Foster City City Council
June 6, 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 TELEC ONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVE RNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC

THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY-ORG.ZOOM.US/J/84167657939 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA 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 be held via teleconference in addition to in person. 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 or attend the meeting in person. Below is information on how the public may observe and participate in the meeting.

To Attend the Meeting in Person:
• Location: 620 Foster City Blvd, Foster City, California, 94404

To Provide Public Comment in Person:
• Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until t he staff presentation on an agenda item ends, or until the public comment period on non- agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:
• To access the meeting by computer / smartphone, go to:
https://fostercity-org.zoom.us/j/84167657939

• To dial-in via phone:
1-669-900-6833 or
1-408-638-0968
And enter Webinar ID: 841 6765 7939

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) 1 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.

AGENDA

Monday, June 6, 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. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Recognizing June 2022 as LGBTQ Pride 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.

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 2 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 May 16, 2022

6.1.2. City Council and Planning Commission Joint Special Meeting of May 17, 2022

6.1.3. City/EMID Special Meeting of May 18, 2022

6.1.4. City/EMID Special Meeting of May 24, 2022

6.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-55 and EMID Resolution Number to be used tonight is 3649)

6.2.1. A Resolution of the City Council of the City of Foster City, California, Establishing the Property Tax Rate for General Obligation Bonds for Fiscal Year 2022-2023
a) Staff Report
b) Adopt Resolution

6.2.2. A Resolution of the City Council of the City of Foster City Approving a Temporary Use Permit and Authorizing the Temporary Closure of Shell Boulevard Between East Hilldsale Boulevard and South Service Road, Balclutha Drive Between the Round-About on the Peninsula Jewish Community Center (PJCC) Campus and Shell Boulevard, and the Temporary Closure of the Shell Boulevard Exit of the South Service Road for Summer Days 2022
a) Staff Report
b) Adopt Resolution

6.2.3. A Resolution of the City of Foster City Authorizing an Agreement with the City of San Jose for Minimum Wage Enforcement Services in an Amount Not-to-Exceed $45,000 for an Initial Three-Year Term from July 1, 2022 to June 30, 2025, with an Option to Extend the Agreement for an Additional Two-Year Term in an Amount Not-to-Exceed $15,000 Per Year a) Staff Report
b) Adopt Resolution

6.2.4. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with Primegov for Agenda Management Software in an Amount Not to Exceed $40,721
a) Staff Report
b) Adopt Resolution

3 6.2.5. A Resolution of the City Council of the City of Foster City Appropriating Funds from the Information Technology Equipment Replacement Fund Account Number 504-0160-419-4388 and Authorizing the City Manager to Execute an Agreement With Cities Digital, Inc. for Laserfiche Document Management Software in an Amount Not to Exceed $44,085
a) Staff Report
b) Adopt Resolution

6.2.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Execution of an Agreement for the City of Foster City IT Division to Provide Information Technology Services to the San Mateo Consolidated Fire Department in the Amount of $39,867 for FY 2022-2023 and Authorizing the City Manager to Execute the Agreement; and
b)
A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Execution of an Agreement for the Estero Municipal Improvement District IT Division to Provide Information Technology Services to the San Mateo Consolidated Fire Department in the Amount of $39,867 for FY 2022-2023 and Authorizing the District Manager to Execute the Agreement
c) Staff Report
d) Adopt Resolutions

6.2.7. a) A Resolution of the City Council of the City of Foster City Awarding a Contract to Disability Access Consultants (DAC) in an Amount Not to Exceed $130,000 for Services to Update Written Policies Relating to Americans With Disabilities Act (ADA) and Self-Evaluation and Transition Plan; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Awarding a Contract to Disability Access Consultants (DAC) in an Amount Not to Exceed $130,000 for Services to Update Written Policies Relating to Americans With Disabilities Act (ADA) and Self-Evaluation and Transition Plan
c) Staff Report
d) Adopt Resolutions

6.2.8. A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Extension of a Pilot Water/Wastewater Rate Assistance Program (W/WRAP) Through June 30, 2023
a) Staff Report
b) Adopt Resolution

6.2.9. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Issuance of a Request for Proposals for Professional Emergency Generator Design Services
a) Staff Report
b) Adopt Resolution

4 6.3. City/EMID Other

6.3.1. By Minute Order, Approve Recommended Advocacy Positions on Priority Legislation for the 2022 State Legislature
a) Staff Report

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Public Comments Regarding the City/District Preliminary Budget for Fiscal Year 2022-2023 a) Open Public Hearing
b) Staff Report
c) Receive Public Testimony
d) Close Public Hearing
e) Action - By Minute Order, Provide Policy Direction

7.2. A Public Hearing to Hear and Consider Comments Regarding Establishing Water Rates for Fiscal Year 2022-2023
a) Open Public Hearing
b) Staff Report
c) Receive Public Testimony
d) Close Public Hearing
e) Action - A Resolution of the City Council of the City of Foster City Establishing New Water Rates for Fiscal Year 2022-2023
f) Action - A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing New Water Rates for Fiscal Year 2022-2023

7.3. A Public Hearing to Hear and Consider Comments Regarding an Amendment to the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 5.135-Acre Parcel Known as 1065 East Hillsdale Boulevard in the C-2/PD (General Business/Planned Development Combining) District with an Amended General Development Plan to Allow an Approximately 5,200 Square Feet of Restaurant/Retail Use Located at 1065 East Hillsdale Boulevard at the Northwest Corner of Foster City Boulevard and East Hillsdale Boulevard (RZ2021-0002)
a) Open Public Hearing
b) Staff Report
c) Receive Public Testimony
d) Close Public Hearing
e) Action - An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 5.135 Acre Parcel Known as 1065 East Hillsdale Boulevard at the Northwest Corner of Foster City Boulevard and East Hillsdale Boulevard in the C-2/PD (General Business/Planned Development) District with an Amended General Development Plan to Allow an Approximately 5,200 Square-foot Restaurant/Retail Use – Town Center Neighborhood – APN 094-512-080 – RZ2021-0002
i. Introduce Ordinance by Title, by Motion Waive Further Reading ii. By Motion Pass Ordinance to Second Reading
5 8. REPORTS

8.1. Consideration of Applications for Non-Profit Agency Funding for Fiscal Year 2022-2023
a) Staff Report
b) Action - By Minute Order, Provide Policy Direction

8.2. Report on Potential Business License Tax Ordinance Amendment and Consideration of November 8, 2022 General Election Ballot Measure a) Staff Report
b) Action - By Minute Order, Provide Policy Direction

9. ORDINANCES FOR INTRODUCTION

9.1. An Ordinance of the City of Foster City Amending Sections 15.12.010 (Purpose, Objective, Intent), 15.12.020 (Definitions), 15.12.170(J) (Exempt Signs-political Signs) and 15.12.180 (Temporary Signs) Within Chapter 15.12 (Sign Control) of Title 15, Buildings and Construction of the Foster City Municipal Code Relating to Temporary Non-commercial Rights-of-way Signs
a) Staff Report
b) Action
i. Introduce Ordinance by Title, by Motion Waive Further Reading ii. By Motion Pass Ordinance to Second Reading

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Calling and Giving Notice of the Holding of a General Municipal Election to Be Held on Tuesday, November 8, 2022 for the Election of Certain Officers (Two Members of the City Council) as Required by the Provisions of the Laws of the State of California Relating to General Law Cities
a) Staff Report
b) Action - Adopt Resolution

10.2. A Resolution of the Board of Directors of the Estero Municipal Improvement District Declaring a Water Shortage Emergency Condition and Authorizing the Implementation of Water Conservation Measures as Defined in Section 8.60.050 a, B, C, D, E, F, and L of Chapter 8.60 of the District Code a) Staff Report
b) Action - Adopt Resolution

6 11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on May 16, 2022 a) Information Item Only
b) No Action Required

12. 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.

13. CLOSED SESSION

13.1. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to 54956.9(d)(2)(e)(1): (2 potential cases)

13.2. Public Employee Appointment (Government Code §54957) Title: City/District Manager

13.3. Report Out from Closed Session

14. 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

7 8
9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MAY 16, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of May 16, 2022 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 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.

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: Edmund Suen, Interim City/District Manager, Ben Stock, City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Robert Marshall, Fire Marshal; Louis Sun, Public Works Director; Mark Lee, Police Lieutenant; Jenna Grimaldi, Police Sergeant; Rob Lasky, IT Manager; Tiffany Oren, Recreation Manager; Yelena Cappello, Deputy City Clerk; Francine Magno, Senior Civil Engineer; Roger Fisher, Police Reserve; Kevin Ortiz, Management Coordinator; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION DECLARING THE WEEK OF MAY 15-21, 2022 AS "NATIONAL PUBLIC WORKS WEEK".

Councilmember Hindi presented a proclamation declaring the week of May 15-21, 2022 as “National Public Works Week” to Maintenance Worker Victor Sandoval. 10 PROCLAMATION DECLARING THE WEEK OF MAY 15-21, 2022 AS "NATIONAL POLICE WEEK" AND MAY 15, 2022 AS "PEACE OFFICERS' MEMORIAL DAY".

Vice Mayor Froomin presented a proclamation declaring the week of May 15-21, 2022 as “National Police Week” and May 15, 2022 as “Peace Officers’ Memorial Day” to Sgt.

Jenna Grimaldi.

PROCLAMATION RECOGNIZING THE ANNIVERSARY OF STATE FARM
INSURANCE.

Councilmember Gehani presented a proclamation recognizing the Anniversary of State Farm Insurance to Jennifer Selvitella.

PROCLAMATION RECOGNIZING MAY 2022 AS "MENTAL HEALTH MONTH".

Mayor Awasthi presented a proclamation recognizing May 2022 as “Mental Health Month” to Mental Health Substance Abuse Recovery Commissioner Candice Hawley, and San Carlos Mayor Sara McDowell spoke about the San Mateo Mayors Mental Health Initiative.

PUBLIC
The following people addressed the City Council via email:

1. Vicky Fukuhara, regarding geese depredation;

2. Katie Hansen, Senior Legislative Director of California Restaurant Association, regarding Minimum Wage; and

3. Ann Lee, regarding geese depredation.

The following people addressed the City Council in person:

1. David Saito, Secretary of the Foster City Sister City Association regarding an update on the Sister City Program activities and clarification on non-profit funding request;

2. Michael Schultz, regarding geese depredation;

3. Bethany Berkowitz, representing Mission Hospice and Home Care, regarding non- profit funding;

4. Phyllis McArthur, regarding geese depredation;

5. Pam Lampkin, representing Hillbarn Theater, regarding non-profit funding;

6. Candice Hawker, regarding mental health; and

7. Jayce Stucker, regarding geese depredation.

The following people addressed the City Council via teleconference:

1. Terri Boesch, Executive Director at Call Primrose, regarding non-profit funding;

2. Lindsay Raike, President of Warm Water Wellness, regarding the closure of the Mickelson Arthritis and Rehabilitation Center pool

3. Tonia Moore, regarding geese depredation;
11 4. Juliana Seawell, regarding geese depredation;

5. Andrew Magee, regarding geese depredation;

6. Jorge Maya, regarding geese depredation;

7. Kristie Beaver, regarding geese depredation;

8. Alison Barnard, regarding geese depredation;

9. Rafa, regarding geese depredation;

10. Rocky Chau, regarding geese depredation; and

11. Oscar Allen, regarding geese depredation.

Vice Mayor Froomin read a statement submitted by Public Works Director Sun nominating Engineering Manager Galli for the Peninsula Recognition of Passionate Service (PROPS) award.

Engineering Manager Galli thanked the City Council and Public Works Director Sun for their support.

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

City/EMID Consent Calendar

1. Minutes of Regular Meeting of May 2, 2022;

2. Minutes of Special Meeting of May 9, 2022;

3. City Resolution No. 2022-48, “A Resolution of the City Council of the City of Foster City Awarding a Sidewalk Repair and Replacement Agreement with Spencon Construction, Inc., in an Amount Not to Exceed $100,000 Per Year, for a Term of July 1, 2022 Through June 30, 2024;”

4. City Resolution No. 2022-49, “A Resolution of the City Council of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E. Hillsdale Boulevard to Bounty Drive; the Closure of Vehicular Traffic Flow on Balclutha Drive West of the Turnaround Location in Front of the PJCC Campus and Shell Boulevard; the Closure of Vehicular Traffic Flow on E. Hillsdale Boulevard From Edgewater Boulevard to Foster City Boulevard; the Shell Boulevard Exit From the South Service Road of the PJCC Campus; and the Shell Boulevard Exit From Civic Center Drive for the Fourth of July Celebration on July 4, 2022;”

5. City Resolution No. 2022-50, “A Resolution of the City Council of the City of Foster City Approving an Agreement for a Trackless Train Concession with Kiddos ChuChu LLC from June 1, 2022, through December 31, 2024, with Two (2) Optional One (1) Year Extensions;”

6. City Resolution no. 2022-51, “A Resolution of the City Council of the City of Foster City Directing that the LGBTQ Progress Pride Flag be Flown from June 1, 2022 12 through June 30, 2022 in Recognition of Pride Month Pursuant to the City Hall Flag Display Policy;”

7. City Resolution No. 2022-52, “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;”

8. EMID Resolution No. 3646, “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;”

9. EMID Resolution No. 3647, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Sole Source Purchase of Sensus Large Water Meters from Thirkettle Corporation, (Dba Aqua-metric Sales Company) in an Amount Not to Exceed $150,000.00;” and

10.Minute Order No. 1855, “By Minute Order, Receive and Accept 3rd Quarter Fiscal Year 2021-2022 Financial Update.”

ITEMS REMOVED FROM CONSENT CALENDAR
MASTER AGREEMENT WITH BARTOS ARCHITECTURE, INC. FOR PROFESSIONAL ON-CALL ARCHITECTURAL/BUILDING SERVICES. CITY RESOLUTION NO. 2022-53.

EMID RESOLUTION NO. 3648. TAKEN OUT OF AGENDA ORDER.

Without objection from the City Council/EMID Board of Directors, Mayor/President Awasthi removed this item from the Consent Calendar at the request of Councilmember/Director Hindi.

Discussion ensued.

Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-53, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Master Agreement with Bartos Architecture, Inc. for Professional On-Call Architectural/Building Services” and EMID Resolution No. 3648, “A Resolution of Board of Directors of the Estero Municipal Improvement District Authorizing the Mayor to Execute a Master Agreement with Bartos Architecture, Inc. for Professional On-Call Architectural/Building Services.”
ADDING CHAPTER 5.73 (MINIMUM WAGE) TO THE FOSTER CITY MUNICIPAL CODE (FIRST READING MAY 9, 2022). CITY ORDINANCE NO. 648. TAKEN OUT OF AGENDA ORDER.
13 Without objection from the City Council, Mayor Awasthi removed this item from the Consent Calendar at the request of Vice Mayor Froomin and Councilmember Gehani.

Councilmember Gehani recused himself due a conflict of interest because he owns a business within Foster City.

Councilmember Gehani left the room at 7:58 p.m. to 8:03 p.m.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried, 3- 0-1, Vice Mayor Froomin abstained, adopting City Ordinance No. 648, “An Ordinance of the City of Foster City Adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code (First Reading May 9, 2022).”

NEW BUSINESS
APPOINTMENT OF ONE MEMBER TO NEW FULL TERM FROM JUNE 1, 2022 THROUGH MAY 31, 2026 ON THE PLANNING COMMISSION. APPLICANTS LISTED IN ALPHABETICAL ORDER ARE: SIRISH BINDAL, SAM GILL, GAURAV KESWANI, MAXWELL KWAN, PHOEBE VENKAT, AND CINDY WANG. CITY RESOLUTION NO. 2022-54.

Communications Director/City Clerk Schaus presented the staff report.

The following people addressed the City Council via email:

1. Marlene Hopper;

2. Percival Tieng, 808 Prowshead Lane;

3. Alison Proctor;

4. Jamie Lee; and

5. Hans-Christian Metz.

The following applicants were interviewed by the City Council for appointment to the Planning Commission:

1. Sirish Binda;

2. Maxwell Kwan; and

3. Phoebe Venkat.

City Clerk Schaus read into the record a statement provided by applicant Gaurav Keswani.

RECESS. The meeting recessed at 8:30 p.m. and reconvened at 8:32 p.m.

Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-54, “A Resolution of the City 14 Council of the City of Foster City Appointing One Member to the Foster City Planning Commission [Phoebe Venkat was appointed from June 1, 2022 through May 31, 2026].”

REPORTS

REPORT ON WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER PROGRAM - UPDATE FOR JANUARY THROUGH MARCH 2022. MINUTE ORDER NO. 1855.

Public Works Director Sun presented the staff report.

Discussion ensued.

Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1855, receiving and accepting the Report on Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) - Clean Water Program - Update for January through March 2022.

LEVEE PROTECTION PLANNING & IMPROVEMENTS PROJECT (CIP 327-657) MONTHLY UPDATE. MINUTE OTDER NO. 1856.

Public Works Director Sun presented the staff report.

Discussion ensued.

Motion by Councilmember Sullivan, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting Minute Order No. 1856, receiving and accepting the Levee Protection Planning & Improvements Project (CIP 327-657) Monthly Update.

REPORT ON DEVELOPMENT IMPACT FEES AND COMMERCIAL LINKAGE FEES.

MINUTE ORDER NO. 1857.

Community Development Director Subhashini presented the staff report.

Discussion ensued.

RECESS. The meeting recessed at 9:23 p.m. and reconvened at 9:28 p.m.

Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting Minute Order No. 1857, directing staff to proceed with the following:

1. Lower Development Impact Fees on retail and office development and retain hotel and industrial as proposed;
15 2. For Commercial Linkage Fees, set office and industrial fees closer to Foster City adjusted maximum except retail and hotel. For retail and hotel, retain or lower linkage fees; and

3. Provide waivers of Development Impact Fees as follows: 0% waiver for moderate affordability, 75% waiver for very low and low affordability if 20% of units are affordable within the development, and for Accessory Dwelling Units, and 100% waiver for very low and low units if development has 25% or higher affordability.

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

City/District Warrants of Demands were Processed and Issued on April 28, 2022 and May 5, 2022 and ACH were Processed on May 5, 2022.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
Interim City/District Manager Suen stated there is a joint City Council and Planning Commission meeting on May 17. He stated there is an increase in COVID-19 cases in the county and encouraged the public to continue key prevention strategies such as getting the vaccine and boosters, wear well-fitting masks indoors, testing as soon as possible if you have symptoms or have been exposed, and strongly encouraged the public to wear masks indoors at City facilities. He stated for more information regarding COVID-19 testing, to visit myturn.ca.gov or contact your primary care provider.

Councilmember/Director Sullivan congratulated Phoebe Venkat for her appointment to the Planning Commission. He stated he met with Vice Mayor Froomin and Police Chief Avelar on May 11 and attended the San Mateo-Foster City Elementary School District Board meeting on May 12. He also attended HIP Housing’s 50th anniversary celebration on May 12 with Councilmember Hindi and congratulated HIP Housing Chair Shelly Pavela. He thanked Police Chief Avelar for giving an inspiring talk at the leadership council on May 13.

Councilmember/Director Gehani stated he attended the San Mateo County Library Joint Power Authority (JPA) Governing Board Meeting on May 16 and reported that attendance at libraries is increasing and there are healthy reserves. He encouraged everyone to visit libraries in San Mateo County.

Councilmember/Director Hindi stated he attended the HIP Housing 50 th anniversary celebration on May 12. He requested a moment of silence for the mass shooting in Buffalo, New York.

Vice Mayor/Vice President Froomin stated he met with Police Chief Avelar on May 11.

He requested from staff that the Economic Development reports related to Costco and 16 Golf Course including constraints analysis and ownership is brought forth to the City Council in a timely fashion. He thanked staff for removing illegally posted campaign signs.

Mayor Awasthi stated she attended the City/County Association of Governments (C/CAG) Board meeting on May 12 and stated there was discussion on the micro mobility feasibility study and implementation plan. She requested that staff share the survey link to the public and noted that responses are due June 17. She stated she received numerous concerns about the Traffic Relief Program. She thanked the City Council for their support on the letter prepared by staff for One Shoreline.

CLOSED SESSION
Mayor/President Awasthi recessed the meeting into Closed Session for:

1. Public Employee Appointment (Government Code §54957) Title: City Manager; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 10:48 p.m. and reconvened at 11:03 p.m.

City Attorney 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 11:03 p.m.
17 CITY OF FOSTER CITY/

FOSTER CITY PLANNING COMMISSION
SPECIAL MEETING OF MAY 17, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL AND FOSTER CITY PLANNING COMMISSION The duly called and noticed special meeting of the City Council and Planning Commission of the City of Foster City (City), sitting as said Council and Planning Commission of May 17, 2022 was called to order at 6:30 p.m. by Mayor 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.

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

PRESENT: Councilmembers Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan and Mayor Richa Awasthi.

Planning Commissioners Evan Adams, Charlie Bronitsky, Nicolas Haddad and Ravi Jagtiani.

ABSENT: Chair Rick Wykoff.

STAFF PRESENT: Edmund Suen, Interim City Manager, Denise Bazzano, Assistant Attorney; Jenn Phan; Interim Deputy City Manager; Marlene Subhashini, Community Development Director; Tracy Avelar, Police Chief; Mark Lee, Police Lieutenant; Leslie Carmichael, Planning Consultant; Rob Lasky; IT Manager; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

PUBLIC
Policy Manager Jeremy Levine, representing Housing Leadership Council, addressed the City Council and Planning Commission via email and teleconference.

STUDY SESSION
Mayor Awasthi recessed the meeting into study session for Joint City Council & Planning Commission study session for Public Review Draft of the Housing Element Update for the 2023-2031 Planning Period.

Community Development Director Subhashini and Consulting Planner Carmichael presented the staff report and facilitated the discussion. 18 Discussion ensued.

RECESS. The meeting recessed at 9:05 p.m. and reconvened at 9:14 p.m.

Meeting recessed into study session at 6:38 p.m. and reconvened at 9:35 p.m.

ADJOURNMENT
Hearing no objection from the City Council and Planning Commission, Mayor Awasthi adjourned the meeting. Meeting adjourned at 9:35 p.m.
19 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MAY 18, 2022

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 May 18, 2022 was called to order at 6:00 p.m. by Mayor/President Awasthi.

Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N- 08-21, the meeting was held as a teleconference meeting.

ROLL CALL
The Deputy City Clerk/Deputy Recording Secretary called the roll:

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

ABSENT: None.

STAFF PRESENT: Maria Saguisag-Sid, Human Resources Director; Rob Lasky, IT Manager; and Yelena Cappello, Deputy City Clerk/ Deputy Recording Secretary.

CLOSED SESSION
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi recessed the meeting into Closed Session for the following:

1. Public Employee Appointment (Government Code § 54957) Title: City/District Manager; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 6:02 p.m. and reconvened at 10:25 p.m.

Mayor/President Awasthi 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 10:25 p.m. 20 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MAY 24, 2022

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 May 24, 2022 was called to order at 6:00 p.m. by Mayor/President Awasthi.

Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N- 08-21, the meeting was held as a teleconference meeting.

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

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

Councilmember Gehani arrived at 6:02 p.m.

ABSENT: None.

STAFF PRESENT: Maria Saguisag-Sid, Human Resources Director; Rob Lasky, IT Manager; and Priscilla Schaus, Communications Director/City Clerk.

CLOSED SESSION
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi recessed the meeting into Closed Session for the following:

1. Public Employee Appointment (Government Code § 54957) Title: City/District Manager; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 6:01 p.m. and reconvened at 7:15 p.m.

Mayor/President Awasthi 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 7:15 p.m.
21 DATE: June 6, 2022

TO: Mayor and Members of the City Council

FROM: Edmund Suen, Interim City Manager

SUBJECT: ESTABLISHING THE PROPERTY TAX RATE FOR GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2022-2023

RECOMMENDATION
It is recommended that the City Council approve the attached resolution establishing the property tax rate for general obligation bonds for Fiscal Year 2022-2023.

EXECUTIVE SUMMARY
In August 2020, the City issued General Obligation Bonds, Series 2020 (Levee Protection Planning and Improvements Project) "Bonds" in the aggregate principal amount of $85 million. The City Council is required annually to levy a property tax sufficient to pay the principal and interest on the Bonds. City staff has determined that a tax rate of $0.029 per $100 on assessed value (equates to $29 per $100,000 assessed value) upon taxable properties in the City is necessary to pay for the Bond debt service (principal and interest) of $5,407,312.50 that is due and payable on February 1, 2023 and August 1, 2023.

BACKGROUND AND ANALYSIS
In June 2018, Foster City voters approved a ballot measure authorizing the issuance of general obligation bonds for the Levee Protection Planning and Improvements Project for up to $90 million. In August 2020, the City Council authorized the issuance of General Obligation bonds in the aggregate 22 principal amount of $85 million. Given that there is a Bond debt service (principal and interest) of $5,407,312.50 that is due and payable on February 1, 2023 and August 1, 2023, City staff has determined that a property tax rate of $0.029 per $100 on assessed value (equates to $29 per $100,000 assessed value) is appropriate in Fiscal Year 2022-2023. The County requires a City Council resolution providing the County with the authority to add this levy to their tax roll.

FISCAL IMPACT
The recommended General Obligation Bonds tax levy provides funds needed in the City's Debt Service Fund for principal and interest payments for the bond year ending August 1, 2023. There is no impact to the General Fund.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item is in alignment with City Council's Vision and Mission statements on enhancing our quality of place for current and future generations through an investment in a major infrastructure improvement. It is also directly related to the City Council's Value/Priority Area on Facilities and Infrastructure, inclusive of the levee system.

Attachment:
Attachment 1 - Resolution
23 RESOLUTION NO. _____________

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

CALIFORNIA, ESTABLISHING THE PROPERTY TAX RATE FOR GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2022-2023

CITY OF FOSTER CITY
WHEREAS, this City Council (the “City Council”) of the City of Foster City (the “City”), located in San Mateo County (the “County”), California authorized the issuance of General Obligation Bonds, Series 2020 (Levee Protection Planning and Improvements Project), the “Bonds” in the aggregate principal amount of $85 million for purposes authorized by the voters of the City on June 5, 2018 (the “Bond Measure”); and WHEREAS, pursuant to Section 5403 of the Government Code, the City may levy a tax or assessment, as the case may be, in an amount clearly sufficient to pay that portion of the principal of and interest on said Bonds which is expected to become due and payable before the proceeds of the next succeeding tax or assessment levy will be available; and
WHEREAS, the City Council desires to establish the rate of property tax required to generate an amount of revenue from the tax base to provide sufficient moneys to pay debt service on the Bonds; and
WHEREAS, the debt service on the Bonds for the bond year ending August 1, 2023 is $5,407,312.50.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the property tax rate within the City for the City of Foster City General Obligation Bonds, Series 2020 (Levee Protection Planning and Improvements Project) for the fiscal year ending June 30, 2023 be and hereby is established at $0.029 per $100 assessed value, pursuant to Section 5403 of the Government Code; and BE IT FURTHER RESOLVED that the City Manager and the Finance Director are each hereby directed and authorized to take any and all actions necessary to ensure that such property tax rate is enrolled with the San Mateo Auditor-Controller. 24 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 6th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

RICHA AWASTHI, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK
25 DATE: June 6, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager

SUBJECT: TEMPORARY USE PERMIT AND STREET CLOSURES OF
FOSTER CITY SUMMER DAYS - AUGUST 19-21, 2022

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving a temporary use permit on August 19-21, 2022 for the Foster City Birthday Celebration, Summer Days, at Leo J. Ryan Memorial Park and authorizing the closure of portions of:
Shell Boulevard;
Balclutha Drive between the round-about and Shell Boulevard; The exit onto Shell Boulevard from the south service road of the Peninsula Jewish Community Center (PJCC) Campus; and
Civic Center Drive.

EXECUTIVE SUMMARY
The Foster City Parks and Recreation Department will use Leo J. Ryan Memorial Park, William Walker Recreation Center, and the Senior Wing parking lot for Foster City Summer Days from 8:00 AM on Thursday, August 18, 2022 until 5:00 AM on Monday, August 22, 2022. Associated street closures will occur from 9:00 AM on Thursday, August 18, 2022 until 5:00 AM on Monday, August 22, 2022 for the event include:
26 Shell Boulevard to be closed to through traffic between East Hillsdale Boulevard and South Service Road
Balclutha Drive to be closed to through traffic between the round-about and Shell Boulevard
Shell Boulevard exit off the far South Service Road on the PJCC campus to be closed
The exit off of Civic Center Drive onto Shell Boulevard, just west of the round-about on the PJCC campus to Shell Boulevard to be closed In addition, the Recreation Center south parking lot will close Tuesday, August 16 at 8:00 AM for placement of the carnival rides.

Signage will be placed on A-frames to draw attention to the parking lot and street closures. City staff will announce the street closure in the City's monthly e-newsletter, City Calendar, as well as include details in the Foster City Islander. Information on the event and street and parking lot closures will be posted and distributed through the Recreation Center, Senior Wing, and in classes and activities that generally take place at these locations. The City has discussed this plan with the PJCC and the Jewish Day School to ensure it meets their interests.

BACKGROUND
On May 14, 2018, the City Council directed staff to create a new, revenue- generating large special event managed by City staff. City Council direction was to develop an event that would have a local/community focus with a Citywide celebratory appeal and would be self-sustaining or revenue positive.

On February 22, 2022, the City Council authorized the addition of Summer Days as an on-going annual community event.

Summer Days is a multi-day event, that will incorporate the elements of a traditional community carnival with a modern twist (carnival rides open August 19, the evening before the full event opens on August 20). 2022 Summer Days Activity Schedule:

Carnival (Recreation Center Parking Lot & Shell Boulevard) Friday, August 19 - 5:00 PM-11:00 PM
Saturday, August 20 - 10:00 AM-11:00 PM
Sunday, August 21 - 10:00 AM-7:00 PM
27 Craft Vendors (Meadow and Along Shell Boulevard)
Saturday, August 20 - 11:00 AM-6:00 PM
Sunday, August 21 - 11:00 AM-5:00 PM
Food and Beverage (Shell Boulevard & Senior Wing Parking Lot) Saturday, August 20 - 11:00 AM-8:00 PM
Sunday, August 21 - 11:00 AM-5:00 PM
Entertainment (Meadow & Amphitheatre Stages)
Friday, August 19 - 5:00 PM-8:00 PM
Saturday, August 20 - 10:00 AM-8:00 PM
Sunday, August 21 - 10:00 AM-5:00 PM

ANALYSIS
The street festival concept encompasses a significant portion of Leo J. Ryan Memorial Park, as well as the Recreation Center. The proposed layout for 2022 includes and anticipates the following:
Shell Boulevard (between East Hillsdale Boulevard and Bounty Drive) closed to through traffic from 9:00 AM on Thursday, August 18 until 5:00 AM on Monday, August 22
Balclutha Drive (between the round-about on the PJCC campus and Shell Boulevard) closed to through traffic from 9:00 AM on Thursday, August 18 until 5:00 AM on Monday, August 22
Shell Boulevard exit from South Service Road of the PJCC campus will be closed from 9:00 AM on Thursday, August 18 until 5:00 AM on Monday, August 22
Shell Boulevard exit from Civic Center Drive will be closed from 9:00 AM on Thursday, August 18 until 5:00 AM on Monday, August 22 Security guards at barricades around the clock during the weekend, thus reducing the hours of reserve police officers
A wide walkway for attendees to move through the venue, therefore increasing public safety
Emergency access routes within the layout of the event Use of Recreation Center, Senior Wing, and surrounding park Parkside Towers parking structure and City Hall parking lot will be used to provide public parking
Vendor parking will be at 999 East Hillsdale Boulevard (Wells Fargo Bank parking lot)
28 The Recreation Center parking lot will be closed at 8:00 AM on Tuesday, August 16 through 12:00 PM on Monday, August 22 for setup, public usage, and breakdown of the carnival rides. The Senior Wing parking lot will be closed at 8:00 AM on Thursday, August 18 through 12:00 PM on Monday, August 22 for setup, festival access, and cleanup.

The street festival concept will allow participants to move from one side of Shell Boulevard to the other, while enjoying a wide variety of vendors and avoiding congestion. This plan will also allow the festival to utilize the entire Recreation Center and Amphitheater for entertainment, stage productions, youth activities, exhibits, and carnival.

Trash and recycling bins will be placed in the southeast corner of the Community Center/Library parking lot. The carnival staff trailer parking will be at a location outside of Foster City that will be determined by Classic Amusement. Vendors will be on Shell Boulevard from East Hillsdale Boulevard to Foster Square Lane; Senior Center parking lot; Gazebo; along the grass area closest to the lagoon and back area of the Recreation Center.

Accessible parking will be in front of Parkside Towers and in the Library and Community Center lot.

FISCAL IMPACT
The fiscal impact related to Summer Days is approximately $7,000 in staffing costs and is available and budgeted in the Parks Maintenance budget. Revenue from Summer Days is expected to recoup staff costs.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item aligns with the City Council’s mission under "Public Safety and Social Equity" Value/Priority Areas as the resolution promotes public safety and ensures the safety of our residents and visitors while attending city- sponsored community events.

Attachments:
Attachment 1 - Resolution
Attachment 2 - Summer Days Event Map
29 RESOLUTION NO.____________

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

APPROVING A TEMPORARY USE PERMIT AND AUTHORIZING THE TEMPORARY

CLOSURE OF SHELL BOULEVARD BETWEEN EAST HILLSDALE BOULEVARD AND

SOUTH SERVICE ROAD, BALCLUTHA DRIVE BETWEEN THE ROUND-ABOUT ON

THE PENINSULA JEWISH COMMUNITY CENTER (PJCC) CAMPUS AND SHELL

BOULEVARD, AND THE TEMPORARY CLOSURE OF THE SHELL BOULEVARD EXIT OF THE SOUTH SERVICE ROAD FOR SUMMER DAYS 2022

CITY OF FOSTER CITY
WHEREAS, the City of Foster City has requested a Temporary Use Permit to allow the use of Leo J. Ryan Memorial Park on August 19, August 20, and August 21, 2022, for Summer Days community event; and
WHEREAS, Section 21101(e) of Division 11 of the California Vehicle Code allows local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution allowing the temporary closing of any street for the purposes of any celebration, parade, or local special events where the closing is necessary for the protection of persons who are using that portion of the street; and WHEREAS, the street closures include: Shell Boulevard between East Hillsdale Boulevard. and South Service Road; Balclutha Drive between the round-about on the PJCC Campus and Shell Boulevard; the Shell Boulevard exit from the South Service Road of the PJCC Campus; and the Shell Boulevard exit from Civic Center Drive; and WHEREAS, members of the Foster City Police Department have reviewed the proposal for the event and recommend the closing for safety reasons; and WHEREAS, Section 2265(n) of Division 11 of the California Vehicle Code allows that whenever any vehicle is parked or left standing where local authorities by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles, a peace officer engaged in the enforcement of parking laws may remove vehicles; no vehicle may be removed unless signs are posted giving notice of the removal.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorizes the closure of Shell Boulevard between East Hillsdale Boulevard and South Service Road, Balclutha Drive between the round-about on the PJCC Campus and Shell Boulevard, and of the Shell Boulevard exit of the South Service Road of the PJCC Campus from 9:00am on Thursday, August 18, until 5:00am on Monday, August 22, 2022, for the purpose of Summer Days.

BE IT FURTHER RESOLVED that the City Council authorizes the posting of temporary no parking/tow away signs as approved by the Chief of Police; and 30 BE IT FURTHER RESOLVED that the Chief of Police or his duly appointed officer, as defined by the California Vehicle Code, may remove illegally parked vehicles as provided by this resolution.

PASSED AND ADOPTED, as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
31 Attachment 2
32 DATE: June 6, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Jennifer Phan, Interim Deputy City Manager
Kevin Ortiz, Management Coordinator

SUBJECT: AGREEMENT WITH THE CITY OF SAN JOSE FOR MINIMUM

WAGE ORDINANCE ENFORCEMENT SERVICES

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution authorizing an agreement with the City of San Jose for Minimum Wage Ordinance Enforcement Services in an amount not-to-exceed $45,000 for an initial three-year term from July 1, 2022 to June 30, 2025, with an option to extend the agreement for an additional two-year term in an amount not-to- exceed $15,000 per year.

EXECUTIVE SUMMARY
At the May 9, 2022 meeting, City Council introduced an ordinance adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code, and passed the ordinance to a second reading. At the subsequent May 16, 2022 meeting, City Council adopted Ordinance No. 648 (Attachment 3), which establishes a local minimum wage within the City of Foster City.

The ordinance will take effect and be enforced at a minimum of thirty (30) days after its adoption at the second reading, which occurred at the May 16, 2022 City Council meeting. To ease implementation on local employers, the adopted Minimum Wage Ordinance will take effect starting on July 1, 2022 to 33 align with the new fiscal year. An effective date of July 1, 2022 would ensure the ordinance is enacted at least thirty (30) days after its adoption.

As part of adopting a local minimum wage ordinance, establishing appropriate enforcement provisions to ensure compliance is a key component of the ordinance. To effectively administer and enforce the City's Minimum Wage Ordinance, staff requests authorization to enter into a contractual services agreement with the City of San Jose. Entering into an agreement with the City of San Jose for Minimum Wage Ordinance Enforcement Services would ensure that the City has the appropriate resources to administer and enforce the ordinance citywide.

BACKGROUND

Introduced at the May 9, 2022 City Council meeting (introduction and first reading) and adopted at the May 16, 2022 City Council meeting (second reading), the ordinance is modeled after minimum wage ordinances in neighboring cities in San Mateo County and includes the following key provisions:
Applies to all employers located in and doing business in Foster City; Applies to all employees who perform at least two hours of work for an employer located and doing business in Foster City;
An Employee who is a Learner, as defined by California Industrial Welfare Commission Order No. 4-2001, shall be paid no less than 85 percent of the applicable Minimum Wage for the first 160 hours of employment. Thereafter, the Employee shall be paid the applicable Minimum Wage rate;
Retaliation including discharge or reduction in pay by an employer after an employee files a complaint is prohibited unless the employer has clear and convincing evidence or just cause for such discharge; Each employer shall maintain payroll records for each employee for at least three years and provide copies of records upon the employee’s request;
Provisions of the ordinance may be waived in whole or in part with respect to employees covered under a written collective bargaining agreement under the specific circumstances;
The ordinance shall not be applied to the extent it will cause the loss of federal or state funding of City activities.
34 Furthermore, the ordinance establishes a citywide minimum wage to (1) reach no less than $15.75 per hour starting July 1, 2022, (2) followed by $16.50 per hour by January 1, 2023, (3) with increases occurring on January 1 thereafter based on the Regional Consumer Price Index (CPI) not-to-exceed three percent (3.0%).

As previously mentioned, a key component of the ordinance is establishing appropriate enforcement provisions. Specifically, the City will need to implement a process and identify staff to administer and enforce the ordinance. At the City Council meeting tonight, staff is requesting additional resources via contractual services agreement to administer and enforce the Minimum Wage Ordinance appropriately.

ANALYSIS

Several cities in San Mateo and Santa Clara Counties with existing minimum wage ordinances have contracted with the City of San Jose Office of Equality Assurance (OEA) for minimum wage ordinance enforcement services using a complaint-driven model that can require significant time and paperwork.

As shown in Exhibit A – Scope of Services of the attached agreement (Attachment 2), the OEA’s services range from answering written and telephone inquiries to conducting complaint intake of complaints that includes preparing, documenting, and serving a written notice of complaint that is sent to employers if warranted. OEA will visit the employer as part of the investigative process and interview the complainant and any current or former employees that may be involved, but services do not include an enforcement action. If the complaint results in legal enforcement or an appeal, there may be additional costs for the City. As indicated in the agreement, it is the City’s responsibility to provide OEA with a standard appeals language to include in the OEA decisions.

Additional services provided by OEA include performing wage rate updates in October of each year based on the Consumer Price Index (CPI) as identified in the City’s Minimum Wage Ordinance. In addition, the OEA will prepare quarterly reports of the number of complaints, violations, employees affected, wages restituted back to employees, and penalties assessed. The OEA will also provide one (1) hour of Minimum Wage Training to stakeholders, including employees and businesses, as requested by the City.

35 Even though most cities contracting with OEA have received few complaints, the investigation of one complaint can take several months. The outcome and resolution of one complaint can involve many former employees and result in restitution of a significant amount of money on the part of the business, although this is a rare occurrence. Once the ordinance goes into effect on July 1, 2022, the “look-back” period for investigating a complaint is typically three to four years. Per Foster City’s adopted ordinance, employers are required to keep payroll records for at least three (3) years.

If approved and the City is authorized to move forward with entering into an agreement with the City of San Jose for Minimum Wage Ordinance Enforcement Services, City staff will prepare appropriate noticing, including public, written procedures for enforcement consistent with the due process rights established by the Foster City Municipal Code and relevant law. In addition, City staff will conduct public outreach to inform the public, including employers and employees, regarding the adopted Minimum Wage Ordinance, new wage rate ($15.75 per hour beginning July 1, 2022), and ordinance enforcement services provided via contractual agreement with the City of San Jose.

FISCAL IMPACT

The total cost for an initial three-year agreement with the City of San Jose is not-to-exceed $45,000 ($15,000 per year). In addition, the agreement contains a provision for an optional two-year term extension thereafter not-to- exceed $15,000 per year for each year. To exercise its option to extend the agreement, the City would notify the City of San Jose in writing per the terms of the agreement.

While the total contract amount for the initial three-year term is under the City Manager’s Purchasing Authority for Purchases of Professional Services per the City’s Purchasing Policy, the City is bringing forward an agreement with the City of San Jose for local minimum wage ordinance enforcement services to City Council for consideration since it is a new item and funding of this contractual service is reflected in the Fiscal Year 2022-2023 Budget.

Specifically, funding would be available in the City Manager Department Administrative Expenses – Contractual, Professional, and Specialized Services Budget (Account No. 001-0110-413-4251).

36 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS This requested action is in alignment with the City Council’s Vision and Mission to “create a sustainable Foster City through inclusive actions” and “deliver equitable services that are customer-focused with an emphasis on a vibrant economy.” Furthermore, this item aligns with the “Public Safety and Social Equity” Value/Priority Area, in that it serves to support a thriving economy and seeks to allow community members to enhance their quality of life.

Attachments:
Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – Ordinance No. 648 (Minimum Wage)
37 RESOLUTION NO.____________

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

AUTHORIZING AN AGREEMENT WITH THE CITY OF SAN JOSE FOR MINIMUM

WAGE ORDINANCE ENFORCEMENT SERVICES FOR AN INITIAL THREE-YEAR TERM FROM JULY 1, 2022 TO JUNE 30, 2025, WITH AN OPTION TO EXTEND THE

AGREEMENT FOR AN ADDITIONAL TWO-YEAR TERM IN AN AMOUNT NOT-TO- EXCEED $15,000 PER YEAR

CITY OF FOSTER CITY
WHEREAS, the City of San Jose has a local minimum wage ordinance; and WHEREAS, the City of San Jose’s Office of Equality Assurance (“OEA”) implements and enforces San Jose’s local minimum wage ordinance; and WHEREAS, the City of Foster City has a local minimum wage ordinance that is substantially like the City of San Jose’s local minimum wage ordinance; and WHEREAS, the City’s local minimum wage ordinance authorizes the use of third parties to assist in implementing and enforcing the ordinance; and WHEREAS, the Cities of Foster City and San Jose desire to enter into an agreement whereby San Jose provides certain services related to implementing and enforcing Foster City’s Minimum Wage Ordinance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the City Manager to execute an agreement with the City of San Jose in an amount not-to-exceed $45,000 for an initial three-year term from July 1, 2022 to June 30, 2025, with an option to extend the agreement for an additional two-year term in an amount not-to-exceed $15,000 per year.
38 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
39 AGREEMENT

BETWEEN

FOSTER CITY AND THE CITY OF SAN JOSE

FOR MINIMUM WAGE ENFORCEMENT SERVICES
THIS AGREEMENT is between City of Foster City, a municipal corporation ("City"), and the City of San Jose, a municipal corporation ("San Jose"). City and San Jose are sometimes hereinafter referred to as a “Party” and collectively as the “Parties”.

WHEREAS, San Jose has a local minimum wage ordinance; and WHEREAS, San Jose’s Office of Equality Assurance (“OEA”) implements and enforces San Jose’s local minimum wage ordinance; and
WHEREAS, City has a local minimum wage ordinance that is substantially like San Jose’s local minimum wage ordinance; and
WHEREAS City’s local minimum wage ordinance authorizes the use of third parties to assist in implementing and enforcing ordinance; and
WHEREAS, City and San Jose desire to enter into an agreement whereby San Jose provides certain services related to implementing and enforcing City’s minimum wage ordinance.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1.Services by San Jose: San Jose will provide the services described in Exhibit "A," which is attached hereto and incorporated by reference. (Collectively “Services.”) San Jose will determine the method, details and means of performing the Services in consultation with City.

1.1 San Jose will perform the Services in the same manner that it administers and enforces its own minimum wage ordinance.

1.2 San Jose will direct any questions or issues regarding the interpretation, administration or enforcement of City’s minimum wage ordinance to City. City must provide timely and appropriate direction responding to San Jose’s question or issue. San Jose will provide the Services in accordance with such direction.

2.Term of Agreement/Option to Extend: The Agreement is effective on July 1, 2022 and expires on June 30, 2025, unless terminated earlier in accordance with Section 14 (“Initial Term”). City has the option of extending the Initial Term from July 1, 2025 to June 30, 2027 (“Option Term”). To exercise its option, City must notify San Jose 40 in writing by January 30, 2025 of its desire to extend the Agreement for the Option Term.

3.Duties of City: City must provide San Jose with all documents, materials and information (collectively “Written Materials”) needed for San Jose to properly perform the Services. Once it has completed the Services for which the Written Materials were needed, San Jose will return them to City.

4.Compensation: San Jose will submit annual invoices to City for Services performed in the following year. City will provide San Jose with the address and person to whom San Jose must submit its invoices. City will pay San Jose at the rates specified in

4.1 and 4.2 of this section. Option and any future escalations begin each July 1 upon mutual written agreement by the Parties.

4.1 Maximum Compensation – Initial Term: The maximum compensation the City will pay San Jose for the Initial Term is Forty-Five Thousand Dollars ($45,000).

4.2 Maximum Compensation – Option Term: The maximum compensation the City will pay San Jose for each year of the Option Term is Fifteen Thousand Dollars ($15,000).

5.Ownership of San Jose’s Work Product: Upon reasonable written notice, City will have full access to all working papers, drawings, photographs, recordings and other documents created or obtained by San Jose in performing the Services (collectively “Work Product”). Work Product is the property of City at the time it is created or obtained by San Jose. San Jose may retain a copy of Work Product provided to City.

6.Conflict of Interest: San Jose will avoid all conflicts of interest, or appearance of conflict, in performance of this Agreement and agrees to immediately notify City in writing of any facts that may give rise to a conflict of interest. San Jose is aware of the prohibition that no officer of City shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement, San Jose will not accept an obligation that is inconsistent or incompatible with San Jose’s obligations under this Agreement.

7.Proprietary/Confidential Information: San Jose will immediately give City a copy of any Work Product that City or some third-party claims is proprietary, confidential, or otherwise not publicly disclosable. City is responsible for making determinations regarding the disclosure of Work Product, for any litigation resulting from its determination, and for providing San Jose with appropriate direction regarding the disclosure of Work Product.

8.Independent Contractor: San Jose is acting as an independent contractor in performing the Services required by this Agreement and is not an agent, servant or employee of City. Nothing in this Agreement creates an employer and employee 41 relationship between City and San Jose. San Jose will pay all required state and federal taxes.

9.Indemnity: This provision applies in lieu of Government Code Section 895.6.

9.1 San Jose will indemnify and hold harmless City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses (collectively “Claims”), arising out of the performance of this Agreement, to the extent such Claims are caused by any negligent act or omission of San Jose.

9.2 City will indemnify and hold harmless San Jose and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses (collectively “Claims”), arising out of the performance of this Agreement to the extent such Claims are caused by any negligent act or omission of City.

9.3 Notwithstanding anything to the contrary in this Agreement, San Jose’s liability for any action or event occurring (a) during the Initial Term will not exceed the maximum dollar amount payable to San Jose during the Initial Term and (b) during an option year will not exceed the maximum dollar amount payable to San Jose during such option year.

10.Insurance: The City and San Jose are each self-insured with respect to claims for which it would bear responsibility under this Agreement, including but not limited to liability, automobile, and workers’ compensation insurance, as authorized under Government Code Section 990.4 and Labor Code Section 3700. Information concerning this self-insurance is publicly available.

11. Dispute Resolution: If a question arises regarding interpretation of this Agreement or its performance, or the alleged failure of a party to perform, the party raising the question or making the allegation must give written notice thereof to the other party.

The parties will promptly meet in an effort to informally resolve the issue. If the parties fail to resolve the issue, alternative forms of dispute resolution, including mediation, may be pursued by mutual written agreement of the City and San Jose. The parties intend that to the extent possible litigation be avoided as a method of dispute resolution.

12.Notices: All official notices required by this Agreement must be in writing, and must be personally delivered, sent by first class with postage prepaid, or sent by commercial courier, addressed as follows:

To CITY: Jennifer Phan
City Manager Department
City of Foster City
610 Foster City Boulevard
42 Foster City, CA 94404
To SAN JOSE: Christopher Hickey
Office of Equality Assurance
City of San José
200 East Santa Clara Street, Fifth Floor
San José, CA 95113
Each Party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of five (5) days after mailing, unless such date is a date on which there is no mail service. In that event communication is deemed to occur on the next mail service day.

13.Assignment: The expertise and experience of San Jose are material considerations for this Agreement. Neither party shall assign or sublet any portion of this Agreement without the prior written consent of the other Party.

14.Termination:

14.1 Either Party may terminate this Agreement for cause based on a material breach by the other party by giving the breaching party thirty (30) calendar days written notice.

14.2 Either party may terminate this Agreement without cause by giving the other party at least ten (10) calendar day’s written notice.

14.3 If this Agreement is terminated, City will compensate San Jose in proportion to the percentage of Services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of the termination notice. San Jose will present City with any work product completed at that point in time.

15.Entire Agreement/Amendment: This writing constitutes the entire agreement between the parties relating to the Services. No prior oral or written understanding is of any force or effect with respect to those matters covered hereunder.

Modifications to this Agreement must be by written amendment signed by both parties.

16.Miscellaneous: Time is of the essence in this Agreement. Failure of either party to enforce any provision of this Agreement is not a waiver of that party’s right to compel future enforcement of the provision or any other provision. This Agreement will be governed and construed in accordance with the laws of the State of California. 43 17.San Jose’s Books and Records: San Jose will maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to San Jose.

17.1 San Jose shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

17.2 San Jose will make records or documents required to be maintained pursuant to this Agreement available for inspection or audit at no cost to City, during regular business hours, within a reasonable time following a written request by City’s authorized representative. Unless an alternative is mutually agreed upon, San Jose will make the records available at San Jose’s address indicated for receipt of notices in this Agreement.

18.Venue: In the event of a lawsuit by either Party, the venue will be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.

CITY OF FOSTER CITY ("CITY") APPROVED AS TO FORM:

By______________________________ By______________________________

EDMUND SUEN BENJAMIN STOCK
City Manager City Attorney
CITY OF SAN JOSE (“SAN JOSE”) APPROVED AS TO FORM:

By_______________________________ By_______________________________

SARAH ZARATE RENE ORTEGA
Director City Manager's Office Chief Deputy City Attorney

44 EXHIBIT “A”

SCOPE OF SERVICES
San Jose’s Office of Equality Assurance (“OEA”) will provide the following Services.

When providing the Services, OEA will identify itself as providing the Services on behalf of City.

Services do not include OEA providing any legal services. Nor do Services include OEA responding to any inquires or performing any work that requires or involves legal advice or interpreting City’s Minimum Wage Ordinance.

Task 1. OEA will answer general written and telephonic inquiries regarding City’s Minimum Wage Ordinance. Examples of general inquiries include questions about wage rates, who is covered, how to file complaints, and the effective date of the Ordinance.

Task 2. OEA will answer written and telephonic inquires, requiring research, regarding City’s Minimum Wage Ordinance. Examples of these inquires include current minimum wage rate, coverage to employees and employers, and clarifications of regulations.

Task 3. OEA will conduct complaint intake. OEA will prepare and issue notices of complaint and requests for documentation when it determines doing so is appropriate. OEA will copy City on all notices and requests. OEA will conduct complaint intake via telephone, in writing or in person, as it determines is warranted by the situation. Complaint intake will include obtaining the following information: complainant’s name, address, phone number, company, manager, type of work performed, how/when paid, work schedule, rate of pay, copies of pay stubs, records of hours worked.
OEA will prepare and serve a written notice of complaint to the complainant’s employer. In addition to notifying the employer of the complaint, the notice will request the employer to provide – within 10 business days of the notice date - documents relevant to establishing whether or not a violation occurred. Requested documents will include:
Original time cards, sign-in sheets, ledgers, electronic records and any payroll records which show actual hours worked each day for each employee for the relevant period.
Copies of payroll check stub details and/or itemized pay stubs for each employee for the relevant period.
45 List of former and current employees with addresses, telephone numbers and job title/position, including employment start and end dates.
OEA will review documents provided by an employer in response to a notice of complaint. OEA will notify City, in writing, if the employer does not respond, or responds incompletely, to the notice of complaint.

The Services do not include OEA taking any enforcement action or other actions against an employer who does not respond, or responds incompletely, to the notice of complaint.

Task 4. If OEA will make a recommendation to City regarding whether further investigation is appropriate. If City directs OEA to conduct further investigation, OEA will do the following:
OEA will visit the complainant’s workplace for the purpose of on-site interviews and review of workplace conditions. OEA will document the visit.
OEA will interview other workers for the purpose of determining current workforce and hourly rates of pay. OEA will document the interview(s).

Task 5. Based on the documents provided by the employer, the workplace visit and the worker interview(s), OEA will determine whether it believes a violation has occurred. If OEA concludes a violation has occurred, it will calculate any back wages owed. OEA will make a recommendation to City regarding whether to issue a notice of violation. If, and only if, City directs OEA to issue a notice of violation, OEA will perform Task 6.

Task 6. OEA will prepare and send to complainant’s employer a written notice of violation and opportunity to correct. OEA will copy the notice to City. The notice will explain the basis of the violation, include all supporting evidence and set forth requirements for correcting the violation. The notice will also set forth a ten (10) business day time from the date of the notice for the complainant’s employer to do the following: (1) submit additional documents or information establishing the employer’s innocence, and/or (2) request a meeting with the OEA Director to contest the violation.

Task 7. If the complainant’s employer contests the notice of violation, the OEA Director will do the following: (1) review any additional information and/or documentation submitted by the employer, and (2) meet with the employer if the employer requests a meeting. The OEA Director will issue a written final decision to the employer, with a copy to City, upholding, revising or dismissing the notice of violation. The final decision will set forth the 46 reasons supporting the OEA Director’s decision. The final decision of the OEA Director also will include instructions on how the employer can appeal the decision to City. City must provide OEA with a standard appeals language to include in the OEA decisions.

Task 8. The Services do not include San Jose taking any further enforcement action, except that, upon City’s request, OEA staff involved in the enforcement action will testify at a City Administrative Hearing and at any court proceedings.

Task 9. OEA will annually update minimum wage rates based on Consumer Price Index as identified in City’s Minimum Wage Ordinance.
oOEA will perform annual wage updates in October of each year. oOEA will notify City of any changes to the minimum wage by November 15 of each year.
oOEA will transmit documentation of the future increases to City by December 1 of each year.

Task 10. OEA will attend meetings as requested by City pertaining to any minimum wage complaints completed, in an open and active investigation, or during the intake complaint process.

Task 11. OEA will prepare quarterly reports of the number of complaints, violations, employees affected, wages restituted back to employees, and penalties assessed.

Task 12. One (1) hour Minimum Wage Training to employees, businesses, stakeholders, etc. as requested by City.
47 ORDINANCE NO. 648
AN ORDINANCE OF THE CITY OF FOSTER CITY ADDING CHAPTER 5.73 (MINIMUM

WAGE) TO THE FOSTER CITY MUNICIPAL CODE

CITY OF FOSTER CITY
WHEREAS, the State of California has enacted a minimum wage that reach ed $15.00 per hour in January of 2022; and
WHEREAS, recognizing the higher cost of living on the Peninsula and in an effort to support the stability of the community and economic security of local workers, the City Council of the City of Foster City wishes to enact a citywide minimum wage to reach no less than $15.75 per hour starting July 1, 2022, followed by $16.50 per hour by January 1, 2023, with increases occurring on January 1 thereafter based on the Regional Consumer Price Index not to exceed three percent (3.0%); and WHEREAS, the City of Foster City may adopt a higher minimum wage pursuant to the powers vested in the City under the laws and Constitution of the State of California including but not limited to the police powers vested in the City pursuant to Article XI, Section 7, of the California Constitution;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to adopt a new Chapter 5.73 of the Foster City Municipal Code to provide a minimum w age of $15.75 per hour starting July 1, 2022 and a minimum wage of $16.50 per hour on January 1, 2023, and increases on January 1 thereafter based on the Regional Consumer Price Index, not to exceed three percent (3.0%).

Section 2. Adding Chapter 5.73 to the Foster City Municipal Code . Chapter 5.73 “Minimum Wage” is added the Foster City Municipal Code to read as follows:
“Chapter 5.73

MINIMUM WAGE

SECTIONS

5.73.010 Definitions.

5.73.020 Minimum Wage.

DocuSign Envelope ID: CF063059-19A1-4153-A42F-8BF20BBEF6DA ATTACHMENT 3
48 City Ordinance No. 648

5.73.030 Notice and Posting.

5.73.040 Implementation.

5.73.050 Enforcement.

5.73.060 Waiver through Collective Bargaining.

5.73.070 No Pre-Emption of Higher Standards.

5.73.080 Federal or State Funding.

5.73.010 Definitions.

As used in this Chapter, the following terms shall have the following meanings:

A. “Calendar week” shall mean a period of seven consecutive days starting on Sunday.

B. “City” shall mean the City of Foster City.

C. “Employee” shall mean any person who in a Calendar Week performs at least two (2) hours of work for an Employer within the geographic boundaries of the City, and qualifies as an emp loyee entitled to payment of a minimum wage from any Employer under the California Minimum Wage law, as provided under Secti on 1197 of the California Labor Code and wage orders published by the State of California Industrial Welfare Commission. Employees shall include Learners, as defined by the California Industrial Welfare Commission.

D. “ Employer” shall mean any person ( including a natural person, corporation, non - profit corporation, general partnership, limited partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign), who receives or holds a business license from the City, and who directly or indirectly ( including through the services of a temporary services or staffing agency or similar en tity) employs or exercises control over the wages, hours or working conditions of any Employee.

E. “Minimum Wage” shall have the meaning set forth in Section 5.73.020 of this Chapter.

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5.73.020 Minimum Wage.

A. Employers shall pay Employees no less than the Minimum Wage for each hour worked within the geographic boundaries of the City.

B. The Minimum Wage paid shall be as follows: Beginning July 1, 2022, the Minimum Wage shall be an hourly rate of $ 15.75 and beginning January 1, 2023, the Minimum Wage shall be an hourly rate of $16.50.

C. Beginning on January 1, 2024 , and each January thereafter, the minimum wage shall increase by an amount corresponding to the prior year’s increase , if any, in the cost of living, not to exceed three percent (3.0%). The prior year’s increase in the cost of living shall be measured by the percentage increase, if any, as of August of the immediately preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-Hayward, CA for All Items) or its successor index as published by the U.S. Department of Labor or its successor agency. The change shall be calculated by using the August to August change in the CPI to calculate the annual i ncrease, if any. A decrease in the CPI shall not result in a decrease in the minimum wage.

D. An Employee who is a Learner, as defined by California Industrial Welfare Commission Order No. 4 -2001, shall be paid no less than 85 percent of the applicable Minimum Wage for the first 160 hours of employment. Thereafter, the Employee shall be paid the applicable Minimum Wage rate.

E. An Employer may not deduct an amount from wages due an Employee on account of any tip or gratuity, or credit the amount or any part the reof, of a tip or gratuity, against, or as a part of, the wages due the Employee from the Employer.

5.73.030 Notice and Posting.

A. By December 1 of each year, the City shal l publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, to take effect January 1 of the following year. In conjunction with this bulletin, the City shall, by December 1 of each year, publish and make available to Employers, in English and other languages as provided in any implementing regulations, a notice suitable for posting by Employers in the workplace informing Employees of the current Minimum Wage rate and of their rights under this Chapter.

B. Each Employer shall give written notification to ea ch current Employee, and to each new Employee at time of hire, of his/her/their rights under this Chapter. The notification shall be in English and other languages as provided in any implementing regulations, and shall also be posted prominently in areas a t the work site where it will be seen by all Employees. Every Employer shall also provide each Employee, at the time of hire, with the Employer’s name, address, and telephone number in writing. Failure to post such notice shall constitute a violation DocuSign Envelope ID: CF063059-19A1-4153-A42F-8BF20BBEF6DA 50 City Ordinance No. 648
of th is Municipal Code. The City is authorized to prepare sample notices and Employers’ use of such notices shall constitute compliance with this subsection.

5.73.040 Implementation.

City may promulgate regulations for the implementation and enforcement of this Chapter.

Any regulation promulgated by City shall have the force and effect of law and may be relied on by Employers, Employees and other parties to determine their rights and responsibilities under this Chapter. Any regulations may establish procedures for ensuring fair, efficient and cost -effective implementation of this Chapter, including supplementary procedures for informing Employees of their rights under this Chapter, for monitoring Employer compliance with this Chapter, and for providing administ rative hearings or determining whether an Employer has violated the requirements of this Chapter.

5.73.050 Enforcement.

A. Enforcement by the City. City may take any enforcement action set forth in Title 1 of this Municipal Code to address violations of this Chapter. Alternatively, City may elect to contract for enforcement services with a third party. If City elects to enter into such a contract, th e City shall provide public, written procedures for such enforcement and any such enforcement shall be consistent with the due process rights established by Title 1 of this Code and relevant law.

B. Private Rights of Action . An Employee claiming harm from a violation of this Chapter may bring an action against the Employer in court to enforce the provisions of this Chapter and shall be entitled to all remedies available to correct any violation of this Chapter, including but not limited to, back pay, reinstatement, injunctive relief, or civil penalties as provided herein. An Employee who is a prevailing party in an action to enforce this Chapter is entitled to an award of reasonable attorney fees, witness fees, and costs.

C. Remedies.
1) The remedies for violation of this Chapter include but are not limited to:
(A) Reinstatement, the payment of back wages unlawfully withheld, and payment of an additional sum as a civil penalty in the amount of $50 to each Employee whose rights under this Chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this Code or state law.

DocuSign Envelope ID: CF063059-19A1-4153-A42F-8BF20BBEF6DA 51 City Ordinance No. 648
(B) Interest on all due and unpaid wages at the rate of interest specified in subdivision ( b) of Section 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date the wages are paid in full.
(C) Reimbursement of the City’ s administrative costs of enforcement and reasonable attorney fees.
(D) The City may require the Employer to pay an additional sum as a civil penalty in the amount of $50 to the City for each Employee or person whose rights, under this Chapter, were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this Code or state law, where there has been a previous violation of this Chapter. 2) The remedies, penalties and procedures provided under this Chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures established by law which may be pursued to address violations of this Chapter. Actions taken pursuant to this Chapter shall not prejudice or adversely affect any other action, administrative or judicial, that may be brought to abate a violation or to seek compensation for damages suffered.

D. Retaliation Barred.
1) An Employer shall not discharge, reduce the co mpensation or otherwise retaliate against any Employee for making a complaint to the City, participating in any of the City’ s proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this Chapter. Within 120 days of an Employer being notified of such activity, it shall be unlawful for the Employer to discharge any Employee who engaged in such activity unless the Employer has clear and convincing evidence of just cause for such discharge.
2) No Employer may fund increases in compensation required by this Chapter, nor otherwise respond to the requirements of this Chapter, by reducing the wage rate paid to any Employee, nor by increasing charges to them for parking, meals, uniforms or other items, nor by reducing the citation or other non-wage benefits of any such Employee, except to the extent such prohibition would be pre -empted by the Federal Employee Retirement Income Security Act.

E. Retention of Records . Each Employer shall maintain for at least three ye ars for each Employee, a record of his or her name, hours worked and pay rate. Each DocuSign Envelope ID: CF063059-19A1-4153-A42F-8BF20BBEF6DA 52 City Ordinance No. 648
Employer shall provide each Employee a copy of the records relating to s uch Employee upon the Employee’s reasonable request.

5.73.060 Waiver through Collective Bargaining.

The provisions of this Chapter may be waived in whole or in part with respect to employees covered under a collective bargaining agreement if all of the following circumstances apply: (a) Both parties to the collectiv e bargaining agreement agree in writing to such waiver in whole or in part; and (b) the collective bargaining agreement contains provisions which specifically allow waivers of municipal minimum wage rates in excess of the contractually required wage rates for any group or groups of covered employees.

5.73.070 No Pre-Emption of Higher Standards.

The purpose of this Chapter is to ensure minimum labor standards. This Chapter does not preempt or prevent the establishment of superior employment standards ( including higher wages) or the expansion of coverage by ordinance, resolution, contract, or any other action of the City. This Chapter shall not be construed to limit a discharged Employee’s right to bring a common law cause of action for wrongful termination.

5.73.080 Federal or State Funding.

This Chapter shall not be applied to the extent it will cause the loss of any federal or State funding of City activities.

Section 3. Severability.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

DocuSign Envelope ID: CF063059-19A1-4153-A42F-8BF20BBEF6DA 53 City Ordinance No. 648
Section 4. Environmental Determination.

The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.

Section 5. Publication.

This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Foster City, and shall be in full force and effect at a minimum thirty (30) days after its final passage.

Section 6. Effective Date.

This Ordinance shall take effect and be in force starting on July 1, 2022, which is forty- six (46) days from and after its adoption.

Section 7. Posting.

Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

DocuSign Envelope ID: CF063059-19A1-4153-A42F-8BF20BBEF6DA 54 City Ordinance No. 648
This Ordinance was introduced and read on the 9th day of May, 2022, and passed and adopted on the 16th day of May, 2022, by the following vote:

AYES: Councilmembers Hindi, Sullivan, and Mayor Awasthi NOES: None

ABSENT: None

ABSTAIN: Councilmember Froomin

____________________________________

RICHA AWASTHI, MAYOR

ATTEST:

______________________________

PRISCILLA SCHAUS, CITY CLERK

*Councilmember Gehani recused himself due to owning a business within Foster City.

DocuSign Envelope ID: CF063059-19A1-4153-A42F-8BF20BBEF6DA 55 DATE: June 6, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Jennifer Phan, Interim Deputy City Manager
Rob Lasky, IT Manager

SUBJECT: APPROVE PURCHASE OF AGENDA MANAGEMENT

SOFTWARE

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute an agreement with Primegov for Agenda Management Software in an amount not to exceed $40,721.

EXECUTIVE SUMMARY

After issuing a Request for Proposals (RFP) for the Agenda Management System Replacement Project and conducting an extensive evaluation process, staff is recommending selecting and entering into an agreement with Primegov. Their solution would best fit the City’s needs for a modern, flexible, and efficient Agenda Management Software System. The total price including installation and integration with the City’s existing software is $40,721, which is under the City Manager's purchasing authority and within the funding available in the Information Technology (IT) Internal Services Fund.

Funding for this project was approved during the FY 2021-2022 budget process.

56 BACKGROUND AND ANALYSIS

The City currently uses CivicClerk for the Agenda Management System.

CivicClerk was originally deployed in 2016, when it was known as BoardSync.

The basic functions of an Agenda Management Software System include:
Collection and collation of documents from staff report writers Workflows that allow staff reviewers to suggest revisions to staff report writers
Publishing agenda and packet to the City’s website
Ability to attach meeting video to agenda for on-demand viewing by public
Some reasons City staff is now seeking to replace CivicClerk include, but is not limited to:
Report creation in CivicClerk does not meet the City’s needs. For example, creation of the Long Range Draft Agenda report requires exporting raw data in CivicClerk in order to import into Excel to allow staff to filter the data to meet our requirements.
Staff report creation in CivicClerk is done via a web-based rich-text editor. While it is similar to Microsoft Word, it is more finicky and sometimes requires trial-and-error to get formatting to behave as expected. For example, tables can be particularly tricky, and can require multiple attempts to get borders to show and the columns correctly spaced.
Reviewers can only collaborate with staff report writers via per-agenda- item text comments in CivicClerk. Staff would prefer to collaborate via redlines and inline annotations, similar to “Track Changes” in Microsoft Word.

The IT Division released an RFP for an Agenda Management System Replacement Project in March 2022 and received proposals from four (4) vendors. After analysis of the proposals, three (3) vendors were chosen to participate in scripted demonstrations. The IT Division, along with staff members from multiple City Departments participated in the demonstrations.

These above-mentioned items were addressed, among other needs, as requirements in the RFP and throughout the demonstrations. Based on the proposed software features, references, and pricing, Primegov was chosen as the recommended solution. Primegov has the functionality to help the City address all of the above while also streamlining its processes. 57 FISCAL IMPACT

Funding for this project was approved during the FY 2021-2022 budget process in the amount of $50,000 from the Information Technology (IT) Equipment Replacement Fund.

The available funding of $50,000 is sufficient to cover the initial year of this project:

Agenda Management Module $8,670
Community Engagement Module $3,468
Meeting Management Module $6,503
Video Manager Module $5,335
Video Encoder (one-time payment) $2,995
Professional Services (one-time payment) $13,750
TOTAL $40,721
Ongoing annual maintenance costs of $23,976 will be funded by the IT Operating Budget.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This project is included in the "Innovation and Sustainability" Value/Priority Area. More specifically, this project falls under the initiative "Prioritize City modernization efforts and explore Foster City applications." By deploying this application, the City is hoping to streamline its agenda publishing process, resulting in staff efficiency and enhanced public access to agendas and meeting recordings.

Attachments:
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - PrimeGov RFP Response
58 RESOLUTION NO.____________

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH

PRIMEGOV FOR AGENDA MANAGEMENT SOFTWARE IN AN AMOUNT NOT TO EXCEED $40,721.

CITY OF FOSTER CITY
WHEREAS, Foster City requires an Agenda Management Software Solution to help compile and publish agendas; and
WHEREAS, a Request for Proposal was issued in March 2022, and competitive bids were received for this Agenda Management Software replacement project; and WHEREAS, demonstrations were performed by multiple vendors and these demonstrations were attended by staff members from multiple City departments; and WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504) to cover the purchase of said software and services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the City Manager to execute an agreement dated June 6, 2022 with Primegov in an amount not to exceed $40,721.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
59 AGENDA MANAGEMENT SYSTEM REPLACEMENT
Template Updated 1/18/20221

PROFESSIONAL SERVICES AGREEMENT
FOR

AGENDA MANAGEMENT SYSTEM REPLACEMENT
This Agreement is made and entered into as of the 6th day of June 2022 by and between the City of Foster City hereinafter called "CITY" and Prime Government Solutions (“PrimeGov”) hereinafter called "CONSULTANT".

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services relating to agenda management software in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services 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 CONSULTANT 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.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within thirty (30) calendar days, or mutually agreed timeframe, of the date of CITY’s written notice to CONSULTANT demanding such cure. in which CITY is entitled for the current year subscription fees of the term (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, 60 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, 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 Forty Thousand Seven Hundred Twenty One dollars ($40,721). Invoices for amounts in excess of Forty Thousand Seven Hundred Twenty One dollars ($40,721) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the 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 monthly and annual billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the 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 services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent 61 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’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. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY, with exception of any content that may have trademark, copyright, or intellectual property of Rock Solid Technologies and Rock Solid Technology entities.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s 62 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work.

CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’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, CONSULTANT’s officers or employees.

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

The duty of CONSULTANT 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 CONSULTANT to indemnify City of Foster 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.

CONSULTANT’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. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required 63 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement. CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CONSULTANT 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 CONSULTANT 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 CONSULTANT.

13. WORKERS' COMPENSATION. CONSULTANT 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 CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT 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: Rob Lasky
CONSULTANT: ____________________________
Joshua Hurni
3429 Derry Street, Harrisburg, PA 17111
512-347-9399
[email protected]

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

18. 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.

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. 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.

20. 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.

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement, Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be 65 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, D, and E 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: _________________________________ Edmund Suen, Interim City Manager
ATTEST:
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Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Sherif Agib
President
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EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND DELIVERABLES FOR

AGENDA MANAGEMENT SYSTEM REPLACEMENT

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated June 6, 2022, by and between Prime Government Solutions (“PrimeGov”), hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for software licensing and professional services.

1.Description of the Project:

1.1 DESCRIPTION: AGENDA MANAGEMENT SYSTEM REPLACEMENT

2.Basic Services:

The CITY has developed a general scope of work as described below.

2.1Task 1 – Provide access to Primegov Agenda Management and Video Software and Annual Subscription for Primegov Agenda Management and Video Software

2.2Task 2 – Provide professional services to help configure Primegov

2.3Task 3 – Provide professional services to migrate files from our current system (CivicClerk) to Primegov

2.4Task 4 -- Provide Training to administrators and end users

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
$40,721

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

Invoice and Purchase Order

3. TIMES OF PAYMENTS.
100% of annual payments ($23,976) invoiced upon agreement execution, and all one time payments ($16,745 ) invoiced upon project completion.

PROJECTS AND SCHEDULE
Project to begin upon agreement execution and CONSULTANT resource assignment. Task 1 (Annual Subscription) shall commence upon agreement execution and expire one year later. Tasks 2, 3 and 4 should be complete within 6 months. Any delays that have been deemed caused by the CITY, shall not count for the total duration of the project.

DELIVERABLES
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CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

1. PROJECT DELIVERABLES

1.1DELIVERABLES: Primegov Agenda Management and Video Software and Annual Subscription for Primegov Software.

2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1SERVICES: Professional services to configure Primegov and training

END OF EXHIBIT A
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EXHIBIT B
Agenda Automation module: $ 8,670 Upfront $8,670 +5% annual increase Community Engagement module $ 3,468 Upfront $3,468 +5% annual increase Meeting Management module $ 6,503 Upfront $6,503 +5% annual increase Video Manager module $ 5,335 Upfront $5,335 +5% annual increase Video Encoder $ 2,995 Upfront --one time cost--
Professional Services $13,750 Upfront --one time cost-- Total $40,721
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EXHIBIT C

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”. ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
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Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The 72 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

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

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies.

Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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.
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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) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
74 AGENDA MANAGEMENT SYSTEM REPLACEMENT
Template Updated 1/18/202216
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
75 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.

4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]
76 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Sherif Agib, President Edmund Suen, Interim City Manager 77 AGENDA MANAGEMENT SYSTEM REPLACEMENT
Template Updated 1/18/202219
Exhibit E
Terms and Conditions
This Support Services Contract describes the expected performance of the PrimeGov Service, the procedures for reporting an issue, and expected turnaround time on issues reported.

1. Service Uptime Target. PrimeGov has a target uptime of >99.95% measured on a monthly basis. This time excludes any planned
maintenance that have been identified to the Customer. PrimeGov shall give a minimum of two (2) business days’ notice for
planned maintenance updates. Planned maintenance will be targeted to occur between 11:00 pm Pacific Time on Thursday to
02:00 a.m. Pacific Time on Friday. Update notes are published as part of the maintenance notification, highlighting new features,
improvements, and bug fixes. Maintenance time frames are subject to change by PrimeGov, and proper notification is provided
to the Customer within the minimum two (2) business day period.

2. Reporting an Issue.
a. Contact Details. At PrimeGov, we built our support system with alerts to anticipate any service disruption so that our Customer Success team can address any technical items before they become an issue for our customers. In the case where a Customer discovers an issue, or the Service is unavailable, the Customer should notify the PrimeGov Customer
Success team through one of the following channels:
i. Entering a ticket in the help desk system at support.primegov.com. ii. E-mailing the Customer Success team directly at [email protected]. iii. Calling the Customer Success team at 1-833-634-6349. b. Hours of Coverage. Regular Support Services are provided between 5:00 am and 5:00 pm Pacific Time, Monday through Friday. On-call and emergency support are provided outside of regular Support Service hours online and by phone. More specifically, the hours are as follows:
i. Call for phone support. Phone support is available twenty-four (24) hours a day, seven (7) days a week by calling 1-833-634-6349.
ii. Enter an issue in the help desk system. This service is available twenty-four (24) hours a day, seven (7) days a week at support.primegov.com.
iii. Email an issue to the Customer Success team. This service is available twenty-four (24) hours a day, seven (7) days a week.
c. Customer Priority Identification. The Customer will supply their determined priority for each support item logged in accordance with the following Priority Code:

PRIORITY CODE DESCRIPTION
P1 - Critical The problem is impacting all Users by the Service being unavailable with no workaround available.

P2 - High The problem is impacting a significant number of Users and is causing a significant business impact, where there is no work-around available.

P3 - Moderate The problem is impacting a small number of Users and is causing a minor business impact or is causing a significant business impact, but there is a workaround available.

P4 - Low Non-service affecting defect. Non-urgent or cosmetic problems, queries, causing inconvenience only.

3. Resolving an Issue
a. Steps to Resolution.
i. PrimeGov Customer Success staff will analyze the issue and revert to the Customer with an assessment of the issue.
ii. The issue will then result in one of the following actions:

1. The PrimeGov Customer Success staff will send a set of steps to close the issue with associated times.

2. PrimeGov Customer Success staff will ask for more clarification/ information on the issue.
78 AGENDA MANAGEMENT SYSTEM REPLACEMENT
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3. PrimeGov Customer Success staff may discuss the priority of the issue.

4. The Customer and the PrimeGov Customer Success staff will mutually agree to close or reprioritize an issue.
iii. If a support issue is closed because it has been successfully resolved, then PrimeGov Customer Success staff will provide a brief description of the final solution to the Customer. b. Target Response Time. PrimeGov will aim to provide the Customer with a response within a specific time limit based on the agreed Priority Code of the Support Issue (a “Target Response Time”). The following Target Response Times are within the hours of coverage:

PRIORITY CODE DESCRIPTION TARGET RESPONSE TIME <
P1 Critical 30 minutes
P2 High 1 hour
P3 Moderate 2 hours
P4 Low 40 hours

4. Problem Escalation. A Support Call’s Priority Code may be escalated by either the Customer or PrimeGov, if it is found to be more business critical than first realized or if the steps to resolve are proving unsatisfactory. In the event of escalation, the following contacts from PrimeGov should be called:

ROLE NAME CONTACT EMAIL
Technical Support Lead Sydney Erickson [email protected] Technical Support Director Larry Thorpe [email protected] President Sherif Agib [email protected]

5. Minor Enhancements. Requests by the Customer for minor enhancements or changes to the Service not relating to a defect or error inherent in the Service will be considered on a case-by-case basis and will be included under this Agreement at the sole discretion of PrimeGov if in the PrimeGov software product roadmap.

6. Knowledge Base. PrimeGov provides a searchable online knowledge base for questions and issue resolution is available at support.primegov.com. The documentation provided includes product updates, technical assistance, and tutorials. The content is regularly updated and expanded and each article contains links to related articles for increased navigation. The knowledge base is available on the same website as the support ticket management system for ease-of-use.

7. Exclusions
a. Requests by the Customer for significant enhancements or changes to the Service not relating to a defect or error inherent in the Service will be excluded from this Agreement and will be managed separately.
b. PrimeGov is only obliged to provide the Support Services with respect to the then current version of the Service. If PrimeGov provides Support Services for older versions/releases, this is done without obligation on an “as-is” basis at PrimeGov’s sole discretion and without any service level applying and PrimeGov may make the provision of further Support Services for older versions of the Service subject to the payment of additional fees.
c. Any alteration, modification or maintenance of the Service by the Customer or any third party which has not been authorized in writing by PrimeGov.
d. Any failure by the Customer to implement any recommendations, solutions to faults, problems or updates previously advised or delivered by PrimeGov to the Customer. e. Either Party being subject to Force Majeure.
f. The Customer’s failure, inability or refusal to allow PrimeGov’s personnel proper and uninterrupted access to the Service.
79 PrimeGov Comprehensive Agenda
Management Solution
Proposal for Foster City, CA

Submitted To:

Rob Lasky
IT Manager

610 Foster City Boulevard
Foster City, CA 94404

[email protected]
650-740-7101
Submitted By:

Joshua Hurni, Sales Director
PrimeGov

3429 Derry Street
Harrisburg, PA 17111

[email protected]
512-347-9399
80 P
rime Government Solutions | 3429 Derry Street | Harrisburg, PA 17111 | 1-833-634-6349 Letter of Introduction
Dear Rob Lasky,
Thank you for the opportunity to help the City of Foster City upgrade to a cohesive agenda management system that manages your public meeting processes with the latest, easy-to-use technology. Prime Government Solutions, Inc. (“PrimeGov”) is familiar with the City’s needs in part because we have selectively recruited the most experienced team members in the industry.

In fact, we started PrimeGov because we had developed strong relationships with government staff over the years and we were disheartened by the steady decline in the quality of service and the lack of technical innovation by the big software providers in this space.

PrimeGov is different because our only focus is on managing the public meeting process. We do not build websites or other non-legislative products. We live to make clerks’ lives easier. It’s just what we do. Having that focus means that every day our team is in the field with our clients to see and hear for ourselves exactly where the legislative process needs automation. Then, because our development team is not distracted by other products, we quickly build solutions to meet those challenges. A recent example is the ability to send property notices via postcard without ever leaving our system.

Here are some of the many ways we stand above the rest:
• Every member of our executive team and board has years of experience working with clerks. Unlike document management companies or private equity firms, we understand the pressure staff is under during a meeting and the need for us to respond quickly, especially when the council and the public are waiting. • We build our solution on widely used and supported web applications. Technology, particularly video, has improved dramatically over the last five years; it no longer makes sense to recreate a video player or storage when Google and Microsoft have spent billions developing and maintaining their products. Our role as a company isn’t to recreate the wheel but to adapt software to meet the specific needs of clerks. We offer seamless, superior integrations with popular, easy-to-use products such as Laserfiche, YouTube, Word, Zoom, Chrome, and more.
• Our dedication to delivering the best solutions specific to local government frees up our team to develop software relevant to clerks and members of the public looking for information. This feature, along with our new Quick Voting solution, is why the City of Los Angeles contracted with us to replace four of their existing systems with our one. • PrimeGov’s software is 100% cloud-based and can be used from any location without a VPN (Virtual Private Network) setup. There are no client-side installations, stream-lining 1 81

deployment and implementation. PrimeGov's completely virtual environment ensures business continuity even when faced with the toughest externalities, such as a natural disaster or a public health crisis.
• PrimeGov’s agenda management system allows for the instant generation of agenda packets. Compiling and converting various staff reports and attachments into a complete agenda packet can take hours, but with PrimeGov, this important function happens immediately.
• The system does an automatic check to ensure that the files of supporting documents function prior to compiling. I f t hey are corrupt, it identifies the broken file for easy replacement, saving you hours of time otherwise spent searching for the specific file. • PrimeGov provides powerful and flexible workflows. Our workflows can be set up to automate a number of tasks such as appointing citizens to boards or sending emails to appointees. Furthermore, staff can create a peer review group as part of a workflow that allows reviewing or editing permissions for staff members without disrupting the standard approval process.
• PrimeGov’s agenda solution is directly tied to our committee management tool and allows for direct item approval through the entire agenda process. This means your workflow and forms controls can be based on specific committee processes. In addition, items can be pushed all the way through the approval process by automation- based approval actions.

We are professionally and personally committed to making the City of Foster City’s deployment a success. Our implementation plan, flexible training options, and understanding of your requirements ensure that your system will be widely adopted. Once deployment is complete, we’ll be there for you with our experienced support staff and stable, modern technology.

We look forward to working with you so you can see for yo urselves how easy PrimeGov is to use and why our experience, technology, and focus on the legislative process make us uniquely capable of meeting your requirements.

The proposal and the prices contained therein will remain firm for a period of ninety (90 ) days after receipt by the City.

Sincerely,

Joshua Hurni, Sales Director

2 82

Table of Contents
Letter of Introduction ............................................................................................................................................. 1 Table of Contents ................................................................................................................................................... 3 Executive Summary ............................................................................................................................................... 5 Our Understanding of Foster City’s Needs ................................................................................................ 5 Why Choose PrimeGov .................................................................................................................................... 5 Profile of the Firm ................................................................................................................................................... 6 PrimeGov’s Company History ........................................................................................................................ 6 Key Project Team Members ................................................................................................................................ 8 Project Team ......................................................................................................................................................... 10 References ............................................................................................................................................................. 11 Solution Overview ............................................................................................................................................... 12 Agenda Automation ....................................................................................................................................... 12 Agenda Compilation and Publishing .................................................................................................... 13 Automatic Electronic Signatures ............................................................................................................ 13 Long Range Draft Agenda (LRDA) ....................................................................................................... 14 Key Module: Meeting Viewer and Annotations ................................................................................ 14 Community Engagement .............................................................................................................................. 15 Public Portal ..................................................................................................................................................... 16 Data Migration ................................................................................................................................................. 16 Global Features and Services ...................................................................................................................... 17 Standard Reports ........................................................................................................................................ 17 Custom Reporting ....................................................................................................................................... 17 Mobile Accessibility ................................................................................................................................... 18 Open API ....................................................................................................................................................... 18 SaaS Solutions - Data Storage and Backup ............................................................................................ 18 Data Storage ................................................................................................................................................ 18 Data Backup Process ................................................................................................................................ . 18 3 83

Network Bandwidth and System Requirements .............................................................................. 19 SaaS Solutions -Data Access and Security ............................................................................................ 19 Access ............................................................................................................................................................ 19 Security – Physical and in the Cloud .................................................................................................... 19 Integrations ....................................................................................................................................................... 20 PrimeGov x Zoom Integration ................................................................................................................. 20 PrimeGov x Laserfiche Integration ........................................................................................................ 20 Additional Modules Available: ........................................................................................................................ 21 Meeting Management .................................................................................................................................... 21 Member Voting ............................................................................................................................................ 22 Video Streaming .............................................................................................................................................. 22 Live Closed Captioning ............................................................................................................................. 23 Committee Management .............................................................................................................................. 23 Additional Products ............................................................................................................................................ 25 Streamline ......................................................................................................................................................... 25 OneView ............................................................................................................................................................ 26 Implementation Approach ................................................................................................................................ 28 PrimeGov Implementation: Methods and Stages ................................................................................. 28 Projected Timeline .......................................................................................................................................... 29 Project Team ..................................................................................................................................................... 29 User Testing ...................................................................................................................................................... 30 Training Plan ..................................................................................................................................................... 31 Training Breakdown ....................................................................................................................................... 33 Pricing ...................................................................................................................................................................... 35 AJA Helo Encoder Information ........................................................................................................................ 37 Support Services Agreement ........................................................................................................................... 40

4 84

Executive Summary
Our Understanding of Foster City’s Needs
At PrimeGov, we take pride in fully understanding your project before it begins. Before project initiation, we will provide you with a project plan and, if requested, a Scope of Work (“SOW”) document to support a clear understanding of the project. We are dedicated to providing our clients with the best software solutions in the local government space as well as the most knowledgeable implementation teams, a proven training methodology to support wide internal adoption of the system, and world-class technical support. Our Service Level Agreement outlines our targeted uptime of greater than 99.95% as measured on a monthly basis. (For more information, please see Schedule 1 of our standard services agreement.) PrimeGov’s implementation methodology framework includes planning and discovery, implementation, and project closure. The discovery period includes comprehensive review and analyses of the Client’s business processes for agenda and management. Additional discovery sessions will be held with subject matter experts to map and document workflows, forms, and documents to drive a successful configuration period and lead into training, go live, and transition to the support team for on-going, long-term support.

Why Choose PrimeGov
PrimeGov is led by a team that has been working with local governments for over 20 years. That experience provides the strongest background in the industry  in understanding the needs of clerks, the checkmarks for IT, the transparency of the council, and the contracting of procurement.

PrimeGov is in a unique position to offer all the expertise needed to guide Foster City on this next step of software automation. Our implementation, project management, and support teams work solely with local government staff, providing the best possible customer experience and partnership to our customers.
5 85

Profile of the Firm
PrimeGov’s Company History
Prime Government Solutions was founded in 2014 when several jurisdictions—dissatisfied with their current agenda management software options—began looking for a company committed to the legislative process. The PrimeGov team came together to solve this problem. We are a group of leaders that have been serving municipal clerks for more than 20 years. We are passionate about providing quality products, world-class customer service, and close collaboration with o ur clients. We are dedicated to unlocking the potential of municipal governments through technology, to promoting transparency to empower communities, and to fostering civic engagement.

Prior to 2014, our team designed and implemented hundreds of legislative management solutions as founders of Granicus, Inc. Over the years, we have worked hard to develop strong relationships with government staff throughout the US and Canada and we were disheartened to see the steady decline in service quality and the lack of legislative focus by the leading software providers. It’s because of this decline that our founder started developing the PrimeGov Legislative Management Suite in February 2015. The goal was to utilize the latest technology, strategic partners, and our decades of experience to bring the best possible legislative management product to market. By building our solution on widely used and supported “commercial” web applications and social media, we have been able to rapidly build a single product that can handle the entire legislative process.

Cities and c ounties all over the country soon took notice and entered into agreements with us.

In the last six years, we have gone from one client to more than eighty of all sizes: from the City of Los Angeles to Oklahoma City to Oviedo, Florida.

Our Future is Solid
In March 2021, PrimeGov accepted an offer from Rock Solid Technologies, backed by Strattam Capital. This has allowed PrimeGov to continue our client-based philosophy while bringing in additional resources to capitalize on the market opportunities ahead of us.

Rock Solid Technologies provides constituent relationship management (CRM) and citizen engagement solutions for local government. Founded in 1994, Rock Solid is currently a company of 180 employees and has headquarters in Austin, TX and San Juan, PR as well as multiple satellite offices. PrimeGov and Rock Solid first partnered on a deal with the City of San Antonio, which confirmed the value of a combined solution as well as validated our assessment that an integrated offering would create the premier digital solution for government. 6 86

Bringing the Rock Solid and PrimeGov companies together has allowed PrimeGov to:
• Align our vision and mission with our new parent company • Strengthen and support our engineering and sales resources • Continue to scale and grow with our current PrimeGov team in place We look forward to partnering with Foster City and working together towards a bright and successful future.

7 87

Key Project Team Members
PrimeGov’s leadership has decades of experience in agenda management and this is built into our company culture and procedures. Our staff leverages this experience as well as their own expertise to deliver projects in a highly professional and efficient manner.

Please note that project team members are subject to change based on time and resource commitments. Any staffing changes will be confirmed prior to the start of the project.

Name and Title Project Role Summary
Sherif Agib, President Executive Sponsor Oversees project health and customer satisfaction.

Ensures customer stakeholders receive
optimal service per agreement.

Larry Thorpe, Technical Lead Implementation
Consultant
Configuration, testing and technical
guidance
Padraig Supple, Project
Manager
Project Manager Primary point of contact focused on
project management, discovery, and
training of overall solution
Sydney Erickson, Support
Analyst, Team Lead
Support Lead Primary point of contact for continued
support
Joshua Hurni, Sales Director Sales Contact Primary point of contact for solution design and pricing

Sherif Agib
• https://www.linkedin.com/in/sherifagib/
• Education/Certification: AMA Executive Leadership Program • PrimeGov:
o President, Mar 2021 – Present
o CEO, Mar 2020 – Mar 2021;
o COO, Jul 2019 – Mar 2020
• Other relevant experience:
o Granicus (highest role: VP of Operations) Jul 2008 - Jun 2015

Larry Thorpe
• https://www.linkedin.com/in/larry-thorpe-66418185/
• Education/Certification: Utah State University
• PrimeGov QA/Customer Success Manager, Aug 2018 - Present • Other relevant employment:
8 88

o Hyland Software, aka Sire Technology (highest role: Technical Support Manager) Aug 2011 - Aug 2018

Padraig Supple
• https://www.linkedin.com/in/padraig-supple-64895631/
• Education/Certification: University College Cork (BSc); National University of Ireland, Galway (MSc)
• PrimeGov Project Manager, Mar 2020-Present
• Other relevant employment:
o Propylon (highest role: Senior Business Analyst) Feb 2013-Mar 2020

Sydney Erickson
• https://www.linkedin.com/in/sydneyherickson/
• Education/Certification: Berklee College of Music
• PrimeGov Technical Support Lead, Jul 2020 – Present
• Other relevant employment:
o Granicus (highest role: Customer Support Team Lead) Sep 2015 – Jun 2019

Joshua Hurni
• https://www.linkedin.com/in/joshuahurni/
• Education/Certification: Seattle University (BA), San Francisco State University (MA) • PrimeGov Director of Sales, Jun 2018-Present
• Other relevant employment:
o Granicus (highest role: Account Manager) Jan 2014-Jun 2018

9 89

Project Team
PrimeGov’s leadership has decades of experience in agenda management, and this is built into our culture and company procedures.

Sherif Ag ib
President, PrimeGov
July 2019 - Present
LinkedIn
VP of Operations at Granicus
2011-2015.

Over a decade of experience
working with government
professionals.

Padraig Supple
Project Manager
March 2020 - Present
LinkedIn
Former Propylon Sr.

Business Analyst 2013 –
2020.
8 years of experience in
government tech.

Tom Spengler
CEO, Rock Solid Technologies
Nov 2019 - Present
LinkedIn
Member, Board of Directors at
Propylon, Ascendify, and
PrimeGov.

Granicus co-Founder and CEO
1999 – 2014.
20+ years of experience working
with government professionals.

Sydney Erickson
Technical Support Lead
July 2020 - Present
LinkedIn
Former Granicus Customer
Care Engineer and Customer
Support Lead 2017-2019.

Larry Thorpe
Technical Lead
Aug 2018 - Present
LinkedIn
Former Technical Support
Manager for Hyland Software
(Sire)
2011-2018.
10 years of experience in local
government tech.

Jos hua Hurni
Director of Sales
Jun 2018- Present
LinkedIn
Former Granicus Account
Manager 2014-2018.
7 years of experience in
local government tech.

10 90

References
• Town of Yountville, CA
o Description: The Town of Yountville uses many of PrimeGov’s solutions for its legislative management needs, including: Agenda Automation, Meeting Management (including Voting), Committee Management, and Video Streaming.
o Address: 6550 Yount Street, Yountville, CA 94599
o Contact: Michelle Dahme, Town Clerk
o Phone: (707) 944-8851 x12
o Email: [email protected]
o Go-Live Date: 10/30/2020

• San Mateo, CA
o Description: San Mateo uses many of PrimeGov’s solutions for its legislative management needs including: Agenda Automation, Video Streaming with Closed Captioning, Committee Manager, Member Voting, and Meeting Management
o Address: 330 West 20th Avenue, San Mateo, CA 94403
o Contact: Patrice Olds
o Email: [email protected]
o Phone: (650) 522‐7042
o Go-Live Date: 3/2018

• San Bruno, CA
o Description: San Bruno uses many of PrimeGov’s solutions for its legislative management needs including: Agenda Automation, Video Streaming, Committee Management, and Meeting Management (including Voting)
o Address: 567 El Camino Real, San Bruno, California 94066 o Contact: Melissa Thurman, City Clerk
o Email: [email protected]
o Phone: (650) 616-7070
o Go-live Date: 11/2021

11 91

Solution Overview
Agenda Automation and Meeting Management Solution
Agenda Automation
With PrimeGov, you can manage the entire agenda process--from submitting an agenda item for a meeting to ensuring that the item has all the necessary supporting materials to be heard.

Agenda items can have pertinent item information tracked such as sponsor, background, speaker, recommendations, etc . All custom fields can be searched and tracked for reporting purposes.

Agenda items can be moved or copied to another meeting with a full legislative history available.

As items are moved, copied or arranged within the meetings, the numbering and formatting of the item is automatically adjusted. This makes last-minute changes and item prioritization simple to handle.

As part of Agenda Automation, PrimeGov includes custom izable electronic forms and our Workflow module. Using this automation, the Client can add an agenda item and send it through an approval process. This automation provides an efficient and trackable way of making sure that an item is properly reviewed and ready to be presented at a meeting.

There is no limit to the number of
agenda templates that can be
created in the solution. Multiple
templates can even be created
for individual meeting types. For
example, there could be a regular
meeting and a closed session
meeting for the same body. The
Client has complete control of
the templates, and how they are
formatted.

Documents that are added to an item either directly or through workflow can be in any format and will have OCR performed on them so they can be searched easily. There is no limit to the number or type of documents that can be added to an item. They will also be converted to PDF.

There are no proprietary file formats used in the solution. 12 92

Agenda Compilation and Publishing
Once an agenda and all its supporting materials have been added to the system the Client can compile them into a packet with the click of a button. That packet as well as the agenda can be published to the Client website with another click of a button. The format for the published agenda is configurable and includes all of the industry-standard programs such as HTML, PDF, and Microsoft Word. Both the agenda and the packet are automatically collated for printing or publishing.

PrimeGov also supports unlimited meeting bodies, allowin g each Board and Commission the unique permission levels to create and publish their own agendas and minutes. Publish dates can be controlled by each Board and Commission to meet State requirements.

Automatic Electronic Signatures
PrimeGov offers the same functionality that electronic signature solutions like Docusign provide without the need to manage and login into multiple solutions. The ability to electronically sign documents within the PrimeGov application is controlled by the workflow system. Users can designate the signature’s location and the required signee. Moreover, controls within the workflow allow for iteration and finalization of the document before it reaches the signatory for final signature. This eliminates the need for multiple steps of finalizing a document within the document management system as well as needing another application for electronic signature. PrimeGov offers both functionality within the same process and in the same system.

Key Module: Workflow
The PrimeGov Workflow module allows for the automation of virtually any business process.

This means that not only can it be used to track and manage the submission of agenda items, but it can also be configured to automate the processes surrounding meeting such as forward planning, scheduling, notifications, agenda review, agenda distribution, citizen input, meeting actions, and staff follow up after the meeting.

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Included Features:
• Automatic initiation of workflow when an action request is submitted electronically • Automatic text replacement shortcuts such as financial formatting, committee/ councilor names, and title prefaces
• Easy document routing for review and approval
• Automatic notification via email or workflow queue
• Parallel work process
• User friendly administration
• Unlimited workflows can be created to automate any process • Reporting
• Real-time monitoring of flows to show where action requests are in the process • Deadlines can be set for tasks to be completed
PrimeGov workflows and security levels are highly flexible and can assign tasks, priorities, and security at both the individual and group levels. Creating, tracking, and prioritizing an item for inclusion on the common agenda is simple and efficient when utilizing the workflow’s parallel work process and real-time status updates. Highly editable, custom workflows would also allow for easy maintenance of the list of pending agenda items to ensure nothing gets left out of the next meeting.

The PrimeGov workflow system allows for easy, visual changes to business rules as needs grow and evolve. These changes can be made without impacting in-flight work. Peer Review adds an additional level of inter-departmental review prior to moving on to the next approver in order.

Long Range Draft Agenda (LRDA)
When generating the City’s Long Range Draft Agenda, a user would run the report and save it as a standard report. This new standard report could then be re-run at any time to generate the information for the Long Range Draft Agenda. A workflow could be used to bring up the template to begin the process of generating and finalizing the Agenda.

Key Module: Meeting Viewer and Annotations
The PrimeGov Meeting Viewer is provided with the solution. Meeting Viewer allows users to view different document types without having to have the native application on their device. It also allows users to annotate their copy of the agenda and supporting materials. Some of the annotations included are notes, highlighting, redaction, signatures, and more.

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When a user annotates their
copy of the agenda, they will
have their annotations on
the agenda when they log in
for the meeting. Because the
PrimeGov solution is 100%
web-based and has been
designed with mobile-first
technology, users can access
the system from any device
that has a web browser.

Community Engagement
Improving community engagement options is core to the PrimeGov mission. We believe technology can improve communications between elected officials and their local community.

The Community Engagement module includes the following:

Key Feature: Community Comment
This software creates a public portal for citizens to comment on individual agenda items.

The comments are text-based and a character limit can be established to replicate the time limit used for public speakers when meetings are in person. All comments will be aggregated into a simple report and provided to elected officials. Comments are not publicly viable until they are published by the agency during or after the meeting.

Key Feature: Community Request-to-Speak
The Request to Speak functionality allows community members to sign up to request to speak for any agenda item. The software will manage the sign-up and provide an ordered list of public speakers that can be called on during the meeting.

Key Feature: Kiosk View
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The Kiosk View functionality is a tablet- based kiosk view, which allows community members to sign up to speak quickly and easily in meetings.

Public Portal
The Public Portal can be integrated directly within the Client’s website, providing a seamless look and fee l. Constituents can search for and view meeting agendas, minutes, supporting materials, and video/audio. The portal
also provides the ability for constituents
to search the legislative history of an
agenda item with a unique ID showing
virtually all the information the system
knows about a particular item. This
includes the meeting history, voting
records, speakers, and video specific to
the item. A ll documents added to the
system about the item are OCR'd for full
text or highlighted search for additional
information.

An internal portal can also be used if the Client would like to publish specific information internally prior to it being made available to the public.

Data Migration
PrimeGov has developed custom data migration tools to transfer the Client’s data from CivicClerk into the PrimeGov system to ensure the Client keeps all its meeting information and videos. PrimeGov will work with the Client to establish the scope of migration which varies based on volume of data and current systems. The migration tool can access the data (read- only) to pull it from the current system and bring it into the PrimeGov system. We conduct each migration with three stages followed by a validation period. These stages of migration are meeting records, video uploads and metadata/attachments. 16 96

Global Features and Services
Standard Reports
The PrimeGov reporting engine allows users to configure reports on any data stored in the system. Users can create “views” using system tools then use those views to create their own report. Standard reports are also provided and include:
• Committee Member Reports
• Committee Vacancy Reports
• Vote Records
• Attendance Records
• Audit report (login, adds, deletes, etc.)
• Usage Reports (Items Submitted, Items Approved, Review Time) All reports can be exported to (PDF, CSV, and Excel). Users can filter and re-run standard reports or save them.

Custom Reporting
The Committee Management module’s robust programming makes generating detailed reports quick and easy. The custom reports can be tailored to include specific information such as composition and demographics of the city’s various boards and commissions, including information pertaining to their gender, race, veteran status, disability status, address, and city district of residence while still differentiating between applicants and confirmed appointed persons.

Future developments scheduled for mid- 2022 include dedicated Demographic Infographics, making demographic information easily accessible through the dashboard environment. 17 97

Mobile Accessibility
As a completely web-based solution, anyone with permissions can view and access the agendas, minutes, and supporting documents from any device that has a web browser. The solution has been designed with mobile-first technology so that the product displays and scales appropriately depending on the device the user is viewing it on. PrimeGov is ADA and WCAG compliant.

Open API
The PrimeGov Legislative Management Suite is driven by Restful Web Services. This allows virtually anyone (other software vendors, open data developers) the Client allows to consume the data available in the system. Access is controlled by the Client and the available “datasets” are published by the Client, just like publishing an agenda.

SaaS Solutions - Data Storage and Backup
Data Storage
PrimeGov provides unlimited data storage for its clients as part of our standard solution offerings. Clients will never have to worry about running out of storage space or needing to upgrade to a larger data storage package.

Data Backup Process
All data is backed up and stored in multiple locations in real-time. Databases have Point in Time Restore up to 35 days. This means we can restore to any minute within the last 35 days. After that, restorations are saved weekly up to 6 months. Individual files have Point in Time Restore up to 2 days and daily backups for 30 days afterwards.

PrimeGov hosts all data in Microsoft Azure, which is a Tier 4 data center, and all connectivity is automatically managed by the Azure infrastructure. Azure guarantees a permanent data failover.

Extra data backups are available upon request. Clients may also export data to external devices for additional storage.

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PrimeGov follows the standard protocols for recovery stated by Azure. PrimeGov uses HTTP2 protocol, s o all communication between the client and server is secure and encrypted. Our database, backups and other data at rest is stored on Azure resources that have automatic encryption on all the elements.

Network Bandwidth and System Requirements
The entire application is web-based, so there are no minimum bandwidth requirements for web application usage. For video viewing, each user would use 5 Mbps as it’s a 720p stream.

Bandwidth requirements per client are dependent on user usage.

With mobile accessibility in mind, PrimeGov has been designed to run on any device that can support the latest web browsers including Chrome, Safari, Microsoft Edge, and more.

SaaS Solutions -Data Access and Security
Access
PrimeGov has fine-grained role-based security and ca n support multiple user IDs with varying levels of access and security. The client is able to create as many user IDs as needed and apply varying permissions to each.

Authentication is supported via password authentication as well as SSO. Permissions are applied at the user level and can be applied to meeting types, workflow tasks, or individual functions (operations) within the system.

Security – Physical and in the Cloud
PrimeGov prioritizes both client satisfaction and data
security. Every new employee must sign a non-
disclosure agreement and undergo both thorough
background checks and rigorous training.

When preparing an update, PrimeGov performs a
robust set of security checks and testing via a static
analysis solution before any new code can be merged
into the main body of the program. When a security
issue is discovered/reported average time to
resolution is currently less than 30 days.

For additional monitoring, all PrimeGov customers receive access to PrimeGov's customer portal where the health status of the applications is present, and all alerting is provided to customers who subscribe to notification. Notifications are sent automatically, and options are available for users to receive these via email and/or text.

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Integrations
PrimeGov builds o ur solution on widely used and supported web applications. Technology, particularly video, has improved dramatically over the last few years. Our role as a company isn’t to reinvent the wheel but to adapt software to meet the specific needs of clerks. We provide out-of-the-box Laserfiche, Zoom, Microsoft Office365 SSO, Google SSO, and YouTube integrations to pair our best-in-class solutions with our clients’ existing systems.

PrimeGov x Zoom Integration
An out-of-the-box integration with Zoom Business allows clients to create and automatically start Zoom meetings within the PrimeGov system. This removes the need to manually switch between systems when planning or conducting meetings. A link to the Zoom meeting can also be directly placed into the meeting and public portals to improve access. The current integration with Zoom do es not fully support Zoom Webinar.

PrimeGov x Laserfiche Integration
PrimeGov provides an out-of-the-box integration to match our best- in-class solutions with our clients’ preferred Laserfiche document management software. More than 20% of PrimeGov clients opt to use this integration in their solutions. This integration helps our customers manage their documents and link with their existing software solutions.

The PrimeGov integration with Laserfiche provides two primary features:
• Documents, and their related metadata, can be published to selected Laserfiche folders when pulled from PrimeGov
• Laserfiche folders can be accessed to select files to upload when adding attachments to sections and items in PrimeGov

Ou
r solution removes the need for users to manually download files from one system to place in the other. We save our users time and reduce the risk of errors due to manual work. In addition, the mapping of metadata when publishing documents from the PrimeGov system into Laserfiche provides even more time saving and error reduction, ensuring data is accurate and present in all files.

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Additional Modules Available:

Meeting Management
During a meeting, all roll calls, motions, votes, minutes, notes, actions, and video streaming can be performed with ease. The PrimeGov real-time meeting management tools provide a single interface that allows all aspects of the meeting to be managed, often by a single user.

Alternatively, the system
allows members of the
board to record their own
votes using their web-
enabled device. The real-
time meeting tools also
provide options for
citizen engagement.

Information about the
current item, speakers,
motions, and votes can
be displayed in the
meeting or online via the
public portal in real time.

Citizens can also participate in conversations with other citizens and leave comments about the meeting as it progresses via the public portal. All the comments, conversations, and information about the meeting and specific agenda items can be archived and stored or made available to the public post meeting as part of the meeting page or legislative history if the Client chooses to do so. In addition, a Speaker Management system is built in that allows for speakers to sign up for a topic they want to address the board about. Once they begin speaking a user can start the timer, so they know when their time is up.

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Key Feature: Speaker Management
A speaker management interface is included
as part of Meeting Management and includes
a timer that can be displayed in chambers.

Speaker Management can be configured in a
couple different ways. Members of the public
that would like to speak on a particular item
can either sign up online, and be automatically
added in the system, or can be manually
added by the clerk or other user that is managing the meeting in the system. How they are placed in the system is completely up to the Client. Once it is time for the speaker to start talking the clerk or other user can start the timer. Additional time can be added if needed.

Member Voting
The Meeting Management interface
known as Meeting Viewer also
provides a means for the members to
record their vote during a meeting and
offers the ability to communicate the
voting process of agenda items to the
public. This solution allows voting
members and support personnel the
opportunity to electronically view items
and supporting documentation on the agenda and to electronically cast votes on motions. The Voting solution provides an automated and effective approach to recording the events of the meeting to make it easy for the supporting personnel to follow along and manage the meeting as it is in session. Since PrimeGov is a web-based solution, Voting can also be used remotely if individual members are not physically present.

Video Streaming
The Video/Audio recording is integrated into the live meeting module and allows the video to be easily started, items to be timestamped, and video to be embedded into the public portal and legislative history. The timestamps can also be cross- linked with the relevant agenda item and its corresponding documents. All of this is from within the same interface used for running the meeting.

The live stream and on-demand recordings are managed through YouTube’s powerful distribution platform. One of the advantages to using YouTube is that they provide a free audio- translation component that can be used for closed captions. The Client will need an encoder to 22 102

stream, but all existing cameras, microphones, etc. will work. Through PrimeGov’s encoder technology, clients have the ability to pass the video signal to other platforms such as PEG channels and social media platforms.

Live Closed Captioning
Clients may choose to take advantage
of PrimeGov’s cloud-based Live Closed
Captioning offering to enhance their
meeting videos. Automated closed
captioning is available without the
purchase of any additional equipment
and increases accessibility and
transparency for constituents.

Committee Management
PrimeGov has integrated the management of boards and commissions as a core part of our solution. It is not a separate module or an afterthought, it’s built right in. Viewing, editing, and adding committees, boards, members, or positions, has never been easier. In one succinct view, a user can take care of all committee tasks efficiently and effectively. They can quickly create initial and subsequent terms, and even split terms if a seat becomes vacant mid-term.

Citizens can easily apply for vacant positions through fully customizable online forms. The application will be efficiently routed through the designated approval process using the workflows from the agenda automation. Once an applicant is selected, acceptance or rejection letters can be sent to multiple or individual applicants through the Committee Management’s notification system.

Customers can create meetings
customized to a committee's
schedule, including the ability to
specify the exact cadence, time,
and location of meetings. Once
the meeting is scheduled, the
PrimeGov Committee
Management will keep
committee members regularly
informed about their upcoming
meetings. Committee members
have access to their schedule
and meeting materials on their
mobile device so that they are always informed wherever they go. 23 103

Integrating Committee Management as a core piece of the software allows an unlimited number of meeting types to be created for each committee. Each meeting type can have a variety of templates (agenda, minutes, action summary, confidential, etc.) that allows for maximum flexibility without duplicating data entry or administrative efforts.

Council Portal
A Council portal that allows Council to leave questions for staff on specific items, and for staff to be able to respond to those questions is not a standard feature of the PrimeGov solution. We are currently developing additional functionality for Council and are open to possibly including this on our roadmap.

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Additional Products
PrimeGov works closely with Rock Solid to make the necessary functions of government easier and more efficient. The following solutions are two other products that readily complement the PrimeGov solution and may help the City in other areas:

Streamline

Rock Solid’s Streamline solution is specifically designed to provide the City with a centralized system of receiving, managing, and responding to PRR and FOIA. As an accelerator product, Streamline combines the built-in value of a software product and the flexibility of custom development. Unlike fully custom-built solutions, this proposed solution can be quickly implemented within 2-4 weeks to make a tangible difference in operations.

Streamline’s main features include:
• A multi-language (English/Spanish) solution platform in the Software as a Service (SaaS) model that incorporates record and document management, workflow automation, performance metrics, MS Excel integration, built-in alerts, electronic messaging, mobile compatibility, improved security and best practices. • A web, desktop and mobile compatible, public portal to enable residents, business and media to easily submit public record requests and access self-service capabilities to manage profile, see notifications, track status of request and download responsive documents.
• A web, desktop and mobile compatible, staff portal with built-in dashboard and reporting capabilities that enables staff to receive interact with requestor, collaborate with other departments and process requests while streamlining the process with automated workflows.
• An Extensible API for bi-directional integrations such as MS SharePoint, Outlook, Active Directory, and more
• Reliable and consistent service delivery measurements across all functions, and advanced reporting and dashboard capabilities.
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OneView

ONEVIEW
Rock Solid’s OneView CRM for D365 is a web-based civic relationship management product that will provide the City with a centralized system of record for storing and managing citizen information. It will allow City users to log and track citizens’ inquiries and requests. It will also provide functionality to create and send assignments to each City department responsible for providing the service. Field workers and citizens will have online access to their cases and assignment status. With OneView CRM for D365, citizens may present their inquiries or requests through a variety of channels, including a City-branded mobile app, a self-service portal, and social media. Built using the Microsoft Dynamics365 CRM platform (Microsoft’s latest version of CRM), OneView CRM for D365 provides a comprehensive knowledge base to help City staff answer questions and resolve requests. Its native integration to Microsoft Office 365 provides a seamless experience for managing email communications and reporting.

Rock Solid’s OneView solution gives the City a purpose-built, highly configurable solution that combines the deep functionality of an omni-channel enterprise CRM built on D365 at an affordable price point with an extensible mobile platform that is future ready. The robust integration layer utilizes an (optional but proposed) enterprise service bus to connect existing systems for additional value. The proposed solution offers:
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• An upgrade to the existing system utilizing a Software as a Service (SaaS) platform that incorporates existing workflows and best practices. • Intake and resolution of service and information requests from residents and customers with an omni-channel approach (e.g., website, mobile app, phone call, text, email, and chat), including self-service capabilities.
• A unified identity for each new customer and ability to consolidate multiple customer accounts into one unified account for each existing customer via an authentication and/or identity service.
• Rock Solid Integration Engine for out of the box bi-directional integrations (GIS, Infor, MUNIS, MS SharePoint, ActiveNetwork, Outlook, LDAP, and more), provides a future proof approach.
• Reliable and consistent service delivery measurements across all functions, and advanced reporting and dashboarding capabilities.
• A robust knowledge base developed in coordination with the City, containing a wealth of information regarding the City and its services, which can be used to research issues, retrieve department and service data, and enable rapid responses to requests for information.
• English/Spanish capabilities across interface platforms, including the native app using the phone’s language to present the appropriate language. • Complementary benefits available when deploying our product in existing Microsoft environment.

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Implementation Approach
At PrimeGov, we take pride in fully understanding your project before it begins. Before project initiation, we will provide the City of Foster City with a project plan and, if requested, a Scope of Work (“SOW”) document to support a clear understanding of the project. Although PrimeGov makes every attempt to provide accurate estimates, it is possible that additional Client requirements or details can emerge. If new requirements are discovered or additional products and/or services are required, it may change the estimated cost and timeline provided.

PrimeGov Implementation: Methods and Stages
PrimeGov uses a consultative approach to implementation, and our implementation methodology framework includes planning and discovery, implementation, and project closure.

The discovery period includes comprehensive review and analyses of the Client’s business processes for agenda and management. Additional discovery sessions will be held with subject matter experts to map and document workflows, forms, and documents to drive a successful Configuration period and lead into Training, Go Live, and Transition to the Support team for on- going, long-term support.

The project will consist of three distinct stages:

Planning & Di scovery
• Kick Off
• Process Review
Implementation
• Configuration & Test
• Training
Project Closure
• Go Live
• Transition to Support

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Projected Timeline
The estimated project timeline is 24 weeks. The projected timeline can be impacted by changes to the project scope and based on commitments to the general project requirements.

The PrimeGov Project Manager will work with the Client team during the Planning and Discovery Phase to identify implementation priorities and may shift the timeline and the timeline duration based on those priorities.

Project Team
PrimeGov’s Project Team includes a dedicated Project Manager, Implementation Consultant, and Technical Lead. Throughout the project, our team’s goal is to ensure a successful, on- time Go Live of the  PrimeGov system and long-term successful  use. Our team  brings industry best practices and product expertise to all sessions to ensure we are meeting your needs and working to simplify and improve processes, workflows, committee management,  and meeting management. The PrimeGov Project Manager will be responsible for leading the project to drive dates, deliverables, and completion of the project. The PrimeGov team will partner with the assigned Client Project Manager during the entire project cycle to ensure transparency, accountability, and successful completion of the project.

Client Team
It is i mportant for the C lient to create a solid project team for a successful PrimeGov implementation and wide adoption of the solution. Below are the recommended project team roles:

1. Project Manager: The Project Manager should be someone who manages the Client team’s performance of project tasks and secures acceptance and approval of deliverables from the Client stakeholders. The Project Manager is responsible for communication, including status reporting, risk management, escalation of issues, and, in general, making sure the project is delivered on schedule and within scope. The Project Manager will have signature authority for the acceptance of deliverables by Client. The Project Manager’s responsibilities will also include, but not be limited to:
a. Collaboration with PrimeGov resources on the project schedule deliverables; b. Coordination with key stakeholders, representatives, and decision makers; c. Facilitation of timely decision-making and resolution of issues; and 29 109

d. Coordination of Client resources for decision-making, project management, testing, training, etc.

2. System Administrator: The System Administrator should be a person who is closely involved with the legislative process: from the approval process of legislation to the creation of minutes. This person should consider him or herself computer-savvy. The System Administrator is responsible for maintaining the administration tab, managing the configuration of the system, user management, etc. in PrimeGov. The System Administrator’s responsibilities will also include, but not be limited to:
a. Collaboration with PrimeGov resources on the project schedule deliverables; b. Serving as internal resource to PrimeGov users; and
c. Coordination with key stakeholders, representatives, and decision makers.

3. IT Lead: The IT Lead works closely with the Project Manager to ensure that PrimeGov is deployed properly and helps solve IT issues that might arise.

4. Subject Matter Experts: It is important that Subject Matter Experts—such as the Clerk, department management and staff, and the City Manager—are an integral part of the Project Team to consult on the legislative process of the Council, from the approval process of legislation to the creation of minutes. These people may also be responsible for indexing the recording during the meeting if video/audio recording is involved.

5. Ba ckup System Administrator: This Backup System Administrator will serve as support to the System Administrator and preferably has a solid understanding of the legislative process of the Client jurisdiction—from the approval process of legislation to the creation of minutes—as well as a good level of technological skills.

User Testing
PrimeGov’s implementation includes walk-throughs and approvals of the system by the Client for each milestone ("User Acceptance Testing"). Thorough testing is required throughout the project plan prior to designated walk-throughs and approvals (“Sign-Off”). Prior to training and overall project completion, end-to-end walkthroughs of the system and approval is required during the Implementation Stage.

Testing starts with PrimeGov’s comprehensive testing of each area throughout the configuration.

Once testing passes PrimeGov’s standards, the Client and PrimeGov will walk-though the area.

After the walk-through, the Client's user groups will spend time—as a group and as individuals—continuing to test all areas of the project prior to moving to the next project milestone. Issues reported are tracked and organized on a templated test case system to ensure transparency and real-time access to updates and improvements. Issues reported will be fixed and feature requests will be documented prior to sign-off.

Pr
ior to Training, extensive end-to-end testing will be completed by the PrimeGov team. We will assign the Client project team members with user acceptance testing for final sign-off and further familiarity with the PrimeGov solution. Training materials are available at this stage to enhance the user testing experience prior to final walk-through and sign-off.

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Training Plan
PrimeGov’s implementation includes comprehensive training courses and written documentation that will allow the City’s users to learn at their own pace. Our software is not only easy to install, but easy to use as well. As a result, training requirements are much less intrusive and time-consuming when compared to other systems.

Please note: d ue to the health and safety concerns of performing onsite training during the coronavirus pandemic, all PrimeGov training will be performed remotely until PrimeGov leadership deems it safe for our team to travel and meet clients onsite.

All remote trainings are recorded and provided to the client at no additional fee. This allows users to review the material at their own pace and on their own time.

To ensure the proper training of PrimeGov users and administrators, we recommend adherence to the following guidelines:
• We recommend that at least two individuals be trained as Administrators. These Administrators should be prepared to attend all training sessions to gain a deep understanding of all users will be interacting with the PrimeGov system. • We recommend not more than two people per workstation during training classes  to ensure adequate levels of hands-on experience for each participant.

Sy
stem Administration Training
We recommend that at least two individuals be trained on system administration. One would be the primary System Administrator and the other would be the secondary or Backup System Administrator.

Training really starts during the installation process. PrimeGov project team members frequently discuss and include system  administrators, so they become familiar with all aspects of the system. Then, several days of formal training take place.

The training will train participants on troubleshooting the software and provide answers for specific needs or questions.

User Training
User training takes place after installation is complete. This is important because trainings utilize the newly installed system. Users can immediately begin using the software u pon completion of the end-user training.

Instructional Methods
Training is entirely hands-on and designed to appeal to different user types, learners, and skill levels. Our basic training model consists of these four parts:

• Explain: The instructor offers students an explanation of the concept and its possible applications.
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• Demonstrate: The instructor shows students exactly how to perform the operation or how the concept works.
• Practice: The students practice the concept using the software. • Evaluate: The instructor and students review the concept and practice performance.

This gives students a chance to ask questions and give input

Ongoing Training Opportunities
There are multiple training options available after the initial implementation of your solution has completed. They include onsite training (when permitted), online “webinar” training, training videos, and written documentation.  Clients also have access to our searchable online knowledgebase, which is constantly updated and expanded and includes how-to videos, helpful articles, release notes, and much more.

Recommended Offering for Foster City
As part of system set-up, PrimeGov offers live training sessions through Zoom. The PrimeGov training package includes up to 15 hours of live training. Our recommended training schedule is a total of 12.5 hours over a four-day period and is organized to train three user groups: System Admins, Clerks/Staff and Council Members.

We also include an additional 2.5 hours that can be used for any additional training needs as determined by the project team. Training hours are valid during the training stage of implementation and expire two weeks after your first live meeting with PrimeGov.

Th
e table in this document summarizes the recommended training schedule including audiences, length, and descriptions for each session. This training package is included in the PrimeGov system set-up fee. In addition to live training, the Client will also have 24/7 access to  PDF and video resources in our support knowledgebase.

Live Training Notes
• Trainings are delivered virtually through Zoom and range between 60-120 minutes per session.
• Trainings are recorded for future reference and links to recordings will be provided. • We recommend users be logged into their PrimeGov accounts to follow along with trainings.
• We recommend System Admins attend all trainings.
• The training schedule outlined below is flexible and can be revised if that is determined to be desirable and/or necessary by the project managers for Client and PrimeGov.

Training Requirements by Audience
• System Admins: 12.5 hours of training sessions. We recommend Admins attend all sessions.
• Clerks/Staff: 8 hours of training sessions.
• Council/Committee Members: One 60-minute training session. Members need their tablet or laptop devices typically used for voting and viewing in documents with them at these trainings.
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Training Breakdown
Training
Day Audience(s) Training Session Length Description
1 System
A
dmins
System
Management:

Session 1
90 mins
This is the first of two sessions for system
administrators only. This training will dive into the
Admin area in the PrimeGov system and cover
"maintenance" or "system upkeep" responsibilities
like updating positions/ user access/ meeting roles/
etc.

System
Management:

Session 2
90 mins
This is the second of two sessions for system
administrators only. This training will continue from
the first admin session.
2 Clerks/ Staff,
S
ystem
Admins
Building an
Agenda:

Submitting Items
and Managing
Task Lists
90 mins
This session will cover all areas of building an
agenda before the meeting. We'll start with
submitting an agenda item through a form all the
way through managing tasks and moving items
through the workflow to ultimately make it onto the
agenda.

Finalizing an
Agenda and the
Live Meeting
90 mins
This session will cover all areas of finalizing and
compiling agendas to the public before a meeting.

We'll also dive into a live meeting covering your
steps right before the 'go-live' and during the
meeting actions. Come ready to participate and get
familiar with the live meeting system.

Post Meeting
Processes 60 mins
This session will cover post-meeting responsibilities.

Topics like post-meeting clean-up, time stamping
videos, and compiling Minutes and Packets to
publish publicly will all be covered during this
session.
3 Clerks/ Staff,
S
ystem
Admins
Mock (short) Live
Meeting #1 120 mins
This will be the first of two practice walkthroughs of
a live meeting. This is interactive, mimicking the
behaviors and actions of a meeting like activating
items, roll call, minutes and motions, etc. Includes
Q/A session.
4 Council
M
embers
(Council
members
attend only
1 session),
System
Admins
Council/
Committee
Member Training
(Group #1)
60 mins
This session is for the first group of council and
committee members. We will show council members
and committee members how to use the PrimeGov
system for their meeting participation. We'll cover
viewing agenda details along with voting and using
Zoom, if you're virtual. Voting devices are required
for this session for each member. Each member
should attend only one of the council member and
committee member trainings. There should be no
majority of council members present.
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Training
Day Audience(s) Training Session Length Description
Council/
Committee
Member Training
(Group #2)
60 mins
This session is for the second group of council and
committee members. We will cover the same details
as with the first group.

Clerks/ Staff,
System
Admins
Mock (short) Live
Meeting #2 120 mins This will be the second of two practice walkthroughs of a live meeting.

Misc. TBD TBD 150 mins
This is a 2.5-hour bucket of optional training
sessions to be used at the discretion of the project
team.

34 114

Pricing
The PrimeGov platform is a single, hosted solution that can be partitioned into separate modules when clients wish to start with specific functions only. Should you decide to add services in the future, you never have to worry about integration or data migration issues because all modules share the same database. The pricing is based on population and there are no limits to the number of users, committees, or amount of data uploaded to the solution.

The following PrimeGov modules are included in this proposal:
● Agenda Automation
● Community Engagement

Solution Investment
Annual
Agenda Automation
Agenda Management
$8,670.00
Community Engagement
Online Public Comments and Request to Speak
$3,468.00
Annual Fee $12,138.00
One-Time Costs
Professional Services
Professional Services
$2,500.00
Data Migration Services
Data is fully migrated into system not just our portal. It includes attachments and timestamps
$11,250.00
$13,750.00

Subtotal $25,888.00
Total First Year Cost $25,888.00
Subsequent Years: Annual Fee +5% annual increase
35 115

The following PrimeGov modules are optional:
● Meeting Management
● Member Voting
● Video Manager
● Laserfiche or OnBase Integration

Solution Investment
Annual
Meeting Management
Includes minutes, in room display, timer
$6,503.00
Member Voting
Electronic voting for elected officials
$3,468.00
Video Manager
Live Streaming, mp4 recording, we can accepted subtitles but they would need to be created outside the system
$4,335.00
Laserfiche or OnBase Integration
Document Management integration
$1,500.00
API
Includes access to our API and customer support to developers building off the API
Included

One-Time Costs
AJA HELO Encoder
AJA HELO Encoder
$1,995.00
Professional Services
Professional service is 20% of the annual cost for each product and so is dependent on final product selection
TBD

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AJA Helo Encoder Information

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37 117
HELO - Spec Sheet 05/23/2019 Page 1 of 2
HELO
HELO is AJA’s powerful H.264 streaming and recording stand-alone appliance. HELO brings both SDI and HDMI I/O into a single appliance with the ability to simultaneously stream out to your Content Delivery Network (CDN) as well as encode and record beautiful H.264 files to either SD, SDHC or SDXC cards, USB storage or NFS or CIFS mounted network based storage simultaneously. https://www.aja.com/products/helo

38 118
HELO - Spec Sheet 05/23/2019 Page 2 of 2
Video Formats
(2K) 2048 x 1080p 23.98, 24, 25, 29.97, 30, 50, 59.94, 60* (HD) 1080p 23.98, 24, 25, 29.97, 30, 50, 59.94, 60
(HD) 1080i 50, 59.94, 60
(HD) 720p 50, 59.94, 60
(SD) 525i, 625i
*2K inputs are center cut to 1080p and are only supported on SDI input Video Codec Support
H.264/MPEG-4 Encoder
Video Encoding Parameters
100 kbps to 20 Mbps streamed output
100 kbps to 20 Mbps recorded output
Up to 1080p 60
Supports Baseline, Main and High
Audio Encoding Parameters
32 kbps to 256 kbps
48 kHz 2-Channel stereo
MPEG-4 AAC-LC
Protocols
RTMP, RTSP (10 clients), RTMPE, RTMPS, HTTPS and RTP/UDP Unicast and Multi Unicast
Storage
1x USB Slot (USB 2.0 and USB 3.0 media, exFAT or FAT32) 1x SD card slot, SD, SDHC, SDXC cards (exFAT)
Mounted Network Share (CIFS or NFS)
Video Input Digital
1x 3G-SDI, SMPTE-259/292/296/424, 10-bit
Single Link 4:2:2, 4:4:4 (1x BNC)
1x HDMI Standard Type A connector
HDMI v1.4a, RGB or YCbCr
Video Output Digital
1x 3G-SDI, SMPTE-292/296/424, 10-bit
Single Link 4:2:2 or 4:4:4 (1x BNC)
1x HDMI Standard Type A connector
HDMI v1.4a, RGB or YCbCr
Audio Input Digital
2-Channel, 24-bit SDI embedded audio, 48 kHz sample rate, synchronous
2-Channel, 24-bit HDMI embedded audio, 48 kHz sample rate, synchronous
Audio Input Analog
2-Channel, Analog (Line Level, Unbalanced
stereo 1x 3.5mm TRS connector)
Audio Output Digital
2-Channel, 24-bit SDI embedded audio, 48 kHz sample rate, synchronous
2-Channel, 24-bit HDMI embedded audio, 48 kHz sample rate, synchronous
Audio Output Analog
2-Channel, Analog (Line Level, Unbalanced stereo 1x 3.5mm TRS connector)
Network Interface
10/100/1000 Ethernet (RJ-45)
Embedded web server for Configuration and Control
Regionalized interface support - Simplified Chinese
User Interface
Stream Button
Record Button
Web UI
Simple Web Configuration via AJA eMini-Setup (macOS and Windows) Integrated calendar
Control and Automation
Integrated calendar scheduler
Support remote ICS calendars
Scriptable REST control API
Closed Captioning supported
Size (w x d x h)

7.00” x 4.66” x 1.02” (177.8 x 118.37 x 25.91 mm)
Weight

0.8 lb (0.4 kg)
Power
100-240V, 50/60 Hz Universal Input, +5-20V DC 13W Max
Environment
Safe Operating Temperature: 0 to 40 C (32 to 104 F)
Safe Storage Temperature (Power OFF): -40 to 60 C (-40 to 140 F) Operating Relative Humidity: 10-90% noncondensing
Operating Altitude: <3,000 meters (<10,000 feet)
39 119

Support Services Agreement

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40 120
10 SCHEDULE 1 – Support Services Contract

This Support Services Contract describes the expected performance of the PrimeGov Service, the procedures for reporting an issue, and expected turnaround time on issues reported.

1. Service Uptime Target. PrimeGov has a target uptime of >99.95% measured on a monthly basis. This time excludes any planned maintenance that have been identified to the Customer. PrimeGov shall give a minimum of two (2) business days’ notice for planned maintenance updates. Plan ned maintenance will be targeted to occur between 11 :00 pm Pacific Time on Thursday to 02:00 a.m. Pacific Time on Friday. Update notes are published as part of the maintenance notification, highlighting new features, improvements, and bug fixes. Maintenance time frames are subject to change by PrimeGov, and proper notification is provided to the Customer within the minimum two (2) business day period.

2. Reporting an Issue.
a. Contact Details. At PrimeGov, we built our support system with alerts to anticipate any service disruption so that our Customer Success team can address any technical items before they become an issue for our customers. In the case where a Customer discovers an issue, or the Service is unavailable, the Customer should notify the PrimeGov Customer Success team through one of the following channels:
i. Entering a ticket in the help desk system at support.primegov.com. ii. E-mailing the Customer Success team directly at [email protected]. iii. Calling the Customer Success team at 1-833-634-6349. b. Hours of Coverage . Regular Support Services ar e provided between 5:00 am and 5 :00 pm Pacific Time, Monday through Friday. On -call and emergency support are provided outside of regular Support Service hours online and by phone. More specifically, the hours are as follows:
i. Call for phone support. Phone support is available twenty -four (24) hours a day, seven (7 ) days a week by calling 1-833-634-6349.
ii. Enter an issue in the help desk system. This service is available twenty-four (24) hours a day, seven (7) days a week at support.primegov.com.
iii. Email an issue to the Customer Success team. This service is available twenty-four (24) hours a day, seven (7) days a week.
c. Customer Priority Identification. The Customer will supply their determined priority for each support item logged in accordance with the following Priority Code:

PRIORITY CODE DESCRIPTION
P1 - Critical The problem is impacting all Users by the Service being unavailable with no work - around available.

P2 - High The problem is impacting a significant number of Users and is causing a significant business impact, where there is no work-around available.

P3 - Moderate The problem is impacting a small number of Users and is causing a minor business impact or is causing a significant business impact, but there is a workaround available.

P4 - Low Non-service affecting defect. Non -urgent or cosmetic p roblems, queries, causing inconvenience only.

3. Resolving an Issue
a. Steps to Resolution.
i. PrimeGov Customer Success staff will analyze the issue and revert to the Customer with an assessment of the issue.
ii. The issue will then result in one of the following actions:

1. The PrimeGov Customer Success staff will send a set of steps to close the issue with associated times.

2. PrimeGov Customer Success staff will ask for more clarification/ information on the issue.

3. PrimeGov Customer Success staff may discuss the priority of the issue.

4. The Customer and the PrimeGov Customer Success staff will mutually agree to close or reprioritize an issue.
iii. If a support issue is closed because it has been successfully resolved, then PrimeGov Customer Success staff will provide a brief description of the final solution to the Customer. b. Target Response Time. PrimeGov will aim to provide the Customer with a response within a specific time limit based on the agreed Priority Code of the Support Issue (a “ Target Response Time”). The following Target Response Times are within the hours of coverage:

PRIORITY CODE DESCRIPTION TARGET RESPONSE TIME <
P1 Critical 30 minutes
P2 High 1 hour
P3 Moderate 2 hours
P4 Low 40 hours

4. Problem Escalation. A Support Call’s Priority Code may be escalated by either the Customer or PrimeGov, if it is found to be more business critical than first realized or if the steps to resolve are proving unsatisfactory. In the event of escalation, the following contacts from PrimeGov should be called:

ROLE NAME CONTACT EMAIL
Technical Support Lead Sydney Erickson [email protected] 41 121
11 Technical Support Director Larry Thorpe [email protected] President Sherif Agib [email protected]

5. Minor Enhancements. Requests by the Customer for minor enhancements or changes to the Service not relating to a defect or error inherent in the Service will be considered on a case- by-case basis and will be included under this Agreement at the sole discretion of PrimeGov if in the PrimeGov software product roadmap.

6. Knowledge Bas e. PrimeGov provides a searchable online knowledge base for questions and issue resolution is available at support.primegov.com. The documentation provided includes product updates, technical assistance, and tutorials. The content is regularly updated and expanded and each article contains links to related articles for increased navigation. The knowledge ba se is available on the same website as the support ticket management system for ease-of-use.

7. Exclusions
a. Requests by the Customer for significant enhancements or changes to the Service not relating to a defect or error inherent in the Service will be excluded from this Agreement and will be managed separately. b. PrimeGov is only obliged to provide the Support Services with respect to the then current version of the Service. If PrimeGov provides Support Services for older versions/releases, this is done without obligation on an “as -is” basis at PrimeGov’s sole discretion and without any service level applying and PrimeGov may make the provision of further Support Services for older versions of the Service subject to the payment of additional fees. c. Any alteration, modification or maintenance of the Service by the Customer or any third party which has not been authorized in writing by PrimeGov.
d. Any failure by the Customer to implement any recommendations, solutions to faults, problems or updates previously advised or delivered by PrimeGov to the Customer.
e. Either Party being subject to Force Majeure.
f. The Customer’s failure, inability or refusal to allow PrimeGov’s personnel proper and uninterrupted access to the Service.

42 122
43 123
DATE: June 6, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Jennifer Phan, Interim Deputy City Manager
Rob Lasky, IT Manager

SUBJECT: PURCHASE OF DOCUMENT MANAGEMENT REPLACEMENT

SOFTWARE

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution appropriating funds from the Information Technology Equipment Replacement Fund (Account No. 504-0160-419-4388) and authorizing the City Manager to execute an agreement with Cities Digital, Inc. for Laserfiche Document Management Software in an amount not to exceed $44,085.

EXECUTIVE SUMMARY

After issuing a Request for Proposals (RFP) and conducting an extensive evaluation process, staff is recommending the proposal from Cities Digital, Inc. for Laserfiche software. Their solution would best fit the City’s needs for a modern, flexible, and efficient Document Management Software System.

The total price, including installation and integration with the City’s existing software, is $44,085.

The necessary funding is available within the Information Technology (IT) Equipment Replacement Fund. However, the funds were not requested during the FY 2021-2022 budget process, so the attached resolution also requests the City Council to authorize a budget appropriation for these 124
purchases.

BACKGROUND AND ANALYSIS

The City currently uses Docuphase for our Document Management System.

Docuphase was originally deployed in 2017. The basic functions of a Document Management Software System include:
Scanning/OCR of paper documents
Import of bulk documents from external scan vendors
Searching/exporting of electronically stored documents Web Portal to allow public access to search documents
Trusted System design to allow original paper destruction Some reasons City staff is looking to replace Docuphase include:
Docuphase uses a legacy ActiveX Viewer, which requires the City to continue supporting older Internet Explorer browser technology. Search results are not customizable, which makes it difficult for users when working with longer metadata fields.
Docuphase has not released any major upgrades since 2017. The functionality of the public self-service web portal in Docuphase is not ideal.

The IT Division released a RFP for a Document Management System Replacement Project in March 2022 and received proposals from eighteen (18) vendors. After analysis of the proposals, four (4) vendors were chosen to participate in scripted demonstrations. The IT Division, along with members of the City Clerk and Community Development Departments participated in the demonstrations. Based on the proposed software features, references, and price, the proposal from Cities Digital Inc. was chosen as the recommended solution. Cities Digital Inc. can help the City address all of the above through the deployment of Laserfiche software.

FISCAL IMPACT

This project was originally budgeted in FY 2020-2021 for $100,000. However, the project was delayed, and the funds were not carried over to FY 2021- 2022. Therefore, the necessary funding is still available within the Information Technology (IT) Equipment Replacement Fund, but not appropriated. The attached resolution would both authorize the budget appropriation from 125
Information Technology Equipment Replacement Fund Account No. 504- 0160-419-4388 and approve the software purchase in an amount not to exceed $44,085.

The funding would be sufficient to cover the initial year of this project:

Laserfiche Cloud - 25 Business User Subscription $21,375 Laserfiche Vault $3,000
Professional Services (one-time payment) $19,710
TOTAL $44,085
Ongoing annual maintenance costs of $26,750 will be funded by the IT Operating Budget.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This project is included in the "Innovation and Sustainability" Value/Priority Area. More specifically, the project falls under the initiative "Prioritize City modernization efforts and explore Foster City applications." By deploying this application, the City will improve our document management process, resulting in staff efficiency and the ability to better respond to records requests.

Attachments:
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - CDI/Laserfiche RFP Response
126
RESOLUTION NO.____________

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

APPROPRIATING FUNDS FROM THE INFORMATION TECHNOLOGY EQUIPMENT REPLACEMENT FUND ACCOUNT NUMBER 504-0160-419-4388 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CITIES DIGITAL, INC.

FOR LASERFICHE DOCUMENT MANAGEMENT SOFTWARE IN AN AMOUNT NOT TO EXCEED $44,085

CITY OF FOSTER CITY
WHEREAS, Foster City requires a Document Management Software Solution to help store and organize official records; and
WHEREAS, a Request for Proposal was issued in March 2022, and competitive bids were received for this Document Management Software replacement project; and WHEREAS, demonstrations were performed by multiple vendors and these demonstrations were attended by staff members from multiple City departments; and WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504) to cover the purchase of said software and services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby appropriate funds from the Information Technology Equipment Replacement Fund (Account Number 504-0160-419-4388) and authorize the City Manager to execute an agreement dated June 6, 2022 with Cities Digital, Inc. for Laserfiche Document Management Software in an amount not to exceed $44,085 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
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DOCUMENT MANAGEMENT SYSTEM REPLACEMENT
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PROFESSIONAL SERVICES AGREEMENT
FOR

DOCUMENT MANAGEMENT SYSTEM REPLACEMENT
This Agreement is made and entered into as of the 6th day of June 2022 by and between the City of Foster City hereinafter called "CITY" and Cities Digital, Inc. hereinafter called "CONSULTANT".

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY relating to the City’s document management system replacement; WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services 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 CONSULTANT 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.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b)
Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the 128

DOCUMENT MANAGEMENT SYSTEM REPLACEMENT
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date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, 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 Forty Four Thousand Eighty-Five dollars ($44,085). Invoices for amounts in excess of Forty Four Thousand Eighty-Five dollars ($44,085) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the 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 monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and 129

DOCUMENT MANAGEMENT SYSTEM REPLACEMENT
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reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the 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 services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. 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. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’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. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.
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CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

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

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’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, CONSULTANT’s officers or employees.
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CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

The duty of CONSULTANT 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 CONSULTANT to indemnify City of Foster 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.

CONSULTANT’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. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and 132

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notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CONSULTANT 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 CONSULTANT 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 CONSULTANT.

13. WORKERS' COMPENSATION. CONSULTANT 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 CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT 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: Rob Lasky
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CONSULTANT: ____________________________
Patrick Welsch
719 Promontory Dr W, Newport Beach, CA 92660
855-714-2800
[email protected]

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

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

18. 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.

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. 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.

20. 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.

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person 134

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or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation 135

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failure to reasonably mitigate any adverse impacts (Force Majeure).

Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, D, and E 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: _________________________________ Edmund Suen, Interim City Manager
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Patrick Welsch
President
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EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND

DELIVERABLES FOR

DOCUMENT MANAGEMENT SYSTEM REPLACEMENT

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated June 6, 2022, by and between Cities Digital, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for software licensing and professional services.

1.Description of the Project:

1.1 DESCRIPTION: DOCUMENT MANAGEMENT SYSTEM REPLACEMENT

2.Basic Services:

The CITY has developed a general scope of work as described below.

2.1 Task 1 – Provide access to Laserfiche Cloud – Business Package User Subscription for 25 users

2.2 Task 2 – Provide professional services to help configure Laserfiche Cloud and Vault

2.3Task 3 – Provide professional services to migrate files from our current system (Docuphase) to Laserfiche Cloud

2.4Task 4 -- Provide Training to administrators and end users

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
$44,085

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

Invoice and Purchase Order

3. TIMES OF PAYMENTS.
50% invoiced upon agreement execution, and 50% invoiced upon project completion

PROJECTS AND SCHEDULE
Project to begin upon agreement execution and Tasks 2, 3 and 4 should last no more than 6 months. Task 1 shall commence upon the effective date of this Agreement and shall expire after one year.
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DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

1. PROJECT DELIVERABLES

1.1DELIVERABLES: Laserfiche Cloud - 25 Business User subscription, Laserfiche Vault

2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1SERVICES: Professional services to configure Laserfiche and training

END OF EXHIBIT A
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EXHIBIT B

FEE SCHEDULE
Laserfiche Cloud – 25 Business User subscription: $21,375 Upfront $23,750 annual Laserfiche Vault $ 3,000 Upfront $ 3,000 annual
Professional Services $19,710 Upfront --one time cost-- Total $44,085
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EXHIBIT C

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall 141

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immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

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

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies.

Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):
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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) ORGANIZATION: TITLE:
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ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
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3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.

4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]
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IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Patrick Welsch, President Edmund Suen, Interim City Manager 146

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Exhibit E
Terms and Conditions
Software Support Policy, “LSAP” (Laserfiche Software Assurance Plan) or “Annual Maintenance”
The initial purchase of a software system also requires purchasing maintenance for each component. Annual Maintenance is a software assurance program initiated by Cities Digital and required by the manufacturer to ensure that buyers are able to receive regular product updates and basic software support through their value-added reseller. Cities Digital has developed this policy with regard to services that are included with the purchase of Annual Maintenance in order to serve all buyers with access to hotfixes and expert technical support.

Services included in base LSAP costs:
• Cities Digital technical support hotline: o 855-714-2800 o [email protected]
o https://www.cdi.support/support
• • Software updates including hotfixes and new feature releases • • LogMeIn remote support (allows support technicians to access buyer’s computer remotely) • • Customer portal access: Submit & track tickets, view contracts, access videos and documentation • • Annual consulting meeting & strategy session
• • Annual software performance audit
Description of Support Services Laserfiche Software
Assurance Plan (LSAP)
Fee is based upon software components that have been
purchased. The support plan is renewable each year.

Seller support is provided as a part of the Laserfiche
annual support fee. Technical support is considered
assistance with software malfunctions (break/fix) or
“bugs.” Technical Support does include assisting buyer
with how-to questions and assistance with configuration of the software.

Response Time and Definition Responses provided within 24 hours of initial report.

Most responses and technical troubleshooting will
happen within an hour, if not immediately through chat / remote support. Responses consist of diagnosing the
problem and if possible, resolving it immediately. If it is not possible to resolve immediately a time will be
scheduled to attempt resolution of the problem at the
buyer’s convenience.

Seller provides a technical support hotline during
weekday and non-holiday business hours 8:00 AM to
7:00 PM Central Time. The technical support staff
processes assistance telephone calls, emails and
remote connections as they arrive. The Support Director assesses difficulty of tasks and assigns cases to the
tiered support staff. This process is in place to provide support to our customers based on the impact on their
on-going operations.

Non-emergency calls for support are typically responded to within one hours (or less). Critical calls (delay in work or loss of data due to system issues) may be responded
to immediately. Support calls may be escalated
internally to other technicians as needed.

Options for Coverage During Non-Standard
Business Hours or “After Hours Support”
Appointments may be scheduled with the Director of
Support at [email protected].

After hours support requires a two-week prior
notification, unless case of emergency. Upgrades,
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Billable rates for buyers with current Laserfiche Software Assurance Plans are $250/hr before 8:00am and after
7:00pm Central Time and weekends.

Cities Digital Closed on Six Federal Holidays Cities Digital will be closed New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.

Capability for Remote Diagnostics A web-based tool for remote diagnostics and support called LogMeIn is utilized. With specific prior written authorization from Buyer an unattended access tool is
available for use.

Maintenance Cost for Fixes, Major Releases and
Platform Changes
Maintenance that is done over the phone or remote
access is included in annual maintenance agreement at
no additional cost. Software upgrade packages are
available to Buyer at support.laserfiche.com or by
request from [email protected].

Major and infrequent upgrades referred to as “platform
changes” may be subject to a fee. The fee is set by the manufacturer when the platform is released.

Support Escalation Procedures

1. Problem is reported, a support case is opened and
documented. The case is resolved over the phone or
remotely.

2. If immediate resolution is not possible, problem is
reported to second tier support.

3. If there is no existing solution, Cities Digital
development will write a script, solution or “work around” to fix the problem. Cities Digital will then implement the solution.

Cities Digital creates technical support cases on behalf of the Buyer with the manufacturer upon diagnosis of
the problem if the problem cannot be immediately
resolved by Cities Digital.

Tracking Database All support cases are tracked in a ticketing system. The tracking software assigns incident numbers and the
buyer may call and request the status on any support
case at any time during work hours or by visiting the
client portal.

Third-Party IT Contractors Buyers that utilize a third-party IT contractor for management of servers and networking should expect
their IT contractor to assign remote-access to Cities
Digital for installation and configuration. Should
unattended access not be permissible third-party IT
consultants may need to be present during installation
or configuration. Additional configuration pertaining to Buyer’s network IP addresses, network security and
access may be necessary from time-to-time. Charges
from third-party IT consultants may be assigned. Cities Digital is not responsible for such charges. It is the
policy of Cities Digital to copy Buyer on all
communication between third-party IT contractors
unless explicitly instructed not to.
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Services not included in base
LSAP costs, Rates Sheet:

Technical services, design,
configuration
Per hour $200
Project management (per hour) Per hour $200
Development, integration and
conversion (per hour)
Per hour $300
Cancelled Meeting within 24 Hours
(1/2 hour/person)
Per hour $100 -$150
Off-hours work, outside normal
business hours excluding holidays
(per hour)
Per hour $300
Encrypted drive shipment –
Export/Import (per request)
Per export/import $500
Managed Services including
configuration of domains, IP
addresses, certificates, firewall or
SQL
Per hour $300
Mileage reimbursement Per mile $.585
Per diem minimum when providing
onsite service
Per day $250
End User License Agreement or “EULA”
The licensing agreements listed below pertain to Microsoft and Laserfiche. The Microsoft licensing pertains to use of hosting services from Cities Digital. Should clients not be utilizing hosting services the following eight points should not be considered applicable.

MICROSOFT SOFTWARE LICENSING AGREEMENT or “EULA”
Buyer agrees to accept the following conditions related to Software Licensing:

1. This Agreement is binding in all applicable jurisdictions.

2. Buyer is prohibited from reverse engineering, decompiling, or disassembling the Products, except to the extent that such activity is expressly permitted by applicable law.

3. Microsoft or its suppliers are hereby indemnified for any damages, whether direct, indirect, or consequential, arising from the Software Services.

4. Seller or a third party on Buyer’s behalf (and not Microsoft or its suppliers) will provide technical support for the Cloud Server.

5. The Products are licensed to Buyer from an affiliate of the Microsoft Corporation (collectively “Microsoft”). Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.

6. Buyer agrees to permitting Seller to disclose Buyer’s contact information where required to satisfy license registration with software manufacturers such as Laserfiche or Microsoft.

7. The Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”).

8. Microsoft will be an intended third-party beneficiary of this Agreement, with the right to enforce provisions of the End User Agreement and to verify the compliance of the End User.

9. The Laserfiche End User License Agreement is available for reference in entirely on our website at cdi.support/eula 149

CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support

City of Foster City, CA
Document Management System Replacement Project RFP

Response Prepared By:

Cities Digital, Inc.
2000 O’Neil Road Suite 150
Hudson, WI 54016
P: 855-714-2800
F: 866-592-7343
E: [email protected]

Contact for this RFP:

Andrew Albers
Account Executive
[email protected]
P: 855-714-2800 ext. 104

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4/11/2022

City of Foster City, CA
Rob Lasky
610 Foster City Blvd.

Foster City, CA 94404

Cities Digital, Inc.

Patrick Welsch, President
2000 O’Neil Road Suite 150
Hudson, WI 54016

RE: RFP for Document Management System Replacement Project

Please accept this proposal as the response to RFP for Document Management System Replacement Project from Cities Digital, Inc. Our federal tax ID number is 41-2016055. Your primary contact for this RFP will be:

Andrew Albers
Account Executive
[email protected]
855-714-2800 ext. 104

719 Promontory Dr W
Newport Beach, CA 92660

Person with binding authority for the company is:

Patrick Welsch
President
[email protected]
855-714-2800 ext. 101

Sincerely,

Patrick Welsch, President

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Table of Contents
Executive Summary ............................................................................................................................................. 5 Proposal Narrative ............................................................................................................................................... 7 Corporate Profile ............................................................................................................................................. 7 Project Team and Experience ........................................................................................................................ 10 Project Understanding ............................................................................................................................... 15 System Requirements ................................................................................................................................ 20 Product Descriptions ................................................................................................................................. 24 Scope Management ................................................................................................................................... 38 Methodology ................................................................................................................................................. 39 Implementation and Testing ..................................................................................................................... 39 Timelines .................................................................................................................................................... 41 Project Plan ................................................................................................................................................ 42 Maintenance and Support ............................................................................................................................. 44 Training .......................................................................................................................................................... 46 Pricing ................................................................................................................................................................ 47 Contract ............................................................................................................................................................. 54

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Executive Summary
Cities Digital, Inc. “CDI” is pleased to present the following highly integrable and scalable Laserfiche Document Management Software Solution for the City of Foster City. The solution is based upon the careful study of the RFP release documentation.

It is the understanding and opinion of CDI that the City of Foster City is utilizing this RFP in order to identify potential vendors to partner with in designing, implementing, and configuring a highly integrable Document Management System for document/records lifecycle management, business process automation, security, efficiency, ease of use, and scalability for future needs. Cities Digital is planning to offer:
▪ Experienced design, guidance and implementation of robust enterprise -wide document management. ▪ Deployment of initial phase that includes the installation of functional client stations and client software for a total of 25 primary internal users.
▪ Deployment of the Laserfiche Records Management Module. ▪ Deployment of the Laserfiche Weblink Public Portal for read-only access into the document repository. ▪ Conversion of approximately 110,000 documents in the City’s current DocuPhase document management system.
▪ Training and experienced, accredited project management for this important project. ▪ Services for future needs as the system expands related to further business process automation, collaboration, and integrations.

The solution and services being proposed includes software manufactured by Laserfiche, a solution that has been refined for more than 30 years with over 35,000 organizations using the product. The Laserfiche solution offers excellent scalability to many thousands of users, state-of-the-art feature sets for Workflow, Electronic Forms and a powerful API. This software solution will be implemented by an experienced team of trainers, PMP and BA accredited staff members. The extra resources at CDI will also help tremendously in future/optional phases with system leadership, development, API integration assistance and conversion of any existing data.

CDI is proposing the on-premise Laserfiche Rio enterprise platform with 25 full user licenses and the Laserfiche Weblink Pilot Public Portal for the initial deployment. The City has requested licensing for 20 full users, however, Laserfiche Rio requires a minimum of 25 full user licenses. CDI is recommending the Laserfiche Rio platform for a few reasons. The City lists requirements for Azure AD and the ability to send secured links to share documents with third parties.

Laserfiche Rio is required to meet these requirements. Additionally, the City requires an unbreakable audit trail.

Laserfiche Rio includes Advanced Audit Trail as standard. Finally, Laserfiche Rio will provide the City with the ability to deploy an unlimited amount of Laserfiche servers and repositories.

The Laserfiche Weblink Pilot Public Portal will allow for read-only access into the Laserfiche repository for both the public and internal users. It includes multiple security profiles that enable both internal and public users to have different levels of access into the repository. By deploying Laserfiche Weblink, the City will not only gain a portal for internal users but also provide self-services for the public into the City’s public disclosable documents and records.

Additionally, CDI is including our Platinum Support Package that includes 80 hours of services. These services will cover the Laserfiche Rio software installation and configuration. Consulting pertaining to system design is also included along with project management and end-user training. Services for the DocuPhase document conversion are also provided.

Laserfiche is an ideal solution for the City as there is a large Laserfiche user community with expert-level users at many municipalities. You will find that the Laserfiche solution offers very robust document management functionality in addition to features for human resources, contract management, public information requests and ma ny, many more. 154
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The solution that has been proposed includes the ability for users to leverage many pre -built solutions from CDI that are drop-in and no additional cost. We invite you to see for yourself, via short videos, the solutions CDI offers.

Public Records Request Solution: https://screencast-o-matic.com/watch/cFhUoab7yo HR Onboarding Solution: https://screencast-o-matic.com/watch/cFQ2DUqK5O Contract Management Submission: https://screencast-o-matic.com/watch/cFQIrOqdgw Contract Management Review: https://screencast-o-matic.com/watch/cFQIraqdkF Auto Redaction: https://screencast-o-matic.com/watch/cFVbI4oDR9

CDI is especially qualified to undertake and execute the implementation of the City of Foster City’s Document Management System because of our experience, resources and dedication to cultivating true partnerships with clients, and the value-offering of Laserfiche.

It is the opinion of CDI that the City will find CDI an exceptional candidate for the proposed project for the followi ng reasons:

1. Experience: CDI has 20+ years of experience working with large and small government agencies and currently supports over 650 EDMS/ECM clients nationally. CDI is a Gold/Platinum-certified Laserfiche provider and was awarded the Laserfiche President’s Award in 2021.

2. Leadership: CDI has led clients through records management and conversions ranging in size from the Medicaid/Medicare Processing Centers to the Utah Retirement System and Public Employee Health Program.

Many of the CDI employees have more than 10 years of experience and worked through large, challenging enterprise projects.

3. Integration: The development team at CDI has integrated into hundreds of applications and is Laserfiche’s largest development partner. With this track record and experience in integration, CDI will be helping your team launch the project and guiding or building the interfaces, leading to a successful completion.

4. Security: CDI takes security and your privacy seriously. CDI has passed an SSAE16 audit within the past 12 months and uses a datacenter that is SOCII audited.

It is our belief that CDI has the best offering for the City’s project to implement a replacement Document Management System. Our experience, staff, integrations and guidance will ensure a successful migration to a digitally transformed environment.
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Proposal Narrative
Corporate Profile
Established in 2001, CDI has grown to become a leader in document management solutions. The company began by offering an integrated experience for users leveraging the power of the Laserfiche document management platfor m and integrating the system with different line-of-business applications. With over 100 integrations, CDI is Laserfiche’s largest Professional Development Partner.

CDI maintains a full‐time development department, creating custom applications and integrations with Laserfiche, as well as performing conversions from other systems. The custom work of this department has been recognized nationally by Laserfiche in their spotlight case studies and at their annual conferences. While the initial implementation of your Laserfiche system is certainly of very high importance, CDI places an equal amount of importance on cultivating partnerships and helping clients to continue growing their system. The City should be aware that not only does CDI have the necessary resources to provide exceptional support, additional consulting and development services, but is proactive in providing free user group sessions (available remotely), a monthly newsletter, and a comprehensive annual audit of the system.

As a requirement for many clients, Cities Digital carries an SSAE16 certification as a result of an annual audit. Hosting, online backup and cloud services are offered by Cities Digital from our state -of-the-art collocation facility.

As client projects have grown and the Laserfiche suite of products expanded, CDI added a team of project managers, coordinators and developers. The company is able to provide all services related to this project without any subcontractors.

The more than 650 clients working with CDI understand that the consultative services and support they receive is a truly tailored direction, built on experience. By regularly seeking client feedback and involvement, CDI enjoys a high level of customer loyalty. CDI’s tag line “Take information further!” becomes increasingly more appropriate, as it is the overriding goal for clients, each and every day.

For more than nineteen years CDI has been supporting, training and implementing integrated document management, records management and workflow solutions. It has been the pleasure of CDI to work with clients ranging from the National Guard to The Centers for Medicare and Medicaid, The State of Washington to the Texas Health Professionals Council.

During all the implementations, CDI has offered proactive guidance and expert product knowledge. Paired with friendly and ever-present technical support and an on-staff development team, CDI has the ability to offer all necessary services under one roof.

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9 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Project Management
• CDI has PMP (Project Management Professional) certified employees on -staff that have trained our Project Managers in project management strategies, use of risk registers and the methods and strategies used in ECM deployment.
• Our Project Managers have varying levels of Project Management experience in their role at CDI but also in previous roles prior to CDI.
• The staff selected for this project are trained on a regular annual schedule to use the industry -leading processes for implementation of ECM. The staff selected for this project have also been a part of more than 100 implementations of the Laserfiche ECM solution. With that background, you will be advised on the pitfalls and perils seen in other projects along with suggestions of best methods and quick wins for deployment. • CDI has implemented projects ranging in size and scope from the Medicare/Medicaid Processing Centers deployment of Records Management features in Laserfiche to a business process deployment ranging multiple continents for a global manufacturing firm.
• CDI uses multiple tools during the project management process including Microsoft Project, our own proprietary project management tools in Laserfiche and report automation for clients. • Our Project Managers have a Project Coordinator assisting them. Our Project Coordinator’s prime role is to assist in scheduling and meeting coordination with clients. This is a valuable role as it ensures meeting coordination back-and-forth is kept to a minimum and allows customers to email [email protected] for a meeting time with any of our team members.

Business Process Design
• When it comes to the automation, workflow and approval processes Laserfiche has many features that may be leveraged to solve your digital transformation goals. Our Business Process Designers are skilled, and the staff selected for this project has more than 10 years of designing the very most complicated, advanced and elegant workflows our firm has ever built.
• Staff selected for this project has experience building workflows and forms for other City customers.

Integrations
• Our team is the largest Laserfiche Development Partner, with more integrations available than any other Laserfiche Partner.
• Our integrations are used by many customers throughout the world, have been avai lable for many years and are proven to work and deliver results.
• When your team has additional integration projects, a new application that has not been previously integrated, our team of developers will be able to assist or build your integration. Our te am of developers (3) are skilled in full stack development and have extensive experience using the Laserfiche API, C#, MS SQL, Angular, JavaScript and many more languages.

Ongoing Account Management
• Your account will be assigned an account manager that will be connecting with the primary account contact no less than four times per year and seeking input on the quality of service you have received. • The Account Manager assigned to your account will be intimately aware of your Laserfiche product array and be available to generate quotations or handle any concerns you have on your account. Additionally, your 158
10 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Account Manager will be meeting with you to assist in registration for the Laserfiche Empower training conference or other training events in the area.

Project Team and Experience
Cities Digital has selected a group of well-qualified team members for this project. The individuals listed below will ensure project success through their demonstrated leadership and attention to detail. Other members of the Citie s Digital team will also be leveraged for this project as needed including developers and technical support, they are not listed below.

Kyle resides in Los Angeles County, CA.

Kyle
Knebel
Consultant, Trainer
Experience:

Cities Digital – Hudson, WI
Consultant and Trainer: 2012 – Present
▪ Business process consultation
▪ Development of Laserfiche Workflows and Electronic Forms processes ▪ Train clients on successful utilization of Laserfiche advanced Laserfiche BPM functionality

Fox Filmed Entertainment – Greater Los Angeles Area
Business Solutions Consultant: 2010 – 2012
▪ Business process consultation
▪ Conduct client discoveries to identify system gaps
▪ Conduct tailored software demonstrations and trainings to executive team

eDocSecure, Inc. – Greater Los Angeles Area
Director of Technical Services: 2003 – 2010
▪ Direct project management, implementations, and training for all clients ▪ Manage internal and field support staff

Education:

B.A. Business; California State University, Northridge, CA 159
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Andrew resides in Orange County, CA.

Andrew
Albers
Account Executive
Experience:

Cities Digital, Inc. – Hudson, WI
Account Executive: 2020 – Present
▪ Develop relationships with new and existing clients
▪ Scope initial Laserfiche solutions and provide proof of concept demonstrations ▪ Work with Consulting and Development teams to develop complex Laserfiche Workflow and Electronic Forms solutions

ECS Imaging, Inc. – Riverside, CA
Account Executive: 2010 – 2020
▪ Develop relationships with new and existing clients
▪ Scope initial Laserfiche solutions and provide proof of concept demonstrations ▪ Work with Consulting and Development teams to develop complex Laserfiche Workflow and Electronic Forms solutions

Laserfiche – Long Beach, CA
Solutions Consultant: 2009 – 2010
▪ Develop relationships with new and existing clients
▪ Scope initial Laserfiche solutions and provide proof of concept demonstrations ▪ Work with Consulting and Development teams to develop complex Laserfiche Workflow and Electronic Forms solutions

Education:

B.A. International Studies; University of California, Irvine, CA 160
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Flater
Global Cloud Director
Experience:

Cities Digital – Hudson, WI
Global Cloud Director: 2021 – Present

Valley Cooperative Association – Greenville, WI
IT Manager: 2016 – 2021

Outagamie County – Appleton, WI
Network Administrator: 2005 - 2016

Education/Training:

CompTIA – A+, CDIA+ SME, Cloud+, Network+, Project+, Security+ Citrix – CCA
Microsoft – MCSE, MCTS
VMware - VCP
B.S. Information Technology Management; Western Governors University, Millcreek, UT

Jenn
LeMere
Project Manager
Experience:

Cities Digital – Hudson, WI
Project Manager/Account Manager: 2018 – Present
▪ Laserfiche Project Management
▪ Account Management
▪ Develop relationships with clients and provide consultative services ▪ Training clients in large group settings
▪ Planning and executing user group events

Minnesota Life – Greater Los Angeles Area
Client Relationship Manager: 2002 – 2014
▪ Client/Account Management

Conseco – Greater Los Angeles Area
Project Manager: 1999-2002
▪ Project Management

Education/Training:

Lowthian, Design and Merchandising

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Richardson
Director of Support
Experience:

Cities Digital – Hudson, WI
Director of Support: 2011 – Present
▪ Set the direction, training regimen and operate the IT support department ▪ Work with sales and consulting teams to identify system requirements, workflows and custom solutions
▪ Perform installations of highly complex integrated Laserfiche solutions ▪ Develop and execute database backup plans and perform complex database reconstruction processes
▪ Work with development team to perform highly specialized tasks ▪ Create and conduct webinars for the Laserfiche customer base concerning the maintenance and support of the solution

BancTec – Austin, TX
Regional IT Manager: 2006 – 2011
▪ Develop, deploy and maintain document management solutions for clients ▪ Oversee the Information Technology teams for the regional offices ▪ Manage projects, coordinate installations and configurations ▪ Evaluate workflow processes and develop automation/integration to improve flow of information

Education/Training:

B.S. Information Technology; University of Phoenix, Phoenix, AZ

Description of Roles
CDI Project Manager
The Cities Digital Project Manager’s role will include:
• Centralizing communication for Cities Digital staff about the project • Providing progress reports for Cities Digital projects • Ensuring that deadlines are met and that tasks and information requests are fulfilled • Scheduling progress meetings
• Customizing documentation for policies and procedures

Trainer (Consultant)
The trainer will be responsible for:
• Customizing documentation for policies and procedures • Providing information to the City’s Project Manager regarding recommended training sessions • Conducting training sessions

CDI Technical Support
CDI Technical Support’s role will include:
• Providing professional installation services
• Providing technical infrastructure recommendations as requested by the Project Manager • Responding to and resolving technical support requests during all phases of implementation • Responding to and resolving ongoing technical support requests from users of all levels at the City’s

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The conversion programmer will be responsible for:
• Evaluating source data
• Identifying possible issues with source data
• Programming conversion
• Managing conversion change requests
• Running and monitoring conversion
• Reporting following conversion

Integration Programmer
The integration programmer will be responsible for:
• Evaluating integration options for software
• Configuring integrations if out-of-the-box
• Programming custom integration features
• Troubleshooting integration issues
• Managing integration feature and change request

CD Project Manager
(Consultant)

CD Project Manager
(Consultant)

Conversion
Programmer

Conversion
Programmer

Integration
Programmer

Integration
Programmer

Trainer

Trainer

Cities Digital
Project Staff
Cities Digital
Project Staff
CD Technical
Support

CD Technical
Support

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The City of Foster City is looking to deploy a replacement Document Management System that better meets the City’s needs. The City has outgrown their current Document Management System as it looks to move into a more digitally transformed environment. Not only is a robust document/records repository a vital need, the City looks to streamline and automate business processes in the future.

The proposed Laserfiche solution meets all of the Town’s high-level goals in the RFP. Detailed Laserfiche product descriptions follow in the next section while a high-level overview is presented here.

Laserfiche offers an intuitive scanning interface for document and record scanning. Most recent scanners are supported for direct scanning into Laserfiche. Furthermore, the City will be able to leverage their Multi-Function Printer (MFP) devices for scanning. Laserfiche offers a module, called Import Agent, that can monitor network folders for new documents and bring those into Laserfiche accordingly. It can also be setup to monitor an Exchange e -mail server and import your e-mails into the system as well. This module is included in the pricing proposal.

Laserfiche users can also simply drag and drop documents or folders from their local or network locations into Laserfiche. The City currently has roughly 110,000 documents housed in the current DocuPhase Document Management System. CDI is proposing our data conversion and migration services to move all of this data into Laserfiche. CDI will make this process effortless for the City. The City can expect their new Laserfiche repository to contain all of the DocuPhase documents with metadata attached.

As new documents or records are scanned or imported into Laserfiche, they are made viewable by the system. Both internal and external users will be able to utilize the Laserfiche search functionality to locate documents and records pertaining to their needs. The proposed Laserfiche Weblink Public Portal will provide this functionality. This is a read - only portal that offers unlimited security profiles. These profiles are used for different levels of access based upon the type of user accessing the system. A public user would generally have a much more restricted level of access compared to an internal employee. The Weblink Portal will be made available on the City’s public facing website. It can be customized to mimic the look and feel of the Town’s website.

Additionally, new records brought into the system will automatically be recognized by the system and correct records retention policies will be applied in addition to being placed in the correct records series filing folders. This functionality is possible with the proposed Laserfiche Records Management module. This module will enable the City to properly manage the lifecycle of their records based on the City’s retention policies.

The City looks to streamline and automate business processes in the future. Laserfiche offers powerful and easy-to-use features to enable this functionality. Laserfiche Forms is an electronic forms solution that enables an organization to digitize any paper-based form into an electronic form and make them available on the organization’s website. As the form is filled out electronically by the submitter, logic is built into the system for specific routing and approval processes to take place, if needed. Once a form is submitted, internal staff members can be notified via email to take specific actions on particular forms. As the form process is completed, the form can be filed into the Laserfiche document repository and be made available for viewing via the Weblink read-only Portal. Laserfiche Forms can also be deployed internally to automate and digitize processes such as HR on -boarding and off-boarding.

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The City of Foster City has identified that it currently uses ArcGIS in the Q/A documentation. Although, an integration with the new Document Management System is not required, CDI would like the City to consider our integration. It is one of our most popular integrations and adds a lot of value to the entire environment.

GIS (ESRI)
▪ Easily interact between the ArcGIS interface and a Laserfiche repository. ▪ Users can upload documents to Laserfiche straight from the ArcGIS interface and view any related documents already stored in Laserfiche.
▪ They dynamic ArcGIS map will auto -populate, indicating which feature on the map have associated documents in Laserfiche.
▪ Laserfiche files are viewable for display by generating a URL through either Laserfiche Web Access or Weblink.
▪ Files are uploaded and imported into Laserfiche automatically applying template data based on widget settings.
▪ Feature layer documents can be stored in a separate database so that the map data loads quickly. ▪ A user can select th e feature layers and fields to map to Laserfiche so that they can determine which metadata will be populated on the document.
▪ ArcGIS is used by firms to improve planning and analysis, operational awareness, field data collection, asset management and community engagements.

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With our DocuSign integration, CDI is able to offer a secure digital signature solution. This integration can function as a stand-alone Laserfiche integration for requesting digital signatures directly out of the Laserfiche document repository or be implemented into a Laserfiche electronic forms workflow process. This can be very useful for any City forms or documents that require a secure signature from a third-party. For example, the contracts process is an excellent example of this. CDI can consult with the City to review current processes and how to leverage Laserfiche and our solutions to enhance them.

Sample screenshots of the CDI Laserfiche and DocuSign integration

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CDI offers many additional integration possibilities with Laserfiche. The following link highlights some of the available integrations
https://www.cdi.support/laserfiche-integrations.

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1. A public portal is required to allow the public to access designated cabinets without a need to login.

Yes, CDI is proposing the Laserfiche Weblink Public Portal. Weblink allows for public access without the need for login.

2. Describe how your solution allows import of PDFs from an outside scanni ng vendor. How do you allow index information to be imported at the same time?
Documents can be simply drag and dropped into the Laserfiche repository into a temporary “incoming” folder.

A Laserfiche Workflow can be written to then reprocess imported docum ents to correctly name and file them into the appropriate folders within the repository. If the destination folders do not yet exist, the Workflow can create the required folder structure. If these documents are records, the system can recognize them as such and correctly file them into appropriate records series folders and apply the corresponding retention schedules automatically. Additionally, the Workflow can simultaneously do lookups into SQL tables for metadata needed to properly index these incoming documents and records.

3. How does your solution handle secured and/or signed PDFs? Can your PDF viewer open signed PDFs, or does it just display “Please open this PDF in Adobe Acrobat”? The City currently uses both Adobe Sign and DocuSign.

Secured/signed PDFs are handled in Laserfiche just like regular PDFs. They can be opened in the native Laserfiche viewer. Laserfiche has an integration with Adobe Sign through the included Laserfiche Forms interface. Additionally, CDI has developed our own Laserfiche and DocuSign integration as mentioned above.

4. How does your solution comply with the requirements of a Trusted System, as defined by the State of California, in order for the City to be able to destroy original paper copies.

The CA Trusted System mandate requires an entity to have two backup copies of their data in WORM (Write Once, Read Many) format. One copy onsite, and the second copy offsite. CDI offers data hosting services for many of our clients. We can backup your Laserfiche data to WORM and be the offsite option to meet the mandate. WORM backup services are included in the pricing estimate.

5. How does your solution allow the application of retention rules from the City’s Records Retention Schedule to the documents stored in the system?
With the included Laserfiche Records Management module, the City will be able to manage the lifecycle of records based upon the City’s Records Retention Schedule. Our Consulting team will be able to implement this robust records management functionality as part of the initial implementation. Once configured, the process of importing and managing records in Laserfiche is seamless. A user simply scans or drag/drops a record into an “incoming” folder and the system will automatically assign the proper retention period and file it into the appropriate record series folder. Description of the Laserfiche Records Management module follows below in the Product Descriptions section.

6. Document migration from our current system will be required. Provide a narrative as to your a pproach to document conversion/migration and the specific responsibilities of the City to ensure a successful conversion.

The following is a high-level overview of our document conversion and migration process:

Design
Conduct Review of Legacy Documents Import
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21 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Acquire Legacy Exports for Development
Develop SOW for Import
Review SOW with Client & Development
Approve SOW
Development
Develop Conversion
Deploy Associated Workflows
Conduct Trial Run of Conversion & Review
Schedule Full Conversion
Execute Conversion
Run Conversion App
Review Conversion Results w/ Client & Development
Formal Acceptance of Conversion by Client

7. The system is expected to work with modern systems (e.g., operating systems, web browsers, databases).

Client-side ActiveX or Java is not allowed.

Yes, the Laserfiche environment supports the latest Microsoft operating systems and databases. All major web browsers are supported for web-access into the Laserfiche repository. ActiveX or Java are not necessary.

8. Role-based security that integrates with Active Directory or Azure AD for the purposes of authenticating and authorizing users is required.

Yes, role-based security in Laserfiche is integrated with Active Directory. Azure AD requires the Laserfiche Rio enterprise platform.

9. Describe your user licensing. Is it by named user, concurrent user, or device? How do you license the access for the public portal?
Internal full user licensing in Laserfiche follows the named user model. A full user is anyone that needs both read and write capabilities. However, the Weblink Public Portal follows the concurrent licensing model for both the internal and public read-only users. The proposed Pilot version of the portal includes 25 concurrent read-only connections. This can be upgraded to an unlimited version if or when needed.

In terms of electronic forms and business process automation, Laserfiche features additional licensing models.

For a user that only needs to submit or approve a form and have read -only access into the repository, Laserfiche offers a less expensive Participant user license. This license type also follows the named user model.

Finally, for both internal and external electronic forms submissions, Laserfiche offers the Forms Portal. The Forms Portal allows for unlimited forms submissions from unlicensed (anonymous) users.

10. The City currently stores Agreements in DocuPhase, but we would like to track more information such as Total Dollar Amount of Agreement, and whether it was signed by the Mayor or the City Manager. We would also be interested in automation features, such as automatically notifying vendors when their i nsurance documents are expiring and allowing the vendor to upload updated insurance documentation. Does your solution have an Agreement Management module? If so, please describe it and provide line -item pricing.

CDI has built a contracts management solution utilizing Laserfiche. You can get an overview of it on our YouTube channel here: https://www.youtube.com/watch?v=W01WfgoBe34. The solution can be customized to your specific needs. CDI can configure the solution to send automatic email notifications to vendors and by deploying the Forms Portal, allow for uploads.
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The solution does require additional Laserfiche components such as Forms Professional and the Forms Portal.

It can also be enhanced with our Laserfiche and DocuSign integration. Pricing for these components is in the Pricing section of the RFP response below.

11. An unbreakable audit trail is required for accountability. Describe how your system provides an enforceable chain of custody (i.e., what the record said at a particular point in time, how its content evolved to that point, and who was involved with it).

Yes, Laserfiche features audit trail capability. CDI is proposing the Laserfiche Advanced Audit Trail as it is required to be used with the also included Laserfiche Records Management module. Information regarding audit trail capabilities in Laserfiche is in the following Product Descriptions section below.

12. Advanced scanning features such as: image enhancement, OCR, viewing, annotation, printing, and storing images for both black-and-white and color pages, barcode and patch code recognition for automatic document separation when processing large numbers of documents.

Yes, everything required is supported in Laserfiche and enhanced with the included Laserfiche Quick Fields module. Laserfiche Quick Fields is the advanced batch capture platform. Information regard ing Quick Fields is in the following Product Descriptions section below.

13. Ability to customize search results, including the ability to resize columns .

Yes, Laserfiche allows end-users to customize search results in both the client application and web interface.

14. Ability to use “Sticky indexes” during batch imports, allowing the user to enter index fields once per batch and those values “stick” when moving to the next document. Fields that need to be changed per documents can be changed.

Yes, this is available in the Laserfiche Quick Fields module and also in the basic Laserfiche scanning/import interface.

15. Ability to export search results in a tabular format to csv.

Yes, Laserfiche allows for the export of search results in a tabular format to CSV.

16. Ability to send secured links to documents directly to team members, partners, suppliers, or customers. File security is maintained as only authorized users can retrieve the file by using the link.

Yes, CDI is proposing the Laserfiche Direct Share module to meet this requirement. Laserfiche Direct Share lets you share content from the Laserfiche repository with external users through the web client or mobile app.

When you send documents through Direct Share, the recipient will receive a unique and anonymous URL they can use to access the files for a limited period of time. You can add a password, and specify the number of days until the URL expires. The sender will receive notifications when the content was viewed, and they or a repository administrator can see the status of who shared it, with whom, and if and when it was accessed.

17. Ability to export content in a non-proprietary format, which contains both the document and the index values.

Yes, Laserfiche doesn’t use any proprietary file storage formats. Laserfiche uses M icrosoft SQL to house the metadata.

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18. Vendor is required to provide customer service with phone, email and web support. A ticket tracking system that is accessible to users is also required.

Yes, CDI includes unlimited phone, email, and remote support as standard. CDI offers a customer facing portal that features tracking of support tickets for end-users. More information regarding support is in the Maintenance and Support section below.

19. Other features that we are not currently using but would like included in optional pricing line items include:
a. Workflow – Laserfiche includes Workflow as a core feature. Configuration and build -out of Workflow needs to be scoped in full detail before accurate professional services pricing can be provided. b. Conversion to PDF-A – Laserfiche can store PDF-A documents. c. Redaction – Laserfiche includes redaction capability as a core feature. Auto-redactions are also possible to setup by utilizing Laserfiche Workflow.
d. Electronic Forms – Laserfiche includes Forms Essentials as a core feature. Configuration and build -out of Forms needs to be scoped in full detail before accurate professional services pricing can be provided. e. API – Laserfiche feature two optional modules, the SDK and Laserfiche Connectors, for integrations.

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24 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Product Descriptions
CDI is proposing the Laserfiche Rio enterprise platform. Laserfiche Rio offers a few notable benefits to the City. Namely, the City will be able to deploy an unlimited amount of Laserfiche repositories and multiple Laserfiche servers for development, testing, backup, etc. Additionally, the City requires support for Azure AD for authentication. Azure AD is available on the Rio platform. Finally, the City requires a solution to be able to send secured links to share documents with third parties. Laserfiche Direct Share meets this requirement and is available on Laserfiche Rio. Direct Share is also available on Laserfiche Subscription and Cloud options.

Laserfiche Rio includes:
• Unlimited Laserfiche Servers and Repositories
• Laserfiche Workflow
• Laserfiche Forms Essentials
• Laserfiche Mobile App
• Laserfiche Web Client
• Laserfiche Advanced Audit Trail
• Laserfiche Snapshot
• Laserfiche Integration with Microsoft Office and Microsoft SharePoint • Web Administration Console
• Laserfiche Digital Signatures
The Laserfiche Rio solution is a turnkey system designed to meet the project goals of City of Foster City. All the document imaging and management solution components were developed by Laserfiche and are designed specifically to work together. Maintenance and version upgrades are simplified significantly because new releases are inherently compatible with all system components.

All products share a user-oriented design philosophy that results in interfaces that are easy to understand and use.

System users performing multiple tasks will be able to move seamlessly between applications because they work the same way. All hardcopy manuals and online help files follow the same format and use the same vocabulary, making the entire solution much easier to learn and navigate.

From the Enterprise Level
With the universal information support of Laserfiche Rio at the core of your enterprise document management and imaging infrastructure, you benefit from a comprehensive information management system that integrates b oth electronic and paper documents, as well as legacy information and information from mission critical applications, into enterprise-wide business processes.

Laserfiche Rio is a unified solution designed to address complex business requirements, based on over thirty years of experience working with organizations to solve their most complicated problems.

One Product, Countless Solutions
The flexibility of the Laserfiche Rio platform’s modular set of solutions enables you to create exactly the system to solve your organization’s most critical problems. The Laserfiche product suite is designed for interoperability and scalability, ensuring your needs are met without compromising efficiency, security or technical workability. With Laserfiche Rio, you work the way you always have—but better. With powerful functionality that improves the efficiency of your existing processes, you get the all the benefits of increased productivity without the burden of learning a new way to work.

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25 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support From the IT Perspective
It is crucial that a document management solution not create problems for IT, even as it solves them for users. The Laserfiche Rio system provides the complete solution you need to manage your enterprise document management infrastructure, without increasing IT budgets, support requirements or workload.

The Laserfiche Rio product suite is easily deployed, easily managed, easily customized and easily integrated, with support for Microsoft® database platforms. Quick deployment means that your solution is up a nd running in days instead of months. Scalability means that your solution can grow as your organization does —Laserfiche easily accommodates both an increasing number of users and high-volume repository growth.

With open architecture and non-proprietary format, the tools you need to speed system integration and support for custom application development, Laserfiche fits smoothly into your existing networked environment without a major investment of programming time.

With the addition of Laserfiche to your enterprise information management infrastructure, you provide a complete enterprise document management solution while reliably managing your processes and guaranteeing security, without increasing IT workload.

From the Records Manager View
Integrating records management into your daily routine is often more complicated than you would like it to be. How do you encourage proper, standardized, consistent filing procedures without creating more work for both you and your staff?

With the included Records Management Edition, you have the peace of mind of a DoD 5015.2 -certified solution and the ease of a fully-integrated records management and enterprise document management system. Transparent records management tools mean that records management no longer interferes with your line -of-business.

Take advantage of total life cycle management—run reports detailing where records are in their life cycle and which records are eligible for transfer, accession or destruction. Additionally, all system activity is logged, providing an audit trail that can be used to prove adherence to the records management plan and adherence to compliance regulations.

Take advantage of all the tools you need to design and implement a file plan for the management of all imaged, electronic and physical records. With the strength of the Laserfiche Rio Records Management Edition, your records program becomes a strategic asset to your organization.

From the User View
Your staff may have the skills, but do they have the tools that deliver information, simplify their repetitive tasks and help them rise beyond daily demands to greater heights of productivity and efficiency?

With Laserfiche Rio, they do. Following familiar Microsoft Windows® conventions, Laserfiche adapts to existing procedures rather than requiring extensive training, meaning that new users get up to spee d quickly. If they know Windows, they can use Laserfiche.

With Laserfiche’s Intelligent Search functionality, full-text, index and other precision searches reduce time lost on hardcopy file retrieval. Digital files make it simple for your staff to share information and work more effectively together. And with Workflow functionality, you can simplify business processes to help your staff spend time on productive activities, instead of labor-intensive document handling processes.

Give your staff the tools they need to make a strategic impact on your organization. With the Laserfiche Rio system, you enable your staff to use their skills strategically and intelligently.

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26 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Solution Overview
The proposed Laserfiche Rio solution is a carefully conceived suite of applications configured to provide the functionality and benefits desired by the City. The solution should be seen as a group of flexible tools that make it easy to address the organization’s needs in ways that other solutions cannot. As off-the-shelf software with a design focus on enterprise content management needs, the proposed solution can be rapidly implemented and configured with very little customization. Laserfiche utilizes non-proprietary file formats and an open, flexible architecture. The logical table structure of the back-end database makes data sharing with other applications very straightforward.

The proposed Laserfiche Rio Solution includes:

Laserfiche Rio Records Management Edition (RME) Server with 25 full user licenses Laserfiche Pilot Weblink Public Portal with 25 concurrent read-only licenses Laserfiche Advanced Audit Trail
Laserfiche Snapshot
Laserfiche E-mail Plug-in
Laserfiche Workflow
Laserfiche Web Access
Laserfiche Import Agent
Laserfiche Quick Fields Capture
Laserfiche Direct Share
Laserfiche Forms Essentials

Options for Laserfiche Rio:

Laserfiche SDK (Software Development Kit)
Laserfiche Connector
Laserfiche Forms Portal
Laserfiche Forms Professional

Core Functionality in Laserfiche Rio
Laserfiche Rio provides a complete solution based on your specific requirements. The Laserfiche engine provides comprehensive enterprise document management functionality such as ad -hoc and batch scanning with advanced image enhancement, OCR and full-text indexing, version control, and disaster recovery management.

Laserfiche employs a nested folder structure for document organization that follows the functional standard of Windows Explorer, making the system usable immediately. Laserfiche provides powerful search capabilities that allow users to locate documents (or folders) based on content, metadata, location, sticky note contents, and a variety of other properties. Search types can be combined to create detailed reports that can be saved for future use. Laserfiche is very Microsoft-aware, allowing users to send documents directly to Laserfiche from Office applications or from Windows. Additionally, Laserfiche provides automatic indexing of emails and attachments using properties such as subject, author and date sent from Outlook.

Laserfiche allows records managers or departmental supervisors to design the structure of the repository to fit their file plans and to ensure documents are filed and indexed properly. Indexing schemas are user-defined and can include more than 1,000 metadata fields per template. Users can be forced to provide critical data when filing documents by making fields required. Field constraints can be used to make sure data is entered in t he proper format.

Increasingly-strict regulations continue to drive up record storage costs and impose time -sensitive retrieval burdens.

Laserfiche provides the tools you need to comply with the crucial regulations that impact your business while simultaneously reducing compliance costs. Ensure proper records retention with a flexible technology platform that accommodates SEC, FINRA, Sarbanes-Oxley, HIPAA and other rules. Comprehensive security controls leave you in control, no matter how demanding your regulatory environment.

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27 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Comprehensive Search Functionality
• Make searching more fluid and automatic with fully-integrated text extraction from all documents in your repository—such as imaged documents, electronic documents including Adobe® PDF and Micr osoft Office® documents, and other binary files.
• Benefit from a multitude of powerful search methodologies, including full -text, metadata, annotation or folder/file tree search.
• Use bolded lines of context to find exactly the information you are looking for, without searching through pages of a single document or opening multiple documents. • Search through spelling variations or misread OCR text with “fuzzy logic” tools. • Save and load common searches.
• Copy text, pages or even entire documents from the Search Results pane. • Speed searching through the repository with a “quick search” button from your toolbar.

Easy-to-Manage Metadata
• Assign a single field definition to multiple templates. • Apply individual fields specifically to a document, regardless of template. • Use new field types—binary, time and number, which supports both fixed integer and decimal values —to index your information more accurately.
• Store multiple values in a single field and search on any value independently with multi -value fields. • Make categorization easy with customizable drop-down menus. • Secure templates—both the definitions and the values assigned to entries—to eliminate tampering.

Advanced Annotation Features
• Add drawings, handwritten notes or signatures to your documents with freehand pencil annotation tools. • Apply full-color images to documents with image annotations. • Use textbox and sticky note annotations to add text to scanned images. • Link electronic documents to information on the scanned image with attachme nt annotations. • Store personal stamps on the server, enabling access for users even if they are logging in from a different client or over the Web.
• Utilize sticky note history to view past revisions, track time and date of previous modifications and review previous modifiers.
• Flag individual annotations as “protected,” preventing modification or deletion by anyone but the user who created the annotation.
• Secure information with private annotations, which are only visible to the person who created them. • Rely on blackout and whiteout redactions to protect secure information from unauthorized viewers, encrypting both the image and associated text.

Tight Integration with Microsoft Office Applications
• File electronic documents directly from Microsoft Office applications with a “Send to Laserfiche” feature. • Save and open documents in your Laserfiche repository from Microsoft Office applications. • Browse your Laserfiche repository from Windows Explorer, saving or opening files exactly like on your desktop.
• Send e-mails directly to the Laserfiche repository from Microsoft Outlook®. • Auto-populate metadata for imported Microsoft Outlook e-mails. • Archive electronic documents as TIFF images directly from Microsoft and other third -party applications with the Snapshot plug-in.
• Add shortcuts to launch popular Microsoft applications directly from the Laserfiche interface.

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The Laserfiche access control system provides fine control of user actions within the repository and what level of information they can access. Users can be authenticated to Laserfiche through username and password or through Windows Authentication. Laserfiche provides the ability to assign security rights to Windows users and/or groups through integration with Active Directory. To make security rights management most efficient, it is recommended that security profiles be created at the group level and all groups be tied to Windows groups through Active Directory. This strategy will automatically provide appropriate access to new users who are added to the domain and will remove access from users as soon as their network login is deactivated.

Laserfiche security can be divided into Feature Rights, Access Rights, privileges and tags. Feature rights make up the actions a user can take as part of their global security profiles, while Access Rights allow those actions to be fine tuned based on the type of object to which rights are assigned. Access Rights control user access to folder structures, documents, document annotations, volumes and metadata. Permissions provide the ability to distribute administrative functions without providing system-administrator level access. For example, the network administrator can be given the ability to create user accounts and assign access ri ghts, but not be able to open any documents in the system. Security tags are a way of dynamically assigning security to documents. Tags are user definable and represent the sensitivity level of the documents to which they are assigned. The access level of users is determined by the tags to which they have been granted access. For example, if a document has been assigned a “Subpoenaed Record” tag, a user without access to the “Subpoenaed Record” tag cannot view the document even if they have rights to th e location where the document is stored.

Laserfiche security has undergone rigorous testing and has been proven in the field. Laserfiche is trusted to protect the records of the most security-conscious organizations in the world, including all five branches of the military, the US Treasury Department, CIA and FBI. We are confident that the comprehensive security options provided by Laserfiche will meet the specific needs of the City.

Superior Security Features
• Assign access directly to Windows groups, defining rights by user, group or both. • Specify depth of access in the file tree—for example, to a general folder, but not to its subfolders. • Secure repository content by folder or volume and restrict access to metadata or annotations. • Define and restrict access to records with security tags. • Audit all interactions with the document repository or specify events to be recorded per group or user. • Require users to submit reasons for printing, e-mailing and exporting documents, as well as enforce the application of watermarks to authenticate printed documents, with comprehensive Audit Trail functionality. • Randomly generate passwords for newly created accounts or lockout user accounts from login after a specified number of failed attempts or a period of inactivity.

Laserfiche Snapshot
Laserfiche Snapshot converts electronic files into durable TIFF images and imports them into your Laserfiche repository. From Microsoft Word documents and Excel spreadsheets to PDF files and CAD maps, Snapshot makes it easy to securely archive all your electronic documents. Using Laserfiche’s security tools, the City will be able to prevent users from modifying or deleting these images – a key component of regulatory compliance. The City will also be able to add annotations and redact sensitive information. Most importantly the City can store its documents in a standard, non-proprietary format, which guarantees future accessibility while simplifying storage and retrieval.

Laserfiche E-mail
The Laserfiche E-mail feature enables authorized users to send archived documents from the repository quickly and easily. When a records request arrives from a remote office, for example, the E -mail Plug-in, coupled with Laserfiche's Intelligent Search, allows an instant response. Users simply retrieve the document, specify relevant pages and send.

Recipients need not be Laserfiche users. The E-mail Plug-in supports a variety of standard formats, including searchable PDFs. Images can then be viewed with standard desktop accessor ies.

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The Laserfiche Workflow Suite can be utilized to customize approval workflows for each department. Workflow rules are designed though a graphical interface and the end result looks like a flowchart with defined steps in the proce ss.

Participating in the workflow process is simple, as users are notified via email when they have a task to complete.

Additionally, email notifications can include hyperlinks to documents requiring approval, which makes the system extremely easy to use for departments not implementing the enterprise content management solution. Instead of learning how to search and retrieve documents from an application they rarely use, they will simply click on links in emails they receive automatically.

Powerful Workflow Functionality
• Design simple or complex workflow routing rules on a graphical canvas, choosing from a broad palette of workflow actions.
• Maintain integrity of documents routed by Workflow, given that they never leave the repository. • Assign field values or annotations and change security access to repository documents from a workflow. • Specify search criteria for locating a repository document that should be processed by a workflow. • Specify routing to groups, task and notification escalation, serial or parallel routing, and conditional loops. • Use Windows Workflow Foundation™ activities to extend Workflow functionality to all line -of-business applications.
• Benefit from the Laserfiche community’s shared workflow rules and custom actions, available for download from the Code Library.

Laserfiche Web Access
Web Access is a web-based interface that provides enterprise content management and workflow capabilities through a web browser or the Android or iOS Laserfiche app. Implementing Web Access eliminat es the need to install, maintain or support software at the workstation level. Additionally, web-based access provides secure, anytime-anywhere documentation availability. Web Access is a true thin-client application that does not require any ActiveX or Java Applet downloads.

Laserfiche Rio Records Management Edition (RME)
Records management systems simplify the life cycle management of business records. A records management system supports the automatic enforcement of consistent, organization -wide records policies and reduces the cost of regulatory compliance.

Fortunately, there is a records management standard that has emerged as the de facto standard across most industries. The United States Department of Defense (DoD) developed a records management standard, DoD Standard 5015.2, as a requirement for records management applications implemented within its departments which Laserfiche meets.

Unlike other requirements, the DoD developed very specific criteria, as well as a formal testing process to de termine whether a records management application meets the standard. Because of the formal testing process and the strictness of the requirements, organizations outside of the DoD have used the 5015.2 standard as a starting point for evaluating records management applications for their own use. Knowing that a DoD -certified application has been rigorously tested against a standard that is much more demanding than the regulations they must comply with provides a great deal of comfort to compliance officers and records managers.

A configurable solution tailors security to suit requirements. In Laserfiche, records managers can give users customized access rights according to their needs. This technological enforcement keeps unauthorized users from gaining accidental or malicious access to private, confidential records. Unification also allows for consistent, total life cycle management and continuous control of records security.

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30 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Laserfiche Records Management Edition (RME) unites document management and DoD 5015.2-certified records management to increase your information’s availability while preserving its integrity. Transparent records management tools make it easy to extend your records policies enterprise-wide, without disrupting the way your organization runs.

• Enforce enterprise-wide records policies, regardless of your records’ format, location or content, and without additional staff training.
• Create records from documents already under management. • Search for records according to status or location.
• Automate life cycle management from document creation to final disposition. • Run reports detailing where records are in their life cycle and which records are eligible for transfer, accession or destruction.
• Log all system activity, providing an audit trail that can be used to prove adherence to your records management plan and compliance with regulations.
• Ensure the future accessibility of your archived records with storage in non -proprietary TIFF file format. • Safeguard records with comprehensive access controls. • Simplify business continuity planning by centralizing your organization’s information. • Reduce litigation risks associated with expired and outdated records. • Respond to e-discovery orders quickly and confidently. • Instantly provide large numbers of records to auditors, without trips to the records room or off -site storage facilities.

By integrating records management functionality with the Laserfiche digital document management platform, RME makes it simple to manage all your enterprise documents and records-including scanned paper, electronic documents, e-mail, digital audio and video files, photographs and physical records-from a single application.

The Laserfiche product suite provides many ways to extend your records management program a cross your organization. Staff can use the Microsoft Windows-based Laserfiche Client or the Web-based Laserfiche Web Access thin client to upload or scan documents into record series, without requiring training in records management.

RME interfaces seamlessly with the entire Laserfiche product suite, so your records management program also supports business process management, production-level document capture and optical media archiving-while integrating with the primary applications your staff use every day.

Laserfiche Quick Fields Capture Suite – licensed per desktop Quick Fields is the capture platform developed specifically for Laserfiche. Quick Fields can be used to capture, process, index and file scanned documents. Because Quick Fields is part of the Laserfiche product suite, it can actually extract documents from the repository, allowing the City to distribute scanning, but centralize processing. Additionally, Quick Fields can be configured to dynamically build the file folder structure of the City’s repository and set document level security when appropriate.

In addition to scanning and processing images, Quick Fields provides a great deal of functionality that will prove useful to the City as the system is expanded. Furthermore, Quick Fields will be utilized to convert documents in legacy systems, if needed. Using data from the legacy database, Quick fields will be configured to name, index and file documents based on the existing system or following a different schema as appropriate.

Quick Fields features include Zone OCR, Real Time Lookup to another Database, Bar Code Recognition, Pattern Matching, Forms Recognition, Forms Identification, Forms Extractor, Document Classification, Forms Alignment, Optical Mark Recognition, Bates Numbering, Permanent Stamp/Annotation and Agent to run batches automatical ly.

Please Note: There are no “per-click” or volume-based charges associated with the use of the Quick Field Capture solution. You can process millions of documents and not incur extra charges. 179
31 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Laserfiche Import Agent
Many organizations own multifunction peripherals, fax servers and other devices that generate electronic files and store them in either a local or network folder. You can use Laserfiche Import Agent to monitor this folder and automatically bring files into your document repository, either th roughout the day or at specified time intervals. This automation frees staff to focus on more productive activities—and ensures they’ll have ready access to the information they need to do their jobs most effectively.

Laserfiche Weblink Public Portal – Pilot version proposed Laserfiche Weblink is a Read Only secure Web-publishing tool that distributes information while keeping it safe.

Weblink easily & securely allows documents to be retrieved by the people who need them via intranet or the internet.

Platform and browser independence allows users to view documents in a wide variety of internet browsers, operating systems and hardware. Publishing documents to the web is as easy as dropping documents into a Laserfiche folder.

Users can be required to login, limiting their access to only the documents they have rights to view.

Laserfiche Direct Share
Laserfiche Direct Share lets you share content from the Laserfiche repository with external users through the web client or mobile app. When you send documents through Direct Share, the recipient will receive a unique and anonymous URL they can use to access the files for a limited period of time. You can add a password, and specify the number of days until the URL expires. The sender will receive notifications when the content was viewed, and they or a repository administrator can see the status of who shared it, with whom, and if and when it was accessed.

Laserfiche Forms – Essentials version included
Laserfiche Forms is a Web application that enables you to capture and work with information via Web-based forms. In Laserfiche Forms, forms are created within business processes that dictate how the collected information is routed and worked with. In general terms, a business process is a collection of activiti es, events, and decisions that produces a service or product for an organization. In many organizations, employees must submit expense reports to be reimbursed for purchases they made while working for the company. Submitting an expense report is the first step in a larger process in which that information is routed to one or more managers for approval before the process ends with the worker’s request being approved or denied. In Laserfiche Forms, you can create an electronic version of this and other form-based business processes.

Laserfiche Forms allows you to:
• Capture and work with information in Web-based forms
• Use public forms to extend participation to users beyond your organization • Integrate with Workflow for processing outside of Laserfiche Forms • Send e-mail notifications to participants
• Save submitted forms to your Laserfiche repository

When you log in to Laserfiche Forms, you will see the Home page, where you can quickly access the pages that will let you start a business process, submit a form, perform the tasks assigned to you in a process, view the processes you’ve started, and manage business processes. In addition, through the navigation choices on the title bar, you can access the help files and system security settings and log out.

Laserfiche Audit Trail – Advanced version included
Security is no longer simply a matter of creating an impenetrable system that no one can break into. While that deals with threats from outside your organization, it doesn’t manage misuse from within. You need to create boundaries and track when someone tries to step outside of them. And with the security control s of the Laserfiche system, combined with the tracking and reporting capabilities of Audit Trail, you have the tools you need to both create and enforce boundaries for everyone within your organization.

By constantly monitoring and recording events that occur in your document repository, Laserfiche Audit Trail helps you protect information from misuse. Audit Trail enables you to regularly review user activity, assess the effectiveness of 180
32 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support internal control mechanisms and demonstrate regulatory compliance. It readily fits into your existing IT infrastructure, providing you with a detailed view of enterprise business processes —without creating additional work for your IT department.

With Audit Trail, you can:
• Track almost any user action, from login and logout to creating, modifying, printing and deleting documents. • Create detailed reports, which you can easily filter, sort and graph to identify trends and isolate behavior patterns.
• Expedite audits by producing reports listing all the actions taken on a particu lar document or record. • Meet diverse business needs with three modules that monitor varying events in the Laserfiche repository.

The Starter Edition tracks basic events in the repository that involve accessing, modifying or exporting data. Basic events include:
• Login and logout.
• Creating, editing, printing or deleting documents.
• Creating, editing or deleting templates, fields and annotations. • Adding security tags.
• Exporting documents, volumes or briefcases.
• Sending document to the Recycle Bin.

The Standard Edition builds on the Started Edition by tracking additional events:

• Granting or revoking login rights for Windows accounts. • Adding or removing users from Laserfiche groups.

The Advanced Edition meets the needs of organizations in the most hi ghly regulated industries. It includes all the functionality of the other two editions, and tracks the following events as well:

• Modifications to access rights.
• Modifications to repository-wide settings.
• The creation, modification or deletion of users and groups. • Password changes.

It can also track all searches users perform, require users to enter reasons for performing specific actions, and automatically add watermarks to printed or exported documents.

Optional Components:

Laserfiche Connector
Laserfiche Connector is one optional component that can utilized for integrations with third-party applications.

Laserfiche Connector provides a streamlined experience for integrating Laserfiche with line of business applications such as Customer Relationship Management (CRM) and Enterprise Resource Planning (ERP) systems. Laserfiche Connector integrates easily through user-defined hotkeys and embedded buttons.

Laserfiche Connector lets you:
• Search the Laserfiche repository based on fields from third-party applications such as CRM and ERP systems.

Both basic and advanced searching are supported. If only one result is found, the document will automatically 181
33 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support open in the Laserfiche Windows client, the Laserfiche web client, or Laserfiche WebLink. Additionally, search results can be displayed in a window docked to the third-party application. • Assign templates and field values to search results. The fields can be populated with data directly gathered from third-party applications.
• Launch Laserfiche Scanning and automatically populate metadata for the scanned documents with information from third-party applications.
• Import documents into the Laserfiche Windows client or Laserfiche web client and assign them paths, names, templates, and field values, all based on information in third-party applications. • Pass information to and run a workflow or Laserfiche Workflow business process. You can run the workflow or process either after a profile action completes or automatically on search results or an open documen t. • Take a screenshot of a web page or application and save that image, with accompanying metadata, to a Laserfiche repository.
• Get information from one or more applications and insert (write) that information into another application. • Connect multiple applications by allowing one of them to start the other (including the ability to pass parameters between them).
• Open a website directly from a third-party application. • Choose to activate these actions from a command line, a keyboard shortcut, and/or an embedd ed, customizable button in the application.

Laserfiche SDK
The SDK (Software Development Kit) allows your organization to more effectively put content to use by integrating Laserfiche with third party applications. Custom solutions can be created using an y language with COM support, which means Web sites, scripts, Windows applications, or anything else compatible with COM libraries, including all .NET languages, can easily communicate with the Laserfiche Server. The SDK comes with detailed documentation th at includes tutorials and sample source code in C# and Visual Basic .NET.

To promote fast distribution, the SDK also includes pre-built merge modules, which can be used to create installation packages that contain both your custom code and the relevant SD K components. The Laserfiche Code Library offers software developers a chance to collaborate online by sharing their SDK scripts and applications. New SDK users can view the available source code in the library to familiarize themselves with the API, or even to extend another developer’s work.

We have a great deal of experience integrating database-driven applications with Laserfiche. The appropriate metadata can be extracted to a file or separate database, and Laserfiche Quick Fields can be utilized to import the files, look up the appropriate metadata based on key fields, and index and file documents as desired.

The City may elect to utilize the ImageEnable component of the SDK for integration with other systems. This would be utilized to link particular key fields in those applications to documents in the repository, allowing users to select a field and retrieve related documents with the click of a button – while remaining in the user’s native application.

CDI/Laserfiche ArcGIS Integration
▪ Easily interact between the ArcGIS interface and a Laserfiche repository. ▪ Users can upload documents to Laserfiche straight from the ArcGIS interface and view any related documents already stored in Laserfiche.
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34 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support ▪ They dynamic ArcGIS map will au to-populate, indicating which feature on the map have associated documents in Laserfiche.
▪ Laserfiche files are viewable for display by generating a URL through either Laserfiche Web Access or Weblink.
▪ Files are uploaded and imported into Laserfiche automatically applying template data based on widget settings.
▪ Feature layer documents can be stored in a separate database so that the map data loads quickly. ▪ A user can select the feature layers and fields to map to Laserfiche so that they can determine whi ch metadata will be populated on the document.
▪ ArcGIS is used by firms to improve planning and analysis, operational awareness, field data collection, asset management and community engagements.

Sample screenshots of the CDI Laserfiche and ArcGIS integration

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36 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support CDI/Laserfiche DocuSign Integration
CDI is able to offer a secure digital signature solution with our DocuSign integration, This integration can function as a stand-alone Laserfiche integration for requesting digital signatures directly out of the Laserfiche document repository or be implemented into a Laserfiche electronic forms workflow process. This can be very useful for any Ci ty forms that require a secure signature from an outside party.

Sample screenshots of the CDI Laserfiche and DocuSign integration

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CDI offers many additional integration possibilities with Laserfiche. The following link highlights some of the available integrations
https://www.cdi.support/laserfiche-integrations.

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38 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Scope Management
CDI has a proven approach to managing projects that has been built over many years. The methods are centered on key PMBOK principles that include management of project scope, communication, schedule, costs, risks, and quality.

To maintain consistency in our approach, we leverage Laserfiche and other tools to manage projects.

At the onset of a project, project management develops a project plan and statement of work that outlines project goals, deliverables, schedules, assumptions, exceptions, and costs that are reviewed and approved by CDI leadership. Once an internal agreement of a project plan is attained, the plan is reviewed by CDI’s clients to attain agreement of the plan to ensure there is a clear vision for how the project will progr ess.

CDI starts projects with a kickoff meeting to ensure stakeholders and members of the project team have a clear vision for the project and how it will be managed. During this meeting, CDI presents its approach to the team structure, the project goals, how the project will be managed, how communications will be maintained through the life of the project and how the scope of the project is managed. CDI understands that different organizations manage communications in various ways and is open to adapting their approach to meet the clients’ needs. However, we also believe that a structured approach to key project communications is needed to achieve success. CDI’s project management team will convene regular project meetings to review the project tasks, schedule, issues, and the hours consumed. Following the meeting, the project manager will provide minutes of the meeting to team members and stakeholders .

To ensure that the end solution meets the clients’ expectations, requirements are established and documented before configuration and development commences. The requirements that are defined, provide the directions for creation of the solution as well as the foundation for how it is tested upon completion and during client solution acceptance. CDI also understand that Laserfiche might be new to an organization and its capabilities may not be completely understood at the onset of a project and is open to modifying requirements as the project progre sses to ensure that customers get the most out of the solutions that is deployed. In some cases, changes to requirements will constitute a change in project scope and a scope change request will be submitted to CDI leadership and project stakeholders to at tain approval before the new requirements are pursued by the project team.

In the event that a clients’ expectations are not being met, the project manager will document the issue and work with the team to resolve it, provided it can be resolved without a change in scope. If a scope change is needed the issue will be escalate to CDI leadership and project stakeholders. CDI’s team has a great deal of pride in the satisfaction that we deliver and will make every reasonable effort to attain that satisfactio n.

CDI’s leadership team remains actively involved in active projects on a regular basis. On a weekly basis the project managers meet with the Director of Consulting and Development to review all projects they are managing. During this review, the Director provides direction and support to ensure the projects remains on track.

CDI understands that projects come in various sizes and levels of complexity. Projects can range from a few hours to thousands of hours and can utilize standard product feature or require significant custom development. With this in mind, CDI believes that the scope of project management needs to mirror the scope of the project. We do not want to burden a small project with excessive overhead that will drive up costs.

CDI’s success has been built on maintaining open and consistent communication with their clients across all project metrics, Scope, Time, Cost and Quality.

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39 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Methodology
Implementation and Testing
The following is high-level overview of the implementation process.

CDI Consultants will work with the City of Foster City project manager to provide tools and assistance that will help during the implementation period. In addition to scheduled progress reports, real -time updates can be provided to the City’s staff upon request. As previously noted, CDI will be the sole point of contact and provider for all aspects of City of Foster City’s Laserfiche implementation.

The following represents the general steps taken to implement and deploy the Laserfiche solution.

1. Planning and Consulting Meeting
The initial meeting after City of Foster City’s Contract Award will be for planning and consulting. This meeting will require time from the key decision maker and staff to determine how the software will be used, identify key res ources and contacts, and set timelines. Deliverables for this meeting will include an overall implementation strategy, implementation plan, and project timeline.

2. Software and Hardware Order
Upon receiving a PO for the software, CDI will order the products. This process takes five business days to complete and will begin immediately after the PO is received.

3. Assemble Project Management Team
With all implementations, CDI carefully assembles a project management team. Considerations are made for t he assemblage of personnel that comprise the team, so that the highest degree of expertise, relative to the project, is readily available.

4. Initial Documentation
CDI staff will meet with the City’s key departmental contacts that will administer and support the Laserfiche software.

Our staff will consult with City staff to develop policies and procedures that will best meet the business needs and adhere to best practices for document management.

5. Software Installation/Pilot User Training and Testing The software will be installed on target test computers at the City. Training may include configuration of some system components if configuration was not completed by CDI installation personnel. When configuration is complete, pilot users will test policies and procedures. During testing, CDI staff will be available for consultation and guidance on the setup and making adjustments to settings.

6. Conversion
CDI will perform the conversion of the data residing in the City’s DocuPhase document management system. The data will be migrated to Laserfiche. The following is an outline of our conversion process:

Design
Conduct Review of Legacy Documents Import
Acquire Legacy Exports for Development
Develop SOW for Import
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40 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Review SOW with Client & Development
Approve SOW
Development
Develop Conversion
Deploy Associated Workflows
Conduct Trial Run of Conversion & Review
Schedule Full Conversion
Execute Conversion
Run Conversion App
Review Conversion Results w/ Client & Development
Formal Acceptance of Conversion by Client

7. All Other Training
When testing has been completed, and policies and procedures are in place, all other users may be trained on how to use the system. Training will include full users and retrieval only users.

Project schedule with milestones, including deliverables, meetings, decision and approval points, and actions to be completed by both vendor and the City will be created during the initial engagement.

Quality Assurance Approach
CDI has found specific risks regarding Laserfiche implementations. They are:
• Goals misaligned with product features
• Client project team technical skills
• Client project team SME knowledge
• Ownership of solution internally
• Staff turnover

In order to alleviate these risks, our risk matrix is part of every implementation project plan we create. Furthermore, we are actively monitoring for those risks and taking mitigation actions should an issue arise.

The activities most likely to result in overrun are planning, conversions, and int egrations. CDI tries to minimize over- runs through clear initial expectations, weekly check-in meetings, and frequent communication.

Create project plans, documentation and reporting
CDI’s Project Managers will work with City staff to create a comprehensive project plan. A well-thought-out plan with work packages and milestones is essential but if you don’t have anyone scheduling, following up and focused on making sure employees on both sides are prepared for meetings and confirmed, you can run into probl ems. At CDI, we also have a project coordinator who schedules all appointments for the consulting team and the client’s designated attendees. This has been tremendously helpful in ensuring meeting attendance and keeping projects on schedule.

Ongoing weekly reporting is generated automatically from CDI’s CRM with all meeting notes and time tracking.

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CDI fully understands the major components of the deliverables for the project, its milestones, and its deadlines. The City is expected to award the contract on May 16, 2022. The project is to be initiated shortly after. CDI estimates 60 days to complete the initial phase of the project. The initial phase includes:

1. Installation and deployment of Laserfiche in the City Clerk and Community Development departments.

2. Deployment of the Laserfiche Records Management Module with applicable City of Foster City retention schedules.

3. Deployment of the Laserfiche Weblink Public Portal for internal and public read -only access.

4. Conversion and migration of 650GB of data from DocuPhase to Laserfiche.

5. Provide Admin, IT and End User training.

Any workflows, electronic forms, and business process automation will need to be scoped out and may affect the implementation timeline.

CDI is well staffed to carry out many of the project tasks concurrently. For example, out Development team can work on the conversion while our Consulting team is implementing Laserfiche throughout the City’s departments.

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42 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Project Plan
A sample project plan is included so that our methods may be reviewed. Our Consulting team will develop a project plan before commencement of work.

Throughout the project, we use the following methods and steps to control and measure progress and outcomes:

Project Management/Analysis:
• Formalize Projects
• Requirements Analysis / Gap Analysis
• Link Work Tasks to Requirements
• Outline Deliverables & Acceptance
• Use Agile Methodology to Solicit Feedback • Identify Opportunities

Monitoring the Project:
• Weekly Check-in Calls with Project Team
• CRM Tracking of Project Initiatives
• Use tools like MS Project & BaseCamp
• Reporting on Time & Budget

Change Requests & Acceptance:
• Formalized procedures for requesting and assessing change requests 191
43 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support • Formalized Procedures for Acceptance of Deliverables

Client staff can expect to work with our team to provide targeted, relevant support during all phases of the relationship.
• Account Managers
• Consultants (System Architects, Trainers, Project Managers) • Technical Support

The project that is being proposed requires three key resources from the City:

• Records Management Subject Matter Expert (SME)
• IT Resource to provide security access and provision servers/environment • Trainer, local Laserfiche Subject Matter Expert (SME)

CDI will need access to a resource that has local preference expertise as it relates to the records retention request for the City. Additionally, in order to configure the application a local IT resource will need to be made available. Finally, the person responsible for training users, in the preferred train-the-trainer model, will need to be available for the duration of training but we would also recommend they are present for the configuration of the solution and other subjects during the implementation.

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The Laserfiche Annual Maintenance and Support Plan (LSAP) is included with the initial purchase of a Laserfiche system.

This required maintenance contract is renewed on an annual basis.

LSAP Policy:

The initial purchase of a Laserfiche software system also requires purchasing LSAP for each component. LSAP is a software assurance program initiated by Laserfiche to ensure that clients are able to receive regula r product updates and basic software support through their value-added reseller. CDI has developed this policy with regard to services that are included with the purchase of LSAP in order to serve all clients with the utmost accuracy and efficiency.

Services covered in base LSAP costs:
• CDI website access at Support.CitiesDigital.com
• Laserfiche website access at Support.Laserfiche.com & Answers.Laserfiche.com • Monthly Laserfiche User News (email newsletter with information and helpful tech tips) • Educational webinars from Laserfiche and CDI
• Periodic CDI sponsored user groups
• Unlimited CDI telephone and remote support (weekdays, during business hours) 6:00 a.m. - 5:00 p.m. PST • Free access to Laserfiche product updates (does not include installation or training ) Services available on a per unit basis (not included with base LSAP):
• Installation
• Training
• On-site support (available in packaged units by hours) • Custom integrations
• Document conversions
• Product consulting and configuration
• Workflow, Forms and system design
• Software development services
You’ll have access to:
• Rapid-response technical support: CDI will promptly troubleshoot and resolve any issues that arise—before they impact operations or affect staff productivity.
• The latest hotfixes, updates and patches: These critical items ensure that your Laserfiche system continues to operate at peak efficiency.
• New releases: These updates will help you make sure your system stays current, as new releases of your licensed products are included at no additional charge.

Laserfiche major software versions are released approximately annually, with patches and fixes available each quarter.

Clients are informed of the updates through the Laserfiche User News newsletter and are always available online. CDI will perform the upgrades for clients as long as the LSAP remains active. The upgrades are typically performed remotely with assistance from the client’s IT staff.
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45 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support CDI has a separate team specializing in product installation, licensing and technical support. Our Technical Support team is able to provide expert assistance and manage technical support concerns while Consultants can focus on continuing to build, design and work with users.

The CDI Technical Support team tracks all customer cases within Microsoft CRM and follow a routing escalation procedure to ensure your cases are documented, tracked and handled with the proper attention.

Every case created on your account is tracked and a report is sent weekly for your review. Addit ionally, every time a case is closed, we send a survey asking how we did. Our team routinely receives 95 -100% satisfactory resolution responses on a weekly basis.

Another great point of distinction about working with CDI includes our Hands & Eyes service. Last year our team worked hard to implement a service we feel is in-line with the changing landscape in technical support. This allows all our customers with the Laserfiche Software Assurance Plan to call into our support line and receive consulting and training at no additional charge. This is intended for the “How do I…” questions or the “My workflow doesn’t quite work, what am I missing?” questions. Other resellers will charge you per hour just for technical support, let alone product consulting hours. Our team includes this particular service at no additional charge, guiding your users in the use of the software. As your team expands the use of the software and begins taking more charge of the aspects within workflow or forms, we believe that this essential service will help your users to quickly modify and execute new workflows, greatly empowering their use of the system.

Response Time and Definition:

Responses provided within 24 hours of initial report. Most responses and technical troubleshooting will happen within an hour, if not immediately through chat/remote support. Responses consist of diagnosing the problem and if possible, resolving it immediately. If it is not possible to resolve immediately a time will be scheduled to attempt resolution of the problem at the buyer’s convenience.

CDI provides a technical support hotline during weekday and non -holiday business hours 6:00 AM to 5:00 PM Pacific Time. The technical support staff processes assistance telephone calls, emails and remote connections as they arrive. The Support Director assesses difficulty of tasks and assigns cases to the tiered support staff. This process is in place to provide support to our customers based on the impact on their on -going operations.

Non-emergency calls for support are typically responded to within one hours (or less). Critical calls (delay in work or loss of data due to system issues) may be responded to immediately. Support calls may be escalated internally to other technicians as needed.

Support Escalation Procedures:

1. Problem is reported, a support case is opened and documented. The case is resolved over the phone or remotely.

2. If immediate resolution is not possible, problem is reported to second tier support.

3. If there is no existing solution, CDI development will write a script, solution or “work around” to fix the problem. CDI will then implement the solution.

CDI creates technical support cases on behalf of the client with the manufacturer upon diagnosis of the problem if the problem cannot be immediately resolved by CDI.

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All support cases are tracked in a ticketing system. The tracking software assigns incident numbers and the buyer may call and request the status on any support case at any time during work hours or by visiting the client portal.

Training
One aspect that may be unique to CDI is the training. CDI has a dedicated, full -time trainer whose sole responsibility is leading training for clients using Laserfiche. Each training session is planned and is accompanied by a syllabus and training guide which may be customized by the clients. Some clients prefer onsite training day/week others prefer our customized GoToTraining experience with testing.

One thing is for sure, customers love working with our trainer. Frequently we will hear “He was so patient working with me, thank you!” or “We love working with your team, they’ve always got us covered.” Many online videos and subjects exist on the YouTube channel that CDI maintains here:
https://www.youtube.com/user/CitiesDigital
Our trainers also recommend users attending the Laserfiche Empower conference in February 202 3 where 3000 plus attendees meet other users, train in a hands-on training environment and discuss strategies. The Laserfiche Empower conference can be viewed here: https://www.laserfiche.com/conference/ CDI includes free Laserfiche Empower conference tickets for every client.

Training Type Hours Audience Max
Participants
Mode of
Training
Implementation
Timing
Administrator
Training
4 IT and
Application
Admins
No Max GoToMeeting During initial
install/setup
phase
End User Training

8 General
audience for
full function
training on the
Laserfiche
Client and Web
Browser
No Max GoToMeeting During
configuration
phase
Designer Training 4 Advanced User,
creating
Workflows &
Forms
No Max GoToMeeting During build
phase

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Laserfiche Rio Perpetual Licensing – on-premise deployment Annual Breakdown
Year 1 Year 2 Year 3 Year 4
Total Software $53,966.25 - - -
Total Maintenance $17,543.25 $19,492.50 $19,492.50 $19,492.50 Total Services $19,710.00 - - -
*TOTAL
*Tax not included
$91,219.50 $19,492.50 $19,492.50 $19,492.50

Software & Annual Maintenance
Product Software
Quantity
Soft.

Unit Cost
Maint.

Unit Cost
Total
Laserfiche Rio Named Full User 25-49 (ENF20-
25-49)

25.00 $1,035.00 $207.00 $31,050.00
Laserfiche Rio Records Management Edition 25-
49 (ERM-25-49)

25.00 $103.50 $20.70 $3,105.00
Laserfiche Rio Public Portal (PPM25) 1.00 $25,000.0
0 $5,000.00 $30,000.00
Laserfiche Quick Fields Core (QC1) 1.00 $5,000.00 $1,000.00 $6,000.00 Laserfiche Direct Share (EHDS) 1.00 $ .00 $7,500.00 $7,500.00 Laserfiche Import Agent (IA) 1.00 $1,500.00 $300.00 $1,800.00 Software:

Maintenance:

Purchasing Program Discount:

Total:
$59,962.50
$19,492.50
-$7,945.50
$71,509.50

Services
Service Service
Quantity
Service
Unit Cost
Total
Platinum Support Package (80 hours) (CD7000)
Laserfiche installation, configuration, Records Management setup, consulting, and training.

1.00 $14,400.00 $14,400.00
Conversion Service (11111111)
Conversion of 650GB of data in DocuPhase to Laserfiche.

1.00 $7,500.00 $7,500.00
Service:

Purchasing Program Discount:

Total:
$21,900.00
-$2,190.00
$19,710.00

Pricing for Optional Items
• CDI Laserfiche ArcGIS integration - $5,000 for software license and $1,000 for annual maintenance. Plus 40 hours to configure.
• CDI Laserfiche DocuSign integration - $2,000 for software license and $400 for annual maintenance. Plus 20 hours to configure.
• Laserfiche SDK - $2,500 for software license and $750 for annual maintenance. 196
48 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support • Laserfiche Connector – 5% add-on to all Laserfiche Rio Named Full Users. • Forms Professional – 10% add-on to all Laserfiche Rio Named Full Users. • Forms Portal - $7,995 for software license and $1,599 for annual maintenance.

Optional WORM Backup
The pricing is for 1,000GB (1TB). $500/month or $6,000/year.

Service Service
Quantity
Service
Unit Cost
Total
Worm Back-up (Per GB/Month) Write Once Read Many
(CD9950W)

1000.00 $0.50 $500.00
Monthly Service:

Tax:

Monthly Total:
$500.00
$ .00
$500.00

Optional Laserfiche Subscription License
Alternatively, the City may consider Laserfiche Subscription licensing. Laserfiche Subscription licensing offers a lower initial cost of deployment but a higher annual cost over the Laserfiche perpetual license. Both Laserfiche Rio perpetual and Laserfiche Subscription licensing can be deployed on-premise or in CDI’s private cloud environment.

Package Tier - Business

Includes:

Document Management
Import Agent with Email Archiving
Advanced Audit Trail
15 Laserfiche repositories
Unlimited Laserfiche Content Servers
Workflow
Forms Professional
Connector
Enterprise Identity Management
Records Management
Software Development Kit (SDK)
Quick Fields Complete with Agent
WebLink Public Portal
Forms Portal

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49 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Annual Breakdown
Year 1 Year 2 Year 3 Year 4
Total Software - - - -
Total Maintenance $25,425.00 $28,250.00 $28,250.00 $28,250.00 Total Services $19,710.00 - - -
*TOTAL
*Tax not included
$45,135.00 $28,250.00 $28,250.00 $28,250.00

Software & Annual Maintenance
Product Software
Quantity
Soft.

Unit Cost
Maint.

Unit Cost
Total
Laserfiche Self-Hosted Business Users 25-49
(JSENF3-25-49)

25.00 $ .00 $830.00 $20,750.00
Laserfiche Direct Share (EHDS) 1.00 $ .00 $7,500.00 $7,500.00 Software:

Maintenance:

Purchasing Program Discount:

Total:
$ .00
$28,250.00
-$2,825.00
$25,425.00

Services
Service Service
Quantity
Service
Unit Cost
Total
Platinum Support Package (80 hours) (CD7000)
Laserfiche installation, configuration, Records Management setup, consulting, and training.

1.00 $14,400.00 $14,400.00
Conversion Service (11111111)
Conversion of 650GB of data in DocuPhase to Laserfiche.

1.00 $7,500.00 $7,500.00
Service:

Purchasing Program Discount:

Total:
$21,900.00
-$2,190.00
$19,710.00

Pricing for Optional Items
• CDI Laserfiche ArcGIS integration - $5,000 for software license and $1,000 for annual maintenance. Plus 40 hours to configure.
• CDI Laserfiche DocuSign integration - $2,000 for software license and $400 for annual maintenance. Plus 20 hours to configure.

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Additionally, the City of Foster City may consider CDI’s Laserfiche hosting services in our private cloud environment.

The following quote is in addition to the perpetual or subscription pricing provided on the previous pages. Includes 1,000 GB (1TB) of storage.

Annual Breakdown
Year 1 Year 2 Year 3 Year 4
Total Services $32,220.00 $32,220.00 $32,220.00 $32,220.00 *TOTAL
*Tax not included
$32,220.00 $32,220.00 $32,220.00 $32,220.00

Hosting Services
Type Name Cores
(GB)
Memory
(GB)
Storage
(GB)
Total

Server (Includes 100
GB Storage)
Laserfiche Server 2 12 1000 $11,160.00
Web Server (Includes
30 GB Storage)
Web Server 1 12 0 $4,800.00
MSSQL (Dual Core) MSSQL Server Licensing 0 0 0 $9,060.00 Server (Includes 100
GB Storage)
MSSQL Server Base 2 12 0 $7,200.00
Monthly Hosting Cost:

Annual Hosting Cost:

Annual Hosting Total:
$2,685.00
$32,220.00

$32,220.00

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This option is for Laserfiche Cloud SAAS hosted by AWS.

Package Tier - Business

Includes:
100GB storage per user
Document Management
Advanced Audit Trail
Direct Share
Data Encrypted at Rest
Autoscaling of Computing and Storage Resources
Automated and Encrypted Backups
Intrusion Detection
Automated Feature and Security Updates
Automated Text Extraction
Import Agent with Email Archiving
Process Automation
Connector
Surveys
Records Management
Software Development Kit (SDK)
Quick Fields Complete with Agent
Workflow Bots for Process Automation
WebLink Public Portal
Forms Portal
*CDI integrations such as ArcGIS and DocuSign are not available on Laserfiche Cloud.

Annual Breakdown
Year 1 Year 2 Year 3 Year 4
Total Software - - - -
Total Maintenance $21,375.00 $23,750.00 $23,750.00 $23,750.00 Total Services $19,710.00 $ .00 $ .00 $ .00
*TOTAL
*Tax not included
$41,085.00 $23,750.00 $23,750.00 $23,750.00

Software & Annual Maintenance
Product Software
Quantity
Soft.

Unit Cost
Maint.

Unit Cost
Total
Laserfiche Cloud Business Users 25-49 (CLENF3-
25-49)

25.00 $ .00 $950.00 $23,750.00
Software:

Maintenance:

Purchasing Program Discount:

Total:
$ .00
$23,750.00
-$2,375.00
$21,375.00

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52 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Services
Service Service
Quantity
Service
Unit Cost
Total
Platinum Support Package (80 hours) (CD7000)
Laserfiche Cloud setup, configuration, Records Management setup, consulting, and training.

1.00 $14,400.00 $14,400.00
Conversion Service (11111111)
Conversion of 650GB of data in DocuPhase to Laserfiche Cloud.

1.00 $7,500.00 $7,500.00
Service:

Purchasing Program Discount:

Total:
$21,900.00
-$2,190.00
$19,710.00

Pricing for Optional Items
• Laserfiche Vault - $3,000 per year.

Professional Services
Optionally, the City of Foster City may choose to purchase additional professional service packages for any additional Laserfiche projects, consulting or training.

Professional services may include:
 Project planning: including scope definition, timeline development, training and installation planning  System design: best practices for document organization, naming, indexing, security.  Procedural design: tips for successfully implementing document imaging procedures into an organizational culture.
 Customized documentation: documentation of specific procedures that make it easy for new users to complete their function.
 Configuration: Our software experts can perform initial Workflow, Quick Fields, Web Access, and other configurations.

Professional Service Packages
Bronze
(10 hours)
Silver
(20 hours)
Gold
(40 hours)
Platinum
(80 hours)
Diamond
(160 hours)

As a service premium to its customers, Cities Digital offers supplemental service packages to augment the basic Laserfiche Annual Maintenance (LSAP) agreement. The benefits include:
 Reduced professional services rate (normally $200/hr).  Receive priority support with guaranteed response times.

Some services do not apply to the above packages. The services and their rates are as follows:
• On-site Traveling: If a technician is traveling on-site, service package hours will be billed at 1/2 the normal rate during travel. Additionally, if the technician is driving, a rate of $.585/mile will be charged - and if the 201
53 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support technician is traveling by plane, the entire cost of the airfare will be charged. A $250/day per diem will also be charged for on-site travel.
• Off Hours Support: $300/hr. Regular support hours are 8am-7pm CT Monday through Friday. All off-hours support requests must be scheduled two weeks in advance. O ff Hours Support time may be deducted from any Advanced Service Package at an adjusted conversion rate (rates adjust based on average per hour cost of package).
• Development Hours: $300/hr. Developer time may be deducted from the Advanced Service Package at an adjusted conversion rate (as described in “Off Hours Support”).

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54 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Contract
Software & Services Purchase Agreement

This agreement is made and entered into on, by and between:

Cities Digital, Inc. (D.B.A. “CDI”) Buyer: Click here to enter text. 2000 O’Neil Road Buyer Address 1:

Suite 150 And Buyer Address 2:

Hudson, WI 54016 City, State, Zip:
herein referred to as "Seller"; herein referred to as "Buyer."

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W I T N E S S E T H
WHEREFORE, in consideration of the mutual covenants herein cont ained, and other valuable consideration, the receipt of which is acknowledged, the parties agree as follows:

1. Agreement to Sell and Purchase : Seller hereby agrees to sell to Buyer, and Buyer agrees to purchase from Seller those software products, services, maintenance agreements, and upgrades set forth in Exhibit “A”.

2. License Agreement: It is specifically agreed and acknowledged that the software products sold by Seller to Buyer as described in Section 1 hereinabove, are being sold subject to the restrictions, duties and obligations of Seller pursuant to License Agreements referenced in “Exhibit D.” Buyer, by its execution of this agreement, agrees to fully abide by the terms and conditions of such License Agreements, and further agrees to fully indemnify, protect, and hold Seller harmless from any claims, suits, actions, liabilities, dam ages (including all legal costs incurred by Seller) resulting from any violation by Buyer under the terms thereof.

3. Term of Agreement: The term of this Agreement shall be for 1 year from the date first written above and shall renew for a one-year term, unless terminated by either party with or without cause.

4. Purchase Price , Payments & Renewals : The purchase price for the software products and services being purchased by Buyer from Seller are set forth in the quotation in Exhibit " A" and shall be due a nd payable from Buyer to Seller as follows:

a. In consideration of the initial purchase of products and/or services, the Buyer shall pay Seller commensurate with payment schedule below . Initial invoices for software and services are due upon receipt. Future invoices will be paid within thirty (30) days of invoice date. Invoices not paid within thirty (30) days of invoice may be subject to a one and ½ percent (1.5%) monthly interest charge (eighteen percent (18%) per year).
b. It is acknowledged that certain items set forth in “Exhibit A” if necessary are based on Seller’s estimates, including fees from the “Fee Sheet” included in “Exhibit B.” The sums payable by Buyer for maintenance and upgrades as described in “Exhibit A" are in addition to being payable as se t forth above, payable annually on the anniversary of the purchase date. Such sums may be subject to a price increase after payment for the initial year, provided that, the price shall only be increased by Seller in the event that Seller’s costs therefore are increased by CompuLink Management Center, Inc. or its successor in interest.

Buyer shall have no legal obligation to continue paying for the maintenance (software updates) and technical support provided Buyer does not see value in said service. c. It is agreed that the estimates for those items set forth in “Exhibit A" will not be exceeded by Seller without prior written approval by Buyer. In the event that the estimates are exceeded with approval of Buyer, then Buyer shall pay the difference with the payment set forth in “Exhibit A” hereinabove. It is agreed that Seller may need to adjust billable rates periodically, as well as mileage and per -diem charges, as part of this Purchase Agreement. This change will happen not more frequently than once per year. The Buyer will be notified of this change at least 30 days in advance of this change.

Payment Schedule
Payment Date Description / Percentage Payment Amount
Upon Receipt
of Licenses
Software and Maintenance & Services in Exhibit A TBD

5. Limitation: It is specifically acknowledged and agreed that all techniques, procedures and methodologies used and implemented by Seller in the performance of its work under this agreement are not included in the sale, and all intellectual property rights to such techniques, procedures and methodologies shall be retained by Seller, or by such third parties with whom Seller may contract with or have licenses through.

6. Independent Contractor: It is specifically acknowledged that Seller is an independent contractor, and that no agent, employee, or subcontractor of Seller shall be deemed an employee of Buyer or be entitled to any compensation from Buyer except as specifically set forth in this agreement.

7. Confidentiality: Seller shall keep confidential all non -public aspects of the work performed under this contract, 204
56 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support including but not limited to all communications regarding that work and all Buyer data and information to which Seller obtains access in the course of performing services under this agreement. Seller shall limit internal access to information regarding work under this contract to those members of Seller’s own staff or subcontractors of Seller who are directly involved in the work or otherwise have a need for access to the information. Unless otherwise required by law, Seller shall not disclose any non -public information to anyone other than the Buyer’s project manager and Seller’s own staff and subcontractors without the Buyer’s prior written consent. Seller shall ensure that all individuals and subcontract ors engaged directly or indirectly by Seller to provide services under this agreement are advised of and required to comply with the forgoing confidentiality obligation.

8. Sharing Information : Upon the Buyer’s written request and authorization , Seller sha ll share any project information designated by the Buyer and shall fully cooperate with all corporations, firms, contractors, governmental entities, and persons involved in or associated with the project and designated by the Buyer in the request. Seller shall not communicate with representatives of any of the news media regarding work under this contract; any communications with news media representatives regarding this contract shall be exclusively through the Buyer.

9. Commitment and Completion: It is agreed that Seller shall commence work within 14 days of receipt by Seller from Buyer of a written authorization to proceed and shall be completed pursuant to Exhibit " A." Notwithstanding such schedules, it is acknowledged that delays re sulting from any acts or omissions of Buyer, or circumstances beyond the control of Seller, including, but not limited to acts of war or terror, natural disasters, material shortages, and acts of God, shall not be deemed a breach of this agreement.

10. Insurance: Seller shall maintain occurrence for commercial general liability and automobile liability insurance which shall include personal injury, bodily injury, including death, and broad form property damage including loss of use of property, occurring i n the course of or in any way related to Seller’s operations, in an amount not less than $2,000,000 combined single limits per occurrence; Seller shall maintain Workers’ Compensation and Employer’s liability for all consultants’ employees who are subject t o Worker’s Compensation statute either as a carrier-insured employer or as a self-insured employer. Seller shall maintain cyber breach, professional errors and omissions liability insurance for the protection of the Seller and its employees and subcontractors, insuring against losses arising out of or resulting from breach, their professional acts, omissions, activities or services, in an amount not less than $2,000,000 per claim. At the request of Buyer, Seller shall furnish the Buyer with certificates evidencing the date, amount, and type of insurance required by this contract.

11. Warranty and Limitations : Except as otherwise set forth herein, Seller’s warranty is specifically limited to successful completion of installation and operation of Laserfiche software program with respect to scanning and capturing documents of Buyer as provided in Exhibit “B”, and that, except as may be available through CompuLink Management Center, Inc., Seller gives no other warranties, express or implied. In the event the software is unable to perform as warranted by Seller within 30 days of completion of installation, Buyer shall be entitled to a full refund of the purchase price. It is specifically acknowledged and agreed that Seller’s warranty is limited and sh all not apply to performance by the Seller under this agreement of specifications other than those specifically warranted above, such exclusions to include, but are not limited to: 1) the integration of the system to be installed by Seller with existing software of Buyer; and 2) the importation of documents into the system, due to the fact Seller currently has insufficient knowledge of the documentation. In addition, said warranties shall not apply: a) To the extent of any problems encountered with the integration of external databases with the software installation; b) To the extent of any problems encountered as a result of the failure of the Buyer to install and configure the hardware necessary to operate the software in accordance with the hardware specifications previously provided by the Seller; or c) To the extent of any problems encountered as a result of the failure of the Buyer’s computing equipment, servers, networks or operating systems.

12. Limitation and Damages: BUYER AGREES THAT SELLER’S TOTAL AGGREGATE LIABILITY, IF ANY, SHALL NOT EXCEED FEES PAID TO SELLER BY BUYER FOR THE PRODUCTS AND/OR SERVICES INVOLVED.

The Seller will endeavor to provide high quality services and a high-quality product. However, the Seller is not, and will not be responsible for any consequential or incidental damages resulting from any interruptions of service, or data loss (including lost transactions). With the exception of Buyer subscribing to Server Hosting, day-to-day data backup is the Buyer’s responsibility and Seller is not and cannot be liable for data loss due to poor or nonexistent or insufficient backup or any other issues associated and/or caused by Buyer’s day-to-day server data backup.

13. Attorney’s Fees : In case suit, action, or arbitration is instituted to enforce or rescind any of the rights or provisions expressed in this agreement, the party not prevailing agrees to pay the prevailing party’s costs and disbursements related to said proceedings and such sums as the court or arbitrator, may adjudge reasona ble for the attorney’s fees at trial or appeal of said suit or action.

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14. Governing Law : This agreement shall be governed and construed under the laws of Saint Croix County, Wisconsin.

15. Severability: If any provision of this agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this agreement.

16. Complete Agreement: This represents the complete and final agreement of the parties regarding the purchase and sale of software products and other services to be rendered by Seller on behalf of Buyer and supersedes and replaces any oral or written agreements heretofore made. Any modification to this agreement shall only be valid if in writing and signed by the parties hereto.

17. Paperless Billing: By selecting “Accepted” below Buyer signifies preference for paperless billing and will receive a digital copy of invoices emailed to a designated email address for processing.

ACCEPTED ___☐___ DECLINED ___☐___ Email Address:

Seller: Cities Digital, Inc. Buyer:

Name: Patrick Welsch Name:

Title: President Title:

Date: Date:

By:_______________________________ By:

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58 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support

EXHIBIT A: Quotation

Cloud Hosting or Online Backup Options:

SERVER HOSTING: ACCEPTED __ ☒ ____ DECLINED ___☐___

• Windows 2019 Server
• 4 Gigabytes of memory
• 50 GB of storage ($1.50/GB thereafter)
• 1 public IP address
• Daily backup services with restoration up to 90 days
• Antivirus
• Unlimited internet bandwidth to/from server
• $300 per month for services specifications above (not including tax) • TERM 12 MONTHS

ONLINE FILE & DATABASE BACKUP: ACCEPTED ___☐___ DECLINED ___☒___ Standard backup is already included in Hosting above, but this is an option for on-premise systems

• Incremental nightly backups of your critical data
• 256 bit encryption
• Backup network drives, virtual machines, databases, SQL, Exchange, SharePoint, Lotus and Oracle • Restore files for up to 90 days
• Daily backup statistics are emailed nightly
• Installation & support
• Minimum monthly billing is $25
• $1.50/GB/Mo. for total GB stored at end of month
• Upgrade to WORM storage for an extra $.50/GB/Mo.

Client-Side Firewall Configuration
Many clients choose to have a secured tunnel to/from their hosted server to their network. This is called an IPsec VPN Tunnel.

What is a secured IPsec VPN Tunnel?
In computing, Internet Protocol Security (IPsec) is a secure network protocol suite that authenticates and encrypts the packets of data sent over an Internet Protocol network. It is used in virtual private networks (VPNs).

IPsec includes protocols for establishing mutual authentication between agents at the beginning of a session and negotiation of cryptographic keys to use during the session. IPsec can protect data flows between a pair of hosts (host-to- host), between a pair of security gateways (network-to-network), or between a security gateway and a host (network-to- host). Internet Protocol security (IPsec) uses cryptographic security services to protect communications over Internet Protocol (IP) networks. IPsec supports network-level peer authentication, data-origin authentication, data integrity, data confidentiality (encryption), and replay protection.

The initial IPv4 suite was developed with few security provisions. As a part of the IPv4 enhancement, IPsec is a layer 3 OSI model or internet layer end-to-end security scheme, while some other Internet security systems in widespread use operate above layer 3, such as Transport Layer Security (TLS) and Secure Shell (SSH), both of which operate at the Application layer. IPsec can automatically secure applications at the IP layer.

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CDI IPSec VPN Config Planning:

Client endpoint IP: _____________________
Client Firewall Make:___________________
Are you able to configure NAT for a VPN connection: Yes/No

Phase 1:

Authentication Method: Mutual PSK
PSK: ***** (sent out separately after form submittal)
Encryption Algorithm:

AES 256 bit (settings must match on each side)
Hash Algorithm:

SHA256 (settings must match on each side)
DH Group:
14 (2048 bit)

Phase 2:

What client IP or subnet requires access over the tunnel? _____________________
_____________________

Encryption Algorithm:

AES 256 bit (settings must match on each side)
Hash Algorithm:

SHA256 (settings must match on each side)

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60 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support EXHIBIT B: Software Support Policy, “LSAP” (Laserfiche Software Assurance Plan) or “Annual Maintenance”

The initial purchase of a software system also requires purchasing maintenance for each component. Annual Maintenance is a software assurance program initiated by Cities Digital and required by the manufacturer to ensure that buyers are able to receive re gular product updates and basic software support through their value -added reseller. Cities Digital has developed this policy with regard to services that are included with the purchase of Annual Maintenance in order to serve all buyers with access to hotfixes and expert technical support.

Services included in base LSAP costs:
• Cities Digital technical support hotline:
o 855-714-2800
o [email protected]
o https://www.cdi.support/support

• Software updates including hotfixes and new feature releases • LogMeIn remote support (allows support technicians to access buyer’s computer remotely) • Customer portal access: Submit & track tickets, view contracts, access videos and documentation • Annual consulting meeting & strategy session
• Annual software performance audit

Description of Support Services

Laserfiche Software Assurance Plan (LSAP) Fee is based upon software components that have been purchased.

The support plan is renewable each year.

Seller support is provided as a part of the Laserfiche annual support fee.

Technical support is considered assistance with software malfunctions (break/fix) or “bugs.” Technical Support does include assisting buyer with how-to questions and assistance with configuration of the software.

Response Time and Definition Responses provided within 24 hours of initial report. Most responses and technical troubleshooting will happen within an hour, if not immediately through chat / remote support. Responses consist of diagnosing the problem and if possible, resolving it immediately. If it is not possible to resolve immediately a time will be scheduled to attempt resolution of the problem at the buyer’s convenience.

Seller provides a technical support hotline during weekday and non - holiday business hours 8:00 AM to 7:00 PM Central Time. The technical support staff processes assistance telephone calls, emails and remote connections as they arrive. The Support Director assesses difficulty of tasks and assigns cases to the tiered support staff. This process is in place to provide support to our customers based on the impact on their on-going operations.

Non-emergency calls for support a re typically responded to within one hours (or less). Critical calls (delay in work or loss of data due to system issues) may be responded to immediately. Support calls may be escalated internally to other technicians as needed.

Options for Coverage During Non-Standard
Business Hours or “After Hours Support”
Appointments may be scheduled with the Director of Support at [email protected].

After hours support requires a two-week prior notification, unless case of emergency. Upgrades, development, training & other services conducted after hours will be subject to billable rates and availability. Billable rates for buyers with current Laserfiche Software Assurance Plans are $250/hr before 8:00am and after 7:00pm Central Time and weekends.

Cities Digital Closed on Six Federal Holidays Cities Digital will be closed New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 209
61 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Capability for Remote Diagnostics A web-based tool for remote diagnostics and support called LogMeIn is utilized. With specific prior written authorization from Buyer an unattended access tool is available for use.

Maintenance Cost for Fixes, Major Releases and
Platform Changes
Maintenance that is done over the phone or remote access is included in annual maintenance agreement at no additional cost. Software upgrade packages are available to Buyer at support.laserfiche.com or by request from [email protected].

Major and infrequent upgrades referred to as “platform changes” may be subject to a fee. The fee is set by the manufacturer when the platform is released.

Support Escalation Procedures 1. Problem is reported, a support case is opened and documented.

The case is resolved over the phone or remotely.

2. If immediate resolution is not possible, problem is reported to second tier support.

3. If there is no existing solution, Cities Digital development will write a script, solution or “work around” to fix the problem. Cities Digital will then implement the solution.

Cities Digital creates technical support cases on behalf of the Buyer with the manufacturer upon diagnosis of the problem if the problem cannot be immediately resolved by Cities Digital.

Tracking Database All support cases are tracked in a ticketing system. The tracking software assigns incident numbers and the buyer may call and request the status on any support case at any time during work hours or by visiting the client portal.

Third-Party IT Contractors Buyers that utilize a third -party IT contractor for management of servers and networking should expect their IT contractor to assign remote-access to Cities Digital for installation and configuration. Should unattended access not be permissible third-party IT consultants may need to be present during installation or configuration. Additional configuration pertaining to Buyer’s network IP addresses, network security and access may be necessary from time -to-time. Charges from third -party IT consultants may be assigned. Cities Digital is not responsible for such charges. It is the policy of Cities Digital to copy Buyer on all communication between third-party IT contractors unless explicitly instructed not to.

Services not included in base LSAP costs, Rates Sheet:

Technical services, design, configuration Per hour $200 Project management (per hour) Per hour $200
Development, integration and conversion (per hour) Per hour $300 Cancelled Meeting within 24 Hours (1/2 hour/person) Per hour $100 - $150
Off-hours work, outside normal business hours excluding holidays (per hour) Per hour $300 Encrypted drive shipment – Export/Import (per request) Per export/import $500 Managed Services including configuration of domains, IP addresses, certificates, firewall or SQL
Per hour $300
Mileage reimbursement Per mile $.585
Per diem minimum when providing onsite service Per day $250

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62 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Exhibit C: Laserfiche On-Premise Recommended Server Specifications - Server Specifications Does not apply to Laserfiche Cloud

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63 CDI 2000 O’Neil Road Suite 150 Hudson, WI 54016 P. 855.714.2800 F. 866.592.7343 www.CDI.support Exhibit D: End User License Agreements

EXHIBIT D: End User License Agreement or “EULA”
The licensing agreements listed below pertain to Microsoft and Laserfiche. The Microsoft licensing pertains to use of hosting services from Cities Digital. Should clients not be utilizing hosting services the following eight points should not be considered applicable.

MICROSOFT SOFTWARE LICENSING AGREEMENT or “EULA”
Buyer agrees to accept the following conditions related to Software Licensing:

1. This Agreement is binding in all applicable jurisdictions.

2. Buyer is prohibited from reverse engineering, decompiling, or disassembling the Products, except to the extent that such activity is expressly permitted by applicable law.

3. Microsoft or its suppliers are hereby indemnified for any damages, whether direct, indirect, or consequential, arising fro m the Software Services.

4. Seller or a third party on Buyer’s behalf (and not Microsoft or its suppliers) will provide technical support for the Clou d Server.

5. The Products are licensed to Buyer from an affiliate of the Microsoft Corporation (collectively “Mi crosoft”). Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images , photographs, animations, video, audio, music, text and “applets” incorporated int o the Products are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The P roducts are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.

6. Buyer agrees to permitting Seller to disclose Buyer’s contact information where required to satisfy license registration with software manufacturers such as Laserfiche or Microsoft.

7. The Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupte d. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to sever e physical or environmental damage (“High Risk Use”).

8. Microsoft will be an intended third-party beneficiary of this Agreement, with the right to enforce provisions of the End User Agreement and to verify the compliance of the End User.

9. The Laserfiche End User License Agreement is available for reference in entirely on our website at cdi.s upport/eula

212
DATE: June 6, 2022

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

VIA: Edmund Suen, Interim City/District Manager

FROM: Jennifer Phan, Interim Deputy City Manager
Rob Lasky, IT Manager

SUBJECT: AGREEMENT FOR FOSTER CITY IT DIVISION TO PROVIDE IT

SERVICES TO SMC FIRE

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors approve the attached resolutions authorizing the City/District Manager to sign an agreement which contracts the City of Foster City/Estero Municipal Improvement District (hereinafter referred to as "Foster City") Information Technology (IT) Division to provide IT Services to the San Mateo Consolidated Fire Department (hereinafter referred to as "SMC Fire") in FY 2022-2023. This agreement will result in revenues of $39,867 to the IT Internal Services Fund (ISF) that will help lower the reallocation chargebacks that the IT Division applies to the other City departments, so there is an indirect benefit to the General Fund.

EXECUTIVE SUMMARY
SMC Fire has the need of various IT services including support of their IT systems (desktops, laptops, tablets, servers, network switches, internet circuits, SD-WAN equipment, telephones, printers, copiers, and software).

Assistance is also needed with IT Management functions (IT policies, IT 213
budgeting, IT strategic planning, and IT procurement). The Foster City IT Division has the bandwidth to support SMC Fire for these functions, and the offset provided by the revenue helps to keep costs manageable for the other City departments.

BACKGROUND/ANALYSIS
Prior to SMC Fire officially becoming their own entity in 2019, each of the joining Fire Departments were tied into their parent city’s IT infrastructure.

SMC Fire knew they would have to find a way to remove those ties to their parent cities and run a separate network of their own. In early 2019, SMC Fire reached out to the Foster City IT Division to ask for advice. The Foster City IT Manager offered to help, with approval from the City Manager. The Foster City IT Division also offered to migrate some of SMC Fire’s virtual servers from San Mateo and Belmont to Foster City’s server infrastructure. The Foster City IT Manager assisted an SMC Fire contracted Project Manager throughout the network migration during 2019, helping to choose the vendor for their managed WAN and phone system, as well as a vendor to help refresh the PCs that were transferred from San Mateo, Belmont, and Foster City’s inventories.

The new network was designed for ease of support, as SMC Fire would need to be able to survive long-term with only limited IT support. Because of this forward thinking, the number of trouble tickets has stayed low. In 2020 there were roughly 420 HelpDesk tickets opened, and in 2021 there were just under 200 tickets opened.

FISCAL IMPACT
The proposed charges to SMC Fire for Fiscal Year 2022-2023 is based on these line items:

Proposed Charges to SMC Fire in Fiscal Year
2022-2023
Cost
15% of IT Manager's time (overhead included) $ 36,267
6 virtual servers @ $600/year/server $ 3,600
TOTAL $ 39,867
By offering these services to SMC Fire, the Foster City IT Division has been able to lessen the impact to Foster City’s General Fund by offsetting IT ISF 214
charges to the City’s other departments. The Foster City IT Division's project list has not been impacted by supporting SMC Fire, in part because staff had already been supporting the Foster City Fire Department prior to the separation & consolidation to SMC Fire.

If the City Council/EMID Board of Directors chooses not to approve these resolutions, IT ISF charges to Foster City’s other departments for Fiscal Year 2022-2023 would need to be increased to cover the loss of the fees that would have been charged to SMC Fire. Additionally, SMC Fire would need to find alternative IT Support Services, potentially at higher costs. Those costs would likely need to be recouped through SMC Fire’s charges to member agencies, which would impact Foster City’s General Fund as well.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment with the City Council's Vision and Mission Statements, under the Economic tier of the Sustainable Foster City framework, in that it will result in revenues to the IT Internal Services Fund that will help lower the reallocation chargebacks that the IT Division applies to the other City departments. Although not listed under any specific Value/Priority Area, the recommended action would provide for "Staff Empowerment and Operational Excellence."
Attachments:
Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - Agreement
215
RESOLUTION NO.____________

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

AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE CITY OF FOSTER

CITY IT DIVISION TO PROVIDE INFORMATION TECHNOLOGY SERVICES TO THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT IN THE AMOUNT OF $39,867 FOR FY 2022-2023 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

CITY OF FOSTER CITY
WHEREAS, SMC Fire has the need of various IT services including support of their IT systems and IT Management functions; and
WHEREAS, Foster City IT Division has the bandwidth to support SMC Fire for these functions; and
WHEREAS, this agreement will result in revenues of $39,867 to the IT Internal Services Fund that will help lower the reallocation chargebacks that the IT Division applies to the other City departments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorizes the execution of an agreement dated June 6, 2022 for the City of Foster City IT Division to provide Information Technology services to the San Mateo Consolidated Fire Department in the amount of $39,867 for FY 2022-2023 and authorizing the City Manager to execute the agreement.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
216
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE EXECUTION OF AN AGREEMENT

FOR THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT IT DIVISION TO

PROVIDE INFORMATION TECHNOLOGY SERVICES TO THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT IN THE AMOUNT OF $39,867 FOR FY 2022- 2023 AND AUTHORIZING THE DISTRICT MANAGER TO EXECUTE THE

AGREEMENT

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, SMC Fire has the need of various IT services including support of their IT systems and IT Management functions; and
WHEREAS, Estero Municipal Improvement District IT Division has the bandwidth to support SMC Fire for these functions; and
WHEREAS, this agreement will result in revenues of $39,867 to the IT Internal Services Fund that will help lower the reallocation chargebacks that the IT Division applies to the other City departments.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the execution of an agreement dated June 6, 2022 for the Estero Municipal Improvement District IT Division to provide Information Technology services to the San Mateo Consolidated Fire Department in the amount of $39,867 for FY 2022-2023 and authorizing the District Manager to execute the agreement.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
217

AGREEMENT TO PROVIDE

INFORMATION TECHNOLOGY SERVICES
This Agreement is made and entered into as of the 6 th day of June, 2022 by and between the San Mateo Consolidated Fire Department, hereinafter referred to as "CLIENT", and the City of Foster City/Estero Municipal Improvement District, a Municipal Corporation, hereinafter referred to as "CITY/DISTRICT". CLIENT and CITY/DISTRICT shall be referred to hereinafter as the “PARTIES.”

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

A. That CLIENT has the need to secure information technology services; and B. That CITY/DISTRICT is experienced and qualified to perform the consulting services desired by the CLIENT and is willing to perform such services; and C. That CLIENT has elected to engage the services of CITY/DISTRICT upon the terms and conditions as hereinafter set forth; and
D. On June 21, 2021, CLIENT and CITY/DISTRICT entered into an agreement for which CITY/DISTRICT provided information technology services to CLIENT.

The PARTIES intend to supersede and replace the June 21, 2021 service agreement with the terms set forth herein.

AGREEMENT

1. Services. The services to be performed by CITY/DISTRICT under this Agreement shall include those services set forth in Appendix 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 Appendix A is hereby made an obligation of CITY/DISTRICT under this Agreement, subject to CLIENT’s obligations set forth in Appendix A. Any changes to the Agreement shall be made only upon the mutual written agreement of the Parties.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and continue for a period of twelve (12) months. At the end of each twelve (12) month period, the Agreement shall automatically renew for an additional twelve (12) month period, provided neither party terminates the Agreement as specified herein.
(b) Neither Party shall be authorized to terminate this Agreement within the first six (6) months after execution. Thereafter, 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.

In the event of such termination, CLIENT shall compensate CITY/DISTRICT for 218
out-of-scope services, as defined in Appendix A, rendered to the date of termination. If CLIENT terminates the Agreement, there shall be no refund of the yearly fees. Nothing herein contained shall be deemed a limitation upon the right of either party to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue hereunder.

3. Compensation; Expenses; Payment. CITY/DISTRICT shall provide information technology services to CLIENT pursuant to the following fee:

A. Annual Fee

1. Thirty Nine Thousand Eight Hundred and Sixty Seven Dollars ($39,867) for System Administration, Maintenance and Support, as defined in Appendix A, for each subsequent year of contract renewal. The System Administration, Maintenance and Support Fee shall be due on July 1 of each year.

2. In all subsequent years, provided CLIENT does not terminate the Agreement, the yearly System Administration, Maintenance and Support Fee may be adjusted by the CITY/DISTRICT. Any
adjustment to the System Administration, Maintenance and Support Fee will take effect on July 1, and requires notice to CLIENT on or before June 1 of the year in which the adjustment will take effect.

B. CLIENT shall promptly review invoicing and notify CITY/DISTRICT of any objection thereto in writing within ten (10) business days of receipt of the invoice, and absent such objection, the invoice shall be deemed proper and acceptable, and shall be due thirty (30) days after billing. Absent such objection, unpaid fees shall bear interest from the date due at the maximum rate then allowable by law.

4. Records. CITY/DISTRICT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CITY/DISTRICT hereunder. Said records shall be available to CLIENT for review and copying during regular business hours at CITY/DISTRICT’s place of business or as otherwise agreed upon by the Parties.

5. Authorization. This Agreement becomes effective when endorsed by both Parties in the space provided below.

6. Reliance on Professional Skill of CITY/DISTRICT. CITY/DISTRICT represents that it has the necessary professional skills to perform the services required and the CLIENT shall rely on such skills of the CITY/DISTRICT to do and perform the work. In performing services hereunder CITY/DISTRICT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CITY/DISTRICT hereunder.

7. Relationship of Parties. It is understood that the relationship of CITY/DISTRICT to the CLIENT is that of an independent contractor and all persons working for or under the direction of CITY/DISTRICT are its agents or employees and not agents 219
or employees of the CLIENT.

8. Defaults/Remedies. The occurrence of any one or more of the following events shall constitute a material default or breach of this Agreement by CLIENT:

A. Failure by the CLIENT to make any payment of fees required under this Agreement where such failure shall continue for a period of fifteen (15) business days after written notice by CITY/DISTRICT.

B. Violation of any of the terms of Content Agreements as listed in Appendix A to this Agreement.

In the event of a material default or breach by CLIENT, the CITY/DISTRICT may, without limiting the CITY/DISTRICT’s rights or remedies, terminate information technology services to CLIENT and all other services provided herein.

9. Indemnity. CLIENT hereby agrees to defend, indemnify, and save harmless CITY/ 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/DISTRICT, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, negligence, intentional tortious act or omission, or willful misconduct of CLIENT, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.

CITY/DISTRICT hereby agrees to defend, indemnify, and save harmless CLIENT, 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, CLIENT, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, negligence, intentional tortious act or omission, or willful misconduct of CITY/DISTRICT, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.

10. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT and CLIENT 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: IT Manager
CLIENT: San Mateo Consolidated Fire Department
1040 East Hillsdale Blvd
Foster City CA 94404
220

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

12. Amendments. This Agreement may be amended or modified only by written agreement signed by both Parties.

13. 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.

14. 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.

15. Mediation. Should any dispute arise out of this Agreement, the Parties shall first 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 at least once 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.

16. Entire Agreement. This Agreement, including its Appendix A and Appendix B, comprises the entire Agreement between the PARTIES.
221
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/DISTRICT
A Municipal Corporation
Dated: _______________ __________________________________________ Edmund Suen, Interim City/District Manager
ATTEST:

Dated: _______________ __________________________________________ Priscilla Schaus, City Clerk/District Secretary
APPROVED AS TO FORM:

Dated: _______________ __________________________________________ Ben Stock, City Attorney/District Legal Counsel
CLIENT: San Mateo Consolidated Fire Department
Dated: __________________________________________________________ Kent Thrasher, Fire Chief
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Appendix A

SUPPORT
CITY/DISTRICT shall support CLIENT desktops, laptops, tablets, servers, network switches, internet circuits, SD-WAN equipment, telephones, printers, copiers, Office 365, Eden, and other business-related software.

SERVICES
CITY/DISTRICT shall assist CLIENT in creation and/or maintenance of IT policies, IT budgeting, IT strategic planning, and IT procurement.

HOURS
CITY/DISTRICT staff are available 8-5 Business Days, observing CITY/DISTRICT holidays.

For off hours work, CITY/DISTRICT shall make best efforts to provide services.

SLA
For emergencies, CITY/DISTRICT staff will call back and/or reply via email within 30 minutes.

For non-emergencies, CITY/DISTRICT staff will do its best to reply within 1 business day.

SERVER HOSTING
CITY/DISTRICT shall provide hosting for 6 virtual servers (FirstOnScene and Telestaff) as well as rack space and power for CLIENT’s single hardware server.

OUT OF SCOPE SERVICES
Any other services (such as larger projects, etc.) are out of the scope of this agreement and would need to be negotiated on a time and materials basis.
223
Appendix B

PAYMENT SCHEDULES
In consideration for the full performance of the services set forth in Exhibit A, CLIENT agrees to pay CITY/DISTRICT a fee in an amount of $39,867 annually. CITY/DISTRICT will invoice CLIENT the annual fee amount on or about July 1. Payment will be due within 30 days of the invoice date.
224
DATE: June 6, 2022

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

VIA: Edmund Suen, Interim City/District Manager

FROM: Louis Sun, Public Works Director
Maria Saguisag-Sid, Human Resources Director

SUBJECT: AWARDING A CONTRACT TO DISABILITY ACCESS

CONSULTANTS (DAC) IN AN AMOUNT NOT TO EXCEED
$130,000 FOR SERVICES TO UPDATE WRITTEN POLICIES

RELATING TO AMERICANS WITH DISABILITIES ACT (ADA)

AND SELF-EVALUATION AND TRANSITION PLAN

RECOMMENDATION
It is recommended that the City Council/EMID Board adopt the attached resolutions awarding a contract to Disability Access Consultants (DAC) in an amount not to exceed $130,000 for services to update the City/District’s written policies relating to Americans with Disabilities Act (ADA) and Self- Evaluation and Transition Plan.

EXECUTIVE SUMMARY
On March 21, 2022, the City Council/EMID Board authorized the issuance of a Request for Proposals to engage a consultant to update the City/District’s written policies relating to the ADA.

Of the two proposals that were received by the due date, staff recommends entering into an agreement with DAC for an amount not to exceed $130,000 225
for ADA Self-Evaluation and Transition Plan Services.

If approved, funding for this project will be included in the FY 2022-2023 budget that is scheduled for adoption at the City Council/EMID Board’s June 20, 2022 regular meeting. The cost will be offset by a minimum of $40,000 from a risk management grant program through PLAN JPA.

BACKGROUND
The ADA was signed into law on July 26, 1990. The ADA prohibits discrimination and guarantees equal opportunities for people with disabilities.

Title II of the 1991 ADA regulation required all public entities, regardless of size, to evaluate all their services, policies, and practices and to modify any that did not meet ADA requirements. In addition, public entities with 50 or more employees were required to develop a transition plan detailing any structural changes that would be undertaken to achieve program access and specifying a time frame for their completion. Foster City/EMID completed its required activities before the 1993 deadline.

Public entities that have 50 or more employees are also required to have a grievance procedure and to designate at least one responsible employee to coordinate ADA compliance.

The Department of Justice Office of the Attorney General has responsibility for publishing regulations implementing the requirements of Title II (state and local government services). The 1991 Title II ADA regulation was superseded by the Attorney General’s 2010 Title II ADA regulation, which was published September 15, 2010, and went into effect beginning March 15, 2011.

The self-evaluation is a comprehensive review of all programs, activities, and services operated by the public entity. An updated self-evaluation is advisable due to expansions that were made to the Title II regulations and the ADA Standards for Accessible Design to include recreation areas, residential facilities, event ticketing policies, policies concerning other power-driven mobility devices, miniature horses as service animals, specifications for video- remote-interpreting and website accessibility. While the 2010 regulation did not require public entities to conduct a new self-evaluation or develop a new transition plan, many have taken the opportunity to do so.

A transition plan is developed from the self-evaluation and facilities survey and consists of:
226

1. A list of the physical barriers that limit the accessibility of programs, activities, or services.

2. The methods to remove the barriers and make the facilities accessible.

3. The schedule to get the work completed.

4. The name of the official(s) responsible for the plan's implementation.

A transition plan must also include a schedule for providing curb ramps giving priority to walkways serving entities covered by the ADA, including state and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

The transition plan is required to address structural changes, but there’s no formal planning mechanism for non-structural changes. The Attorney General’s office recommends that public entities develop Action Plans to address these non-structural issues.

The Foster City Transition Plan was created in 1992 and staff recommends engaging a consultant to guide the process of developing new and reviewing existing policies including an Administrative Policy, Self-Evaluation, Transition Plan, and Technical Standards. Once complete, projects identified in the transition and/or action plans will be incorporated into workplans for Public Works Engineering, Building Maintenance, Parks Maintenance, Recreation, and other departments as appropriate.

On March 21, 2022, the City Council/EMID Board authorized the issuance of a Request for Proposals (RFP) in accordance with Municipal Code section

3.04.140(B)(2) to engage a consultant to perform the evaluation and develop updated policies, where necessary, relating to the ADA.

ANALYSIS
Two (2) proposals were received by the deadline. Staff reviewed both proposals to determine the qualifications and ability of the proposers to successfully complete the work. Both proposers scored high in the RFP evaluation assessment, and both are highly qualified. Of the two (2) proposals, DAC’s proposal was more detailed, clearer, and provided a favorable project schedule for a timely completion. Although staff did not open the cost proposal until after the scoring and evaluation was completed, and while cost is not the only deciding factor, DAC’s proposed fee was also lower. 227
The combination of a lower cost with a high-quality proposal reinforces the recommendation to engage DAC for this project.

DAC’s total cost proposal is $72,020 for staff time, plus $600 per mile for sidewalk inspection services. Staff recommends that the contract be set for a not-to-exceed amount of $130,000 for the contract, including actual inspection service costs. If approved, funding for this project will be included in Account No. 503-1220-415-4251 in the FY 2022-2023 budget that is scheduled for adoption at the City Council/EMID Board’s June 20, 2022 regular meeting.

PLAN JPA, the City’s joint powers insurance authority, will provide Risk Management grant funds on a reimbursement basis in the amount of at least $40,000 for this project. Staff recommends that the City Council/EMID Board authorize the transfer of these reimbursement funds to Account No. 503- 0000-335-1338 to offset the project costs.

It is anticipated that the outcome of the project will be a plan for the completion of longer-term projects, which will be incorporated into the FY 2023-2024 Capital Improvement and operating budgets.

FISCAL IMPACT
If approved, funding for this project will be included in the FY 2022-2023 budget that is scheduled for adoption at the City Council/EMID Board’s June 20, 2022 regular meeting. The contract cost of $130,000 will be offset by a minimum of $40,000 from a risk management grant program through PLAN JPA.

CEQA
This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment and California Code of Regulations 15306 (Class 6) as basic data collection leading to an action which the public agency has not yet approved. 228

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment with the City Council/EMID Board’s Facilities and Infrastructure Value/Priority Area, since this project involves comprehensively reviewing the City/District’s infrastructure, including streets, parks, City facilities and programs to preserve and enhance quality of life for future generations. Further, it aligns with the Social Equity Value/Priority Area by prioritizing accessibility and inclusiveness in all City/District facilities and programs.

Attachments:
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Agreement
229
RESOLUTION NO._________

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

A CONTRACT TO DISABILITY ACCESS CONSULTANTS (DAC) IN AN AMOUNT NOT TO EXCEED $130,000 FOR SERVICES TO UPDATE WRITTEN POLICIES RELATING

TO AMERICANS WITH DISABILITIES ACT (ADA) AND SELF-EVALUATION AND

TRANSITION PLAN

CITY OF FOSTER CITY
WHEREAS, in 1992, Foster City prepared an ADA Transition Plan in accordance with Title II of the 1991 ADA regulation. This involved evaluating all services, policies, and practices, modifying any that did not meet ADA requirements, and developing a transition plan; and
WHEREAS, the 2010 update to ADA Title II regulations did not require public entities to conduct a new self-evaluation or develop a new transition plan, although many have taken the opportunity to do so; and
WHEREAS, the self-evaluation is a comprehensive review of all programs, activities, and services operated by the public entity that leads to development of the transition plan to remove physical/structural barriers and an action plan to address non- structural (program) barriers and issues; and
WHEREAS, Staff recommends engaging a consultant to guide the process of developing new and reviewing existing policies including an Administrative Policy, Self- Evaluation, Transition Plan and Technical Standards; and WHEREAS, the City Council authorized the issuance of a Request for Proposals (RFP) in accordance with Municipal Code section 3.04.140(B)(2) to engage a consultant to perform the evaluation and develop updates, where necessary to the City’s ADA policies; and
WHEREAS, Staff reviewed the two consultant proposals that were received by the due date and recommends entering into an agreement with DAC for an amount not to exceed $130,000 for ADA Self-Evaluation and Transition Plan Services; and WHEREAS, if approved, funding for the project will be included in the FY 2022-23 budget that is scheduled for adoption at the City/District’s June 20, 2022 meeting; and WHEREAS, $40,000 is available in reimbursement Risk Management funds from the City’s membership in PLAN JPA; and
WHEREAS, this action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the 230
CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment and California Code of Regulations 15306 (Class 6) as basic data collection leading to an action which the public agency has not yet approved.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby award a contract to Disability Access Consultants (DAC) dated June 6, 2022 in an amount not to exceed $130,000 for services to update the City’s written policies relating to the Americans with Disabilities in the form attached hereto, with minor revisions that may be approved by the City Manager and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Agreement.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

RICHA AWASTHI, MAYOR
ATTEST:
______________________________________

PRISCILLA SCHAUS, CITY CLERK
231
RESOLUTION NO._________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AWARDING A CONTRACT TO DISABILITY ACCESS CONSULTANTS (DAC) IN AN AMOUNT NOT TO EXCEED $130,000 FOR SERVICES

TO UPDATE WRITTEN POLICIES RELATING TO AMERICANS WITH DISABILITIES

ACT (ADA) AND SELF-EVALUATION AND TRANSITION PLAN

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, in 1992, Foster City prepared an ADA Transition Plan in accordance with Title II of the 1991 ADA regulation. This involved evaluating all services, policies, and practices, modifying any that did not meet ADA requirements, and developing a transition plan; and
WHEREAS, the 2010 update to ADA Title II regulations did not require public entities to conduct a new self-evaluation or develop a new transition plan, although many have taken the opportunity to do so; and
WHEREAS, the self-evaluation is a comprehensive review of all programs, activities, and services operated by the public entity that leads to development of the transition plan to remove physical/structural barriers and an action plan to address non- structural (program) barriers and issues; and
WHEREAS, Staff recommends engaging a consultant to guide the process of developing new and reviewing existing policies including an Administrative Policy, Self- Evaluation, Transition Plan and Technical Standards; and WHEREAS, the Board of Directors authorized the issuance of a Request for Proposals (RFP) in accordance with Municipal Code section 3.04.140(B)(2) to engage a consultant to perform the evaluation and develop updates, where necessary to the City/District’s ADA policies; and
WHEREAS, Staff reviewed the two consultant proposals that were received by the due date and recommends entering into an agreement with DAC for an amount not to exceed $130,000 for ADA Self-Evaluation and Transition Plan Services; and WHEREAS, if approved, funding for the project will be included in the FY 2022-23 budget that is scheduled for adoption at the City/District June 20, 2022 meeting; and WHEREAS, $40,000 is available in reimbursement Risk Management funds from the City/District’s membership in PLAN JPA; and
WHEREAS, this action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the 232
CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment and California Code of Regulations 15306 (Class 6) as basic data collection leading to an action which the public agency has not yet approved.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby award a contract to Disability Access Consultants (DAC) dated June 6, 2022 in an amount not to exceed $130,000 for services to update the District’s written policies relating to the Americans with Disabilities in the form attached hereto, with minor revisions that may be approved by the District Manager and the District Counsel, and to execute any other necessary documents to effectuate the terms of the Agreement.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
______________________________________

PRISCILLA SCHAUS, BOARD SECRETARY
233
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES 1

PROFESSIONAL SERVICES AGREEMENT
FOR

ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City (“City”) and the Estero Municipal Improvement District (“EMID”) hereinafter collectively referred to as "CITY" and DISABILITY ACCESS CONSULTANTS, LLC, hereinafter called "CONSULTANT".

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services 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 CONSULTANT 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.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b)
Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the 234
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES 2
date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, 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 One Hundred Thirty Thousand Dollars ($130,000). Invoices for amounts in excess of One Hundred Thirty Thousand Dollars ($130,000) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the 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 monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and 235
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES 3
reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the 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 services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. 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. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’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. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.
236
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES 4
CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

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

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’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, CONSULTANT’s officers or employees.
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CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

The duty of CONSULTANT 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 CONSULTANT to indemnify City of Foster 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.

CONSULTANT’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. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and 238
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notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CONSULTANT 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 CONSULTANT 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 CONSULTANT.

13. WORKERS' COMPENSATION. CONSULTANT 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 CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT 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
ATTN: Human Resources Director Maria Saguisag-Sid
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CONSULTANT: Disability Access Consultants, LLC
2862 Olive Highway, Suite D
Oroville, CA 95966
1-800-743-7067
ATTN: Barbara Thorpe, President
[email protected]

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

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

18. 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.

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. 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.

20. 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.

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared 240
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directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
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24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D 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/President
ATTEST:

Dated: ________________________________
Priscilla Schaus, City Clerk/Recording Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney/District Legal Counsel

CONSULTANT
Dated:

Tim Mahoney, General Manager, DAC
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EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND

DELIVERABLES FOR

ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Disability Access Consultants, LLC, hereinafter referred to as "CONSULTANT" and the City of Foster City (“City”) and the Estero Municipal Improvement District (“EMID”), hereinafter City and EMID shall be collectively referred to as "CITY" providing for professional services.

1.Description of the Project:

1.1 DESCRIPTION: Assist CITY staff in the self-evaluation of CITY facilities, public rights-of- way, programs, services, and activities, and develop a transition plan, which includes monitoring and management tools, for keeping in compliance with the Americans with Disabilities Act (ADA), Title 24 of the CBC, PROWAG, MUTCD and other relevant laws and regulations.

2.Basic Services:

The CITY has developed a general scope of work as described below.

2.1 Task 1 – Administrative Policies: Assist in the development and/or update of CITY grievance policies, along with other required policies, procedures, and best practices, including, but not limited to:
Accommodation statements and procedures
Rights afforded to persons with disabilities
ADA/504 Coordinator
Service animals
Eligibility
Accessibility maintenance
Oversight
Other power mobility devices
Website compliance
Special events
Park programs
Other notices and posting

2.2 Task 2 – Self-Evaluation

2.2.1 Sidewalk and Curb Ramp Evaluation: Conduct field investigations of public facilities including an evaluation of the CITY sidewalks, intersections (curb ramps and crosswalks), pedestrian signals, parking lots and parks.

2.2.2 GIS Mapping/Accessibility Management Software: Develop a citywide reference map using GIS for curb ramps including associated database with, at minimum, the following condition data:
Ramp type
Slope
Landing area
Warning surface
Other compliance information.
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2.2.3 Buildings, Parks, Facilities: Determine the level of ADA compliance required for each CITY facility that would be subject to the requirements of the ADA and related state codes. Conduct the necessary investigations of the areas of each facility that could be used by the public. Utilize field investigations to identify physical barriers within public areas and the public right-of-way that limit accessibility. Compare the California Building Standards Code with the Federal ADA Accessibility Guidelines and make a recommendation to apply the standard that offers the greater level of accessibility.

Buildings
City Hall |610 Foster City Boulevard
Council Chambers |620 Foster City Boulevard
Fire Station |1040 East Hillsdale Boulevard
Police Station |1030 East Hillsdale Boulevard
Library/Community Center |1000 Shell Boulevard
Recreation Center |650 Shell Boulevard
Vibe Teen Center |670 Shell Boulevard
Corporation Yard |100 Lincoln Centre Drive
Parks
Arcturus |Amenities: Bike Path, Children’s Play Area, Picnic Area Baywinds |Amenities: Bike Path, Restrooms
Boat |Amenities: Boat Launch, Picnic Area, Restrooms, Dog Playground Boothbay |Amenities: Ballfield, Basketball Courts, Barbeque, Bike Path, Children’s Play Area, Picnic Area, Restrooms, Soccer Fields, Tennis Courts, Volleyball Courts
Bridgeview |Amenities: Barbeque, Bike Path, Children’s Play Area, Picnic Area, Restrooms
Catamaran |Amenities: Basketball Courts, Beach, Children’s Play Area, Picnic Area, Restrooms, Soccer Fields, Tennis Courts, Volleyball Courts Edgewater |Amenities: Ballfield, Basketball Courts, Barbeque, Children’s Play Area, Picnic Area, Restrooms, Tennis Courts
Erckenbrack |Amenities: Beach, Children’s Play Area, Picnic Area, Restrooms
Farragut |Amenities: Children’s Play Area, Picnic Area, Restrooms Gateshead |Amenities: Bike Path, Picnic Area
Gull |Amenities: Beach, Children’s Play Area, Picnic Area, Restrooms Ketch |Amenities: Basketball Courts, Children’s Play Area, Picnic Area Killdeer |Amenities: Children’s Play Area, Picnic Area Leo |Amenities: None
Leo J. Ryan |Amenities: Basketball Courts, Bike Path, Boat Launch, Community Building, Par Course, Picnic Area, Restrooms, Tennis Courts Marlin |Amenities: Beach, Children’s Play Area, Picnic Area, Restrooms Pompano |Amenities: Bike Path
Port Royal |Amenities: Basketball Courts, Bike Path, Children’s Play Area, Picnic Area, Restrooms, Soccer Fields
Sea Cloud |Amenities: Ballfield, Bike Path, Children’s Play Area, Picnic Area, Restrooms, Soccer Fields
Shad |Amenities: Basketball Courts, Children’s Play Area, Picnic Area Shorebird |Amenities: Bike Path, Picnic Area, Restrooms Sunfish |Amenities: Basketball Courts, Children’s Play Area, Picnic Area Turnstone |Amenities: Basketball Courts, Children’s Play Area, Picnic Area 244
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2.2.4 Policy and Procedures Compliance: Review and evaluate current CITY policies, programs (including but not limited to recreation programs), and practices in order to identify language or policies which may be considered discriminatory to persons with disabilities. At a minimum, evaluate the current level of program accessibility, including eligibility requirements participation requirements, facilities used, staffing, transportation, communication, grievance procedures, and emergency procedures.

2.3 Task 3 – Transition Plan: Develop the comprehensive ADA Self-Evaluation and Transition Plan based upon the results of the barrier assessments, policy reviews and guidance from CITY staff. The Transition Plan shall include all requisite information necessary to comply with Title II of the ADA for the plan, plus additional items that are recommended but not required, including, but not limited to:
Designation of the person responsible for the overall implementation of the plan Detailed reports of the finding of the self-evaluation of facilities, policies, programs and practices
Recommendations and implementation strategies of remedial measures to correct deficiencies and a methodology for the prioritization of barrier remediation Method to apply and implementation schedule that includes milestones or measures of achievement for monitoring implementation
Development of procedures for grievances
Methodology for the self-evaluation of existing barriers to accessibility Cost estimates for remediation measures
Procedure for periodically reviewing and updating the transition plan

2.4 Task 4 – Project Database: Provide the CITY with an Accessibility Management Software to develop the ADA Transition Plan and allow ongoing monitoring and updating of the final comprehensive ADA Transition Plan by CITY staff. Database shall correlate all components of the transition plan including but not limited to compliance and facility reports, facility diagrams, Transition Plan, reference drawings, standard drawings, and photographs. Database shall allow CITY users to prepare and print reports in both PDF and Excel formats. The information contained in the database shall be the property of the CITY. CITY reserves the right to require the data to also be provided to the CITY in a mutually approved format. Software license shall be included in the cost of the contract for not less than three (3) years from the date of the final Transition Plan.

2.5 Task 5 – Community Outreach: Advise the CITY regarding methods and means of achieving compliance with public outreach requirements associated with development of an ADA Transition Plan and assist the CITY to provide opportunities for interested persons, individuals with disabilities, or organizations representing persons with disabilities to participate in the self- evaluation process. If the CITY chooses to hold a public meeting to collect input, assist in organizing and facilitating the meeting, including attending the meeting, maintaining a record of the proceedings and comments and being prepared to answer questions regarding the project.

PROJECTS AND SCHEDULE
Final ADA Transition Plan to be completed within eight (8) months of the Notice to Proceed.

DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:
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1. PROJECT DELIVERABLES

1.1 Draft Transition Plan for staff review that describes the methods that will be used to make the facilities accessible and outline a strategy over time. Schedule and timelines shall be developed by the CITY in collaboration with CONSULTANT.

1.2 Final Transition Plan and findings

1.3 Executive Summary documenting the process of updating the Transition Plan, including strategies and achievements toward compliance and methods used to assess the CITY facilities and public rights-of-way.

1.4 Cost estimates for specific items or elements.

1.5 Accessibility Management Software program for a minimum of three (3) years and at least one staff training session on use of the software.

1.6 Monthly progress meetings with CITY staff, including a kick-off meeting, interim progress meeting and a final completion meeting at a minimum.

1.7 Organize and facilitate CITY staff meetings needed for self-evaluation investigations and document research.

1.8 Attend and present an overview of the ADA Transition Plan at one (1) CITY Council Meeting, if requested by CITY.

2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1SERVICES: All professional services, supplies and materials needed to successfully complete the project.

END OF EXHIBIT A
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EXHIBIT B

FEE SCHEDULE
CONSULTANT Personnel Title Hourly Rate
Project Manager $110
QC CASp $100
General Manager $90
Director of Administrative Services $65
Field Team Leader $90
Accessibility Specialists $75
IT Director $0
In addition to the above rates, sidewalk inspection services shall be payable at a rate of $600 per linear mile.

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be One Hundred Thirty Thousand Dollars ($130,000), of which shall include a not-to-exceed cost amount of Seventy-Two Thousand and Twenty Dollars ($72,020) in CONSULTANT staff time and six hundred dollars ($600) per linear mile for sidewalk inspection services.

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES: Payment shall be made by check from CITY upon presentation of detailed invoice by CONSULTANT.

3. TIMES OF PAYMENTS. CONSULTANT shall submit invoices monthly based on work completed during that billing period.
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EXHIBIT C

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Disability Access Consultants, LLC, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.CONSULTANT's Duty to Show Proof of Insurance. CONSULTANT, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of CONSULTANT's acts, errors, or omissions in connection with the performance of CONSULTANT's obligations, as required in this Agreement, shall secure and maintain insurance as described below. CONSULTANT shall not perform any work under this Agreement until CONSULTANT has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, CONSULTANT shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, CONSULTANT shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

CONSULTANT shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by CONSULTANT or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of CONSULTANT's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. CONSULTANT shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
CONSULTANT shall submit written proof that CONSULTANT is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. CONSULTANT shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by CONSULTANT. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, CONSULTANT shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. CONSULTANT shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
□ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, CONSULTANT, at CONSULTANT’S option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2.City as Additional Insured
On CONSULTANT’S Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
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3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by CONSULTANT shall be maintained until the completion of all of CONSULTANT’S obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by CONSULTANT shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by CONSULTANT in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. CONSULTANT shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If CONSULTANT is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, CONSULTANT shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by CONSULTANT is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the CONSULTANT’S insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by CONSULTANT to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by CONSULTANT. City, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to CONSULTANT, City shall deduct from sums due to CONSULTANT any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to CONSULTANT pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, CONSULTANT agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve CONSULTANT of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case 250
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES18
CONSULTANT and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. CONSULTANT’S fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by CONSULTANT and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of CONSULTANT’S and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form
251
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES19

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.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:
252
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES20
TELEPHONE: ( ) DATE ISSUED:
253
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES21

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City and the Estero Municipal Improvement District (“City/District”) and Disability Access Consultants, LLC (“Consultant”) dated ___________________________.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the CONSULTANT (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the CONSULTANT and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. CONSULTANT acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the CONSULTANT’S cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the CONSULTANT shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the CONSULTANT did not know about, and reasonably should not have known about, as of the date the CONSULTANT submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the CONSULTANT will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the CONSULTANT’S failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. CONSULTANT is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the CONSULTANT’S price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the CONSULTANT must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

A. CONSULTANT shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

B. CONSULTANT is responsible to ensure that its subconsultants and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services. 254
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES22

4. Delay. The CONSULTANT is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the CONSULTANT may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The CONSULTANT is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent CONSULTANT incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the CONSULTANT for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. CONSULTANT shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. CONSULTANT remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the CONSULTANT to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. CONSULTANT shall immediately report to City any outbreaks of COVID-19 among its workers. The CONSULTANT shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]
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ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES23
IN WITNESS WHEREOF, the City and CONSULTANT have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ______________________________ Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title
256
DATE: June 6, 2022

TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Edmund Suen, Interim District Manager

FROM: Louis Sun, Public Works Director

SUBJECT: EXTENSION OF ONE YEAR TO THE PILOT

WATER/WASTEWATER RATE ASSISTANCE PROGRAM
(W/WRAP) UNTIL JUNE 30, 2023

RECOMMENDATION
It is recommended that the Estero Municipal Improvement District Board of Directors (EMID Board) adopt a resolution approving a one year extension until June 30, 2023, of the Estero Municipal Improvement District Pilot Water/Wastewater Rate Assistance Program (W/WRAP). The W/WRAP consists of discounts for eligible applicants of $15 per water and wastewater account per month. Upon the conclusion of the extended year, the Pilot Program shall sunset unless extended by the EMID Board.

EXECUTIVE SUMMARY
EMID is projecting increases in both the Water and Wastewater Rates over the next ten (10) and three (3) year periods for important infrastructure improvements. In recognition of the anticipated scope of projected rate increases, the EMID Board implemented a Rate Assistance Program starting in Rate Year 2020-2021 for customers who demonstrate financial need. This program was extended by the EMID Board for an additional year, but is scheduled to sunset on June 30, 2022, unless further extended by the Board.

The application and program guidelines are available on the City’s website at 257
www.fostercity.org/wwrap.

The program provides discounts of a flat $15/month each for eligible Water and Wastewater account applicants, which is 17% to 19% for two-person households with typical consumption. Based upon an estimated number of eligible customers, the discount program could have a fiscal impact to the District of as much as $82,000 per year. Currently there are only eleven (11) customers enrolled in the program for a total annual fiscal impact of $3,960.

Staff included a placeholder in the budget of $9,000 each in the FY 2022- 2023 Water and Wastewater budgets to fund the program. The program is required to be funded from non-rate sources.

Through the first eight (8) months of FY 2021-2022, revenue from delinquent water payments totaled $23,600 and revenue from delinquent wastewater payments totaled $27,415, which are sufficient to fund the program in each enterprise.

BACKGROUND
As part of the FY 2022-2023 budget preparation process, the District engaged consultant Bartle Wells Associates (BWA) to develop financial projections for its Water Enterprise and to make water rate recommendations to cover maintenance, operations, and capital improvements for FY 2022-2023 and the following five-year period. Table 5 from the BWA report shows anticipated average increases for single family homes of 3.7% per year for the five-year period. The primary driver for the proposed rate increases is the San Francisco Public Utilities Commission (SFPUC) wholesale water rate associated with the Water System Improvement Project (WSIP) to upgrade the Hetch Hetchy Water System.

In March 2018, the EMID Board of Directors adopted a rolling five-year annual 258
wastewater rate and has updated that rolling rate schedule such that increases in rates are approved in the amounts of 14.25% in FY 2022-2023, 10% for FY 2023-2024 and 2% for 2024-2025, due largely to future capital improvement costs of the Wastewater Treatment Plant Project and the need to strengthen the District’s position to obtain low-cost long-term financing for that purpose.

A complete discussion of water and wastewater rates is included in the separate public hearing item on tonight’s agenda.

In recognition of the anticipated scope of the Water and Wastewater rate increases, in May 2020 the EMID Board approved a Pilot Water and Wastewater Rate Assistance Program for customers who demonstrated financial need. Per Resolution No. 3513, the program had a start date of July 1, 2020, and continued for one (1) year, until June 30, 2021, when the Pilot Program would sunset unless extended by the EMID Board. In June 2021, the EMID Board approved Resolution No. 3585 extending the program for an additional year through June 30, 2022.

ANALYSIS
The W/WRAP program utilizes the same financial need thresholds as the Pacific Gas and Electric Company (PG&E) California Alternate Rates for Energy (CARE) discount program. EMID customers can provide documentation that they are enrolled in the PG&E CARE program, or they can demonstrate eligibility through an EMID application process (Attachment 3) that utilizes the same household income thresholds.

According to PG&E, 680 customers in Foster City are enrolled in the PG&E CARE Program. BWA estimates that 33% (approximately 227) of these customers are single-family residential and therefore would be eligible for the 259
discount. Multi-family units that are not separately metered and/or the bill is not paid by the individual units would not be eligible for the discount.

Based upon the estimated number of eligible customers, a $15/month discount could have a fiscal impact to the District of as much as $82,000 per year for both Water and Wastewater accounts. Currently there are only eleven (11) customers enrolled in the program for a total annual fiscal impact of $3,960.

A single-family account with two people residing in the home typically uses an average of fifty (50) gallons/person/day of potable water, which is four (4) units of water per month. Under the proposed Rate Year 2022-2023 water rates, meters have a fixed charge of $26.05 and residential accounts using less than 20 units of water per billing cycle are billed $6.10 per unit of water.

Therefore, Water Meter Charge $26.05 + Water Consumption $24.40 = $50.45/month water charge.

The approved Rate Year 2022-2023 single-family rate for wastewater collection is $127.06 and the charge for separately metered multi-family units is $106.73.

As shown in Table 1, the total cost for an average household under this scenario for both water and wastewater is $177.51 for single family homes or $157.18 for multi- family units. The monthly program credit of $30 ($15 each for water and wastewater) will result in an approximate 17% to 19% reduction for qualifying customers in Rate Year 2022-2023. Because it is a flat credit, homes that use less water receive a higher overall percentage benefit and customers that use more water receive a lower overall percentage benefit than what is shown in the scenario, which is consistent with the District’s interest in encouraging water conservation.

Under Proposition 218, a non-rate revenue source must be used to offset the cost of discount programs. When it approved the program, the EMID Board approved using delinquent payment fees (late charges) for this purpose. The 260
Water and Wastewater Rate Study by BWA, has confirmed that the level of collection of these fees is sufficient to satisfy the funding requirement. Other sources of non-rate revenues could include the Community Benefits Fund, Construction and Demolition forfeitures, or general fund revenue.

Staff’s recommendation to continue the program for an additional one-year term recognizes the District’s need to continue to evaluate both the District’s revenue sources and needs due to expanding usage of the program. At the conclusion of the one year extension of the Pilot Program, staff will bring this item back to the EMID Board to extend or discontinue the program.

FISCAL IMPACT
Based upon the currently enrolled customers, the annual cost of the W/WRAP program is $3,960. Based on 227 estimated number of eligible customers, the discount of $15/month each per Water and Wastewater account could cost as much as $82,000 per year.

The program is required to be funded from non-rate sources. Through the first eight (8) months of FY 2021-2022, revenue from delinquent water payments has totaled $23,600 and revenue from delinquent wastewater payments totaled $27,415, which are sufficient to fund the program in each enterprise.

EMID BOARD VISION, MISSION, AND VALUE/PRIORITY AREA
The decision to continue the discount program for an additional year would be consistent with the EMID Board’s Value/Priority area of "Public Safety and Social Equity" by providing cost considerations for essential utilities to lower income households.

Attachments:
Attachment 1 – Resolution
Attachment 2 – Program Guidelines
261
RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE EXTENSION OF A PILOT

WATER/WASTEWATER RATE ASSISTANCE PROGRAM (W/WRAP) THROUGH JUNE 30, 2023

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the EMID is projecting significant increases in both the Water and Wastewater Rates over the next several years for important infrastructure improvements; and
WHEREAS, in recognition of the scope of projected rate increases, in Fiscal Year 2020-2021, the District Board implemented a Pilot Water/Wastewater Rate Assistance Program for customers who demonstrate financial need; and WHEREAS, the Water/Wastewater provides for a $15 per month discount each for water and wastewater accounts; and
WHEREAS, the Water/Wastewater Rate Assistance Program was extended until June 30, 2021, at which time it will automatically sunset unless extended by the EMID Board; and
WHEREAS, a non-rate revenue source must be used to offset the cost in order to maintain compliance with California Proposition 218.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby:

1. Extend the Pilot Water/Wastewater Rate Assistance Program of $15 each per water and wastewater account per month for eligible applicants until June 30, 2023, when the program will automatically sunset unless extended by the EMID Board, and

2. Authorize the use of delinquent payment fees as the revenue source for FY 2022- 2023 program costs; and

3. Authorize the District Manager or designee to maintain and update the Program Guidelines and Materials as needed to administer the program. 262
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of June, 2022,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
263
Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Guidelines
1 | Page Rev 2020-07-01
The intent of the Estero Municipal Improvement District Water/Wastewater Rate Assistance Program (W/WRAP) is to provide rate relief to account holders who demonstrate need. In recognition of significant increases in the Water and Wa stewater Rates associated with important infrastructure improvements, the Estero Municipal Improvement District implemented this discount program to make rates more affordable for qualifying customers.

The following guidelines govern the specific procedures and qualifications for this incentive program.

1. About the Program
a. Effective Dates. Funding for the program is authorized and applications will be accepted as of July 1, 2020. Discounts will not be applied retroactively.
b. Discount Amount. Customers meeting the eligibility and qualification requirements below shall be granted a discount of up to $15 per month each on their qualifying Water and Wastewate r accounts, not to exceed a $ 30 per month discount per customer. In no case shall the disc ount exceed the amount of the monthly bill.
c. Discounts will be applied to accounts as of the month following enrollment into the program and will be in force for a two-year qualification period unless program is terminated. Requalification is required every two years.

2. Customer Eligibility
a. The EMID Water bill must be in the applicant’s name. b. Applicant must live at the address to which the discount applies. c. Applicant’s home may not share a water meter with another home. d. Another person (besides the applicant’s spouse) may not claim the applicant as a dependent on an income tax return.
e. Applicant must submit required documentation.

3. Required Documentation.
a. Program Application - Submit the most current version of the Program Application form, which can be found on the City of Foster City website: www.fostercity.org b. Documentation of need under one of the following three qualification categories:

A. ENROLLMENT IN PG&E’S RATE ASSISTANCE CARE PROGRAM – Submit proof of enrollment in CARE program
Attachment 2
264
Estero Municipal Improvement District Water/Wastewater Rate Assistance Program (W/WRAP) Program Guidelines 2 | Page Rev 2020-07-01
B. PARTICIPATION IN PUBLIC ASSISTANCE PROGRAM(S) – Submit WIC voucher, recent award letter(s) OR letter of participation in one or more of the following program(s) • Women, Infants, and Children (WIC) • CalFresh/SNAP (Food Stamps) • CalWORKs (TANF) or Tribal TANF • Head Start Income Eligible (Tribal Only) • Supplemental Security Income (SSI) • Medi-Cal for Families (Healthy Families A & B) • National School Lunch Program (NSLP) • Bureau of Indian Affairs General Assistance • Medicaid/Medi-Cal • Pacific Gas and Electric Company Low Income Home Energy Assistance Program (LIHEAP) C. MAXIMUM HOUSEHOLD INCOME THRESHOLD – Submit documentation of total of all household members' incomes from all eligible sources. Maximum qualifying total gross annual household income is listed in the most current W/WRAP application. Income sources include, but are not limited to the following: • Wages • Salaries • Interest and dividends • Spousal and child support payments • Public assistance payments • Social Security and pensions • Housing and military subsidies • Rental income • Self-employment income • Employment-related, non-cash income 4. Other Program Requirements a. Program Participants must notify EMID within 30 days if the household no longer qualifies for the W/WRAP discount. b. Program participants must requalify every two years. c. Program participants must reapply if they move within the EMID Service Area. d. Program participants may be required by EMID to provide current proof of qualifying income at any time during enrollment in the program. e. EMID reserves the right to amend or modify qualification requirements for new or renewing participants at any time. Qualifications will not be altered for existing participants during their two year qualification period. 265
Estero Municipal Improvement District Water/Wastewater Rate Assistance Program (W/WRAP) Program Guidelines 3 | Page Rev 2020-07-01
f. The incentive program may be terminated by the EMID at any time without notice. 5. Contact Information All correspondence regarding this program should be addressed to: Estero Municipal Improvement District Water/Wastewater Rate Assistance Program 610 Foster City Boulevard Foster City, CA 94404 [email protected] (650) 286-3260 266
DATE: June 6, 2022

TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Edmund Suen, Interim District Manager

FROM: Louis Sun, Public Works Director

SUBJECT: AUTHORIZING THE ISSUANCE OF A REQUEST FOR

PROPOSALS FOR EMERGENCY GENERATOR DESIGN
SERVICES FOR CIP 455-705 - EMERGENCY GENERATOR
REPLACEMENTS PROJECT (FY 2021-2022)

RECOMMENDATION
It is recommended that the Estero Municipal Improvement District Board of Directors (EMID Board) adopt the attached resolution authorizing the issuance of a Request for Proposals (RFP) for professional design services for CIP 455-705 - Emergency Generator Replacements Project FY 2021- 2022.

EXECUTIVE SUMMARY
Because of the technical nature of emergency generators, a professional design firm is needed to prepare the design and scope of work for CIP 455- 705 - Emergency Generator Replacement. The attached RFP was prepared by Public Works Department staff and District Legal Counsel in order to solicit proposals from qualified firms with the requisite experience to successfully complete this work.
267

BACKGROUND
EMID's 48 lift stations pump sewage to receiving manholes at higher elevations. Emergency generators are located at EMID’s 14 major lift stations.

Emergency generators power lift stations when power from PG&E is interrupted or shut down. The automatic transfer switch senses when PG&E power is interrupted and causes the emergency generator to turn on. Without emergency generators, in the event of a power outage, lift stations could fill with sewage and possibly overflow.

CIP 455-705 was approved by the City Council/EMID Board as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators and automatic transfer switches located at eight (8) of the District’s wastewater lift stations (Lift Stations 10, 12, 14, 15, 16, 29, 43 and 59) and the emergency generators only at Lift Stations 22 and 26. At this time, staff has prioritized the design and replacement of the emergency generators and automatic transfer switches at Lift Stations 29 and 59 and the emergency generator only at Lift Station 22. These three are at the end of their useful lives and resources have been required to make temporary fixes to keep them reliably operational. Additional resources are likely to be required until new units are installed.

ANALYSIS
Because of the technical nature of emergency generators, a professional design firm is needed to prepare the design and scope of work that will be used to engage the construction firm for the project. The attached RFP has been prepared by Public Works Department staff and District Legal Counsel to ensure that a qualified firm with the requisite experience is solicited and engaged for this very important project.

FISCAL IMPACT
There is no fiscal impact to issue the RFP. At the time of contract award, funding will be available in the CIP budget.

CEQA
This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including 268
without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

Even if deemed a project, this action would be exempt under California Code of Regulations 15306 (Class 6) as basic data collection leading to an action which the public agency has not yet approved.

EMID BOARD VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment with the Facilities and Infrastructure Value/Priority Area, since this project is the first step in replacing essential components in the wastewater system.

Attachments:
Attachment 1 – Resolution
Attachment 2 – Request for Proposals
269
RESOLUTION NO._________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE ISSUANCE OF A REQUEST FOR

PROPOSALS FOR PROFESSIONAL EMERGENCY GENERATOR DESIGN SERVICES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, CIP 455-705 was approved by the City Council as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators and automatic transfer switches at multiple wastewater lift stations; and WHEREAS, without emergency generators, in the event of a power outage, lift stations could fill with sewage and possibly overflow; and
WHEREAS, due to the technical nature of emergency generators, a professional design firm is needed to prepare the design and scope of work that will be used to engage the construction firm for the project; and
WHEREAS, this action is not subject to review under the California Environmental Quality Act (CEQA) as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and even if deemed a project, this action would be exempt under California Code of Regulations 15306 (Class 6) as basic data collection leading to an action which the public agency has not yet approved.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the release of a request for proposals for Emergency Generator Design Services, in the general form attached hereto.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
____________________________________

PRISCILLA SCHAUS, BOARD SECRETARY
270

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
RE

QUEST FOR PROPOSAL
PR

OFESSIONAL DESIGN SERVICES FOR EMERGENCY GENERATOR
REPLACEMENTS FY 2021-2022 (CIP 455-705)
PR
OPOSAL SUBMITTAL DEADLINE: TUESDAY, JUNE 28, 2022, at 2:00 PM RE
TURN PROPOSAL TO:

E
stero Municipal Improvement District
Public Works Department
Attn: Louis Sun
Public Works Director
610 Foster City Blvd.

Foster City, CA 94404
Attachment 2
271
INDEX

SECTION

I. INTRODUCTION

II. GENERAL INFORMATION

III. PROPOSAL REQUIREMENTS

IV. PROPOSAL SUBMITTAL REQUIREMENTS

V. CONSULTANT SELECTION PROCESS

VI. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE AND

MANAGEMENT AND PROJECT CONTROLS

VII. STANDARD PROFESSIONAL SERVICES AGREEMENT AND INSURANCE

REQUIREMENTS

ATTACHMENTS

A. DRAFT SCOPE OF SERVICES

B. STANDARD PROFESSIONAL SERVICES AGREEMENT AND SAMPLE

INSURANCE REQUIREMENTS

272
Request for Proposal