Foster City City Council
October 17, 2022

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVER NMENT 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/88536415881
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 the 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/88536415881

• To dial-in via phone:
1- 669-900-6833 or
1-408-638-0968
And enter Webinar ID: 885 3641 5881

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

AGENDA

Monday, October 17, 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 October 2022 as Hindu Heritage Month (Tabled from October 3, 2022)

4.2. A Proclamation Recognizing Baybasi for their Contributions to Foster City's Cultural Events

4.3. A Proclamation Recognizing October 2022 as Substance Abuse Prevention Month

5. PUBLIC

Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

2 6. CITY/EMID CONSENT CALENDAR

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

6.1. City/EMID Minutes

6.1.1. City/EMID Regular Meeting of October 3, 2022

6.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-122 and EMID Resolution Number to be used tonight is 3685)

6.2.1. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local
Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation
c) Staff Report
d) Adopt Resolutions

6.2.2. a) A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Master Agreements with Huffman Broadway Group, Inc. For Professional on-call
Environmental Services and Apex Testing Laboratories Inc. And Construction Testing Services for On-Call Materials Testing Services; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Mayor to Execute Master Agreements With Huffman Broadway Group, Inc. For Professional on-call Environmental Services and Apex Testing Laboratories Inc. And Construction Testing Services for on-call Materials Testing Services
c) Staff Report
b) Adopt Resolutions

3 7. NEW BUSINESS

7.1. Consideration of Appointment of One Citizen Representative to a Three- Year Term on the Levee Bond Oversight Committee. Citizen Applicants:

Sanford Heisler and Stephanie LaCarrubba
a) Staff Report
b) Take Action By Minute Order

7.2. Consideration of Preparation of a Single Year Budget for FY 2023-2024 or a Biennial Budget for Two Consecutive One Year Periods Consisting of FY 2023-2024 and FY 2024-2025
a) Staff Report
b) Action - By Minute Order, Provide Policy Direction

7.3. Consideration of Preliminary Review of a Request to Amend the Vintage Park General Development Plan (GDP) to Reallocate the Previously Approved 250,000 SF of Office Allocation within the South Campus of the Gilead Master Plan to Laboratory Square Footage and Include the Previously Approved Temporary Gilead Park into a Permanent Use as Part of the updated Vintage Park GDP – 300-368 Lakeside Drive and 301-309 Velocity Way – RZ2022-0001
a) Staff Report
b) Receive Public Testimony
c) No Action Required - Comments Only

8. REPORTS

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

9. ORDINANCES FOR INTRODUCTION

9.1. An Ordinance of the City of Foster City Amending Title 8, “Health and Safety,” of the Foster City Municipal Code to Add A New Chapter 8.11, “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes”
a) Staff Report
b) Action
i. Introduce Ordinance by Title, by Motion Waive Further Reading ii. By Motion Pass Ordinance to Second Reading

4 10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Authorizing Additional Construction Contingency Funds for Contract Change Orders in the Amount of $900,000 for the Levee Protection Planning and Improvements Project (CIP 327-657)
a) Staff Report
b) Action - Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on September 15, 2022, September 29, 2022, and ACH were processed on October 5, 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. 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

5 6
7 8

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 3, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 3, 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 Acting City Clerk/Recording 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: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Jennifer Phan, Deputy City Manager; Edmund Suen, Finance Director, Marlene Subhashini, Community Development Director; Tracy Avelar, Police Chief; Robert Marshall, Deputy Fire Chief; Louis Sun, Public Works Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Marty Cooper, Chief Building Inspector; Julie Paping, Principal Management Analyst; Shuli Chen, Video Technician and Yelena Cappello, Acting City Clerk/ Recording Secretary.

SPECIAL PRESENTATIONS

PROCLAMATION DECLARING THE WEEK OF OCTOBER 9-15, 2022 AS "FIRE PREVENTION WEEK"
Councilmember Hindi presented the proclamation Declaring the Week of October 9-15, 2022 as "Fire Prevention Week" to Melinda Martin, San Mateo Consolidated Fire Department Deputy Fire Marshall.

PROCLAMATION RECOGNIZING OCTOBER 2022 AS HINDU HERITAGE MONTH 9 Without objection from the City Council, Mayor Awasthi tabled “A Proclamation Recognizing October 2022 as Hindu Heritage Month” to the October 17, 2022 City Council meeting.

PUBLIC
Alex Jiang addressed the City Council via teleconference regarding the regulation of the sale of flavored tobacco products.

Without objection from the City Council, Mayor Awasthi took “A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee for the 2022-2023 School Year” out of agenda order.

RESOLUTIONS FOR ADOPTION

APPOINTMENT OF FIFTEEN MEMBERS TO THE YOUTH ADVISORY COMMITTEE FOR THE 2022-2023 SCHOOL YEAR. CITY RESOLUTION NO. 2022-116.

Recreation Coordinator Landwehr presented the staff report.

Students introduced themselves to the City Council.

Discussion ensued.

Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2022-116, “A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee for the 2022-2023 School Year.” Without objection from the City Council, Mayor Awasthi took “An Ordinance of the City of Foster City Amending Title 8, Health and Safety, of the Foster City Municipal Code to Add a New Chapter 8.11, Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” out of agenda order at the request of Councilmember Gehani.

ORDINANCES FOR INTRODUCTION
AMENDING TITLE 8, HEALTH AND SAFETY, OF THE FOSTER CITY MUNICIPAL CODE TO ADD A NEW CHAPTER 8.11, REGULATION OF THE SALE OF FLAVORED TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES.

Councilmember Hindi recused himself due to a conflict of interest because his business sells tobacco products.

Councilmember Hindi left the room from 6:57 p.m. to 7:50 p.m.

City Attorney Stock presented the staff report.
10 The following people addressed the City Council in person:

1. Jerry Hill;

2. Dr. Bonnie Halpern-Felster; and

3. Tricia Barr
The following people addressed the City Council via teleconference:

1. Jenn Grann Lejano; and

2. Anthony Lu
The following people addressed the City Council via email:

1. T Shueh; and

2. Danny Gan
Discussion ensued.

Motion by Vice Mayor Froomin, seconded by Mayor Awasthi, and carried by roll call vote, 4-0-0, to direct staff to bring back a tobacco resale license ordinance, including enforcement of Foster City Municipal Code Chapter 8.11, within approximately one month.

Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried by roll call vote, 4-0-0, to direct staff to bring back a tobacco resale license ordinance, including enforcement of Foster City Municipal Code Chapter 8.11, within approximately one month.

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

City/EMID Consent Calendar

1. Foster City Joint Powers Authority/City/EMID Regular Meeting of September 19, 202;

2. Ordinance No. 652, “Amendment to the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 57-acre Portion of the + 132-acres Land Known as Vintage Park to Replace the Approximately 11,000 Square-foot Restaurant Use With an Approximately 124,395 Square Feet of Research and Development (R&D) Office Use, Associate Parking and Site Improvements Located at 388 Vintage Park Drive – W-SW 388 Owner IX L.P. C/O Steelwave CDS, LLC – APN 094-901-270 – Neighborhood Vintage Park (VP) – RZ2021-00030;”

3. City Resolution No. 2022-117, “A Resolution of the City Council of the City of Foster City Amending the Policy Statement of the Parks and Recreation 11 Committee to Extend the Expanded the Membership From Five Members to Seven Members Through 2028;”

4. City Resolution No. 2022-118, “A Resolution of the City Council of the City of Foster City Increasing the Appropriation in the Foster City Foundation Fund (116) Account Number 116-0510-451-4265 From $22,122 to $100,000 in Fiscal Year 2022-2023”

5. City Resolution No. 2022-119, “A Resolution of the City Council of the City of Foster City Authorizing an Agreement With Integrated Design 360 LLC in the Amount of $127,774 for Consultant Services for Developing and Adopting a Local Energy Reach Code Including Performing an Electrical Capacity Study of the City of Foster City, Cost Effectiveness Study, Energy Savings Study and Community Engagement; and an Appropriation in the Amount of $127,774 to Account No. 001- 0820-424-4251;”

6. City Resolution No. 2022-120, “A Resolution of the City Council of the City of Foster City Reclassifying One (1) Part Time Office Assistant II Position to a Full- time Administrative Assistant I Position, Eliminating One (1) Part Time Office Assistant II Position, Reclassifying One Management Coordinator Position to a Management Analyst and Appropriating $81,587.00 in the Public Works Department Employee Services Accounts in Fiscal Year 2022-2023;”

7. EMID Resolution No. 3684, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Reclassifying One (1) Part Time Office Assistant II Position to a Full-time Administrative Assistant I Position, Eliminating One (1) Part Time Office Assistant II Position, Reclassifying One Management Coordinator Position to a Management Analyst and Appropriating $81,587.00 in the Public Works Department Employee Services Accounts in Fiscal Year 2022-2023;”

8. Minute Order No. 1881, “By Minute Order, approve a Letter in Support of the San Mateo County Transportation Authority’s 2022 Applications for Senate Bill 1 (SB 1) Funding.”

ITEMS REMOVED FROM CONSENT CALENDAR
Without objection from the City Council Mayor Awasthi removed these item from the Consent Calendar at the request of Councilmember Sullivan.

LETTER TO THE HONORABLE AMARRA A. LEE JUDGE OF THE SUPERIOR COURT

IN RESPONSE TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT, DATED AUGUST 9, 2022, ENTITLED DELICATE BALANCE BETWEEN KNOWLEDGE AND POWER: GOVERNMENT TRANSPARENCY AND THE PUBLIC’S RIGHT TO KNOW” MINUTE ORDER NO. 1979
Acting Communications Director/City Clerk presented the staff report.

Motion by Councilmember Sullivan seconded by Councilmember Froomin, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1879, approving a letter to the Honorable Amarra A. Lee Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated August 9, 2022, Entitled "Delicate Balance 12 between Knowledge and Power: Government Transparency and the Public’s Right to Know.”
LETTER TO THE HONORABLE AMARRA A. LEE JUDGE OF THE SUPERIOR COURT

IN RESPONSE TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT, DATED AUGUST 5, 2022, ENTITLED “THE OTHER WATER WORRY: IS YOUR WATER PROVIDER PREPARED FOR THE BIG ONE?” MINUTE ORDER NO. 1980.

Public Works Director Sun presented the staff report.

Motion by Councilmember Sullivan, seconded by Councilmember Froomin, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1879, approving a letter to the Honorable Amarra A. Lee Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated August 5, 2022, Entitled “The Other Water Worry: Is Your Water Provider Prepared for the Big One?.”

REPORTS
SOLID WASTE COLLECTION RATES FOR YEAR 2023. MINUTE ORDER NO. 1882.

Principal Management Analyst Lorenz presented the staff report.

Discussion ensued.

Motion by Councilmember Gehani, seconded by Councilmember Froomin, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1882, providing policy direction to proceed with the mailing of a Proposition 218 Notice for a public hearing to be held on November 21, 2022 to increase the 2022 collection rates by no more than

5.0% for 2023, and increasing the 2022 “Rates for Additional Services” (optional services requested by customers above the base service level) by no more than 4.184% for 2023.

ORDINANCES FOR INTRODUCTION
AMENDING SECTION 1.01.010, “ADOPTION-SECONDARY CODES ADOPTED,” OF CHAPTER 1.01, “CODE ADOPTION,” WITHIN TITLE 1 OF THE FOSTER CITY MUNICIPAL CODE ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, 2022 RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA FIRE CODE AND THE 2022 CALIFORNIA EXISTING BUILDING CODE WITHIN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS
Chief Building Inspector Cooper presented the staff report.

Discussion ensued.
13 Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, to introduce the ordinance by title and waive further reading of “An Ordinance of the City of Foster City Amending Section 1.01.010, “Adoption-Secondary Codes Adopted,” of Chapter 1.01, “Code Adoption,” Within Title 1 of the Foster City Municipal Code Adopting by Reference the 2022 California Building Code, 2022 Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code and the 2022 California Existing Building Code Within Title 24 of the California Code of Regulations”.

Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, to pass “An Ordinance of the City of Foster City Amending Section 1.01.010, “Adoption-Secondary Codes Adopted,” of Chapter 1.01, “Code Adoption,” Within Title 1 of the Foster City Municipal Code Adopting by Reference the 2022 California Building Code, 2022 Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code and the 2022 California Existing Building Code Within Title 24 of the California Code of Regulations” to second reading.

REPEALING AND REPLACING CHAPTERS 15.02, “BUILDING CODE”; 15.04, “RESIDENTIAL CODE”; 15.06, “EXISTING BUILDING CODE”; 15.08, “MECHANICAL CODE”; 15.16, “PLUMBING CODE”; 15.20, “ELECTRICAL CODE”; AND 15.24, “FIRE CODE”; OF TITLE 15, “BUILDING AND CONSTRUCTION,” OF THE FOSTER CITY MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, 2022 RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA FIRE CODE AND THE 2022 CALIFORNIA EXISTING BUILDING CODE WITH APPENDICES WITHIN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS AND MAKING CERTAIN AMENDMENTS THERETO; AND

ADOPTING THE FIRE DEPARTMENTAL POLICY
Chief Building Inspector Cooper presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, to introduce the ordinance by title and waive further reading of “An Ordinance of the City of Foster City Repealing and Replacing Chapters 15.02, “Building Code”; 15.04, “Residential Code”; 15.06, “existing Building Code”; 15.08, “Mechanical Code”; 15.16, “Plumbing Code”; 15.20, “Electrical Code”; and 15.24, “Fire Code”; of Title 15, “Building and Construction,” of the Foster City Municipal Code and Adopting by Reference the 2022 California Building Code, 2022 Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code and the 2022 California Existing Building Code With Appendices Within Title 24 of the California Code of Regulations and Making Certain Amendments Thereto; and Adopting the Fire Departmental Policy Manual”. 14 Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, to pass “An Ordinance of the City of Foster City Repealing and Replacing Chapters 15.02, “Building Code”; 15.04, “Residential Code”;

15.06, “existing Building Code”; 15.08, “Mechanical Code”; 15.16, “Plumbing Code”;

15.20, “Electrical Code”; and 15.24, “Fire Code”; of Title 15, “Building and Construction,” of the Foster City Municipal Code and Adopting by Reference the 2022 California Building Code, 2022 Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code and the 2022 California Existing Building Code With Appendices Within Title 24 of the California Code of Regulations and Making Certain Amendments Thereto; and Adopting the Fire Departmental Policy Manuals” to second reading.

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

City/District Warrants of Demands were Processed and Issued on September 15, 2022, and ACH were processed on August 29, 2022.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
City Manager Chatwin reminded the community that October is Down Syndrome Awareness Month and encouraged residents to learn more at www.dscba.org Councilmember/Director Sullivan stated he attended the Congestion Management & Environmental Quality Committee (CMEQ) meeting on September 26. On September 29, he attended the City/County Association of Governments Bicycle and Pedestrian Committee meeting and they discussed regulations on electronic bikes.

Councilmember/Director Gehani thanked staff and his City Council colleagues for their preparation. He highlighted Hindu Heritage Month and his appreciation of various cultures and the Foster City community.

Councilmember/Director Hindi stated that he attended the Peninsula Clean Energy (PCE) board annual retreat on September 22. He reminded the community that PCE has provided cost savings by providing lower rates, and reduced greenhouse gas reduction.

On September 23, he attended the Council of Cities dinner hosted by Foster City.

Vice Mayor/Vice President Froomin thanked City Council colleagues for an engaging conversation. He asked if it is possible to have standards of maintenance for the bike lanes on Bayshore Highway. He stated he has concerns about the number of subcommittee meetings that have been cancelled and would like to discuss this at the next City Council Vision and Policy Summit. He requested to agendize the exchange of approximately a 15 foot red zone on Leo Drive to a 19 foot red zone at the east end of 15 the sewer inlet going west toward 611 Leo Drive. Councilmember Gehani supported the request.

Mayor/President Awasthi wished Jewish members of the community a Happy New Year.

She attended the Durga Puja festival organized by BayBasi and said it was a great event.

She stated that she is very proud of the diversity in Foster City.

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

1. Conference with Legal Counsel - Anticipated Litigation:

Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Two Potential Cases); and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 8:30 p.m. and reconvened at 8:35 p.m.

City Attorney Stock reported that the City Council met regarding two potential cases involving litigation against the California Department of Housing and Community Development regarding Regional Housing Needs Allocation and SB 9, and directed the City Attorney to not move forward with litigation at this time.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 8:52 p.m.
16 DATE: October 17, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Jennifer Phan, Deputy City Manager
Julie Paping, Principal Management Analyst

SUBJECT: EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY, THE CONTINUING NEED FOR CITY

COUNCIL AND PLANNING COMMISSION AND COMMITTEES

TO MEET BY TELECONFERENCE FOR INCREASED

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

RECOMMENDATION

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

The general update is informational only and no further action is required.

BACKGROUND

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

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

Local Emergency

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

To-date, the City Council had approved the continuation of the proclamation of the existence of a local emergency at its meetings on April 6, June 1, July 20, September 8, November 2, 2020, January 4, March 1, May 17, July 19, September 20, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, and September 19, 2022. Per Government Code Section 8630, the City Council must reevaluate 18 whether to continue the proclamation of the existence of a local emergency every sixty (60) days until the emergency is terminated. Given the conditions creating the local emergency have not entirely abated, one of the items for City Council consideration is to extend the proclamation.

Continuing In-Person/Teleconference Hybrid Meetings

Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. AB 361 comes as the provisions of Executive Order No.

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

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

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

Latest Updates
San Mateo County remains in the Green/Low COVID-19 Community Level category. Health officials continue to recommend that residents keep up to date with vaccinations and boosters, get tested if you have symptoms, and wear high-quality masks (N95/KN95) in settings where ventilation is poor or if you are at high risk for severe disease or illness.

Updated, bivalent boosters are now being offered by San Mateo County Health at its community clinics. To find a vaccination clinic, please visit https://www.smchealth.org/vaccine-clinic-calendar. Appointments can be made at https://myturn.ca.gov or by calling the CA COVID-19 Hotline at 1- 833-422-4255. Appointments are encouraged, but not required. Bivalent boosters are also available from primary health care providers and at some pharmacies.

San Mateo County Health has cautioned that supplies of the updated Moderna booster have been slow to arrive and that individuals who have scheduled appointments to receive Moderna may be offered Pfizer instead if supplies are low. The CDC and California Department of Health have advised that individuals may receive either booster, regardless of which vaccine brand they have already received.
20 Test-to-Treat programs, where individuals who test positive for COVID-19 are assessed, and if qualified, receive oral medication, are still being offered in San Mateo County. To find a Test-to-Treat location, please visit https://aspr.hhs.gov/TestToTreat/Pages/default.aspx.

As of September 29, 2022, a total of 720,160 individuals have been vaccinated in San Mateo County with at least one dose, representing 93% of the population. 86% of the population have completed the vaccination series.

ANALYSIS

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

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

FISCAL IMPACT

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

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

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

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

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

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

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

THE CONTINUING NEED FOR THE CITY COUNCIL, PLANNING COMMISSION AND

COMMITTEES TO MEET BY TELECONFERENCE AND ALLOWING FOR INCREASED

MEETING ACCESSIBILITY VIA IN PERSON AND TELECONFERENCE MEETING

PARTICIPATION

CITY OF FOSTER CITY
WHEREAS, on January 30, 2020, due to confirmed cases of a severe acute respiratory illness caused by a new coronavirus (“COVID-19”), the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America; and
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the potential introduction of COVID-19 in San Mateo County; and
WHEREAS, on March 12, 2020, the President of the United States declared a National Emergency in response to the spread of COVID-19; and WHEREAS, Section 2.40.070(A) of the Foster City Municipal Code empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, based on the expanding threat of the novel COVID-19 virus, the City Manager, Acting as Director of Emergency Services, of the City of Foster City proclaimed the existence of a local emergency within the City on March 16, 2020; and WHEREAS, on March 18, 2020, per Resolution No. 2020-23, the City Council of the City of Foster City ratified the proclamation of the Director of Emergency Services and 23 extended the period of the existence of a Local Emergency for an additional 30 days or unless sooner terminated; and
WHEREAS, on April 6, 2020, June 1, 2020, July 20, 2020, September 8, 2020, November 2, 2020, January 4, 2021, March 1, 2021, May 17, 2021, July 19, 2021, September 20, 2021, November 15, 2021, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, and September 19, 2022, per Resolutions No. 2020-33, 2020-50, 2020-75, 2020-96, 2020-113, 2021-9, 2021-24, 2021- 63, 2021-103, 2021-129, 2021-172, 2021-185, 2022-5, 2022-15, 2022-28, 2022-39, 2022-52, 2022-71, 2022-88, 2022-104, and 2022-110 respectively, the City Council of the City of Foster City extended the period of the existence of a Local Emergency for an additional 60 days or unless sooner terminated; and
WHEREAS, San Mateo County had completed the variance process as set forth by the California Department of Public Health on June 15, 2020, allowing the County for a gradual re-opening to match the maximum as allowed by the State’s Resilience Roadmap; and
WHEREAS, although collective efforts taken to date regarding this public health emergency have slowed the virus’ trajectory, the emergency and the attendant risk to public health remain significant; and
WHEREAS, San Mateo County was added to the State’s monitoring list on July 29, 2020 and since then ranked in the Purple or Widespread risk level on August 28, 2020, in the Red or Substantial risk level on September 22, 2020, in the Orange or Moderate risk level on October 27, 2020, and in the Red or Substantial risk level on November 17, 2020; and
WHEREAS, San Mateo County then rolled back to the Purple or Widespread risk level on November 29, 2020 and a Limited Stay at Home order went into effect on November 30, 2020, with a Regional Stay at Home order to follow on December 17, 2020; and
WHEREAS, once the Regional Stay at Home order was lifted, San Mateo County rolled back to the Purple or Widespread risk level on January 25, 2021, moving into the Red or Substantial risk level on February 24, and then into the Orange or “Moderate” risk level on March 17; and
WHEREAS, the State has transitioned away from the Blueprint for a Safer Economy beginning June 15, 2021; however, the conditions creating the local emergency have not entirely abated, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations; and
24 WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on October 18, 2021 the City Council adopted City Resolution No. 2021-155 proclaiming the continuing need for the City Council, Planning Commission and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foster City:

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

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

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

4. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic and have began conducting hybrid meetings in accordance with Government Code section 54953(e).

5. The State of California and the City of Foster City continue to follow safety 25 measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.

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

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

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
26 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT PROCLAIMING THE CONTINUING NEED FOR THE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS,

PLANNING COMMISSION, AND COMMITTEES TO MEET BY TELECONFERENCE

AND ALLOWING FOR INCREASED MEETING ACCESSIBILITY VIA IN PERSON AND

TELECONFERENCE MEETING PARTICIPATION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic and such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, on October 28, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, and September 19, 2022 per Resolutions No. 3610, 3621, 3624, 3630, 3634, 3637, 3644, 3646, 3655, 3666, 3675, and 3680 respectively, the EMID Board of Directors proclaimed the continuing need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to meet by teleconference and allowed for increased meeting accessibility via in person and teleconference meeting participation; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Estero Municipal Improvement District finds that:

1. The Estero Municipal Improvement District Board of Directors (EMID Board) hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the EMID Board.

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

3.The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic, and have began conducting hybrid meetings in accordance with Government Code section 54953(e).

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

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

BE IT FURTHER RESOLVED, that the EMID Board of Directors determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person. 28 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 17 th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
29 Attachment 3
NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Monday , October 3 , 2022

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

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

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

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

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

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

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

June 17, 2020 The County of San Mateo Public Health Officer rescinded the shelter in place order and replaced it with the Safer Community Order. The Safer Community Order align ed County of San Mateo with the State’s Resilience Roadmap and limits gatherings to no more than 50 people, outline d social distancing and face covering requirements, allow ed for "social bubbles," and requir ed businesses to implement a social distancing protocol and written health and safety plans.

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

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

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

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

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

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

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

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

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

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

March 17, 2021 County of San Mateo moved into the orange tier rank or "moderate" county risk level. 30 April 2, 2021 The California Department of Public Health and the Centers for Disease Control and Prevention released updated guidance recommending delaying travel until persons are fully vaccinated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

October 18, 2021 City of Foster City/EMID adopts resolutions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without 31 interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable, under AB 361.

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

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

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

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

February 16, 2022 Indoor masking is no longer required by the State or County, except for unvaccinated individuals. Everyone, regardless of vaccination status, must continue to mask indoors in high- risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.

March 7, 2022 The City Council returned to in-person hybrid public meetings.

March 14, 2022 Indoor masking is no longer required, though strongly encouraged, at City facilities.

April 6, 2022 California Department of Public Health updated is guidance so that masking in schools is no longer required, though strongly encouraged.

April 18, 2022 Federal judge issues ruling that masks are no longer required on public transportation conveyances and at transportation hubs.

June 18, 2022 The CDC approved COVID-19 vaccinations for children at least 6 months of age.

June 30, 2022 San Mateo County was moved from the Medium/Yellow to the High/Red CDC COVID -19 Community Level category.

August 18, 2022 San Mateo County was moved from High/Red to Low/Green CDC COVID-19 Community Level category.

September 13, 2022 Updated, bivalent booster s, which are effective against the primary and Omicron strains of COVID-19, became available through San Mateo County Health.

32

Attachment 4

NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Update d: Monday , October 3 , 2022

OVERALL OBJECTIVE: To keep the community safe, reduce the risk of transmission, and help slow the spread novel Coronavirus (COVID -19)

OBJECTIVE ACTION ITEMS STATUS

TO MAINTAIN COMPLIANCE WITH PUBLIC

HEALTH ORDERS FROM THE COUNTY AND

STATE (SHELTER IN PLACE/STAY AT HOME)
Monitor the evolving COVID -19 situation and work closely with the County and neighboring jurisdictions
• Update Countywide Matrix with operational changes (Last Updated 03/18/20) • Participate in conference calls which includes Elected Officials, City Managers, City Attorneys, Public Safety (Daily Until 03/25/20; Monday, Wednesday, Friday Until 05/18/20; Wednesday & Friday Until 06/24 /20; Wednesday Until 10/21/20; Transitioned to Every 2 Wednesdays Until 06/09/21, Ending Thereafter) • Participate in Special Briefings which includes Elected Officials, City Managers, and Public Safety as needed (01/13/22)
• Nexus with City Attorney/County Counsel for Guidance (As Needed) • Update 211 Bay Area (a program of United Way Bay Area) with City Updates Ongoing
Work in alignment with SMC Fire (Member Agencies) to coordinate response • Proclamation of Local Emergency (City Manager/Director of Emergency Services Proclaimed on 03/16/20; City Council Ratified on 03/18/20 ; Extended on 04/06/20 , 06/01/20, 07/20/20, 09/08/20, 11/02/20, 01/04/21, 03/01/21, 05/17/21, 07/19/21 , 09/20/21, 11/15/21, 12/13/21 , 01/18/22, 2/22/22 , 3/21/22, 4/18/22, 5/16/22 , 6/20/22, 7/18/22, 8/15/22, and 9/19/22.
• Joint, Multiagency Emergency Operation Center (Activated on 03/16/20; Transitioned from Assigned Foster City Liaison to Multiple Staffed Positions; Transitioned to Virtual EOC on 05/11/20; Closed EOC on 05/29/20)
o Daily Emergency Action Plan (EAP) prepared and distributed by EOC o Daily Situation Status Report (SIT STAT) created and distributed by EOC Ongoing
33

Implement adjustments to City services and operations in response to Public Health Orders • Order No. c19-2, dated March 12, 2020
o Cancelled all non-essential meetings, events, and large gatherings through month of March
o Issued refunds for voluntary cancellations
o No longer accepted new facility reservation requests
o Implemented social distancing measures for any upcoming, essential meetings
o Restricted non-essential travel for all employees
o Encouraged public to utilize City services available online, over-the -phone, and/or email
• Order No. c19-5, dated March 16, 2020
o City Facilities Closure through April 7, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Transitioned all future City Council and Planning Commission meetings to be conducted via teleconference/video conference
o Cancelled all classes and programs through April 7, 2020 o Transitioned employees to telework/remote
• Order No. c19-5b (Revised), dated March 31, 2020
o City Facilities Closure through May 3, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Extended limitations to recreational activity spaces, with only park pathways and open green space (nonathletic fields) remaining opening o Cancelled all non-essential meetings and events through May 3, 2020 o Issued stop work orders to cease all non -essential construction activity immediately
o Posted required Social Distancing Protocol and Signage • Health Recommendation (to Cover Face), dated April 2, 2020 o All essential workers on-site, in-field to follow same recommendations and be an example to the community by wearing appropriate coverings at all times • Order No. c19-8, dated April 17, 2020
o All employees to have face coverings at all times, when working with others and in are as that are frequented by your co -workers, including hallways, restrooms, stairways, lunch and break rooms, and other shared spaces. • Order No. c19-5c (Revised), dated April 29, 2020
o City Facilities Closure through May 31, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Cancelled all non-essential meetings and events through May 31, 2020 Ongoing
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o Construction, landscaping and gardening work allowed to resume o Posted required, updated Social Distancing Protocol and Signage o Developing phased reopening of City facilities based on evaluation of easing of restrictions within Order
• Order No. c19-5d (Revised), dated May 15, 2020
o Developed phased reopening of City facilities based on evaluation of easing of restrictions within Order , with outlined protocols and best practices on preventative measures, site- specific changes, reconfigurations, screening, cleaning/disinfecting, communication & posting, etc.
o Outdoor facilities with high -touch equipment or that en courage gathering must remain closed to public access. Such facilities include playgrounds, gym equipment, climbing walls, picnic areas, dog parks, spas, and barbecue areas. o Removal of previous order’s limit on travel for recreational activities to within 10 miles from home
• Order No. c19-8b (Revised), dated May 19, 2020
o All members of the public and workers to wear face coverings at all times • Order No. c19-5e (Revised), dated May 28, 2020
o Additional activities allowed, including places of worship, retail, car parades, and protests
o Reopened four (4) pickleball and two (9) tennis courts; implementing reservation system and active monitoring by City staff
o Cancelled all non-essential meetings and events through June 30, 2020 o Reevaluated all major City special events (such as Fourth of July, Summer Concerts, and Summer Days) and proposed plans for events in virtual, modified formats
• Order No. c19-5f (Revised), dated June 4, 2020
o Additional activities allowed, including outdoor dining, charter boat operations, and funerals
o Reopened beach parks, boat docks, two (2) walking tracks, and parking lots of all (except one) park sites
o Developed visitor protocols to provide guidance on requirements and expectations of those seeking in-person services, with outlined protocols and best practices on preventative measures, self -health assessments, face covering and social distance requirements, capacity levels, etc. o More employees reintroduced into the workplace; implementation of appointment scheduling software to allow in- person services beginning June 15, 2020
• Order No. c19-11, dated June 17, 2020
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o Limits gatherings to no more than 50 people, outlines social distancing and face covering requirements, allows for social bubbles of no more than 12, and requires businesses to implement a social distancing protocol and written health and safety plans
o Reopened all pickleball and tennis courts, as well as removed reservation system and active monitoring by City staff
o Reopened bocce ball courts and volleyball courts
o Reopened park restrooms at five (5) locations
o More employees to be reintroduced into the workplace; however reopening of all City facilities postponed until further notice
• County Added to State Monitoring List, July 29, 2020
o Shut down of certain industries or activities, unle ss modified to operate outside
o City temporarily suspends code enforcement actions against businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices that are not currently permitted to provide outdoor operations o Skate park reopened on August 14, 2020
• County Ranked Purple in State’s New Color-Coded Reopening System, August 28, 2020 o Effective August 31, all retail and shopping centers can open at 25% capacity, and all hair salons and barbershops can resume indoor operations • County Ranked Red in State’s New Color -Coded Reopening System, September 22, 2020
o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people) o Schools one step closer to reopening (only after two weeks in Tier 2/Red) • CA Department of Public Health New Guidance on Playgrounds and Outdoor Recreational Facilities, September 28, 2020
o Playgrounds, basketball courts, all park bathrooms, the Fitness Court, and the Skate Park to reopen, with restrictions, on October 8
o Parks staff preparing for reopening of amenities by sanitizing all playgrounds and removing fencing
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• County Ranked Orange in State’s Color-Coded Reopening System, October 27, 2020 o Indoor family entertainment centers, outdoor bars and breweries not o serving food, indoor climbing walls and certain other businesses and activities to open with capacity restrictions
o Dine-in restaurants, movie theaters, places of worship and additional businesses can boost their indoor capacities as well
• Order No. c19-7c (Revised), dated October 29, 2020
o Updated orders for individuals who are close contacts of a positive case (for quarantine) or who have tested positive for COVID -19 (for isolation), along with instructions for home quarantine and home isolation o Specific rules applicable to health care workers and first responders • County Ranked Red in State’s Color-Coded Reopening System, November 17, 2020 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Purple in State’s Color-Coded Reopening System, November 29, 2020 and Limited Stay at Home Order, starting November 30, 2020 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
o Prohibited resid ents from leaving their homes to gather with other households from 10 p.m. to 5 a.m.
• Regional Stay at Home Order, starting December 17, 2020 o Prohibits private gatherings of any size, except for outdoor church services and political demonstrations.
o Restaurants must stop offering in -person dining and can offer only take -out and delivery.
o Many businesses and activities must close, including salons and barbershops. o Retail can remain open at 20 percent capacity.
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o Nonessential travel and the use of hotels or short -term rentals for leisure is banned.
• County Ranked Purple in State’s Color-Coded Reopening System, January 25, 2021 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
• County Ranked Red in State’s Color-Coded Reopening System, February 24, 2021 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Orange in State’s Color-Coded Reopening System, March 17, 2021 o Restaurants indoors (max 50% capacity or 200 people, whichever is fewer) o All retail/shopping indoors (open with modifications, closed common areas and reduced capacity in food courts)
o Museums, zoos and aquariums (max 50% capacity)
o Places of worship (max 50% capacity or 200 people, whichever is fewer) o Movie theaters indoors (open with modifications)
o Gyms and fitness centers indoors (max 25% capacity, indoor pools and climbing walls open)
• CA Department of Public Health New Guidance on Travel, April 2, 2021 o CDPH and the CDC recommend delaying travel until persons are fully vaccinated. Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.
• Governor Gavin Newsom outlines the State’s next step in the COVID- 19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met. • CA Department of Public Health New Guidance on Gatherings and Live Events, April 15, 2021
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o For the Orange Tier starting on April 15, outdoor gathering size increases to 50 people.
o For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people.
o Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in -state visitors.
• CA Department of Public Health New Guidance on Use of Face Coverings, May 3, 2021 o For fully vaccinated persons, face coverings are not required outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings. o For unvaccinated persons, face coverings are required outdoors any time physical distancing cannot be maintained, including when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings.
o In indoor settings outside of one's home, including public transportation, face coverings continue to be required regardless of vaccination status, except as outlined below.
• County Ranked Yellow in State’s Color-Coded Reopening System, May 12, 2021 o Allows expanded capacity at restaurants, gyms, movie theaters, indoor businesses and a host of other operations.
o Bars that do not serve food can reopen indoors with a maximum capacity of 25 percent or 100 people, whichever is fewer.
• California officially reopens and moves “ Beyond the Bluep rint,” which ends the the color-coded reopening tier systems and lifts most restrictions on businesses. The County of San Mateo fully aligns with all state COVID -19 health and safety guidelines and has no plans to impose separate guidance.
o Most County of San Mateo offices opened to the public on June 15, 2021. o City of Foster City reopens Council Chambers and begins hybrid in-person and virtual City Council meetings on July 19, 2021.
o City of Foster City reopens City Hall to general public for walk -ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday, on July 26, 2021.
o City of Foster City reopens Recreation Center and begins offering indoor programs again on August 9, 2021.
• Order No. c19-12, dated August 3, 2021
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o Directs that face coverings shall be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference centers and government offices serving the public.
• Governor Gavin Newsom signs Assembly Bill 361 on September 16, 2021, as the provisions of Executive Order No. N- 29-20 (as revised by Executive Order No. N -08- 21), which modifies the requirements for conduct ing meetings via teleconference during the COVID-19 pandemic, expires on September 30, 2021. • County Health issues criteria for lifting COVID -19 indoor masking requirements to allow organizations to set those requirements independently , when all of the following are achieved, October 7, 2021:
o The rate of COVID-19 transmission reaches the “moderate” or yellow tier and remains there for at least three weeks; AND
o The number of people hospitalized for COVID -19 is low and stable in the judgement of local health officials; AND
o The percent of the total population that is fully vaccinated – two doses of Pfizer or Moderna or one dose of Johnson & Johnson – reaches 80 percent OR eight weeks have passed since a COVID -19 vaccine has been authorized for emergency use by federal and state authorities for 5- to 11-year-olds. • CA Department of Public Health Statewide Mandate on Masks, December 15, 2021 o Requiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022
• In alignment with the State, San Mateo County will rescind indoor mask requirements effective February 16, 2022 . Unvaccinated individuals will still be required to mask indoors. Everyone, regardless of vaccination status, will be required to mask indoors in high-risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.
o City of Foster City reopens Council Chambers and returns to hybrid in-person and virtual City Council meetings on March 7, 2022.
o Indoor masking, though strongly encouraged, is no longer required at City facilities effective March 14, 2022.
• On April 6, 2022, the California Department of Public Health updated its guidance so that masking is no longer required in schools, though strongly encouraged. • On April 18, f ederal judge issues ruling that masks are no longer required on transportation conveyances and at transportation hubs.

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OBJECTIVE ACTION ITEMS STATUS

TO P ROVIDE ESSENTIAL SERVICES AND

CONTINUITY OF CITY OPERATIONS WITH

MINIMAL DISRUPTION (TO EXTENT

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

OBJECTIVE ACTION ITEMS STATUS

TO EFFECTIVELY COMMUNICATE,

EDUCATE, AND INFORM THE COMMUNITY
Provide reliable information to the community that is uniform and consistent with the County & State guidelines
• Participate in PIO conference calls
• Share information as released by County in an effort to centralize resources • Coordinate messaging with SMC Fire (Member Agencies) for consistency • Create landing page of COVID -19 general information on City website – https://www.fostercity.org/covid19
• Create landing page of COVID-19 available City services online and by appointment on City website – https://www.fostercity.org/citymanager/page/citywide-services • Create landing page of COVID -19 response/programs on City website – https://www.fostercity.org/citymanager/page/foster-city-covid-19-response • Create landin g page of COVID -19 business resources on City website – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Enable alert on top header of City website with latest City update on COVID-19 • Enable spotlight on City website main page directing to COVID-19 landing page Ongoing
Provide messaging that increases public awareness of mandatory precautionary measures and available resources for the community
• Signage –
o City Facilities Closures – Posted at Building Entrances, Gated Park Facilities, Playgrounds, Bathrooms, etc.

Ongoing
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o Electronic Board (for Social Distancing) – Placed on Levee Pedway o Chalk Markings (for Social Distancing) – 6 Feet Markers on Levee Pedway o Metal Signage (for Social Distancing) – Posted Along Levee Pedway o City Facilities Requirements – Face Coverings, Social Distancing Guidelines/Floor Markers, Limited Capacity in Common Spaces, etc. • FCTV Bulletin – Updated with COVID-19 Information
• Electronic Marquee – Updated with COVID-19 Information • Press Releases –
o March 11, 2020
o March 13, 2020
o March 15, 2020
o March 16, 2020
o April 3, 2020
o April 8, 2020
o April 22, 2020
o April 23, 2020
o April 30, 2020
o May 27, 2020
o June 3, 2020
o October 7, 2020
o June 2, 2021
o June 17, 2021
o July 16, 2021
o July 28, 2021
o October 28, 2021
o January 5, 2022
o February 18, 2022
o March 8, 2022
• Videos/Public Service Announcements –
o Letter from Mayor (Released 03/18/20)
o Video from Mayor (Released 03/26/20)
o Letter from Mayor (Released 03/31/20)
o Joint PSA with SMC Fire Member Agencies (Released on 04/10/20) o COVID-19 Relief Program (Released 05/14/20)
o Summer Safety Message from City Council (Released 06/04/20) o Congratulations to Class of 2020 (Released on 06/09/20) o Visit City Hall Online (Released 07/01/20)
o Submit Permits Online (Released 07/01/20)
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o Wear a Mask (Released 08/11/20)
• E-Newsletter/Weekly City Update –
o March 26, 2020
o April 1, 2020
o April 10, 2020
o April 16, 2020
o April 23, 2020
o May 1, 2020
o May 7, 2020
o May 14, 2020
o May 21, 2020
o May 28, 2020
o June 4, 2020
o June 11, 2020
o June 18, 2020
o June 25, 2020
o July 1, 2020
o July 9, 2020
o July 16, 2020
o July 23, 2020
o July 30, 2020
o August 6, 2020
o August 13, 2020
o August 20, 2020
o August 27, 2020
o September 3, 2020
o September 10, 2020
o September 17, 2020
o September 24, 2020
o October 1, 2020
o October 8, 2020
o October 15, 2020
o October 22, 2020
o October 29, 2020
o November 5, 2020
o November 12, 2020
o November 19, 2020
o November 26, 2020
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o December 3, 2020
o December 10, 2020
o December 16, 2020
o December 31, 2020
o January 7, 2021
o January 15, 2021
o January 21, 2021
o January 28, 2021
o February 4, 2021
o February 11, 2021
o February 18, 2021
o February 25, 2021
o March 4, 2021
o March 11, 2021
o March 18, 2021
o March 25, 2021
o April 1, 2021
o April 8, 2021
o April 15, 2021
o April 22, 2021
o April 29, 2021
o May 6, 2021
o May 13, 2021
o May 20, 2021
o May 27, 2021
o June 3, 2021
o June 10, 2021
o June 17, 2021
o June 24, 2021
o July 1, 2021
o July 8, 2021
o July 15, 2021
o July 22, 2021
o July 29, 2021
o August 5, 2021
o August 12, 2021
o August 19, 2021
o August 26, 2021
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o September 2, 2021
o September 9, 2021
o September 16, 2021
o September 23, 2021
o September 30, 2021
o October 7, 2021
o October 14, 2021
o October 21, 2021
o October 28, 2021
o November 4, 2021
o November 10, 2021
o November 18, 2021
o November 24, 2021
o December 2, 2021
o December 9, 2021
o December 16, 2021
o December 22, 2021
o December 29, 2021
o January 13, 2022
o January 27, 2022
o February 10, 2022
o February 24, 2022
o March 10, 2022
o March 24, 2022
o April 14, 2022
o April 28, 2022
o May 12, 2022
o May 26, 2022
o June 9, 2022
o June 23, 2022
o July 14, 2022
o July 28, 2022
o August 11, 2022
o August 25, 2022
o September 8, 2022
o September 22, 2022
• Recology Billing Mailer –
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o June: “We’re in this together, Foster City! Thank you for helping slow the spread of COVID-19. Practice social distancing of at least 6 feet, wear a face covering, and wash your hands frequently. Follow Foster City news and updates at www.fostercity.org/covid19.”
o August: Flyer – “It’s up to all of us, Foster City”
Participate in opportunities for community education whenever possible • City Manager provided COVID-19 update to Rotary Club on 03/25/20 (via Zoom) • Patrol Officers to educate public whenever responding to/enforcing violation reports • Police Chief to host Community Connect/FCPD Virtual Station Tour/Live Q&A event on 04/16/20 (via Facebook Live)
• City Manager and Mayor provided update to Foster City Village on 03/23/21 (via Zoom)
• Partnered with Congresswoman Speier to host a week-long “In America: Remember” exhibit honoring San Mateo County residents who died of COVID-19 from 11/07/21 to 11/14/21
Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO SUPPORT NEEDS OF VULNERABLE/AT-

RISK POPULATIONS, MOBILIZING

COMMUNITY-BASED ORGANIZATIONS,

NON-PROFITS, AND PRIVATE SECTOR
Work in partnership with community-based organizations and/or non-profits to help support needs of at-risk populations
• Volunteers at-Large: Direct all volunteer inquiries to County for centralized deployment system – https://www.surveymonkey.com/r/WSXH6PZ • Senior Services:
o Rotary Club Senior Meals Program – Generally, first and third Tuesday of the month; however, suspended until further notice as they have a highly social aspect to them.
o Foster City Village – A ctively conducting Meals on Wheels (Mon day-Friday), providing transportation to urgent medical appointments, picking up prescriptions, and conducting their “We Care” program where FCV volunteers make phone calls to their members as a friendly, supportive check in o Foster City Village – City Council allocated $5,000 on 04/06/20 to help provide protective supply purchases, grocery b ag deliveries, food distributions, and gasoline cards for volunteer drivers. These measures will help with additional expenses incurred by the Village as they continue operations while protecting our seniors during the pandemic.
o Senior Shopping Hours – Foster City Safeway (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Target at Bridgepointe (Tuesdays and Wednesdays from 8:00 AM-9:00 AM), Lucky Supermarkets (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Costco (Tuesdays and Thursdays from 8:00 AM-9:00 AM), Ongoing
46

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

Collaborate with the County, SAMCEDA, and Foster City Chamber of Commerce to understand impacts of COVID-19 on businesses and develop financial assistance programs that can offer immediate relief as needed
• Issued survey to businesses to better understand economic impacts of COVID -19 – https://www.surveymonkey.com/r/BXH6H86
• Built Business Resources Page on City website that includes latest updates – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Built directory of businesses open/available for delivery or pick -up – https://local.fostercity.org/
• Help promote San Mateo County Strong Fund, donation f und to help residents, nonprofit organizations and small businesses – https://www.smcstrong.org/ • Evaluated U.S. Senate Bill S.3548 - Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and an informational report was provided to the City Council on 04/06/20.

Ongoing
47

• Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses ) approved by City Council on 04/06/20.
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider options f or Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Participated in Chamber of Commerce “Chamber Cares Initiative” Weekly Meeting re:

COVID-19 Impacts on Non-Profits 06/16/20
• Outdoor dining temporarily allowed for restaurants looking to provide outdoor dining service and suspend ed Code Enforcement a ctions approved by City Council on 07/06/20
• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • Outdoor services temporarily allowed for businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices , and suspended Code Enforcement actions approved by City Council on 07/31/20
• Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) • Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Restaurant, Brewery & Winery Relief, relief f und to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief • Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21 -03/11/21; findings received and accepted by City Council on 04/19/21
• Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 48

• Helped promote living!LOCAL Holiday Marketplac e by Chamber of Commerce to highlight local goods and services, and benefitting both shoppers and family -run businesses – https://www.whimlocal.com/event/livinglocal/feed • Helped promote Microfood Business Grant Program to help microfood businesses that have not received assistance from the County COVID -19-relief programs in the past 12 months – https://www.smcstrong.org/archivedapplyforfunding Continue dialogue with hotels to understand impacts of COVID-19 on occupancy and consider use of hotels as alternative care facilities
• Connected Nathan Tsai (owner of Crowne Plaza and Towne Place Suites) with County Manager Mike Callagy regarding 650 rooms available
Ongoing
Address risks of homelessness and/or displacement
• Countywide eviction moratorium ordinance; resolution adopting an Emergency Regulation, Pursuant to Section 8634 of the Government Code and Chapter 2.46 of the San Mateo County Ordinance Code, establishing a temporary, countywide moratorium on eviction for non -payment of rent by residential tenants directly impacted by the COVID -19 pandemic; extended through July 28 , 2020 by Board of Supervisors on 06/23/20
• Temporary countywide eviction moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic through August 31 and extended the time period in which delayed payments shall be made; amendment to Emergency Regulation approved by Board of Supervisors on 08/04/20 • Allocation of $1 million to the San Mateo County Emergency Financial Assistance Program (ERAP) and continued outreach for the state Emergency Rental Assistance Program to help residents impacted by COVID -

19. Eligible applicants include
renters/tenants those who have experienced financial hardship due to COVID -19, have past due rent or utilities, and have a household income that is not more than 80% of the area median income, as well as property owners/landlords with income - eligible renters. Approved by Board of Supervisors on 06/29/21 Passed on
03/24/20;
06/23/20;
08/04/20
Support mental wellness/wellbeing of the Foster City Community • Promote and expand on Virtual Recreation and Resource Center to keep community engaged and active – https://www.fostercity.org/parksrec/page/virtual-r ecreation- and-resource-center
• Promoted San Mateo County Psychological Association (SMCPA) Virtual Town Halls (04/05/20 and 04/09/20)
• Participated in ‘Thank You Event’ at San Mateo Medical Center with SMC Fire Member Agencies, Public Safety Personnel, City Staff, and Legislative Officials (05/04/20) Ongoing
Build out database for Countywide Community Evacuation Interface to support mass shelter in place and assist with information sharing – https://community.zonehaven.com/ Ongoing
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• Assigned liaison to support data needs, provide resources, and update map

OBJECTIVE ACTION ITEMS STATUS

TO FOSTER A SAFE WORKPLACE AND

ENABLE THE EMPLOYEE BASE TO

PERFORM
Scale workforce to essential functions only and transition employees to telework/remote to extent possible
• Distributed Teleworking Policy and Form to all employees (March 2020 and December 2020)
• Staffing levels/schedule established on a weekly/monthly basis (dependent on department)
• Provided regular updates to all employees via City Manager and Human Resources (issued 11 internal memos to -date) and Management Team Meeting (on 05/27/20) and All-Hands Meeting (on 05/28/20, 07/29/20, and 12/15/20) • Provided regular updates to City staff via bimont hly City Manager update “The Bulletin” (First and Third Fridays of Each Month); transitioning to monthly updates in 2021
• Shared information on Families First Coronavirus Response Act • Provided tools for all employees to effectively work remotely (with IT A ssistance); includes equipment issuance, tele/video conferencing tools such as Microsoft Teams and Zoom, and web -based Employee Resource Page –
https://www.fostercity.org/employees
• Established ‘Return t o Work Taskforce ’ and Developed ‘Employee Return to Work’ Policy
• Developed ‘Adaptable Work Schedule Program’
Ongoing
Ensure safety of front-line/essential personnel, i.e. first responders • Ensure personnel are equipped with PPE and are able to minimize in -person interactions whenever possible (reduced access to Police & Fire Departments, alternate teams/shifts, etc.)
• Provide accommodations for quarantining/isolation by coordinating with County EOC • Provide resources to COVID -19 testing if needed through https://verily.com/ or https://www.projectbaseline.com/study/covid-19/
• Provide childcare options for front -line/essential personnel, i.e. first responders – https://sanmateo4cs.org/
o Shared survey to gather information and better assess needs jurisdiction – https://www.surveymonkey.com/r/SMC_COVID19_childcare
• Implemented self-health assessment/screening requirement at entry points; including installation of thermal scanners at City Hall and Police Department • Posted required Social Distancing Protocol and Signage at City facility entrances and share information with all employees
Ongoing
50

• Informed all employees of Face Covering Requirement; providing supply of masks if necessary
• Departments coordinating with ‘Return to Work Taskforce’ for site- specific modifications/adaptations (including spacing and health/sneeze guards) ; as well as visitor safety protocols
• Acquired donation of ~5,000 cloth face coverings through U.S. Conference of Mayors ‘Masks for Mayors Initiative’
• Sanitation station/supplies set up in various locations throughout City facilities • Acquiring COVID-19 at-home/self-test kits through County for public safety personnel

OBJECTIVE ACTION ITEMS STATUS

TO PROVIDE LONG -TERM STRATEGIC
PLANNING IN RESPONSE TO COVID -19

AND POTENTIAL IMPACTS TO CITY

OPERATIONS
Continue to monitor and work with the County to understand trajectory of COVID-19 and how it may impact City operations and needs of the community • Modeling data will be used a basis to prepare for contingencies where needed and to prepare for reopening of economy/transition to normal operations through phased approach
• Assigned representative to County’s Long-Term Strategic Planning Taskforce • Created ‘Return to Work Taskforce’ to develop policy/strategy for reopening City facilities; as well as policy/safety protocols for visitors & members of the public • Created ‘Parks Reopening Taskforce’ to develop policy/strategy for reopening park facilities
• Overview of San Mateo County Recovery Initiative presented to City Council on 10/05/20 and report accepted by Board of Supervisors on 10/06/20 Ongoing
Evaluate and consider additional actions that are recommended or may be required dependent on outcome/progression of COVID-19 situation; including (but not limited to):
• Extension of City Facilities Closure (TBD; Based on Public Health Order and Until Further Notice)
• Suspend or Freeze Shut -Offs/Disconnection of Water Service for Non -Payment (Currently in Effect)
• Waiver of Credit Card Fees for Online Payment of Utilities Through June 30, 2020 (Approved by City Council on 04/06/20)
• Explore Feasibility of Charging Tier 1 Rates for Water Service (No Longer Pursuing Due to Minor Cost Difference)
• Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses) approved by City Council on 04/06/20.

Ongoing
51

• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider Options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Freeze Hiring/New Recruitments and Filling of Vacant Positions (Currently in Effect) • Initiated Friendly Streets, Foster City Initiative, dedicating approximately a 1.75 mile stretch of road on northbound Beach Park Boulevard for bicyclists and runners. One lane will be barricaded off from cars to allow bicyclists and runners to safely use the designated detour. In parallel with the detour, this stretch of Levee Pedway is reserved for walking only. (Approved by City Council on 04/06/20) [DISCONTINUED] • Expanded Friendly Streets, Foster City Initiative to extend lane closure on Beach Park Boulevard from Teal Street to Gull Avenue ( Approved by City Council on 05/11/20) [DISCONTINUED]
• Allocated $20,000 total ($10,000 each) to the San Mateo -Foster City Elementary School District /Community Education Foundation for its Free Meal Program and Mobile Hotspot/Wi-Fi for Distance Learning (Approved by City Council on 05/11/20) • COVID-19 Recovery Planning Update provided at City Council Vision & Policy Summit (on 06/04/20)
• Outdoor Dining Temporarily Allowed for Restaurants Looking to Provide Outdoor Dining Service and Suspen ded Code Enforcement Actions ( Approved by City Council on 07/06/20)
• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • Outdoor Services T emporarily Allowed for Businesses (such as salons/barbers, personal care services, gyms/fitness centers, and offices) and Suspended Code Enforcement Actions (Approved by City Council on 07/31/20) • Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) • Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
52

• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief • Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21 -03/11/21; findings received and accepted by City Council on 04/19/21
• Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 Monitor revenue impacts , e xplore options for expenditure reductions , and seek financial assistance/opportunities for cost recovery of funds
• Track damage estimates and expenditures related to COVID-19 • Log personnel time on Form 214s in relation to COVID-19 incident response • Submit “Request for Public Assistance” through California Governor's Office of Emergency Services (Cal OES) Recovery Section for F ederal Emergency Management Agency’s (FEMA's) Public Assistance Program (Submitted on 04/02/20) • Seek approval of the “Designation of Applicant's Agent R esolution for Non -State Agencies” for the Purpose of Cost Recovery Eligibility (Approved by City Council on 04/06/20)
• Discussed City financial impacts related to COVID-19 (04/20/20 City Council Meeting) • Discussed p rojected financial impacts of COVID -19 bey ond the current fiscal year (05/11/20 Budget Study Session)
• Hired MGT Consulting for consultant services for COVID-19 CARES/FEMA Disaster Cost Recovery (08/24/20)
• Quarterly updates on City’s economic performance and impacts related to COVID-19, including s trategies to close long -term structural deficit (09/08/20 City Council Meeting)
Ongoing

53 DATE: October 17, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director

SUBJECT: AWARD OF A MASTER AGREEMENT WITH SELECTED
THREE (3) CONSULTANTS FOR PROFESSIONAL ON-CALL

ENVIRONMENTAL AND MATERIALS TESTING SERVICES

RECOMMENDATION

It is recommended that the City Council/EMID Board of Directors (City Council) adopt the attached resolutions authorizing the Mayor/President to execute master agreements with Apex Testing Laboratories Inc. (Apex), Construction Testing Services (CTS), and Huffman-Broadway Group, Inc. (HBG) for a three year term for professional on-call environmental and materials testing services with authority given to the City/District Manager (City Manager) to extend the agreement on an annual basis for up to two additional years.

EXECUTIVE SUMMARY

The Public Works Engineering Division is responsible for the delivery of the City's Capital Improvement Projects (CIPs). The Department uses consultants on CIP projects as well as for review of private development projects, and for on-call as needed services to assist staff in specific areas of technical and professional expertise. The approval of the attached master agreements will provide professional support for current and future CIPs as well as support ongoing programs overseen by the Engineering Division.

54 On July 18, 2022, the City Council adopted City Council Resolution 2022-87 and EMID Resolution 3665 authorizing the execution of Master Agreements to eleven firms across five (5) disciplines (Land Surveying, Civil Engineering, Traffic Engineering, Environmental Support, and Materials Testing Services). Three of the Master Agreements that were approved at that meeting required edits that were not incorporated into the versions that were approved by the City Council. The City Attorney directed that the proposed edits, although minor in some cases, required re-approval of the governing body. Approval of the attached resolutions tonight will formalize the City Council’s original intent to award these contracts.

BACKGROUND

The City utilizes consultants for professional engineering services and other specialty professional services on CIPs and private development projects, to support the operations of the Public Works Department as a standard practice. Services provided assist staff in specific areas of technical and professional expertise.

At its July 19, 2021 City Council meeting, the City Council adopted City Council Resolution No. 2021-108 and EMID Resolution No. 3594 authorizing staff to issue the request for proposal/qualifications (RFP/Q) and initiate the consultant selection process for program management, construction management, engineering, architectural, and other professional services in a total of ten (10) different professional service categories. An evaluation committee consisting of Engineering staff reviewed and scored the proposals.

The selected firms were determined to be well qualified, in addition to meeting the criteria established by the RFP/Q.

At its July 18, 2022 City Council meeting, the City Council adopted City Council Resolution No. 2022-87 and EMID Resolution No. 3665 authorizing the execution of Master Agreements with eleven (11) firms to provide professional services in five (5) different professional service categories. When the agreements were routed for signature, it was discovered that three of the agreements did not reflect agreed upon edits that were negotiated with the respective firms.

ANALYSIS

The proposed revisions to the Master Agreements were reviewed and approved by the City Attorney and the City’s Risk Manager, but not included 55 in the versions of the documents that were approved by the City Council on July 18, 2022. Following are the identified edits:

1. Apex Agreement
a. Professional Liability Insurance – Reduce the policy limit requirement from two million dollars per occurrence and four million dollars aggregate to one million dollars per occurrence and one million dollars aggregate. It was determined that for the nature of the work, the reduced amount would be adequate. b. Section 3 – Added language referencing that City/District shall pay invoices within 30 days of receipt.
c. Section 11 – Added duty to defend language excepting liabilities from alleged professional negligence.
d. Automobile Liability Insurance – Reduce the policy limit requirement from two million dollars per occurrence to one million dollars per occurrence.

2. CTS Agreement
a. Section 3 – Added language referencing that City/District shall pay invoices within 30 days of receipt.
b. Section 11 – Added duty to defend language excepting liabilities from alleged professional negligence.
c. Automobile Liability Insurance – Reduce the policy limit requirement from two million dollars per occurrence to one million dollars per occurrence.

3. HBG Agreement
a. Automobile Liability Insurance – Reduce the policy limit requirement from two million dollars per occurrence to one million dollars per occurrence.
b. Professional Liability Insurance – Reduce the policy limit requirement from four million dollars aggregate to three million dollars aggregate.
c. General Liability Insurance – Reduce the policy limit requirements from five million dollars per occurrence and five 56 million dollars aggregate, to three million dollars per occurrence and three million dollars aggregate.

Staff requests approval of the attached three agreements with the proposed edits. No additional edits to the agreements are recommended or included in the attachments.

The master agreements specify the billing rates, personnel to be assigned, and other terms as identified in the City’s standard professional services agreement. Each agreement will be for a term of three (3) years from October 17, 2022, through October 16, 2025, with an option to extend yearly for up to two (2) additional years.

FISCAL IMPACT

The authorization of the attached master agreements would not result in a direct expenditure of City resources. Tasks would be assigned through the Master Agreement to meet the needs and demands identified each fiscal year. The costs of these services are budgeted in the operating program or capital project for which the services are needed, or paid for by the fees obtained from developers for any work associated with land development projects. No additional appropriations are requested at this time.

The authorization of these master agreements does not award any work to these firms; it establishes the firms as approved resources from which to seek professional services as needs are identified. Following execution of the Master Agreements, staff will request cost information and a scope of work from firms in their respective disciplines as needs arise. If the cost of any scope of work exceeds the City Manager’s purchasing authority, staff will bring the task order to the City Council prior to authorizing the work to proceed.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This action supports the Facilities and Infrastructure Value/Priority Area. The professional services identified in the attached master agreements will support the Public Works Department’s effort to deliver the ongoing and future facilities and infrastructure capital improvement projects.

57 Attachments:
• Attachment 1 – City Resolution
• Attachment 2 – EMID Resolution
• Attachment 3 – Master Agreement Materials Testing – APEX • Attachment 4 – Master Agreement Materials Testing – CTS • Attachment 5 – Master Agreement Environmental Services – HBG 58 RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE MASTER AGREEMENTS WITH HUFFMAN BROADWAY GROUP, INC. FOR PROFESSIONAL ON-CALL ENVIRONMENTAL SERVICES AND APEX TESTING LABORATORIES INC. AND CONSTRUCTION

TESTING SERVICES FOR ON-CALL MATERIALS TESTING SERVICES

CITY OF FOSTER CITY
WHEREAS, Resolution No. 2021-108 approved the issuance of the Request for Proposals and/or Qualifications for specialized limited-term project-based professional services to allow qualified consultants to assist the City; and WHEREAS, two (2) proposals for environmental services, and five proposals for materials testing services were received on September 16, 2021; and WHEREAS, three firms were found to be well qualified and met the criteria established in the RFP/Q; and
WHEREAS, current and upcoming Capital Improvement Projects will require specific areas of technical and professional expertise from qualified consultants to assist the work of City of Foster City Engineering staff; and
WHEREAS, the use of multi-year master agreements assists the timely delivery of capital improvement projects and programs/services to maintain the City’s infrastructure by augmenting staff resources; and
WHEREAS, the City wishes to enter into agreements with Huffman Broadway Group, Inc., Apex Testing Laboratories, Inc., and Construction Testing Services for a term of October 17, 2022, through October 16, 2025; and
WHEREAS, the proposed action is consistent with the City’s purchasing policy.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

The award of three-year master agreements dated October 17, 2022, with:

1. Huffman Broadway Group, Inc. for professional on-call environmental services; and

2. Apex Testing Laboratories Inc. for on-call materials testing services; and

3. Construction Testing services for on-call materials testing services 59 with authority given to the City Manager to extend the agreement on a yearly basis for up to two additional years.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreements, in the forms attached hereto, with minor, non-substantive 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 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
60 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE DISTRICT PRESIDENT TO EXECUTE MASTER AGREEMENTS WITH HUFFMAN BROADWAY GROUP, INC. FOR

PROFESSIONAL ON-CALL ENVIRONMENTAL SERVICES AND APEX TESTING LABORATORIES INC. AND CONSTRUCTION TESTING SERVICES FOR ON-CALL

MATERIALS TESTING SERVICES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, Resolution No. 3594 approved the issuance of the Request for Proposals and/or Qualifications for specialized limited-term project-based professional services to allow qualified consultants to assist the Public Works Department; and WHEREAS, two proposals for environmental services, and five proposals for materials testing services were received on September 16, 2021; and WHEREAS, three firms were found to be well qualified and met the criteria established in the RFP/Q; and
WHEREAS, current and upcoming Capital Improvement Projects will require specific areas of technical and professional expertise from qualified consultants to assist the work of City of Foster City Engineering staff; and
WHEREAS, the use of multi-year master agreements assists the timely delivery of capital improvement projects and programs/services to maintain the City/District’s infrastructure by augmenting staff resources; and
WHEREAS, the District wishes to enter into agreements with Huffman Broadway Group, Inc., Apex Testing Laboratories, Inc., and Construction Testing Services for a term of October 17, 2022, through October 16, 2025; and
WHEREAS, the proposed action is consistent with the District’s purchasing policy.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:

The award of three-year master agreements dated October 17, 2022 with:

1. Huffman Broadway Group, Inc. for professional on-call environmental services; and

2. Apex Testing Laboratories Inc. for on-call materials testing services; and

3. Construction Testing services for on-call materials testing services 61 with authority given to the District Manager to extend the agreement on a yearly basis for up to two additional years.

BE IT FURTHER RESOLVED that the District Manager is hereby authorized to execute the Agreements, in the forms attached hereto, with minor, non-substantive revisions that may be approved by the District Manager and the District Attorney, 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 17 th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
62 1

MASTER MATERIALS TESTING SERVICES AGREEMENT
FOR

ON-CALL MATERIALS TESTING SERVICES
This Agreement is made and entered into as of the 17 th day of October, 2022 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Apex Testing Laboratories, Inc. hereinafter called "CONSULTANT".

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

WHEREAS, CITY/DISTRICT desires to retain CONSULTANT to provide materials testing services and related services;
WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY/DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed); WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY/DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
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 each Task Order and Exhibit “B,” Scope of Services, 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 B and each Task Order 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 B and in each Task Order. 63 2

1. 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. Initial contract period shall be from October 17, 2022 to October 16, 2025. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from October 17, 2025 to October 16, 2026. The third contract period will be from October 17, 2026 to October 16, 2027.

Renewal shall be by mutual consent of CONSULTANT AND
CITY/DISTRICT as approved by the City Council/District Board.

CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY/DISTRICT.
(b) Notwithstanding the provisions of (a) above, CITY/DISTRICT 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/DISTRICT may determine in its sole discretion.

(c) CITY/DISTRICT 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 date of CITY/DISTRICT’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY/DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination.
(d) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY/DISTRICT determines that such termination is in CITY/DISTRICT’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.

2. Compensation; Expenses; Payment. CITY/DISTRICT 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 “C” hereof, attached hereto and by this reference incorporated herein.
64 3
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the total amount identified in all Task Orders issued by the City/District against this agreement. The Consultant shall only be paid for services performed under this Agreement to the extent authorized by written Task Order. No overhead or other expenses can be recovered for interim periods when the Consultant’s services are not utilized by the City/District. Invoices for amounts in excess of each Task Order 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 CITY’s Manager (for contracts less than $50,000) or CITY Board (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/DISTRICT, 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/DISTRICT including, without limitation, CONSULTANT's transmittal of all deliverables to CITY/DISTRICT required by EXHIBIT B and each Task Order.

CITY/DISTRICT 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/DISTRICT receives all deliverables required under Exhibit B and each Task Order, 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/DISTRICT 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/DISTRICT. CITY/DISTRICT shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

CITY/DISTRICT will not withhold any Federal or State income taxes or Social Security tax from any payments made by CITY/DISTRICT to CONSULTANT under the terms and conditions of this Agreement.

Payment of all taxes and other assessments on such sums is the sole responsibility of CONSULTANT. CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments. 65 4
CONSULTANT shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].

CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable federal requirements.

4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the CITY/DISTRICT’s Authorized Representative. The CITY/DISTRICT will request proposals from the CONSULTANT for each Task Order when services are needed. CONSULTANT shall respond with a scope and cost proposal in a reasonably prompt manner, no later than fifteen (15) calendar days after CITY/DISTRICT’s request. Such proposal 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.

Upon the approval of the terms of the proposal by CITY/DISTRICT’s Manager (for contracts less than $50,000) or CITY Council/ DISTRICT Board (for contracts $50,000 or more) by motion duly made and carried, the CITY/DISTRICT's Authorized Representative shall issue a Task Order against this agreement. CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.

5. Records and Audit. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to 66 5
services to be performed by CONSULTANT hereunder. Said records shall be available to CITY/DISTRICT for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.

Any authorized representative of CITY/DISTRICT shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, CITY/DISTRICT has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement.

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/DISTRICT 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 B 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 B.

CONSULTANT represents that it possesses all necessary training, licenses, certificates, and permits required by the federal, state, CITY/DISTRICT or municipal governments to perform the Services. Such licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect. Licenses, certificates and permits may include but are not limited to driver’s licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits 67 6
will be procured and maintained in force by CONSULTANT at no expense to CITY/DISTRICT.

CONSULTANT represents 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/DISTRICT, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY/DISTRICT 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/DISTRICT, become the property of CITY/DISTRICT.

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

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit B; provided, that CITY/DISTRICT 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/DISTRICT of CITY/DISTRICT’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.
(a) To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, indemnify, and hold harmless City of Foster City and Estero Municipal Improvement District, its officers, directors, officials, agents, 68 7
employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), 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. CONSULTANT’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.
(b) Intellectual Property Indemnification. CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others. CONSULTANT shall defend, indemnify and hold harmless CITY/DISTRICT from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’s services provided to CITY/DISTRICT under this Agreement.
(c) CITY/DISTRICT shall include a provision in the construction contract with the general contractor on the Project requiring the general contractor to indemnify CONSULTANT for damages resulting from the negligence of the general contractor and its subcontractors.

CITY/DISTRICT shall also include a provision in the construction contract with the general contractor on the Project requiring the general contractor to name CONSULTANT as an additional insured on its Comprehensive General Liability insurance coverage. If CONSULTANT has the opportunity to review the construction contract prior to bidding, CITY/DISTRICT shall have no responsibility for the inadvertent omission of such provisions.
(d) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement.
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(e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance. CITY/DISTRICT shall hire hazardous materials consultant if the Project requires the testing or remediation of hazardous substances. CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials. CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’s services and work with the work of CITY/DISTRICT’s hazardous materials consultants. (f) Duty to Cooperate. CONSULTANT shall notify CITY/DISTRICT immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with CITY/DISTRICT in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement.

Without limiting the foregoing, CONSULTANT shall take all steps necessary to assist CITY/DISTRICT in the defense of any and all Liabilities brought by a contractor hired to construct the Project regarding any errors, flaws, and/or omissions in the plans or specifications of the Project. Any additional services or work under this paragraph shall be compensated as Additional Services.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY/DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT D, 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 D. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY/DISTRICT 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/DISTRICT 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/DISTRICT at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
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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/DISTRICT setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Laura Galli
CONSULTANT: Apex Testing Laboratories, Inc.
1790 Yosemite Avenue
San Francisco, CA 94124
Attention: Abdelkader Khelifa
[email protected]

16. Assignment. This is an agreement for the personal services of CONSULTANT. CITY/DISTRICT has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’s firm, associates and employees as an inducement to enter into this Agreement.

CONSULTANT shall not assign or subcontract this Agreement without CITY/DISTRICT’s express written consent. Further, CONSULTANT shall 71 10
not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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 may serve other clients, but none who are active within the City of Foster City/Estero Municipal Improvement District or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.

22. Liability of CITY/DISTRICT. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, Insurance,
CITY/DISTRICT'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/DISTRICT be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or 72 11
incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY/DISTRICT 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/DISTRICT. 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/DISTRICT 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/DISTRICT 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/DISTRICT or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY/DISTRICT or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Confidentiality. Any information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY/DISTRICT, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY/DISTRICT in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement.

These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

24. 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.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, D and E, comprises the entire Agreement.
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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/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Richa Awasthi, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Abdelkader Khelifa, President
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EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

TO MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT This Task Order No. _______ ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Apex Testing Laboratories, Inc. ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled Master Materials Testing Services Agreement ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________(including all hourly billings as well as reimbursable costs.

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster City Consultant
_____________________________ _________________________ By:___________________________ By: Abdelkader Khelifa
Title: City Manager if < $50,000 Title: President
Mayor/President if > $50,000
Date: _________________________ Date: _____________________ Tax ID No.: ______________
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EXHIBIT B

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

ON-CALL MATERIALS TESTING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated October 17, 2022, by and between Associated Right of Way Services, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Description of the Project:

1.1 DESCRIPTION: Description of Project

2.Basic Services:

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

PAYMENTS

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

Maximum Payment Amount

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

List Methods of Payment

3. TIMES OF PAYMENTS.

List Times of Payments

PROJECTS AND SCHEDULE
List Project Schedule (IF APPLICABLE)

END OF EXHIBIT B
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EXHIBIT C

FEE SCHEDULE
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78 17
79 18
80 19
81 20
82 21
83 22

EXHIBIT D

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified 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 October 17, 2022, by and between Apex Testing Laboratories, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City/District 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/District'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/District 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/District), 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/District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City/Estero Municipal Improvement District, its Council/Board members, officials, agents, officers, volunteers 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 one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) 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/District and must be approved by the City/District 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/District as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City of Foster City/Estero Municipal Improvement District, 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 85 24 Updated 4/20/2021
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/District 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/District will not accept such coverage unless the City/District 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/District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City/District, 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/District 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/District, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City/District may purchase such required insurance coverage, and without further notice to Consultant, City/District shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City/District for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City/District for the premiums and any associated costs, Consultant agrees to reimburse City/District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City/District 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/District 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/District'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/District access to their books and records and cooperate with City/District in verifying the amount of savings realized.
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ATTACHED

1. Insurance Coverage Form
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EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:
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TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D
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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Apex Testing Laboratories, Inc. (“Consultant”) dated October 17, 2022.

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 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.

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/District Directed Suspension. The City/District 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/District may suspend the Services for its convenience. The 90 29 Updated 4/20/2021
Consultant is entitled to a time extension for a City/District 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/District will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID-19 Cost.

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/District 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/District 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/District building.

In the event of an outbreak or an exposure to COVID-19, the City/District 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.

IN WITNESS WHEREOF, the City/District and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Abdelkader Khelifa, President Richa Awasthi, Mayor/President

END OF EXHIBIT E
91 1

MASTER MATERIALS TESTING SERVICES AGREEMENT
FOR

ON-CALL MATERIALS TESTING SERVICES
This Agreement is made and entered into as of the 17 th day of October, 2022 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Construction Testing Services, Inc. hereinafter called "CONSULTANT".

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

WHEREAS, CITY/DISTRICT desires to retain CONSULTANT to provide materials testing and related services;
WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY/DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed); WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY/DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
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 each Task Order and Exhibit “B,” Scope of Services, 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 B and each Task Order 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 B and in each Task Order. 92 2

1. 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. Initial contract period shall be from October 17, 2022 to October 16, 2025. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from October 17, 2025 to October 16, 2026. The third contract period will be from October 17, 2026 to October 16, 2027.

Renewal shall be by mutual consent of CONSULTANT AND
CITY/DISTRICT as approved by the City Council/District Board.

CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY/DISTRICT.
(b) Notwithstanding the provisions of (a) above, CITY/DISTRICT 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/DISTRICT may determine in its sole discretion.

(c) CITY/DISTRICT 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 date of CITY/DISTRICT’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY/DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination.
(d) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY/DISTRICT determines that such termination is in CITY/DISTRICT’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.

2. Compensation; Expenses; Payment. CITY/DISTRICT 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 “C” hereof, attached hereto and by this reference incorporated herein.
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Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the total amount identified in all Task Orders issued by the City/District against this agreement. The Consultant shall only be paid for services performed under this Agreement to the extent authorized by written Task Order. No overhead or other expenses can be recovered for interim periods when the Consultant’s services are not utilized by the City/District. Invoices for amounts in excess of each Task Order 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 CITY’s Manager (for contracts less than $50,000) or CITY Board (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/DISTRICT, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

City/District shall pay within thirty (30) days upon receipt of each monthly statement. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY/DISTRICT including, without limitation, CONSULTANT's transmittal of all deliverables to CITY/DISTRICT required by EXHIBIT B and each Task Order.

CITY/DISTRICT 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/DISTRICT receives all deliverables required under Exhibit B and each Task Order, 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/DISTRICT 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/DISTRICT. CITY/DISTRICT shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

CITY/DISTRICT will not withhold any Federal or State income taxes or Social Security tax from any payments made by CITY/DISTRICT to CONSULTANT under the terms and conditions of this Agreement.

Payment of all taxes and other assessments on such sums is the sole 94 4
responsibility of CONSULTANT. CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

CONSULTANT shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].

CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable federal requirements.

4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the CITY/DISTRICT’s Authorized Representative. The CITY/DISTRICT will request proposals from the CONSULTANT for each Task Order when services are needed. CONSULTANT shall respond with a scope and cost proposal in a reasonably prompt manner, no later than fifteen (15) calendar days after CITY/DISTRICT’s request. Such proposal 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.

Upon the approval of the terms of the proposal by CITY/DISTRICT’s Manager (for contracts less than $50,000) or CITY Council/ DISTRICT Board (for contracts $50,000 or more) by motion duly made and carried, the CITY/DISTRICT's Authorized Representative shall issue a Task Order against this agreement. CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.
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5. Records and Audit. 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/DISTRICT for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.

Any authorized representative of CITY/DISTRICT shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, CITY/DISTRICT has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement.

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/DISTRICT 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 B 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 B.

CONSULTANT represents that it possesses all necessary training, licenses, certificates, and permits required by the federal, state, CITY/DISTRICT or municipal governments to perform the Services. Such licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect. Licenses, certificates and permits may 96 6
include but are not limited to driver’s licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by CONSULTANT at no expense to CITY/DISTRICT.

CONSULTANT represents 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/DISTRICT, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY/DISTRICT 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/DISTRICT, become the property of CITY/DISTRICT.

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

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit B; provided, that CITY/DISTRICT 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/DISTRICT of CITY/DISTRICT’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 and Limitation of Liability.
(a) To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT shall 97 7
defend (except for Liabilities arising from alleged professional negligence), indemnify, and hold harmless City of Foster City and Estero Municipal Improvement District, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), 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. CONSULTANT’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.
(b) Intellectual Property Indemnification. CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others. CONSULTANT shall defend, indemnify and hold harmless CITY/DISTRICT from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’s services provided to CITY/DISTRICT under this Agreement.
(c) CITY/DISTRICT shall include a provision in the construction contract with the general contractor on the Project requiring the general contractor to indemnify CONSULTANT for damages resulting from the negligence of the general contractor and its subcontractors.

CITY/DISTRICT shall also include a provision in the construction contract with the general contractor on the Project requiring the general contractor to name CONSULTANT as an additional insured on its Comprehensive General Liability insurance coverage. If CONSULTANT has the opportunity to review the construction contract prior to bidding, CITY/DISTRICT shall have no responsibility for the inadvertent omission of such provisions.
(d) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions in this Agreement in favor of CITY/DISTRICT and the 98 8
Indemnitees in the exact form and substance as those contained in this Agreement.
(e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance. CITY/DISTRICT shall hire hazardous materials consultant if the Project requires the testing or remediation of hazardous substances. CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials. CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’s services and work with the work of CITY/DISTRICT’s hazardous materials consultants. (f) Duty to Cooperate. CONSULTANT shall notify CITY/DISTRICT immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with CITY/DISTRICT in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement.

Without limiting the foregoing, CONSULTANT shall take all steps necessary to assist CITY/DISTRICT in the defense of any and all Liabilities brought by a contractor hired to construct the Project regarding any errors, flaws, and/or omissions in the plans or specifications of the Project. Any additional services or work under this paragraph shall be compensated as Additional Services.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY/DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT D, 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 D. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY/DISTRICT 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/DISTRICT 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/DISTRICT 99 9
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/DISTRICT setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Laura Galli
CONSULTANT: Construction Testing Services, Inc.
2118 Rheem Drive
Pleasanton, CA 94588
Attention: John Eudy
[email protected]

16. Assignment. This is an agreement for the personal services of CONSULTANT. CITY/DISTRICT has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’s firm, 100
10 associates and employees as an inducement to enter into this Agreement.

CONSULTANT shall not assign or subcontract this Agreement without CITY/DISTRICT’s express written consent. Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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 may serve other clients, but none who are active within the City of Foster City/Estero Municipal Improvement District or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.

22. Liability of CITY/DISTRICT. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, Insurance,
CITY/DISTRICT'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,
101
11 Notwithstanding any other provision of this Agreement, in no event shall CITY/DISTRICT 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/DISTRICT 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/DISTRICT. 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/DISTRICT 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/DISTRICT 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/DISTRICT or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY/DISTRICT or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Confidentiality. Any information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY/DISTRICT, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY/DISTRICT in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement.

These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

24. 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.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, D and E, comprises the entire Agreement.
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12 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/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Richa Awasthi, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Patrick Greenan, President/Principal in Charge
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13 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

TO MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT This Task Order No. _______ ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Construction Testing Services, Inc. ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled Master Materials Testing Services Agreement ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________(including all hourly billings as well as reimbursable costs.

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster City Consultant
_____________________________ _________________________ By:___________________________ By: Patrick Greenan
Title: City Manager if < $50,000 Title: President/Principal in Charge Mayor/President if > $50,000
Date: _________________________ Date: _____________________ Tax ID No.: ______________
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14 EXHIBIT B

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

ON-CALL MATERIALS TESTING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated July 18, 2022, by and between Construction Testing Services, Inc. hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Description of the Project:

1.1 DESCRIPTION: Description of Project

2.Basic Services:

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

PAYMENTS

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

Maximum Payment Amount

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

List Methods of Payment

3. TIMES OF PAYMENTS.

List Times of Payments

PROJECTS AND SCHEDULE
List Project Schedule (IF APPLICABLE)

END OF EXHIBIT B
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15 EXHIBIT C

FEE SCHEDULE
106
16 107
17 108
18 109
19 110
20 EXHIBIT D

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified 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 October 17, 2022, by and between Construction Testing Services, Inc. hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City/District 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/District'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/District 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/District), 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/District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City/Estero Municipal Improvement District, its Council/Board members, officials, agents, officers, volunteers 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 one million dollars ($1,000,000) 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 two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) 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/District and must be approved by the City/District 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/District as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City of Foster City/Estero Municipal Improvement District, 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 112
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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/District 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/District will not accept such coverage unless the City/District 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/District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City/District, 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/District 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/District, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City/District may purchase such required insurance coverage, and without further notice to Consultant, City/District shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City/District for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City/District for the premiums and any associated costs, Consultant agrees to reimburse City/District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City/District 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/District 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/District'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/District access to their books and records and cooperate with City/District in verifying the amount of savings realized.
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ATTACHED

1. Insurance Coverage Form
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EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:
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TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D
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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Construction Testing Services, Inc. (“Consultant”) dated October 17, 2022.

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 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.

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/District Directed Suspension. The City/District 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/District may suspend the Services for its convenience. The 117
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Consultant is entitled to a time extension for a City/District 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/District will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID-19 Cost.

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/District 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/District 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/District building.

In the event of an outbreak or an exposure to COVID-19, the City/District 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.

IN WITNESS WHEREOF, the City/District and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Patrick Greenan, Richa Awasthi, Mayor/President
President/Principal in Charge

END OF EXHIBIT E
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1 MASTER ENVIRONMENTAL SERVICES AGREEMENT
FOR

PROFESSIONAL ON-CALL ENVIRONMENTAL SUPPORT SERVICES
This Agreement is made and entered into as of the 17 th day of October, 2022 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Huffman-Broadway Group, Inc., hereinafter called "CONSULTANT".

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

WHEREAS, CITY/DISTRICT desires to retain CONSULTANT to provide professional environmental support services and related services;
WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY/DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed); WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY/DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
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 each Task Order and Exhibit “B,” Scope of Services, 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 B and each Task Order 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 B and in each Task Order. 119
2 1. 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. Initial contract period shall be from October 17, 2022 to October 16, 2025. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from October 17, 2025 to October 16, 2026. The third contract period will be from October 17, 2026 to October 16, 2027.

Renewal shall be by mutual consent of CONSULTANT AND
CITY/DISTRICT as approved by the City Council/District Board.

CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY/DISTRICT.
(b) Notwithstanding the provisions of (a) above, CITY/DISTRICT 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/DISTRICT may determine in its sole discretion.

(c) CITY/DISTRICT 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 date of CITY/DISTRICT’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY/DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination.
(d) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY/DISTRICT determines that such termination is in CITY/DISTRICT’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.

2. Compensation; Expenses; Payment. CITY/DISTRICT 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 “C” hereof, attached hereto and by this reference incorporated herein.
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3 Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the total amount identified in all Task Orders issued by the City/District against this agreement. The Consultant shall only be paid for services performed under this Agreement to the extent authorized by written Task Order. No overhead or other expenses can be recovered for interim periods when the Consultant’s services are not utilized by the City/District. Invoices for amounts in excess of each Task Order 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 CITY’s Manager (for contracts less than $50,000) or CITY Board (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/DISTRICT, 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/DISTRICT including, without limitation, CONSULTANT's transmittal of all deliverables to CITY/DISTRICT required by EXHIBIT B and each Task Order.

CITY/DISTRICT 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/DISTRICT receives all deliverables required under Exhibit B and each Task Order, 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/DISTRICT 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/DISTRICT. CITY/DISTRICT shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

CITY/DISTRICT will not withhold any Federal or State income taxes or Social Security tax from any payments made by CITY/DISTRICT to CONSULTANT under the terms and conditions of this Agreement.

Payment of all taxes and other assessments on such sums is the sole responsibility of CONSULTANT. CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments. 121
4 CONSULTANT shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].

CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable federal requirements.

4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the CITY/DISTRICT’s Authorized Representative. The CITY/DISTRICT will request proposals from the CONSULTANT for each Task Order when services are needed. CONSULTANT shall respond with a scope and cost proposal in a reasonably prompt manner, no later than fifteen (15) calendar days after CITY/DISTRICT’s request. Such proposal 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.

Upon the approval of the terms of the proposal by CITY/DISTRICT’s Manager (for contracts less than $50,000) or CITY Council/ DISTRICT Board (for contracts $50,000 or more) by motion duly made and carried, the CITY/DISTRICT's Authorized Representative shall issue a Task Order against this agreement. CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.

5. Records and Audit. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to 122
5 services to be performed by CONSULTANT hereunder. Said records shall be available to CITY/DISTRICT for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.

Any authorized representative of CITY/DISTRICT shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, CITY/DISTRICT has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement.

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/DISTRICT 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 B 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 B.

CONSULTANT represents that it possesses all necessary training, licenses, certificates, and permits required by the federal, state, CITY/DISTRICT or municipal governments to perform the Services. Such licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect. Licenses, certificates and permits may include but are not limited to driver’s licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits 123
6 will be procured and maintained in force by CONSULTANT at no expense to CITY/DISTRICT.

CONSULTANT represents 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/DISTRICT, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY/DISTRICT 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/DISTRICT, become the property of CITY/DISTRICT.

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

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit B; provided, that CITY/DISTRICT 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/DISTRICT of CITY/DISTRICT’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.
(a) To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, indemnify, and hold harmless City of Foster City and Estero Municipal Improvement District, its officers, directors, officials, agents, 124
7 employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), 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. CONSULTANT’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.
(b) Intellectual Property Indemnification. CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others. CONSULTANT shall defend, indemnify and hold harmless CITY/DISTRICT from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’s services provided to CITY/DISTRICT under this Agreement.
(c) CITY/DISTRICT shall include a provision in the construction contract with the general contractor on the Project requiring the general contractor to indemnify CONSULTANT for damages resulting from the negligence of the general contractor and its subcontractors.

CITY/DISTRICT shall also include a provision in the construction contract with the general contractor on the Project requiring the general contractor to name CONSULTANT as an additional insured on its Comprehensive General Liability insurance coverage. If CONSULTANT has the opportunity to review the construction contract prior to bidding, CITY/DISTRICT shall have no responsibility for the inadvertent omission of such provisions.
(d) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement.
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8 (e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance. CITY/DISTRICT shall hire hazardous materials consultant if the Project requires the testing or remediation of hazardous substances. CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials. CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’s services and work with the work of CITY/DISTRICT’s hazardous materials consultants. (f) Duty to Cooperate. CONSULTANT shall notify CITY/DISTRICT immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with CITY/DISTRICT in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement.

Without limiting the foregoing, CONSULTANT shall take all steps necessary to assist CITY/DISTRICT in the defense of any and all Liabilities brought by a contractor hired to construct the Project regarding any errors, flaws, and/or omissions in the plans or specifications of the Project. Any additional services or work under this paragraph shall be compensated as Additional Services.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY/DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT D, 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 D. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY/DISTRICT 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/DISTRICT 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/DISTRICT at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
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9 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/DISTRICT setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Laura Galli
CONSULTANT: Huffman-Broadway Group, Inc.
828 Mission Avenue
San Rafael, CA 94901
Attention: Terry Huffman
[email protected]

16. Assignment. This is an agreement for the personal services of CONSULTANT. CITY/DISTRICT has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’s firm, associates and employees as an inducement to enter into this Agreement.

CONSULTANT shall not assign or subcontract this Agreement without CITY/DISTRICT’s express written consent. Further, CONSULTANT shall 127
10 not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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 may serve other clients, but none who are active within the City of Foster City/Estero Municipal Improvement District or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.

22. Liability of CITY/DISTRICT. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, Insurance,
CITY/DISTRICT'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/DISTRICT be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or 128
11 incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY/DISTRICT 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/DISTRICT. 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/DISTRICT 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/DISTRICT 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/DISTRICT or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY/DISTRICT or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Confidentiality. Any information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY/DISTRICT, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY/DISTRICT in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement.

These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

24. 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.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, D and E, comprises the entire Agreement.
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12 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/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Richa Awasthi, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Terry Huffman, President
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13 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

TO MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT This Task Order No. _______ ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Huffman-Broadway Group, Inc. ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled Master Environmental Services Agreement ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________(including all hourly billings as well as reimbursable costs.

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster City Consultant
_____________________________ _________________________ By:___________________________ By: Terry Huffman
Title: City Manager if < $50,000 Title: President
Mayor/President if > $50,000
Date: _________________________ Date: _____________________ Tax ID No.: 94-3074848
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14 EXHIBIT B

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

PROFESSIONAL ON-CALL ENVIRONMENTAL SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated October 17, 2022, by and between Huffman-Broadway Group, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Description of the Project:

1.1 DESCRIPTION: Description of Project

2.Basic Services:

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

PAYMENTS

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

Maximum Payment Amount

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

List Methods of Payment

3. TIMES OF PAYMENTS.

List Times of Payments

PROJECTS AND SCHEDULE
List Project Schedule (IF APPLICABLE)

END OF EXHIBIT B
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15 EXHIBIT C - FEE SCHEDULE
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16 EXHIBIT D

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified 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 October 17, 2022, by and between Huffman-Broadway Group, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City/District 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/District'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/District 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/District), 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 three million dollars ($3,000,000) each occurrence and three million dollars ($3,000,000) aggregate. *Please note, the City/District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City/Estero Municipal Improvement District, its Council/Board members, officials, agents, officers, volunteers 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 one million dollars ($1,000,000) 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 two million dollars ($2,000,000) per occurrence and three million dollars ($3,000,000) 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/District and must be approved by the City/District 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/District as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City of Foster City/Estero Municipal Improvement District, 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 135
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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/District 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/District will not accept such coverage unless the City/District 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/District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City/District, 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/District 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/District, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City/District may purchase such required insurance coverage, and without further notice to Consultant, City/District shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City/District for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City/District for the premiums and any associated costs, Consultant agrees to reimburse City/District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City/District 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/District 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/District'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/District access to their books and records and cooperate with City/District in verifying the amount of savings realized.
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ATTACHED

1. Insurance Coverage Form
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EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:
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TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D
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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Huffman-Broadway Group, Inc., (“Consultant”) dated October 17, 2022.

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 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.

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/District Directed Suspension. The City/District 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/District may suspend the Services for its convenience. The 140
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Consultant is entitled to a time extension for a City/District 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/District will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID-19 Cost.

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/District 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/District 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/District building.

In the event of an outbreak or an exposure to COVID-19, the City/District 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.

IN WITNESS WHEREOF, the City/District and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Terry Huffman, President Richa Awasthi, Mayor/President

END OF EXHIBIT E
141

DATE: October 17, 2022

TO: Mayor and Members of the City Council

FROM: Stefan Chatwin, City Manager

SUBJECT: RECOMMENDATIONS FOR APPOINTMENT OF ONE

RESIDENT TO A THREE-YEAR TERM ON THE LEVEE BOND

OVERSIGHT COMMITTEE

RECOMMENDATION

It is recommended that the City Council, by Minute Order, appoint one resident to a three-year term on the Independent Citizen’s Bond Oversight Committee (Levee Bond Oversight Committee) to oversee the use of bond funds raised pursuant to Measure P.

EXECUTIVE SUMMARY

On June 5, 2018, Foster City voters passed Measure P, authorizing the City to issue general obligation bonds in the amount of $90,000,000 to fund improvements to the City’s levee system. The bond measure promised voters that the expenditure of bond funds would be subject to citizens’ oversight. On December 16, 2019, the City Council adopted bylaws that establish and govern the Levee Bond Oversight Committee charged with monitoring Measure P bond proceed expenditures for the Levee Improvements Project.

The initial committee members, consisting of three residents and two business representatives, were appointed at the September 8, 2020 City Council meeting, with one resident term and one business term expiring September 30, 2022. On August 4, 2022, staff began recruitment to fill the expiring terms, and extended the recruitment as only one application was received. As of the extended deadline of October 6, two applications were 142
received from residents, and no applicants were received from business representatives. It is recommended that the City Council appoint a resident applicant to the Committee, and the business representative seat may remain open until filled while the City continues recruitment.

BACKGROUND/ANALYSIS

The purpose of the Independent Citizens’ Bond Oversight Committee for the Levee Improvements Project is to ensure that bond proceeds are expended for their intended purposes. Each year, the Committee is required to submit to the City Council two written reports, summarizing the Committee’s activities and stating whether the expenditures comply with Measure P’s requirements.

The Committee is a five-member body comprised of three citizens and representatives from two businesses located in Foster City. The initial Committee members, consisting of three residents and two business representatives, were appointed at the September 8, 2020 City Council meeting. Per Resolution No. 2020-65, Interim City Manager at the time was named the City Council's designee to review applications and make recommendations for appointment. City Council appointed two residents and one business representative to a three-year term expiring September 30, 2023 and one resident and one business representative to a two-year term expiring September 30, 2022.

On August 4, 2022, staff began recruitment to fill the resident and business positions with expiring terms, with the application deadline of September 1, 2022. When only one application was received by the deadline, the recruitment was extended by another week, and then again extended with a new application deadline of October 6, 2022.

Via Resolution No. 2022-97, the City Council directed City Manager Stefan Chatwin to review applications and recommend applicants for appointment by the City Council. By the October 6, 2022 deadline for applications to the Committee, two resident applications were received. The applications have been attached to this report for City Council's review (Attachment 3).

Both applicants met the general qualification standards to serve as a Levee Bond Oversight Committee member. For enhanced effectiveness, staff recommends that the City Council also consider Committee appointees with skills and experience in the areas of financial management, construction management, civic engagement, and communication. Based on the 143
applications submitted, City Manager Chatwin recommends the following resident to serve on the Levee Bond Oversight Committee: Sanford Heisler.

Since no applications from business representatives were received, staff recommends continuing the recruitment on an open-until-filled basis, and recommending a business representative following the receipt of application(s).

FISCAL IMPACT
There is no direct fiscal impact associated with the proposed action.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

The Levee Improvements Project (funded by Measure P) is in alignment with the City Council's adopted Vision and Mission statements in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide. The Committee ensures the project is in compliance with the requirements of Measure P.

Attachments:
 Attachment 1 - City Resolution No. 2019-121 Establishing the Levee Bond Oversight Committee
 Attachment 2 - City Resolution No. 2022-97 Naming City Manager as Designee to Recommend Applicants for Appointment
 Attachment 3 - Levee Bond Oversight Committee Applications

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RESOLUTION NO. 2022-97

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY RESCINDING RESOLUTION NO. 2020 -65 AND NAMING CITY MANAGER STEFAN

CHATWIN AS ITS DESIGNEE TO REVIEW APPLICATIONS FOR THE INDEPENDENT CITIZENS’ BOND OVERSIGHT COMMITTEE (LEVEE BOND OVERSIGHT

COMMITTEE) AND TO RECOMMEND APPLICANTS FOR APPOINTMENT BY THE

CITY COUNCIL

CITY OF FOSTER CITY

WHEREAS, on June 5, 2018, 80.6% of participating voters in Foster City voted in favor of Measure P, which subsequently passed; and

WHEREAS, Measure P called for Foster City to issue $90,000,000 in bonds to fund levee improvements to the Foster City levee system; and

WHEREAS, on December 16, 2019, the City Council established the Independent Citizens’ Bond Oversight Committee (“Levee Bond Oversight Committee ”) to review all expenditures of bond proceeds and adopted Bylaws for the Committee; and

WHEREAS, Section 5.5 of the Levee Bond Oversight Committee Bylaws allows the City Council to appoint a designee to review applications for membership to the Levee Bond Oversight Committee and to make appointment recommendations to the City Council; and

WHEREAS, on July 6, 2020 the City Council adopted Resolution No. 2022 -65 naming Interim City Manager Dante Hall as its designee to review all applications for Levee Bond Oversight Committee membership and to recommend applicants, who were subsequently appointed at the September 8, 2022 City Council meeting.

WHEREAS, the terms of one resident member and one business representative member expire on September 30, 2022, and as such, the City sought applications for one resident and one business representative member to fill the upcoming vacancies, with applications due by 5:00 P.M. on September 1, 2022; and

WHEREAS, the City Council wishes to have City Manager Stefan Chatwin review all timely -submitted applications for Levee Bond Oversight Committee positions and recommend applicants for appointment by the City Council.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:

1. Rescind Resolution No, 2020 -65, which named Interim City Manager Dante Hall as its designee to review all applications for Levee Bond Oversight Committee membership and to recommend applicants for appointment, and

2. Name City Manager Stefan Chatwin as its designee pursuant to Section 5.5 of the Levee Bond Oversight Committee Bylaws to review all applications for Committee membership and to recommend applicants for appointment at the Council’s regular meeting on September 19, 2022, or as soon thereafter as possible.

DocuSign Envelope ID: 5BCDD17C-0719-46F4-9927-5B2A2268F4DE 152

City Resolution No. 2022-97

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of August, 2022, by the following vote:

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

ABSENT: None

ABSTAIN: None

____________________________________

RICHA AWASTHI, MAYOR

ATTEST:

________________________________________

PRISCILLA SCHAUS, CITY CLERK
BY: YELENA CAPPELLO, DEPUTY CITY CLERK

DocuSign Envelope ID: 5BCDD17C-0719-46F4-9927-5B2A2268F4DE 153
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157

DATE: October 17, 2022

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

VIA: Stefan Chatwin, City/District Manager

FROM: Edmund Suen, Finance Director

SUBJECT: CONSIDERATION OF PREPARATION OF A SINGLE YEAR
BUDGET FOR FY 2023-2024 OR A BIENNIAL BUDGET FOR

TWO CONSECUTIVE ONE-YEAR PERIODS CONSISTING OF
FY 2023-2024 AND FY 2024-2025

RECOMMENDATION

It is recommended that the City Council/EMID Board of Directors (City Council), by Minute Order, provide direction to City staff on whether to prepare a single year budget for FY 2023-2024 or a biennial budget for two consecutive one-year periods consisting of FY 2023-2024 and FY 2024- 2025.

EXECUTIVE SUMMARY

In the preparation of the FY 2022-2023 annual budget last year, City staff received direction from the City Council to consider a biennial budget for the next budget cycle. Since City staff typically starts its budget preparation process in October/November, staff is seeking the City Council's direction on whether to prepare a single-year budget for FY 2023-2024 or a biennial budget for two consecutive one-year periods consisting of FY 2023-2024 and FY 2024-2025.

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BACKGROUND/ANALYSIS

The current annual budget process is an extensive citywide effort that starts in October/November and includes approximately six (6) City Council meetings.

Such an annual effort takes up significant staff resources as well as the cost of corresponding printed materials. During last year's preparation of the FY 2022-2023 budget, the City Council directed staff to consider a biennial budget for the next cycle.

The major advantages of a biennial budget are cost and time savings as City staff would be able to repurpose their time in their non-budget year to other work assignments/projects. This is somewhat negated by mid-cycle budget revisions after the conclusion of the first one-year period to account for changes in assumptions such as labor and benefit costs, inflation, interest rates, supply chain reliability, and any other significant changes such as local, regional, and macro-economic conditions. Changes in economic and fiscal conditions such as a budget deficit, CalPERS annual returns, revenue surplus or shortfall, policy issues with significant fiscal implications can also create a need for budget amendments and corrections during the mid-cycle non- budget year.

Disadvantages in the biennial budget include starting the process further in advance for the second one-year budget (e.g. in starting the preparation of the FY 2023-2024 budget in October/November 2022, it is 8 months before the FY 2022-2023 ends and adding FY 2024-2025 in the same budget preparation time frame would mean that City staff will be building that budget 20 months in advance of the completion of FY 2022-2023). The accuracy of budget assumptions may deteriorate with a longer forecast horizon. Since there will be separate annual budget appropriations for FY 2023-2024 and FY 2024-2025, the likelihood of a higher frequency of supplemental appropriations in the second year is expected. If the City does proceed with a biennial budget, additional Finance staff time is needed to make various modifications, including budget software, budget documents, preparation instructions and training. Although not necessarily a deal breaker, the timing of initiating a biennial budget is not ideal, because the Finance Department is currently without an Assistant Finance Director.

FISCAL IMPACT

City staff anticipate minimal fiscal impact from the City Council's direction to 159
either continue with an annual budget or change it to a biennial budget for two consecutive one-year periods consisting of FY 2023-2024 and FY 2024-2025.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item is in alignment with City Council’s Vision Statement for a Sustainable Foster City under the economic sustainability framework. 160

DATE: October 17, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Community Development Director Thai-Chau Le, Planning Manager

SUBJECT: REQUEST TO AMEND THE VINTAGE PARK GENERAL

DEVELOPMENT PLAN (GDP) TO REALLOCATE THE
PREVIOUSLY APPROVED 250,000 SF OF OFFICE

ALLOCATION WITHIN THE SOUTH CAMPUS OF THE GILEAD

MASTER PLAN TO LABORATORY SQUARE FOOTAGE AND

INCLUDE THE PREVIOUSLY APPROVED TEMPORARY

GILEAD PARK INTO A PERMANENT USE AS PART OF THE
UPDATED VINTAGE PARK GDP – 300-368 LAKESIDE DRIVE
AND 301-309 VELOCITY WAY – RZ2022-0001

PURPOSE

Pursuant to Chapter 17.72, Development Project Preliminary Review Procedures, of Title 17, Zoning, of the Foster City Municipal Code, the purpose of this meeting is to introduce to the City Council a request by Gilead Sciences Inc. (“Gilead”) to amend the Vintage Park GDP to reallocate approximately 250,000 SF of previously approved office space to laboratory space within the South Campus of the Gilead Master Plan and to include the previously approved temporary Gilead Park into a permanent use as part of this updated Vintage Park GDP and receive feedback from the City Council and public. No formal action will be taken at this meeting.

161

EXECUTIVE SUMMARY

The purpose of this meeting is to introduce to the City Council and public a request by Gilead to amend the Vintage Park GDP to allow proposed changes to the South Campus of the Gilead Sciences Integrated Corporate Campus Master Plan (“Master Plan”). The meeting serves as preliminary screening for requests involving amendments to the City’s General Plan, Zoning Ordinance or GDPs and is intended to maximize opportunities for meaningful public discussion at the earliest feasible time. Additionally, this process provides project proponents with the opportunity to obtain early, nonbinding preliminary comments on their proposal.

Gilead Sciences is requesting an amendment to the Vintage Park GDP to reclassify the previously approved 250,000 SF of office space to laboratory space within the South Campus of the Master Plan and include the previously approved temporary Gilead Park as a permanent use as part of the updated Vintage Park GDP. Specifically, the proposed amendment would transfer the remaining unbuilt 204,495 SF of office allocation to laboratory use and reclassify the already built 45,505 SF of existing office space in Buildings B331 and B335 for potential future laboratory use. The total square footage of 2,500,600 SF for the entire campus will remain unchanged. Although there is no proposal for a new laboratory building submitted as part of this request, in order to evaluate the impacts on traffic, circulation, parking, and water supply/demand from the reclassification of office to lab use, staff has requested for an updated environmental analysis. The findings of the environmental analysis including feedback and comments received from the Council and public at this meeting will be considered prior to any formal public hearing for the proposal.

Pursuant to Chapter 17.72, Development Project Preliminary Review Procedures, the City Council’s comments are advisory and non-binding and do not constitute either an approval or denial of the project; therefore, no formal action will be taken at this meeting.

NOTICING/PUBLIC OUTREACH

The public was advised of this meeting in the following ways:
 Ad in the Foster City Islander – October 5, 2022
 Electronic mailing to the project applicants, owners and persons who expressed interest in receiving project updates – September 28, 2022 162
 Foster City website: www.fostercity.org – September 28, 2022  Posting on site and at all Public Posting Places - September 28, 2022

BACKGROUND

The Gilead Master Plan campus covers approximately 72 acres of land in Vintage Park. Gilead owns and occupies additional properties throughout the City not included in the Master Plan. The Master Plan is covered under the Vintage Park GDP. The build-out of the 72-acre campus is divided into two parts: South Campus and North Campus (Figure 1).

On October 21, 2013, the City Council certified the Final Subsequent Environmental Impact Report (Final SEIR) for the Master Plan and adopted a Mitigation Monitoring and Reporting Program (MMRP). On November 4, 2013, the City Council adopted Ordinance No. 576 (attachment 2) approving the Vintage Park GDP Amendment/Rezoning for the Gilead Master Plan (RZ- 11-004). The Vintage Park GDP includes the development of a biopharmaceutical campus on approximately 72 acres with a maximum build- out of 2,500,600 SF in neighborhood Vintage Park. The GDP includes a mix of office buildings, laboratory buildings, cafeterias, manufacturing and storage spaces, meeting spaces, pilot plant and warehouse and fitness facilities. 163

Since the adoption of the 2013 Vintage Park GDP, multiple Use Permits have been approved for the individual office and laboratory buildings as part of the campus build-out plan including several Tenant Improvements (TI) permits.

On April 3, 2014, the Planning Commission approved Addendum No. 1 to the SEIR amending Mitigation Measure NOI-b in order to allow an extension in the construction hours if certain criteria are met.

On September 19, 2016, the City Council adopted Ordinance No. 601 (attachment 3) approving an amendment to the GDP (RZ-16-001) to reallocate square footage within Gilead’s South Campus by decreasing the office allocation by 250,000 SF and increasing the laboratory allocation by 250,000 SF. As part of this proposal, the City Council also adopted Resolution No. 2016-61 finding that Addendum No. 2 to the SEIR adequately analyzes environmental impacts associated with the GDP Amendment (EA- 16-002).

To date, the total allowable build-out capacity of the campus is a maximum of 1,274,000 SF of office, a maximum of 1,203,000 SF of laboratory, and a maximum of 23,600 SF of materials storage/warehouses, totaling up to a maximum of 2,500,600 SF for the full Master Plan. Subsequent to the approval of the Vintage Park GDP amendment in 2016, two (2) laboratory buildings were completed at 324 and 357 Lakeside Drive. On May 7, 2020, the Planning Commission approved a Use Permit (UP2019-0044, Resolution No. P-05-20) for a 60,836 SF, two-story employee amenity building (“Gilead Wellbeing Center”). The Planning Commission by Resolution No. P-05-20 approved Addendum No. 3 to the SEIR in conjunction with the approval of the Gilead Wellbeing Center.

On February 4, 2021, the Planning Commission approved a Use Permit (UP2019-0044, Resolution No. P-03-21) for the construction of an approximately 5.42-acre private park with landscaped outdoor amenities and gathering space for its employees (“Gilead Park”), within the Vintage Park GDP area that was designated for Buildings 305 and 307 within the original Master Plan. The approved Gilead Park Use Permit requires Gilead to apply for a GDP amendment to make the park permanent. The Planning Commission by Resolution No. P-03-21 approved Addendum No. 4 to the SEIR in conjunction with the approval of the Gilead Park.

On August 9, 2022, Gilead submitted a GDP Amendment proposal to amend the Vintage Park GDP and convert the previously approved 250,000 SF of 164
office allocation in the South Campus to laboratory square footage and to include the previously approved temporary Gilead Park into a permanent use as part of the updated Vintage Park GDP. Specifically, the proposed amendment would transfer the remaining unbuilt 204,495 SF of office allocation to laboratory use and reclassify the already built 45,505 SF of existing office space in buildings B331 and B335 for potential future redevelopment as laboratory use. The overall maximum square footage permitted for the South Campus and the Master Plan would not change.

ANALYSIS

Gilead Sciences is a biopharmaceutical campus headquartered in Foster City. When the Gilead Master Plan and Final SEIR were originally approved, the maximum build-out parameters for office and biopharmaceutical laboratory were identified in the Vintage Park GDP. These maximum parameters were established to quantify the review of the SEIR, and the environmental impacts associated with the campus buildout. For example, office space generally has more trip generation and laboratory space generally has more water demand.

Since the Vintage Park GDP was approved, Gilead has been building out its campus by adding new lab/office buildings and parking structures. As mentioned above, Gilead recently completed a Wellbeing Center and a private park, adding employee amenities to their campus.

In order to continue buildout of the campus, Gilead is proposing an amendment to the Vintage Park GDP, specifically to the South Campus to reallocate the remaining 250,000 SF of office space and to increase the total maximum amount of laboratory space by 250,000 SF. As noted in the project description submitted by Gilead on August 9, 2022 (Attachment 1), over the last several years since the Gilead Master Plan and subsequent amendment were approved, Gilead has been building out the campus to meet business needs and bring transformative therapies to patients. To effectively do this, Gilead has consolidated all its research space in the south campus to accommodate program and headcount growth associated with the discovery and investigation of new drug candidates and pursuit of new research initiatives. Gilead plans to continue concentrating research uses on the south campus to take advantage of campus adjacencies and form a strong link among nearby research facilities. Decreasing the approved office allocation and reallocating that square footage to laboratory space on the south campus will enable Gilead to accelerate their research activities in a systematic and 165
purposeful manner within the south campus.

As noted previously, the total for the South Campus as well as the total for the entire Campus will remain unchanged. The table below illustrates campus square footage parameters in the Vintage Park GDP originally approved in 2013, the changes approved in 2016 and the proposed 2022 changes to the Vintage Park GDP. The corresponding GDP exhibits are included in Attachment 4.

In addition, as part of this proposed GDP amendment, Gilead is requesting to make the recently constructed Gilead Park a permanent use by converting the temporary, limited-duration Use Permit (UP2020-0035, approved by the City on February 4, 2021) to permanent use.

The 2016 Vintage Park GDP designated the subject Gilead Park site comprising two (2) adjoining parcels for two (2) lab/office buildings (NB 305 and NB 307). At the time when the Gilead Park request was being considered, Gilead stated that given the remaining buildout and taking the existing needs of the company into consideration, they do not anticipate constructing a new lab/office building in the immediate future but would like to retain the option to pursue construction of future building(s) as specified in the existing GDP. The proposed Gilead Park project was entitled as a temporary, limited-duration use (five (5) years). Given the limited-term nature of the 166
proposed use, an amendment to the GDP was not necessary at the time.

However, staff noted that if Gilead were to continue to use the park on a permanent basis, they must apply for, and obtain approval of, a GDP amendment prior to the end of five (5) years. A Condition of Approval No.

1.14 was added accordingly to the Use Permit that stated “This Use Permit is valid for five (5) years from the date of the approval. The applicant shall apply for a General Development Plan amendment prior to the expiration of this Use Permit.”

As part of this request, Vintage Park GDP will be updated to include the site plan showing the permanent location of the Park, pursuant to Exhibit A of the Gilead Park Use Permit UP2020-0035 Conditions of Approval No. 1.14.

ENVIRONMENTAL REVIEW

In accordance with the California Environmental Quality Act (CEQA), an Environmental Assessment (EA2022-0001) will be conducted for the project.

Based on the preliminary review of the current proposal, staff is requesting that an environmental analysis pertaining to transportation and circulation, air quality, water supply/demand, and parking be evaluated with this proposed change. If there is no new or more impacts than those identified in the certified Gilead Sciences Integrated Final SEIR, this proposal may qualify for an Addendum to the Final SEIR. If there is new potential for significant environmental impacts, a subsequent or supplemental EIR will be required to evaluate environmental impacts.

The City has engaged Urban Planning Partners to assess the potential environmental impacts and determine whether the SEIR adequately addresses the potential impacts resulting from the proposed GDP amendment. The findings of the environmental analysis will be made available for public review prior to making a final decision on the proposed project.

FISCAL IMPACT

No fiscal impact.

NEXT STEPS

In order to review and ultimately approve the proposed amendment to the Vintage Park GDP, a Planning Commission meeting will be scheduled where 167
the Planning Commission will consider the following actions:

1. Environmental Assessment (File No. EA2022-0001)
o Approval of Addendum No. 4 to the Gilead Sciences Integrated Corporate Campus Master Plan SEIR adequately analyzing
environmental impacts associated with the proposed
amendment to the GDP; and

2. Rezoning/General Development Plan (File No. RZ2022-0001) o A recommendation to the City Council to amend the Vintage Park General Development Plan to reallocate the previously approved 250,000 SF of office allocation within the South Campus of the Gilead Master Plan to laboratory square
footage and include the previously approved temporary Gilead Park into a permanent use as part of the updated Vintage Park GDP

Attachments:
 Attachment 1 - Project Description from Gilead Sciences Inc. dated August 9, 2022
 Attachment 2 - Ordinance No. 576 for RZ-11-004
 Attachment 3 - Ordinance No. 601 for RZ-16-001
 Attachment 4 - Exhibits of Gilead Master Campus
168
GILEAD SCIENCES, INC.

SUPPLEMENT TO THE COMMUNITY DEVELOPMENT DEPARTMENT

GENERAL APPLICATION
PR

OPOSED AMENDMENT TO THE VINTAGE PARK GENERAL DEVELOPMENT PLAN FOR THE

INTEGRATED GILEAD SCIENCES CORPORATE CAMPUS MASTER PLAN P

ROJECT DESCRIPTION
AUGUST 9, 2022
BA

CKGROUND
On October 21, 2013, the City of Foster City approved an amendment to the Vintage Park General Development Plan (GDP) to allow the development of up to 2,500,600 sf of office, biopharmaceutical laboratory and ancillary uses for the Gilead Sciences Integrated Campus Master Plan (IMP). The IMP was intended to provide flexibility for Gilead to grow over time based on its dynamic business needs.

On September 19, 2016, the City of Foster City adopted Ordinance No. 601 approving an amendment to the GDP (RZ-16-001) to reallocate square footage within Gilead’s south campus by decreasing the office allocation by 250,000 square feet and increasing the laboratory allocation by 250,000 square feet. The City also adopted a resolution (EA-16-002) finding that Addendum No. 2 to the Gilead Sciences Integrated Corporate Campus Master Plan Subsequent Environmental Impact Report (SEIR) adequately analyzes environmental impacts associated with the GDP Amendment.

Over the last several years since the Gilead Integrated Master Plan and subsequent amendment were approved, Gilead has been building out the campus to meet business needs and bring transformative therapies to patients. Gilead has consolidated its research space in the south campus to accommodate program and headcount growth associated with the discovery and investigation of new drug candidates and pursuit of new research initiatives. Gilead plans to continue concentrating research uses on the south campus in order to take advantage of campus adjacencies and form a strong link among nearby research facilities. Decreasing our approved office allocation and reallocating tha t square footage to laboratory space on the south campus will enable Gilead to locate each step of the pharmaceutical discovery, development and clinical -scale manufacturing process in a systematic and purposeful arrangement on campus. Ultimately, this will allow Gilead to accelerate the process of getting new therapies to patients.

PROPOSED AMENDMENT
Gilead is seeking an amendment to the Vintage Park GDP to convert the remaining 250,000 square feet of office allocation in the south campus to laboratory square footage. The overall maximum square footage permitted for the South Campus and Integrated Campus would not change.

Specifically, the proposed amendment would transfer the remaining unbuilt 204,495 square feet of office allocation to laboratory use and reclassify 45,505 square feet of existing office space in B331 and B335 for potential future redevelopment as laboratory use. Laboratory is a less traffic-intensive use with reduced Attachment 1
169
environmental impacts, as shown i n the attached traffic memorandum. This proposed amendment is similar to the amendment that the City approved in 2016, and does not change the overall maximum buildout within the IMP.

In addition, as part of this proposed GDP amendment, Gilead is seeking to make the recently-constructed Gilead Park a permanent use by converting the temporary, limited-duration Use Permit (UP2020-0035, approved by the City on February 4, 2021) to permanent use. Included with this application is an updated site plan for the GDP which shows the permanent location of the Park, pursuant to Gilead Park Use Permit Exhibit A Conditions of Approval No. 1.14.

See the following attachments:

Attachment 1 - Proposed amendments to Ordinance No. 601.

Attachment 2 – Campus square footage and parking spreadsheet Attachment 3 – Kimley-Horn Analysis regarding reallocation of office to lab use in the South Campus 170
ORDINANCE NO. 576

AN ORDINANCE OF THE CITY OF FOSTER CITY APPROVING AN AMENDMENT

TO THE FOSTER CITY ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN FOR THE ± 132-ACRE LANDS KNOWN AS VINTAGE PARK TO ALLOW UP TO 2,500,600 SQUARE FEET OF

BIOPHARMACEUTICAL OFFICE AND LABORATORY USES, ANCILLARY

FACILITIES AND STRUCTURED AND AT-GRADE PARKING FACILITIES IN ORDER

TO CREATE THE INTEGRATED GILEAD SCIENCES CORPORATE CAMPUS MASTER PLAN — 300-368 LAKESIDE DRIVE; 301 VELOCITY WAY IN NEIGHBORHOOD VP — GILEAD SCIENCES — APNs: 094-122-050; -060; -070; -080; - 110; -120; -130; -140; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-040; 130; 094-901-250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094-903-040; 094-904-290; -300; -310; -320; -330; -340; 094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; -050; -060; 070; -080; - 090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200— RZ-11-004

CITY OF FOSTER CITY

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:

Section 1. Findings. The City Council, based on facts and analysis in the Staff Reports, written and oral testimony, mitigation measures included in the project, and exhibits presented, finds:

The proposed Rezoning/General Development Plan Amendment will be in furtherance of and in accordance with the General Plan of the City of Foster City ("City") because it: 1) will be consistent with the Research/Office Park designation on the Land Use Plan as described in Policy LUC-25; 2) will provide for economic development consistent with the principles of Land Use Goal LUC-C; 3) will be adequately served by municipal services and facilities per Goal LUC-F; 4) will provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-K; 5) will provide for diverse transportation needs per Goal LUC-I by improving pedestrian safety and allowing for safe access and movement by a variety of transportation modes; 6) will provide open space adequate to serve the development per Goal PC-F; 7) will mitigate construction noise to the extent feasible per Policy N-5; and 8) will provide for economic development by encouraging removal of existing older buildings which are becoming economically obsolete and construction of newer buildings that will increase the assessed value of the property within the Vintage Park area and the City in general per Land Use Goal LUC- C;

2. The total allowed square footage of the Gilead Campus will increase from 926735 square feet to 2,500,600 square feet of laboratory, office and related Attachment 2
171
City Ordinance No. 576
uses. The proposed biopharmaceutical campus will not be detrimental to present and planned surrounding uses because although it would increase the intensity of land use in the project area, the redeveloped uses would not create conflicts with existing on-site and surrounding land uses because the uses are consistent with the Research/Office Park designation intended for the Vintage Park area;

3. On-site circulation is suitable and adequate to carry anticipated traffic generated by the project, and the traffic impacts on the street network outside the development will be mitigated to a less than significant level by the implementation and monitoring of the Gilead Transportation Demand Management Program which identifies vehicle trip reduction measures;

4. Existing and proposed utility services and facilities and other public improvements such as fire and police protection; school services; open space and recreation; water supply; wastewater treatment; solid waste and electricity, gas and telecommunications are adequate for the proposed biopharmaceutical campus density and land use proposed because: 1) the proposed project will be required to meet all Fire Department and Fire Code requirements; 2) the proposed project will not reduce the ability of the Foster City Fire Department to meet existing performance standards or exceed the capabilities of the existing or planned staffing levels; 3) the increased security measures on the campus will help to reduce the demand for police services; 4) no new school facilities will be required as a result of the project; 5) the Water Supply Assessment prepared by the Estero Municipal Improvement District ("EMID") reviewed the water needs of this project as well as foreseeable projects and concluded that although there is an increase in approximately 206 acre feet per year of additional water demand, EMID will have sufficient water supply available to meet the demand generated from the proposed project without affecting water supplies for existing and planned future developments; 6) anticipated wastewater discharges are not high enough to require the expansion of the existing system and as required in the mitigation measures, the Developer will be required to prepare a sewer flow analysis and a hydraulic capacity study to verify that the existing sewer system is sized to meet wastewater generated by this project and prepare a Stormwater Pollution Prevention Plan to ensure that the proposed drainage system will accommodate stormwater runoff from the project; 7) the amount of solid waste generated will not substantially shorten the life of the landfill; and 8) the other utilities serving the project are expected to be adequate;

5. Sufficient parking will be provided on the Gilead Integrated Campus consistent with Chapter 17.62, Off-Street Parking Regulations, of Title 17 Zoning, of the Foster City Municipal Code because a written agreement between the landowner and the City will be recorded to allow: 1) a reduced parking ratio of 1 space per 833 square feet of laboratory building pursuant to Sub-section 17.62.060 B.5.f; 2) shared campus-wide parking facilities 172
City Ordinance No. 576
pursuant to Sub-section 17.62.060 D.1; and 3) a 15% reduction in the number of required off-street parking stalls with the implementation of a Transportation Systems Management Plan / Transportation Demand Management Plan pursuant to Sub-section 17.62.060 D.3; and

6. Specific Development Plan/Use Permit(s) will be required for each new or improved building under the Integrated Master Plan and will be consistent with the Vintage Park Design Guidelines, the Vintage Park Signage Guidelines and the intent and purpose of Chapter 17.58 of the Foster City Municipal Code in order to ensure that the site and buildings developed will be well designed and attractive, will function in a safe manner, and will relate well to surrounding sites and buildings in the Vintage Park development.

Section 2. Amendment to Zoning Map. The City of Foster City Zoning Map is hereby amended to reclassify the ±72.59 acre property owned by Gilead Sciences, Inc. ("Gilead") in Vintage Park, as provided in and more precisely described in the amended General Development Plan for Vintage Park allowing up to 2,500,600 square feet of biopharmaceutical office and laboratory uses, ancillary uses and structured and at- grade parking facilities in order to create the Integrated Gilead Sciences Corporate Campus Master Plan, as described in Exhibits A, B, B-1, B-2, B-3, B-4, C, and 0 to this Ordinance attached hereto and incorporated herein.

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 hereby declares that it would have adopted this 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 unconstitutional.

Section 4. Taking Effect. Subject to Section 5 below, this Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 5. First Amendment to Development Agreement. Gilead, City and EMID have previously entered into that certain Development Agreement dated March 31, 2010 and recorded in the Official Records of San Mateo County on April 20, 2010, as Document No. 2010-047080 ("Development Agreement") for an approximately 40-acre portion of Gilead's Vintage Park property. Gilead, the City and EMID have negotiated an administrative First Amendment to Development Agreement ("First Amendment") to be processed in accordance with Section 4.10.1 of the Development Agreement to confirm their mutual understanding of the meaning and application of the Development Agreement, and to avoid any misunderstanding as to the effect of the parties' respective rights and obligations under the Development Agreement upon effectiveness of this Ordinance. Therefore, notwithstanding Section 4 above, this Ordinance shall take effect only upon the execution by duly authorized representative of the City, EMID and Gilead of the First Amendment in a form mutually acceptable to the parties. 173
9 M FRISELLA. MAYOR
City Ordinance No. 576
Section 6. Parking Agreement. Gilead and the City have negotiated a Parking Agreement ("Agreement") in accordance with Chapter 17.62, Off-Street Parking of Title 17 Zoning of the Foster City Municipal Code. Notwithstanding Section 4 above, this Ordinance shall take effect only upon the execution by duly authorized representatives of the City and Gilead of the Agreement in a form mutually acceptable to the parties and recordation of the Parking Agreement with the San Mateo County Recorder's Office.

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.

This Ordinance was introduced and read on the 21 st day of October, 2013, and passed and adopted on the 4th day of November, 2013, by the following vote:

AYES: Councilmembers Bronitsky, Kiesel, Okamoto, Perez and Mayor Frisella NOES: None
ABSENT: None
ABSTAIN . None
ATTEST:

DORIS L. PA MER, CITY CLERK
174
City Ordinance No. 576

EXHIBIT A

AMENDED GENERAL DEVELOPMENT PLAN FOR VINTAGE PARK
The CM/PD (Commercial Mix/Planned Development) District zoning of the +132-acre site in Vintage Park (APNs: 094-122-050; -060; -070; -080; -110; -120; -130; -140; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-040; 130; 094-901-250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094-903-040; 094-904-290; -300; -310; - 320; -330; -340;094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; -050; -060; -070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200) is herewith limited and specified as follows:
a. Within the ± 72.59 - acre portion of Vintage Park (APNs: 094-122-050; -060; -070; -080; -110; -120; -130; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094- 904-290; -300; -310; -320; -330; and 340;) to allow development of up to 2,500,600 square feet of corporate biopharmaceutical campus consisting of up to 1,524,000 square feet of maximum office space; 953,000 square feet of biopharmaceutical laboratory space; 23,600 square feet of materials storage/warehouse spaces; and ancillary facilities (parking spaces (at-grade and in parking structures), cafeteria, pilot plant, meeting spaces, manufacturing and fitness facilities) with the option to separate vehicular and pedestrian circulation by closing off Lakeside Drive to through-traffic in accordance with the plans on file in the Community Development Department and Exhibits B, B-1, B-2, and B-3, attached hereto and incorporated herein.
b. Within the ± 4-acre portion of Vintage Park (APN: 094-122-140 — 303 Velocity Way) as depicted in the attached Exhibit C, uses shall be limited to development of up to 295,000 square feet of office, research and development, light assembly uses and ancillary facilities (including child care, cafeteria, and exercise facilities), subject to the prior approval of the City. Parking for the building shall be provided on adjacent properties (APN5: 094-901-290, -300; -310; -340; -370; -380; -390; -400; -410; 094-904-290; -300; - 310; -320; -330; -340; 094-120-050; -060; -070; -080; -110; -120; -130; and 150) within 300 feet of the building entrance at a ratio of 4/1,000 with a 15% reduction (total of 853 spaces).
c. Within the remaining 57-acre portion of Vintage Park (APNs: 094-904-040; 130; 094- 901-250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094- 903-040; 094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; - 050; -060; 070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200) as depicted in Exhibit D, uses shall be limited to allow development of up to ± 202,158 sq. ft. of office space; up to ± 112,368 sq. ft. of research and development space; to allow up to two (2) hotels with a total of 475 rooms of up to ± 353,246 sq. ft. and up to ± 18,994 sq. ft. of restaurant space; and a one-acre lake/open space area, with internal site circulation to be provided in accordance with the plans on file in the Community Development Department.
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City Ordinance No. 576

EXHIBIT B

INTEGRATED GILEAD SCIENCES CORPORATE CAMPUS MASTER PLAN (GRAPHIC)

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EXHIBIT B-1

INTEGRATED GILEAD SCIENCES CORPORATE CAMPUS MASTER PLAN (DENSITY/INTENSITY OF PERMITTED USES)
Maximum Building Square Footage
South Campus
Office 500,000 max SF
Biopharmaceutical Laboratory 953,000 max SF
Materials Storage/Warehouse 5,100 max SF
Total South Campus 1,458,100 max SF
North Campus
Office 1,024,000 max SF
Materials Storage/Warehouse 18,500 max SF
Total North Cam us 1,042,500 max SF
Integrated South and North Campus
Office 1,524,000 max SF
Biopharmaceutical Laboratory 953,000 max SF
Materials Storage/Warehouse 23,600 max SF
Total for Integrated Campus 2,500,600 max SF
Maximum Building Heights
Building
Number
Range of
Stories
Height
Range
Height Range
(with Roof
Screen)*
300 2 35 57
310 2 35 57
NB/322 2-4 40-68 62-90
NB/324 2-4 40-68 62-90
NB/331 1-10 20-170 42-192
NB/333 1-10 20-170 42-192
NB/335 2-6 40-102 62-124
NB/342 2-4 40-68 62-90
NB/346 2-4 40-68 62-90
NB/353 2-6 40-102 62-124
NB/355 1-10 20-170 42-192
NB/357 2-6 40-102 62-124
362 2 35 57
NB/368 (NLB-1) 4 68 90
NB/322 Annex 1-2 20-40 42-62
MSB 1-2 20-40 42-62
301 5 80 102
NB/305 1-10 20-170 42-192
NB/307 1-10 20-170 42-192
NB/309 1-10 20-170 42-192
Ship/Receive 1-2 20-40 42-62
* Does not include exhaust stacks which may extend up to 4 feet above the roof screen 177
City Ordinance No. 576
EXHIBIT B-2

GILEAD SCIENCES VESTED RIGHTS
The following outlines the vested rights under the South Campus Development Agreement and the South Campus General Development Plan ("Previous Approvals") described in Ordinance No.'s 556, 554, and as amended in Ordinance No. 569. Any density or intensity beyond that provided for in the Previous Approvals, and described as the permitted 1,200,480 square feet designated in the graphic and table below (APN's: 094-901-290, -300, -310, -340, -370, -380, - 390, -400, -410 and 094-904-290, -300, -310, -320, -330, and -340) is not vested (protected) under the terms of the South Campus Development Agreement (Document No. 2010-047080) — DA-08-003.

PERMITTED (VESTED) DENSITY AND INTENSITY OF USE
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Within the ±40-acre portion of Vintage Park, the maximum development up to 1,200,480 square feet of biopharmaceutical campus consisting of the following:
- Maximum of 755,048 square feet of office space
Minimum of 445,432 square feet of biopharmaceutical
laboratory space
Ancillary facilities, parking (at-grade and in parking
structures), cafeteria, pilot plant, meeting spaces,
manufacturing, small amount of warehouse and fitness
facilities.

Developer may reduce the space allotted to office use and increase the space allotted to laboratory and other uses, provided; however in no event shall the total building area exceed 1,200,480 square feet.

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City Ordinance No. 576
EXHIBIT B-3

CONDITIONS OF APPROVAL
The CM/PD (Commercial Mix/Planned Development) District of the ±72.59 -acre site located in Vintage Park for the Gilead Sciences Integrated Corporate Campus Master Plan (APNs: 094- 122-050; -060; -070; -080; -110; -120; -130; -150; 094-901-290; -300; -310; -340; -370; -380; - 390; -400; -410; 094-904-290; -300; -310; -320; -330; and 340) is herewith limited and specified as follows:

1. The parking ratio for biopharmaceutical laboratories in the Gilead Sciences Integrated Corporate Campus Master Plan will be 1.2 spaces per 1,000 square feet of biopharmaceutical laboratory space.

2. A 15% reduction in parking will be permitted in accordance with the TDM plan on file. If the Community Development Director finds that the TDM plan is not being maintained or monitored, then the provision for reduced parking may be taken away. Parking shall be in adherence to the Parking Distribution Plan (Sheets P-1 through P-3) on file with the General Development Plan. An Updated Parking Analysis Spreadsheet shall be submitted each time parking is modified on the site.

3. No construction can take place until a written agreement regarding shared parking, the Transportation Systems Management Plan and the reduced parking ratio for laboratory buildings between Gilead Sciences, Inc. ("Developer") and the City, satisfactory in form and content to the City Attorney is signed and recorded in a form capable of and subject to being recorded to constitute a covenant running with the land consistent with the provisions in Chapter 17.62 Off-Street Parking Ordinance of the Foster City Municipal Code.

4. Specific Development Plan/Use Permit(s) shall be issued prior to development of any new buildings/structures.

5. Any new development on the site shall be consistent with the project description in the SEIR and shall adhere to all Mitigation Measures outlined in the MMRP and specific Conditions of Approval.

6. Sustainable Design Standards
Each applicant for a specific development plan/use permit shall comply with the following:
- All newly constructed non-lab buildings shall be designed to achieve the requirements of LEED Silver or a standard that is deemed to be equivalent to the LEED Silver standards ("Alternate Green Building Standards") in effect as of the effective date of approval of the Gilead Sciences Integrated Corporate Campus Master Plan. At the time of application for specific development plan/use permit, the developer shall verify to the satisfaction of the City that the non-lab buildings satisfy the above standards.
- All newly constructed laboratory buildings shall be designed, constructed and operated as equivalent to "LEED Certified" or higher standards (eg LEED Silver) if such standards for laboratory buildings are in place at the time of the applicable 179
City Ordinance No. 576
specific development plan/use permit approval. At the time of application, the developer shall verify to the satisfaction of the City that the lab buildings satisfy the above standards.

In the event that Gilead Sciences, Inc. ("Developer") elects to design commercial buildings to achieve the requirements of Alternate Green Building Standards, Developer shall submit such standards to the City for approval at the time of its application for a specific development plan/use permit. Developer shall retain an independent third party consultant ("Green Compliance Consultant"), at Developer's expense, to provide the City with a written analysis as to why the Alternate Green Building Standards are equivalent to LEED Silver. The Green Compliance Consultant retained by Developer shall be reasonably approved by the City. The City shall either approve or disapprove the Alternate Green Building Standards within thirty (30) days after the Developer's request. If the City disapproves the Developer's request, the City shall describe, with particularity, the reasons why the proposed Alternate Green Building Standards are not equivalent to the LEED Silver standards in effect as of the effective date. - The Green Compliance Consultant shall verify whether the building(s) constructed by the Developer are in compliance with LEED Silver or Alternate Green Building Standards described in the Specific Development Plan/ Use Permit.

Developer shall comply with all relevant mitigation measures in the Mitigation Monitoring Reporting Program ("MMRP"), including those found in GCC-1 requiring submittal of a Campus-wide Sustainability Plan or Sustainability Measures for individual building(s), as applicable.
180
City Ordinance No. 576
EXHIBIT B-4

TRANSPORTATION DEMAND MANAGEMENT PLAN
The Gilead Sciences Integrated Corporate Campus Master Plan Transportation Demand Management Plan dated August 7, 2012 may be amended and approved by the Community Development Director or Planning Commission at the time a Specific Development Plan/ Use Permit is proposed.

Gilead Sciences Integrated Corporate Campus Master Plan Transportation Demand Management Plan
dated
August 7, 2012
181
Kimley-Horn
and Associates, Inc. _
Memorandum Suite 370
6130 Stoneridge Mall Road,
Pleasanton, CA 94588-3279
To: Susan Eschweiler
From: Michael Mowery
Date: 7 August 2012
Re: Transportation Demand Management Program (TDM)
for Gilead Science General Growth Plan Build-out Condition Revised August 7, 2012
Per the requirement of City/County Association of Governments of San Mateo County (C/CAG), development projects that generate 100 or more peak hour trips in San Mateo County must implement Transportation Demand Management (TDM) measures to reduce the net number of trips that the project is anticipated to generate. Furthermore, C/CAG requires that "local jurisdictions must ensure that the developer and/or tenants will reduce the demand for all new peak hour trips (including the first 100 trips) projected to be generated by the development." 1 Guidelines prepared by C/CAG identify a combination of measures that can be employed to satisfy this requirement.

The following is a summary of recommended Transportation Demand Management Measures and their associated trip reductions for the Gilead Campus. The TDM Plan is intended to address the full build-out condition of the Gilead General Development Program. Program elements will be phased in as-needed and in response to the employee commute alternative preferences at the time each phase of build-out is complete and occupied. 1 Policy on Traffic Impact Analysis (TIA) to Determine Traffic Impacts on the Congestion Management Program (CMP) Roadway Network Resulting from Roadway Changes, General Plan Updates, and Land Development Projects, C/CAG August 10, 2006.

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Gilead Build-out TDM Program, page 2
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and Associates, Inc.

TDM MEASURES TO MITIGATE PROJECT TRIPS
Bicycle Lockers and Racks
Convenient and secure bicycle storage helps increase bicycling. Bike lockers and/or racks will be provided to encourage more commuters to bicycle. A minimum of 324 racks and/or lockers will be conveniently located around the campus which qualifies for one peak hour trip credit per three lockers or racks.
(The Peninsula Traffic Congestion Relief Alliance will subsidize 50 percent of the cost bike lockers and racks up to $500 per unit.)2 Showers and Changing Rooms
Although cyclists and walkers can change in restrooms and store a change of clothes in the workplace, dedicated facilities are more likely to encourage regular cycling and walking. Showers and a changing room will be provided for employees that are commuting by bicycle or walking to the campus. The Gilead Sciences campus currently includes 22 changing areas and showers, and 64 total changing areas and showers are planned for the campus build-out. In addition, the project is eligible for an additional five trip credits because the project will have five or more bike lockers.

Shuttle Service
Gilead supports the Peninsula Traffic Congestion Relief Alliance and operates two shuttle routes with three shuttle stops on campus. The stops at 300-310 Lakeside and 301-303 Velocity Way will be retained. The stop that is currently at 335-353 Lakeside will be relocated to 355-357 Lakeside when Lakeside Drive is closed to through traffic.

As the employee base grows, Gilead is committed to working with the Alliance, other corporate partners, and the City on steps at each of the following Gilead employee headcount thresholds:
2 For more information on the Peninsula Traffic Congestion Relief Alliance and their programs see http://wwvv.commute.org/.
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• 1900 to 3000 employees: Work with the Alliance to increase the current 24 passenger bus to a 32-35 passenger bus on the North Foster City route, if warranted.
• 3000 to 5500 employees: Work with the Alliance to add a lead time bus (half hour bus in addition the current hourly bus) on the North Foster City Center route, if warranted.
• 3500 to 5500 employees: Work with the Alliance to add a lead time bus (half hour bus in addition the current hourly bus) on the Lincoln Center route, if warranted.

Gilead will offer shuttle service to nearby BART and other destinations to accommodate existing and future demand up to 521 employees.

This measure qualifies for one peak hour trip credit for each peak hour round trip seat. In addition, the project is eligible for one additional trip credit per round trip seat because a Guaranteed Ride Program is also in place.

Subsidized Public Transit Tickets
Subsidizing transit passes reduce the number of single-occupant vehicles on the road by encouraging employees to use an alternative method for getting to work, which can also save them money. Subsidized rail passes will be provided to employees at a minimum subsidy of $20 per month to qualify for a trip reduction credit. Gilead uses the Commuter Check program to reimburse employees for their use of transit. Gilead currently provides commuter checks to approximately 290 employees and projects that 521 employees will receive Commuter Checks for transit usage at project build-out. This measure qualifies for one peak hour trip credit for each subsidized pass provided to employees.
(Employees in San Mateo County can also try transit for free. Many of the local public transit agencies including Caltrain, SamTrans, BART, AC Transit, and VTA provide transit tickets to get people to try transit as a one- time incentive.)
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Gilead Build-out TDM Prop-am, page 4
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Carpool Program
Carpools provide an alternative between driving alone and riding public transit. A total of 80 employees currently carpool to the Gilead Sciences campus and 232 carpool participants are projected at build-out based on the current carpool participation on the Gilead campus. C/CAG TDM credits are typically awarded for preferential parking for carpool participants.

Gilead prefers to leave parking spaces unassigned to provide parking flexibility throughout its campus. However, Gilead currently provides and plans to continue to provide Commuter Checks for participating employees. Employees that carpool at least 3 days per week receive a reimbursement of $100/month to continue to encourage the use of carpooling. The C/CAG TDM credit is 2 credits per 1 preferential parking space provided or stated differently, 1 credit per carpool participant assuming 2 employees per carpool. Therefore, this TDM program applies one peak hour trip credit per employee participant.
(The Peninsula Traffic Congestion Relief Alliance offers gas cards and cash incentives to carpool participants. Employees who commit to carpooling together at least 2 days per week for 8 consecutive weeks receive a $60 gas card as a one-time incentive per passenger. Employees traveling in a hybrid or clean air vehicle are eligible for one-time $80 cash incentive.)
Vanpool Program
Vanpools provide an alternative between driving alone and riding public transit. This option offers greater vehicle carrying capacity and reduced costs while still providing flexibility and convenience to the users.

Programs usually involve commuters traveling in a passenger van with one member of the group acting as the driver and person responsible for the vehicle. To encourage vanpooling, a guaranteed ride home provision will also be implemented to ensure employees a ride home if they cannot leave at the same time as the vanpool or in the event of an emergency.

A total of 110 employees currently vanpool to the Gilead Sciences campus and 318 vanpool participants are projected at build-out based on the current participation on the Gilead campus. C/CAG TDM credits are typically awarded for preferential parking for vanpools. Gilead prefers to leave parking spaces unassigned to provide parking flexibility throughout its campus. However, Gilead currently provides and plans to continue to cAusers\mike.mowery \desktop \paternity leavegilead\gileadbuildouttdmprogram08072012.doex 185
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provide a vanpool subsidy of $100/month for participating employees. This subsidy is used to offset the cost of fuel, bridge tolls, and rental fees for the vanpool. The C/CAG TDM credit is 7 credits per 1 preferential parking space provided or stated differently, 1 credit per carpool participant assuming 7 employees per carpool. Therefore, this TDM program applies one peak hour trip credit per employee participant, and is increased by three more credits per vanpool with the addition of a guaranteed ride home program.
(The Peninsula Traffic Congestion Relief Alliance offers startup cash incentives to new vanpool drivers and riders. Employees who agree to drive for six months will receive a $500 cash incentive. Other employees who agree to become passengers of the vanpool for three months consecutively will be reimbursed half of their vanpool costs up to $100 per month.)
Commute Assistance Center
A commute assistance center compliments other TDM measures by supporting and encouraging the use of other strategies. A center disseminates information on TDM services and incentives to site employees. Trained staff can provide commute planning help and conduct special promotional activities to increase commuter's interest in options other than driving alone. A commute assistance center is located in one of the buildings to offer on-site, one stop access for transit and commute alternatives information. The center includes a transit information brochure rack, a desk and chairs for trip planning, a telephone with commute and transit information phone numbers, and process on-site assistance checks. The center will also be staffed eight hours per day by two people. This measure qualifies for one peak hour trip credit for each feature offered in the center with an additional one peak hour credit for each hour the center is staffed with a live person.

Employee Commute Survey
An employee commute survey will be conducted twice per year to assess the current use of alternative commute options within the Gilead campus.

Results of the survey will be used to identify adjustments that could be made to sustain or increase the use of transit, carpool/vanpool, bicycling, and walking. This measure qualifies for three peak hour trip credits for a survey that is administered twice yearly.
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Gilead Build-out TDM Program, page 6
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Video Conference Centers
Gilead Sciences currently provides and plans to provide video conferencing in each building on campus on its build-out campus. These video conference rooms enable teams to work across campus without getting in their cars, to meet with local and distant customers, and to avoid having to travel to meetings off campus. This measure qualifies for five peak hour trip credits for each video conference center installed.

Provision of On-Site Amenities
On-site amenities encourage employees and visitors to stay on site during the work day, thus reducing the need to bring an automobile to work or leave the site to run errands. Eligible example features include banking, grocery shopping, dry cleaners, exercise facilities, and child care center.

The Gilead campus will provide four cafeterias, nine automated teller machines (ATMs) one fitness center, as well as on-site masseuse service, oil change service, and dry cleaning services that each qualify for five peak hour credits.

Provision of Child Care
Child care is another on-site amenity that can help reduce vehicle trips.

The Gilead campus will provide child care services for up to 104 children and will accommodate children from infant to 12 years old. This measure qualifies for one peak hour trip credits for every two child care slots at the campus. This amount is one trip credit per each slot since the service accepts multiple age groups.

Guaranteed Ride Home Program
A Guaranteed Ride Home program provides commuters that carpool, vanpool, bike, walk or take transit to work with a free ride home when unexpected emergencies arise. Employees that leave their personal vehicles at home are able to take a free taxi ride or use a 24-hour car rental in the case of an emergency. Gilead currently provides this benefit to its employees through company resources and will continue to provide this benefit in the future. This TDM measure qualifies for two C/CAG peak hour trip credits for each two employees enrolled in the program. This program credit has been discussed further with C/CAG staff and determined that although the program qualifies for a greater number, the average use of the Guaranteed Ride Home Program has been found to be approximately 2% of the enrolled employees countywide. Therefore, this cAusers \mike.mowery \desIctop \paternity leave \gilead\gileadbuildouttdmprogram_08072012.docx 187
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Gilead TDM Program assumes two credits per 100 employees based on regional Guaranteed Ride Home Program information.

Combination of Elements
Experience has shown that offering multiple and complementary TDM components can magnify the impact of the overall program. Therefore, if any ten TDM elements are combined, the project's TDM plan qualifies for an additional credit of five peak hour trips. Since more than ten qualifying elements are proposed to be implemented, a five trip credit is assumed.

Action Plan
Gilead is currently and will continue to work with the Alliance on providing transportation alternatives. The measure qualifies for 10 peak hour credits.

TDM PROGRAM SUMMARY
The recommended Gilead TDM Program is based on many proven transportation alternatives but also on the quality of the program already offered by Gilead Sciences. Many of the measures discussed herein are currently provided to Gilead staff and based on the positive feedback of employees, these alternatives are planned for expansion as the campus grows. The recommended program is comprehensive in providing many varying commute alternatives, providing flexibility to those employees seeking commuting options. The TDM Program discussed herein is envisioned as a proposed program at full build-out of the Gilead Sciences campus and will be phased in as the campus is expanded over time.

Specific TDM elements will be expanded or initiated as each building phase is completed and occupied, and customized to the current commuting preferences of Gilead Sciences campus staff.
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Gilead Sciences Transportation Demand Management Program Measure Rate Peak Trip
Credit Rate
Buildout
Program
Elements,
Trip
Credits
Bicycle Storage - Class 1 Bike Lockers or Class 2 Bike Racks one credit per 3 bike lockers/racks 1/3 324 108 Showers/Changing Room ten credits per 1 shower/changing room 10 64 640 Additional credits for combination w/ 5 bike lockers five credits for 5 or more bike lockers 5 1 5 Shuttle Service AM/PM to Local Station one credit per 1 peak hour round trip seat 1 521 521 Additional credits with guaranteed ride home program one credit per 1 shuttle credit 1 521 521 Subsidize transit tickets one trip credit for each transit pass subsidized at $20/month/one year 1 521 521 Subsidized carpool program one credit per 1 employee participant i 232 232 Subsidized vanpool program one credit per 1 employee participant 1 318 318 Additional credits with guaranteed ride home program three credits per vanpool 3 45 135 Operation of a commute assistance center one credit per program feature 1 4 4 Additional credits for staffing the center one credit for each hour staffed (up to 20 trip credits/200 employees) 1 16 16 Employee commute survey three credits for survey administered twice yearly 3 1 3 Video conference centers five credits per center installed at the facility 5 38 190 Provision of on-site amenities five credits per feature 5 17 85 Provision of child care one credit for two child care slots, one credit per child if service accepts multiple age groups 1 104 104 Guaranteed ride home program two credits for every 100 employees enrolled in program w/ Affiance 0.02 5500 110 Combination of ten TDM elements five credits for combination of 10 elements 5 1 5 Work with Alliance to develop/implement a Transportation Action Plan ten credits 10 1 10 Total 3528
Notes-
1 All program elements are based on the current Gilead General Development Plan or a straight-fine increase in elements currently offered for the Gilead Sciences campus in 2012. 2 On-site amenities include four planned cafeterias, nine ATMs, 1 fitness center, as well as on-site masseuse service, oil change service, and dry cleaning services. 8/7/2012
Gilead BuildoutTDM Program_08072012.xls
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Permitted Density/Intensity:

Within the ± 4-acre portion of
Vintage Park (APN: 094-122-
140 — 303 Velocity Way), uses
shall be limited to development
of up to 295,000 square feet of
office, research and
development, light assembly
uses and ancillary facilities
(including child care, cafeteria,
and exercise facilities).

City Ordinance No. 576

EXHIBIT C
GRAPHIC FOR THE ±4 ACRE PORTION OF VINTAGE PARK
(APN: 094-122-140)
190
6 rflird i-
<
Vintage Park Community
Association (VPCA) Common
Area Landscaping/Pond
Office/Research and
Development
- Restaurant
- Hotel
ite 8 41 " VP`*-
LEGEND
City Ordinance No. 576

EXHIBIT D
GRAPHIC FOR ±57 ACRE PORTION OF VINTAGE PARK
(APNs: 094-904-040; 130; 094-901-250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094-903-040; 094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; - 030; -040; -050; -060; 070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; - 190; and 200)
191

CERTIFICATE OF POSTING
I, Doris L. Palmer, hereby certify as follows:

That I am, and at all time herein mentioned, was the duly acting and qualified City Clerk/District Secretary of the City of Foster City/Estero Municipal Improvement District, Foster City, San Mateo County, California.

I further certify to the proper posting of:

Ordinance No. 576, "Approving an Amendment to the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the ± 132-acre Lands Known as Vintage Park to Allow up to 2,500,600 Square Feet of Biopharmaceutical Office and Laboratory Uses, Ancillary Facilities and Structured and At-Grade Parking Facilities in Order to Create the Gilead Sciences Integrated Corporate Campus Master Plan - RZ-11-004 [First Reading October 21, 2013]'
in the following four public places of the City of Foster City/Estero Municipal Improvement District, Foster City, San Mateo County, California:

1. Federal Post Office, Charter Square
1050 Shell Boulevard

2. Recreation Center Lobby
650 Shell Boulevard

3. Council Chambers (not a mandatory posting site)
620 Foster City Boulevard

4. Foster City Public Library
1000 E. Hillsdale Boulevard
Executed at the City of Foster City/Estero Municipal Improvement District, Foster City, San Mateo County, California this 7th day of November, 2013.

Doris L. Palmer
City Clerk/District Secretary
G:ICLERKIVORMFORMSICERTIFICATEPOS77NG.DOC
192
Attachment 3
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
Exhibit in City Ordinance No.576 from 2013
Attachment 4
215
Exhibit in City Ordinance No.601 from 2016

216
Proposed Exhibit in RZ2022-0001 from 2022

217

DATE: October 17, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director
Paul Nagengast, Project Advisor, Regional Government
Services

SUBJECT: LEVEE IMPROVEMENTS PROJECT (CIP 327-657) -
SEPTEMBER 2022 - GENERAL UPDATE

RECOMMENDATION

It is recommended that the City Council, by Minute Order, consider and accept this progress update on the Levee Improvements Project (Project). No further action is required by the City Council.

EXECUTIVE SUMMARY

Staff will provide a verbal update of the latest Project activities at the City Council meeting. This report provides an update of Project progress and budget impacts with current expenditures detailed in an attached work sheet.

Highlights of Project progress and pictures, since the last City Council update on September 19, 2022, are included in the attached Construction Managers Report and listed below:
 Preliminary landscaping and irrigation work, including investigation of irrigation lines owned by adjacent property owners and HOA’s have been completed. The Contractor has begun the installation of landscaping in Phases I and II. Much of the Contractors’ operations 218
continue to be focused within Phase I of the Project in order to complete work prior to regulatory agency annual required stop work date of February 1, 2023.
 The Contractor continues to work along Beach Park Boulevard.

Completed and upcoming work along Beach Park Boulevard as part of Phase II includes, but not limited to, trail slope fine grading, erosion control fabric, placement of mulch, ice plant planting, construction of bay side paths and access points, earthen levee near and adjacent to Shorebird Park, streetlight foundations, irrigation and landscaping. The Contractor has nearly completed the installation of the streetlights but will still need to complete all the streetlight and electrical conductor wiring installations prior to energizing the lights.  The Contractor is working at various access points within Phases I adjacent to Homeowner Associations and II along Beach Park Boulevard. The work located at the access points is slow and deliberate (but necessary) to meet accessible slope grades and walkway widths required by the Americans with Disabilities Act (ADA) and local Certified Access Specialists (CASp) standards.  The Contractor has completed approximately 3.9 miles of the 4.2 miles (92% completion) of the revised concrete cap for the top of installed sheet piles (CCO #9; $110K and #10; $932K). The concrete cap along Beach Park Boulevard as part of Phase II of the Project and within Phase 1 has been completed. The concrete cap remaining to be constructed is in Phase III between Baywinds Park and San Mateo Bridge.
 Staff continues to monitor the Safe Routes to School plan for Bowditch Middle School and other locations that may be affected by the Project. Staff is coordinating with school officials about any proposed changes for the 2022-23 school year.

Current Schedule Timeline

Award of Contract: July 20, 2020
Notice to Proceed: September 28, 2020
Phase 1 Bay Trail Closure - Opening: October 2020 - April 2023* Phase 2 Bay Trail Closure - Opening: January 2021 – April 2023* Phase 3 Bay Trail Closure - Opening: April 2021 – April 2023* Project Substantial Completion: August 2023
Project Completion: January 2024

*Staff is anticipating a schedule update from the Contractor, which will provide 219
more insight to the estimated substantial and final completion dates. For scheduling purposes and to update existing early estimates of trail opening dates until Contractor has provided actual trail opening updates, trail openings are to be shown for April 2023 to satisfy BCDC permit requirements.

Updates to trail opening dates are not a reflection of a Project delay.

PROJECT BUDGET AND COST/EXPENSES

The Project continues to be on time and within budget and expenses continue to trend as anticipated.

Summary of known costs to date:
 Total Budget/ Bond Measure: Budget = $87M Bond Measure = $90M; Bonds Released = $85M; Additional City reserves for Project if necessary = $10M
 Bid: Shimmick: $60.2M; and $9M contingency for change orders.  Payments: Shimmick: $53M; Others: $14M; Total: $67M
 Change Orders Approved: As of 10/04: CCO Nos. 1-28 = $8.5M  Change Orders Anticipated: To Be Determined

FISCAL IMPACT

Fiscal impacts to the Project are presented to City Council as a separate agenda item with a recommended action to take from City staff. Staff has requested additional contingency monies to be authorized by City Council as a separate City Council Agenda Item for the October 17, 2022, meeting.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

The Levee Improvements Project is in alignment to the City Council's adopted Vision and Mission statements, in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide.

220

Attachments:
 Attachment 1 - Monthly Construction Manager's Report September 2022
 Attachment 2 - Expenditure Report as of September 30, 2022  Attachment 3 - Memorandum and Communications Metrics - September 2022 Dashboard Report
221
MONTHLY CONSTRUCTION MANAGER’S REPORT

Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: September 1-30, 2022 CM: Tanner Pacific, Inc.

Designer: Schaaf & Wheeler
Original Contract
Duration
(Calendar Days):

Days Elapsed: 733 % Elapsed: 61.1%
Substantial Final
Completion Completion
Date: Date:

Original Contract Approved Revised
Contract
Value: CCOs: Value:

Contingency: $9,000,000.00 Remaining
Contingency: $ 692,104.05 % Contingency
Used: 92%
Costs Billed to Date: $50,466,318.34 % of Contract
Billed to Date: 74%
$60,218,000.00 $ 8,307,895.95 $68,525,895.95
Contract/Schedule Update
1200 Additional Days
Granted: 0 Calendar Days
Remaining: 467
Notice To Proceed: 9/28/2020 10/2/2023 1/10/2024
Cost Management Update
222
MONTHLY CONSTRUCTION MANAGER’S REPORT
Work Summary
Recently Completed:
Continued import and placement of rock slope protection (rip rap) along Beach Park Blvd Initial rebar and concrete placement for Access Point stairs along Beach Park Blvd Bench platform retaining wall construction, grout, and capstones along Beach Park Blvd Shade structure foundation excavation
Earthen fill for the access ramp at AP 25 (north of Shorebird Park) Shorebird Park earthen embankment fill
Settlement monitoring period for Shorebird Park and Sea Cloud Park earthen fill sections Utility wall construction at AP 31 (near the Lagoon intake structure) Irrigation investigation work from Sta. 202+20-343+00
Initial permanent irrigation installation from Sta. 202+20 -0343+00 Excavation and construction of gabion basket wall adjacent to Floodwall 19 Construction of the tie-in floodwall to the O’Neill Tide Gate near Sta. 343+00 Initial submittal of handrail shop drawings
Upcoming:
Continued submittals for landscaping, irrigation, striping, and site furnishings Continued import of materials to staging areas
Continued construction of Retaining Wall 02 (northwest of the SM Bridge) Access Point 02 ramp construction (near Baywinds Park) Continued construction of bay-side paths along Floodwall 12 (Beach Park Blvd) Continued access point flatwork (concrete ramps and stairs) along Beach Park Blvd Completion of street light foundations along Beach Park Blvd Completion of streetlight installation along Beach Park Blvd Wiring and energizing of streetlights along Beach Park Blvd Access Point 16 retaining wall construction completion along Beach Park Blvd Access Point 24 Retaining Wall construction completion near Sta. 185+00 (north of Shorebird Park)
Landscaping work along the southern project section (Shorebird Park to Southern Project Limit)
Access Point flatwork (concrete ramps and stairs) south of Shorebird Park Sheet pile concrete cap construction on Floodwall 22 (Egress Bridge to Southern Project Limit) Construction of Egress Bridge (AP 42) parapet walls
Installation of Floodbreak barrier at AP 42
Completion of fine-grading in preparation for paving work from Shorebird Park to Southern Project Limit)
223
MONTHLY CONSTRUCTION MANAGER’S REPORT
Monthly Progress Photos
Earthen fill operations at Access Point 25 north of
Shorebird Park
Forming of Access Point staircases along Beach Park Blvd Lightweight cellular concrete fill operations north of
Shorebird Park along Beach Park Blvd.

Irrigation installation along the trail edge south of Sea Cloud Park.
224
Levee Project Approved Budget: 85,000,000.00$
Vendor Name or Expense Consultant Role or Expense Category Base Contract Amount
Contingency Contract
Amendments
Current Contract
Authority
Amount
Total
Expected/Actual
Cost
Invoices Received
and Paid As Of
09/30/22
Contingency
Spent
Contingency
Remaining
Status
Shimmick Construction Construction Contractor 60,218,000.00$ 9,000,000.00$ 69,218,000.00$ 69,218,000.00$ $53,122,444.32 $8,307,895.95 $692,104.05 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 491,500.00$ 7,490,377.00$ 7,550,000.00$ $5,274,300.81 $0.00 $300,000.00 Active Schaaf & Wheeler (S&W) - Phase 3 Engineering Consultant 2,600,000.00$ -$ 208,745.00$ 2,808,745.00$ 3,100,000.00$ $2,707,857.35 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 51,061.00$ 70,099.00$ 461,564.00$ 470,000.00$ $439,006.29 $51,061.00 $0.00 Active Regional Government Services Authority (RGS) Project Advisory Services** 561,600.00$ -$ -$
561,600.00$ 561,600.00$ $207,958.50 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 49,000.00$ -$ 61,000.00$ 110,000.00$ 110,000.00$ $93,478.75 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 127,056.00$ -$ -$ 127,056.00$ 127,056.00$ $98,928.44 N/A N/A Active Huffman-Broadway Group (HBG) Environmental Consultant - Post Construction Environmental Monitoring
275,000.00$ 275,000.00$ $0.00 $0.00 $0.00 Future Contract Wilsey Ham (WH) RUNCO Survey 16,518.00$ -$
-$ 16,518.00$ 17,000.00$ $4,825.00 N/A N/A In Progress Wilsey Ham (WH) On-Call Surveyor 44,946.00$ 4,000.00$ -$ 48,946.00$ 50,000.00$ $24,156.50 $0.00 $4,000.00 In Progress Bender Rosenthal, Inc. (BRI) Property Acquisition Consultant 218,083.00$ 31,000.00$ 249,083.00$ 249,083.00$ $45,818.25 $0.00 $31,000.00 In Progress Miscellaneous Expenses Other Miscelleneous Expenses 40,000.00$ 40,000.00$ $65,793.45 Active Miscellaneous Expenses Communications / Outreach Expenses 40,000.00$ 40,000.00$ $23,703.24 Active Miscellaneous Expenses Fees Paid to Other Agencies 200,000.00$ 200,000.00$ $180,617.64 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 500,000.00 $ 500,000.00 $392,275.12 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 119,565.00$ 149,551.00$ $141,427.04 $141,427.04 Closed Rutan & Tucker (R&T) Attorney 53,874.86$ 53,874.86$ $53,874.86 $53,874.86 Closed EMC Research, Inc. (EMC) Public Opinion Research 44,000.00$ 2,500.00$ 46,500.00$ $46,500.00 $46,500.00 Closed SCI Consulting (SCI) Public Finance Consultant 110,000.00$ 110,000.00$ $37,168.72 $37,168.72 Closed Kitahata Company + William Euphrat Municipal
Finance, Inc. (KC&WE)
Public Finance Advisory Consultant 80,000.00$ 80,000.00$ $24,610.50 $24,610.50 Closed Stradling, Yocca, Carlson & Rauth (SYCR) Attorney - Bond Counsel 15,000.00$ 15,000.00$ $15,000.00 $15,000.00 Closed Huffman-Broadway Group (HBG) Environmental Consultant 20,000.00$ 20,000.00$ $19,980.65 $19,980.65 Closed Schaaf & Wheeler (S&W) - Phase 1 Engineering Consultant 887,644.00$ 887,644.00$ $887,430.58 $887,430.58 Closed Schaaf & Wheeler (S&W) - Phase 2 Engineering Consultant 2,324,286.00$ 529,150.00$ 2,853,436.00$ $2,853,649.42 $2,853,649.42 Closed Miscellaneous (MISC)- Keech Properties LLC Levee Mitigation Credits/Expenses 170,000.00$ 170,000.00$ $170,000.00 $170,000.00 Closed Chrisp Striping for Edgewater 16,764.55$ 3,000.00$ 19,764.55$ $15,818.40 $15,818.40 $3,000.00 Closed 74,626,039.41$ 9,389,061.00$ 86,873,199.17$ $66,946,623.83 *Includes former City Attorney fees
**Assumes 3 years ($187,200 each year) Total Contract Authority Cost: 86,652,659.41$ Levee Project - Budget Cost: 86,873,199.17$ Assuming using all contingencies

ONGOING AND FUTURE

CONTRACTS AND EXPENSESMISC CLOSED CONTRACTS

CITY OF FOSTER CITY
CIP 327-657 Levee Improvements Project
Budget and Cost Information
Attachment 2
225
City of Foster City

MEMORANDUM
DATE: October 7, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Jennifer Nentwig, Principal, Tripepi Smith
SUBJECT: LEVEE IMPROVEMENTS PROJECT – COMMUNICATIONS METRICS Tripepi Smith would like to share the attached updated Levee Improvements Project Communications Dashboard Report with the Mayor and Members of the City Council. In the report, you will see that the metrics now reflect our communication efforts through the month of September 2022.

As a reminder, t his report is a summary that our team typically develops at the end of each month. It includes data on website traffic, social media engagement, community forum participation, and the number and rate of project email and hotline contacts. While Tripepi Smith has been involved in project communications since January 2021, we have pulled numbers (where available) going back to October 2020 to provide a baseline for comparison.

I would like to highlight a few items of note:
• The City gained approximately 178 new followers/subscribers across all social platforms (Facebook, Twitter, Instagram, Nextdoor and the Levee E-Newsletter) in August 2022.
• The number of Levee Project inquiries decreased to 13 in September 2022, compared to 15 inquiries the month prior. As the project gets closer to completion, we expect the number of inquiries to remain steady as the public will have questions related to the trail reopening.
• The project team conducted two speaking engagements in September 2022. The project team participated in a levee -focused panel discussion at the San Mateo County Council of Cities event. Tripepi Smith President Ryder Todd Smith facilitated the panel discussion and panelists included Mayor Richa Awasthi, Public Works Director Louis Sun and Senior Civil Engineer Francine Magno. Additionally, Louis Sun and TPI Construction Manager Jonathan Tristao gave a virtual Attachment 3
226
presentation for the Project Management Institute, w hich had about 75 participants.

• Overall post reach and engagement are the highest since June 2022. This can be attributed to updated graphics and posts containing helpful project updates, like announcing the upcoming work at Baywinds Park.

• There have been no new levee petition signatures since August 2021.

Our team is actively monitoring the metrics to analyze the effectiveness of various types of communication and to align the cadence of our efforts to the community’s interest levels. We believe that the City’s proactive social media communications are leading to fewer people having questions or concerns about the project in general – reflecting positively on overall outreach and engagement efforts.

During September 2022, the number of project inquiries slightly increased. In our communications, we have seen that residents and community members know the proper channels if they have questions or concerns about the project. The project team anticipates continued project inquiries related to the trail reopening as the project moves closer toward completion.

As you review the full report, please feel free to let me know if you have any questions. I would be happy to walk you through the report one -on-one if it would be helpful, and we will continue to refine the metrics over time to best meet the project’s needs.

227
1 Levee Project CommunicationsPrepared by: Danielle RodriguezMonthly Dashboard ReportSeptember 2022 FOLLOWERS / SUBSCRIBERSCity FacebookCity TwitterCity Instagram [1]City Nextdoor [2]Levee E-Newsletter Total Audience2020 - November1,8041,385 - - 8022020 - December1,8291,392 - - 8022021 - January1,8791,4121,35013,5061,0072021 - February1,9191,4251,38513,7011,0952021 - March2,0591,4311,47913,8311,1082021 - April2,1091,4541,51013,9571,1612021 - May2,1221,4571,51414,1281,1822021 - June2,1351,4581,53114,1861,1922021 - July2,1681,4731,54714,2931,1952021 - August2,1741,4841,56514,3811,2002021 - September2,4001,4931,58714,4931,2022021 - October2,4131,5121,61714,5951,2002021 - November2,4361,5251,63414,6911,2032021 - December2,4451,5311,65314,7291,2072022 - January2,4591,5351,67014,7661,2172022 - February2,4671,5431,68414,8311,2212022 - March2,4781,5521,70414,8951,2292022 - April2,5001,5761,71514,9811,2332022 - May2,5251,5851,73815,0791,2392022 - June2,5721,5971,78015,1831,2452022 - July2,6151,6221,81615,3331,2442022 - August2,6621,6441,86515,4541,2422022 - September [3]2,6801,6491,88715,5581,248 [4] LEVEE COMMUNITY FORUMSCOMMUNITY UPDATE WEBINARS# Webinars# Participants# Questions Answered via Webinar PROJECT TOURS/ SPEAKING EVENTS [5]# of EventsDescription2020 - November- - - 2022 - January2 1 Project Tour with the City of Corte Madera, 1 Presentation to APWA Silicon Valley [6]2020 - December- - - 2022 - February5 4 Project Tours with the City of Foster City City Council, 1 Presentation to Hillsdale United Methodist Church [7]2021 - January1 148 20 2022 - March2 1 Presentation to County Engineers Association, 1 Presentation at 2022 Silicon Valley Women in Engineering Conference [8]2021 - February1 97 45 2022 - April2 1 Presentation at the Ciy's Parks & Recreation Meeting, 1 Presentation at Infraday [9]2021 - March1 48 20 2022 - May1 1 Presentation to Foster City Rotary Club [10]2021 - April1 28 20 2022 - June1 1 Project Tour with Marin County Public Works [11]2021 - June0 0 0 2022 - July0 - [12]2021 - July0 0 0 2022 - August1 City Manager Tour [13]2021 - August1 20 20 2022 - September2 1 Panel at the San Mateo County Council of Cities Event, 1 Presentation to Project Management Institute (PMI) [14]2021 - September0 0 02021 - October0 0 02021 - November0 0 02021 - December0 0 02022 - January0 0 02022 - February0 0 02022 - March0 0 02022 - April0 0 02022 - May0 0 02022 - June0 0 02022 - July0 0 02022 - August0 0 02022 - September0 0 0 NUMBER OF LEVEE EMAILS/CALLSProject Email/Hotline ContactsAvg. Email/Hotline Contacts/Day2020 - November15 0.52020 - December25 0.82021 - January69 2.22021 - February53 1.92021 - March46 1.52021 - April21 0.72021 - May22 0.72021 - June16 0.52021 - July48 1.52021 - August16 0.52021 - September16 0.52021 - October8 0.22021 - November14 0.42021 - December8 0.22022 - January4 0.12022 - February8 0.22022 - March12 0.32022 - April7 0.22022 - May15 0.42022 - June7 0.22022 - July6 0.12022 - August15 0.42022 - September13 [15]0.4 NUMBER OF LEVEE PROJECT POSTS [16]City FacebookCity Twitter [17]City Instagram*City Nextdoor2020 - November1 1 0 02020 - December4 4 0 12021 - January8 7 5 22021 - February7 12 7 12021 - March12 21 9 22021 - April7 20 4 162021 - May5 8 1 72021 - June8 13 2 32021 - July9 17 2 22021 - August9 18 1 12021 - September10 16 0 02021 - October7 9 0 02021 - November10 10 0 12021 - December9 9 0 02022 - January7 9 0 02022 - February8 9 0 12022 - March11 11 1 12022 - April8 9 0 02022 - May9 10 0 02022 - June8 9 0 12022 - July10 10 0 12022 - August9 9 0 02022 - September9 12 [18]0 0*During the months October - December 2020 the City did not post levee related items on the City's Instagram page. In January 2021, Tripepi Smith made the first levee related post. 228
2 LEVEE POST IMPRESSIONS/REACHCity Facebook - Post ReachCity Twitter - ImpressionsCity Instagram - Impressions [19]City NextdoorTOTAL2020 - November259 399 0 0 6582020 - December1,3001,391 0 2447*2,6912021 - January61,00615,9492161192281,0382021 - February17,492**3,7112,192924 6,8272021 - March60,1558,7533,5552,28274,7452021 - April11,8385,5431,49610,78929,6662021 - May1,4352,786346 5,1469,7132021 - June2,0083,377545 2,6488,5782021 - July8,8354,643599 1,71515,7922021 - August3,3494,318340 967 8,9742021 - September1,8082,568 0 0 4,3762021 - October3,7961,257 0 0 5,0532021 - November3,7221,809 0 1,5547,0852021 - December4,4411,397 0 0 5,8382022 - January869 1,265 0 0 2,1342022 - February2,7011,078 0 1,0624,8412022 - March1,4751,293355 797 3,9202022 - April6,4401,214 0 0 7,6542022 - May3,0471,529 0 0 4,5762022 - June1,6531,305 0 943 3,9012022 - July996 1,264 0 674 2,9342022 - August1,0731,191 0 0 2,2642022 - September1,989 [20]1,487 0 0 3,476 [21] LEVEE POST ENGAGEMENT [22]City Facebook - Post EngagementsCity Twitter - EngagementsCity InstagramCity Nextdoor - Thanks & RepliesTOTAL2020 - November13 7 0 0 202020 - December63 90 0 17 1702021 - January3,776604 2,101 13 6,4942021 - February1,278142 2,019 3 3,4422021 - March2,801183 3,291 1 6,2762021 - April1,192100 1,333 11 2,6362021 - May65 67 309 2 4432021 - June87 60 94 13 2542021 - July875 161 13 4 1,0532021 - August90 122 13 1 2262021 - September46 37 0 0 832021 - October128 52 0 0 1802021 - November284 66 0 4 3542021 - December108 21 0 0 1292022 - January85 61 0 0 1462022 - February159 27 0 2 1882022 - March90 26 6 0 1222022 - April411 34 0 0 4452022 - May395 52 0 0 4472022 - June125 54 0 3 1822022 - July16 35 0 1 522022 - August7 37 0 0 442022 - September48 37 0 0 85 [23] LEVEE WEBSITE ANALYTICS2020 - November # of Vistors2020 - December # of Vistors2021 - January # of Vistors2021 - February # of Vistors2021 - March # of Vistors2021 - April # of Vistors2021 - May # of Vistors2021 - June # of Vistors2021 - July # of Vistors2021 - August # of Vistors2021 - September # of Vistors2021 - October # of Vistors2021 - November # of Vistors2021 - December # of Vistors2022 - January # of Vistors2022 - February # of Vistors2022 - March # of Vistors2022 - April # of Vistors2022 - May # of Vistors2022 - June # of Vistors2022 - July # of Vistors2022 - August # of Vistors2022 - September # of Vistors [24]Average Visits Per DayAverage Visit Length (Minutes)fostercity.org [25]294034234601- - - - - - - - - - - - - - - - - - - - - -fostercitylevee.org [26]- - - 4,3299,145 4,5014,163 4,9424,9263,7672,790 2,6372,7522,1103,0133,0172,6283,5684,8274,9424,1633,3503,275109 1:34 LEVEE PETITIONPetition Signatures2021 - February2,7192021 - March2,7192021 - April2,7202021 - May2,7222021 - June2,7222021 - July2,7232021 - August2,7222021 - September2,7222021 - October2,7222021 - November2,7222021 - December2,7222022 - January2,7212022 - February2,7212022 - March2,7212022 - April2,7212022 - May2,7212022 - June2,7212022 - July2,7212022 - August2,7212022 - September [27]2,721

TOP LEVEE PROJECT SOCIAL MEDIA POSTS
City FacebookThe top two Facebook posts during September 2022 for the Levee Project promoted the project website's FAQ, while another other top post highlightedCity TwitterThe three top levee-related Tweet in September 2022 highlighted upcoming work in the Baywinds Park area, which is slated to begin in October.the Safety Tip of the Week. Other popular Tweets from the month promoted the Safety Tip of the Week and the project website's FAQ page.

City InstagramThe Levee Improvements Project did not post on Instagram in September 2022. 229
3 Zencity Insights
Most Popular Topics: Conversation items classified by topic, arranged from highest number of interactions to lowest.Popular Words: The words that appear most frequently across your channels.

BOOSTED LEVEE PROJECT POSTSTripepi Smith did not boost any levee project-related social media posts in September 2022.

NOTABLE LEVEE PROJECT MEDIA MENTIONSPlatformGroup Post URLFacebookFoster City Together https://www.facebook.com/groups/fostercitytogether/posts/1064456340922590/?__cft__[0]=AZUmWxIbRgLq06rcdEB-hDIXTvIS57g-IIS2w8i01_10OEmlwktatOOzGRFB_DKcHjOB9WQk9XO7JtpfcH3SUy4cbpXFGO8vVAXHFUiqdD7Gq-deqt654xAJ6CV7IJs6BkOHOY0yHlMgdMQMNxenmsGF&__tn__=%2CO%2CP-R FacebookFoster City Together https://www.facebook.com/groups/fostercitytogether/posts/1067976183903939/?__cft__[0]=AZXFutvg3OVxFNsLeoz4JlWwOC5EJD6B3FsD-z4L-qMEJa_db4Bi2q1YDdh3ys5WMZwxoO83Ig4TVM0ccROGQ6QHKyuvHF7M6VWiAFM3oje2dtiXgIUOuO5Hsga7xOnkY05_Ma4WJ7yPhhjdoKYPNgX9dNzLUuyfhqz9qYPNqzxZig&__tn__=%2CO%2CP-R

OTHER NOTABLE LEVEE PROJECT SUPPORT
Social media monitoring Since January 2021, Tripepi Smith began monitoring the City's social media sites daily to ensure items relating to the Levee Project are intact and to ensure there is no misinformation being shared. Tripepi Smith has been able to comment back to several followers regarding questions or clarification. Presentation requests/meeting logisticsTripepi Smith Smith President Ryder Todd Smith facilitated a project-focused panel at the San Mateo County Council of Cities. Additionally, Principal Jennifer Nentwig and Business Analyst Danielle Rodriguez coordinated logistics and staffed a virtual presentation for the Project Management Institute (PMI). 230
4 [1] Due to the recent connectivity with Sprout Social, the metrics generator, we were unable to retrieve the followers metrics for previous months. [2] Nextdoor metrics does not archive the previous months members metric. It must be calculated at the first of the month. [3] Followers/subscribers increased across all platforms in September 2022. [4] The project earned 6 new newsletter subscribers in September 2022. [5] This is a new section as of January 2022.
[6] The Levee Improvements Project team took the City of Corte Madera's Public Works Director, Planning Manager and Senior Civil Engineer on a tour of the project site. [7] The Levee Improvements Project team took the Foster City City Council on four separate project tours in February 2022, which is also where Mayor Awasthi filmed an episode of "The Mayoral Minute." Additionally Public Works Director Louis Sun and Senior Civil Engineer Francine Magno gave a presentation to Hillsdale United Methodist Church. [8] The Levee Improvements Project team participated at the 2022 CEAC Spring Conference. Additionally, Senior Civil Engineer Francine Magno presented at the 2022 Silicon Valley Women in Engineering Conference in March 2022. [9] Senior Civil Engineer Francine Magno provided a levee update at the City's Parks & Recreation meeting and Public Works Director Louis Sun gave a presentation at the Infraday Conference in Los Angeles. [10] Public Works Director Louis Sun and Senior Civil Engineer Francine Magno provided a levee update to the Foster City Rotary Club. [11] Senior Civil Engineer Francine Magno and Tanner Pacific, Inc. coordinated a project tour with representatives from Marin County Public Works. [12] The project team did not conduct tours or presentations in July 2022, though future events are being planned to take place in the coming months. [13] The project team conducted a tour with City Manager Stefan Chatwin in August 2022. [14] Members of the project team participated in a panel event for the San Mateo County Council of Cities, hosted by the City of Foster City. Panelists included Mayor Richa Awasthi, Public Works Director Louis Sun and Senior Civil Engineer Francine Magno.

Public Works Director Louis Sun and TPI Construction Manager Jonathan Tristao gave a virtual presentation for the Project Management Institute, where 75 participants learned about the project. [15] The total number of inquiries totaled 13, which is comparable to 15 inquiries the month prior. As the project moves closer toward completion, we expect a slight increase in inquiries and questions related to the trail reopening in the coming months.
[16] Number of posts is only relating to the Levee Improvements Project. [17] Due to the character limit on Twitter, some Tweets had to be posted in a thread (series of Tweets about one topic). [18] Due to Twitter's character limit, some posts were published in a series of Tweets, also known as a thread. [19] Instagram Impressions: The number of times your content is displayed, no matter if it was clicked or not. [20] September 2022 Facebook post reach is the highest since May 2022. This months posts featured newer graphics and included major project updates, like upcoming work in the Recreational Water User area. [21] Overall post impressions/reach are the highest they have been since June 2022. This is especially notable since June 2022 contained a Nextdoor post, while September 2022 did not. [22] Facebook Engagement: Calculated based on the number of likes, comments, shares, and clicks your posts are generating Instagram Engagement: Anytime a user likes, shares or comments on one of your posts.

Twitter Engagement: Total number of times users interacted with a Tweet (clicks anywhere on the Tweet including Retweets, replies, follows, likes, links, cards, hashtags, embedded media, username, profile photo, or Tweet expansion). [23] Similar to post reach/impressions, overall engagement in September 2022 is the highest since June 2022. [24] The number of project website visitors in September 2022 is comparable to the number of website visitors in August 2022. [25] This data was retrieved from the highest trafficked Levee URLs:
/publicworks/project/levee-improvements-project-cip-301-657 /community/page/levee-trail-close-shorebird-park-san-mateo-bridge-early-january /publicworks/page/levee-improvements-project-what-will-improved-levee-look /publicworks/page/levee-improvements-project-latest-construction-updates 231
5 [25] This data was retrieved from the highest trafficked Levee URLs:
/publicworks/project/levee-improvements-project-cip-301-657 /community/page/levee-trail-close-shorebird-park-san-mateo-bridge-early-january /publicworks/page/levee-improvements-project-what-will-improved-levee-look /publicworks/page/levee-improvements-project-latest-construction-updates [26] The new Foster City Levee Project webpage was created in Feb. 2020. There was no data from Oct. - January. However, data will only populate under this new website from Feb. on. [27] There have been no new signatures since August 2021 and an additional signature was removed from the petition in January 2022. 232

DATE: October 17, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Benjamin Stock, City Attorney

SUBJECT: PROPOSED ORDINANCE AMENDING TITLE 8, “HEALTH AND SAFETY” OF THE FOSTER CITY MUNICIPAL CODE TO ADD A
NEW CHAPTER 8.11, “REGULATION OF THE SALE OF

FLAVORED TOBACCO PRODUCTS AND ELECTRONIC
CIGARETTES” IN FOSTER CITY

RECOMMENDATION

It is recommended that the City Council introduce by title only and waive further reading of an ordinance amending Title 8, “Health and Safety” of the Foster City Municipal Code to add a new Chapter 8.11, “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” to prohibit the sale of flavored tobacco products and electronic cigarettes by retailers in Foster City.

EXECUTIVE SUMMARY

At the July 18, 2022 City Council meeting, Councilmember Gehani requested, and a majority of the Council supported, placing on a future agenda an ordinance to prohibit the sale of flavored tobacco and “vapes” otherwise known as electronic cigarettes.

On August 15, 2022, the City Council was presented with a draft ordinance that proposed amending Title 8 of the Foster City Municipal Code to add a new Chapter 8.11 to regulate the sale of flavored tobacco products and 233
electronic cigarettes. After a robust discussion by the Council, the proposed ordinance was not supported by a majority and thus was not introduced.

At the September 19, 2022 Council meeting Mayor Awasthi requested, and a majority of Council supported, re-agendizing an ordinance that mirrored Senate Bill (SB) 793 which regulates flavored tobacco and is currently the subject of a referendum and will be on the ballot in November as Proposition

31. At the October 3, 2022 City Council meeting, Council considered a draft ordinance that mirrored the prohibitions of flavored tobacco in SB 793. After consideration, a majority of Council directed staff to revise the draft ordinance presented at the October 3rd meeting to add a prohibition on the sale of electronic cigarettes. Staff has prepared a new proposed ordinance for Council’s consideration this evening.

BACKGROUND

Tobacco use remains the leading cause of preventable death in the United Sates, killing more than 480,000 people each year.1 Smoking causes or contributes to many forms of cancer, as well as heart and respiratory diseases, among other heath disorders. Tobacco use remains a public health crisis, in terms of the human suffering and loss of life it causes, the financial costs it imposes on society and the burdens it places on our health care system.

Flavored Tobacco Products

Flavored tobacco products have been the subject of negative publicity as they are known to be attractive to minors. According to Campaign for Tobacco Free Kids, a non-profit organization that works to reduce youth access to tobacco and reduce tobacco related deaths:

 Tobacco industry documents show that the tobacco companies have a long history of developing and marketing flavored tobacco products as “starter” products that attract kids.

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 Flavors improve the taste and reduce the harshness of tobacco products, making them more appealing and easier for beginners to try the product and ultimately become addicted.

 Menthol cools and numbs the throat, reducing the harshness of cigarette smoke, thereby making menthol cigarettes more appealing to youth who are initiating tobacco use.

 According to the Federal Food and Drug Administration’s (FDA) Tobacco Product Scientific Advisory Committee (TPSAC), menthol cigarettes increase the number of children who experiment with cigarettes and the number of children who become regular smokers, increasing overall youth smoking.
 Flavors can create the false impression that a tobacco product is less harmful than it really is.

The Campaign for Tobacco-Free Kids recently reported the results of the 2021 National Youth Tobacco Survey2, which showed that 2.55 million middle and high school students reported using tobacco products in the first half of 2021. Of those students, approximately 8 in 10 of all current youth tobacco users (79.1%) and 85% of youth e-cigarette users reported using flavored products.

Flavored tobacco products promote youth initiation of tobacco use and help young occasional smokers to become daily smokers by reducing or masking the natural harshness and taste of tobacco smoke and thereby increasing the appeal of tobacco products. Tobacco companies have used flavorings such as mint and wintergreen in smokeless tobacco products to encourage new users to start with tobacco products with lower levels of nicotine and progress to products with higher levels of nicotine.

Research also shows that use of menthol cigarettes has perpetuated disparities among different groups. According to the 2018 National Survey of Drug Use and Health (NSDUH): 85% of African American smokers, 50% of Hispanic smokers and 47% of Asian American smokers use menthol 235
cigarettes, compared to 29% of White smokers; 51% of lesbian/gay and 46% of bisexual smokers use menthol cigarettes, compared to 39% of heterosexual smokers; 45% of smokers with severe psychological distress use menthol cigarettes compared to 39% of smokers with no past month serious psychological distress; 47% of smokers living in poverty use menthol cigarettes, compared to 36% of smokers with an income exceeding twice the Federal Poverty Threshold; and 60% of pregnant smokers use menthol cigarettes.3

Electronic Cigarettes

According to the American Lung Association, electronic cigarettes use a battery to heat up a special liquid into an aerosol that users inhale and the "e- juice" that fills the cartridges usually contains nicotine, propylene glycol, flavorings, and other chemicals.4 Electronic cigarettes are sometimes called “e-cigs,” “vapes,” “e-hookahs,” “vape pens,” and “Electronic Nicotine Delivery Systems (ENDS).” Some electronic cigarettes look like regular cigarettes, cigars, or pipes but others look less obvious and may take the appearance of a USB flash drive, pens, and other everyday items. Because users inhale the vapor, using an electronic cigarette is often referred to as ‘vaping.’

The FDA continues to conduct research on electronic cigarettes and had indicated that many studies suggest electronic cigarettes and noncombustible tobacco products may be less harmful than combustible
cigarettes. However, there is not enough evidence to support claims that electronic cigarettes and other ENDS are effective tools for quitting smoking and to date, no electronic cigarette has been approved as a cessation device or authorized to make a modified risk claim.5

The FDA monitors the national usage rates for all tobacco products, including an annual youth survey, and has seen a drastic increase in youth use of electronic cigarette products in recent years.

A February 2019 publication by the Harvard Medical School stated advocates of vaping have promoted it as a way to help cigarette smokers to quit. The article indicated that although giving up nicotine products altogether might be the ultimate goal, there may be health benefits to a smoker who becomes a long-term vaper instead, though this remains unproven.

While the FDA has stated electronic cigarettes are unhealthy, they have 236
recommended smokers who have chosen to vape not return to cigarette smoking, but rather should seek FDA approved smoking cessation medications.

Regulation of Flavored Tobacco and Electronic Cigarettes

On August 28, 2020, SB 793 was signed into law by Governor Newsom. SB 793 provides that a tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. SB 793 exempts from this prohibition the sale of “Shisha tobacco product”, which is a tobacco product smoked or intended to be smoked in a hookah, by certain permitted/licensed retailers and the sale of certain specialty cigars. Implementation of SB 793 has been halted due to the filing of a referendum with the California Secretary of State to repeal the new law.

In the November 2022 state election, the voters of the State of California will decide whether to enact or repeal SB 793 through Proposition 31. Even if the referendum is successful and SB 793 is repealed that would not affect locally enacted measures that have prohibited flavored tobacco products.

There are various laws that regulate tobacco retailers including Penal Code section 308, the Stop Tobacco Access to Kids Enforcement (STAKE) Act (Business and Professions Code sections 22950-22963) and the 2009 Tobacco Control Act (21 U.S.C.§ 387f(d). The STAKE Act prohibits, among other things, a person from selling or otherwise furnishing tobacco products to a person under 21 years of age.

In addition to State and Federal laws, many cities and counties have, pursuant to their police power, adopted local laws regulating the sales of flavored tobacco and/or electronic cigarettes. The County of San Mateo prohibits the sale or offer for sale, by any person or tobacco retailer the sale of flavored tobacco products.6

The following cities within San Mateo County have adopted a flavored tobacco ordinance:
 Portola Valley
 Half Moon Bay
 San Carlos
 South San Francisco
 Burlingame
237
 Menlo Park
 East Palo Alto
 San Mateo
 Redwood City
 Pacifica

Although the City of Millbrae recently considered this issue on July 12, 2022, Millbrae did not take any action to adopt an ordinance prohibiting flavored tobacco.

Additionally, the County of San Mateo and the following cities have adopted ordinances prohibiting the sale of electronic cigarettes:

1. Redwood City

2. East Palo Alto

3. Menlo Park

4. San Mateo

5. South San Francisco (21+years stores are allowed to sell)

6. Pacifica

As discussed at the October 3, 2022 meeting, some jurisdictions have gone beyond the regulation of flavored tobacco and electronic cigarettes and have adopted other tobacco regulations such as tobacco-free pharmacies and/or have created tobacco retail permit or licensing regulatory programs.7

There have been some legal challenges to certain ordinances. JUUL initially challenged a ballot measure for the City and County of San Francisco relating to electronic cigarettes and flavored tobacco (Measure C) and an ordinance adopted by the City of Livermore. Ultimately, JUUL withdrew its financial support opposing the regulations due to a change in new leadership at JUUL causing the company to review its policies. Additionally, various tobacco retailers have sued cities that have adopted ordinances regulating flavored tobacco, including the City of Palo Alto, based on various causes of action including alleged violations of the U.S. and California Constitutions. It does not appear that any litigation, to date, has been successful in overturning these ordinances.

ANALYSIS

238
Pursuant to the direction of the Council, staff has prepared an ordinance to prohibit the sale of flavored tobacco products that mirrors SB 793 but also adds a prohibition on the sale of electronic cigarettes.

The proposed ordinance would add a new Chapter 8.11 to, among other things, prohibit sale of flavored tobacco products as follows:
 No person or tobacco retailer shall sell, or offer for sale any flavored tobacco product within the geographic boundaries of Foster City.  No person or tobacco retailer shall sell, or offer for sale any electronic cigarettes to a person within the geographic boundaries of Foster City.

The proposed ordinance also contains a number of defined terms consistent with SB 793. For example, "Flavored Tobacco Product" means any tobacco product that contains a constituent that imparts a characterizing flavor. The proposed ordinance also defines a number of terms relating to electronic cigarettes.

The proposed ordinance also contains the same exemptions contained in SB 793 for the sale of flavored shisha tobacco products by a hookah tobacco retailer and the sales of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises or loose leaf tobacco, as those terms are defined in SB 793.

The proposed ordinance also provides that restaurants that have 50% of the outdoor seating area designated as smoking areas and sell hookah products for use with a hookah pipe as an approved use as of the effective date of the ordinance are also exempt from the regulation. However, if SB 793 is approved by the voters and enacted, the City would be preempted from enforcing this exemption because it is not as restrictive as State law. SB 793 specifically provides that its provisions do not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products.

Finally, the proposed ordinance also specifies that any violation would be deemed a public nuisance and provides various enforcement mechanisms to address violations, including the issuance of administrative citations and fines pursuant to Section 1.08.060 of the Municipal Code.

The proposed ordinance, if adopted, would become effective 30 days after adoption. The Council could revise the proposed ordinance to amend the 239
effective date to allow a longer period of time before the ordinance becomes effective.

CEQA

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.

FISCAL IMPACT

Adoption of this ordinance would likely result in increased staff time and costs for enforcement.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This requested action is in alignment with the City Council’s Vision and Mission which “emphasizes public safety and proactively works toward strengthening relationships with the community.”

Attachments:

 Attachment 1 – Proposed Ordinance

1U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. Atlanta:

U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014.

2https://www.cdc.gov/mmwr/volumes/71/ss/ss7105a1.htm?s_cid=ss7105a1_w

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3Delnevo, CD, et al., “Banning Menthol Cigarettes: A Social Justice Issue Long Overdue,” Nicotine & Tobacco Research, 22(10): 1673-1675, 2020.

4https://www.lung.org/quit-smoking/e-cigarettes-vaping/whats-in-an-e- cigarette

5https://www.fda.gov/tobacco-products/products-ingredients-components/e- cigarettes-vapes-and-other-electronic-nicotine-delivery-systems-ends

6See https://www.smchealth.org/flavoredtobacco; Ordinance (for Unincorporated Areas):

Chapter 4.99 - Sales of Flavored Tobacco Products and Pharmacy Sales of Tobacco Products Prohibited

7See the San Mateo County Smoking & Tobacco-Related Policy Matrix:
https://www.smchealth.org/sites/main/files/file-
attachments/local_smoking_policy_matrix_-
_no_hotels_2018_update_0.pdf?1649462304

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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 8, “HEALTH AND SAFETY,” OF THE FOSTER CITY MUNICIPAL CODE TO ADD A NEW CHAPTER 8.11, “REGULATION OF THE SALE OF FLAVORED TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES”
WHEREAS, tobacco use remains the leading cause of preventable death in the United Sates, killing more than 480,000 people each year.1 It causes or contributes to many forms of cancer, as well as heart and respiratory diseases, among other heath disorders. Tobacco use remains a public health crisis of the first order, in terms of the human suffering and loss of life it causes, the financial costs it imposes on society and the burdens it places on our health care system; and
WHEREAS, according to the Federal Food and Drug Administration (“FDA”), nearly 80% of youth ages 12-17 and nearly 75% of young adults ages 18-25 who were currently tobacco users in 2014 reported that the first tobacco product they ever used was flavored;2 and
WHEREAS, according to Campaign for Tobacco Free Kids, a non-profit organization that works to reduce youth access to tobacco and reduce tobacco related deaths:
Tobacco industry documents show that the tobacco companies have a long history of developing and marketing flavored tobacco products as “starter” products that attract kids.
Flavors improve the taste and reduce the harshness of tobacco products, making them more appealing and easier for beginners to try the product and ultimately become addicted.
Menthol cools and numbs the throat, reducing the harshness of cigarette smoke, thereby making menthol cigarettes more appealing to youth who are initiating tobacco use.
According to the Federal Food and Drug Administration’s (FDA) Tobacco Product Scientific Advisory Committee (TPSAC), menthol cigarettes increase the number of children who experiment with cigarettes and the number of children who become regular smokers, increasing overall youth smoking. Flavors can create the false impression that a tobacco product is less harmful than it really is; and
WHEREAS, the Campaign for Tobacco-Free Kids recently reported the results of 1 U.S. Department of Health and Human Services. The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 2 Villanti, A. C., Johnson, A. L., Ambrose, B. K., Cummings, K. M., Stanton, C. A., Rose, S. W., Hyland, A. (2017). Flavored Tobacco Product Use in Youth and Adults: Findings From the First Wave of the PATH Study (2013-2014). American Journal of Preventive Medicine.
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the 2021 National Youth Tobacco Survey3, which showed that 2.55 million middle and high school students reported using tobacco products in the first half of 2021. Of those students surveyed, approximately 8 in 10 of all current youth tobacco users (79.1%) and 85% of youth electronic cigarette users reported using flavored products; and WHEREAS, the FDA has stated electronic cigarettes are unhealthy, they have recommended smokers who have chosen to vape not return to cigarette smoking, but rather should seek FDA approved smoking cessation medications; and WHEREAS, with the potential repeal of SB 793, a local prohibition against the sale of all flavored tobacco and electronic cigarettes is an effective means to reduce the availability of these products to youth, thereby protecting the public health and safety by discouraging tobacco initiation and continued use.

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

Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein as findings which are the basis for the amendment.

Section 2. Amendment. Title 8 (Health and Safety) of the Foster City Municipal Code is amended to add a new Chapter 8.11 entitled “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” which shall read as follows:
“8.11.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Characterizing Flavor" means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition that constitutes a characterizing flavor.
"Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
3 https://www.cdc.gov/mmwr/volumes/71/ss/ss7105a1.htm?s_cid=ss7105a1_w 243
"Distinguishable" means perceivable by either the sense of smell or taste. "Electronic Cigarette" has the meaning set forth in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time. “Flavored Shisha Tobacco Product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor. "Flavored Tobacco Product" means any tobacco product that contains a constituent that imparts a characterizing flavor.
“Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water.

Components of a hookah may include heads, stems, bowls, and hoses. “Hookah Tobacco Retailer” means a Tobacco Retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories at a Retail Location.
“Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.
“Loose Leaf Tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes.
“Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer.
"Person" means any individual, partnership, cooperative association, private corporation, or any other legal entity.

“Premium Cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
“Restaurants” means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club (including veterans’ club), boardinghouse or guesthouse, the primary function of which is to give, sell or offer for sale food to the public, guests, patrons or employees.
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“Retail Location” means both of the following:
(A) A building from which tobacco products are sold at retail. (B) A vending machine.
“Sale” includes any transfer of title or possession for a consideration, exchange or barter, in any manner or by any means whatever.
“Shisha Tobacco Product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product. “Tobacco Product” means a Tobacco Product as defined in Section 104495(a)(8) of the California Health and Safety Code, as that provision may be amended from time to time.

“Tobacco Product Flavor Enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a Characterizing Flavor when added to a Tobacco Product.
“Tobacco Retailer” means a Person who engages in the sale of Tobacco Products directly to the public from a Retail Location. “Tobacco Retailer” includes a person who operates vending machines from which Tobacco Products are sold in the City of Foster City.

8.11.020 Sale of Flavored Tobacco Products Prohibited.

A. A Tobacco Retailer, or any of the Tobacco Retailer’s agents or employees, shall not sell, offer for Sale, or possess with the intent to sell or offer for Sale, a Flavored Tobacco Product or a Tobacco Product Flavor Enhancer within the geographic boundaries of Foster City.

B. There is a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor, including, but not limited to, text, color, images, or all, on the product’s Labeling or Packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.
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C. Subdivision (A) does not apply to the Sale of Flavored Shisha Tobacco Products by a Hookah Tobacco Retailer if all of the following conditions are met:

1. The Hookah Tobacco Retailer has a valid license to sell Tobacco Products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code.

2. The Hookah Tobacco Retailer does not permit any person under 21 years of age to be present or enter the premises at any time.

3. The Hookah Tobacco Retailer shall operate in accordance with all relevant state and local laws relating to the sale of Tobacco Products.

4. If consumption of Tobacco Products is allowed on the premises of the Hookah Tobacco Retailer, the Hookah Tobacco Retailer shall operate in accordance with all state and local laws relating to the consumption of Tobacco Products on the premises of a Tobacco Retailer, including, but not limited to, Section 6404.5 of the Labor Code.

D. Subdivision (A) does not apply to sales of Premium Cigars sold in Cigar Lounges where Tobacco Products are purchased and
consumed only on the premises of a Cigar Lounge.

E. Subdivision (A) does not apply to Loose Leaf Tobacco or Premium Cigars.

F. Subdivision (A) does not apply to Restaurants that have 50% of the outdoor seating area designated as smoking areas and sell Shisha Tobacco Products for Hookah as an approved use as of the effective date of this Ordinance.

8.11.030 Sale of Electronic Cigarettes Prohibited.

A. A Tobacco Retailer, or any of the Tobacco Retailer’s agents or employees, shall not sell, offer for Sale or possess with the intent to sell or offer for Sale Electronic Cigarettes within the geographic boundaries of Foster City.

B. Subdivision (A) does not apply to Restaurants that have 50% of the outdoor seating area designated as smoking areas and sell Shisha Tobacco Products for Hookah as an approved use as of the effective date of this Ordinance.
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8.11.040 Enforcement.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Violations of this chapter are subject to administrative citations and fines as set forth in Section 1.08.060 of this Code.

C. Violations of this chapter may, in the discretion of the City Attorney or designee, be prosecuted as infractions or misdemeanors.

D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

E. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney or designee, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

8.11.050 Public Nuisance.

Any violation of this chapter is hereby declared a public nuisance.

8.11.060 No Conflict with Federal or State Law.

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.” 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.

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 accordance with the law. 247
Section 6. Effective Date. This Ordinance shall take effect 30 days from the date of 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.

This Ordinance was introduced and read on the 17 th day of October, and passed and adopted on the ___day of _______2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
248

DATE: October 17, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director
Paul Nagengast, Project Advisor, Regional Government
Services

SUBJECT: AUTHORIZE ADDITIONAL CONSTRUCTION CONTINGENCIES IN THE AMOUNT OF $900,000 FOR THE LEVEE PROTECTION
PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657)

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution authorizing additional construction contingencies in the amount of $900,000 for the Levee Protection Planning and Improvements Project (CIP 327-657) (Project).

Funding is available from the budget established for the Project.

EXECUTIVE SUMMARY

Staff is requesting City Council to authorize $900,000 from the Project budget to be available for construction contingencies during the remaining construction activities for the Project.

BACKGROUND

On July 20, 2020, the City Council adopted Resolution No. 2020-76 awarding a contract to Shimmick Construction Co., in the amount of $60,218,000 for 249
the Levee Protection Planning and Improvements Project. In addition, a construction contingency in the amount of $9,000,000 was provided for contract change orders during the construction of the Project with contract change orders greater than $250,000 to be approved by City Council.

During the course of construction there have been twenty-eight (28) authorized contract change orders issued to the contractor from the construction contingency in the amount of $8,463,552.50.

While there is approximately $500,000 remaining in contingency monies, staff anticipates several potential change orders currently being reviewed to exhaust the amount authorized by the City Council in 2020. In order to not delay the Project by holding up any future change orders due to insufficient contingency funds, staff is requesting authorization from City Council for additional contingency funds to be available for contract change orders. This request for additional contingency is within the City Council's approved budget and is not a request to increase the project budget. At this time, the overall project expenditures remain within budget. Subsequent to the construction completion date, any contingency funds remaining will be returned to the Project budget.

Staff recommends the City Council continue to approve any contract change orders greater than $250,000 in accordance with the Project's current policy on change order approvals.

Funding for the additional construction contingency monies are available in the approved Project budget (CIP 327-657).

ANALYSIS

In order to keep the Project schedule on time, sufficient monies should be maintained in the construction contingencies to be available for contract change orders. Delays to approving contract change orders due to insufficient funding in the construction contingencies could affect the Project construction timeline.

FISCAL IMPACT

The Project contract change orders have totaled 28 and $8,463,552.50 as of the date of this report. The request for City Council to authorize an additional $900,000 to be made available as construction contingency monies 250
minimizes potential Project delays due to insufficient funds available for a contract change order. Any funds remaining in the construction contingency at Project completion are returned to the Project budget.

Adequate funding is provided for the additional construction contingencies amount from the Project budget (CIP 327-657).

CITY COUNCIL MISSION/VISION AND VALUE/PRIORITY AREA

The Levee Improvements Project is in alignment to the City Council's adopted Vision and Mission statements, in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide.

Attachment:
 Attachment 1 - Resolution
251
RESOLUTION NO. __________

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

AUTHORIZING ADDITIONAL CONSTRUCTION CONTINGENCY FUNDS FOR CONTRACT CHANGE ORDERS IN THE AMOUNT OF $900,000 FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657)

CITY OF FOSTER CITY
WHEREAS, on July 20, 2020, the City Council adopted Resolution 2020-76 awarding a contract to Shimmick Construction Co., in the amount of $60,218,000 for the Levee Protection Planning and Improvements Project (CIP 327-657) (Project); and WHEREAS, on July 20, 2020, a construction contingency in the amount of $9,000,000 was provided for contract change orders during the construction of the Project with contract change orders greater than $250,000 to be approved by City Council; and
WHEREAS, during the course of construction there have been twenty-eight (28) authorized contract change orders issued to the contractor from the construction contingency amount; and
WHEREAS, it is necessary to provide additional construction contingency monies for any potential contract change orders during the remainder of the Project construction; and
WHEREAS, funding is available in the approved project budget for the Levee Protection Planning and Improvements Project (CIP 327-657).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City hereby authorizes:

Additional contingency monies in the amount of $900,000 for the Levee Protection Planning and Improvements Project (CIP 327-657) with contract change orders greater than $250,000 to be approved by City Council; and 252
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
253
Prepared Date 9/15/2022 City of Foster City, CA
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