s full name (Recommended but not required)

Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.

1 AGENDA

Tuesday, January 18, 2022 6:30 PM

REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Councilmembers/ex officio EMID Directors, Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi

4. SPECIAL PRESENTATIONS

4.1. Presentation from HIP Housing on Annual Calendar Project for 2022

4.2. Presentation from San Mateo County Libraries on Fiscal Year 2020-2021 Annual Report

4.3. A Proclamation Recognizing January 2022 as Human Trafficking Prevention Month

5. PUBLIC

Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff.

FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people

2 6. CITY/EMID CONSENT CALENDAR

All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

6.1. City/EMID Minutes

6.1.1. City/EMID Regular Meeting of December 6, 2021

6.1.2. City/EMID Special Meeting of December 13, 2021

6.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-1 and EMID Resolution Number to be used tonight is 3627)

6.2.1. A Resolution of the City Council of the City of Foster City Authorizing the Sea Cloud Snack Shack Agreement with Piccadilly Catering & Event Solutions at Sea Cloud Park from March 1, 2022 through December 31, 2024 with Optional Extensions Through December 31, 2026
a) Staff Report
b) Adopt Resolution

6.2.2. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request of Proposals for Video Technician Services
a) Staff Report
b) Adopt Resolution

6.2.3. A Resolution of the City Council of the City of Foster City Approving the Parks and Recreation Department 2022 Fundraising Plan a) Staff Report
b) Adopt Resolution

6.2.4. a) A Resolution of the City Council of the City of Foster City Amending the Donation Policy and Sponsorship Policy; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Donation Policy and
Sponsorship Policy
c) Staff Report
d) Adopt Resolutions
3 6.2.5. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by Teleconference
c) Staff Report
d) Adopt Resolutions

6.2.6. a) A Resolution of the City Council of the City of Foster City Upgrading the Office Assistant II Position to Administrative Assistant II Position and Eliminating the Part-time Accounting Specialist Position in the Financial Services Department; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Upgrading the Office Assistant II Position to Administrative Assistant II Position and Eliminating the Part-time Accounting Specialist Position in the Financial Services Department c) Staff Report
d) Adopt Resolutions

7. REPORTS

7.1. Parks and Recreation Committee 2021 Year End Report, Review of Mission Statement, and Goals for 2022
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

7.2. Audit Committee 2021 Year End Report, Review of Mission Statement, and Goals for 2022
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

7.3. Update on Strategic Communications Initiatives and Goals for 2022 a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

7.4. Levee Improvements Project (CIP 327-657) - Monthly General Update
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

4 7.5. Geese Population Mitigation Plan Update (Progress on Outreach and Permits)
a) Staff Report
b) By Minute Order, Receive and Accept Report

8. RESOLUTIONS FOR ADOPTION

8.1. Consideration of Audited Fiscal Year 2020-2021 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 2020-2021 Warrant Registers in the Form of that ACFR
a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Ratifying and Approving the Audited Fiscal Year 2020-2021 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 2020-2021 Warrant Registers in the Form of that ACFR
c) Action - A Resolution of the Board of Directors of the Estero Municipal Improvement District Ratifying and Approving the Audited Fiscal Year 2020-2021 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 2020-2021 Warrant Registers in the Form of that ACFR

9. COMMUNICATIONS

9.1. City/District Warrant of Demands were Processed and Issued on December 28, 2021 and ACH December 28, 2021
a) Information Item Only
b) No Action Required

10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

11. CLOSED SESSION

11.1. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) One Case: Aloma Pericolosi v. City of Foster City (and related cross actions), San Mateo County Superior Court Case No. 20-CIV-05017

11.2. Report Out on Closed Session

5 12. ADJOURNMENT

The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286-3250 at least 48 hours in advance of the meeting.

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs)

City Council meetings on https://www.fostercity.org/community/page/fctv-live-stream :

STREAMED LIVE every 1st and 3rd Monday of the month

City Council meetings on-demand:
https://www.fostercity.org/agendasandminutes

6 Proclamation
of the
City of Foster City, California

Recognizing January 2022 as Human Trafficking Prevention Month

WHEREAS, the United States Senate designated January 11 as National Human Trafficking Awareness Day in 2007 and, beginning in 2010 by Presidential Proclamation, each January has been designated National Slavery and Human Trafficking Prevention Month; and

WHEREAS, human trafficking is a human rights violation, and a violation of both federal and California law, it also promotes the breakdown of families and communities, fuels organized crime, deprives countries of human capital, undermines public health, and imposes large economic costs ; and

WHEREAS, the crime of human trafficking is present in every country and every U.S. state; and

WHEREAS, the FBI has identified California and the San Francisco Bay Area as an area of high prevalence for human trafficking. Although human trafficking is illegal, victims often do not recognize their victimization, do not know that help is available, or where to seek assistance; and

WHEREAS, forced labor, involuntary domestic servitude, and commercial sexual exploitation of adults and youth have been found to exist within local communities; and

WHEREAS, public awareness about human trafficking still needs to reach broader communities and communicate more information about the nuances of this crime; and

WHEREAS, the County of San Mateo has dedicated resources including the San Mateo County Human Trafficking Program and has supported the efforts of the San Mateo County Police Chiefs and Sheriff Association and has partnered with other governmental and non- governmental organizations to identify and address human trafficking within San Mateo County.

NOW, THEREFORE, I, RICHA AWASTHI, MAYOR OF THE CITY OF FOSTER CITY, ON BEHALF OF THE CITY COUNCIL, do hereby recognize January 2022 as Human Trafficking Prevention Month and encourage Foster City to support the County of San Mateo’s efforts in the fight against human trafficking.

IN WITNESS WHEREOF, I have hereunto set my hand
and have caused the official seal of the City of Foster City to be affixed 18th day of January , two thousand
and twenty-two, A.D.

__________________________________________

MAYOR RICHA AWASTHI

7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF DECEMBER 6, 2021

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of December 6, 2021 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Sanjay Gehani.

Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a hybrid meeting with the option to attend by teleconference and/or video conference or in person.

ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:

PRESENT: Councilmembers/ex officio Directors Richa Awasthi, Jon Froomin, Sam Hindi, Patrick Sullivan, and Mayor/President Sanjay Gehani.

ABSENT: None.

STAFF PRESENT: Kevin Miller, Interim City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Edmund Suen, Finance Director; Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Fiti Rusli, Assistant Finance Director; Kay Khin, Accountant; Julie Paping, Interim Principal Management Analyst; Daniella Flores, Social Media and
Communications Assistant; Lauri Rith, Office Assistant, Austin Walsh, Communications Manager; Yelena Cappello, Deputy City Clerk, Priscilla Schaus, Communications Director/City Clerk/District Secretary/ Recording Secretary and Shuli Chen, Video Technician.

PUBLIC
Joel Nagler addressed the City Council via email regarding 23 Dory Lane. 8 Brian Perkins, District Director, Congressional District 14, Congresswoman Jackie Speier, addressed the City Council in person and thanked outgoing Mayor Gehani for his service.

NEW BUSINESS

STATEMENT BY OUTGOING MAYOR/PRESIDENT
Charles Stone, Mayor, City of Belmont, addressed the City Council in person.

The following people addressed the City Council via teleconference:

1. Nicole Fernandez, District Director, Senate District 13, Senator Josh Becker; and

2. Rico Medina, Mayor, City of San Bruno.

Mayor/President Gehani thanked residents, committee members, and businesses in Foster City for their resilience during unprecedented times and his family for their support.

He recognized the City Council and staff for their work, leadership, and commitment and gave a statement reflecting upon this year’s accomplishments.

REORGANIZATION OF THE CITY COUNCIL/EMID BOARD OF DIRECTORS

NOMINATIONS AND ELECTION OF MAYOR/PRESIDENT
Mayor/President Gehani opened the floor for nominations for the office of Mayor/President.

Mayor/President Gehani nominated Richa Awasthi. Hearing no further nominations, the Chair closed nominations.

Motion by Mayor/President Gehani calling for a unanimous vote for the election of Richa Awasthi to the office of Mayor/President, seconded by Councilmember/Director Froomin.

Motion carried unanimously, 5-0-0.

Mayor/President Gehani exchanged seats with incoming Mayor/President Awasthi.

NOMINATIONS AND ELECTION OF VICE MAYOR/VICE PRESIDENT
Mayor/President Awasthi opened the floor for nominations for the office of Vice Mayor/Vice President.

Mayor/President Awasthi nominated Jon Froomin.

Hearing no further nominations, the Chair closed nominations, and called for a vote for the election of Jon Froomin to the office of Vice Mayor/Vice President. Motion carried, 4- 0-1, Councilmember/Director Hindi abstained.
9 Vice Mayor/Vice President Froomin exchanged seats with Councilmember/Director Gehani and was seated to the right of Mayor/President Awasthi.

The remainder of the Councilmembers/Directors were seated in alphabetical order by last name from left to right: Councilmember/Director Gehani, Vice Mayor/Vice President Froomin, Mayor/President Awasthi, Councilmember/Director Hindi, and Councilmember/Director Sullivan.

OATHS OF OFFICE TO MAYOR AND VICE MAYOR
Mayor Awasthi’s husband Amitabh Awasthi and children Shyla Awasthi and Anish Awasthi gave the Oath of Office to Mayor Awasthi.

City Clerk Schaus gave the Oath of Office to Vice Mayor Froomin.

PRESENTATION TO OUTGOING MAYOR SANJAY GEHANI
On behalf of the City Council, Mayor Awasthi presented a plaque to outgoing Mayor Sanjay Gehani for his service as Mayor for the past year. Interim City Manager Miller and Interim Deputy City Manager Phan presented a bouquet of flowers to his wife, Sweetu Gehani, mother Geeta Gehani, and sister Anjana Gehani.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
City/ District Manager Miller congratulated the City Council on an extraordinary year and discussed moving forward to the new year with clarity, knowledge, and dedication. He thanked outgoing Mayor Gehani for productive City Council meetings and stated that he looks forward to the coming year and working with City Council, staff, and the community.

Councilmember/Director Hindi congratulated Mayor Awasthi and Vice Mayor Froomin on their respective appointments to office, thanked outgoing Mayor Gehani for his leadership, and stated that he looks forward to Mayor Awasthi’s leadership.

Councilmember/Director Sullivan congratulated outgoing Mayor Gehani for his outstanding performance working through critical issues, and congratulated Mayor Awasthi and Vice Mayor Froomin on their new roles. He thanked Interim City Manager Miller for stepping in during a challenging time and thanked the City Council for working towards leadership not politics.

Councilmember/Director Gehani stated that he looks forward to Mayor Awasthi’s leadership.

Vice Mayor/Vice President Froomin expressed his appreciation to the City Council for continuing the tradition of the Mayoral rotation and thanked outgoing Mayor Gehani for 10 his assistance. He congratulated Mayor Awasthi on her role, thanked all Councilmembers, and staff for their excellent work during a challenging time.

Mayor/President Awasthi thanked the community, her colleagues on the City Council, and her family for their support. She reflected on the past and present and discussed defining the City’s future. She acknowledged the challenges of the past year and stated she is proud of the decisions and work of the City Council, staff, and the community, and looks forward to creative solutions to the priorities of the coming year, including building staff morale, increasing community engagement, economic development, public-private partnerships, regional representation, infrastructure, and the reserve policy. She stated she is honored to serve as Mayor this year, is committed to providing thoughtful, decisive, and results-oriented leadership, and looks forward to working together with the City Council and staff to serve the community.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 7:17 p.m.
11 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF DECEMBER 13, 2021

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of December 13, 2021 was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.

Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a hybrid meeting with the option to attend by teleconference and/or video conference or in person.

ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:

PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi.

ABSENT: None.

STAFF PRESENT: Kevin Miller, Interim City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Edmund Suen, Finance Director; Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Louis Sun, Public Works Director; Marty Cooper, Chief Building Official; Rob Lasky, IT Manager; Yelena Cappello, Deputy City Clerk; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PRESENTATION OF CERTIFICATES OF RECOGNITION TO KIRA H., TAIKI I. AND RYDER H., WINNERS OF THE RETHINKWASTE POSTER CONTEST.

Mayor Awasthi presented the Certificates of Recognition to Kira H. and Ryder H., winners of the RethinkWaste poster contest. Taiki I. was not present to accept the certificate.

CONSENT CALENDAR
12 Motion by Councilmember/Director Gehani, seconded by Councilmember/Director Sullivan, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. Minutes of City/EMID Regular Meeting of November 15, 2021;

2. City Resolution No. 2021-174, “A Resolution of the City Council of the City of Foster City Authorizing Amendment No. 1 with Regional Government Services Authority (RGS) for Management Consulting Services, to Extend the Services for a One Year Term From January 1, 2022 Through December 31, 2022 for the Levee Protection Planning and Improvements Project (CIP 327-657);”

3. City Resolution No. 2021-175, “A Resolution of the City Council of the City of Foster City “Opting In” to the Settlement of the National Opioid Litigation (In Re:

National Prescription Opiate Litigation (U.S.D.C. Case No. 1:17-CV-2804)) and Authorizing the City Manager to Take All Necessary Actions to Join in the Settlement and Execute Settlement Agreements Relating to the Litigation, Agreeing to the Terms of the State-Subdivision Agreements and Authorizing Execution of the State Subdivision Agreements and Direct Payment of the Abatement Funds to Foster City;”

4. City Resolution No. 2021-176, “A Resolution of the City Council of the City of Foster City Adopting the 2021 San Mateo County Multijurisdictional Local Hazard Mitigation Plan Including Foster City Annex Plan;”

5. City Resolution No. 2021-177, “A Resolution of the City Council of the City of Foster City Approving the Appropriation of $5,280.70 from the Vehicle Replacement Fund Balance (Fund 501) to Account No. 501-0560-431-4384 and Authorizing the Purchase of a New 10 Yard Dump Truck from the National Auto Fleet Group in the Amount of $190,991.70;”

6. City Resolution No. 2021-178, “A Resolution of the City Council of the City of Foster City Appropriating Funds from the Information Technology Equipment Replacement Fund in the Total Amount of $31,980 and Authorizing the Purchase of Police Software from Sun Ridge Systems Inc. in an Amount not to Exceed $15,600 and Higherground Inc. in an Amount not to Exceed $16,380;”

7. City Resolution No. 2021-179, “A Resolution of the City Council of the City of Foster City Approving a Lease Between the City of Foster City and Caltrans for Use of Certain Vacant Land (APN 094-130-060 Located North of E. 3rd Ave. and East of Lakeside Drive) for Temporary Storage and Staging of Construction Materials and Equipment for the Foster City Levee Protection Planning and Improvements Project (CIP 327-657);”

8. City Resolution No. 2021-180, “A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposal (RFP) for EIR Consultants to Conduct an Environmental Assessment as Part of the Next Housing Element Update;”

9. City Resolution No. 2021-181, “A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposal for the Update of the Lagoon Management Plan;”
13 10.City Resolution No. 2021-182, “A Resolution of the City Council of the City of Foster City Authorizing an Agreement with HIP Housing Affordable Ventures for Property Management Services for Workforce Housing;”

11.City Resolution No. 2021-183, “A Resolution of the City Council of the City of Foster City Approving a Temporary Senior Human Resources Analyst Position in the Human Resources Department;”

12.EMID Resolution No. 3622, “A Resolution of Board of Directors of the Estero Municipal Improvement District Approving a Temporary Senior Human Resources Analyst Position in the Human Resources Department;”

13.City Resolution No. 2021-184, “A Resolution of the City Council of the City of Foster City Approving Revising the Classification of Principal Building Inspector to Plans Examiner;”

14.EMID Resolution No. 2021-3623, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Revising the Classification of Principal Building Inspector to Plans Examiner;”

15.City Resolution No. 2021-185, “A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation;” and

16.EMID Resolution No. 3624, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation.

ITEMS REMOVED FROM CONSENT CALENDAR
AGREEMENT WITH FOSTER CITY VILLAGE, INC. FOR A TERM OF JANUARY 1, 2022 THROUGH DECEMBER 31, 2022, WITH THE OPTION TO EXTEND THROUGH DECEMBER 31, 2026, FOR THE USE OF DISTRICT-OWNED OFFICE AND

MEETING/CLASSROOM SPACE, IT SERVICES AND EQUIPMENT AT THE COMMUNITY CENTER.CITY RESOLUTION NO. 2021-186. EMID RESOLUTION NO. 3625.

Without objection from the City Council, Mayor Awasthi removed this item from the Consent Calendar.

The following people addressed the City Council in person:

1. Patricia Maxwell;

2. Marlene Hopper; and

3. Mary Bates.

Supriya Singh, President of Foster City Village, addressed the City Council via teleconference.
14 Discussion ensued.

Motion by Councilmember/Director Gehani, seconded by Vice Mayor/Vice President Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2021-186, “A Resolution of the City Council of the City of Foster City Authorizing an Agreement Between City of Foster City and Foster City Village, Inc. for a Term of January 1, 2022 Through December 31, 2022, with the Option to Extend Through December 31, 2026, for the Use of City-Owned Office and Meeting/Classroom Space, IT Services and Equipment at the Community Center” and EMID Resolution No. 3625, “A Resolution of the Board Of Directors of the Estero Municipal Improvement District Authorizing an Agreement Between the Estero Municipal Improvement District and Foster City Village, Inc. for a Term of January 1, 2022 Through December 31, 2022, with the Option to Extend Through December 31, 2026, for the Use of District-Owned Office and Meeting/Classroom Space, IT Services and Equipment at the Community Center.”
AGENDIZE A RESOLUTION IN SUPPORT OF "OUR NEIGHBORHOOD VOICES INITIATIVE".

Without objection from the City Council, Mayor Awasthi removed this item from the Consent Calendar.

Linda Koelling addressed the City Council in person.

The following people addressed the City Council via teleconference:

1. Mike Dunham, representing Peninsula for Everyone; and

2. Nathan Chan.

Discussion ensued.

Motion by Councilmember Sullivan, seconded by Vice Mayor Froomin, and carried, 4-0- 1, Councilmember Hindi abstained, approving the request to agendize a resolution in support of “Our Neighborhood Voice Initiative.”

REPORTS
REESTABLISH COUNCIL SUBCOMMITTEES MEETINGS. MINUTE ORDER NO. 1822.

Interim Deputy City Manager Phan presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting Minute Order No. 1822, directing staff to:
15 1. Accept the recommended Subcommittee Purpose/Mission Statements and Schedules (which includes maintaining five as Standing Subcommittees, four as Ad Hoc Subcommittees, and disbanding the Levee Subcommittee);

2. Add a Community Beautification Ad Hoc Subcommittee; and

3. Update the Council Liaison List accordingly.

AMENDMENT, SUSPENSION OR RESCINDING OF CODE OF CONDUCT AND PROVIDE DIRECTION TO STAFF. MINUTE ORDER NO. 1823.

City Attorney/District Legal Counsel Stock presented the staff report.

The following people addressed the City Council via teleconference:

1. Mike Dunham, representing Peninsula for Everyone; and

2. Nathan Chan.

The following people addressed the City Council via email:

1. Shankar Kenkre;

2. Eva Hess; and

3. Crystal Muratoglu.

Discussion ensued.

Motion by Councilmember/Director Sullivan, seconded by Councilmember/Director Hindi, and carried,3-2-0, Vice Mayor/Vice President Froomin and Councilmember/Director Gehani voted “no”, adopting Minute Order No. 1823, directing staff to rescind the Code of Conduct.

RESOLUTIONS FOR ADOPTION

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES (AFSCME) MEMORANDUM OF UNDERSTANDING, EFFECTIVE JULY 1, 2021 TO JUNE 30, 2023. CITY RESOLUTION NO. 2021-187. EMID RESOLUTION NO. 3626.

Human Resources Director Saguisag-Sid presented the staff report.

Discussion ensued.

Motion by Councilmember/Director Gehani, seconded by Vice Mayor/Vice President Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2021-187, “A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding for the American Federation of State, County & Municipal Employees (AFSCME) , Effective July 1, 2021 to June 30, 2023, and Authorizing an Additional $363,886 to the Fiscal Year 2021-2022 Annual Budget” and EMID Resolution No. 3626, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the American Federation of State, County & Municipal Employees (AFSCME), Effective July 1, 2021 to June 30, 16 2023, and Authorizing an Additional $363,886 to the Fiscal Year 2021-2022 Annual Budget.”

AMENDED PAY PLANS FOR THE CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT. CITY RESOLUTION NO. 2021-188. EMID RESOLUTION NO. 3627. CITY RESOLUTION NO. 2021-189. EMID RESOLUTION NO. 3628.

Human Resources Director Saguisag-Sid presented the staff report.

Discussion ensued.

Motion by Vice Mayor Froomin/Vice President, seconded by Councilmember/Director Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2021-188, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay effective July 1, 2021” and EMID Resolution No. 3627, “A Resolution of the Board of Directors of the Estero Municipal Improvement District of the Approving and Adopting the Amended Pay Plan effective July 1, 2021.”
Motion by Vice Mayor/Vice President Froomin, seconded by Councilmember/Director Hindi, and carried unanimously, 5-0-0, adopting City Resolution No. 2021-189, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay effective January 1, 2022” and EMID Resolution No. 3628, “A Resolution of the Board of Directors of the Estero Municipal Improvement District of the Approving and Adopting the Amended Pay Plan effective January 1, 2022.”

COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrant of Demands were Processed and Issued on November 5, 2021, November 15, 2021, and November 30, 2021. ACH on November 15, 2021, November 19, 2021 and November 30, 2021.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
Interim City/District Manager Miller stated that he met with San Mateo Union High School Superintendent David Skelly regarding transportation issues for students and plans to meet with the council liaisons regarding next steps. He congratulated the City Council on their vision and decisions on the recently adopted labor agreements.

Councilmember/Director Sullivan congratulated Mayor Awasthi on a well-run meeting. On November 30, he attended the Audit Committee meeting, and on December 1 he attended the privately sponsored Hanukkah Celebration. He attended the Tree Lighting Ceremony on December 8 and thanked the Parks and Recreation Department for their work. On December 10, he attended Leadership Council and said it was great discussion. 17 Councilmember/Director Gehani stated he also attended the Lighting of the Menorah event and the Tree Lighting Ceremony. On December 9, he attended the City/Council Association of Governments (C/CAG) meeting and stated that he applied as a representative to the OneShoreline San Mateo County Flood and Sea Level Rise Resiliency District, and San Mateo Deputy Mayor Papan was selected. He stated that Foster City should receive credit for the Levee Project if OneShoreline is successful in building a levee in the County financed by a tax. He attended the Parks and Recreation Committee meeting on December 7, and they discussed several updates and the Recreation Center and Parks System Survey. He encouraged the community to take the survey before it closes on December 17. He thanked the City Council and staff for their work and for always prioritizing the community. He wished everyone Happy Holidays and a Happy New Year and invited the public to join the Vision and Policy Summit on January

12. Councilmember/Director Hindi stated that he attended the Bay Area Water Supply and Conservation Agency (BAWSCA) meeting on November 18 and they discussed the statewide drought. On December 1, he was unable to attend the Hanukkah Celebration due to a meeting conflict with the SFO Roundtable meeting. He also attended the Tree Lighting Ceremony and said it was a great event. He encouraged the community to continue to take precautions against COVID-19 and wished everyone Happy Holidays and a Happy New Year.

Vice Mayor/Vice President Froomin stated that he will work to direct his comments at issues, not at people. He wished the community a Merry Christmas and Happy Kwanzaa.

He thanked staff for the Winter Wonderland and Tree Lightening events, the Bay Area Youth Choir and Orchestra for their performance, and thanked Doron Shapira for organizing the Hanukkah Celebration. He met with San Mateo-Foster City School Board Trustee Alison Proctor and they discussed continuing the relationship between the District and the Police Department. He thanked Mayor Awasthi for a well-run meeting.

Mayor/President Awasthi stated that she also has concerns about Foster City receiving financial credit for the Levee Project amid climate mitigation regional efforts, which she’s discussed with Senator Becker, Assemblymember Mullin, and Congressional District 14 Director Perkins. She attended Assemblymember Mullin’s legislative update and they discussed bills related to housing. She attended the Hanukkah Celebration event and thanked the organizers. She also attended the Tree Lighting and said it was a great event.

She stated she looks forward to the Vision and Policy Summit on January 12, and thanked staff and the Council for their efforts for ensuring productive conversations. She wished everyone Happy Holidays and a Happy New Year.

CLOSED SESSION
Mayor/President Awasthi recessed the meeting into Closed Session for:
18 1. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Two Cases:
1) Liu, Zheng v. Marcus Terry, et al., Case No. 21-CIV-01179-JSC 2) Liu, Zheng v. Foster City Police Dept., Case No. 20-CIV-02394-SBAConference with Legal Counsel – Anticipated Litigation- Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (Two potential cases); and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 9:03 p.m. and reconvened at 9:34p.m.

City Attorney Stock/District Legal Counsel Stock reported that no action was taken in Closed Session.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 9:34 p.m.
19 DATE: January 18, 2022

TO: Mayor and Members of the City Council

FROM: Kevin Miller, Interim City Manager
Tiffany Oren, Recreation Manager

SUBJECT: AGREEMENT FOR THE SEA CLOUD PARK SNACK SHACK

CONCESSION WITH PICCADILLY CATERING & EVENT
SOLUTIONS FROM MARCH 1, 2022, THROUGH DECEMBER
31, 2024, WITH TWO (2) OPTIONAL ONE (1) YEAR

EXTENSIONS

RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving an Agreement with Piccadilly Catering & Event Solutions for the Snack Shack Concession at Sea Cloud Park for a two-year period from March 1, 2022 through December 31, 2024, with two (2) optional one (1) year extensions and authorizing the Mayor to execute the agreement.

EXECUTIVE SUMMARY
The Recreation Division recommends entering into an agreement with Piccadilly Catering & Event Solutions for Snack Shack Concession Services at Sea Cloud Park for an initial term from March 1, 2022 to December 31, 2024. Concessionaire services consist of food sales to park patrons and the general public during the contracted term.

Previous Snack Shack concessions have been held by Foster City based youth sports organizations. Most recently, American Youth Soccer Organization (AYSO) has operated the concession since 2013. When offered the opportunity to renew their agreement for the 2022-2024 term, AYSO declined to continue.
20 BACKGROUND
The Sea Cloud Snack Shack concession opened in April 1988 for the purpose of providing seasonal food service options to the public participating in local sport leagues. In the past 33 years, the concession has been managed by:
A private business for approximately the first nine (9) years Foster City Little League for nearly ten (10) years
Peninsula Youth Soccer Club and Foster City Youth Softball Association for five (5) years
American Youth Soccer Organization for the past eight (8) years In July 2021, AYSO was offered the opportunity to exercise the extension terms in their concession agreement for an additional two (2) year term. The AYSO Board respectfully declined the offer. As such, the City released a Request for Proposals (RFP) for the Sea Cloud Park Snack Shack concession in September 2021.

ANALYSIS
Two private vendors provided proposals. Staff is recommending that the Concession Agreement be awarded to Piccadilly Catering & Event Solutions based on the proposed terms and services that can be provided by Piccadilly, including the menu offerings, which are more aligned with the traditional snack shack items that park patrons would anticipate from this type of concession. Piccadilly Catering & Event Solutions has acknowledged that all concession employees shall comply with any and all background check requirements imposed by the City and has confirmed to Staff that it currently conducts background checks on its employees.

If approved, Piccadilly Catering & Event Solutions would operate beginning March 1, 2022 through December 31, 2024. The concessionaire arrangement would ensure the Snack Shack would be open and provide food services to the public during all baseball, softball, and soccer games with approximately the following hours of operation:
5:00 pm to 7:30 pm Monday through Thursday during the baseball and softball season
21 9:00 am to 4:00 pm on Saturdays during the baseball and softball season
9:00 am to 4:00 pm Saturdays and Sundays during the soccer season
Staff recommends that City Council authorize the execution of a Concession Agreement with Piccadilly Catering & Event Solutions for a two-year initial term, with two (2) optional one (1) year extensions.

FISCAL IMPACT
The concession agreement requires that the Snack Shack concession holder pay the City five percent (5%) of gross receipts. Since this is the first time a private business will manage the concession in over twenty years, and because the business is proposing to expand the diversity of the menu, it is challenging to predict the anticipated revenue from the gross receipts.

Historically, on average, the City has received approximately $2,000 annually when the youth sports organizations managed the Snack Shack concession.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item aligns with the City Council’s Mission as it provides an equitable service that is customer-focused.

Attachments:
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Piccadilly Catering & Event Solutions Response to RFP
22 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

AUTHORIZING THE SEA CLOUD SNACK SHACK AGREEMENT WITH PICCADILLY CATERING & EVENT SOLUTIONS AT SEA CLOUD PARK FROM MARCH 1, 2022, THROUGH DECEMBER 31, 2024, WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2026

CITY OF FOSTER CITY
WHEREAS, the Snack Shack concession has successfully provided food and beverage sales for youth sports groups at Sea Cloud Park; and WHEREAS, a contract agreement beginning March 1, 2022 and ending December 31, 2024 would allow City staff and Piccadilly Catering & Event Solutions to continue this collaborative effort in providing quality service for the public; and WHEREAS, the City of Foster City will receive 5% of the gross receipts from the Sea Cloud Park Snack Shack Concession;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the concessionaire agreement between the City of Foster City and Piccadilly Catering & Event Solutions for the period of March 1, 2022 through December 31, 2024, with two (2) optional one (1) year extensions through 2026, and authorizes the Mayor to execute said Agreement.

PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
23 1

CONCESSIONS AGREEMENT
FOR

SNACK SHACK OPERATIONS AT SEA CLOUD PARK
This Concessions Agreement (“Agreement”) is made and entered into as of the 18th day of January, 2022 by and between the City of Foster City hereinafter called "CITY" and Piccadilly Catering & Events Solution hereinafter called "CONCESSIONAIRE".

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

A. That CONCESSIONAIRE engaged CITY for authorization to operate a Snack Shack concession stand during at Sea Cloud Park;
B. That CONCESSIONAIRE is qualified to operate the concession stand; C. That the CITY and CONCESSIONAIRE wish to enter into an agreement upon the terms and conditions as hereinafter set forth.

NOW, THEREFORE, the in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference as though set forth in full herein.

2. Location; Equipment. CONCESSIONAIRE shall operate a concession located at Sea Cloud Park designated as the Sea Cloud Park Snack Shack (the "premises"), as more particularly depicted in Exhibit A attached hereto and incorporated by this reference as though set forth in full herein.

CONCESSIONAIRE agrees to accept the premises and any improvements thereon in the existing condition, "as-is". CITY shall not be obligated to make any alterations, additions, improvements or repairs to the premises.

CONCESSIONAIRE shall at its sole cost and expense provide all materials and equipment necessary to operate the concession at the premises.

3. Services. The services to be performed by CONCESSIONAIRE under this Agreement are to operate a concession for the sale to the general public of food, beverages, and snacks in accordance with the following terms and conditions:
a. Purpose; Days and Hours; Operation. The premises shall be used by CONCESSIONAIRE only for the purpose of the concession food, 24 2
beverage, and snack sales to the general public. The concession shall be operated from 5:00 PM - 7:30 PM Monday through Thursday during the baseball and softball season; 9:00 AM – 4:00 PM on Saturdays during the baseball and softball season; and 9:00 AM – 4:00 PM on Saturdays and Sundays during the soccer season.

Baseball season-typically runs from March 1 through July 15 and soccer season typically runs from August 1 through December 31.

CONCESSIONAIRE will vacate the premises when requested by the CITY for major events or for required maintenance as determined by the CITY.
b. CONCESSIONAIRE expressly agrees at all times during the term of this Agreement, at its own cost and expense, to maintain and operate the concession in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind and in compliance with any and all present and future laws, general rules or regulations of any governmental authority now or at any time during the term of this Agreement in force relating to public health, safety or welfare. CONCESSIONAIRE shall comply with all laws, rules and regulations applicable thereto, adopted by federal, state or other governmental bodies or departments of officers thereof, and this Agreement is expressly subject to present and future regulations and policies of the CITY. CONCESSIONAIRE shall remedy without delay any defective or dangerous conditions. No alcoholic beverage (including beer and wine) or goods,
merchandise or material which are in any way explosive or hazardous shall be sold, kept or stored on the premises. No offensive or dangerous activity shall be carried on or permitted on the premises.
c. Personnel. CONCESSIONAIRE shall keep the CITY advised, in writing, of the names, mailing addresses, and phone numbers of all of its employees and/or volunteers engaged in operating the concession at the premises. All employees shall be at least 16 years of age and fully trained and qualified to perform duties assigned to them. Volunteers who are age 15 and under shall be accompanied by an adult while on the premises. Employees and/or volunteers shall be recognizable as employees/volunteers of the concession. d. Quality of Service; Rates and Charges. CONCESSIONAIRE agrees that it will maintain a high standard of service. Products sold and service rendered shall be of good quality and that the service shall be prompt, clean, courteous and efficient.
25 3
e. Parking. CONCESSIONAIRE shall park vehicles in areas designated by the CITY. Employees and customers shall be directed by CONCESSIONAIRE to park in designated legal parking spaces. All regulations governing controlled parking spaces and fire lanes shall be observed.
f. Siqns. CONCESSIONAIRE shall supply CITY with copies of all promotional materials at least ten days prior to use thereof for its reasonable approval. CITY reserves the right to approve or deny all signs proposed to be placed on the premises.

4. Term; Termination; Renewal.
a. The term of this Agreement shall commence upon the date hereinabove written and shall expire upon December 31, 2024, delivery of the product or completion of performance of services hereunder by CONCESSIONAIRE, whichever date shall first occur.

The contract term may be renewed at the CITY’s sole discretion for up to two (2) one-year (12 months) increments.
b. Notwithstanding the provisions of (a) above, either party may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.
c. Within six months of the contract's expiration date, the CITY will review the CONCESSIONAIRE’s performance and determine if the present agreement will be renewed for a specified amount of time.

The criteria used for renewal of the contract will include but is not limited to quality of service, maintenance of concession site, rates, charges, and safety procedures.

5. Compensation; Expenses; Payment. CONCESSIONAIRE shall pay the CITY, without demand, five percent (5%) of CONCESSIONAIRE’s gross receipts (as hereinafter defined) in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein and made a part hereof as though it were fully set forth herein.
a. Gross Receipts. The Term "gross receipts" as used herein is the total amount of fees for service performed at the premises whether paid at the concession site or elsewhere, it being understood that sales 26 4
on credit are to be included in gross receipts at the time of sale whether or not CONCESSIONAIRE actually receives payment. Any transaction shall be treated as a sale for the full price at the time such transaction was entered into irrespective of the time of payment.

Gross sales shall not include the amount of any sales tax where such tax is stated separately, paid by CONCESSIONAIRE’s customers and remitted directly to the taxing authorities by
CONCESSIONAIRE.

6. Records; Inspection. CONCESSIONAIRE shall keep true and complete books and records showing all of concession business transactions separately from any other business of CONCESSIONAIRE, in a manner reasonably acceptable to the CITY. CONCESSIONAIRE shall preserve all such records for at least three years following the date of the last transaction recorded therein. CITY shall have the right through its representatives, at all reasonable times, to inspect such books and records, including State of California Sales Tax and Federal Income Tax return. CITY shall also have the right to examine all books and records at any time during the one-year period following the termination of this Agreement. CONCESSIONAIRE agrees that as part of his record keeping activity he shall:
a. Record all purchases on the register showing a digital read-out of the total sale amount to the customer at the time of the sales transaction. b. Supply detail register tapes of daily sales transactions upon request for review at any time.
c. Utilize a separate deposit bank account for all receipts from the premises prior to transfer thereof to any other depository.

7. Park Inspection and Maintenance. CITY reserves the right of entry upon the premises at all reasonable times for inspection purposes and to do any and all work of any nature necessary for maintenance and operation of park in which the premises are located. CONCESSIONAIRE shall be given reasonable notice when any such work may become necessary and will adjust concession operations in such a manner that CITY may proceed expeditiously. CITY shall coordinate with CONCESSIONAIRE in an attempt to cause a minimum of interference with CONCESSIONAIRE’s activities. In no event shall CITY be liable for any loss of revenue or profits arising from CITY’s inspection and maintenance activities under this Agreement.

8. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

9. Relationship of Parties. It is understood that the relationship of CONCESSIONAIRE to the CITY is that of an independent contractor and 27 5
all persons working for or under the direction of CONCESSIONAIRE are its agents or employees and not agents or employees of the CITY.

10. Schedule. CONCESSIONAIRE shall adhere to the operations schedule set forth in Section 3.a hereof; provided, that CITY shall grant reasonable extensions or deviations from the schedule as needed to account for unavoidable circumstances;.

11. Indemnity. To the fullest extent allowed by law, CONCESSIONAIRE hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONCESSIONAIRE, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of CONCESSIONAIRE to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONCESSIONAIRE to indemnify CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

CONCESSIONAIRE’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

12. Insurance. CONCESSIONAIRE shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to CONCESSIONAIRE’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
28 6
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury,
personal injury and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required
to the extent applicable to
CONCESSIONAIRE’s vehicle usage in
performing services hereunder)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

CONCESSIONAIRE agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by CONCESSIONAIRE shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as CONCESSIONAIRE is bound to CITY under this Agreement and its accompanying documents.

Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request.

CONCESSIONAIRE shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, CONCESSIONAIRE shall, on the Insurance Coverage form provided in Exhibit C, attached hereto and incorporated by reference as though set forth in full herein, or equivalent, furnish CITY with certificates and copies of all declaration and endorsement pages for the insurance policy or policies required hereunder.

With respect to commercial general liability and automobile liability 29 7
insurance coverage, CONCESSIONAIRE must obtain and provide the following original endorsements:
a. Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; b. Naming the CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
c. Providing the additional insured coverage under
CONCESSIONAIRE’s insurance policy shall be primary and non- contributory insurance with respect to CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of CONCESSIONAIRE’s insurance and not contributory with it.

CONCESSIONAIRE and its insurer may not seek contribution from CITY’s insurance or self-insurance.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured.

All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named CONCESSIONAIRE/Named Insured or CITY.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as
CONCESSIONAIRE is bound to CITY under this Agreement.

Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that 30 8
they apply to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

CONCESSIONAIRE shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONCESSIONAIRE fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONCESSIONAIRE.

13. Workers' Compensation. CONCESSIONAIRE certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONCESSIONAIRE certifies that it will comply with such provisions before commencing the performance of the work of this agreement.

14. Non-Discrimination. The CONCESSIONAIRE will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONCESSIONAIRE will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONCESSIONAIRE shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONCESSIONAIRE agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY and CONCESSIONAIRE in writing, by first class mail, postage prepaid, addressed as follows:

CITY: Foster City Parks and Recreation
650 Shell Boulevard
Foster City, CA 94404-2299
Attention: Tiffany Oren, Recreation Manager
CONCESSIONAIRE: Piccadilly Catering & Events Solution
3 Plaza View Lane #111
31 9
Foster City, CA 94404
Attention: LaTisa Brooks
Email Address:[email protected]

16. Non-Assignment. This Agreement is not assignable either in whole or in part except as provided hereinbelow.
a. Purpose. The use of third party vendors may be approved as a means to offset volunteer and/or employee work hours; supplement CONCESSIONAIRE resources; accommodate staffing needs for large tournaments/events; or provide additional opportunity for revenue generation.
b. Approval Process. CONCESSIONAIRE must contact the Parks and Recreation Department at least 2 weeks in advance of proposed date in which a third party vendor is to be brought on the premises and coordinate the completion by the third party vendor of an Agreement for Recreational Services and a Park Permit at least 1 week in advance of date. CONCESSIONAIRE shall include in any contract with a Third Party Vendor that the same compensation terms set forth in Section 5 and Exhibit B shall apply to the Third Party Vendor.

Specifically, CONCESSIONAIRE shall require in any such contract that any Third Party Vendor pay to the CITY five percent (5%) of gross receipts in accordance with Exhibit B and that CITY is a third party beneficiary to any contract with a Third Party Vendor with the right of enforcement.

17. Amendments. This Agreement may be amended or modified only by written agreement approved by the City Council and signed by both parties.

18. Action or Approval. Whenever action, notice, consent or approval by the City is required under this Agreement, the City Manager may, but is not required to, act on and/or approve such matter unless specifically provided otherwise.

19. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

20. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

21. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of 32 10
a mutually acceptable mediator. Neither party shall 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, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

22. Entire Agreement. This Agreement, including Exhibits A, B, and C, comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Richa Awasthi, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONCESSIONAIRE
Dated:

LaTisa Brooks, Owner
33 11

EXHIBIT A

DESCRIPTION AND DEPICTION OF PREMISES
The Snack Shack is located at Sea Cloud Park on Sea Cloud Drive. 34 12

EXHIBIT B

PAYMENT MILESTONES
Payment Schedule. VENDOR shall furnish the CITY a Statement of Gross Receipts for the dates of January 1 to July 31 and August 1 to December 31 and pay a concession fee thereon in accordance with the schedule set forth below.

Milestone Amount of Payment
(For the time period of March 1* to July 31): 1 st payment of 5% gross receipts July 31, 2022
(For the time period of August 1-Dec 31): 2 nd payment of 5% gross receipts December 31, 2022
(For the time period of January 1 to July 31): 3 rd payment of 5% gross receipts July 31, 2023
(For the time period of August 1-Dec 31): 4 th payment of 5% gross receipts December 31, 2023
(For the time period of January 1 to July 31): 5 th payment of 5% gross receipts July 31, 2024
(For the time period of August 1-Dec 31): 6 th payment of 5% gross receipts December 31, 2024
*For 2022, March 1 will be the start date for the season. 35 13

EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply) Insurer Policy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company. 36 14
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( )
37 38
39 40
41 DATE: January 18, 2022

TO: Mayor and Members of the City Council

VIA: Kevin Miller, Interim City Manager

FROM: Priscilla Schaus, Communications Director/City Clerk

SUBJECT: REQUEST FOR PROPOSALS (RFP) FOR VIDEO TECHNICIAN

SERVICES

RECOMMENDATION
It is recommended that the City Council approve the attached resolution approving issuance of the Request for Proposals (RFP) for Video Technician Services.

EXECUTIVE SUMMARY
Video Technician services ensure the recording and cablecast of City Council and Planning Commission meetings, maintenance of the FCTV Bulletin Board content and functionality, the recording and cablecast of additional events using the vendor's own equipment outside of the City Council Chambers, advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining Foster City Television (FCTV) services.

The City entered into an agreement for Video Technician Services on March 2, 2020 for Fiscal Year 2020-2021, with the option to extend for Fiscal Years 2021-2022 and 2022-2023. On December 3, 2021 staff received a letter stating that the service provider will cease operations on December 31, 2021.

To ensure continuity of services, the City entered into a short-term agreement to allow sufficient time to issue an RFP, review proposals, and present a new 42 multiyear agreement for City Council approval.

BACKGROUND/ANALYSIS
Foster City Television (FCTV) is Foster City's Government Access Cable Television Channel, providing local information to Foster City since 1986.

FCTV can be found on Comcast Channel 27, AT&T Channel 99 or streaming on YouTube and the Foster City website. Foster City TV's mission is to serve the people of Foster City by providing accurate and current information about policies, services, and activities of the City government and local events. As an essential part of FCTV, City Council and Planning Commission meetings are recorded and cablecast, with additional regularly scheduled replays. The recording and cablecasting of meetings, as well as other City events, has been provided through a Video Technician agreement since 2012, following the elimination of a video technician staff position.

The Council Chambers has a well-equipped control room where live City meetings are directed and recorded. All live meetings are typically broadcasted by one (1) Video Technician. This Video Technician has remote control over five (5) high-definition cameras to capture all of the proceedings inside the Council Chambers – four (4) pan/tilt/zoom cameras plus one (1) fixed mounted zoom document camera. The Video Technician also has the capability of monitoring and controlling eleven (11) fixed microphones and up to six (6) wireless microphones. The Video Technician coordinates audio/visual (A/V) needs for the meeting participants using the Crestron Control system, as well as directs the video switching and monitors audio levels for broadcast and recording. The Video Technician also maintains the FCTV bulletin board content and functionality, provides advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

Additionally, the City seeks to to utilize the vendor's services for the recording of special events, such as the Community Dialogue Series, Town Hall meetings, or similar events that take place at the Recreation Center, Community Center, or at comparable venues outside of the City Council Chambers.

The City entered into an agreement for Video Technician Services on March 2, 2020 for Fiscal Year 2020-2021, with the option to extend for Fiscal Years 2021-2022 and 2022-2023. On December 3, 2021 staff received a letter stating that the service provider will cease operations on December 31, 2021. 43 To ensure continuity of services, the City entered into a short-term agreement to allow sufficient time to issue an RFP, review proposals, and present a new multiyear agreement for City Council approval.

Staff seeks approval to issue the RFP for Video Technician Services to ensure continued services. The initial contract term is expected to be for one year, beginning on April/May 2022. At the City’s sole discretion, the contract may be extended for additional year-long terms up to two years, through 2025.

The core scope of work includes the following:
Guaranteed staffing to record, cablecast, and schedule for playback for up to 75 live meetings
Based upon information received from City, create, upload, and maintain current Bulletin Board content and ensure that Bulletin Board is functioning properly.
Assist staff with annual evaluation of Foster City Television audio/visual and broadcasting equipment as part of the annual budget process.
Assist City staff with troubleshooting equipment and broadcast issues.
Ability to record special events such as the Community Dialogue Series, Town Hall meetings, or similar events that take place at the Recreation Center, Community Center, or at comparable venues outside of the City Council Chambers
If approved, the RFP will be released and responses will be requested by the proposed due date of February 24, 2022. Staff will review the proposals and once a finalist is selected, staff will return to City Council with a request to award a contract.

FISCAL IMPACT
Funds are budgeted annually in Account No. 001-0230-411-4251 - Video Technician Contract.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
The requested action is in alignment with principles under the "City Council Operations and Improved Community Engagement" Value/Priority Area. The 44 key outcome is continued recording, broadcasting, and playback of City Council and Planning Commission meetings, offering transparency and access for the community.

Attachments:
Attachment 1 - City Resolution
Attachment 2 - Request for Proposals
45 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR VIDEO

TECHNICIAN SERVICES

CITY OF FOSTER CITY
WHEREAS, Video Technician services ensure the recording and cablecast of City Council and Planning Commission meetings, maintenance of the FCTV Bulletin Board content and functionality, the recording and cablecast of additional events using the vendor's own equipment outside of the City Council Chambers, advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining Foster City Television (FCTV) services; and WHEREAS, the City entered into an agreement with for Video Technician Services on March 2, 2020 for Fiscal Year 2020-21, with the option to extend for Fiscal Years 2021- 22 and 2022-23; and
WHEREAS, staff received a letter from the City’s Video Technician Services provider stating that operations will cease on December 31, 2021. To ensure continuity of services, the City entered into a short-term agreement to allow sufficient time to issue an RFP, review proposals, and present a new multiyear agreement for City Council approval; and
WHEREAS, with City Council approval, staff will issue the Request for Proposal and proceed with the contractor selection process for Video Technician Services for an initial term of one year with a tentative start of April/May 2022, with the possibility of extending the contract for additional year-long terms up to two years, through 2025, at the City’s sole discretion; and
WHEREAS, funds are budgeted annually in Account No. 001-0230-411-4251 - Video Technician Contract; and
WHEREAS, the Request for Proposal for Video Technician Services has been prepared and is ready to be issued, and the selection of a vendor will enable the City to continue providing high quality broadcasting, recording, and streaming of City Council and Planning Commission meetings.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the issuance of a Request for Proposal for Video Technician Services.
46 PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 18th of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
47 City of Foster City
January 19, 2022

REQUEST FOR PROPOSALS
Video Technician Services
2022–1-19
48 Request for Proposals – Video Technician Services
2 January 19, 2022
The City of Foster City is seeking proposals to provide Video Technician Services to record and cablecast City Council meetings and Planning Commission meetings, to maintain Foster City Television (FCTV) Bulletin Board content and functionality, to record and cablecast additional meetings in the City Council Chambers as requested, provide advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

The City invites you to submit a proposal to furnish services in accordance with the terms, conditions and specifications contained in this document.

Please note that interested vendors are required to attend a walk-through of the facilities and meeting with City staff in order to qualify to submit a proposal in accordance with the attached Request for Proposal. The meeting/walk-through is scheduled for Wednesday, February 9, 2022, at 2:00 PM in the City Council Chambers, 620 Foster City Boulevard, Foster City, CA.

Please RSVP your intent to attend this walk-through by contacting Communications Director/City Clerk Priscilla Schaus at 650-286-3253 or [email protected].

Please complete the proposal form as instructed below and return it to the specified e-mail address by the due date. No extensions to the deadline will be allowed. All responses must be e-mailed to:

TO: Priscilla Schaus
[email protected]
Due Date: Thursday, February 24, 2022 (5 PM)
49 Request for Proposals – Video Technician Services
3 This Request for Proposal includes the following Sections:

TERMS AND CONDITIONS
Section 1 Introduction / Background
Section 2 Project Services
Section 3 RFP Submittal Requirements
Section 4 Vendor Evaluation Process

TERMS AND CONDITIONS
DATE DUE: Wednesday, February 24, 2022 (5 PM)

1.QUESTIONS: Questions are to be submitted by any vendor to Communications Director/City Clerk Priscilla Schaus via e-mail at [email protected]. All responses to questions/clarifications will be posted on the City’s website as addendums and any vendor who has provided an e-mail will be notified via -email of the posting. Vendors are required to provide an e-mail address to which we may send responses.

2.REPLY FORMAT: The Vendor’s proposal, including a signed acknowledgment of the terms and conditions herein, including all attachments, must be returned by the due date. Vendors are required to clearly identify any limitations or exceptions to the requirements defined in this RFP. Alternative approaches will be given consideration if the approach clearly offers increased benefit to the City. The City is not responsible for non-receipt or misdelivery and it is proposing vendor's responsibility to ensure the City receives all communication, including the proposal. The City’s e-mail system does not allow attachments larger than 5MB.

3.DEADLINES TIME ZONE: All listed times are in the Pacific Time Zone.

4.RESPONSIVENESS AND SELECTION PROCESS: The City will select a proposal based on a combination of criteria, including: total cost (including ongoing operating costs); responsiveness to this RFP; reputation of the Vendor in delivering similar services, quality and completeness of the proposal; Vendor's ability to perform in a timely fashion; and the City’s perception of Vendor’s stability within the industry.

The City reserves the right to reject any and all proposals or to waive any minor errors, discrepancies, or irregularities in the selected proposal. The selection will be at the discretion of the City and may be made in any manner that best meets the needs of the City.

5.FIRM PRICES: All quotes shall be held firm for a minimum of ninety (90) days after the proposal due date to allow adequate time for the City to consider each proposal and make an award. All blanks for unit price and total price shall be completed. All prices shall include sales tax where applicable. Any charges for boxing, packing, crating, cartage, handling, insurance, unloading, inside delivery, and any other related charges shall be included in the bid price provided on the Bid Form. Any discrepancy between the unit price and the extended or total price shall be determined by taking the lower price. Upon receipt of this proposal by the City, the Vendor shall be presumed to be thoroughly familiar with all aspects of this work. The failure or omission to examine any location, equipment, form, instrument or document shall in no way relieve Vendor from any obligation with respect to this proposal. 50 Request for Proposals – Video Technician Services
4 6.CANCELLATION CLAUSE: The City may terminate and cancel any purchase order or contract that results from this RFP without obligation at any time prior to receipt of the goods or services.

ACKNOWLEDGEMENT
The undersigned has read and understands the foregoing terms and conditions of this Request for Proposal and proposes to provide services to the City for the stated prices in its response in accordance with the terms and conditions set forth in this document.

VENDOR/PROPOSER:

Company Name Street Address of Company
Signature of Officer City, State, Zip
Printed Name of Officer Telephone No./Fax Nbr.

Title of Officer Federal I.D. Tax Number
51 Request for Proposals – Video Technician Services
5 Section 1

1. Introduction / Background
The City of Foster City is seeking proposals to provide Video Technician Services to record and cablecast City Council meetings and Planning Commission meetings, to maintain the FCTV Bulletin Board content and functionality, to record and cablecast additional meetings in the City Council Chambers as requested, provide advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

Tentative schedule and dates:

Release RFP Wednesday, January 19, 2022
Proposer Walk-Through Wednesday, February 9, 2022 (2 PM) Vendor Written Inquiries (on or before) Monday, February 14, 2022, (5 PM) City response to Written Inquiry (on or before) Thursday, February 17, 2022, Proposals due from potential bidders Thursday, February 24, 2022 (5 PM) Reference Check TBD
Award of Contract Monday, March 21, 2022
*Tentative First City Council Meeting Monday, April 18, 2022 *Tentative First Planning Commission Meeting Thursday, April 21, 2022 Contract Negotiation
The City will enter into price negotiations with the selected Vendor. The City’s standard vendor agreement, which is attached with this RFP in Appendix A, will be used. * Tentative dates are part of an anticipated date of initial meeting where vendor will provide services. The City anticipates period of overlap between existing vendor and vendor awarded contract to allow the Video Technician to learn the current procedures. 52 Request for Proposals – Video Technician Services
6 Section 2

2. Project Services

2.1 Description of Live Meeting Broadcast Equipment/Environment The Council Chambers has a well-equipped control room where live City Council and Planning Commission meetings are cablecast and recorded. All live meetings are typically overseen by one (1) Video Technician. This Video Technician has remote control over five (5) high- definition cameras to capture all of the proceedings inside the Council Chambers – four (4) pan/tilt/zoom cameras plus one (1) ceiling mounted adjustable-zoom document camera. The Video Technician also has the capability of monitoring and controlling eleven (11) fixed microphones and up to six (6) wireless microphones. The Video Technician coordinates A/V needs for the meeting participants using the Crestron Control system, as well as directs the video switching and monitors audio levels for broadcast and recording. The primary video equipment currently used for live meeting recordings consists of:
A Newtek Tricaster 410 video production switcher
A Blackmagic Design Smart Videohub 20x20 6G-SDI matrix switcher A Panasonic AW-RP50N remote camera controller
Softron On The Air Manager playback scheduling software And a Crestron Room Control System, along with various other support equipment.

The Video Technician must also be familiar with Mac and PC operating systems and be able to update Photoshop graphics and Word documents in preparation for live broadcasts.

The Community Bulletin Board system consists of a PowerPoint presentation played back in Keynote software on an iMac, with an iTunes music playlist for background audio.

Playback of station programming is controlled through the Softron On The Air software running on an iMac in the video production suite. The Video Technician will be responsible for scheduling the playback of recorded meetings and any other City-requested scheduled video playback through this software. This server will be made accessible remotely to the selected Video Technician through remote-desktop software of the City’s choosing.

Currently the City is conducting Zoom/in-person hybrid meetings. Zoom hybrid meetings are made possible by an Extron MediaPort 200 device that pushes the Tricaster video/audio mix to Zoom as a single panelist and pulls in the Zoom audio/video as a source on the Tricaster.

Staff or consultants can make PowerPoint presentations to Council via Zoom, and the public can also watch the meeting on Zoom and participate during the public comment portion of the meetings (by raising their hands and being “allowed to talk” by the Zoom host).

A member of the City’s IT staff has been setting up the Zoom hybrid portion of the meetings, and IT staff has been acting as Zoom host for the meetings. The Video Technician would not be expected to set up or configure any Zoom functions. The Video Technician’s main responsibilities for hybrid meetings are: switching between room cameras and Zoom video to follow the active speaker, making sure Zoom video is being shown on the room projector/dais monitors when a presentation is active, and making sure 2-way audio to Zoom is functional.

2.2. Meetings
Vendor shall provide Video Technician Services to Record, Cablecast, and Schedule for playback for up to 75 live meetings per year. These meetings would be as follows:
City Council Regular Meetings: 1 st and 3rd Monday of the month at 6:30 PM 53 Request for Proposals – Video Technician Services
7 oCity Council budget study sessions are scheduled in addition to regular meetings: typically one each in February and March, and two in May oMeetings that fall on holidays are scheduled for the next business day (Tuesday)
oSpecial meetings may be scheduled as needed
Planning Commission Regular Meetings: 1st and 3rd Thursday of each month at 7 PM
Planning Commission Study Sessions (held as needed): 1st and 3rd Tuesday of each month at 7 PM
oSpecial meetings may be scheduled as needed
For reference, the meetings held, and meeting hours required in the last several fiscal years are identified below. These figures are supplied only for reference. The City makes no representation as to the total number of meetings or meeting hours anticipated, and proposals shall not assume either a specific number of meetings or meeting hours.

Fiscal Year 2017-2018:
City Council scheduled/special meetings: 27 held, 2 cancelled Planning Commission meetings/study sessions: 16 held, 29 cancelled Estimated total meeting hours: 252.5
Fiscal Year 2018-2019:
City Council scheduled/special meetings: 29 held, 2 cancelled Planning Commission meetings/study sessions: 20 held, 28 cancelled Estimate total meeting hours: 208.5
Fiscal Year 2019-2020:
City Council scheduled/special meetings: 40 held, 1 cancelled Planning Commission meetings/study sessions: 25 held, 22 cancelled Estimated total meeting hours: 217
Fiscal Year 2020-2021:
City Council scheduled/special meetings: 50 held, 3 cancelled Planning Commission meetings/study sessions: 12 held, 25 cancelled Estimated total meeting hours: 254

2.3. Core Contract Scope of Work
The Scope of Work will be as follows:

1. Guaranteed staffing to record, cablecast, and schedule for playback for up to 75 live meetings per year using CITY equipment. Vendor is responsible to subscribe to CITY’s email lists to receive meeting agendas and cancellation notices. Call time for each meeting is minimum one hour prior to meeting start time. Provide two DVD copies of all meetings for CITY use.

2. Guaranteed staffing to record, cablecast, and schedule for playback up to 10-15 Special Meetings requested by CITY to be held in the City Council Chambers. Call time for each meeting is minimum one hour prior to meeting start time.

3. Based upon information received from CITY, create, upload, and maintain current Bulletin Board content and ensure that Bulletin Board is functioning properly. CITY 54 Request for Proposals – Video Technician Services
8 currently utilizes PowerPoint, Keynote, and iTunes for this function. Vendor shall prepare and air the slides within a maximum of two (2) business days.

4. Assist staff with annual evaluation of Foster City Television audio/visual and broadcasting equipment as part of the annual budget process.

5. Process requests from the public for copies of DVDs. This service shall be charged directly to the requesting individual/agency and shall not be included in CITY’s contract cost.

6. Assist City staff with troubleshooting equipment and broadcast issues.

7. Regularly monitor functionality of all equipment needed to broadcast meetings, including broadcast equipment, lights, cameras, and microphones. Advise or assist with selection of new equipment as needed.

8. Monitor supplies needed for meeting production and request resupply from City staff in a timely manner.

9. Provide equipment on a loan basis, if available, and include any applicable charges, if any. For example, if CITY equipment malfunctions, provide spare equipment if available, or if additional wireless mics are needed for a meeting, provide wireless mics if available.1

10. Respond to other broadcast/recording requests by CITY on a best-efforts basis, including, to the extent possible, making staff available to report to CITY when requested following the activation of the Emergency Operations Center to support the dissemination of public information.

11. Regularly monitor channel remotely, advise CITY of broadcast issues.

12. As requested by CITY, provide and schedule shared programming approved by the CITY.

13. The initial contract term will be for one year, beginning April/May 2022 and ending April/May 2023. At the City’s sole discretion, the contract may be extended for additional year-long terms up to two years, through April/May 2025.

14. Vendor is expected to shadow the City’s current vendor for one month to become familiar with the current procedures and to allow for a smooth transition of the services to Vendor.2

2.4. Additional Terms and Conditions

1. Staffing
Vendor shall endeavor to provide consistency in meeting staffing, but it is ultimately Vendor’s responsibility to ensure that staffing is available for all regularly scheduled 1 If vendor has equipment that can be loaned, provide a list of equipment as part of the response to this RFP.
2 The Vendor should include a separate line item in its proposal pricing to complete this shadowing period.
55 Request for Proposals – Video Technician Services
9 meetings and other agreed upon meetings and that staff assigned to work under the contract are trained in effectively using CITY equipment and capably staffing CITY meetings. Vendor shall provide emergency contact information to ensure ability of CITY to reach Vendor staff urgently.

Missing three confirmed meetings in any twelve-month period is grounds for immediate termination of contract at the discretion of CITY.

CITY shall provide a single point of contact for regular communication with Vendor and shall provide emergency contact information for use by Vendor staff in the event regular contact is unavailable.

The selection of staff to perform work under this contract must be acceptable to the CITY; such acceptance shall not be unreasonably withheld. Vendor shall immediately assign new staff when regularly scheduled staff are deemed unacceptable by CITY.

CITY will provide Vendor with access to CITY Council Chambers and FCTV control room. CITY’s Information Technology Division will work with Vendor to set up remote access to playback server and Bulletin Board if requested.

2. Reporting
Vendor shall provide reports on hours actually worked. Reports should be submitted once per month, within 10 days of the end of the month.

3. Special Events
Provide coverage, including livestreaming, recoding, and on-demand playback, at special events, such as Community Dialogue Series, Town Hall Meetings, and similar events, which take place at the Recreation Center, Community Center, or comparable venues outside of the Council Chambers which shall be agreed upon by CITY and Vendor and identified as part of the contract.

4. Contract
Vendor will be required to enter into an agreement with CITY’s template Agreement for Vendor Services, which is attached to this RFP.

5. Licenses
Vendor will be required to ensure it has all necessary permits and licenses to conduct the services and shall agree to comply with all applicable laws in performing the services.
56 Request for Proposals – Video Technician Services
10 Section 3

3. Proposal Submittal Requirements
Below are all the items that must be submitted by the Vendor. Any vendor who fails to include responses to the following requirements shall be deemed non-responsive.

3.2. Requirement A - General

3.2.1. Description of the service that will be provided for each Core Contract Scope of Work category

3.2.2. Notice required by Vendor to guarantee coverage or service completion (for instance, guaranteed staffing of special meetings or turnaround time for Bulletin Board slides)

3.2.3. Cancellation requirements / penalty (if any) for late notice

3.2.4. Completed Fee Schedule, including fees for current and future years of a possible three-year contract, if the term is extended by City

3.2.5. Disclosure of any minimum charges

3.2.6. Complete contact information for questions related to the proposal

3.2.7. Three (3) professional references

3.2.8. Signed copy of Terms and Conditions/Acknowledgement

3.3. Requirement B - Pricing Sheet

3.3.1. Base price for meeting coverage, including fees for current and future years of a three year contract billed annually. Including coverage and services as provided in Section 2.2, Meetings, Section 2.3 Core Contract Scope of Work

3.3.2. Price per Special Event, (see item 3, Section 2.4 Additional Terms and Conditions).

3.3.3. Hourly cost for additional hours, as needed.

3.3.4. Any other charges, such as for minimums or cancellations that do not meet a minimum notice

3.3.5. Charges for a one-month shadowing period prior to the start of the contract

3.4. Requirement C - Vendor General Information
The following information must be provided for the primary Vendor and for any of the Vendor’s partners or subcontractors:
Vendor Name
Primary Vendor (Y/N)
Local Address
Location of Headquarters
Number of years in the business
Number of overall employees
Number of local employees
Has the company had a workforce reduction in the last five years (Y/N)? Have you provided service to a municipal organization, and if so, which one(s) and for how long?

3.5. Requirement D
Response to Section 2 Functional Requirements
Verify that Vendor can meet all requirements in Section 2 57 Request for Proposals – Video Technician Services
11 Section 4

4. Vendor Evaluation Process

4.1. Selection/Evaluation Criteria for RFP Proposals
All items included in Section 3 – Proposal Submittal Requirements, including the overall price proposed, will be evaluated when reviewing proposals.

4.1.1.Project Specific Evaluation
RFP Format Response Section
The vendor shall respond to all the areas listed in Section 3. The vendor shall describe how their proposal will meet the services identified in this document.

4.2. Vendor Evaluation

4.2.1.Walk-Through of Facilities
The mandatory walk-through is scheduled for Wednesday, February 9, 2022, at 2:00 PM in the City Council Chambers, 620 Foster City Boulevard, Foster City, CA. Vendor may request to attend the walk through virtually. Walk-Through attendance (in person or virtual) will be considered in the evaluation process. If Vendor attends in person, Vendor will need to follow City’s procedures relating to COVID-19, including face coverings.

4.2.2.Reference Check
The reference check will consist of phone and/or email inquiries to an agency or agencies that is a current or past customer of vendor – either provided by vendor for reference or contacted independently by Foster City. All customers will be asked the same initial questions. Follow-up and clarifying questions will be asked based on responses provided. The reference check section will also include Financial background check of the vendor to determine the past, current and future financial condition of the company. If the company is publicly traded on any internationally recognized stock exchange, provide the company’s stock symbol.

Listed below are key subject areas the City will be using to assist in the technical evaluation phase. 1) Functional Requirements
2) General Requirements
3) Ability to deliver on contract scope of work
4) Cost
Please use Section 3 Proposal Submittal Requirements on page 10 as a checklist when preparing the submittal proposal.
58 Request for Proposals – Video Technician Services
12 Updated 12/9/2020
APPENDIX A – SAMPLE AGREEMENT

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR
Video Technician Services (SAMPLE)
This Agreement is made and entered into as of the _____ day of _______, 20___ by and between the City of Foster City hereinafter called "CITY" and _________ hereinafter called "VENDOR".

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;
B. That VENDOR is qualified to provide the product and/or services to the CITY and; C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

1. A. Services. The services to be performed by VENDOR under this Agreement are set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of VENDOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

B. Product. The product to be supplied by VENDOR under this Agreement is set forth in Exhibit A which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Timely delivery of the product specified in said Exhibit A is hereby made an obligation of VENDOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in 59 Request for Proposals – Video Technician Services
13 Updated 12/9/2020
Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, either party may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice or CITY may, in its sole discretion, immediately terminate this Agreement without notice if VENDOR misses three confirmed meetings in any twelve-month period.

CITY shall compensate VENDOR for any product delivered and/or for services rendered, and reimburse VENDOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

3. Compensation; Expenses; Payment. CITY shall compensate VENDOR for all products supplied or services performed by VENDOR hereunder as shown in Exhibit B attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services. In the event CITY desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by CITY’s City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the product to be delivered or services to be performed thereunder, the maximum 60 Request for Proposals – Video Technician Services
14 compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. VENDOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular business hours at VENDOR’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

7. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by VENDOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY

8. Relationship of Parties. It is understood that the relationship of VENDOR to the CITY is that of an independent contractor and all persons working for or under the direction of VENDOR are its agents or employees and not agents or employees of the CITY.

9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

VENDOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.

10. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act 61 Request for Proposals – Video Technician Services
15 or omission, or willful misconduct of VENDOR, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of VENDOR to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require VENDOR to indemnify CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

VENDOR’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

11. Insurance. VENDOR shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to VENDOR’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General $1,000,000 per occurrence and
Liability $2,000,000 aggregate for bodily
injury, personal injury and
property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage
(coverage required to the extent
applicable to
VENDOR’s vehicle usage in
performing services hereunder)
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16 It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

VENDOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by VENDOR shall agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. VENDOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, VENDOR shall, on the Insurance Coverage form provided in Exhibit D, or equivalent, furnish CITY with certificates and copies of all declaration and endorsement pages for the insurance policy or policies required hereunder. With respect to commercial general liability and automobile liability insurance coverage, VENDOR must obtain and provide the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) Naming the CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing the additional insured coverage under VENDOR’s insurance policy shall be primary and non-contributory insurance with respect to CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall 63 Request for Proposals – Video Technician Services
17 be in excess of VENDOR’s insurance and not contributory with it.

VENDOR and its insurer may not seek contribution from CITY’s insurance or self-insurance.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured.

All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named VENDOR/Named Insured or CITY.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub- subcontractors to the extent that they apply to the scope of the sub- subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

VENDOR shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event VENDOR fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by VENDOR.

12. WORKERS' COMPENSATION. VENDOR certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and VENDOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

13. NON-DISCRIMINATION. The VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex 64 Request for Proposals – Video Technician Services
18 or national origin. The VENDOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The VENDOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The VENDOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause.

14. Notice. All notices required by this Agreement shall be given to the CITY and VENDOR in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: _____________
VENDOR: Name
Address
City, State, Zip
Attention: _____________
Email Address:_________

15. Non-Assignment. This Agreement is not assignable either in whole or in part.

16. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

17. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

18. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
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19 19. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall 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, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

20. Conflict of Interest. VENDOR may serve other clients, but none who are active within the City of Foster City or who conduct business that would place VENDOR in a "conflict of interest" as that term is defined in State law.

21. Entire Agreement. This Agreement, including Exhibits A, B C, D, and E, comprises the entire Agreement.
66 Request for Proposals – Video Technician Services
20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ _______________________, City Manager
(for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]
Dated: _________________________________ Richa Awasthi, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR
Dated:

Type Name & Title of VENDOR Authorized to
Sign
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21 EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR
[ENTER PROJECT TITLE]
Scope of Deliverables:

Scope of Services:

Project Schedule
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22 EXHIBIT B
VENDOR’S FEES and PAYMENT MILESTONES
Summary
Total Contract Services
Itemized Fees
Project Payment Schedule
Milestone Amount of Payment
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23 EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
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24 EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) 71 Request for Proposals – Video Technician Services
25 ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:
72 DATE: January 18, 2022

TO: Mayor and Members of the City Council

FROM: Kevin Miller, Interim City Manager
Tiffany Oren, Recreation Manager

SUBJECT: PARKS AND RECREATION DEPARTMENT 2022

FUNDRAISING PLAN

RECOMMENDATION
It is recommended that the City Council approve a resolution approving the Parks and Recreation Department 2022 Fundraising Plan.

EXECUTIVE SUMMARY
In 2020, the City Council approved new Donation and Sponsorship Policies that require that, before any donation or sponsorship is solicited, the intent to request funds be detailed in an approved Fundraising Plan.

The Parks and Recreation Department relies upon sponsorships, in which structured recognition is provided, and donations, for which there is no obligation for recognition, to support the programs that it offers. Sponsorships are typically solicited for the larger City-wide special events, while some smaller events and some programs receive smaller monetary donations or donations of in-kind goods to be used as giveaways and prizes at events.

The Parks and Recreation Department’s 2022 Fundraising Plan that is included as Attachment 2 to this report outlines the events and programs for which staff proposes to solicit sponsorships and donations during the 2022 calendar year. Upon approval by the City Council, staff will proceed to administer fundraising activities according to this plan and the requirements of the Donation and Sponsorship Policies.
73 BACKGROUND
The City has historically collected financial and in-kind contributions from businesses and individuals in exchange for recognition at certain special events (sponsorships) as well as donations towards events and programs where no structured recognition is offered. In 2020, consultants engaged by the City reviewed the City’s sponsorship policies, practices, and procedures and made several “best practice” recommendations, including new requirements in section 4.03 of both the Donation and the Sponsorship Policy that, “before any Donation or Sponsorship is solicited, the intent to request funds shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. Thereafter, solicitation activities shall be conducted under the direct supervision of the Department Director and the general direction of the City/District Manager.”

ANALYSIS
The Parks and Recreation Department relies upon sponsorships in which structured recognition is provided, and donations, for which there is no obligation for recognition, to support its events and program offerings.

Sponsorships are typically solicited for larger City-wide special events, while some smaller events and programs receive smaller monetary donations or donations of in-kind goods to be used as giveaways and prizes. Sponsorships and donations may support the overall cost of a public event or may support fundraising efforts for the Youth and Teen Foundation, which offsets the general fund impact of Recreation programs.

The Parks and Recreation Department also administers the City’s memorial bench and veterans honor wall programs wherein individuals and organizations may donate to honor others in their circle of influence. These donations are used to maintain the dedicated veterans wall and the memorial benches. Currently there are around 100 memorial benches throughout the Park System and over 150 veterans wall name plates.

The attached Fundraising Plan outlines the events for which Parks and Recreation proposes to solicit sponsorships and donations during the 2022 calendar year. Upon approval by the City Council, staff will administer fundraising activities in accordance with this plan, the requirements in the Donation and Sponsorship policies, the Citywide Records Retention Schedule and other relevant policies, regulations, and laws.
74 FISCAL IMPACT
This Fundraising Plan is similar to activities undertaken in previous years.

While actual amounts vary from year to year, there is some value in a historical perspective.
So far in Fiscal Year 2021-2022, the Parks and Recreation Department has collected about $3,156.
In Fiscal Year 2020-2021, which was impacted, especially during the beginning of the fiscal year, by the Health Orders associated with the COVID-19 pandemic, the Recreation Division collected
approximately $3,000 in sponsorships and donations for special events and programs. This total does not include revenues from the 50th Anniversary store and events. The Parks Division collected approximately $18,250 in memorial benches and Veterans Honor Wall donations.
In Fiscal Year 2019-2020, which was heavily impacted during the second half of the year by the Health Orders associated with the COVID-19 pandemic, the Parks and Recreation Department
collected approximately $32,000 in sponsorships and donations, which consisted of $17,000 for special events, $11,500 for specific programs (senior and teen programming, parks projects) and $3,500 for memorial benches.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item aligns with the City Council’s Public Safety and Social Equity priority area as it cultivates and sustains social equity by establishing clear and fair policies and practices as it applies to fundraising is imperative to ensure fiscal responsibility.

Attachments:
Attachment 1 - Resolution
Attachment 2 - Parks and Recreation Department 2022 Fundraising Plan
75 RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE PARKS AND RECREATION DEPARTMENT 2022 FUNDRAISING PLAN

CITY OF FOSTER CITY
WHEREAS, the City Council approved updated Donation and Sponsorship Policies on November 16, 2020; and
WHEREAS, the Donation and Sponsorship Policies require that, before any donation or sponsorship is solicited, the intent to request funds be detailed in an approved Fundraising Plan; and
WHEREAS, the Parks and Recreation Department relies upon sponsorships and donations to support the programs and events that it offers; and WHEREAS, the Fundraising Plan outlines the programs and events for which the Parks and Recreation Department proposes to solicit sponsorships and donations during the 2022 calendar year; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the Parks and Recreation Department 2022 Fundraising Plan. 76 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
77 Attachment 2
Parks and Recreation Department
2022 Fundraising Plan
This Fundraising Plan is prepared pursuant to policies adopted by the City Council on November 16, 2020, which directs that, “before any Donation or Sponsorship is solicited, the intent to request funds shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. Thereafter solicitation activities shall be conducted under the direct supervision of the Department Director and the general direction of the City/District Manager.” (reference Section 4.03 in both the Donation and Sponsorship policies). Only prospective sponsors who are in good financial standing with the City with no outstanding debts will be allowed to participate in any sponsorship opportunity.

Annual Community-Wide Special Events with Formalized Sponsorship Tiers Staff is authorized to solicit sponsors for the Summer Concert Series and the Summer Days Festival in the amounts and for the recognition outlined below. Contributors will be required to sign a Fundraising Agreement and pay their agreed upon payment(s) prior to public acknowledgement. Records showing that benefits were conferred as outlined in the Fundraising Agreement will be maintained in accordance with the Citywide Records Retention Program. Staff is authorized to allow groups selling food at events to donate a percentage of their receipts to the City. Funds may be allocated to the Community Benefit Program (005) or the Foster City Foundation Fund (116).

Annual Community-wide Event
Sponsorship Amount
Benefits
Title Sponsor Contribution of
$5,000+
 Identified as the event Title Sponsor on all promotional materials
 Name and logo on all promotional materials and in the Activity Guide
 Name on the Parks and Recreation Department website with a link to organization’s website
 Privilege to hang a banner or have a table or space to promote organization at the event
 One free rental for Leo Ryan or Boothbay ParkGold Sponsor Contribution of $3,000-$4,999
 Organization’s name and logo on all promotional materials and in the Activity Guide
 Organization’s name on the Parks and Recreation
Department website
 Privilege to hang a banner at the event
Silver Sponsor
Contribution of $1,000-$2,999
 Mention in all promotional materials and the Activity Guide  Organization’s name on the Parks and Recreation
Department website
 Privilege to hang a banner at the event
Friendship Level Contribution
of $100-$999
 Mention in selected promotional materials
 Organization’s name on the Parks and Recreation
Department website
78 Annual Smaller Special Events with Formalized Sponsorship Tiers Staff is authorized to solicit sponsors for the Fourth of July, Family Overnighter, Community Bike Ride, Halloween Festival and the Holiday Tree Lighting events in the amounts and for the recognition outlined below. Contributors will be required to sign a Fundraising Agreement and pay their agreed upon payment(s) prior to public acknowledgement. Records showing that benefits were conferred as outlined in the Fundraising Agreement will be maintained in accordance with the Citywide Records Retention Program.

Annual Smaller Event
Sponsorship Amount
Benefits
Gold Sponsor
Contribution of $500+
 Silver Level Benefits, plus
 Title Sponsor recognition on marketing materials
 Organization website linked on event website
Silver Sponsor
Contribution of $350-499
 Bronze Level benefits, plus
 Mention in all promotional materials and the Activity Guide  Organization banner displayed at event
 Opportunity to have an informational table at event
Bronze Level
Contribution of $200-$349
 Recognition at event via Community Event Sponsorship sign  Live recognition at event
 Listed as sponsor on event website
Voluntary Donor
Contributions less than $100
In-kind donations
 Voluntary donations for less than $100 will be recognized via thank you letters. Donors will not be recognized as sponsors.

Other Events
Staff is authorized to accept raffle prizes or in-kind donations with a value of less than $100 for special events. The City Manager is authorized to accept financial or in-kind contributions with a value of $100 to less than $1,000 where there is no expectation of recognition, but where verbal thanks and/or acknowledgement of the contribution may be given at the associated event, with a small sign on a donated item, listing in day-of-event program materials, if any, and/or mention on the event website.

These contributions are expected to consist of in-kind donation of giveaways and prizes and/or small financial sums to support the purchase of event giveaways and prizes. The donor must sign an acknowledgement that they are considered donors rather than sponsors prior to acceptance of the contribution or any public acknowledgement. Some examples of these types of events include but are not limited to:
 Kite Day
 Customer Appreciation Month
 Family Fun Friday
 Holiday Home Decorating Contest
 Letters to Santa
 National Parks and Recreation Month
 Neighborhood Egg Hunt
 Rec N Roll
 Tie Dye Event
 Family Fun Friday
 Drive-in Movie Nights
 Pop of Joy Campaign
 Virtual Bike Ride
 Virtual Egg Hunt
 Walking in a Winter Wonderland
 Virtual Bingo
 Virtual Trivia
 Other pop-up events
79 Fundraisers for Non-Profits
The Youth Advisory Committee is authorized to hold fundraising events for local non-profit organizations that are not associated with the City of Foster City. While fundraising for outside groups is not directly addressed in the Sponsorship and Donation Policy, by approving this fundraising plan, the City Council approves donations or sponsorships toward non-profit fundraisers where the only acknowledgement of donors and sponsors consists of announcements at the event and/or mention on the program materials.

Further, the Parks and Recreation Department is authorized to host events to benefit the Foster City Foundation, so long as related expenses shall also come from the Foundation. Examples of these events have included the annual Halloween Festival and Youth Advisory Committee Spaghetti Feed.

Memorial Benches
Donations of $3,500 are authorized to be accepted for installation costs and to maintain Memorial Benches. Recognition will be granted in the form of a nameplate/plaque on a bench of the donor’s choice Within the limits of the Memorial Bench Policy. Through adoption of this fundraising plan, the City Council authorizes the Department Head or his/her designee to approve expenditures from the Foster City Foundation Fund (116) for materials related to this specific program up to the limits set forth in the City’s Purchasing Policy. The additional City Manager approval identified in the Sponsorship and Donation Policies is waived.

Veterans Honor Wall Nameplates
Donations of $250 are authorized to be accepted for construction costs and to maintain the Veterans Honor Wall. Recognition will be granted in the form of a nameplate on the wall of an eligible resident or employee of Foster City who served in the armed forces. Through adoption of this fundraising plan, the City Council authorizes the Department Head or his/her designee to approve expenditures from the Foster City Foundation Fund (116) for materials related to this specific program up to the limits set forth in the City’s Purchasing Policy. The additional City Manager approval identified in the Sponsorship and Donation Policies is waived.
80 DATE: January 18, 2022

TO:

Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

FROM: Kevin Miller, Interim City Manager
Julie Paping, Interim Principal Management Analyst

SUBJECT: AMENDING THE DONATION POLICY AND SPONSORSHIP
POLICY

RECOMMENDATION

It is recommended that the City Council/EMID Board of Directors (City Council) adopt the attached resolutions approving amendments to the City’s Donation Policy and Sponsorship Policy.

EXECUTIVE SUMMARY
The City Council adopted the current Donation Policy and Sponsorship Policy at its Regular Meeting on November 16, 2020. After reviewing the policies, Staff is recommending changes to both policies. Those changes are included in the attached redline versions of the policies (Attachments 5 & 6).

BACKGROUND AND ANALYSIS

On November 16, 2020, the City Council adopted the current Donation Policy and Sponsorship Policy. After reviewing the policies, Staff is now proposing the following changes for City Council consideration:
81 Donation Policy
Amend Section 2.01 (definition of Donation) to read: Donation: A contribution to the City/District that is made without expectation of a reciprocal benefit or structured recognition. Nothing in this policy shall preclude the verbal thanking of donors by name at a gathering or event to which donated funds have been contributed. Donations may be restricted or unrestricted by the Donor. Donations may be solicited or unsolicited.
Amend Section 7.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs
Sponsorship Policy
Amend Section 4.03 to read: Before any Sponsorship Opportunity is offered, the opportunity shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. At that time, the City Council/District Board shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Fundraised revenue. Thereafter, the plan shall be implemented under the direct supervision of the Department Director and the general direction of the City/District Manager.
Addition of Section 5.02: No individual or organization that owes an outstanding sponsorship balance of any amount to the City of Foster City or Estero Municipal Improvement District shall be approved as a sponsor.
Amend Section 11.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.
Amend Section 12.05 to remove reference to Section 5.11. 82 Eliminate Section 12.06 (now captured in Section 4.03) The addition of Section 5.02 to the Sponsorship Policy ensures sponsors are in good standing with the City addressing concerns previously raised by City Council. The changes to Section 11.03 of the Sponsorship Policy and Section

7.03 of the Donation Policy help streamline the internal processes related to the Memorial Bench and Veterans Wall programs. The amendments enable designated members of staff upon receipt of a donation for the specific purpose of purchasing a memorial plaque, for example, to make the purchase without first having to receive City/District Manager approval. This would only apply to expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.

The original Donation Policy and Sponsorship Policy and the redlined versions of both policies, including the changes noted above, are attached for City Council’s review.

FISCAL IMPACT

There is no direct cost associated with adopting the amended policies; however, the changes to the policies could minimally impact the City/District’s fundraising activities.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment with the City Council’s Staff Empowerment and Operational Excellence strategic priority. Updating the Donation and Sponsorship policies as outlined above promotes efficiency and empowers staff authorized by the City/District Manager to make decisions related to the use of funds for the Memorial Bench and Veterans Wall programs.

Furthermore, ensuring sponsors are in good standing is best practice and supports the commitment to operational excellence.

Attachments:
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Donation Policy
Attachment 4 – Sponsorship Policy
83 Attachment 5 – Redline Donation Policy
Attachment 6 – Redline Sponsorship Policy
84 RESOLUTION NO._________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AMENDING

THE DONATION POLICY AND SPONSORSHIP POLICY

CITY OF FOSTER CITY
WHEREAS, the City Council adopted a Fundraising Policy on January 18, 2011 and updated that policy on October 1, 2012; and
WHEREAS, the City Council commissioned a review of its Sponsorship Program and has received recommendations for “best practices” to be included in the Fundraising Policy; and
WHEREAS, one of those recommendations was to bifurcate the Donation Policy from the Sponsorship Policy in order to provide clearer and more nuanced guidance for these very different types of fundraising activities; and WHEREAS, the City Council rescinded all previously approved Fundraising Policies and adopted a new Donation Policy and Sponsorship Policy on November 16, 2020; and
WHEREAS, Staff now recommends updates to the Donation Policy and Sponsorship Policy as follows:

Donation Policy
Amend Section 2.01 to read: Donation: A contribution to the City/District that is made without expectation of a reciprocal benefit or structured recognition. Nothing in this policy shall preclude the verbal thanking of donors by name at a gathering or event to which donated funds have been contributed. Donations may be restricted or unrestricted by the Donor. Donations may be solicited or unsolicited. Amend Section 7.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs
Sponsorship Policy
Amend Section 4.03 to read: Before any Sponsorship Opportunity is offered, the opportunity shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. At that time, the City Council/District Board shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Fundraised revenue. Thereafter, the plan shall be implemented under the direct supervision of the Department Director and the general direction of the City/District Manager.
85 Addition of Section 5.02: No individual or organization that owes an outstanding sponsorship balance of any amount to the City of Foster City or Estero Municipal Improvement District shall be approved as a sponsor.
Amend Section 11.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.
Amend Section 12.05 to remove reference to Section 5.11 Eliminate Section 12.06
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby amend the Donation Policy and Sponsorship Policy.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

RICHA AWASTHI, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK
86 RESOLUTION NO._________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AMENDING THE DONATION POLICY AND

SPONSORSHIP POLICY

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the EMID Board of Directors originally adopted a Fundraising Policy by District Resolution 3123; and
WHEREAS, the EMID Board of Directors commissioned a review of its Sponsorship Program and has received recommendations for “best practices” to be added to the Fundraising Policy; and
WHEREAS, one of those recommendations was to bifurcate the Donation Policy from the Sponsorship Policy in order to provide clearer and more nuanced guidance for these very different types of fundraising activities; and WHEREAS, the EMID Board of Directors rescinded all previously approved Fundraising Policies and adopted a new Donation Policy and Sponsorship Policy on November 16, 2020; and
WHEREAS, staff now recommends updates to the Donation Policy and Sponsorship Policy as follows:

Donation Policy
Amend Section 2.01 to read: Donation: A contribution to the City/District that is made without expectation of a reciprocal benefit or structured recognition. Nothing in this policy shall preclude the verbal thanking of donors by name at a gathering or event to which donated funds have been contributed. Donations may be restricted or unrestricted by the Donor. Donations may be solicited or unsolicited. Amend Section 7.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.

Sponsorship Policy
Amend Section 4.03 to read: Before any Sponsorship Opportunity is offered, the opportunity shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. At that time, the City Council/District Board shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Fundraised revenue. Thereafter, the plan shall be implemented under the direct supervision of the Department Director and the general direction of the City/District Manager.
87 Addition of Section 5.02: No individual or organization that owes an outstanding sponsorship balance of any amount to the City of Foster City or Estero Municipal Improvement District shall be approved as a sponsor.
Amend Section 11.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.
Amend Section 12.05 to remove reference to Section 5.11 Eliminate Section 12.06
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby amend the Donation Policy and Sponsorship Policy.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 18 th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY
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ONATION POLICY
City of Foster City/Estero Municipal Improvement District 1 .0 PURPOSE

1. 01 This policy provides a framework for the solicitation and handling of Donations to the City of Foster City/Estero Municipal Improvement District consistent with City Council/District Board direction, City/District policies and procedures and applicable laws. Since different forms of Donation may present different opportunities and challenges, this policy establishes a framework for soliciting and accepting Donations in a manner that addresses the economic, procedural and legal issues that may be associated with Donations.

1. 02 This policy does not provide guidance for soliciting and handling sponsorships that provide a reciprocal benefit in the form of structured recognition. Sponsorships are addressed in the separate City of Foster City/Estero Municipal Improvement District Sponsorship Policy.

1. 03 This policy does not provide guidance for the donation of volunteer services.

1. 04 This policy does not provide guidance for the receipt and handling of gifts to individual City Councilmembers/District Board members , members of staff or employee groups, which is addressed in a separate policy.
2 .0 DEFINITIONS

2. 01 Donation: A c ontribution to the City/District that is made without expectation of a reciprocal benefit or structured recognition. Donations may be restricted or unrestricted by the Donor. Donations may be solicited or unsolicited.

2. 02 Donor: An organization or individual who provides the City/District, or one department, program or activity of the City/District, an item, funds or service without expectation of significant benefit or recognition.

2. 03 Fundraising: Any activity conducted with the intent of generating funds from sources outside of the City/District for the City/District or a particular Department, program or activity of the City/District. Fundraising activities may include, but are not limited to endowment programs, program adoption or pledge drives, and/or contacting individuals, companies, foundations, or other entities with the primary purpose of seeking financial support for the City/District in the form of Donations or Sponsorships.

Attachment 3
89 City of Foster City/EMID
Donation Policy

2.04 Fundraising Plans: Written documents approved by the City Council /District Board that specify activities for which Donations or Sponsorships may be sought, the type of Sponsor recognition that may be granted for different types and amounts of Sponsorships and the conditions for acceptance of funds.

2.05 In-Kind Contribution: A contribution other than cash or real property, which would serve a useful purpose in the provision of City/District services. Examples of In-Kind Contributions may include equipment, materials, or services.

2.06 Investment Security Donations: A contribution of investment securities, including but not limited to stocks, bonds, notes, mutual funds, and money market funds.

2.07 Restricted Donation: A Donation made to the City/District where the Donor has provided the Donation for a specified stated purpose.

2.08 Unrestricted Donation: A Donation made to the City/District where the Donor has placed no limitation on its use.

3.0 GENERAL PROVISIONS

3.01 Donors shall not expect, nor shall the City/District grant, any consideration in relation to City/District procurement, regulatory activities, or any other business, services and operations of the City/District. When possible, Donations should come with a signed statement acknowledging that the donation is being made with no expectation of recognition.

3.02 No action shall be taken which actually does or gives the appearance that persons or entities that do not provide Donations are treated less favorably or are at a competitive disadvantage in conducting their business with the City/District than those who do provide Donations.

3.03 All Donations must be for a purpose directly related to providing goods or services to the public or for another valid public purpose, and may not be used for personal financial gain of any City/District employee, elected or appointed official.

4.0 DONATION SOLICITATION GUIDELINES

4.01 Members of the City Council/District Board and Planning Commission shall not request Donations from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.02 City/District employees working in an enforcement or regulatory position shall not request Donations from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.03 Before any Donation is solicited, the intent to request funds shall be detailed in a Fundraising Plan that is approved by the City Council /District Board . T hereafter 90 City of Foster City/EMID
Donation Policy

solicitation activities shall be conducted under the direct supervision of the Department Director and the general direction of the City/District Manager.

4.04 Any person permitted under this policy to solicit Donations shall maintain the highest standard of ethics in that solicitation . No employee , elected, or appointed official shall engage in Fundraising activities where they or their spouse, registered domestic partner or immediate family members have a conflict of interest, or the appearance of a conflict of interest would arise from their involvement in the activities.

4.05 Donations shall not be solicited under the guise, pretense , or presumption of receiving official City/District endorsement of the contributing party, product or activities.

4.06 Staff designated to oversee Fundraising activities shall ensure that the terms of any Fundraising Plan are consistent with applicable laws and City/District ordinances, plans and policies. These could include, but are not limited to, Municipal Code Section

12.04.030, Fair Political Practices Commission requirements, and City/District procurement requirements. Staff is encouraged to consult with the City/District Attorney in the preparation of Fundraising Plans and materials if there are any potential conflicts with applicable law.

5.0 ASSESSMENT OF IN-KIND AND RESTRICTED DONATIONS

5.01 The net benefit of a n In -Kind or Restricted Donation should be considered when determining whether to accept it . Net benefit includes all life cycle costs of ownership, including the administrative costs of obtaining the Donation , maintenance, repair and clean-up costs reasonably likely to be associated with the donated item, compliance with the restriction on the Donation, and any additional potential liability that the City/District may assume by accepting the Donation.

5.02 In-kind items contributed to the City/District must be safe and durable, and meet any applicable City/District design or quality specifications, standards, and policies.

5.03 The City/District may accept In -Kind Donations with the understanding that such items have a useful life, and that the City/District assumes no responsibility for upkeep or replacement. Once a Donation is accepted, it becomes City/District property and may be maintained, replaced or disposed as the City/District deems appropriate, subject to explicit Donor restrictions stated prior to accepting the Donation.

5.04 If a Donation of personal property or of a service does not result in the City/District receiving the indemnification, insurance, bonding or warranties that it would normally receive through procurement of the personal property or service, the absence of those factors, and the potential costs and liabilities associated therewith shall also be considered.

5.05 Any Department considering acceptance of a Donation shall consult with other Departments that could be affected by acceptance of the Donation. For example, other 91 City of Foster City/EMID
Donation Policy

Departments may incur costs to provide management, support, maintenance, and repair or enforcement activity in relation to a Donation.

6.0 AUTHORITY TO ACCEPT DONATIONS

6.01 The City/District Manager is authorized to accept unsolicited Donations not to exceed $30,000.

6.02 The City Council/District Board's approval of a Fundraising Plan will serve as acceptance of solicited Donations not to exceed $30,000.

6.03 The City Council/District Board must accept all Donations, solicited or unsolicited, with a value exceeding $30,000.

6.04 The City Council/District Board must accept any donation by a n elected or appointed official or City/District employee (as an individual or on behalf of their business).

6.05 Any Donation that, if accepted, would obligate the City/District to enter into a service or procurement agreement shall not be considered a Donation and shall be subject to the City/District procurement process.

6.06 The City/District may accept Donations that enhance services or reduce costs that the City/District would incur in the absence of its acceptance, or that otherwise provide a significant enhancement to the City/District.

6.06.01 Donations may offset existing costs, but may not be relied upon within the annual budget to support services or staff that incur on-going costs.

6.06.02 Donations may not be used to implement new on -going programs or services unless a permanent source of revenue is identified to support the program or service.

6.07 All Donations received by check, cash, wire transfer or electronic payment shall be deposited in the Foster City Foundation Fund. The Donor’s intent for use of the funds, if any, shall be established for each Donation and recorded in subaccounts that reflect the intent of the funders (e.g., Foster City Youth and Teen Foundation, GREAT Program, etc.)

6.08 Pursuant to Chapter 3.40.020 of the Foster City Municipal Code, real property may be contributed by individuals or organizations to the City/District provided it will not expose the City/District to litigation or liability because of the physical condition of the property or the existence of claims, liens and encumbrances against the property.

6.09 The Finance Director or designee shall comply with the IRS regulations for issuance of receipts for tax purposes to Donors that meet or exceed the IRS-defined annual Donation amount. Donations to the City/District less than the IRS-defined annual Donation amount will be acknowledged to the extent possible, but acknowledgement can be waived at the discretion of the City/District Manager or designee.
92 City of Foster City/EMID
Donation Policy

6.10 It will be the responsibility of the respective Department D irector to ensure that proper City/District officials are informed of Donations, that Donations are properly acknowledged and that timely reports are made.

6.11 The City Council/District Board shall review the results of the current year's Fundraising on an annual basis. At that time, it shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Donated revenue in the next fiscal year.

7.0 USE OF DONATIONS

7.01 Pursuant to Chapter 3.40.040 of the Foster City/District Municipal Code, Donations shall, to the extent possible, be used to carry out the wishes of the Donor, if so stated; however, where this is not possible, the doctrine of Cy Pres (implementation as nearly as possible in conformity with the intention of the Contributor) shall apply.

7.02 The City Council/District Board as Trustees of the City/District Foundation shall approve any expenditure of City/District Foundation Funds exceeding $30,000.

7.03 The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000.

7.04 Once the City/District receives ownership of an Investment Security Donation , the City/District shall handle the security in accordance with its Investment Policy.

8.0 ACCOUNTING AND RECORD KEEPING

8.01 City Councilmembers/District Board members and appointed City /District officials are responsible for reporting Fundraising activities as required by applicable laws and regulations.

8.02 The City/District shall maintain records that provide an audit trail for the receipt of all Donations and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency.

8.03 The Donors’ intent for the use of Donation s shall be established for each Donation and recorded in the appropriate subaccount.

8.04 All revenue, products, and services received from Donors shall be recorded and maintained for at least the expected life of the item or service, or for a specific time frame that has been established in the City/District Records Management Policy.

8.05 Monetary Donations of any amount may be paid for by check payable to the City of Foster City. Donations not to exceed $30,000 may be paid through Electronic Payment Providers through accounts set up for that purpose. If Electronic Payment options are made 93 City of Foster City/EMID
Donation Policy

available, it shall be indicated, in a way that is evident to potential donors, that a portion of the donation will be retained by the Electronic Payment Provider as its fee. Donations exceeding $30,000 may be made by check or may be made by wire transfer if the donation is accepted by the City Council/District Board prior to the transfer. Acceptance of cash will only be allowed if approved in advance by the Finance Director.

8.06 A record of all Donations including name, type, contact name if a company, amount, and disposition shall be kept up-to-date and accurate by the Finance Department.

8.07 Within ninety (90) days after the end of the fiscal year, the Finance Director shall issue to the City Council/District Board an annual report summarizing the financial activity (e.g., Donations received, expenditures made, current balances, etc.) of the Foster City Foundation Fund for that fiscal year. This report may contain a report of In-Kind Donations as well.
94 95
RESOLUTION NO. 3545

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT RESCINDING FUNDRAISING POLICIES PREVIOUSLY

ADOPTED BY ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND ADOPTING A

NEW DONATION POLICY AND A NEW SPONSORSHIP POLICY TO GUIDE THE

SOLICITATION AND ACCEPTANCE OF DONATIONS AND SPONSORSHIPS BY THE

DISTRICT

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

WHEREAS, the EMID Board of Directors originally adopted a Fundraising Policy by District Resolution 3123; and

WHEREAS, the EMID Board of Directors commissioned a review of its Sponsorship Program and has received recommendations for “best practices” to be added to the Fundraising Policy; and

WHEREAS, one of those recommendations was to bifurcate the Donation Policy from the Sponsorship Policy in order to provide clearer and more nuanced guidance for these very different types of fundraising activities.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby rescind all previously adopted Fundraising Policies and adopts a new Donation Policy and a new Sponsorship Policy to guide the Estero Municipal Improvement District board , commissions, committees and staff in the solicitation and handling of donations and sponsorships.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 16th day of November, 2020, by the following vote:

AYES: Directors Awasthi, Froomin, Gehani, Hindi, and President Mahanpour

NOES: None

ABSENT: None

ABSTAIN: None

_ _____

CATHERINE MAHANPOUR, PRESIDENT

ATTEST:

_

PRISCILLA SCHAUS, DISTRICT SECRETARY

DocuSign Envelope ID: 73F8150B-2723-41F0-AFF7-8CA61DFF5DBD 96 P
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PONSORSHIP POLICY
City of Foster City/Estero Municipal Improvement District 1 .0 PURPOSE

1. 01 This policy provide s a framework for the generation of revenue to the City of Foster City/Estero Municipal Improvement District through Sponsorships that provide a reciprocal benefit in the form of structured recognition that are consistent with City Council/District Board direction, existing City/District policies and procedures and applicable laws.

1. 02 This policy is not intended to provide guidance for soliciting and handling Donations that do not provide a reciprocal benefit in the form of structured recognition. Donations are addressed in a separate Donation Policy.
2 .0 DEFINITIONS

2. 01 Fundraising: Any activity conducted with the intent of generating funds from sources outside of the City/District for the City/District or a particular Department, program or activity of the City/District. Fundraising activities may include, but are not li mited to endowment programs, program adoption or pledge drives, and/or contacting individuals, companies, foundations, or other entities with the primary purpose of seeking financial support for the City/District in the form of Donations or Sponsorships.

2. 02 Fundraising Plans: Written documents approved by the City Council/District Board that specify activities for which Donations or Sponsorships may be sought, the type of Sponsor recognition that may be granted for different types of Sponsorships and for different Sponsorship amounts and the conditions for acceptance of funds.

2. 03 In-Kind Contributions: A contribution other than cash or real property, which would serve a useful purpose in the provision of City/District services. Examples of In -Kind Contributions may include equipment, materials, or services.

2. 04 Sponsor: An organization or individual who provides a funding or In-Kind Contribution to the City/District or to a particular Department, program or activity of the City/District , with the expectation of a reciprocal benefit in the form of structured recognition.

2. 05 Sponsorship: A Sponsor's Contribution to a particular event, activity, program or facility, with expectation of a structured recognition of the Sponsor by the City/District for the Contribution.

Attachment 4
97 City of Foster City/EMID
Sponsorship Policy

2.06 Sponsorship Agreement: A written agreement between the City/District and an organization or individual whereby the organization or individual agrees to provide a Contribution to the City/District in exchange for recognition rights related to specific, identified City/District initiatives. A Sponsorship Agreement may permit a limited form of promotional opportunity as listed in section 8.03, in exchange for the Contribution provided to the City/District, subject to the terms of this Policy.

3.0 GENERAL PROVISIONS

3.01 All Sponsorships must be for a purpose directly related to providing goods or services to the public or for another valid public purpose, and may not be used for personal financial gain of any City/District employee, elected, or appointed official.

3.02 Sponsors shall not expect, nor shall the City/District grant, any extra consideration beyond that which is detailed in the Sponsorship Agreement in relation to City/District procurement, regulatory activities, or any other business, services and operations of the City/District.

3.03 No action shall be taken which actually does or gives the appearance that persons or entities that do not provide Sponsorships are treated less favorably or are at a competitive disadvantage in conducting their business with the Cit y/District than those who do provide Sponsorships.

3.04 City Council/District Board members and appointed City/District officials are responsible for reporting Fundraising activities as required by applicable laws and regulations.

4.0 SPONSORSHIP SOLICITATION

4.01 Members of the City Council/District Board and Planning Commission shall not solicit Sponsorships from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.02 City/District employees working in an enforcement or regulatory position shall not solicit Sponsorships from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.03 Before any Sponsorship Opportunity is offered , the opportunity shall be detailed in a Fundraising Plan that is approved by the City Council/District Board and thereafter implemented under the direct supervision of the Department Director and the general direction of the City/District Manager.

4.04 Staff d esignated to oversee Fundraising activities shall ensure that the terms of any Fundraising Plan and its provision for structured recognition are consistent with applicable laws and City/District ordinances, plans and policies. These could include, but are not limited to, Municipal Code Section 12.04.030, Fair Political Practices Commission requirements, and City/District procurement requirements. Staff is encouraged to consult with the City /District Attorney in the preparation of Fundraising Plans and 98 City of Foster City/EMID
Sponsorship Policy

materials if there are any potential conflicts with applicable law.

5.0 SPONSOR SELECTION

5.01 No political campaign or candidate for elective office shall be approved as a sponsor.

5.02 If multiple Sponsors desire to participate in a limited opportunity, the City Council/District Board shall select Sponsor(s) providing the greatest benefit to the City/District, and in consideration of the quality of product or service to be received by the City/District.

5.03 Sponsors may appeal decisions made in the implementation of this policy by City/District Staff to the City Council/District Board whose decision shall be final.

5.04 The Sponsor selection process shall be impartial, and compatible with other City/District Sponsorship relationships.

6.0 SPONSORSHIP AGREEMENTS

6.01 With prior City Council/District Board approval of a Fundraising Plan and after the selection of any Sponsor is complete, the respective obligations of the Sponsor and the City/District shall be set forth in a written agreement. Sponsorship agreements are required of all Sponsors. Agreements must be signed and payments made in advance of the event to which they relate.

6.02 The City /District Manager shall approve Sponsorship Agreements with a value not to exceed $30,000.

6.03 The City Council /District Board shall approve Sponsorship Agreements with a value exceeding $30,000.

6.04 The City Council/District Board shall approve any donation or sponsorship by elected or appointed officials or City /District employees (as an individual or on behalf of their business).

6.05 Only Sponsorship revenue that has been formalized in a written agreement may be included in budget revenue forecasts unless specifically authorized by the City Council/District Board.

7.0 FUNDRAISING GUIDELINES

7.01 Upon approval of the City Council/District Board, Sponsorships may be sought on behalf of the City/District. Sponsorships may not be sought by members of the City Council/District Board or Planning Commission.

7.02 Sponsorships shall not be requested under the guise, pretense, or presumption of receiving official City/District endorsement of the contributing party, product or activities.

7.03 City staff and Advisory Committee members may only approach potential Sponsors 99 City of Foster City/EMID
Sponsorship Policy

pursuant to an approved Fundraising Plan approved by the City Council /District Board, and only if the Sponsorship is directly related to providing a good or service to the public.

7.04 Fundraising Plans shall specify the type of Sponsor recognition to be granted for different types of Contributions and for different Contribution amounts, the conditions for acceptance of funds, which conditions shall be fair, impartial and shall not discriminate on the basis of race, color, age, ancestry, religion, national origin, pre gnancy and perceived pregnancy, sex/ gender, military status, sexual orientation, genetic information/characteristics, marital status, medical condition (including cancer or record or history of cancer or AIDS/HIV status, or mental or physical disability of the proposed Sponsor. The City Council/District Board shall review and approve Fundraising Plans.

7.05 City/District employees working in an enforcement or regulatory position shall not solicit Sponsorships from the public on b ehalf of the City/District for the City/District, or any department, program or activity of the City/District.

7.06 Any person permitted under this policy to solicit Sponsorships shall maintain the highest standard of ethics in soliciting Sponsorships . No empl oyee or appointed official shall engage in Fundraising activities where they or their spouse, registered domestic partner or immediate family members have a conflict of interest, or the appearance of a conflict of interest would arise from their involvement in the activities.

8.0 SPONSORSHIP RECOGNITION

8.01 Sponsor recognition must be consistent with the Municipal Code and other laws and regulations, and with the guidelines in this policy. Sponsorships and Sponsor recognition may not be comprised of obscene or pornographic material. The City/District reserves the exclusive right to approve or deny any request for Sponsorship from any prospective Sponsor.

8.02 No benefit will be provided to a prospective sponsor until a Sponsorship Agreement has been executed and payment in full has been received.

8.03 The following are acceptable forms of Sponsor recognition:

8.03.01 Placement of logos and/or company names in signage and publicity, including press releases and materials posted on the FCTV bulletin board and/or websites maintained by the City/District.

8.03.02 Plaques I Memorials affixed on a donated item, on a Sponsorship wall, on a paving stone or memorial bench.

8.03.03 Named Endowments on a legacy that funds itself in perpetuity, like a camp scholarship.

8.03.04 Public recognition and thanking of Sponsors by the City Council/District Board or City Staff at public meetings or events.
100
City of Foster City/EMID
Sponsorship Policy

8.03.05 Other acknowledgements, public or private, approved by the City Council/District Board.

8.04 The following forms of recognition are not acceptable:

8.04.01 Naming rights to a City/District facility (disallowed under Municipal Code Section 12.04.030).

8.04.02 Publicity or "Air Time" given to the sponsor to promote themselves, their services/products or their views/opinions at a City Council/District Board meeting, press conference, public event or on-air, including broadcasting on FCTV, "Guest MC" at concerts, festivals and events, etc.

8.05 The City/District will provide the Sponsor with a letter of acknowledgement and a statement of the City/District's intended use in accordance with IRS regulations. If the Sponsor conveys funds through an Electronic Payment Provider, the electronic receipt from the Provider will serve as the required letter of acknowledgement. The tax deductibility of any Sponsorship is the exclusive responsibility of the Contributor.

8.06 Sponsorships shall be acknowledged in a timely manner after formal acceptance of the Sponsorship has taken place and in accordance with IRS regulations.

9.0 IN-KIND SPONSORSHIPS

9.01 In-Kind Contributions may be accepted as Sponsorships under the following conditions:

9.01.01 In-Kind Contributions are allowed in the Fundraising Plan.

9.01.02 The Department has obtained reasonable documentation of the value of the contribution and has ensured that the level of contribution and recognition is equitable with similarly situated Sponsors.

9.01.03 The In -Kind Contribution is used for the program, event or activity for which Sponsorships are being sought (e.g., contribution of ad space for an activ ity where the contribution will be acknowledged).

9.01.04 For all reporting purposes, the cash value of the In-Kind Contribution is used.

9.02 If a Contribution of personal property or of a service does not result in the City/District receiving the indemnificati on, insurance, bonding or warranties that it would normally receive through procurement of the personal property or service, the absence of those factors, and the potential costs and liabilities associated therewith shall be considered in determining whether to accept the In-Kind Contribution.

9.03 Any proposed In-Kind Contribution that, if accepted, would obligate the City/District to enter into a service or procurement agreement shall not be accepted as a contribution and shall be subject to the City/District procurement process. 101
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9.04 Any Department considering acceptance of a n In -Kind Contribution shall consult with other Departments that could be affected by acceptance of the Contribution. For example, if other Departments may incur costs to provide management, support, maintenance, and repair or enforcement activity of In-Kind Contribution.

9.05 In-Kind Contributions must be safe and durable, and meet any applicable City/District design or quality specifications, standards, and policies.

9.06 The City/District accepts In -Kind Contributions of materials with the understanding that such items have a useful life, and that the City/District assumes no responsibility for replacement or upkeep. Once a Contribution is accepted, it becomes C ity/District property and may be maintained, replaced or disposed as the City/District deems appropriate, subject to any Contributor restrictions.

10.0 AUTHORITY TO ACCEPT SPONSORSHIPS

10.01 The City Council/District Board's approval of a Fundraising Plan will serve as approval of Sponsorships not to exceed $30,000.

10.02 The City Council /District Board must approve all Sponsorships with a value exceeding $30,000.

10.03 The City/District may accept Sponsorships that enhance services or reduce costs that the City/District would incur in the absence of their acceptance, or that otherwise provide a significant enhancement to the City/District.

10.03.01 Sponsorships may offset existing costs, but may not be relied upon within the annual budget to support staffing of on-going operations.

10.03.02 Sponsorships may not be used to implement new on -going programs or services unless a permanent source of revenue is identified to s upport the program or services.

10.04 All cash Sponsorships received by check, cash, wire transfer or electronic payment shall be deposited in the Foster City Foundation Fund. The Sponsor’s intent for use of the funds shall be established and recorded in subacc ounts that reflect the intent of the funders (e.g., Special Events, Memorial Bench).

10.05 The Finance Director or designee shall comply with the IRS regulations for issuance of receipts for tax purposes to Sponsors that meet or exceed the IRS -defined annual Contribution amount. Contributions to the City /District less than the IRS-defined annual Contribution amount will be acknowledged at the discretion of the City/District Manager or designee.

10.06 The Department Director is responsible to ensure that Sponsors receive the structured recognition documented in the Sponsorship Agreement and to maintain proof of said structured recognition for the time period required by the City’s Records Retention Policy. 102
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11.0 USE OF SPONSORSHIPS

11.01 Sponsorships shall be used in the manner and for the program(s) or activity(ies) described in the Sponsorship Agreement.

11.02 The City Council/District Board as Trustees of the City/District Foundation shall approve any expenditure of City/District Foundation Funds exceeding $30,000 in compliance with the City’s purchasing ordinance and administrative policy.

11.03 The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000.

12.0 ACCOUNTING AND RECORD KEEPING

12.01 The City/District shall maintain records that provide an audit trail for the receipt of all Sponsorships and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency.

12.02 All Sponsorships shall be r ecorded and maintained for at least the expected life of the item or service, or for a specific time frame that has been established.

12.03 Monetary Sponsorships of any amount may be paid by check payable to the City of Foster City. Sponsorships not to exceed $30,000 may be paid through Electronic Payment Providers through accounts set up for that purpose. If Electronic Payment options are made available, it shall be indicated, in a way that is evident to Sponsors , that a portion of the Sponsorship will be retained by the Electronic Payment Provider as its fee.

Sponsorships exceeding $30,000 may be made by check or may be made by wire transfer based upon the City Council/District Board’s approval of the Sponsorship Agreement prior to the transfer. Acceptance of cash will only be allowed if approved in advance by the Finance Director.

12.04 A record of all open Sponsorships including name, type, contact name if a company, amount, and disposition of Sponsorship (future payments due) shall be kept up-to-date and accurate by both the receiving Department and the Finance Department.

12.05 Within ninety (90) days after the end of the fiscal year, the Finance Director shall issue to the City Council/District Board an annual report summarizing the financial activity (e.g., contributions received, expenditures made, current balances, etc.) of the Foster City Foundation Fund for that fiscal year as referenced in Section 5.11. This report may contain a report of In- Kind Contributions as well.

12.06 The City Council/District Board shall review the results of the current year's Fundraising on an annual basis as outlined in Section 9.05. At that time, it shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Fundraised revenue in the next fiscal year.

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RESOLUTION NO. 3545

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT RESCINDING FUNDRAISING POLICIES PREVIOUSLY

ADOPTED BY ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND ADOPTING A

NEW DONATION POLICY AND A NEW SPONSORSHIP POLICY TO GUIDE THE

SOLICITATION AND ACCEPTANCE OF DONATIONS AND SPONSORSHIPS BY THE

DISTRICT

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

WHEREAS, the EMID Board of Directors originally adopted a Fundraising Policy by District Resolution 3123; and

WHEREAS, the EMID Board of Directors commissioned a review of its Sponsorship Program and has received recommendations for “best practices” to be added to the Fundraising Policy; and

WHEREAS, one of those recommendations was to bifurcate the Donation Policy from the Sponsorship Policy in order to provide clearer and more nuanced guidance for these very different types of fundraising activities.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby rescind all previously adopted Fundraising Policies and adopts a new Donation Policy and a new Sponsorship Policy to guide the Estero Municipal Improvement District board , commissions, committees and staff in the solicitation and handling of donations and sponsorships.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 16th day of November, 2020, by the following vote:

AYES: Directors Awasthi, Froomin, Gehani, Hindi, and President Mahanpour

NOES: None

ABSENT: None

ABSTAIN: None

_ _____

CATHERINE MAHANPOUR, PRESIDENT

ATTEST:

_

PRISCILLA SCHAUS, DISTRICT SECRETARY

DocuSign Envelope ID: 73F8150B-2723-41F0-AFF7-8CA61DFF5DBD 105
Attachment 5

DONATION POLICY
City of Foster City/Estero Municipal Improvement District

1.0 PURPOSE

1.01 This policy provides a framework for the solicitation and handling of Donations to the City of Foster City/Estero Municipal Improvement District consistent with City Council/District Board direction, City/District policies and procedures and applicable laws. Since different forms of Donation may present different opportunities and challenges, this policy establishes a framework for soliciting and accepting Donations in a manner that addresses the economic, procedural and legal issues that may be associated with Donations.

1.02 This policy does not provide guidance for soliciting and handling sponsorships that provide a reciprocal benefit in the form of structured recognition. Sponsorships are addressed in the separate City of Foster City/Estero Municipal Improvement District Sponsorship Policy.

1.03 This policy does not provide guidance for the donation of volunteer services.

1.04 This policy does not provide guidance for the receipt and handling of gifts to individual City Councilmembers/District Board members, members of staff or employee groups, which is addressed in a separate policy.

2.0 DEFINITIONS

2.01 Donation: A contribution to the City/District that is made without expectation of a reciprocal benefit or structured recognition. Nothing in this policy shall preclude the verbal thanking of donors by name at a gathering or event to which donated funds have been contributed. Donations may be restricted or unrestricted by the Donor. Donations may be solicited or unsolicited.

2.02 Donor: An organization or individual who provides the City/District, or one department, program or activity of the City/District, an item, funds or service without expectation of significant benefit or recognition.

2.03 Fundraising: Any activity conducted with the intent of generating funds from sources outside of the City/District for the City/District or a particular Department, program or activity of the City/District. Fundraising activities may include, but are not limited to endowment programs, program adoption or pledge drives, and/or contacting individuals, companies, foundations, or other entities with the primary purpose of seeking financial support for the City/District in the form of Donations or Sponsorships. 106
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2.04 Fundraising Plans: Written documents approved by the City Council/District Board that specify activities for which Donations or Sponsorships may be sought, the type of Sponsor recognition that may be granted for different types and amounts of Sponsorships and the conditions for acceptance of funds.

2.05 In-Kind Contribution: A contribution other than cash or real property, which would serve a useful purpose in the provision of City/District services. Examples of In-Kind Contributions may include equipment, materials, or services.

2.06 Investment Security Donations: A contribution of investment securities, including but not limited to stocks, bonds, notes, mutual funds, and money market funds.

2.07 Restricted Donation: A Donation made to the City/District where the Donor has provided the Donation for a specified stated purpose.

2.08 Unrestricted Donation: A Donation made to the City/District where the Donor has placed no limitation on its use.

3.0 GENERAL PROVISIONS

3.01 Donors shall not expect, nor shall the City/District grant, any consideration in relation to City/District procurement, regulatory activities, or any other business, services and operations of the City/District. When possible, Donations should come with a signed statement acknowledging that the donation is being made with no expectation of recognition.

3.02 No action shall be taken which actually does or gives the appearance that persons or entities that do not provide Donations are treated less favorably or are at a competitive disadvantage in conducting their business with the City/District than those who do provide Donations.

3.03 All Donations must be for a purpose directly related to providing goods or services to the public or for another valid public purpose, and may not be used for personal financial gain of any City/District employee, elected or appointed official.

4.0 DONATION SOLICITATION GUIDELINES

4.01 Members of the City Council/District Board and Planning Commission shall not request Donations from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.02 City/District employees working in an enforcement or regulatory position shall not request Donations from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.03 Before any Donation is solicited, the intent to request funds shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. Thereafter, solicitation activities shall be conducted under the direct supervision of the Department 107
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Director and the general direction of the City/District Manager.

4.04 Any person permitted under this policy to solicit Donations shall maintain the highest standard of ethics in that solicitation. No employee, elected, or appointed official shall engage in Fundraising activities where they or their spouse, registered domestic partner or immediate family members have a conflict of interest, or the appearance of a conflict of interest would arise from their involvement in the activities.

4.05 Donations shall not be solicited under the guise, pretense, or presumption of receiving official City/District endorsement of the contributing party, product or activities.

4.06 Staff designated to oversee Fundraising activities shall ensure that the terms of any Fundraising Plan are consistent with applicable laws and City/District ordinances, plans and policies. These could include, but are not limited to, Municipal Code Section

12.04.030, Fair Political Practices Commission requirements, and City/District procurement requirements. Staff is encouraged to consult with the City/District Attorney in the preparation of Fundraising Plans and materials if there are any potential conflicts with applicable law.

5.0 ASSESSMENT OF IN-KIND AND RESTRICTED DONATIONS

5.01 The net benefit of an In-Kind or Restricted Donation should be considered when determining whether to accept it. Net benefit includes all life cycle costs of ownership, including the administrative costs of obtaining the Donation, maintenance, repair and clean-up costs reasonably likely to be associated with the donated item, compliance with the restriction on the Donation, and any additional potential liability that the City/District may assume by accepting the Donation.

5.02 In-kind items contributed to the City/District must be safe and durable, and meet any applicable City/District design or quality specifications, standards, and policies.

5.03 The City/District may accept In-Kind Donations with the understanding that such items have a useful life, and that the City/District assumes no responsibility for upkeep or replacement. Once a Donation is accepted, it becomes City/District property and may be maintained, replaced or disposed as the City/District deems appropriate, subject to explicit Donor restrictions stated prior to accepting the Donation.

5.04 If a Donation of personal property or of a service does not result in the City/District receiving the indemnification, insurance, bonding or warranties that it would normally receive through procurement of the personal property or service, the absence of those factors, and the potential costs and liabilities associated therewith shall also be considered.

5.05 Any Department considering acceptance of a Donation shall consult with other Departments that could be affected by acceptance of the Donation. For example, other Departments may incur costs to provide management, support, maintenance, and repair or enforcement activity in relation to a Donation.
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6.0 AUTHORITY TO ACCEPT DONATIONS

6.01 The City/District Manager is authorized to accept unsolicited Donations not to exceed $30,000.

6.02 The City Council/District Board's approval of a Fundraising Plan will serve as acceptance of solicited Donations not to exceed $30,000.

6.03 The City Council/District Board must accept all Donations, solicited or unsolicited, with a value exceeding $30,000.

6.04 The City Council/District Board must accept any donation by an elected or appointed official or City/District employee (as an individual or on behalf of their business).

6.05 Any Donation that, if accepted, would obligate the City/District to enter into a service or procurement agreement shall not be considered a Donation and shall be subject to the City/District procurement process.

6.06 The City/District may accept Donations that enhance services or reduce costs that the City/District would incur in the absence of its acceptance, or that otherwise provide a significant enhancement to the City/District.

6.06.01 Donations may offset existing costs, but may not be relied upon within the annual budget to support services or staff that incur on-going costs.

6.06.02 Donations may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or service.

6.07 All Donations received by check, cash, wire transfer or electronic payment shall be deposited in the Foster City Foundation Fund. The Donor’s intent for use of the funds, if any, shall be established for each Donation and recorded in subaccounts that reflect the intent of the funders (e.g., Foster City Youth and Teen Foundation, GREAT Program, etc.)

6.08 Pursuant to Chapter 3.40.020 of the Foster City Municipal Code, real property may be contributed by individuals or organizations to the City/District provided it will not expose the City/District to litigation or liability because of the physical condition of the property or the existence of claims, liens and encumbrances against the property.

6.09 The Finance Director or designee shall comply with the IRS regulations for issuance of receipts for tax purposes to Donors that meet or exceed the IRS-defined annual Donation amount. Donations to the City/District less than the IRS-defined annual Donation amount will be acknowledged to the extent possible, but acknowledgement can be waived at the discretion of the City/District Manager or designee.

6.10 It will be the responsibility of the respective Department Director to ensure that proper City/District officials are informed of Donations, that Donations are properly acknowledged and that timely reports are made.
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6.11 The City Council/District Board shall review the results of the current year's Fundraising on an annual basis. At that time, it shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Donated revenue in the next fiscal year.

7.0 USE OF DONATIONS

7.01 Pursuant to Chapter 3.40.040 of the Foster City/District Municipal Code, Donations shall, to the extent possible, be used to carry out the wishes of the Donor, if so stated; however, where this is not possible, the doctrine of Cy Pres (implementation as nearly as possible in conformity with the intention of the Contributor) shall apply.

7.02 The City Council/District Board as Trustees of the City/District Foundation shall approve any expenditure of City/District Foundation Funds exceeding $30,000.

7.03 The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.

7.04 Once the City/District receives ownership of an Investment Security Donation, the City/District shall handle the security in accordance with its Investment Policy.

8.0 ACCOUNTING AND RECORD KEEPING

8.01 City Councilmembers/District Board members and appointed City/District officials are responsible for reporting Fundraising activities as required by applicable laws and regulations.

8.02 The City/District shall maintain records that provide an audit trail for the receipt of all Donations and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency.

8.03 The Donors’ intent for the use of Donations shall be established for each Donation and recorded in the appropriate subaccount.

8.04 All revenue, products, and services received from Donors shall be recorded and maintained for at least the expected life of the item or service, or for a specific time frame that has been established in the City/District Records Management Policy. 111
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8.05 Monetary Donations of any amount may be paid for by check payable to the City of Foster City. Donations not to exceed $30,000 may be paid through Electronic Payment Providers through accounts set up for that purpose. If Electronic Payment options are made available, it shall be indicated, in a way that is evident to potential donors, that a portion of the donation will be retained by the Electronic Payment Provider as its fee. Donations exceeding $30,000 may be made by check or may be made by wire transfer if the donation is accepted by the City Council/District Board prior to the transfer. Acceptance of cash will only be allowed if approved in advance by the Finance Director.

8.06 A record of all Donations including name, type, contact name if a company, amount, and disposition shall be kept up-to-date and accurate by the Finance Department.

8.07 Within ninety (90) days after the end of the fiscal year, the Finance Director shall issue to the City Council/District Board an annual report summarizing the financial activity (e.g., Donations received, expenditures made, current balances, etc.) of the Foster City Foundation Fund for that fiscal year. This report may contain a report of In-Kind Donations as well.
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Attachment 6

SPONSORSHIP POLICY
City of Foster City/Estero Municipal Improvement District

1.0 PURPOSE

1.01 This policy provides a framework for the generation of revenue to the City of Foster City/Estero Municipal Improvement District through Sponsorships that provide a reciprocal benefit in the form of structured recognition that are consistent with City Council/District Board direction, existing City/District policies and procedures and applicable laws.

1.02 This policy is not intended to provide guidance for soliciting and handling Donations that do not provide a reciprocal benefit in the form of structured recognition. Donations are addressed in a separate Donation Policy.

2.0 DEFINITIONS

2.01 Fundraising: Any activity conducted with the intent of generating funds from sources outside of the City/District for the City/District or a particular Department, program or activity of the City/District. Fundraising activities may include, but are not limited to endowment programs, program adoption or pledge drives, and/or contacting individuals, companies, foundations, or other entities with the primary purpose of seeking financial support for the City/District in the form of Donations or Sponsorships.

2.02 Fundraising Plans: Written documents approved by the City Council/District Board that specify activities for which Donations or Sponsorships may be sought, the type of Sponsor recognition that may be granted for different types of Sponsorships and for different Sponsorship amounts and the conditions for acceptance of funds.

2.03 In-Kind Contributions: A contribution other than cash or real property, which would serve a useful purpose in the provision of City/District services. Examples of In-Kind Contributions may include equipment, materials, or services.

2.04 Sponsor: An organization or individual who provides a funding or In-Kind Contribution to the City/District or to a particular Department, program or activity of the City/District, with the expectation of a reciprocal benefit in the form of structured recognition.

2.05 Sponsorship: A Sponsor's Contribution to a particular event, activity, program or facility, with expectation of a structured recognition of the Sponsor by the City/District for the Contribution.
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2.06 Sponsorship Agreement: A written agreement between the City/District and an organization or individual whereby the organization or individual agrees to provide a Contribution to the City/District in exchange for recognition rights related to specific, identified City/District initiatives. A Sponsorship Agreement may permit a limited form of promotional opportunity as listed in section 8.03, in exchange for the Contribution provided to the City/District, subject to the terms of this Policy.

3.0 GENERAL PROVISIONS

3.01 All Sponsorships must be for a purpose directly related to providing goods or services to the public or for another valid public purpose, and may not be used for personal financial gain of any City/District employee, elected, or appointed official.

3.02 Sponsors shall not expect, nor shall the City/District grant, any extra consideration beyond that which is detailed in the Sponsorship Agreement in relation to City/District procurement, regulatory activities, or any other business, services and operations of the City/District.

3.03 No action shall be taken which actually does or gives the appearance that persons or entities that do not provide Sponsorships are treated less favorably or are at a competitive disadvantage in conducting their business with the City/District than those who do provide Sponsorships.

3.04 City Council/District Board members and appointed City/District officials are responsible for reporting Fundraising activities as required by applicable laws and regulations.

4.0 SPONSORSHIP SOLICITATION

4.01 Members of the City Council/District Board and Planning Commission shall not solicit Sponsorships from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.02 City/District employees working in an enforcement or regulatory position shall not solicit Sponsorships from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.03 Before any Sponsorship Opportunity is offered, the opportunity shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. At that time, the City Council/District Board shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Fundraised revenue. and tThereafter, the plan shall be implemented under the direct supervision of the Department Director and the general direction of the City/District Manager. At that time, it shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Fundraised revenue in the next fiscal year.

4.04 Staff designated to oversee Fundraising activities shall ensure that the terms of any Fundraising Plan and its provision for structured recognition are consistent with applicable laws and City/District ordinances, plans and policies. These could include, but are not limited to, Municipal Code Section 12.04.030, Fair Political Practices Commission 114
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requirements, and City/District procurement requirements. Staff is encouraged to consult with the City/District Attorney in the preparation of Fundraising Plans and materials if there are any potential conflicts with applicable law.

5.0 SPONSOR SELECTION

5.01 No political campaign or candidate for elective office shall be approved as a sponsor.

5.015.02 No individual or organization that owes an outstanding sponsorship balance of any amount to the City of Foster City or Estero Municipal Improvement District shall be approved as a sponsor.

5.025.03 If multiple Sponsors desire to participate in a limited opportunity, the City Council/District Board shall select Sponsor(s) providing the greatest benefit to the City/District, and in consideration of the quality of product or service to be received by the City/District.

5.035.04 Sponsors may appeal decisions made in the implementation of this policy by City/District Staff to the City Council/District Board whose decision shall be final.

5.045.05 The Sponsor selection process shall be impartial, and compatible with other City/District Sponsorship relationships.

6.0 SPONSORSHIP AGREEMENTS

6.01 With prior City Council/District Board approval of a Fundraising Plan and after the selection of any Sponsor is complete, the respective obligations of the Sponsor and the City/District shall be set forth in a written agreement. Sponsorship agreements are required of all Sponsors. Agreements must be signed and payments made in advance of the event to which they relate.

6.02 The City/District Manager shall approve Sponsorship Agreements with a value not to exceed $30,000.

6.03 The City Council/District Board shall approve Sponsorship Agreements with a value exceeding $30,000.

6.04 The City Council/District Board shall approve any donation or sponsorship by elected or appointed officials or City/District employees (as an individual or on behalf of their business).

6.05 Only Sponsorship revenue that has been formalized in a written agreement may be included in budget revenue forecasts unless specifically authorized by the City Council/District Board.

7.0 FUNDRAISING GUIDELINES

7.01 Upon approval of the City Council/District Board, Sponsorships may be sought on behalf of the City/District. Sponsorships may not be sought by members of the City 115
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Council/District Board or Planning Commission.

7.02 Sponsorships shall not be requested under the guise, pretense, or presumption of receiving official City/District endorsement of the contributing party, product or activities. 116
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7.03 City staff and Advisory Committee members may only approach potential Sponsors pursuant to an approved Fundraising Plan approved by the City Council/District Board, and only if the Sponsorship is directly related to providing a good or service to the public.

7.04 Fundraising Plans shall specify the type of Sponsor recognition to be granted for different types of Contributions and for different Contribution amounts, the conditions for acceptance of funds, which conditions shall be fair, impartial and shall not discriminate on the basis of race, color, age, ancestry, religion, national origin, pregnancy and perceived pregnancy, sex/gender, military status, sexual orientation, genetic information/characteristics, marital status, medical condition (including cancer or record or history of cancer or AIDS/HIV status, or mental or physical disability of the proposed Sponsor. The City Council/District Board shall review and approve Fundraising Plans.

7.05 City/District employees working in an enforcement or regulatory position shall not solicit Sponsorships from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

7.06 Any person permitted under this policy to solicit Sponsorships shall maintain the highest standard of ethics in soliciting Sponsorships. No employee or appointed official shall engage in Fundraising activities where they or their spouse, registered domestic partner or immediate family members have a conflict of interest, or the appearance of a conflict of interest would arise from their involvement in the activities.

8.0 SPONSORSHIP RECOGNITION

8.01 Sponsor recognition must be consistent with the Municipal Code and other laws and regulations, and with the guidelines in this policy. Sponsorships and Sponsor recognition may not be comprised of obscene or pornographic material. The City/District reserves the exclusive right to approve or deny any request for Sponsorship from any prospective Sponsor.

8.02 No benefit will be provided to a prospective sponsor until a Sponsorship Agreement has been executed and payment in full has been received.

8.03 The following are acceptable forms of Sponsor recognition:

8.03.01 Placement of logos and/or company names in signage and publicity, including press releases and materials posted on the FCTV bulletin board and/or websites maintained by the City/District.

8.03.02 Plaques I Memorials affixed on a donated item, on a Sponsorship wall, on a paving stone or memorial bench.

8.03.03 Named Endowments on a legacy that funds itself in perpetuity, like a camp scholarship.

8.03.04 Public recognition and thanking of Sponsors by the City Council/District Board or City Staff at public meetings or events.
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8.03.05 Other acknowledgements, public or private, approved by the City Council/District Board.

8.04 The following forms of recognition are not acceptable:

8.04.01 Naming rights to a City/District facility (disallowed under Municipal Code Section 12.04.030).

8.04.02 Publicity or "Air Time" given to the sponsor to promote themselves, their services/products or their views/opinions at a City Council/District Board meeting, press conference, public event or on-air, including broadcasting on FCTV, "Guest MC" at concerts, festivals and events, etc.

8.05 The City/District will provide the Sponsor with a letter of acknowledgement and a statement of the City/District's intended use in accordance with IRS regulations. If the Sponsor conveys funds through an Electronic Payment Provider, the electronic receipt from the Provider will serve as the required letter of acknowledgement. The tax deductibility of any Sponsorship is the exclusive responsibility of the Contributor.

8.06 Sponsorships shall be acknowledged in a timely manner after formal acceptance of the Sponsorship has taken place and in accordance with IRS regulations.

9.0 IN-KIND SPONSORSHIPS

9.01 In-Kind Contributions may be accepted as Sponsorships under the following conditions:

9.01.01 In-Kind Contributions are allowed in the Fundraising Plan.

9.01.02 The Department has obtained reasonable documentation of the value of the contribution and has ensured that the level of contribution and recognition is equitable with similarly situated Sponsors.

9.01.03 The In-Kind Contribution is used for the program, event or activity for which Sponsorships are being sought (e.g., contribution of ad space for an activity where the contribution will be acknowledged).

9.01.04 For all reporting purposes, the cash value of the In-Kind Contribution is used.

9.02 If a Contribution of personal property or of a service does not result in the City/District receiving the indemnification, insurance, bonding or warranties that it would normally receive through procurement of the personal property or service, the absence of those factors, and the potential costs and liabilities associated therewith shall be considered in determining whether to accept the In-Kind Contribution.

9.03 Any proposed In-Kind Contribution that, if accepted, would obligate the City/District to enter into a service or procurement agreement shall not be accepted as a contribution and shall be subject to the City/District procurement process. 118
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9.04 Any Department considering acceptance of an In-Kind Contribution shall consult with other Departments that could be affected by acceptance of the Contribution. For example, if other Departments may incur costs to provide management, support, maintenance, and repair or enforcement activity of In-Kind Contribution.

9.05 In-Kind Contributions must be safe and durable, and meet any applicable City/District design or quality specifications, standards, and policies.

9.06 The City/District accepts In-Kind Contributions of materials with the understanding that such items have a useful life, and that the City/District assumes no responsibility for replacement or upkeep. Once a Contribution is accepted, it becomes City/District property and may be maintained, replaced or disposed as the City/District deems appropriate, subject to any Contributor restrictions.

10.0 AUTHORITY TO ACCEPT SPONSORSHIPS

10.01 The City Council/District Board's approval of a Fundraising Plan will serve as approval of Sponsorships not to exceed $30,000.

10.02 The City Council/District Board must approve all Sponsorships with a value exceeding $30,000.

10.03 The City/District may accept Sponsorships that enhance services or reduce costs that the City/District would incur in the absence of their acceptance, or that otherwise provide a significant enhancement to the City/District.

10.03.01 Sponsorships may offset existing costs, but may not be relied upon within the annual budget to support staffing of on-going operations.

10.03.02 Sponsorships may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or services.

10.04 All cash Sponsorships received by check, cash, wire transfer or electronic payment shall be deposited in the Foster City Foundation Fund. The Sponsor’s intent for use of the funds shall be established and recorded in subaccounts that reflect the intent of the funders (e.g., Special Events, Memorial Bench).

10.05 The Finance Director or designee shall comply with the IRS regulations for issuance of receipts for tax purposes to Sponsors that meet or exceed the IRS-defined annual Contribution amount. Contributions to the City/District less than the IRS-defined annual Contribution amount will be acknowledged at the discretion of the City/District Manager or designee.

10.06 The Department Director is responsible to ensure that Sponsors receive the structured recognition documented in the Sponsorship Agreement and to maintain proof of said structured recognition for the time period required by the City’s Records Retention Policy. 119
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11.0 USE OF SPONSORSHIPS

11.01 Sponsorships shall be used in the manner and for the program(s) or activity(ies) described in the Sponsorship Agreement.

11.02 The City Council/District Board as Trustees of the City/District Foundation shall approve any expenditure of City/District Foundation Funds exceeding $30,000 in compliance with the City’s purchasing ordinance and administrative policy.

11.03 The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.

12.0 ACCOUNTING AND RECORD KEEPING

12.01 The City/District shall maintain records that provide an audit trail for the receipt of all Sponsorships and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency.

12.02 All Sponsorships shall be recorded and maintained for at least the expected life of the item or service, or for a specific time frame that has been established.

12.03 Monetary Sponsorships of any amount may be paid by check payable to the City of Foster City. Sponsorships not to exceed $30,000 may be paid through Electronic Payment Providers through accounts set up for that purpose. If Electronic Payment options are made available, it shall be indicated, in a way that is evident to Sponsors, that a portion of the Sponsorship will be retained by the Electronic Payment Provider as its fee.

Sponsorships exceeding $30,000 may be made by check or may be made by wire transfer based upon the City Council/District Board’s approval of the Sponsorship Agreement prior to the transfer. Acceptance of cash will only be allowed if approved in advance by the Finance Director.

12.04 A record of all open Sponsorships including name, type, contact name if a company, amount, and disposition of Sponsorship (future payments due) shall be kept up-to-date and accurate by both the receiving Department and the Finance Department.

12.05 Within ninety (90) days after the end of the fiscal year, the Finance Director shall issue to the City Council/District Board an annual report summarizing the financial activity (e.g., contributions received, expenditures made, current balances, etc.) of the Foster City Foundation Fund for that fiscal year as referenced in Section 5.11. This report may contain a report of In- Kind Contributions as well.

12.0612.05 The City Council/District Board shall review the results of the current year's Fundraising on an annual basis as outlined in Section 912.05. At that time, it shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Fundraised revenue in the next fiscal year. 120
DATE: January 18, 2022

TO:

Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

FROM: Kevin Miller, Interim City Manager
Jennifer Phan, Interim Deputy City Manager

SUBJECT: EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY, THE CONTINUING NEED FOR CITY

COUNCIL AND PLANNING COMMISSION AND COMMITTEES

TO MEET BY TELECONFERENCE FOR INCREASED

ACCESSIBILITY, AND A GENERAL UPDATE ON THE NOVEL
CORONAVIRUS (COVID-19)

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions extending the proclamation of the existence of a local emergency caused by the threat of the novel Coronavirus (COVID-19), and proclaiming the continuing need for City Council/EMID Board of Directors, Planning Commission, and Committees to meet by teleconference and allow for increased meeting accessibility via in person and teleconference meeting participation (Attachments 1 and 2).

BACKGROUND
On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID-19). On March 5, 2020, San Mateo County declared a Local Health 121
Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID-19 in San Mateo County. On March 16, 2020, the County of San Mateo Public Health Officer issued an order to "shelter in place", effective March 17, 2020 at 12:01 am. This order, amongst other things, ceased non-essential activities in the County in an effort to mitigate the impacts of COVID-19. Essential City operations like police, fire, and wastewater treatment services, as well as the maintenance of critical infrastructure, are continuing to be provided. Most other City services have returned to pre-pandemic levels or have been reasonably modified (for a limited basis) in conjunction with the Health Officer’s order or to administer City operations.

The City Manager, acting as the City’s Director of Emergency Services, was authorized to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency. As a result, on March 16, 2020, the City Manager acting as Director of Emergency Services proclaimed the existence of a local emergency due to conditions and threatened conditions of peril due to the expansion of the COVID-19 virus. Pursuant to California Government Code Section 8630, the City Council ratified the proclamation made by the Director of Emergency services on March 18, 2020 per Resolution No. 2020-23, within the required seven (7) days of the proclamation.

Local Emergency
Since the proclamation of the existence of a local emergency back in March, the City Council has continued to receive updates at its meetings on the operational impacts and actions taken by the City related to COVID-19. The City Council had also received an overview of the City's recovery plan at its Vision & Policy Summit on June 4, 2020 and a presentation from the County of San Mateo on its Recovery Initiative on October 5, 2020. On October 6, 2020, the County Board of Supervisors accepted the final report on the SMC Recovery Initiative, which outlines a path toward a more equitable, healthy and connected community in the recovery from COVID-19.

To-date, the City Council had approved the continuation of the proclamation of the existence of a local emergency at its meetings on April 6, June 1, July 20, September 8, November 2, 2020, January 4, March 1, May 17, July 19, September 20, November 15, and December 13, 2021. Per Government Code Section 8630, the City Council must reevaluate whether to continue the proclamation of the existence of a local emergency every sixty (60) days until 122
the emergency is terminated. Given the conditions creating the local emergency have not entirely abated, one of the items for City Council consideration is to extend the proclamation.

Continuing In-Person/Teleconference Hybrid Meetings
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. AB 361 comes as the provisions of Executive Order No.

N-29-20 (as revised by Executive Order No. N-08-21), which modifies the requirements for conducting meetings via teleconference during the COVID- 19 pandemic, expired on September 30, 2021. While the intent of Executive Order No. N-29-20 and AB 361 are both to facilitate public access to meetings via teleconferencing options, there are differences between the two. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021 expiration of the current Brown Act exemptions as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.

On October 18, 2021, the City Council/Board of Directors approved resolutions to implement and utilize teleconference accessibility to conduct public meetings, pursuant to AB 361. Findings must be made every thirty (30) days to continue to the practice of such. By approving the resolutions attached, the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable. Approving the resolutions under AB 361 would also allow the continued flexibility that was provided by Executive Order No. N-29-20 to allow
Councilmembers/EMID Board Members or Planning Commissioners and other Committee Members to attend the meeting via teleconference without following the normal teleconference requirements under the Brown Act, which include listing the teleconference location on the published agenda and posting the agenda at the site of the teleconference. If circumstances change and it is determined that safety concerns prohibit in person meeting participation entirely, members may pivot to teleconferencing only without the preparation that is otherwise required under the Brown Act, while maintaining accessible public meetings.

In response to the public health concerns regarding hosting public gatherings amid the rise of cases and the increased transmissibility of the Omicron 123
variant of COVID-19, Foster City will strictly begin hosting City Council, Planning Commission, citizen advisory committees, and other public meetings virtually for the months of January and February starting January 13, 2022, without the option to attend public meetings in person.

Timeline
A summarized timeline of the various directives and orders as it pertains to the County of San Mateo, from the start of the pandemic to-date, is outlined in Attachment 3. At the outset of the pandemic, health orders were frequently changing in response to the varying COVID-19 case/transmission rates. City staff has since then provided updates to City Council at its regular meetings to keep both the City Council and the community abreast of any new developments on COVID-19 that may arise. The frequency of these updates transitioned to a monthly basis on March 2020. In alignment with the State's reopening, as well as the County of San Mateo ceasing its biweekly briefings, these updates are provided (for informational purposes only) on an as needed basis or every thirty (30) days when the proclamation of the existence of a local emergency is brought back to City Council for renewal (until no longer necessary) in conjunction with the findings of continuing the need to conduct teleconferenced meetings until no longer applicable. Timely updates and information will continue to be issued and available through the County of San Mateo directly, or on the City website and via the weekly e-Newsletter.

Latest Updates
Following the holiday season, there has been sharp increase in COVID-19 cases in part due to the emergence of the highly contagious Omicron variant in late 2022. There were a total of 12,072 more cases from December to January, in comparison to the increase of 1,598 cases observed from November to December. Many more cases of Omicron are expected to be reported in the coming days and weeks. The California Department of Public Health has published a fact sheet about the Omicron variant. San Mateo County Health is working with the State to understand potential local impacts.

To help slow the spread of COVID-19, including the Omicron variant, it is encouraged that everyone get vaccinated, wear masks, get tested, and to stay home if feeling sick.
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Vaccinations are available throughout San Mateo County, at County- sponsored clinics, community clinics, private health care providers, pharmacies and other venues. MyTurn displays County-operated and - supported clinics four or more days in advance, along with vaccination opportunities from other health care providers, pharmacies, and local organizations. To find a clinic, please visit https://www.smchealth.org/vaccine- clinic-calendar. As of January 9, 2022, a total of 673,942 individuals have been vaccinated in San Mateo County with at least one dose, representing

94.9% of the population age 12+ or 91.6% of the population age 5+.

San Mateo County Health is offering pediatric COVID-19 vaccines at eight sites throughout the County during the month of January for children 5 to 11 years old. Boosters and vaccines for other ages will not be available at these sites. San Mateo County Health is also providing in-home COVID-19 vaccinations to residents unable to leave home due to age, disability, or medical reason. Residents may learn more and schedule an in-home vaccination appointment here.

In response to the surge in the Omicron variant, the County of San Mateo is also expanding opportunities for COVID-19 testing. Testing remains an important strategy in continuing to reduce the spread of the disease. There are two types of COVID-19 test: rapid antigen tests, which return results quickly, and polymerase chain reaction (PCR) tests, which typically return results within 72 hours although times vary depending upon demand. For locations and schedules, please visit https://www.smcgov.org/testing for free PCR testing through the County. Testing is also available through private health care providers.

Lastly, the California Department of Public Health and the County of San Mateo have continued to require masks to be worn in all indoor public settings, irrespective of vaccine status.

ANALYSIS
With the disruption in normal operations due to COVID-19 and the Public Health Order to “Shelter in Place”, City operations were implemented based on essential functions identified in the City's Continuity of Operations (COOP)/Continuity of Government (COG) Plan.

In the City's response to COVID-19, the main objective is to keep the community safe, reduce the risk of transmission, and help slow the spread of 125
the novel Coronavirus (COVID-19). Outlined in the COVID-19 Response Plan Summary are six broad priority areas in which the City has focused its efforts to-date (Attachment 4).

FISCAL IMPACT
There is no fiscal impact associated with adoption of the resolutions.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment to the "City Council Operations and Improved Community Engagement," "Public Safety and Social Equity," and "Staff Empowerment and Operational Excellence" Value/Priority Areas. The City recognizes the importance of reliable and timely communications to public, and as such, will continue to ensure delivery of information for all matters related to City services and COVID-19 response and recovery are shared.

Increasing accessibility to public meetings amid the COVID-19 crisis encourages the public to engage with the City Council/EMID Board of Directors, Planning Commission, and Committees in an equitable and safe manner.

Attachments:
Attachment 1 - City Resolution (Extending the Local Emergency and Continuing the Need for Teleconferencing)
Attachment 2 - EMID Resolution (Continuing the Need for Teleconferencing)
Attachment 3 - COVID-19 Timeline (as of January 10, 2022) Attachment 4 - COVID-19 Response Plan Summary (as of January 10, 2022)
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RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE THREAT OF THE NOVEL COVID-19 VIRUS, AND PROCLAIMING

THE CONTINUING NEED FOR THE CITY COUNCIL, PLANNING COMMISSION AND

COMMITTEES TO MEET BY TELECONFERENCE

CITY OF FOSTER CITY
WHEREAS, on January 30, 2020, due to confirmed cases of a severe acute respiratory illness caused by a new coronavirus (“COVID-19”), the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America; and
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the potential introduction of COVID-19 in San Mateo County; and
WHEREAS, on March 12, 2020, the President of the United States declared a National Emergency in response to the spread of COVID-19; and WHEREAS, Section 2.40.070(A) of the Foster City Municipal Code empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, based on the expanding threat of the novel COVID-19 virus, the City Manager, Acting as Director of Emergency Services, of the City of Foster City proclaimed the existence of a local emergency within the City on March 16, 2020; and WHEREAS, on March 18, 2020, per Resolution No. 2020-23, the City Council of the City of Foster City ratified the proclamation of the Director of Emergency Services and extended the period of the existence of a Local Emergency for an additional 30 days or unless sooner terminated; and
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WHEREAS, on April 6, 2020, June 1, 2020, July 20, 2020, September 8, 2020, November 2, 2020, January 4, 2021, March 1, 2021, May 17, 2021, July 19, 2021, September 20, 2021, November 15, 2021, and December 13, 2021 per Resolutions No. 2020-33, 2020-50, 2020-75, 2020-96, 2020-113, 2021-9, 2021-24, 2021-63, 2021-103, 2021-129, 2021-172, and 2021-185 respectively, the City Council of the City of Foster City extended the period of the existence of a Local Emergency for an additional 60 days or unless sooner terminated; and
WHEREAS, San Mateo County had completed the variance process as set forth by the California Department of Public Health on June 15, 2020, allowing the County for a gradual re-opening to match the maximum as allowed by the State’s Resilience Roadmap; and
WHEREAS, although collective efforts taken to date regarding this public health emergency have slowed the virus’ trajectory, the emergency and the attendant risk to public health remain significant; and
WHEREAS, San Mateo County was added to the State’s monitoring list on July 29, 2020 and since then ranked in the Purple or Widespread risk level on August 28, 2020, in the Red or Substantial risk level on September 22, 2020, in the Orange or Moderate risk level on October 27, 2020, and in the Red or Substantial risk level on November 17, 2020; and
WHEREAS, San Mateo County then rolled back to the Purple or Widespread risk level on November 29, 2020 and a Limited Stay at Home order went into effect on November 30, 2020, with a Regional Stay at Home order to follow on December 17, 2020; and
WHEREAS, once the Regional Stay at Home order was lifted, San Mateo County rolled back to the Purple or Widespread risk level on January 25, 2021, moving into the Red or Substantial risk level on February 24, and then into the Orange or “Moderate” risk level on March 17; and
WHEREAS, the State has transitioned away from the Blueprint for a Safer Economy beginning June 15, 2021; however, the conditions creating the local emergency have not entirely abated, COVID-19 continues to threaten the health and lives of Foster City residents and the Delta and Omicron variants, among other variants, continue to emerge and are highly transmissible in indoor settings; and WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations; and
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
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WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on October 18, 2021 the City Council adopted City Resolution No. 2021-155 proclaiming the continuing need for the City Council, Planning Commission and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foster City:

1. The proclamation of a local emergency is hereby extended for at least an additional 60 days, or until the proclamation is next extended by resolution. Per Government Code Section 8630, the City Council shall review and renew this declaration every 60 days until the emergency is terminated.

2. The City Council of the City of Foster City hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

3. Due to COVID-19and the delta and omicron variants, holding meetings in-person only will present imminent risks to the health and safety to attendees; and

4. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Although the City Council/EMID Board of Directors and Planning Commission have been successfully conducting hybrid meetings since July, 2021, due to the surge in COVID-19 cases as a result of the omicron variant, all public meetings on or after January 13, 2022 shall be conducted via teleconference during the months of January and February, 2022.

5. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public 129
meetings continues to present a health risk for certain segments of the population, necessitating the need to conduct the meetings via teleconference after January 13, 2022 during the months of January and February, 2022.

6. The City Council hereby declares that, pursuant to the findings listed in this Resolution, that the City Council/EMID Board of Directors and the City Council/EMID Board appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

BE IT FURTHER RESOLVED, that the City Council determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT PROCLAIMING THE CONTINUING NEED FOR THE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS,

PLANNING COMMISSION, AND COMMITTEES TO MEET BY TELECONFERENCE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic and such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Foster City residents and the Delta and Omicron variants, among other variants, continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, the EMID Board of Directors adopted EMID Resolution No. 3610 on October 18, 2021, followed by EMID Resolution No. 3621 and 3624 on November 15, 2021 and December 13, 2021, respectively, proclaiming the continuing need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Estero Municipal Improvement District finds that:
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1. The Estero Municipal Improvement District Board of Directors (EMID Board) hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the EMID Board.

2. Due to COVID-19and the delta and omicron variants, holding meetings in-person only will present imminent risks to the health and safety to attendees; and

3. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Although the City Council/EMID Board of Directors and Planning Commission have been successfully conducting hybrid meetings since July 2021, due to the surge in COVID-19 cases as a result of the omicron variant, all public meetings on or after January 13, 2022 shall be conducted via teleconference during the months of January and February, 2022.

4. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to conduct the meetings via teleconference after January 13, 2022 during the months of January and February, 2022.

5. The EMID Board of Directors hereby declares that, pursuant to the findings listed in this Resolution, that the City Council/EMID Board of Directors and the City Council/EMID Board appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

BE IT FURTHER RESOLVED, that the EMID Board of Directors determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person. 132
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 18 th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
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NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Monday , January 10, 2022

DATE ACTIVITY/DESCRIPTION
March 4, 2020 Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID-19).

March 5, 2020 County of San Mateo declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID-19 in San Mateo County.

March 31, 2020 County of San Mateo Public Health Officer issued a new order extending the "shelter in place" period through May 3, 2020, which was a complement to the indefinite statewide stay -at- home order issued by Governor Gavin Newsom earlier in March.

April 29, 2020 County of San Mateo Public Health Officer issued a new order (alongside the other Bay Area Health Officers) extending the shelter in place orders through May 31, 2020.

May 15, 2020 A revised order was issued, superseding the last order, bringing County of San Mateo into alignment with early Phase 2 of Governor Gavin Newsom’s Resilience Roadmap. The order maintained that all individuals continue to shelter in place and continues to restrict most activity, travel, and governmental and business functions to essential needs, outdoor activities, and outdoor businesses but adds additional businesses and a ctivities to the list of permitted functions.

May 28, 2020 A revised order was issued with a few modifications to the previous order to allow places of worship to hold services and retail stores to allow customers inside. It also provided guidelines for additional activities such as car parades and protests.

June 4, 2020 A revised order was issued to allow outdoor dining and charter boat operations, as well as amending the guidelines for funerals.

June 17, 2020 The County of San Mateo Public Health Officer rescinded the shelter in place order and replaced it with the Safer Community Order. The Safer Community Order align ed County of San Mateo with the State’s Resilience Roadmap and limits gatherings to no more than 5 0 people, outline d social distancing and face covering requirements, allow ed for "social bubbles," and require d businesses to implement a social distancing protocol and written health and safety plans.

July 29, 2020 County of San Mateo was added to the state's monitoring list due to an increase in the rate of COVID-19 cases in the County and as a result, specific indoor businesses were required to cease operations starting August 2, unless they could be modified to operate outside or by pick-up.

August 28, 2020 County of San Mateo was placed in the purple tier rank or "widespread" county risk level under the State's new color-coded reopening system.

September 22, 2020 County of San Mateo moved to the red tier rank or "substantial" county risk level.

October 27, 2020 County of San Mateo moved to the orange tier rank or "moderate" county risk level.

November 17, 2020 As COVID-19 cases and hospitalizations surged and ICU capacity levels declined, County of San Mateo rolled back to the red tier rank or "substantial" county risk level.

November 29, 2020 County of San Mateo then rolled back to the purple tier rank or "widespread" county risk level.

November 30, 2020 A Limited Stay at Home order went into effect.

December 17, 2020 A Regional Stay at Home order then went into effect.

January 25, 2021 The Regional Stay at Home order ended and the County of San Mateo returned to the purple tier rank or “widespread” county risk level.

February 24, 2021 County of San Mateo moved into the red tier rank or "substantial" county risk level.

March 17, 2021 County of San Mateo moved into the orange tier rank or "moderate" county risk level.

ATTACHMENT 3
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April 2, 2021 The California Department of Public Health and the Centers for Disease Control and Prevention released updated guidance recommending delaying travel until persons are fully vaccinated.

Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.

April 6, 2021 Governor Gavin Newsom outlines the State’s next step in the COVID-19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met.

April 15, 2021 The California Department of Public Health adjusted its Orange Tier 3 guidance for gatherings, private events and indoor seated live events and performances. Outdoor gathering size increases to 50 people. For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people. Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in-state visitors.

May 3, 2021 The California Department of Public Health provides updated guidance on use of face coverings, which essentially provides exceptions for those fully vaccinated in outdoor settings.

May 12, 2021 County of San Mateo moved into the yellow tier rank or "minimal" county risk level.

May 19, 2021 Bay Area Health Officers release statement in support of the California Department of Public Health’s strategy to continue with current masking guidance until June 15, when the State will align with the CDC’s updated masking guidance.

June 3, 2021 Bay Area Health Officers release statement in support the opening of California schools for full time in-person instruction for all grades in the fall of 2021.

June 15, 2021 State of California officially reopens and moves “Beyond the Blueprint” which ends the color- coded reopening tier systems and lifts most restrictions on businesses. Most County of San Mateo offices reopen in-person as well.

July 16, 2021 County of San Mateo Joins Bay Area Counties in recommending masking indoors as precaution against COVID-19, particularly the increased circulation of the Delta variant.

July 19, 2021 City of Foster City began hybrid in-person and virtual City Council meetings.

July 26, 2021 County of San Mateo announces face coverings are required solely at County-operated facilities.

July 26, 2021 City of Foster City reopened City Hall to the general public for walk-ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday.

July 29, 2021 City of Foster City announces face coverings are required at all times indoors when visiting City facilities.

August 3, 2021 County of San Mateo issues a health order requiring all individuals, regardless of vaccination status, to wear face coverings when indoors in public settings, with limited exceptions.

August 9, 2021 City of Foster City reopened Recreation Center and began offering indoor programs again.

August 26, 2021 Bay Area Health Officers release statement reaffirming support for full in-person school, given safety measures and flexibility for different approaches to meet the needs and capacities of a of schools and districts.

September 16, 2021 Governor Gavin Newsom signs Assembly Bill 361, as the provisions of Executive Order No. N- 29-20 (as revised by Executive Order No. N -08-21), which modifies the requirements for conducting meetings via teleconference during the COVID -19 pandemic, expire s on September 30, 2021. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual m eeting technology as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.

September 30, 2021 San Mateo County Health announces it will be launching Booster Clinics at the Event Center October 7, 2021 Bay Area Health Officers issue criteria for lifting COVID-19 indoor masking requirements to allow organizations to set those requirements independently.

October 18, 2021 City of Foster City/EMID adopts resolut ions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without 135
interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable, under AB 361.

December 1, 2021 The California Department of Public Health has published a fact sheet about the Omicron variant. County Health is working with the state to understand potential local impacts.

December 15, 2021 The California Department of Public Health has mandated that everyone in California wear a mask in indoor public spaces and workplaces. The order is in effect December 15, 2021 to January 15, 2022.

January 5, 2022 The California Department of Public Health announces the extension of its mask mandate. The order is in effect December 15, 2021 to February 15, 2022.

January 5, 2022 City of Foster City/EMID announces that City Council, Planning Commission, ci tizen advisory committees, and other public meetings will be he ld virtually for the months of January and February starting January 13, 2022.

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NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Update d: Monday , January 10, 2022
OV
ERALL OBJECTIVE: To keep the community safe, reduce the risk of transmission, and help slow the spread novel Coronavirus (COVID -19)

OBJECTIVE ACTION ITEMS STATUS

TO MAINTAIN COMPLIANCE WITH PUBLIC

HEALTH ORDERS FROM THE COUNTY AND

STATE (SHELTER IN PLACE/STAY AT HOME)
Monitor the evolving COVID -19 situation and work closely with the County and neighboring jurisdictions
• Update Countywide Matrix with operational changes (Last Updated 03/18/20) • Participate in conference calls which includes Elected Officials, City Managers, City Attorneys, Public Safety (Daily Until 03/25/20; Monday, Wednesday, Friday Until 05/18/20; Wednesday & Friday Until 06/24 /20; Wednesday Until 10/21/20; Transitioned to Every 2 Wednesdays Until 06/09/21, Ending Thereafter) • Participate in Special Briefings w hich includes Elected Officials, City Managers, and Public Safety as needed (01/13/22 Scheduled)
• Nexus with City Attorney/County Counsel for Guidance (As Needed) • Update 211 Bay Area (a program of United Way Bay Area) with City Updates Ongoing
Work in alignment with SMC Fire (Member Agencies) to coordinate response • Proclamation of Local Emergency (City Manager/Director of Emergency Services Proclaimed on 03/16/20; City Council Ratified on 03/18/20 ; Extended on 04/06/20 , 06/01/20, 07/20/20, 09/08/20, 11/02/20, 01/04/21, 03/01/21, 05/17/21, 07/19/21 , 09/20/21, 11/15/21, 12/13/21, and 01/18/22 (Scheduled)
• Joint, Multiagency Emergency Operation Center (Activated on 03/16/20; Transitioned from Assigned Foster City Liaison to Multiple Staffed Positions; Transitioned to Virtual EOC on 05/11/20; Closed EOC on 05/29/20)
o Daily Emergency Action Plan (EAP) prepared and distributed by EOC o Daily Situation Status Report (SIT STAT) created and distributed by EOC Ongoing
Implement adjustments to City services and operations in response to Public Health Orders Ongoing ATTACHMENT 4
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• Order No. c19-2, dated March 12, 2020
o Cancelled all non-essential meetings, events, and large gatherings through month of March
o Issued refunds for voluntary cancellations
o No longer accepted new facility reservation requests
o Implemented social distancin g measures for any upcoming, essential meetings
o Restricted non-essential travel for all employees
o Encouraged public to utilize City services available online, over- the-phone, and/or email
• Order No. c19-5, dated March 16, 2020
o City Facilities Closure through April 7, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Transitioned all future City Council and Planning Commission meetings to be conducted via teleconference/video conference
o Cancelled all classes and programs through April 7, 2020 o Transitioned employees to telework/remote
• Order No. c19-5b (Revised), dated March 31, 2020
o City Facilities Closure through May 3, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Extended limitations to recreational activity spaces, with only park pathways and open green space (nonathletic fields) remaining opening o Cancelled all non-essential meetings and events through May 3, 2020 o Issued stop work orders to cease all non -essential construc tion activity immediately
o Posted required Social Distancing Protocol and Signage • Health Recommendation (to Cover Face), dated April 2, 2020 o All essential workers on-site, in-field to follow same recommendations and be an example to the community by wearing appropriate coverings at all times • Order No. c19-8, dated April 17, 2020
o All employees to have face coverings at all times, when working with others and in are as that are frequented by your co -workers, including hallways, restrooms, stairways, lunch and break rooms, and other shared spaces. • Order No. c19-5c (Revised), dated April 29, 2020
o City Facilities Closure through May 31, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Cancelled all non-essential meetings and events through May 31, 2020 o Construction, landscaping and gardening work allowed to resume 138

o Posted required, updated Social Distancing Protocol and Signage o Developing phased reopening of City facilities based on evaluation of easing of restrictions within Order
• Order No. c19-5d (Revised), dated May 15, 2020
o Developed phased reopening of City facilities based on evaluation of easing of restrictions within Order , with outlined protocols and best practices on preventative measures, site- specific changes, reconfigurations, screening, cleaning/disinfecting, communication & posting, etc.
o Outdoor facilities with high -touch equipment or that en courage gathering must remain closed to public access. Such facilities include playgrounds, gym equipment, climbing walls, picnic areas, dog parks, spas, and barbecue areas. o Removal of previous order’s limit on travel for recreational activities to within 10 miles from home
• Order No. c19-8b (Revised), dated May 19, 2020
o All members of the public and workers to wear face coverings at all times • Order No. c19-5e (Revised), dated May 28, 2020
o Additional activities allowed, including places of worship, retail, car parades, and protests
o Reopened four (4) pickleball and two (9) tennis courts; implementing reservation system and active monitoring by City staff
o Cancelled all non-essential meetings and events through June 30, 2020 o Reevaluated all major City special events (s uch as Fourth of July, Summer Concerts, and Summer Days) and proposed plans for events in virtual, modified formats
• Order No. c19-5f (Revised), dated June 4, 2020
o Additional activities allowed, including outdoor dining, charter boat operations, and funerals
o Reopened beach parks, boat docks, two (2) walking tracks, and parking lots of all (except one) park sites
o Developed visitor protocols to provide guidance on requirements and expectations of those seeking in-person services, with outlined protocols and best practices on preventative measures, self -health assessments, face covering and social distance requirements, capacity levels, etc. o More employees reintroduced into the workplace; implementation of appointment scheduling software to allow in -person services beginning June 15, 2020
• Order No. c19-11, dated June 17, 2020
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o Limits gatherings to no more than 50 people, outlines social distancing and face covering requirements, allows for social bubbles of no more than 12, and requires businesses to implement a social distancing protocol and written health and safety plans
o Reopened all pickleball and tennis courts, as well as removed reservation system and active monitoring by City staff
o Reopened bocce ball courts and volleyball courts
o Reopened park restrooms at five (5) locations
o More employees to be reintroduced into the workplace; however reopening of all City facilities postponed until further notice
• County Added to State Monitoring List, July 29, 2020
o Shut down of certain industries or activities, unless modified to operate outside
o City temporarily suspends code enforcement actions against businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices that are not currently permitted to provide outdoor operations o Skate park reopened on August 14, 2020
• County Ranked Purple in State’s New Color-Coded Reopening System, August 28, 2020 o Effective August 31, all retail and shopping centers can open at 25% capacity, and all hair salons and barbershops can resume indoor operations • County Ranked Red in State’s New Color -Coded Reopening System, September 22, 2020
o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people) o Schools one step closer to reopening (only after two weeks in Tier 2/Red) • CA De partment of Public Health New Guidance on Playgrounds and Outdoor Recreational Facilities, September 28, 2020
o Playgrounds, basketball courts, all park bathrooms, the Fitness Court, and the Skate Park to reopen, with restrictions, on October 8
o Parks staff preparing for reopening of amenities by sanitizing all playgrounds and removing fencing
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• County Ranked Orange in State’s Color-Coded Reopening System, October 27, 2020 o Indoor family entertainment centers, outdoor bars and breweries not o serving food, indoor climbing walls and certain other businesses and activities to open with capacity restrictions
o Dine-in restaurants, movie theaters, places of worship and additional businesses can boost their indoor capacities as well
• Order No. c19-7c (Revised), dated October 29, 2020
o Updated orders for individuals who are close contacts of a positive case (for quarantine) or who have tested positive for COVID -19 (for isolation), along with instructions for home quarantine and home isolation o Specific rules applicable to health care workers and first responders • County Ranked Red in State’s Color-Coded Reopening System, November 17, 2020 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Purple in State’s Color-Coded Reopening System, November 29, 2020 and Limited Stay at Home Order, starting November 30, 2020 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
o Prohibited residents from leaving their homes to gather with other households from 10 p.m. to 5 a.m.
• Regional Stay at Home Order, starting December 17, 2020 o Prohibits private gatherings of any size, except for outdoor church services and political demonstrations.
o Restaurants must stop offering in -person dining and can offer only take -out and delivery.
o Many businesses and activities must close, including salons and barbershops. o Retail can remain open at 20 percent capacity.
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o Nonessential travel and the use of hotels or short -term rentals for leisure is banned.
• County Ranked Purple in State’s Color-Coded Reopening System, January 25, 2021 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
• County Ranked Red in State’s Color-Coded Reopening System, February 24, 2021 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Orange in State’s Color-Coded Reopening System, March 17, 2021 o Restaurants indoors (max 50% capacity or 200 people, whichever is fewer) o All retail/shopping indoors (open with modifications, closed common areas and reduced capacity in food courts)
o Museums, zoos and aquariums (max 50% capacity)
o Places of worship (max 50% capacity or 200 people, whichever is fewer) o Movie theaters indoors (open with modifications)
o Gyms and fitness centers indoors (max 25% capacity, indoor pools and climbing walls open)
• CA Department of Public Health New Guidance on Travel, April 2, 2021 o CDPH and the CDC recommend delaying travel until persons are fully vaccinated. Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.
• Governor Gavin Newsom outlines the State’s next step in the COVID -19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met. • CA Department of Public Health New Guidance on Gatherings and Live Events, April 15, 2021
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o For the Orange Tier starting on April 15, outdoor gathering size increases to 50 people.
o For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people.
o Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket pu rchases, designated areas for eating and drinking, and attendance limited to in -state visitors.
• CA Department of Public Health New Guidance on Use of Face Coverings, May 3, 2021 o For fully vaccinated persons, face coverings are not required outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings. o For unvaccinated persons, face coverings are required outdoors any time physical distancing cannot be maintained, including when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings.
o In indoor settings outside of one's home, including public transportation, face coverings continue to be required regardless of vaccination status, except as outlined below.
• County Ranked Yellow in State’s Color-Coded Reopening System, May 12, 2021 o Allows expanded capacity at restaurants, gyms, movie theaters, indoor businesses and a host of other operations.
o Bars that do not serve food can reopen indoors with a maximum capacity of 25 percent or 100 people, whichever is fewer.
• California officially reopens and moves “ Beyond the Blueprint ,” which ends the the color-coded reopening tier systems and lifts most restrictions on businesses. The County of San Mateo fully aligns with all state COVID -19 health and safety guidelines and has no plans to impose separate guidance.
o Most County of San Mateo offices opened to the public on June 15, 2021. o City of Foster City reopens Council Chambers and begins hybrid in-person and virtual City Council meetings on July 19, 2021.
o City of Foster City reopens City Hall to general public for walk -ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday, on July 26, 2021.
o City of Foster City reopens Recreation Center and begins offering indoor programs again on August 9, 2021.
• Order No. c19-12, dated August 3, 2021
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o Directs that face coverings shall be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, fam ily entertainment centers, conference centers and government offices serving the public.
• Governor Gavin Newsom signs Assembly Bill 361 on September 16, 2021 , as the provisions of Executive Order No. N -29-20 (as revised by Executive Order No. N -08- 21), which modifies the requirements for conduct ing meetings via teleconference during the COVID-19 pandemic, expires on September 30, 2021. • County Health issues criteria for lifting COVID -19 indoor masking requirements to allow organizations to set those requirements independently , when all of the following are achieved, October 7, 2021:
o The rate of COVID-19 transmission reaches the “moderate” or yellow tier and remains there for at least three weeks; AND
o The number of people hospitalized for COVID -19 is low and stable in the judgement of local health officials; AND
o The percent of the total population that is fully vaccinated – two doses of Pfizer or Moderna or one dose of Johnson & Johnson – reaches 80 percent OR eight weeks have passed since a COVID -19 vaccine has been authorized for emergency use by federal and state authorities for 5- to 11-year-olds. • CA Department of Public Health Statewide Mandate on Masks, December 15, 2021 o Requiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022

OBJECTIVE ACTION ITEMS STATUS

TO P ROVIDE ESSENTIAL SERVICES AND

CONTINUITY OF CITY OPERATIONS WITH

MINIMAL DISRUPTION (TO EXTENT

POSSIBLE)
Implement Continuity of Operations/Government (COOP/COG) Plans • Identify essential services; includes public safety, water and wastewater, critical infrastructure maintenance, etc. (Detailed by Department in Separate Document) • Identify essential workers and establish staffing levels necessary to carry out essential functions (Detailed by Department in Separate Document) Ongoing; Changes
with Progress
Establish and coordinate COVID-19 Response Team
• Includes Department Heads and 1-2 Essential Employees from Each Department • Centralized Point of Contact with Joint, Multiagency Emergency Operations Center • Check-In Meetings (Transitioned from Weekly, to Biweekly, and to As Needed) • After Action Debrief Meeting on 06/24/20
Ongoing
Establish and coordinate COVID-19 Return to Work Taskforce • Organized by City Manager and Human Resources Departments, and Include s 1 -2 Employees from Each Department
Ongoing
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• Developed ‘Employee Return to Work’ Policy as well as Visitor Policy & Protocols • Developed ‘Adaptable Work Schedule Program’

OBJECTIVE ACTION ITEMS STATUS

TO EFFECTIVELY COMMUNICATE,

EDUCATE, AND INFORM THE COMMUNITY
Provide reliable information to the community that is uniform and consistent with the County & State guidelines
• Participate in PIO conference calls
• Share information as released by County in an effort to centralize resources • Coordinate messaging with SMC Fire (Member Agencies) for consistency • Create landing page of COVID -19 general information on City website – https://www.fostercity.org/covid19
• Create landing page of COVID-19 available City services online and by appointment on City website – https://www.fostercity.org/citymanager/page/citywide-services • Create landin g page of COVID -19 response/programs on City website – https://www.fostercity.org/citymanager/page/foster-city-covid-19-response • Create landing page of COVID -19 busi ness resources on City website – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Enable alert on top header of City website with latest City update on COVID-19 • Enable spotlight on City website main page directing to COVID-19 landing page Ongoing
Provide messaging that increases public awareness of mandatory precautionary measures and available resources for the community
• Signage –
o City Facilities Closures – Posted at Building Entrances, Gated Park Facilities, Playgrounds, Bathrooms, etc.
o Electronic Board (for Social Distancing) – Placed on Levee Pedway o Chalk Markings (for Social Distancing) – 6 Feet Markers on Levee Pedway o Metal Signage (for Social Distancing) – Posted Along Levee Pedway o City Facilities Requirements – Face Coverings , Social Distancing Guidelines/Floor Markers, Limited Capacity in Common Spaces, etc. • FCTV Bulletin – Updated with COVID-19 Information
• Electronic Marquee – Updated with COVID-19 Information • Press Releases –
o March 11, 2020
o March 13, 2020
o March 15, 2020
o March 16, 2020
o April 3, 2020
o April 8, 2020
Ongoing
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o April 22, 2020
o April 23, 2020
o April 30, 2020
o May 27, 2020
o June 3, 2020
o October 7, 2020
o June 2, 2021
o June 17, 2021
o July 16, 2021
o July 28, 2021
o October 28, 2021
o January 5, 2022
• Videos/Public Service Announcements –
o Letter from Mayor (Released 03/18/20)
o Video from Mayor (Released 03/26/20)
o Letter from Mayor (Released 03/31/20)
o Joint PSA with SMC Fire Member Agencies (Released on 04/10/20) o COVID-19 Relief Program (Released 05/14/20)
o Summer Safety Message from City Council (Released 06/04/20) o Congratulations to Class of 2020 (Released on 06/09/20) o Visit City Hall Online (Released 07/01/20)
o Submit Permits Online (Released 07/01/20)
o Wear a Mask (Released 08/11/20)
• E-Newsletter/Weekly City Update –
o March 26, 2020
o April 1, 2020
o April 10, 2020
o April 16, 2020
o April 23, 2020
o May 1, 2020
o May 7, 2020
o May 14, 2020
o May 21, 2020
o May 28, 2020
o June 4, 2020
o June 11, 2020
o June 18, 2020
o June 25, 2020
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o July 1, 2020
o July 9, 2020
o July 16, 2020
o July 23, 2020
o July 30, 2020
o August 6, 2020
o August 13, 2020
o August 20, 2020
o August 27, 2020
o September 3, 2020
o September 10, 2020
o September 17, 2020
o September 24, 2020
o October 1, 2020
o October 8, 2020
o October 15, 2020
o October 22, 2020
o October 29, 2020
o November 5, 2020
o November 12, 2020
o November 19, 2020
o November 26, 2020
o December 3, 2020
o December 10, 2020
o December 16, 2020
o December 31, 2020
o January 7, 2021
o January 15, 2021
o January 21, 2021
o January 28, 2021
o February 4, 2021
o February 11, 2021
o February 18, 2021
o February 25, 2021
o March 4, 2021
o March 11, 2021
o March 18, 2021
o March 25, 2021
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o April 1, 2021
o April 8, 2021
o April 15, 2021
o April 22, 2021
o April 29, 2021
o May 6, 2021
o May 13, 2021
o May 20, 2021
o May 27, 2021
o June 3, 2021
o June 10, 2021
o June 17, 2021
o June 24, 2021
o July 1, 2021
o July 8, 2021
o July 15, 2021
o July 22, 2021
o July 29, 2021
o August 5, 2021
o August 12, 2021
o August 19, 2021
o August 26, 2021
o September 2, 2021
o September 9, 2021
o September 16, 2021
o September 23, 2021
o September 30, 2021
o October 7, 2021
o October 14, 2021
o October 21, 2021
o October 28, 2021
o November 4, 2021
o November 10, 2021
o November 18, 2021
o November 24, 2021
o December 2, 2021
o December 9, 2021
o December 16, 2021
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o December 22, 2021
o December 29, 2021
• Recology Billing Mailer –
o June: “We’re in this together, Foster City! Thank you for helping slow the spread of COVID-19. Practice social distancing of at least 6 feet, wear a face covering, and wash your hands frequently. Follow Foster City news and updates at www.fostercity.org/covid19.”
o August: Flyer – “It’s up to all of us, Foster City”
Participate in opportunities for community education whenever possible • City Manager provided COVID-19 update to Rotary Club on 03/25/20 (via Zoom) • Patrol Officers to educate public whenever responding to/enforcing violation reports • Police Chief to host Community Connect/FCPD Virtual Station Tour/Live Q&A event on 04/16/20 (via Facebook Live)
• City Manager and Mayor provided update to Foster City Village on 03/23/21 (via Zoom)
• Partnered with Congresswoman Speier to host a week-long “In America: Remember” exhibit honoring San Mateo County residents who died of COVID-19 from 11/07/21 to 11/14/21
Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO SUPPORT NEEDS OF VULNERABLE/AT-

RISK POPULATIONS, MOBILIZING

COMMUNITY-BASED ORGANIZATIONS,

NON-PROFITS, AND PRIVATE SECTOR
Work in partnership with community-based organizations and/or non-profits to help support needs of at-risk populations
• Volunteers at-Large: Direct all volunteer inquiries to County for centralized deployment system – https://www.surveymonkey.com/r/WSXH6PZ • Senior Services:
o Rotary Club Senior Meals Program – Generally, first and third Tuesday of the month; however, suspended until further notice as they have a highly social aspect to them.
o Foster City Village – Actively conducting Meals on Wheels (Mon day-Friday), providing transportation to urgent medical appointments, picking up prescriptions, and conducting their “We Care” program where FCV volunteers make phone calls to their members as a friendly, supportive check in o Foster City Village – City Council allocated $5,000 on 04/06/20 to help provide protective supply purchases, grocery b ag deliveries, food distributions, and gasoline cards for volunteer drivers. These measures will help with additional expenses incurred by the Village as they continue operations while protecting our seniors during the pandemic.

Ongoing
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o Senior Shopping Hours – Foster City Safeway (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Target at Bridgepointe (Tuesdays and Wednesdays from 8:00 AM-9:00 AM), Lucky Supermarkets (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Costco (Tuesdays and Thursdays from 8:00 AM-9:00 AM), Ranch 99 (every weekday from 8:00 AM-9:00 AM), and Trader Joe's (daily from 9:00 AM-10:00 AM)
o Foster City Village – Comfort Care Meal Delivery Program for 20 Weeks (01/28/21 to 06/10/21) includes one weekly meal prepared by rotating Foster City restaurants and hand-delivered by volunteer cadre (including Foster City staff)
• Food Distribution:
o Second Harvest Food Bank – Pre-boxed meals distribution to take place the first and third Friday at 9:00 AM/9:30 AM at the Recreation Center parking lot, in a drive-up fashion
o SMFC School District Food Program – Free meal program, grab and go style breakfast and lunch meals, available for all kids and teens 18 and under at Foster City Elementary School. City Council approved allocation of $10,000 on 05/11/20 to help costs of expanding this program. [ENDED] o Great Plates Program – Delivering meals to older adults who are at heightened risk and are unable to obtain or prepare meals on their own while sheltering in place [ENDED]
o Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
• Students/Distance Learning:
o SMFC Education Foundation – City Council approved allocation of $10,000 to help supplement costs of hot spots and internet access to carry out distance learning programs.

Collaborate with the County, SAMCEDA, and Foster City Chamber of Commerce to understand impacts of COVID-19 on businesses and develop financial assistance programs that can offer immediate relief as needed
• Issued survey to businesses to better understand economic impacts of COVID -19 – https://www.surveymonkey.com/r/BXH6H86
• Built Business Resources Page on City website that includes latest updates – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Built directory of businesses open/available for delivery or pick -up – https://local.fostercity.org/
Ongoing
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• Help promote San Mateo County Strong Fund, donation f und to help residents, nonprofit organizations and small businesses – https://www.smcstrong.org/ • Evaluated U.S. Senate Bill S.3548 - Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and an informational report was provided to the City Council on 04/06/20. • Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses ) approved by City Council on 04/06/20.
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Participated in Chamber of Commerce “Chamber Cares Initiative” Weekly Meeting re:

COVID-19 Impacts on Non-Profits 06/16/20
• Outdoor dining temporarily allowed for restaurants looking to provide outdoor dining service and suspend ed Code Enforcement a ctions approved by City Council on 07/06/20
• Prepared and distributed approximately (100) Rethink, R eopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • Outdoor services temporarily allowed for businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices , and suspended Code Enforcem ent actions approved by City Council on 07/31/20
• Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) • Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief 151

• Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Prefe rences, which was open between 03/11/21 -03/11/21; findings received and accepted by City Council on 04/19/21
• Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 • Helped promote living!LOCAL Holiday Marketplace by Chamber of Commerce to highlight local goods and services, and benefitting both shoppers and family -run businesses – https://www.whimlocal.com/event/livinglocal/feed • Helped promote Microfood Business Grant Program to help microfood businesses that have not received assistance from the County COVID -19-relief programs in the past 12 months – https://www.smcstrong.org/archivedapplyforfunding Continue dialogue with hotels to understand impacts of COVID-19 on occupancy and consider use of hotels as alternative care facilities
• Connected Nathan Tsai (owner of Crowne Plaza and Towne Place Suites) with County Manager Mike Callagy regarding 650 rooms available
Ongoing
Address risks of homelessness and/or displacement
• Countywide eviction moratorium ordinance; resolution adopting an Emergency Regulation, Pursuant to Section 8634 of the Government Code and Chapter 2.46 of the San Mateo County Ordinance Code, establishing a temporary, countywide moratorium on eviction for non -payment of rent by residential tenant s directly impacted by the COVID -19 pandemic; extended through July 28 , 2020 by Board of Supervisors on 06/23/20
• Temporary countywide eviction moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic through August 31 and extended the time period in which delayed payments shall be made; amendment to Emergency Regulation approved by Board of Supervisors on 08/04/20 • Allocation of $1 million to the San Mateo County Emergency Financial Assistance Program (ERAP) and c ontinued outreach for the state Emergency Rental Assistance Program to help residents impacted by COVID -19. Eligible applicants include renters/tenants those who have experienced financial hardship due to COVID -19, have past due rent or utilities, and have a household income that is not more than 80% of the area median income, as well as property owners/landlords with income - eligible renters. Approved by Board of Supervisors on 06/29/21 Passed on
03/24/20;
06/23/20;
08/04/20
Support mental wellness/wellbeing of the Foster City Community • Promote and expand on Virtual Recreation and Resource Center to keep community engaged and active – https://www.fostercity.org/parksrec/page/virtual-recreation- and-resource-center
• Promoted San Mateo County Psychological Association (SMCPA) Virtual Town Halls (04/05/20 and 04/09/20)
Ongoing
152

• Participated in ‘Thank You Event’ at San Mateo Medical Center with SMC Fire Member Agencies, Public Safety Personnel, City Staff, and Legislative Officials (05/04/20) Build out database for Countywide Community Evacuation Interface to support mass shelter in place and assist with information sharing – https://community.zonehaven.com/ • Assigned liaison to support data needs, provide resources, and update map Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO FOSTER A SAFE WORKPLACE AND

ENABLE THE EMPLOYEE BASE TO

PERFORM
Scale workforce to essential functions only and transition employees to telework/remote to extent possible
• Distributed Teleworking Policy and Form to all employees (March 2020 and December 2020)
• Staffing levels/schedule established on a weekly/monthly basis (dependent on department)
• Provided regular updates to all employees via City Manager and Human Resources (issued 11 internal memos to -date) and Management Team Meeting (on 05/27/20) and All-Hands Meeting (on 05/28/20, 07/29/20, and 12/15/20) • Provided regular updates to City staff via bimonthly City Manager update “The Bulletin” (First and Third Fridays of Each Month); transitioning to monthly updates in 2021
• Shared information on Families First Coronavirus Response Act • Provided tools for all employees to effectively work remotely (with IT Assistance); includes equipment issuance, tele/video conferencing tools such as Microsoft Teams and Zoom, and web -based Employee Resource Page –
https://www.fostercity.org/employees
• Established ‘Return to Work Taskforce ’ and Developed ‘Employee Return to Work’ Policy
• Developed ‘Adaptable Work Schedule Program’
Ongoing
Ensure safety of front-line/essential personnel, i.e. first responders • Ensure personnel are equipped with PPE and are able to minimize in -person interactions whenever possible (reduced access to Police & Fire Departments, alternate teams/shifts, etc.)
• Provide accommodations for quarantining/isolation by coordinating with County EOC • Provide resources to COVID -19 testing if needed through https://verily.com/ or https://www.projectbaseline.com/study/covid-19/
• Provide childcare options for front -line/essential personnel, i.e. first responders – https://sanmateo4cs.org/
o Shared survey to gather information and better assess needs jurisdiction – https://www.surveymonkey.com/r/SMC_COVID19_childcare
Ongoing
153