Agenda packet — Foster City City Council, May 1, 2023 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85792773928 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.

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/85792773928
To dialin via phone:
16699006833 or
14086380968
And enter Webinar ID:857 9277 3928
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 dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team

4.2. A Proclamation Recognizing May 2023 as "Mental Health Month"

4.3. A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage Month"

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

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

6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. 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 Special Meeting Minutes of April 10, 2023

6.2. City/EMID Regular Meeting Minutes of April 17, 2023

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. One (1) in the Amount of $38,100 to the Agreement With Wilsey Ham for oncall Services for the Levee Protection Planning and Improvements Project (CIP 327657) CEQA: Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012). a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Appropriating $250,893 From the Vehicle Replacement Fund to Account No. 5010560 4314384 and Authorizing the Sole Source Purchase of a New Catch Basin Cleaner Truck From Stetco Group, LLC in the Amount of $250,892.82 and Authorize the City Manager to Approve the Purchase Order a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of $15,548.00 From the General Fund Balance to Account No. 00106704214255 for FY 20222023 to Pay Police Academy Tuition for Four Current Police Officer Recruits
a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing Award of Vendor Agreement to SCA (Sweeping Corp of America) of CA, LLC, in an Annual Amount Not to Exceed $131,000 for Street Sweeping Services From June 1, 2023 Through December 31, 2025, With Optional Extensions Through December 31, 2028; Authorizing the Mayor to Execute the Agreement; Authorizing the City Manager to Extend the Agreement With Associated Contractuallydefined Increases; and Finding Approval of Agreement Categorically Exempt From Review Under the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution

6.7. a) A Resolution of the City Council of the City of Foster City Authorizing the Transfer of $233,455 From the Wastewater Fund 451 to the Vehicle Replacement Fund 501 and Appropriating $415,904 From the Vehicle Replacement Fund 501 to Account No. 50105604314384 and Authorizing the Purchase of a VacCon VJT1500 Truck for a Total Amount of $415,903.68 From VacCon Inc. and Authorizing City Manager to Approve the Purchase Order; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Transfer of $233,455 From the Wastewater Fund 451 to the Vehicle Replacement Fund 501 and Appropriating $415,904 From the Vehicle Replacement Fund 501 to Account No. 50105604314384 and Authorizing the Purchase of a VacCon VJT1500 Truck for a Total Amount of $415,903.68 From VacCon Inc. and Authorizing City Manager to Approve the Purchase Order
c) Staff Report
d) Adopt Resolutions

6.8. a) A Resolution of the City Council of the City of Foster City Authorizing the Adoption of the Joint Use Agreement for Joint Use Facilities Between the San MateoFoster City School District and the City of Foster City/Estero Municipal Improvement District for a Three (3) Year Term Extension From May 1, 2023, Through April 30, 2026; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Adoption of the Joint Use Agreement for Joint Use Facilities Between the San MateoFoster City School District and the City of Foster City/Estero Municipal Improvement District for a Three (3) Year Term From May 1, 2023, Through April 30, 2026
c) Staff Report
d) Adopt Resolutions

6.9. a) A Resolution of the City Council of the City of Foster City Approving a Professional Services Agreement in an Amount Not to Exceed $289,002.25 With Tait Environmental Services, Inc. For Professional Engineering Design Services Associated With CIP 301700 Fuel Systems Improvements (2021 2022) and finding award of agreement is exempt from the California Environmental Quality Act (CEQA) Pursuant to Guideline Section 15061(b) (3); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Professional Services Agreement in an Amount Not to Exceed $289,002.25 With Tait Environmental Services, Inc.

For Professional Engineering Design Services Associated With CIP 301 700 Fuel Systems Improvements (20212022) and finding award of agreement is exempt from the California Environmental Quality Act (CEQA) Pursuant to Guideline Section 15061(b)(3)
c) Staff Reports
d) Adopt Resolutions

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments Regarding Revisions to the City/District Master Fees and Service Charges Schedule for Fiscal Year 20232024
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 202324 f) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 202324

7.2. A Public Hearing to Hear and Consider Comments Regarding Introduction of Chapter 8.090 Water Neutrality Growth Ordinance of Title 8, Water and Sewer Service, of the Estero Municipal Board of Directors (EMID), for New Development(s), Redevelopment(s) And Change in Use That Will Require a New Water Service From EMID or Will Increase Water Demand Above the Historic Average Annual Water Demand for the Subject
Site/Parcel/Development. The Ordinance Is Necessary to Manage the EMID’s Potable Water Supply in the Short and Long Term and to Avoid or Minimize the Effects of Drought and Shortage Within the EMID Service Area a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – Adopt an Ordinance of the Estero Municipal Improvement Board of Directors to Add a New Chapter 8.90, Water Neutrality Growth, Within Title 8, Water and Sewer Service, of the Estero Municipal Improvement District Code and Finding the Approval of the Ordinance Exempt From the California Environmental Quality Act (CEQA) Pursuant to Guideline Section 15307

8. REPORTS

8.1. City Council Vision and Mission Statement and Goals for 2023 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.2. Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. An Ordinance of the City of Foster City Amending Section 12.40.080 Permit —Renewal, of Chapter 12.40 Work Within Public Places, of Title 12 Public Property of the Foster City Municipal Code to Set the Fee by Council Resolution
a) Staff Report
b) Action
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, adopt ordinance

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City of Foster City Renewing Ordinance No. 647 Regarding Police Department Acquisition and Use of Military Equipment Pursuant to Assembly Bill 481 and Government Code Section 7070 Et Seq.

And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on April 13, 2023
a) Information Item Only
b) No Action Required

12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

13. CLOSED SESSION

13.1. Conference With Legal Counsel — Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22CIV 03526)

13.2. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting.

The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

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/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85792773928 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team

4.2. A Proclamation Recognizing May 2023 as "Mental Health Month"

4.3. A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage 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.

6.1. City/EMID Special Meeting Minutes of April 10, 2023

6.2. City/EMID Regular Meeting Minutes of April 17, 2023

7. PUBLIC HEARINGS

8. REPORTS

8.1. City Council Vision and Mission Statement and Goals for 2023 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.2. Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on April 13, 2023
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.2. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85792773928 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team

4.2. A Proclamation Recognizing May 2023 as "Mental Health Month"

4.3. A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage 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.

6.1. City/EMID Special Meeting Minutes of April 10, 2023

6.2. City/EMID Regular Meeting Minutes of April 17, 2023

7. PUBLIC HEARINGS

8. REPORTS

8.1. City Council Vision and Mission Statement and Goals for 2023 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.2. Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on April 13, 2023
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.2. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85792773928 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team

4.2. A Proclamation Recognizing May 2023 as "Mental Health Month"

4.3. A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage 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.

6.1. City/EMID Special Meeting Minutes of April 10, 2023

6.2. City/EMID Regular Meeting Minutes of April 17, 2023

7. PUBLIC HEARINGS

8. REPORTS

8.1. City Council Vision and Mission Statement and Goals for 2023 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.2. Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on April 13, 2023
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.2. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85792773928 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team

4.2. A Proclamation Recognizing May 2023 as "Mental Health Month"

4.3. A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage 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.

6.1. City/EMID Special Meeting Minutes of April 10, 2023

6.2. City/EMID Regular Meeting Minutes of April 17, 2023

7. PUBLIC HEARINGS

8. REPORTS

8.1. City Council Vision and Mission Statement and Goals for 2023 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.2. Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on April 13, 2023
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.2. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85792773928 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team

4.2. A Proclamation Recognizing May 2023 as "Mental Health Month"

4.3. A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage 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.

6.1. City/EMID Special Meeting Minutes of April 10, 2023

6.2. City/EMID Regular Meeting Minutes of April 17, 2023

7. PUBLIC HEARINGS

8. REPORTS

8.1. City Council Vision and Mission Statement and Goals for 2023 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.2. Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on April 13, 2023
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.2. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

6 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85792773928 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team

4.2. A Proclamation Recognizing May 2023 as "Mental Health Month"

4.3. A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage 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.

6.1. City/EMID Special Meeting Minutes of April 10, 2023

6.2. City/EMID Regular Meeting Minutes of April 17, 2023

7. PUBLIC HEARINGS

8. REPORTS

8.1. City Council Vision and Mission Statement and Goals for 2023 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.2. Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on April 13, 2023
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.2. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

7 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85792773928 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 01, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 6th Grade Gold Basketball Team

4.2. A Proclamation Recognizing May 2023 as "Mental Health Month"

4.3. A Proclamation Recognizing May 2023 as "Asian American and Pacific Islander Heritage 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.

6.1. City/EMID Special Meeting Minutes of April 10, 2023

6.2. City/EMID Regular Meeting Minutes of April 17, 2023

7. PUBLIC HEARINGS

8. REPORTS

8.1. City Council Vision and Mission Statement and Goals for 2023 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.2. Audit Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

And Approving the Military Equipment Use Policy
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on April 13, 2023
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.2. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

8 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Neel B., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Neel B.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

9 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Derek D., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Derek D.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

10 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Daniel E., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Daniel E.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

11 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Gabriel F., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Gabriel F.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

12 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Pollux G., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Pollux G.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

13 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Rohan G., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Rohan G.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

14 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Aarav P., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Aarav P.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

15 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Calvin S., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Calvin S.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

16 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Owen S., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Owen S.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

17 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Malik S., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Malik S.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

18 City of Foster City
San Mateo County, California

Certificate of Recognition
On behalf of the Honorable City Council

Whereas, Colton Y., was a member of the Bowditch Middle School 6th Grade Gold Basketball team that completed the 2023 season with an undefeated 13-0 record and went on to win the championship game on March 23, 2023; and exemplified the values of sportsmanship and teamwork.

Now, therefore, I, Jon Froomin, Mayor of the City of Foster City, do hereby present this Certificate to:

Colton Y.

Presented on this 1st day of May, 2023

Mayor Jon Froomin

4.1 Certificates

19 4.2
Proclamation

20 4.3
Proclamation

21 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF APRIL 10, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of April 10, 2023 was called to order at 6:30 p.m. by Mayor/President Froomin.

The meeting was held as a hybrid meeting.

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

PRESENT: Councilmembers/ex officio EMID Directors Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

Councilmember/Director Hindi arrived at 6:32 p.m.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager, Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Edmund Suen, Finance Director; Julie Paping,
Administrative Services Director; Sofia Mangalam, Community Development Director; Tracy Avelar, Police Chief; Ray Towne, Interim Public Works Director; Derek Schweigart, Parks and Recreation Director; Martin Ticas, Police Captain; Laura Galli, Engineering Manager; Tiffany Oren, Recreation Manager; Thai-Chau Le, Planning Manager; ‘Andra Lorenz, Senior Management Analyst; Zaheed Danish, Public Works Superintendent; Oz Jimenez, Recreation Coordinator; Rob Lasky, IT Manager; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
Archana Bhuta, representing Foster City Sports Leagues (Foster City Chinese Church, Foster City Tournament Baseball, PenCities, AYSO, Peninsula), addressed the City Council in person regarding the sports fields’ usage fees.

6.1 Minutes

22 STUDY SESSION
Mayor/President Froomin recessed the meeting into Study Session for the following:

1. Cost Allocation Plan and User Fee Study and City Council Direction Regarding Proposed Changes to the Master Fee and Service Charges Schedule for Fiscal Year 2023-2024

2. Updates for CalOpps Fees and Service Charges for Fiscal Year 2023-2024

3. Updates for Parks and Recreation Department Fees and Service Charges for Fiscal Year 2023-2024

4. Updates for Public Works Department Fees and Service Charges for Fiscal Year 2023-2024

5. Updates for Community Development Department Fees and Service Charges for Fiscal Year 2023-2024

6. Updates for Police Department Fees and Service Charges for Fiscal Year 2023- 2024
Motion by Councilmember/Director Hindi, seconded by Vice Mayor/Vice President Sullivan, and carried, 5-0-0, Minute Order No. 1911 was adopted as follows:

1. Proceed with current methodology of seeking reimbursement at the consultant’s rate/fees charged to the City plus 15% for administrative cost recovery;

2. Proceed with adjusting fees annually using the December San Francisco Area (San Francisco-Oakland-Hayward) Consumer Price Index for all Urban Consumers (CPI- U) cost inflator after fiscal year 2023-2024;

3. Proceed with 5% increase to the CalOpps annual membership fee and 5% increase in the per-posting fee for FY 2023-2024;

4. Proceed with Parks and Recreation Fee Schedule based on the recommendations and allocations contained in the staff report with guidance to hold off on finalizing sports fields user fees until Parks and Recreation Director Schweigart meets with youth sports groups;

5. Proceed with Public Works Fee Schedule based on the recommendations and allocations contained in the staff report except with direction to incorporate an administrative fee for sidewalk repair of $150 if property owner repairs sidewalk within the time frame allotted by City policy, and if property owner does not respond to City notifications regarding sidewalk repair and a lien is issued, proceed with administrative fee of $419;

6. Proceed with Community Development Fee Schedule with recommendations to a 45% increase for building fees over a three-year period based on Building Cost Index (BCI), and implement a new flat fee of $161 for Express Plan Checks. The increase in building fees will only apply to those fees that need to catch up to the full cost recovery For Planning fees, proceed with recommended increase in certain flat fees and deposits except for Sign Review. For Code Enforcement, proceed with recommended increase to the second letter/inspection fee, when staff is able to recover the associated costs; and

7. Proceed with Police Department Enforcement Vehicle Tow and Staff Billing Rate Fee Schedules based on the recommendations and allocations contained in the staff report with guidance to review Municipal Code enforcement fee and consider its deletion and revisit at the May 1, 2023 Regular Council Meeting. Keep no fee

6.1 Minutes

23 for 1st false alarm; incorporate the suggested fees for the 2nd through 4th false alarms, false alarms 5th through 7th will be full cost recovery, and for 8 or more false alarms the fee will be $324.71 each time.

Meeting recessed into study session at 6:35 p.m. and reconvened at 9:47 p.m.

CLOSED SESSION
Mayor/President Froomin 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: (One potential case); and

2. Report Out from Closed Session.

Meeting recessed into closed session at 9:47 p.m. and reconvened at 10:07 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 10:07 p.m.

6.1 Minutes

24 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF APRIL 17, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of April 17, 2023 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 Froomin.

This meeting was held as a hybrid meeting.

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

PRESENT: Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Derek Schweigart, Parks and Recreation Director; Julie Paping, Administrative Services Director; Ray Towne, Interim Public Works Director; Tracy Avelar, Police Chief; Edmund Suen, Finance Director; Sofia Mangalam, Community Development Director; Martin Ticas, Police Captain; Robert Marshall, Deputy Fire Chief; Rob Lasky, IT Manager; Frank Fanara, Parks Manager; Laura Galli, Engineering Manager; Vanessa Brannon, Senior Management Analyst; Yelena Cappello, Deputy City Clerk; Austin Walsh, Communications Manager; Daniella Flores, Social Media and Communications Assistant; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

The Pledge of Allegiance was led by Foster City’s first Mayor from April 1971 to June 1972, Wayne McFadden. The following former Foster City Mayors joined the meeting:

1. Robert Fitzgerald Mayor 1988 and 1991

2. Jim Lawrence Mayor 1996 (25th year Anniversary Year)

3. Deborah Wilder Mayor 1999 and 2000

4. Rick Wykoff Mayor 2004 and 2009

5. Linda Koelling Mayor 2006 and 2011

6.2 Minutes

25 6. Pam Frisella Mayor 2008 and 2013

7. Art Kiesel Mayor 2012 and 2015

8. Herb Perez Mayor 2016

9. Sam Hindi Mayor 2018 and 2019

10.Catherine Mahanpour Mayor 2020

11.Sanjay Gehani Mayor 2021 (50th Anniversary Year)

12.Richa Awasthi Mayor 2022
PUBLIC
A member of the public addressed the City Council via email regarding the Foster City Library.

The following people addressed the City Council in person:

1. Jade and Jayce Stucker thanked former Foster City Mayors.

2. Nilu Motiwala addressed the City Council regarding the San Mateo County Library.

3. Sue Spiekerman addressed the City Council regarding the San Mateo County Anonymous Gun Buy Back Program.

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

City/EMID Consent Calendar

1. Minutes of City/EMID Regular Meeting of April 3, 2023;

2. City Resolution No. 2023-33, “A Resolution of the City Council of the City of Foster City Authorizing the Purchase of a New Ford F-250 Pick-up Truck to Support the Irrigation Technician Position and Parks and Recreation Department and Authorize an Appropriation of a Total Not to Exceed Amount of $54,540.66 From General Fund 001 to Account No 001-0520-452-4284, and Authorizing an Appropriation of an Additional $5,000 From General Fund 001 for Contingency Amounts With Authorization Given to the City Manager to Approve the Purchase Order and Changes Up to the Contingency Amount;”

3. Approval of the Issuance of a Request for Proposals for Preparation of an IT Strategic Plan; and

4. Approval of the Issuance of a Request for Proposals for Consulting Services to Perform a Drupal Upgrade for CalOpps.org.

ITEM REMOVED FROM CONSENT CALENDAR
AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE 35 AUTOMATED

EXTERNAL DEFIBRILLATORS FROM VIA HEART PROJECT AND AUTHORIZING

6.2 Minutes

26 APPROPRIATION OF $85,333.99 FROM THE CITY’S GENERAL FUND FOR THE PURCHASE. CITY RESOLUTION NO. 2023-34.

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

Discussion ensued.

Motion by Councilmember Jimenez, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-34, “A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase 35 Automated External Defibrillators From via Heart Project and Authorizing Appropriation of $85,333.99 From the City’s General Fund for the Purchase.”

REPORTS
CITIZENS SUSTAINABILITY ADVISORY COMMITTEE 2022 YEAR END REPORT, REVIEW OF MISSION STATEMENT, 2022 ACCOMPLISHMENTS, AND GOALS FOR 2023. MINUTE ORDER NO. 1912.

Senior Management Analyst Brannon introduced Chair Nilofer Motiwala and Committee Member Stuti Goel, who presented the report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1912, to receive and accept the Citizens Sustainability Advisory Committee 2022 Year End Report, Mission Statement, 2022 Accomplishments, and Goals for 2023.

LEVEE IMPROVEMENTS PROJECT (CIP 327-657) – MONTHLY GENERAL UPDATE MINUTE ORDER NO. 1913.

Paul Nagengast, Project Advisor, Regional Government Services, presented the staff report.

Pablo addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor/Vice President Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 1913, to receive and accept the Levee Improvements Project (CIP 327-657) - Monthly General Update.

RESOLUTIONS FOR ADOPTION

6.2 Minutes

27 CONTRACT AMENDMENT IN THE AMOUNT OF $74,250 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR BOARDWALK MASTER PLANNING SERVICES IN THE RECREATION CENTER REBUILD PROJECT (CIP301- 678) AND AN APPROPRIATION IN THE AMOUNT OF $74,250.00 TO CIP301-678.

CITY RESOLUTION NO. 2023-35.

Parks and Recreation Director Schweigart presented the staff report.

Michael Terner addressed the City Council in person.

Discussion ensued.

Motion by Councilmember Jimenez, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-35, “A Resolution of the City Council of the City of Foster City Authorizing a Contract Amendment in the Amount of $74,250 With Group 4 Architecture, Research + Planning, Inc. For Boardwalk Master Planning Services in the Recreation Center Rebuild Project (CIP301-678) and an Appropriation in the Amount of $74,250.00 to CIP301-678.”

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

City/District Warrants of Demands were Processed and Issued on March 30, 2023, and ACH were processed on April 5, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Kiesel stated that he attended the Joint Special Meeting of the Planning Commission and Parks and Recreation Committee meeting on April 6.

Councilmember/Director Jimenez stated that she attended the C/CAG meeting on April 13 and they discussed the various programs offered by Commute.org. On April 15, she attended the 101 Managed Lanes ribbon cutting. She also invited the public to attend the annual Youth Advisory Committee Spaghetti Feed on April 27.

Councilmember/Director Hindi stated that he attended the Citizens Sustainability Advisory Committee meeting on April 12. He noted at Ramadan ends on April 21 with the celebration of Eid al-Fitr. He wished Eid Mubarak (blessed festivity) to those who celebrate.

Vice Mayor/Vice President Sullivan attended the Joint Special Meeting of the Planning Commission and Parks and Recreation Committee meeting on April 6. He also attended the library JPA Governing Board training on April 10. He noted that the Half Moon Bay

6.2 Minutes

28 City Council decided against e-bikes and other electrified vehicles on certain trails due to public safety and would like to discuss this for the levee.

Mayor/President Froomin stated that he received a request from a resident about a bike concession on the levee. He recognized the Communications staff for publishing another Mayoral Minute Episode. On April 12, he attended the San Mateo Consolidated Fire Board meeting where they discussed their strategic plan. On April 14, he participated in the Meet the Mayor visit with students from Beach Park Elementary and Kids Connection Schools. He also thanked staff for their efforts in honoring past Foster City Mayors for Incorporation Day on April 27.

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

1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group; and

2. Report Out from Closed Session.

Meeting recessed into closed session at 8:14 p.m. and reconvened at 9:09 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 9:09 p.m.

6.2 Minutes

29 2
6 9
DATE: May 1, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Assistant City Manager
Francine Magno, Senior Civil Engineer
SUBJECT: CONTRACT AMENDMENT NO. ONE (1) IN THE AMOUNT OF $38,100 TO THE AGREEMENT WITH WILSEY HAM FOR ON-

CALL SERVICES FOR THE LEVEE PROTECTION PLANNING
AND IMPROVEMENTS PROJECT (CIP 327-657)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Amendment No. One (CA #1) in the amount of $38,100 with Wilsey Ham for on-call services for the Levee Protection Planning and Improvements Project (Project) (CIP 327-657).

EXECUTIVE SUMMARY
In 2021, the City entered into a professional services agreement with Wilsey Ham, land surveyor professionals to provide a range of land survey services for construction of the Levee Project. CA #1 would increase the agreement amount to cover the additional scope performed by Wilsey Ham at the request of the City, which includes surveying to verify access point conform elevations and to verify project-related easement information and property line information. With CA #1, the revised total contract amount will be $83,046.

The current contingency amount of $4,000 is insufficient to execute CA #1, however there is adequate funding in the Project budget to cover the additional costs.

BACKGROUND/ANALYSIS

6.3 6.3 Staff Report

30 2
6 9
On March 31, 2021, the then City Manager executed an agreement with Wilsey Ham, in an amount not-to-exceed $44,946 for On-Call Land Survey Support Services for the Levee Project. Specifically, the agreement included the following scope of work:
•Verifying the Contractor’s survey control
•Performing property line staking
•Verifying top of wall elevations as the project progresses and towards the end of the project
•Supporting the Construct Management Team and Engineering Consultant on an as- needed basis.

In addition, a contingency was established in the amount of $4,000 with authorization given to the City Manager to execute contract amendments up to the contingency amount. At the time, it was anticipated that additional services could be required on an as-needed basis over the course of the project.

The original agreement with Wilsey Ham includes land survey support for the City, Construction Management Team and Engineering Consultant on an as-needed basis.

Since the execution of the agreement, Wilsey Ham has performed additional services requested by the City that fall under the approved general scope of services, but were not accounted for as part of the original agreement amount. These additional services that were critical to keep the project moving in a timely manner included:

• Property Line Staking at Alden Park Homeowners Association ($9,490) • Pacific Gas & Electric Gas Pipeline Easement Review ($3,950) • Existing Conform Verification at Various Access Points ($24,648) The additional services were approved as work orders under the original agreement as they fell under the allowable general scope of work. Given the agreement is an on-call contract, at the time each of the additional services were requested and approved, it was decided an amendment to the agreement was not necessary while there was adequate budget left in the agreement. While all items fall under the allowable scope, it was determined that the original contract amount would be insufficient to cover both the original scope and additional scope added. CA #1 in the amount of $38,100 to the agreement with Wilsey Ham will ensure there is sufficient funding to cover all the approved scope of work.

California Environmental Quality Act
An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012).

FISCAL IMPACT

6.3 6.3 Staff Report

31 2
6 9
With the execution of CA #1, the revised contract amount is $83,046:

On-Call Services Contract $ 44,946.00
Contract Amendment No. 1 $ 38,100.00 Revised Contract Amount $ 83,046.00 CA #1 in the amount of $38,100 to the agreement with Wilsey Ham will ensure there is sufficient funding to cover all the approved scope of work. With the execution of CA #1, the approved contingency of $4,000 will be expended. Funding is available in the approved project budget for CA #1.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Wilsey Ham Contract Amendment No. One (1)

6.3 6.3 Staff Report

32 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. ONE (1) IN THE AMOUNT OF $38,100 TO THE AGREEMENT WITH WILSEY HAM FOR ON -

CALL SERVICES FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657)

CITY OF FOSTER CITY

WHEREAS, on March 31, 2021, the City Man ager executed an agreement with Wilsey Ham, in an amount not -to-exceed $44,946 for On-Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327-657) (Project) and an established contract contingency of $4,000; and

WHEREAS, the current contract with Wilsey Ham includes verifying the Contractor’s survey control, performing property line staking, verifying top of wall elevations as the project progresses and at the end of the project, and supporting the City, Construct Management Team and Engineering Consultant on an as-needed basis; and

WHEREAS, City Staff requested Wilsey Ham to perform additional services outside of the original anticipated scope; and

WHEREAS, a contract amendment is necessary to for Wilsey Ham to continue providing necessary survey support through to the end of the project; 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 does hereby authorize:

The Mayor to execute Contract Amendment No. One (1) in the amount of $38,100 to the agreement with Wilsey Ham for O n-call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327-657); and

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

6.3 Attachment 1 - Resolution

33 ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR

ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

34 CITY OF FOSTER CITY

CONTRACT AMENDMENT NO. ONE (1)

DATE: May 1, 2023 Account No.: 327-0910-657-4251

PROJECT: LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657)

TO: Wilsey Ham

Based on mutual agreement, the following extra and extended work is hereby included in the Agreement dated March 31, 2021.

CHANGE REQUESTED BY: Wilsey Ham and City of Foster City

ORIGINAL CONTRACT AMOUNT $44,946

CONTRACT AMENDMENT NO. ONE (1) $38,100

Additional work included in Contract Amendment No. 1:

Property Line Staking adjacent to the Alden Park Homeowners Association

$9,490
Pacific Gas & Electric – Gas Pipeline Easement Review at the Baffin Street Bridge
$3,950
Existing Conform Verification at Various Levee Access Points $24,648 Subtotal $38,088
Recommended Amendment No. 1 Amount $38,100

REVISED CONTRACT AMOUNT

$83,046

We, the undersigned consultant, have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept and work within and not exceed the Not to Exceed amount herein. All other terms and conditions of the March 18, 2021, Wilsey Ham On-Call Services Agreement, and amendments thereto, remain in full force and effect.

CITY OF FOSTER CITY

6.3 Attachment 2 - Wilsey Ham Contract Amendment No. One (1)

35 CONSULTANT: WILSEY HAM

JEFF PETERSON DATE

PRESIDENT

APPROVAL RECOMMENDED:

STEFAN CHATWIN DATE

CITY MANAGER

APPROVAL FOR CITY:

JON FROOMIN DATE
MAYOR

ATTEST:

BY:

PRISCILLA SCHAUS

CITY CLERK

APPROVED AS TO FORM

BY:

BENJAMIN L. STOCK

CITY ATTORNEY

6.3 Attachment 2 - Wilsey Ham Contract Amendment No. One (1)

36 3
0 7
DATE: May 1, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Ramon Towne, Interim Public Works Director
Zaheed Danish, Acting Public Works Maintenance Manager
Greg Baeza, Public Works Maintenance Superintendent
DEPARTMENT: Public Works
SUBJECT: APPROPRIATION OF $250,893 FROM FUND 501 TO ACCOUNT NO. 501-0560-431-4384 AND APPROVING THE SOLE SOURCE
PURCHASE OF A 2024 FORD F-750 DIESEL REGULAR CAB
BASE (F7D) TRUCK AND STETCO 950 UNIT CATCH BASIN
CLEANER EQUIPMENT FOR A TOTAL COST OF $250,892.82

FROM STETCO GROUP, LLC AND AUTHORIZE THE CITY

MANAGER TO APPROVE THE PURCHASE ORDER

RECOMMENDATION
It is recommended that City Council adopt a resolution taking the following actions: 1.

Approve an appropriation of $250,893 from Vehicle Replacement Fund 501 to Account No. 501-0560-431-4384; and 2. Approve the sole source purchase of a 2024 Ford F- 750 Diesel Regular Cab Base (F7D) Truck and Stetco 950 Unit Catch Basin Cleaner equipment (Catch Basin Cleaner) for a total cost of $250,892.82 from Stetco Group, LLC. and authorize City Manager to approve the Purchase Order.

EXECUTIVE SUMMARY

6.4 6.4 Staff Report

37 3
0 7
Based on an evaluation of the City’s vehicle fleet during preparation of the FY 2021-2022 budget, the Catch Basin Cleaner Truck (Truck) was evaluated and determined to be in need of replacement. The Truck consists of a Ford F-750 truck chassis and a mounted Stetco Catch Basin Cleaner. The City Council authorized the purchase, and a purchase order was issued to National Fleet Group in the amount of $248,771.01.

The National Fleet Group has determined that neither it nor its partner American Truck and Trailer Body is able to obtain the required chassis from Ford Motor Corporation and that it is therefore unable to fulfill, and has cancelled the order (Attachments 2 and 3).

Stetco Group, LLC (Stetco), which was originally subcontracted to provide only the truck- mounted equipment, has been able to secure the necessary chassis and has provided a Sole Source letter (Attachment 4) for the equipment.

The total cost to purchase the Truck and equipment from Stetco is $2,121.81 more than the previously appropriated amount of $248,771.01. Further, the funding that had been appropriated for the purchase was not expended during the FY 2021-2022 budget year and is no longer appropriated. Staff recommends that the City Council reappropriate the $248,771 that was previously approved in FY 2021-2022 as well as additional funding in the amount of $2,122 for a total appropriation of $250,893 from the Vehicle Replacement Fund (501) to Account No. 501-0560-431-4384. Staff further recommends that the City Council authorize the Sole Source purchase of a replacement Catch Basin Cleaner Truck from Stetco.

BACKGROUND
The current Truck is 20 years old, has served the City well, and has come to the end of its useful life. The Truck is a specialized vehicle that is vital to the street maintenance division for routine removal of debris from the catch basins throughout Foster City. The Truck is also used for emergency storm drain backups during winter storm events.

Utilizing a compliant bid process from another public agency, the City received competitive pricing and on October 18, 2021, the City Council approved the purchase of the Truck from Ford Motor Company and National Auto Fleet Group in the amount of $248,771.01. However, over the past 17 months, neither National Auto Fleet Group nor its partner, American Truck and Trailer Body has been able to obtain the required chassis from Ford and therefore the order has been cancelled by National Auto Fleet Group.

ANALYSIS
Foster City Municipal Code section 3.04.110 provides that the bidding requirements in the City’s Purchasing Policy may be dispensed with for commodities that can be obtained from only one vendor (i.e., a sole source purchase). In this case, Stetco is the sole manufacturer of the Catch Basin Cleaning equipment as documented in the Sole

6.4 6.4 Staff Report

38 3
0 7
Source letter (Attachment 4). Stetco also has possession of the Ford F-750 chassis needed to complete the vehicle. Therefore, staff is requesting authorization from the City Council to make a Sole Source purchase of the Catch Basin Cleaning Truck from Stetco.

Funding was appropriated in FY 2021-2022 for this purchase in the amount of $248,771.01. However, because the purchase was unable to be completed in FY 2021- 2022, the funding is no longer appropriated. It is recommended that the City Council reappropriate $248,771 plus the additional $2,122 that is needed due to cost escalation for a total appropriation of $250,893 from the Vehicle Replacement Fund 501 to Account No. 501-0560-431-4384 and approve the purchase of the vehicle. There is sufficient funding in the Vehicle Replacement Fund for this appropriation.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The approval of the Truck is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
Funding in the amount of $248,771 plus the additional $2,122 for a total of $250,893 will need to be appropriated from the Vehicle Replacement Fund 501 to Account No. 501-0560-431-4384. There is sufficient funding in Fund 501 for this appropriation.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 – National Auto Fleet Group Order Cancellation Attachment 3 – American Truck and Trailer Cancellation
Attachment 4 – Stetco Sole Source Letter
Attachment 5 – Quote from Stetco Group, LLC

6.4 6.4 Staff Report

39 6
1 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROPRIATING $250,893 FROM THE VEHICLE REPLACEMENT FUND TO ACCOUNT NO. 501-0560-431-4384 AND AUTHORIZING THE SOLE SOURCE

PURCHASE OF A NEW CATCH BASIN CLEANER TRUCK FROM STETCO GROUP, LLC IN THE AMOUNT OF $250,892.82 AND AUTHORIZE THE CITY MANAGER TO

APPROVE THE PURCHASE ORDER

CITY OF FOSTER CITY
WHEREAS, the existing Catch Basin Cleaner Truck is twenty (20) years old and in need of replacement; and
WHEREAS, this Truck fitted with the specialized piece of equipment is important for cleaning out catch basins throughout Foster City and is a vital part of the emergency equipment during storm events; and
WHEREAS, on October 18, 2021, the City Council adopted Resolution No. 2021- 153 authorizing the purchase of the Catch Basin Cleaner Truck for a total amount of $248,771.01 in FY 2021-2022 from Ford and National Auto Fleet Group to replace the existing Truck; and
WHEREAS, National Auto Fleet Group has been unable to fulfill and has therefore cancelled the order; and
WHEREAS, Foster City Municipal Code section 3.04.110 provides that the bidding requirements in the City’s Purchasing Policy may be dispensed with for commodities that can be obtained from only one vendor (i.e., a sole source purchase); and WHEREAS, Stetco Group is the sole provider of the Catch Basin Cleaner and also has the ability to obtain the Ford F-750 chassis to build the vehicle; and WHEREAS, funding is available in the Vehicle Replacement Fund 501 for this purchase.

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

1. Approve the appropriation of $250,893 from Vehicle Replacement Fund 501 to Account No. 501-0560-431-4384; and

2. Approve the sole source purchase of a 2024 Ford F-750 Diesel Regular Cab Base (F7D) Truck and Stetco 950 Unit Catch Basin Cleaner equipment (Catch Basin Cleaner) for a total cost of $250,892.82 from Stetco Group, LLC. and authorize City Manager to approve the Purchase Order.

6.4 Attachment 1 - Resolution

40 6
1 3
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

JON FROOMIN, MAYOR
ATTEST:
_____________________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

41 6.4
Attachment 2 - National Auto Fleet Group Order Cancellation

42 6.4
Attachment 2 - National Auto Fleet Group Order Cancellation

43 6.4
Attachment 3 - American Truck & Trailer Cancellation

44 Stetco Group, LLC
27 Washington St.

Westborough, MA 01581
Main: +1 (800) 338-7838
www.stetco.com

February 2nd, 2023
City of Foster City
100 Lincoln Center Dr
Foster City, CA 94404
Attn: Greg Baeza

RE: Stetco – Sole Source
Dear Foster City,
Stetco is the manufacture and retains the exclusive distributor rights of Stetco products.

This exclusivity covers all models of the Stetco brand of 920’s, 950’s and models to be announced.

Stetco is the only known source for a Mechanical Catch Basin Cleaner, that uses a hydraulic excavator bucket system. We are a purpose-built Stormwater Utility Machine that does not use vacuum, most agencies will accept this as a soul source as there are no known competitors in production.

We look forward to this partnership.

Respectfully,

Jason Hendrickson
President
Stetco Group, LLC.

6.4 Attachment 4 - Stetco Sole Source Letter

45 Stetco Group, LLC
27 Washington St.

Westborough, MA 01581
Main: +1 (800) 338-7838
www.stetco.com
Date 4/17/2023
Expiration Date 8/15/2023
Sales Proposals are valid for 120 days only.

Contact Name Greg Baeza Proposal Number WT21049-B
Phone 650-286-3551
Email [email protected]
Bill To Name City of Foster City Ship To Name Same as Bill To Bill To 100 Lincoln Center Drive Ship To
Foster City, CA 94404
Quanity
1 1
1 Total:

Prepay 50/50 Net 30
NOTE: 2.5% per month charge on unpaid balances will be added to past due accounts.

FOB: Westbourgh, MA
Name:

Title:

Signature:

Date:

Lead time is based off quote date and is subject to change from acceptance date.

Note: If chassis is being supplied by customer and is delayed it could result in the loss of the assigned production spot 12/13/2023
Thank you for your Business and if you have any questions or concerns please reach out to me.

Jason Hendrickson
Production lead time

ESTIMATED LEAD TIME
NOTE: We will at our discretion and in compliance with applicable law, decide and inform you of the credit limit applicable to your account which is the maximum amount which can be outstanding at any time on your account. We may approve charges that result in your balance exceeding your credit limit. This does not constitute an increase in your credit limit. If your balance exceeds your credit limit, the balance will have to be paid in full prior to your order being approved.

Order and Acceptance
By signing this quote, I am accepting the prices herein. I understand and agree to all terms contained herein. I am authorized to submit this order and hereby authorize the production of the above.

Terms
Requires payment before unit
can be released into
production
Requires 50% down, 50% before
shipping
Requires payment 30 days after
invoice is created
250,892.82$
Stetco 950 Unit ***Worksheet Attached*** 162,375.82$
2024 Ford F750 - See attached Specs Estimated ETA is August / September 2023 84,017.00$
Shipping 4,500.00$
Sales Proposal
Contact Information
Shipping and Billing Information
Description Price

6.4 Attachment 5 - Quote from Stetco Group, LLC

46 DATE: May 1, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Tracy Avelar, Police Chief
DEPARTMENT: Police
SUBJECT: AUTHORIZING THE APPROPRIATION OF $15,548 FROM THE GENERAL FUND BALANCE TO ACCOUNT NO. 001-0670-421-
4255 FOR FY 2022-2023 TO PAY POLICE ACADEMY TUITION

FOR FOUR CURRENT POLICE OFFICER RECRUITS

RECOMMENDATION
It is recommended that City Council approve the attached resolution authorizing the Foster City Police Department (FCPD) to appropriate $15,548 from the City’s General Fund to Account No. 001-0670-421-4255 for FY 2022-2023 to pay for four police officer recruits’ tuition at the South Bay Regional Public Safety Training Consortium (SBRPSTC) police academy at the College of San Mateo (CSM).

EXECUTIVE SUMMARY
The FCPD hired four entry level police recruits, who all began the SBRPSTC police academy at CSM on January 9, 2023, and are scheduled to graduate on June 29, 2023. The number of entry level recruits hired during FY 2022-2023 was unexpected.

The cost for tuition is $3,887 per recruit, totaling $15,548 for the four recruits. Current training budget allocations have also been depleted much faster than anticipated due to increased expenses caused by inflation, training backlog and constant hiring.

BACKGROUND/ANALYSIS
Coming out of the COVID pandemic, many agencies are facing training backlog to fulfill mandated training requirements. There are limited options to meet training

6.5 6.5 Staff Report

47 requirements, which creates the need to travel farther to attend and inflation has added to the overall costs including travel.

Every lateral and entry level police officer that comes to the FCPD is required to complete specific training to be certified to work as a police officer. Both new and existing police officers, and professional staff, must also complete ongoing annual training to remain in compliance with legal requirements and to retain certification through Peace Officer Standards and Training (POST). These challenges combined with the need to hire entry level recruits have created the need for additional training funds.

An analysis of the FCPD training budget was conducted. Taking all planned training and associated costs through the end of FY 2022-2023 into consideration, it has been determined that no additional funds beyond the requested $15,548 need to be requested from the City’s General Fund.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
If approved, $15,548 will be appropriated to Account No. 001-0670-421-4255 in the FCPD budget from the City’s General Fund. The SBRPSTC police academy at CSM is certified through the Peace Officer Standards and Training (POST) and qualifies for POST reimbursement of the full tuition cost. All received reimbursement will be deposited back into the City’s General Fund.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 - Resolution

6.5 6.5 Staff Report

48 6
2 2
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE APPROPRIATION OF $15,548 FROM THE GENERAL FUND BALANCE TO ACCOUNT NO. 001-0670-421-4255 FOR FY 2022-2023 TO PAY POLICE

ACADEMY TUITION FOR FOUR CURRENT POLICE OFFICER RECRUITS

CITY OF FOSTER CITY
WHEREAS, the Foster City Police Department does not possess needed funds in the Police Department training budget to make payment for police academy tuition; and WHEREAS, the Foster City Police Department requests appropriation of $15,548.00 from the City’s General Fund to make tuition payment for an in-progress police academy.

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the appropriation of $15,548 to the Police Department budget from the City’s General Fund to make payment of tuition for four entry level police officer recruits’ police academy training.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

49 DATE: May 1, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Ramon Towne, Interim Public Works Director/City Engineer Zaheed Danish, Acting Public Works Maintenance Manager
Greg Baeza, Public Works Maintenance Superintendent
DEPARTMENT: Public Works
SUBJECT: AGREEMENT WITH SCA (SWEEPING CORP OF AMERICA) OF

CA, LLC FOR AN ANNUAL NOT TO EXCEED AMOUNT OF
$131,000 FOR STREET SWEEPING SERVICES FROM JUNE 1,
2023 TO DECEMBER 31, 2025 WITH OPTIONAL EXTENSIONS
THROUGH DECEMBER 31, 2028

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the following:

1. Award of Vendor Agreement to SCA (Sweeping Corp of America) of CA, LLC in an annual not-to-exceed amount of $126,000 for routine street sweeping services and $5,000 for additional street sweeping services from June 1, 2023 through December 31, 2025, with optional one-year extensions through December 31, 2028 and finding approval of the agreement categorically exempt under CEQA; and

2. The City Manager to extend the Agreement with SCA (Sweeping Corp of America) of CA, LLC and authorize associated contractually defined increases based on the Consumer Price Index identified in the agreement on a calendar year to calendar year basis, from January 1, 2026, through December 31, 2028, upon demonstration of satisfactory performance.

EXECUTIVE SUMMARY

6.6 6.6 Staff Report

50 A Request for Proposal (RFP) for Street Sweeping Maintenance, to provide street sweeping services for the City from June 1, 2023, through December 31, 2025, was sent to six (6) street sweeping providers and posted on the City’s website. Proposals from two (2) companies were received and opened on March 16, 2023. The proposals were evaluated based on the annual proposal amount for routine street sweeping maintenance costs and additional estimated maintenance items. SCA (Sweeping Corp of America) of CA, LLC’s proposal, in the amount of $126,000 per year for routine street sweeping services, was the lower of the two (2) proposals received (See Table 1 in the Analysis section). Additional services up to $5,000 are also included in the agreement.

Staff is proposing an agreement for Street Sweeping Maintenance with an initial contract period of thirty-one (31) months from June 1, 2023 through December 31, 2025, with the option to extend the contract for three subsequent twelve (12) month contract periods.

Within the contract, the City reserves the right to terminate the agreement without cause at the end of each contract period or when it is determined that the contractor is in non- conformance.

BACKGROUND
The City has contracted for street sweeping services for over 20 years. Most recently, services were provided by Contract Sweeping Services, Inc. (reassigned to Sweeping Corp of America in 2022). The initial agreement term was January 2019 through December 2020 with extensions for calendar years 2021 and 2022. In Calendar Year 2022, the annual cost for the service was $107,079. Although staff was satisfied with the quality of service, Sweeping Corp of America chose not to extend the contract for the final contract extension year due to a steep increase in the cost to provide services that outpaced the Consumer Price Index (CPI) increases that were defined in the contract terms. However, they continued to provide the service on a month-to-month basis while the City’s contracting process was underway.

On February 21, 2023, the City Council authorized the issuance of a RFP for street sweeping maintenance. Staff directly contacted six (6) street sweeping vendors and also posted the RFP on the City’s public web page. Two (2) vendors responded by the March 16, 2023, deadline.

ANALYSIS
Staff has previously performed an evaluation comparing continued contracting for street sweeping versus performing the service in-house. Due to the costs for purchasing and maintaining the equipment, the need to hire an additional employee to perform the sweeping, and the additional insurance risk, staff has determined that operating a City- owned sweeper could cost significantly more than the amount of contracted services.

6.6 6.6 Staff Report

51 The attached Agreement will continue with the practice of contracting for street sweeping services and will maintain the current sweeping schedule and level of service. The Agreement includes routine sweeping services that will be published on the City’s website to notify residents of the exact days when sweeping will occur on their street as well as up to $5,000 in additional services as identified by the City.

The attached Street Sweeping Maintenance Agreement with SCA (Sweeping Corp of America) of CA, LLC, is for an initial agreement period of 31 months (June 1, 2023 to December 31, 2025) at an annual rate of $126,000 for routine services and up to $5,000 annually for additional services, with the option to extend the agreement for three subsequent 12-month agreement periods with increases indexed to the CPI identified in the agreement. The agreement will continue to reserve the City’s right to terminate the agreement without cause.

Table 1 (below) summarizes the two (2) proposals received and lists the companies who directly received notice of the RFP.

TABLE 1 - SUMMARY OF PROPOSALS
Name of Company Cost Proposal
SCA (Sweeping Corp of America) of CA, LLC $126,000
CleanSweep Services, Inc. $296,748
Affordable Sweeping, Inc. No response
All Street Sweeping No response
Bay Area Commercial Sweeping, Inc. No response
Commercial Power Sweep, Inc. No response
The proposal by SCA (Sweeping Corp of America) of CA, LLC, in the amount of $126,000 for routine services is $170,748 lower than the proposal of CleanSweep Services, Inc. and represents a reasonable escalation of 14.77% over the current contract amount of $109,783.38 per year. SCA (Sweeping Corp of America) of CA, LLC has been performing street sweeping services in Foster City since 2009 and staff has found the services provided by the company to be acceptable and the company responsive.

The Street Sweeping Maintenance Agreement (June 1, 2023-December 31, 2025) provides for services of:
•Monthly Street Sweeping
These services include routine scheduled sweeping tasks such as bi-weekly neighborhood sweeping and weekly parking lot and boulevard sweeping. This item is a fixed cost paid on a monthly basis.
•Extra Routine Work

6.6 6.6 Staff Report

52 These services include items that are added to or deleted from the agreement, such as the addition of new street or parking facilities to the City’s infrastructure.

Compensation for this work is paid on a rate ($) per/curb mile or rate ($) per/square yard basis.
•Non-Routine Work
This work includes services not included in either standard maintenance or additional routine work, such as street sweeping services after City sponsored events. Compensation for this work is paid on an hourly rate.

CEQA
This action is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA") pursuant to Title 14 California Code of Regulations § 15301 (c) as a Class 1 categorical exemption (Existing Facilities) as it involves the maintenance of existing streets.

FISCAL IMPACT
The Street Sweeping Maintenance Agreement with SCA (Sweeping Corp of America) of CA, LLC, is for an initial agreement period of 31 months (June 1, 2023 to December 31, 2025) at an annual rate of $126,000 for routine services and up to $5,000 annually for additional services, with the option to extend the agreement for three subsequent 12- month agreement periods with allowance for CPI adjustments for years in which the contract is extended. The cost of routine street sweeping services is reimbursed through the City’s franchise agreement with Recology San Mateo County, the City’s franchised solid waste and recycling collection contractor. An additional $5,000 has been included for additional work that may be needed on an “as needed” basis through the contract term.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Agreement

6.6 6.6 Staff Report

53 6
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RESOLUTION NO.

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

AUTHORIZING AWARD OF VENDOR AGREEMENT TO SCA (SWEEPING CORP OF AMERICA) OF CA, LLC, IN AN ANNUAL AMOUNT NOT TO EXCEED $131,000 FOR STREET SWEEPING SERVICES FROM JUNE 1, 2023 THROUGH DECEMBER 31, 2025, WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2028; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING THE

CITY MANAGER TO EXTEND THE AGREEMENT WITH ASSOCIATED
CONTRACTUALLY-DEFINED INCREASES; AND FINDING APPROVAL OF

AGREEMENT CATEGORICALLY EXEMPT FROM REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, A Request for Proposal (RFP) for Street Sweeping Maintenance was authorized by the Council on February 21, 2023 and distributed and proposals were received from two (2) companies; and
WHEREAS, the proposals were evaluated on the basis of the annual proposal amount for routine street sweeping maintenance costs and other estimated maintenance items; and
WHEREAS, SCA (Sweeping Corp of America) of CA, LLC’s proposal was the lower of the two (2) proposals received; and
WHEREAS, the agreement will be for an initial contract period of thirty-one (31) months from June 1, 2023 through December 31, 2025, with the option to extend the contract for three subsequent twelve (12) month contract periods; and WHEREAS, City has previous satisfactory experience with the services of SCA (Sweeping Corp of America) of CA, LLC.

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

1. Find that this action is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA") pursuant to Title 14 California Code of Regulations § 15301 (c) as a Class 1 categorical exemption (Existing Facilities) as it involves the maintenance of existing streets.

2. Award a Vendor Agreement to SCA (Sweeping Corp of America) of CA, LLC, in an annual not to exceed amount of $126,000 for routine street sweeping services and up to $5,000 for additional street sweeping services

6.6 Attachment 1 - Resolution

54 6
2 9
from June 1, 2023 through December 31, 2025 and authorizes the Mayor to execute the Agreement.

3. Authorizes the City Manager to extend the Agreement with SCA (Sweeping Corp of America) of CA, LLC, and authorize associated contractually- defined increases based on the Consumer Price Index on a calendar year to calendar year basis, from January 1, 2026, through December 31, 2028, upon demonstration of satisfactory performance, as may be determined by the City Manager.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

JON FROOMIN, MAYOR
ATTEST:
_____________________________________

PRISCILLA SCHAUS, CITY CLERK

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55 1

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

STREET SWEEPING SERVICES
This Agreement is made and entered into as of the 1st day of May, 2023, by and between the City of Foster City hereinafter called "CITY" and SCA (Sweeping Corp of America) of CA, LLC, hereinafter called "VENDOR".

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;
B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the CITY and; C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

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

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

VENDOR’s obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other

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required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A.
(b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for default, should VENDOR 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’s written notice to VENDOR demanding such cure, in which case VENDOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case VENDOR 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. VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum $131,000.00 annually. Invoices for amounts in excess of $10,500.00 per month for routine services or $5,000 annually for additional services shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

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

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

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

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

8. Relationship of Parties. VENDOR is an independent Contractor and does not act as CITY’s agent in any capacity, whatsoever. VENDOR is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the VENDOR’s provision of Services, not the means, methods, or scheduling of the VENDOR’s work. VENDOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. VENDOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

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

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strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

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

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

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

11. VENDOR’s Liability for Injury to Persons or Damage to Property. a. VENDOR shall be liable for damages arising out of injury to the person and/or damage to City property, City employees, persons designated by City for training, or any other person(s) other than VENDOR’s agents or employees, designated by City for any purpose prior to, during, or subsequent to delivery, installation, acceptance, and use of the Products either at VENDOR’s site or at City’s place of business, provided that the injury or damage was caused by VENDOR’s fault or negligence.
b. VENDOR shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by VENDOR, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Products in accordance with the Agreement.

12. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of VENDOR or its Subcontractors), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards,

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commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of VENDOR, any Subcontractor, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the VENDOR shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

13. Patent, Copyright and Trade Secret Indemnity.
a. VENDOR shall hold City, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Agreement.
b. VENDOR may be required to furnish a bond to City against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.
c. VENDOR, at its own expense, shall defend any action brought against City to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret.

VENDOR shall pay those costs and damages finally awarded against City in any such action. Such defense and payment shall be conditioned on the following:
i. That VENDOR shall be notified within a reasonable time in writing by City of any notice of such claim; and

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60 6
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, City shall have the option to participate in such action at its own expense. d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products. If, in the sole opinion of City, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement impractical, City shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge.

VENDOR agrees to take back such Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied operating software; or
iii. The modification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

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

VENDOR shall maintain all required insurance throughout the term of this

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61 7
Agreement and as otherwise provided in EXHIBIT D. In the event VENDOR fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due VENDOR under this Agreement (or VENDOR shall promptly reimburse CITY for such expense).

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

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

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention Greg Baeza, Public Works Superintendent

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62 8
VENDOR: SCA (Sweeping Corp of America) of CA, LLC
390 E. Gish Rd
San Jose, CA 95112
Attention: Manvendra Saxena

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

19. Substitutions. VENDOR may not substitute any Products or Services without City’s advance written consent. VENDOR shall not use any specification in lieu of those contained in the Agreement without City’s advance written consent.

20. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.
a. VENDOR warrants that all Products and Services furnished hereunder will conform to the requirements of the Agreement (including all descriptions, specifications and drawings made a part hereof). All Products will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by City, free from defects in design. No approval of designs, specifications or other Services furnished by VENDOR shall relieve VENDOR of its obligations under this warranty.
b. All warranties, including special warranties specified elsewhere herein, shall inure to City, its successors and assigns, and any users of the Products or Services.

21. Samples.
a. City may require samples of items inspection and specification testing and must be furnished free of expense to City. The samples furnished must be identical in all respects to the products bid and/or specified in the Agreement.
b. Samples, if not destroyed by tests, may, upon VENDOR’s request made at the time the sample is furnished, be returned at VENDOR’s expense.

22. Newly Manufactured Products. All Products shall be newly manufactured products; used or reconditioned products are prohibited, unless otherwise specified.

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63 9

23. Packing and Shipment.
a. All Products shall be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple container shipment shall be identified to:
i. show the number of the container and the total number of containers in the shipment; and
ii. the number of the container in which the packing sheet has been enclosed.
b. All shipments by VENDOR or its subcontractors must include packing sheets identifying City’s Contract number; item number; quantity and unit of measure; description of the Products shipped; and appropriate evidence of inspection, if required.
c. Shipments must be made as specified in the Agreement, as it may be amended, or otherwise directed in writing by City.

24. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by City unless expressly authorized by and itemized in the Agreement. Unless otherwise directed by City in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

25. Inspection, Acceptance and Rejection.
a. VENDOR and its subcontractors shall provide and maintain a quality assurance system acceptable to City covering Products and Services under the Agreement and will tender to City only Products that have been inspected and found to conform to all requirements.

VENDOR will keep records evidencing inspections and their result, and will make these records available to City during the Agreement performance and for three years after final payment. VENDOR shall permit City to review procedures, practices, processes and related documents to determine the acceptability of VENDOR’s quality assurance system or other business practices related to performance of the Agreement.
b. All Products may be subject to inspection and test by City or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection. d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection.

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e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

26. Compliance With Statutes and Regulations. VENDOR covenants that in the performance of the Agreement it will comply with all applicable statutes, rules, regulations and orders of the United States, the State and City, and shall defend, indemnify and hold the City harmless against any loss, cost, damage or liability by reason of VENDOR’s violation of this provision.

27. National Labor Relations Board Certification. VENDOR swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against VENDOR within the immediately preceding two-year period because of VENDOR’s failure to comply with an order of the National Labor Relations Board.

28. Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or representative of VENDOR, to any officer or employee of City with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, City shall have the right to terminate the Agreement, either in whole or in part, and any loss or damage sustained by City in procuring on the open market any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

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

30. 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.

31. 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

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65 11
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.

32. 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.

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

34. Submission of Bid. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein. a. In submitting a bid to City, VENDOR offers and agrees that if the bid is accepted, it will assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of products, material, or services by the VENDOR for sale to City pursuant to the solicitation.

Such assignment shall be made and become effective at the time City tenders final payment to the VENDOR.
b. If City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from City any portion

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of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by City as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
c. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and i. The assignee has not been injured thereby, or
ii. The assignee declines to file a court action for the cause of action.

35. Confidentiality. Any information, whether proprietary or not, made known to or discovered by VENDOR during the performance of or in connection with the Agreement for City, will be kept confidential and not be disclosed to any other person. VENDOR will immediately notify City in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with the Agreement. These confidentiality provisions and limitations shall remain fully effective indefinitely after VENDOR’s completion of the Agreement.

36. 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.

37. Entire Agreement. This Agreement, including Exhibits A, B C, D, E and F, comprises the entire Agreement.
[Signature on Next Page]

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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
Dated: _________________________________ Jon Froomin, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin L. Stock, City Attorney
VENDOR
Dated:

Manvendra Saxena, Sr. General Manager

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EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

STREET SWEEPING SERVICES

1.01 SCOPE OF WORK
Vendor shall provide regularly scheduled and additional/emergency street sweeping services in Foster City. The VENDOR shall furnish all labor, tools, shop facilities, equipment, and materials and perform all work necessary to provide for street sweeping services in accordance with this Scope of Work and Schedule.

1.02 DURATION OF CONTRACT
Initial contract period for the street sweeping services shall be for a thirty-one (31) month period from June 1, 2023 to December 31, 2025.

The contract may be renewed subsequently in one-year (12 month) increments as follows:
•The second contract period will be from January 1, 2026 to December 31, 2026. •The third contract period will be from January 1, 2027 to December 31, 2027. •The fourth contract period will be from January 1, 2028 to December 31, 2028.

Renewal shall be by mutual consent subject to provisions of Exhibit B, PARAGRAPH 2.03, ESCALATION FACTOR. Either the VENDOR or the CITY may notify in writing of their desire to extend the contract at least 60 calendar days prior to the expiration date of the contract and the non-notifying party may either accept or reject the request for renewal in writing.

1.03 DESCRIPTION OF WORK
The work to be performed consists of sweeping, either by machine sweeping or hand sweeping, all designated improved public streets including curb returns and median islands within Foster City on a uniform schedule as outlined in PARAGRAPH 1.05, SCHEDULE FOR WORK. No machine street sweeping shall be performed during rainstorms, when there is running water in the gutter or street, or for any other reason sweeping is impractical as determined by the CITY.

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1.04 DEFINITIONS
a. City Parking Lots – Sweeping of all City parking lots shall be performed during night time on a weekly basis, except No. 5. East side of the Corporation Yard shall be swept during the day.

No. Description Address/Location Sq. Yds.
(Approx.)

1. City Hall Parking Lot Front
and Rear
610 Foster City Blvd. 10,000

2. City Park Parking Lots
a. Boat Park
b. Boothbay Park
c. Port Royal Park
d. Sea Cloud Park (2 Lots)
Foster City Blvd. /Bounty Dr.

Galveston St. /Hudson Bay St.

Port Royal Ave./Billingsgate

1. Pitcairn Dr./San Miguel

2. End of Sea Cloud Ct.
6,000
900
600
1,000
8,000

3. Recreation Center Parking
Lot
a. Boat Ramp (by tennis
courts)
b. Small Parking Lot (senior
Center)
c. Large Parking Lot (main)
650 Shell Blvd.
1,600
1,000
6,200

4. Library/Community Center
Parking Lot
1000 E. Hillsdale Blvd. including
the Civic Center Dr.
8,000

5. Corporation Yard Parking
Lot
a. East Side (Day)
b. West Side
100 Lincoln Center Dr.
5,000
10,000

6. Windsurf Access Road and
Parking Lot
End of Lakeside Drive from E.
3rd Ave. to the dead end parking
lot
6,500
GRAND TOTAL 64,800
b. Curb Mile
Curb Mile shall be defined as the distance the machine sweeper travels with an effective sweeping width of eight (8) feet from the curb face along an improved street. In all cases, any reduction in sweeping width from the defined eight (8) feet will result in a corresponding percentage deduction in the price paid per curb mile; i.e., if the effective sweeping width is four (4) feet, payment will be 50 percent (50%) of cost per curb mile.

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c. Refuse
All deposits of dirt, rock, glass, cans, leaves, sticks, papers, or any like materials so designated by the CITY within the areas to be swept within the terms of this contract and of a size which can be practically removed by mechanical sweeping or hand-sweeping operations shall be removed. d. Hand-Sweeping/Vacuuming
VENDOR shall remove all visible debris along curbs and medians.

Approximately 20 streets have square cul-de-sacs, which require hand sweeping or vacuuming of the corners. Compensation for hand- sweeping/vacuuming shall be considered as included in the scope of work for basic sweeping service, and no separate payment will be made therefore.

If callback is required, the CITY shall deduct as per callback rate in EXHIBIT B, PARAGRAPH 2.07, CALLBACKS.
e. Scheduled Machine Street Sweeping
Regular machine sweeping of streets listed in Exhibit C, Street Name List and Schedule, and shown in Exhibit D, Street Sweeping Map, shall be accomplished in accordance with these specifications, including additions or deletions as allowed in EXHIBIT B PARAGRAPH 2.05,
ADDITION/DELETIONS. Sweeper shall not limit the number of times that the sweeper debris hopper is emptied for any given route in order to meet quality standards identified in PARAGRAPH 1.07 of Exhibit A.

Included in the standard sweeping is Shell Boulevard between Bounty and East Hillsdale Boulevard and East Hillsdale Boulevard between Edgewater and Foster City Boulevard at the conclusion of two (2) City celebrations:

1. City Fest Festival on the first weekend in June; and

2. Independence Day activities on or about July 4.
f. Area between Travel Lanes
The VENDOR will sweep areas between turn lanes and through lanes, and between median islands monthly (Item I in EXHIBIT B, VENDOR’S FEE SCHEDULE), and on an as needed basis determined by the CITY.

Compensation for additional sweeping will be considered as hourly work and separate payment will be made per hourly rate in the cost schedule (Item IV in VENDOR’S FEE SCHEDULE). The additional time shall be documented in the weekly statement and the weekly sweeping log.

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g. Bridges/Overpasses
VENDOR shall sweep on a weekly basis all travel lanes, shoulders, medians, and curb returns located on the following bridges:

1. Rainbow Bridge (On E. Hillsdale Blvd. over the Foster City Lagoon)

2. Foster City Boulevard Bridge (Over the Foster City Lagoon)

3. Foster City Boulevard Bridge (Over Interstate 92)

4. Vintage Park Bridge (Over Interstate 92)

5. Bicentennial Bridge (On Beach Park Blvd over the Foster City Lagoon)

6. Shell Blvd. Bridge (Over the Foster City Lagoon)

7. Twin Bridge (On E. Hillsdale Blvd. over the San Mateo Lagoon)

8. Mariner’s Island Blvd. Bridge (Over Interstate 92)

1.05 SCHEDULE FOR WORK
VENDOR shall sweep streets designated in Exhibit C, Street Name List and Schedule, and shown on Exhibit D, Street Sweeping Map, in accordance with the following schedule:

Type of Street Estimated Curb
Miles
Frequency Work
Hours
Residential Street, No Median 60.8 Bi-weekly Day
Residential Boulevard, No Median 2.3 Bi-weekly Day
Residential Boulevard, No Median 2.1 Weekly Day
Residential Boulevard, with Median 9.8 Weekly Day
Residential Boulevard Median 9.8 Weekly Day
Commercial Street, with Median 11.2 Weekly Night
Commercial Street, No Median 4.6 Weekly Night
Commercial Street Medians 10.4 Weekly Night
City/District Parking Lots Refer to 1.04a Weekly Night
City/District Bridges Refer to 1.04g Weekly Night
Area Between Travel Lanes Refer to 1.04f Monthly Day

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1.06 SWEEPING LOG REQUIRED
VENDOR shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by VENDOR hereunder. Said records shall be available to CITY for review and copying during regular business hours at VENDOR’S place of business or as otherwise agreed upon by the parties. Records of miles swept and debris amounts collected per month shall be submitted with a monthly invoice to the CITY by the fifth day of the following month.

The VENDOR shall submit a Sweeping Log weekly by the Wednesday of the following week to the City’s Public Works Department. The log shall include daily starting and ending odometer readings, cubic yards of material collected, and type of sweeper used. A separate log shall also be used for any additional work items performed (as described in Exhibit B Section 2.04A: Scheduled Extra Work or Section 2.04B: Emergency Extra Work). A weekly statement template form will be provided by the CITY and may be modified at any time at the discretion of the CITY to comply with the CITY’s Storm Water Discharge Permit.

1.07 QUALITY OF WORK
The standards of performance, which the VENDOR is obligated to perform hereunder, are those standards which are considered to be good street sweeping practices and which are subject to approval by the CITY. The CITY at its discretion may conduct periodic audits to ensure the quality of work is in compliance with the CITY’s street sweeping expectations.

1.08 HOURS OF SWEEPING
All scheduled machine street sweeping shall be performed only during the hours of 8:00 AM to 5:00 PM for day routes and during the hours of 10:00 PM to 7:00 AM for night routes. Sweeping shall not be performed on weekends or on CITY holidays unless authorized by the CITY.

1.09 EQUIPMENT
Contract work shall only be performed with equipment suitable to produce the quality of work identified in PARAGRAPH 1.07 of Exhibit A. All equipment shall be subject to the CITY's approval prior to use. All sweeping equipment shall have appropriate safety markings consisting of highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code and approved by the CITY.

The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.

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The VENDOR shall properly maintain a minimum of or have two (2) working machine sweepers, both in good condition and appearance, for use under this contract at all times.

A. Sweepers shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the contract or replaced with a sweeper which does meet the limits.

B. The maximum noise level allowed at all times is 85 dBA.

1.10 DISPOSAL OF SWEEPING REFUSE
The VENDOR may dump all debris swept from the CITY streets at the City/District Corporation Yard located at 100 Lincoln Centre Dr. in Foster City. The debris boxes will be emptied by the CITY.

1.11 WATER
The VENDOR shall utilize adequate amounts of water to perform street sweeping services. No dry sweeping shall be allowed unless authorized by the CITY. The VENDOR shall provide equipment with adequate air gap to prevent cross contamination of the CITY’s water system

1.12 STORAGE OF EQUIPMENT
The VENDOR must provide his own storage for equipment such as sweepers, brooms, tires, gas, oil and other required parts and materials. The CITY will not provide storage for any VENDOR equipment.

1.12 SPEED OF VEHICLES
The VENDOR shall operate the sweepers between four and five miles per hour when sweeping, unless it can be proven, to the satisfaction of the CITY, the sweeper can operate at a higher speed and still operate effectively.

1.13 CITY RIGHTS
The CITY will:
a. Increase or decrease the amount of work to be performed with no change in the unit price.
b. Have emergency service performed by CITY forces or by a separate VENDOR as needed.
c. Use video equipment to create public service spots for community awareness.
d. Change hours of sweeping as necessary provided 48 hours advance notice is given.

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1.14 EQUIPMENT IDENTIFICATION
The VENDOR shall display on the side of the equipment being used within the CITY, a CITY logo. The logo will consist of the CITY’s existing emblem with the words, "contracted by" added to it. The CITY will furnish these signs. The signs are the property of the CITY and shall be returned to the CITY upon request.

1.15 STREET SWEEPING SCHEDULE
The schedule for specific streets is provided in EXHIBIT C, STREET NAME LIST AND SCHEDULE. The schedule for street sweeping may not be changed without the written approval of the CITY.

1.16 MEETINGS & NOTIFICATION
The VENDOR shall attend street sweeping progress meetings with a CITY representative on a monthly basis if needed at the CITY’s Corporation Yard. No additional compensation will be allowed for the VENDOR for meeting times.

The VENDOR shall notify the Street Superintendent whenever the street sweeper enters the CITY to perform sweeping work.

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EXHIBIT B
VENDOR’S FEE SCHEDULE AND COMPENSATION

STREET SWEEPING MAINTENANCE
(JUNE 1, 2023 – DECEMBER 31, 2025)
Proposal Item No I shall not exceed $126,000 annually.

The total of all other Proposal Items shall not exceed $5,000 annually.

ITEM No. DESCRIPTION ANNUAL

QUANTITY UNIT UNIT PRICE TOTAL ANNUAL
AMOUNT
I. Monthly Street Sweeping
Monthly Rate for basic sweeping
services based on the schedule
described in Exhibit A 1.05, and
Exhibits C & D.
12 $/Month $ 10,500.00 $ 126,000.00
TOTAL (ITEM I) PER YEAR $126,000.00
II. Additions/Deletions – Curb
Mile
Rate per curb mile for additions or
deletions to the basic sweeping
services described in
PARAGRAPH 2.05.
1 $/Mile $ 36.00
III. Additions/Deletions – Square
Yards – Parking Lots
Rate per square yard for
additions or deletions to the basic
street sweeping services.
1 $/Sq. Yard $ 0.01
IV. Scheduled Extra Work
Hourly rate for scheduled extra
work (includes operator and
sweeper) described in Paragraph

2.04A.
1 $/Hr. $ 160.00
V. Emergency Extra Work
a. Hourly rate for emergency extra
work during normal operating
hours 8 a.m. – 5 p.m. (includes
operator and sweeper).
1 $/Hr. $ 200.00
b. Hourly rate for emergency extra
work after hours including nights
and weekends (includes operator
and sweeper), described in
Paragraph 2.04B
1 $/Hr. $ 250.00

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2.00 SUMMARY
CITY shall compensate VENDOR for all services performed by VENDOR hereunder in an amount based upon the FEE SCHEDULE in EXHIBIT B of this Agreement during the time of the performance of said services.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the annual sum of One Hundred And Twenty Six Thousand Dollars ($126,000.00) for routine work and Five Thousand Dollars ($5,000) for additional work during the initial term of this Agreement (i.e., June 1, 2023 – December 31, 2025) 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 in writing by the CITY.

2.01 PAYMENT
The VENDOR shall provide all work necessary to conduct routine street sweeping maintenance as defined in this agreement. Compensation for this work shall be made monthly based on 1/12th of Total Annual Amount of Item I, Monthly Street Sweeping, as listed in VENDOR’S FEE SCHEDULE.

2.02 PROGRESS PAYMENTS
Invoices for all services provided in the previous month should be submitted by the fifth of the month along with a monthly report which includes the records of miles swept and debris amounts collected. If, in the opinion of the CITY, all services have been provided in a timely and competent manner, full payment based on the VENDOR’S FEE SCHEDULE shall be made.

2.03 ESCALATION FACTOR
At the end of the initial contract period (December 31, 2025), and annually thereafter for each year that the parties renew the contract pursuant to PARAGRAPH 1.02, the rates on the VENDOR’S FEE SCHEDULE in EXHIBIT B may, upon VENDOR or CITY request be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI). The most recent CPI for October – October San Francisco/Oakland area for all urban wage earners shall be used. The VENDOR shall submit to the CITY a revised unit price schedule and supporting CPI information for any requested changes.

2.04 EXTRA WORK
Compensation and reimbursement of costs and expenses for “Scheduled Extra Work” or “Emergency Extra Work” shall be payable upon monthly billing therefore

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by VENDOR to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

A. Scheduled Extra Work
For Scheduled Extra Work Items, the VENDOR will be given 2 working days advance notice of the need. Compensation shall be based on Item IV VENDOR’S FEE SCHEDULE.

Scheduled Extra Work Items may include but are not limited to correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and undesignated special events, which may require sweeping services during the year, in a non-emergency timeframe. This also includes areas between turn lanes and through lanes, and between median islands on an as needed basis. A separate itemized invoice, indicating the actual hours spent on-site, shall be prepared for the Scheduled Extra Work. No additional compensation shall be given for travel time to the Scheduled Extra Work site.

B. Emergency Extra Work
All other unscheduled extra work shall be considered Emergency Extra Work. Emergency Extra Work requires response within 2 hours or less.

Emergency Extra Work done during normal business hours (8 AM – 5 PM) shall be compensated based on Item V.a in VENDOR’S FEE SCHEDULE.

Emergency Extra Work done during non-normal business hours (5 PM – 8 AM), weekends and holidays shall be compensated based on Item V.b in VENDOR’S FEE SCHEDULE.

Emergency Extra Work Items may include but are not limited to correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and undesignated special events, which may require sweeping services during the year, in an emergency timeframe. A separate itemized invoice, indicating the actual hours spent on-site, shall be prepared for the Emergency Extra Work. No additional compensation shall be given for travel time to the Emergency Extra Work site.

2.05 ADDITIONS/DELETIONS
The CITY reserves the right to add or delete curb miles and to increase or reduce the sweeping frequency called for in this Agreement. The cost per curb mile for additions or deletions (Item II, VENDOR’S FEE SCHEDULE) will dictate the maximum increase that will be allowed for additional miles and/or for additional frequency. That amount will also dictate the minimum reduction in monthly cost for deletion of curb miles and/or decrease in sweeping frequency.

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2.06 PAYMENT PENALTIES
Attention is directed to the following contract provisions relating to payment penalties.

It is mutually agreed that timely and complete performance of all aspects of this contract is of extreme importance to both parties. By entering a contract for performance of all work called for in these specifications, the VENDOR agrees to the following penalties as being appropriate and acceptable, and further agrees that such penalties will be deducted from funds otherwise due and payable to the VENDOR.

1. Failure to file the weekly
statement/Sweeping Log as
required in Exhibit A, Paragraph

1.06 Assess $50/Day for each day late

2. Failure to sweep required eight feet
width from curb face as specified in
Exhibit A, Paragraph 1.04b
Corresponding in payment
reduction per Exhibit A, Paragraph

1.04b

3. Callbacks as specified in Paragraph

2.07 Assess $100 per each callback

2.07 CALLBACKS
Whenever, in the opinion of the CITY, a section of street is inadequately swept, the VENDOR shall, within 24 hours after notification, re-sweep the section in question and may, at the discretion of the CITY, forfeit as a penalty, one hundred dollars ($100) for each time a street is inadequately swept. No additional payment will be made for callbacks as a result of inadequate sweeping.

2.08 ALL OTHER WORK
All other work included in this Agreement, unless identified as “Scheduled Extra Work" or “Emergency Extra Work”, shall be deemed ancillary to the work covered by Item I listed in VENDOR’S FEE SCHEDULE, and no additional compensation shall be granted.

2.09 ADDITIONAL SERVICES
In the event CITY desires the performance of additional services not otherwise included within the services described in this Agreement, such services shall be authorized in advance of the performance thereof by CITY in writing. Such amendment to this Agreement shall include a description of the services to be performed there under, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services.

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Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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EXHIBIT C

STREET NAME LIST AND SCHEDULE
Street List
(EVERY OTHER TUESDAY)
Duck Mallard Staysail
Avocet Decatur Marlin Sloop
Balclutha Egret Matsonia Spinnaker
Bainbridge Eliza Menhaden Stilt
Barkentine Flying Cloud Mullet Sunfish
Beach Park Blvd. (Gull to
Foster City Blvd.)
Flying Fish Niantic Surfbird
Bluefish Flying Mist Pelican Surfperch
Bounty Foresail Pilgrim Swan
Blythe Goldhunter Plover Swordfish
Bowfin Grebe Polynesia Tarpon
Bramble Grunion Pompano Teal
Burrows Gull Puffin Topsail
Catamaran Haddock Ranger Cir. Trimaran
Challenge Halibut Ribbon Trysail
Chrysopolis Halsey Sailfish Turnstone
Cod Harvester Sanderling Widgeon
Comet Ketch Sandpiper Windjammer
Constitution Killdeer Schooner Yawl
Crane Loon Sea Horse
Curlew Lurline Shearwater Isle
Cutter Mainsail Shooting Star
Dolphin
Street List
(EVERY OTHER THURSDAY)
Altair Coos Leo Pollux
Arcturus Crystal Lido Port Royal
Argus Cumberland Melbourne Regulus
Avalon Dewey Mira Sandy Hook
Baffin Drake Monterey Saturn
Balboa Farragut Morrow Sea Cloud
Beach Park To Edgewater Gateshead Nantucket Tampa
Biscayne Galveston Newport Taurus
Bodega Hatteras Oyster Vega
Boothbay Hudson Bay Pensacola Venus
Botany Jamaica Pitcairn Winchester
Bristol Jupiter Pleasant
Castor Laguna Polaris
Chesapeake

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EXHIBIT D

STREET SWEEPING MAP

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EXHIBIT E

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement by and between SCA (Sweeping Corp of America) of CA, LLC, hereinafter referred to as "Vendor”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Vendor's Duty to Show Proof of Insurance. Vendor, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Vendor's acts, errors, or omissions in connection with the performance of Vendor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Vendor shall not perform any work under this Agreement until Vendor has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Vendor 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, Vendor 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. Vendor shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Vendor or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Vendor'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. Vendor 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 Two Million Dollars ($2,000,000) each occurrence and Four Million Dollars ($4,000,000) aggregate. *Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with

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coverage equal to the policy limits, which shall be at least Two Million Dollars ($2,000,000) combined single limit.

Workers' Compensation Insurance
VENDOR shall submit written proof that VENDOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. VENDOR shall require any Subcontractors to provide workers' compensation for all of the Subcontractors' employees, unless the Subcontractors' employees are covered by the insurance afforded by VENDOR. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, VENDOR shall provide and/or require each Subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. Vendor shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.

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

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

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

3.Insurance terms and conditions:

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

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

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

3.4 For any claims related to the Agreement, the Vendor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Vendor’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 Vendor for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Vendor to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Vendor. City , at its sole option, may terminate this Agreement and obtain damages from Vendor resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Vendor, City shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Vendor agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Vendor and its subcontractors shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Vendor's fees under this Agreement (and the fee of its subcontractors under subcontractor agreements) shall be reduced by the amount of insurance premiums that may be avoided by Vendor and its subcontractors by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Vendor's and subcontractors policies. Construction Manager and its subcontractors shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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EXHIBIT E
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.

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT F
COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City (“City”) and SCA (Sweeping Corp of America) of CA, LLC (“Vendor”) dated May 1, 2023.

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 Vendor (which for purposes herein includes all subcontractors) 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 Vendor 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. Vendor acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Vendor’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 Vendor shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

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

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

2. COVID-19 Conditions and Proposal. Vendor 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 Vendor’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the Vendor must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

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

4. Delay. The Vendor is entitled to a reasonable time extension for an Unknown COVID-19 Condition.

Such time extension is non-compensable.

6.6 Attachment 2 - Agreement

87 33

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

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

7. Safe Work Practices. Vendor shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subcontractors, 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. Vendor remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Vendor 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. Vendor shall immediately report to City any outbreaks of COVID-19 among its workers. The Vendor shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.

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

VENDOR: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

6.6 Attachment 2 - Agreement

88 DATE: May 1, 2023

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: Ramon Towne, Interim Public Works Director/City/District Engineer Zaheed Danish, Acting Public Works Maintenance Manager
Frank Schoening, Public Works Maintenance Superintendent DEPARTMENT: Public Works
SUBJECT: TRANSFER OF $233,455 FROM THE WASTEWATER FUND 451 TO THE VEHICLE REPLACEMENT FUND 501, THE
APPROPRIATION OF $415,904 FROM THE VEHICLE
REPLACEMENT FUND 501 TO ACCOUNT NO. 501-0560-431-43-
84, THE PURCHASE OF A VAC-CON VJT1500 TRUCK FOR A
TOTAL AMOUNT OF $415,903.68 FROM VAC-CON INC.

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt a resolution authorizing the following actions related to the replacement of the existing Public Works high-pressure sewer jet truck (“Sewer Jet”): 1. Approve the transfer of $233,455 from the Wastewater Fund 451 to the Vehicle Replacement Fund 501; 2. Approve an appropriation of $415,904 from the Vehicle Replacement Fund 501 to Vehicle Replacement Fund Account No. 501-0560-431-43-84; and 3. Approve the purchase of a Vac-Con VJT1500 high pressure Sewer Jet for a total amount of $415,903.68 from Vac- Con Inc. and authorize the City/District Manager to approve the purchase order.

EXECUTIVE SUMMARY

6.7 6.7 Staff Report

89 The Sewer Jet is scheduled for replacement in the Vehicle Replacement Fund (VRF) in FY 2026-2027. Based on an analysis of the condition as well as the level of use of the existing vehicle, staff is recommending the early replacement of the unit in FY 2023-2024.

In order to receive the vehicle in FY 2023-2024, an order must be placed in the FY 2022- 2023 budget year, based on the vendor’s production schedule.

As of July 1, 2023, funding in the amount of $182,449 will have been set aside for this replacement in the Vehicle Replacement Fund. Additional funding of $233,455 from the Wastewater Fund will be required to complete the purchase.

BACKGROUND/ANALYSIS
The Sewer Jet is used daily to clean EMID’s sewer system, making it possible to continuously convey wastewater. Without continuous maintenance, the system would experience backups and Sanitary Sewer Overflows (SSOs), which are not only detrimental to the efficiency of the system but are also costly regulatory violations.

The current Sewer Jet is nine (9) years old and is beginning to require maintenance and repairs frequently. The company that manufactured the unit has gone out of business, making it difficult or impossible to acquire parts for repair. The down time of this vehicle is affecting the Wastewater Division’s ability to maintain the sewer system to the required standards.

Municipal Code Section 3.04.110.G authorizes purchases that use bids from other public agencies that are not older than six months as an alternative to the bidding process in the City/EMID’s Purchasing Policy. The City National Auto Fleet Group utilizes Sourcewell, formerly known as National Joints Powers Association (NJPA), which was established with the statutory purpose to assist public agencies in meeting specific procurement needs which are more efficiently delivered cooperatively than by an entity individually. Staff received pricing for the Sewer Jet from the National Auto Fleet Group which has established pricing through a compliant bid process.

The City/EMID utilizes an Internal Service Fund to accumulate replacement funds for higher-cost vehicles and equipment. Because the Sewer Jet is being recommended for early replacement, sufficient funding has not yet accumulated in the Vehicle Replacement Fund for this purchase. Additional funding in the amount of $233,455 is required from the Wastewater Fund 451, in addition to the $182,449 that has been set aside and is available in the Vehicle Replacement Fund.

While it was originally believed that the vehicle would serve the enterprise’s needs for a twelve (12) year period, that has not proven to be the case. Part of this is due to the fact that replacement parts and repairs are no longer available from the manufacturer, which has gone out of business. The build-up time for the new vehicle is anticipated to

6.7 6.7 Staff Report

90 be at least twelve (12) months, so the current vehicle will be ten (10) years old by the time the replacement is received.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This purchase is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
The total cost of the Sewer Jet is $415,903.68. The amount of $182,449 will be available as of July 1, 2023, in the Vehicle Replacement Fund 501. The additional $233,455 from Wastewater Fund 451 will provide the funding necessary to purchase the replacement Sewer Jet.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - Contract Price Sheet

6.7 6.7 Staff Report

91 6
1 9
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE TRANSFER OF $233,455 FROM THE WASTEWATER FUND 451 TO THE VEHICLE REPLACEMENT FUND 501 AND APPROPRIATING $415,904 FROM THE VEHICLE REPLACEMENT FUND 501 TO ACCOUNT NO. 501-0560-431-43-84 AND AUTHORIZING THE PURCHASE OF A VAC-CON VJT1500 TRUCK FOR A TOTAL AMOUNT OF $415,903.68 FROM VAC-CON INC. AND AUTHORIZING CITY MANAGER

TO APPROVE THE PURCHASE ORDER

CITY OF FOSTER CITY
WHEREAS, the existing sewer jet truck (Sewer Jet) is nine (9) years old and in need of replacement; and
WHEREAS, the Sewer Jet is used daily to clean EMID’s sewer system, making it possible to continuously convey wastewater by preventing backups and sanitary sewer overflows (SSO); and
WHEREAS, the new Vac-Con sewer jet truck has been determined to have the necessary functionality and quality to meet the EMID’s standards and needs; and WHEREAS, funding is available in the Vehicle Replacement Fund 501 and in the Wastewater Fund 451 for this purchase; and
WHEREAS, Municipal Code Section 3.04.110.G authorizes purchases that use bids from other public agencies that are not older than six months and this pricing was received through Vac-Con Inc. which utilizes Sourcewell, formerly known as National Joints Powers Association (NJPA), which was established with the statutory purpose to assist public agencies in meeting specific procurement needs which are more efficiently delivered cooperatively than by an entity individually.

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

1. Approve a transfer of $233,455 from the Wastewater Fund 451 to Vehicle Replacement Fund 501; and

2. Approve an appropriation of $415,904 from the Vehicle Replacement Fund 501 to Vehicle Replacement Fund Account No. 501-0560-431-43-84; and

3. Approve the purchase of a Vac-Con VJT1500 high pressure sewer jet truck for a total amount of $415,903.68 from Vac-Con Inc. and authorize City/EMID Manager to approve the Purchase Order.

6.7 Attachment 1 - City Resolution

92 6
1 9
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

JON FROOMIN, MAYOR
ATTEST:
_____________________________________

PRISCILLA SCHAUS, CITY CLERK

6.7 Attachment 1 - City Resolution

93 6
1 8
RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AUTHORIZING THE TRANSFER OF $233,455 FROM THE WASTEWATER FUND 451 TO THE VEHICLE REPLACEMENT FUND 501 AND APPROPRIATING $415,904 FROM THE VEHICLE REPLACEMENT FUND 501 TO ACCOUNT NO. 501-0560-431-43-84 AND AUTHORIZING THE PURCHASE OF A VAC- CON VJT1500 TRUCK FOR A TOTAL AMOUNT OF $415,903.68 FROM VAC-CON INC.

AND AUTHORIZING CITY MANAGER TO APPROVE THE PURCHASE ORDER

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the existing sewer jet truck (Sewer Jet) is nine (9) years old and in need of replacement; and
WHEREAS, the Sewer Jet is used daily to clean EMID’s sewer system, making it possible to continuously convey wastewater by preventing backups and sanitary sewer overflows (SSO); and
WHEREAS, the new Vac-Con sewer jet truck has been determined to have the necessary functionality and quality to meet the EMID’s standards and needs; and WHEREAS, funding is available in the Vehicle Replacement Fund 501 and in the Wastewater Fund 451 for this purchase; and
WHEREAS, Municipal Code Section 3.04.110.G authorizes purchases that use bids from other public agencies that are not older than six months and this pricing was received through Vac-Con Inc. which utilizes Sourcewell, formerly known as National Joints Powers Association (NJPA), which was established with the statutory purpose to assist public agencies in meeting specific procurement needs which are more efficiently delivered cooperatively than by an entity individually.

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

1. Approve a transfer of $233,455 from the Wastewater Fund 451 to Vehicle Replacement Fund 501; and

2. Approve an appropriation of $415,904 from the Vehicle Replacement Fund 501 to Vehicle Replacement Fund Account No. 501-0560-431-43-84; and

3. Approve the purchase of a Vac-Con VJT1500 high pressure sewer jet truck for a total amount of $415,903.68 from Vac-Con Inc. and authorize the District Manager to approve the Purchase Order.

6.7 Attachment 2 - EMID Resolution

94 6
1 8
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 1 st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

JON FROOMIN, PRESIDENT
ATTEST:
_____________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.7 Attachment 2 - EMID Resolution

95 6.7
Attachment 3 - Contract Price Sheet

96 6.7
Attachment 3 - Contract Price Sheet

97 6.7
Attachment 3 - Contract Price Sheet

98 DATE: May 1, 2023

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: Derek Schweigart, Director of Parks and Recreation Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: THREE-YEAR JOINT USE AGREEMENT FOR JOINT USE

FACILITIES BETWEEN THE CITY OF FOSTER CITY/EMID AND

THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT FROM
MAY 1, 2023, THROUGH APRIL 30, 2026

RECOMMENDATION
It is recommended that City Council/EMID Board adopt the attached resolution authorizing a three-year Joint Use Agreement for Joint Use Facilities between the City of Foster City and the San Mateo-Foster City School District from May 1, 2023 to April 30, 2026.

EXECUTIVE SUMMARY
The City of Foster City/Estero Municipal Improvement District (EMID) has had a Joint Use Agreement (JUA) with the San Mateo-Foster City School District since 1991 for the joint use of Audubon, Foster City, and Brewer Island School facilities. City staff reviewed the JUA with San Mateo-Foster City School District staff and recommends extending the previous agreement with mutually agreed upon updated terms. The attached JUA language was reviewed by the City Attorney/District Legal Counsel, school district staff and City/District staff.

6.8 6.8 Staff Report

99 BACKGROUND
On December 16, 1991, the City of Foster City/EMID and the Foster City Community Development Agency established a JUA with the Foster City-San Mateo Elementary School District. The purpose of the JUA was to provide for the construction and future availability of three joint use facilities located at Audubon, Brewer Island, and Foster City Schools.

The JUA was amended November 1993, August 1994, March 1999, March 2011, September 2016, and April 2020. The current agreement expires on April 30, 2023.

The Parks and Recreation Department (Department) utilizes the multipurpose rooms at Audubon and Foster City Elementary Schools year-round for City operated youth and adult contract classes and providing meeting space for community non-profits such as the Foster City Community Chorus, local scout troops and youth sports organizations. Either Audubon or Foster City Elementary School is made available to the City for summer day camp programs. Beach Park Elementary School’s multipurpose room has not been reflected in past agreements as the school was not opened during previous JUA’s. The new facility is included in the proposed agreement. Brewer Island Gym is used most days for youth and adult sport rental programs that the City facilitates.

The Department works closely with school district staff, student, and parent communities at each of the Foster City’s schools. The Department provides a Wednesday Enrichment Program for all four elementary schools. The City’s teen program staff, in cooperation with the Youth Advisory Committee, hosts the bi-annual Youth Summit for seventh and eighth grade Bowditch Middle School students. The City also hosts the Bowditch Middle School graduation party at the William Walker Recreation Center.

The recommended term of the JUA is approximately three (3) years, effective May 1, 2023 through April 30, 2026.

ANALYSIS
The JUA between the City and the School District has been in place for over 30 years and benefits the City and the community by providing greater access to a variety of public facilities within the City’s jurisdiction and for a greater level of services the City and non-profit organizations are able to provide to the community. In preparation for the JUA renewal, City and school district staff met this year to evaluate and update its terms and ensure the agreement meets the operational needs of both the City and school district while continuing to serve both youth and adults in the community.

Staff recommends entering into a new JUA with the San Mateo-Foster City School District for the joint use of facilities as described above. The following is a change to

6.8 6.8 Staff Report

100

the proposed terms which have been negotiated and accepted by both the City and the school district:
•Adding the new Beach Park Elementary School to the list of facilities available for joint use (specifically, the multipurpose room) The recommended agreement has a three-year term effective May 1, 2023 through April 30, 2026. The JUA was reviewed by the City Attorney/District Legal Counsel, the school district and City/District staff. The JUA is scheduled for consideration by the San Mateo-Foster City School Board at its regular meeting on April 27, 2023.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
Expenses related to the Joint Use Agreement are included in the FY 2022-2023 Budget as follows:
$40,000 Utilities at all three facilities
$40,000 Janitorial at Brewer Island Gym
$80,000 TOTAL

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure, Operational Excellence, and Social Equity ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Joint Use Agreement

6.8 6.8 Staff Report

101

6 4
6 RESOLUTION NO.________

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

AUTHORIZING THE ADOPTION OF THE JOINT USE AGREEMENT FOR JOINT USE

FACILITIES BETWEEN THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT AND

THE CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT FOR A THREE (3) YEAR TERM FROM MAY 1, 2023, THROUGH APRIL 30, 2026.

CITY OF FOSTER CITY
WHEREAS, the current amended and restated Joint Use Agreement was adopted in May 2020; and
WHEREAS, the terms of the Joint Use Agreement outline shared use and reflect the relationship that the Foster City Parks and Recreation Department has with the schools located in Foster City; and
WHEREAS, the Foster City Parks and Recreation Department staff met with the San Mateo-Foster City School District staff to assure that the Joint Use Agreement continues to meet the requirements and needs of both organizations; and WHEREAS, the Joint Use Agreement was reviewed by the City Attorney/District Counsel, the School District and City staff and is scheduled to be considered for adoption by the San Mateo-Foster City School Board at its regular meeting on April 27, 2023; and WHEREAS, City staff recommends adoption of the Joint Use Agreement for Joint Use Facilities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the adoption of the Joint Use Agreement for Joint Use Facilities between the San Mateo/Foster City School District and the City of Foster City/Estero Municipal Improvement District for a three (3) year term from May 1, 2023, through April 30, 2026.

6.8 Attachment 1 - City Resolution

102

6 4
6 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________

JON FROOMIN, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

6.8 Attachment 1 - City Resolution

103

6 4
5 RESOLUTION NO.________

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

AUTHORIZING THE ADOPTION OF THE JOINT USE AGREEMENT FOR JOINT USE

FACILITIES BETWEEN THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT AND

THE CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT FOR A THREE (3) YEAR TERM FROM MAY 1, 2023, THROUGH APRIL 30, 2026.

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the current amended and restated Joint Use Agreement was adopted in May 2020; and
WHEREAS, the terms of the Joint Use Agreement outline shared use and reflect the relationship that the Foster City Parks and Recreation Department has with the schools located in Foster City; and
WHEREAS, the Foster City Parks and Recreation Department staff met with the San Mateo-Foster City School District staff to assure that the Joint Use Agreement continues to meet the requirements and needs of both organizations; and WHEREAS, the Joint Use Agreement was reviewed by the City Attorney/District Counsel, the School District and City staff and is scheduled to be considered for adoption by the San Mateo/Foster City School Board at its regular meeting on April 27, 2023; and WHEREAS, City/District staff recommends adoption of the Joint Use Agreement for Joint Use Facilities.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the adoption of the Joint Use Agreement for Joint Use Facilities between the San Mateo-Foster City School District and the City of Foster City/Estero Municipal Improvement District for a three (3) year term from May 1, 2023, through April 30, 2026.

6.8 Attachment 2 - EMID Resolution

104

6 4
5 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________________

JON FROOMIN, MAYOR
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.8 Attachment 2 - EMID Resolution

105

JOINT USE AGREEMENT FOR JOINT USE FACILITIES
THIS AGREEMENT is made and entered into on this day of May 1, 2023, by and between the CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT, hereinafter called "CITY/EMID", and the SAN MATEO/FOSTER CITY SCHOOL DISTRICT, hereinafter called "SCHOOL DISTRICT."

RECITALS
WHEREAS, on or about December 16, 1991, CITY/EMID, and SCHOOL DISTRICT, hereinafter referred to collectively as the "PARTIES," executed an agreement in writing by the terms of which they settled between themselves a lawsuit concerning the exchange of real property; and the revision of a 1981 agreement between the COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FOSTER CITY, hereinafter called "AGENCY" and SCHOOL DISTRICT; and
WHEREAS, said Agreement provided for the joint use of the CITY/EMID and SCHOOL DISTRICT of certain facilities and the joint financing of the cost of maintenance and improvements; and
WHEREAS, the Agreement was amended on November 4, 1993 ("First Amendment"), August 18, 1994 ("Second Amendment"), March 1, 1999 ("Third Amendment"), March 21, 2011 ("Fourth Amendment") and September 19, 2016 (“Fifth Amendment”); and
WHEREAS, on May 1, 2020, the PARTIES further amended the Agreement, adopting an Amended and Restated Agreement containing all of the agreed-upon provisions; and
WHEREAS, the Amended and Restated Agreement dated May 1, 2020 expires on April 30, 2023 and the PARTIES now wish to enter into a new Agreement." TERMS
Based upon the above-referenced Recitals, the PARTIES agree as follows:

1. Term of Agreement. The term of this Agreement shall be for three (3) years from the date above written. SCHOOL DISTRICT AND CITY/EMID shall have the option to renew the Agreement for an additional three (3) year term. In order to exercise this option, SCHOOL DISTRICT AND CITY/EMID shall meet and confer no later than six (6) months before the end of the initial three (3) year term of this Agreement. SCHOOL DISTRICT AND CITY/EMID shall give written notice of confirmation of extension in order to renew the Agreement.

6.8 Attachment 3 - Joint Use Agreement

106

2. SCHOOL DISTRICT Facilities Subject to This Agreement. The SCHOOL DISTRICT agrees that shared usage of Audubon, Beach Park, Brewer Island, Bowditch, and Foster City School, hereinafter "FACILITIES", shall be allowed under the terms and conditions enumerated herein.
a. Audubon. CITY/EMID is authorized to use the multipurpose room, men's/boys’ and women's/girls’ bathrooms located adjacent thereto, by scheduling such use as provided below in Paragraph 3.
b. Beach Park. CITY/EMID is authorized to use the multipurpose room, men’s/boys’ and women’s/girls bathrooms located adjacent thereto, by scheduling as provide below in Paragraph 3.
c. Brewer Island. CITY/EMID is authorized to use the gymnasium, men's/boys’ and women's/girls’ bathrooms located adjacent thereto, by scheduling such use as provided below in Paragraph 3.
d. Bowditch. CITY/EMID is authorized to use the gymnasium, men's/boys’ and women's/girls’ bathrooms located adjacent thereto during the SCHOOL DISTRICT's summer recess.
e. Foster City School. CITY/EMID is authorized to use the multipurpose room, men's/boys’ and women's/girls’ bathrooms located adjacent thereto, by scheduling such use as provided below in Paragraph 3.
f. No later than September 30 of each year, the above-referenced school sites shall provide to the CITY/EMID their planned school year event calendar.

After September 30, SCHOOL DISTRICT will attempt to not exceed 25 changes for the remainder of the school year.
g. Storage space of at least 150 square feet shall be provided to CITY/EMID at Audubon and Brewer Island schools. CITY/EMID shall have the option of installing temporary storage containers after the release of students for the summer recess at Foster City School and Bowditch School in areas authorized by the SCHOOL DISTRICT. If CITY/EMID installs temporary storage containers, the containers shall be removed prior to the commencement of the next school year.

3. Access to FACILITIES
a.CITY/EMID shall schedule all use of DISTRICT facilities through the online civic permits process at www.smfc.civicpermits.com for each proposed use of FACILITIES. If CITY/EMID arranges access for recreation department sponsored programs or community non/profit organizations, then CITY/EMID will designate such organizations in the Civic Permits platform.

CITY/EMID arranges appropriate liability coverage for such organizations.

6.8 Attachment 3 - Joint Use Agreement

107

b.The SCHOOL DISTRICT shall issue one set of keys, a fob key (only at Brewer Island School), and entry codes to CITY/EMID for access to the above-referenced FACILITIES. CITY/EMID will not be charged for issuance of the initial keys or fob key, but the SCHOOL DISTRICT shall charge a lost key fee of $75.00 and lost fob key fee of $100.00. Additional keys and fob key may be obtained for an additional cost of $10 per key and $50 per fob key.
c.The SCHOOL DISTRICT will not issue to FACILITIES' renters, users or the public, keys which would allow access to the CITY/EMlD's storage areas located at the FACILITIES.
d.Prior to using the facilities for summer use, CITY/EMID shall schedule a site walk through with District Facilities and Maintenance/Operations staff at least 30 days prior to the requested date of use.

4. Time Period for Usage of FACILITIES
a.For the Audubon, Beach Park and Foster City School FACILITIES, CITY/EMID shall be entitled to access from 4:30 PM to 11:00 PM daily and from 8:00 AM to 11:00 PM, Saturday and Sunday.
b.At Brewer Island, the access time shall be from 4:00 PM to 11:00 PM daily except on Tuesdays. CITY/EMlD shall leave the facility clean and ready for SCHOOL DISTRICT use by 7:00 AM on school days.
c.The Bowditch site will be made available for CITY/EMID use during summers when any one of the other four sites (Audubon, Beach Park, Brewer Island or Foster City School) is not available.

5. Maintenance and Janitorial Service of FACILITIES
a.Routine maintenance and janitorial service of the FACILITIES shall be performed by SCHOOL DISTRICT. CITY/EMID shall be billed for its share of the costs on a quarterly basis. These costs shall include cost of routine maintenance of the floors, equipment, lighting, heating/air conditioning, bathrooms in the FACILITIES and costs for janitorial, personnel, consumable supplies, interior painting, and utilities calculated as a percentage of the square footage used by the CITY/EMID compared to the FACILITIES total building square footage.
b.The above-referenced maintenance and janitorial service shall be provided by SCHOOL DISTRICT at Audubon, Beach Park, Bowditch, Brewer Island, and Foster City School so that the FACILITIES are clean and ready for use

6.8 Attachment 3 - Joint Use Agreement

108

by the CITY/EMID at 4:30 PM, Monday through Friday or, in the case of Brewer Island, 4:00 PM, and at 8:00 AM Saturday and Sunday for all sites.

It is the responsibility of SCHOOL DISTRICT to provide a clean and ready for use facility at Bowditch during the summer months when CITY/EMID uses Bowditch. It is CITY/EMlD's responsibility to provide a clean and ready for use Bowditch facility prior to its reopening at the end of summer recess if CITY/EMID has made use of the site.
c.Specifically excluded from maintenance and janitorial service costs to be shared are capital replacement costs associated with the building, exterior painting, roof work, landscaping, sidewalk pathways and parking lot repairs.

SCHOOL DISTRICT is solely responsible for the cost of these items unless damage to these items or fixtures results from CITY/EMID use. d.SCHOOL DISTRICT shall provide CITY/EMID with one set of keys to all custodial dispensing equipment such as paper towel holders, toilet paper holders, and soap dispensers at the FACILITIES for re-supply purposes. e.CITY/EMID shall leave the FACILITIES in a clean condition after use as specified in Exhibit A, a copy of which is attached hereto and incorporated by this reference. SCHOOL DISTRICT and CITY/EMID jointly developed the standards for cleanliness of the FACILITIES as enumerated and restated in Exhibit A.

If CITY/EMID fails to make the Facilities clean and ready for use as required by this paragraph, SCHOOL DISTRICT may undertake work needed to make the Facilities clean and ready for use and thereafter bill CITY/EMID for the actual cost incurred in this process.

If SCHOOL DISTRICT fails to make the Facilities clean and ready for use as required by this paragraph, CITY/EMID may undertake work needed to make the Facilities clean and ready for use and thereafter bill SCHOOL DISTRICT for the actual cost incurred in this process.
f.No later than November 30th of each year of this Agreement, the SCHOOL DISTRICT shall meet with the City to review anticipated projects and provide a budget estimate to the CITY/EMID of utility, maintenance, and janitorial service costs itemized and broken out by facility for review by the CITY/EMID.

6. Scheduling Use of FACILITIES
a.No later than November 30 th of each year of this Agreement, CITY/EMID and SCHOOL DISTRICT will meet to review the SCHOOL DISTRICT's construction and major maintenance projects which are scheduled to be

6.8 Attachment 3 - Joint Use Agreement

109

performed during the SCHOOL DISTRICT's Fall, Winter, Spring, and Summer breaks with the goal of coordinating this work and with ongoing City programs. The PARTIES, as needed, will have additional meetings if additional time is required by SCHOOL DISTRICT for cleaning and repairs in order to determine the timing and scope of those repairs and the resulting need to reschedule events by CITY/EMID to accommodate District's schedule.
b.Unless an emergency occurs, SCHOOL DISTRICT will notify CITY/EMID no later than March 1 each year regarding construction or major maintenance projects which are scheduled to be performed during the next year's summer recess.

7. Operational Issues and Emergencies
a.CITY/EMID shall provide security, supervision, and control during its use of the FACILITY.
b.CITY/EMID shall assign a staff member, or contracted user group, to lock and unlock the FACILITIES for its use.
c.SCHOOL DISTRICT and CITY/EMID shall provide at least two phone numbers for notification in the event of an emergency and a site contact for CITY/EMID and SCHOOL DISTRICT users. Both a CITY/EMID and SCHOOL DISTRICT emergency contact list will be posted at the FACILITIES for all users to access.
d.CITY/EMID shall be entitled to make temporary emergency repairs if during its use of the FACILITIES vandalism occurs, bathroom fixtures or athletic equipment becomes inoperative. The CITY/EMID shall then give SCHOOL DISTRICT immediate telephone, email or fax notice of its response to the emergency and the need for the SCHOOL DISTRICT to perform emergency repairs. SCHOOL DISTRICT shall respond and commence necessary repairs within 72 hours. Major repairs may require more than 72 hours to complete.

8. Insurance
a.SCHOOL DISTRICT shall maintain property damage insurance in an amount equal to the replacement cost of each of the FACILITIES governed by this Agreement. CITY/EMID will provide the SCHOOL DISTRICT with proof of property and liability insurance on an annual basis. b.CITY/EMID shall indemnify, save and hold harmless SCHOOL DISTRICT, its officers, Board members, agents and employees against any and all

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claims, causes of action, suits or judgments, including expenses incurred therewith for death or injury to persons, or loss of or damage to property, resulting from negligent acts of CITY/EMID, its officers, agents, employees or invitees in the performance of this Agreement. In the event of any such claims made, or suits filed, SCHOOL DISTRICT shall give CITY/EMID prompt written notice thereof, and CITY/EMID shall have the right to defend or settle the same to the extent of its interest hereunder. c.SCHOOL DISTRICT shall indemnify, save and hold harmless CITY/EMID, its officers, Board members, agents and employees against any and all claims, causes of action, suits or judgments, including expenses incurred therewith for death or injury to persons, or loss of or damage to property, resulting from negligent acts of SCHOOL DISTRICT, its officers, agents or employees in the performance of this Agreement. In the event of any such claims made, or suits filed, CITY/EMID shall give SCHOOL DISTRICT prompt written notice thereof, and SCHOOL DISTRICT shall have the right to defend or settle the same to the extent of its interest hereunder. d.CITY/EMID and SCHOOL DISTRICT shall each maintain public liability insurance of not less than $1,000,000 per person and $1,000,000 per occurrence and aggregate coverage of $2,000,000 insuring against all liability of CITY/EMID and SCHOOL DISTRICT and their authorized representatives arising out of and in connection with CITY/EMlD's and SCHOOL DISTRICT's use of the multipurpose rooms, gymnasium facilities, classrooms, and any other District facility. CITY/EMID and SCHOOL DISTRICT shall each name the other as named insured on their insurance policies. The public liability insurance shall insure performance by each party of the indemnity provisions of paragraph 8 b) and c) above. For non- CITY/EMID sponsored users, the CITY/EMID will require the user applicant to provide a Certificate of Insurance providing hold harmless coverage for both the CITY/EMID and the SCHOOL DISTRICT.

9.Notices. All notices, payments, reports, requests, demands and other communications to be made or given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally or on the second day after mailing if mailed to the party to whom notice is to be given by first class mail, registered or certified, postage prepaid and properly addressed as follows:

CITY/EMID City Manager/Parks and Recreation Director City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
SCHOOL DISTRICT Chief Business Official
San Mateo-Foster City School District

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1170 Chess Drive
Foster City, CA 94404
The PARTIES may change the address to which notices are to be sent by notice in writing of the new address.

10.Non-Assignment. Neither party may assign, either in whole or in part, its duty to perform or its right to receive performance of any obligation created by this Agreement.

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

12.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.

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

14.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.

15.Entire Agreement. This agreement contains the entire understanding and agreement.

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

CITY OF FOSTER CITY
BY: ______________________________
JON FROOMIN, Mayor
Dated: _______________

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ATTEST:
__________________________________
PRISCILLA SCHAUS, City Clerk

ESTERO MUNICIPAL IMPROVEMENT

DISTRICT
BY: ______________________________
JON FROOMIN, President
ATTEST:
__________________________________
PRISCILLA SCHAUS, District Secretary

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SAN MATEO-FOSTER CITY SCHOOL

DISTRICT
BY: _______________________________
SHARA WATKINS, President of the Board of
Trustees
ATTEST:
__________________________________
LATISA BROOKS, Clerk of the Board of Trustees

APPROVED AS TO FORM
BY: _______________________________

BENJAMIN STOCK,
City Attorney/District Legal Counsel for

CITY/EMID

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3 1
3 DATE: May 1, 2023

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: Ramon Towne, Interim Public Works Director/District Engineer Laura Galli, Engineering Manager
Ryan Marquez, Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: AGREEMENT IN AN AMOUNT NOT TO EXCEED $289,002.25 WITH TAIT ENVIRONMENTAL SERVICES, INC. FOR

PROFESSIONAL ENGINEERING DESIGN SERVICES

ASSOCIATED WITH FUEL SYSTEMS IMPROVEMENTS
PROJECT (CIP 301-700)

RECOMMENDATION
It is recommended that the Council/EMID Board adopt the attached resolutions authorizing:

1. The Mayor/President to execute a professional services agreement in an amount not to exceed $289,002.25 with Tait Environmental Services, Inc. (Tait) to perform professional engineering services for CIP 301-700 Fuel Systems Improvements Project (2021-2022); and

2. A project contingency of approximately 10% in the amount of $30,000 with authority given to the City/District Manager or his designee, to execute contract amendments up to the contingency amount.

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3 1
3 EXECUTIVE SUMMARY
The City/EMID’s unleaded and diesel fuel systems are at the end of their useful lives and due for replacement. Due to the specialized nature of this type of work, staff procured Tait in 2021 to perform a site assessment and prepare various conceptual design options for the replacement and removal of the existing fueling systems.

On January 17, 2023, the Council/EMID Board approved the issuance of a Request For Proposals (RFP) to prepare the construction contract documents and provide construction support services for this project. One proposal was received from Tait. The proposed fees in the amount of $289,002.25 have been reviewed by staff, negotiated, and deemed to be appropriate based on the scope of services. Funding will be provided from the budget established for CIP 301-700. Currently, CIP 301-700 has an approved budget of $3,077,945.50. Based on preliminary cost estimates, additional funding may be required to fully fund the project. A request for additional budget will be brought to the City Council/EMID Board once plans have been developed and construction costs estimates refined.

BACKGROUND/ANALYSIS
The City has an unleaded fuel system and a diesel fuel system that provide fuel for the vehicles and equipment owned by the City and EMID including the two lagoon pump engines, and the emergency generator serving the Corporation Yard buildings, Lift Station 59, the two lagoon pumps, and lift station 25. These systems also have the capacity to provide fuel to the San Mateo Consolidated Fire Department in emergency situations.

The existing fueling systems to be replaced and their locations are further described as follows:

1. Two 10,000-gallon Under Ground Storage Tanks (UGSTs) with two fuel dispensers, installed in the early 1990s at the entrance to the Corporation Yard on Lincoln Centre Drive. The tanks hold unleaded gas for City vehicles. If demand for unleaded fuel were to decrease in the future as a result of transition to more electric or hybrid vehicles, fuel purchases would be spread out into longer periods while still utilizing the full tank capacity.

2. Two 5,000-gallon Above Ground Storage Tanks (AGSTs), installed in the early 1990s, in an open concrete vault with canopy immediately adjacent to and west of the lagoon pump station building. The tanks provide diesel fuel for vehicles and equipment via a single fuel dispenser and for the day tank inside the lagoon pump station. The diesel fuel system also stores fuel for the emergency generators at EMID’s lift stations which is trucked to lift stations, as needed by staff.

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3 1
3 3. One 210-gallon day tank for diesel fuel, installed in the early 1960’s, inside the lagoon pump station building. The day tank provides fuel to the two lagoon pump engines and the large emergency generator serving the Corporation Yard Buildings and Lift Station 59. Lift Station 59 pumps all the sewage from the City to the Wastewater Treatment Plant in San Mateo.

Staff identified the need to remove and replace these fuel systems due to safety, environmental, and regulatory compliance concerns.

In addition, the project consists of the replacement of the existing dispensers and fuel control software and the construction of one diesel AGST (sizing to be determined) to provide diesel fuel for the Emergency Generator that serves the Corporation Yard and Lift Station 59.

In February 2021, following a competitive procurement, the City/EMID engaged Tait to perform a detailed analysis of the City/EMID’s existing fuel systems, prepare a conceptual engineering assessment, and develop a Technical Memorandum outlining recommendations for improvements for design. At the Council/Board meeting on August 1, 2022, the Council/Board adopted Resolution No. 2022-91 approving a Request for Proposal (RFP) to provide professional engineering services for CIP 301- 700. One proposal was received. It was determined prudent to advertise again, to encourage more proposals. At the Council/Board meeting on January 17, 2023, The Council/Board adopted Resolutions No. 2023-6 and 3701 approving the RFP to provide professional engineering services for CIP 301-700.

The RFP was sent to thirty-two consulting firms including those that specialize in fuel system design and seven ad agencies that advertise projects for the benefit of its consultant clients. A notice was also posted on the City’s website. One proposal was received by Tait on the March 7, 2023 due date.

An evaluation committee consisting of staff members from Public Works Engineering reviewed the proposal. After the qualification-based selection process based on the RFP grading criteria, Tait was determined to be qualified. Tait has prepared a Technical Memorandum outlining recommended improvements to replace the existing fuel system infrastructure to the City/District’s satisfaction and is considered qualified to perform the design work. Staff called references and received positive reviews of their work on similar projects.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
CEQA General Rule Exemption: Award of an engineering professional services agreement is exempt from CEQA under 15061(b)(3) as the design services have no possibility that the activity in question may have a significant effect on the environment.

However, during the design phase, staff will work with the consultant to make a CEQA determination on the anticipated construction work.

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3 1
3 FISCAL IMPACT
The proposed fees in the amount of $289,002.25 have been negotiated and determined reasonable based on the scope of services to be provided. Additionally, a project contingency in the amount of $30,000 or approximately 10% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required. Funding in the amount of $3,077,946 has been approved in the CIP 301-700 budget with the following breakdown.

Funding Source Amount
Vehicle Replacement Fund (501) $ 327,946
CIP City (301) $1,375,000
Water Capital Investment (405) $ 687,500
Wastewater Capital Investment (455) $ 687,500
Total $3,077,946
The following table shows the use of funds for this project at this time:

Expenditure Amount
Conceptual Engineering (TAIT) $ 5,665.00
Design & Permitting (TAIT) $ 289,002.25
Design Contingency $ 30,000.00
Total $ 324,667.25
Budget Remaining $2,753,278.75
In the 2022 Technical Memorandum, the preliminary project estimate was in the ballpark of $4.25M. Based on this estimate and likely future inflation, additional funding may be required to fully fund the project. A request for additional budget will be brought to the Council/EMID Board once plans have been developed and construction costs estimates refined.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1: City Resolution
Attachment 2: EMID Resolution
Attachment 3: Agreement

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6 3
2 RESOLUTION NO. ___________

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

APPROVING A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $289,002.25 WITH TAIT ENVIRONMENTAL SERVICES, INC. FOR PROFESSIONAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH CIP 301- 700 FUEL SYSTEMS IMPROVEMENTS (2021-2022) AND FINDING AWARD OF

AGREEMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GUIDELINE SECTION 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the City’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced due to safety, regulatory compliance, and environmental concerns; and
WHEREAS, the fuel systems are essential equipment and relied upon to provide necessary services to the community; and
WHEREAS, on January 17, 2023, the City Council adopted Resolution No. 2023- 06 authorizing the Foster City Public Works Department to advertise a Request for Proposals for Engineering Design Services for replacement of fuel systems in CIP 301- 700; and
WHEREAS, based on their quality of work, demonstrated expertise and extensive knowledge and understanding of the field and the specific project, Tait Environmental Services, Inc. has the capability to prepare the construction contract documents and provide construction support services for CIP 301-700; and WHEREAS, the proposal cost of $289,002.25 has been reviewed by staff and deemed to be appropriate for the scope of the project; and WHEREAS, funding is available for this work in the CIP 301-700 budget.

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

1. The Mayor to execute an agreement with Tait Environmental Services, Inc. in an amount not to exceed $289,002.25 to perform professional engineering services for CIP 301-700 Fuel Systems Improvements (2021-2022); and

2. A project contingency of 10% in the amount of $30,000 with authority given to the City Manager or his designee, to execute contract amendments up to the contingency amount.

6.9 Attachment 1 - City Resolution

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6 3
2 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.9 Attachment 1 - City Resolution

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6 3
1 RESOLUTION NO. ___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING A PROFESSIONAL SERVICES
AGREEMENT IN AN AMOUNT NOT TO EXCEED $289,002.25 WITH TAIT ENVIRONMENTAL SERVICES, INC. FOR PROFESSIONAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH CIP 301-700 FUEL SYSTEMS IMPROVEMENTS (2021-2022) AND FINDING AWARD OF AGREEMENT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GUIDELINE SECTION 15061(B)(3)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced due to safety, regulatory compliance, and environmental concerns; and
WHEREAS, the fuel systems are essential equipment and relied upon to provide necessary services to the community; and
WHEREAS, on January 17, 2023, the Board of Directors adopted Resolution No. 3701 authorizing the staff to advertise a Request for Proposals for Engineering Design Services for replacement of fuel systems in CIP 301-700; and WHEREAS, based on their quality of work, demonstrated expertise and extensive knowledge and understanding of the field and the specific project, Tait Environmental Services, Inc. has the capability to prepare the construction contract documents and provide construction support services for CIP 301-700; and WHEREAS, the proposal cost of $289,002.25 has been reviewed by staff and deemed to be appropriate for the scope of the project; and WHEREAS, funding is available for this work in the CIP 301-700 budget.

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

1. The President to execute an agreement with Tait Environmental Services, Inc. in an amount not to exceed $289,002.25 to perform professional engineering services for CIP 301-700 Fuel Systems Improvements (2021-2022); and

2. A project contingency of 10% in the amount of $30,000 with authority given to the EMID Manager or his designee, to execute contract amendments up to the contingency amount.

6.9 Attachment 2 - EMID Resolution

121

6 3
1 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 1 st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.9 Attachment 2 - EMID Resolution

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CIP 301-700 Fuel Systems Improvements 1

PROFESSIONAL SERVICES AGREEMENT
FOR

PROFESSIONAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH CIP 301-700 FUEL SYSTEMS IMPROVEMENTS
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Tait Environmental Services, Inc. (TES) hereinafter called "CONSULTANT".

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

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY/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,

6.9 Attachment 3 - Agreement

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CIP 301-700 Fuel Systems Improvements 2
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.

3. 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 “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the Two Hundred Eighty-Nine Thousand Two Dollars and Twenty-Five Cents ($289,002.25). Invoices for amounts in excess of Two Hundred Eighty-Nine Thousand Two Dollars and Twenty-Five Cents ($289,002.25) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the CITY/DISTRICT Manager (for contracts less than $50,000) or City Council/District 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 A.

6.9 Attachment 3 - Agreement

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CIP 301-700 Fuel Systems Improvements 3
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 A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY/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.

4. Additional Services. In the event CITY/DISTRICT desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the CITY/DISTRICT Manager (for contracts less than $50,000) or where approved to do so by City Council/District Board (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY/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.

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CIP 301-700 Fuel Systems Improvements 4
CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

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

The granting of any progress payment by CITY/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. CONSULTANT is an independent contractor and does not act as CITY/DISTRICT’s agent in any capacity, whatsoever.

CONSULTANT is not entitled to any benefits that CITY/DISTRICT provides to CITY/DISTRICT employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work.

CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY/DISTRICT’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; 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,

6.9 Attachment 3 - Agreement

126

CIP 301-700 Fuel Systems Improvements 5
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. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY/DISTRICT Certificates of Insurance showing satisfactory

6.9 Attachment 3 - Agreement

127

CIP 301-700 Fuel Systems Improvements 6
proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement. CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and 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.

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:

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CITY/DISTRICT: City of Foster City/Estero Municipal Improvement District
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Laura Galli
[email protected]
CONSULTANT: TAIT Environmental Services, Inc.
701 N. Parkcenter Dr.

Santa Ana, CA 92705
Attention: Jim Streitz
[email protected]

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

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

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

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and

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

22. Liability of CITY/DISTRICT.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, 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 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. 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

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a modification of the terms of this Agreement unless this Agreement is modified as provided below.

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

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D 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: _________________________________ Jon Froomin, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock
City Attorney/District Legal Counsel

CONSULTANT
Dated:

James D. Streitz,
Chief Operations Officer
TAIT Environmental Services, Inc.

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EXHIBIT A

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

DELIVERABLES FOR

PROFESSIONAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH CIP 301-700 FUEL SYSTEMS IMPROVEMENTS

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated May 1 st, 2023, by and between Tait Environmental 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 Based upon the CITY/DISTRICT-Approved Conceptual Design Study that Tait Environmental Services completed in January 2022, prepare permit/construction packages for the following items:
•PHASE 1
▪UNLEADED TANKS - Installation of two (2) 10,000 gallon Unleaded Aboveground Storage Tanks (ASTs) and relocate northwest of the existing Unleaded Underground Storage Tanks (USTs) and fuel dispensing island. The system will be equipped with two (2) ground mounted dispensers and a canopy over the fueling area.
▪DIESEL TANKS - Installation of one (1) 10,000 gallon diesel fuel AST located northwest of the Lagoon Pump Station. The system will include new underground piping across the yard to a new day tank to serve the lagoon pump engines. It will include an upgrade of the existing diesel fuel island adjacent to the driveway, with new underground piping across the yard to a new dispenser on the existing island.

This area will include a canopy over the fueling area.
▪DIESEL EMERGENCY GENERATOR TANK - Installation of a new ~6500-gallon diesel tank for the Corporation Yard’s Emergency Generator, located west of the Administration Building.
•
▪DIESEL DAY TANK - Removal and replacement of one (1) 210 gallon day tank for diesel fuel, installed in the early 1960’s located inside the lagoon pump station building, which provides fuel to the lagoon pump engines and the Corporation Yard emergency generator which serves the administration building, Lift Station 29, the water booster pump station, and Lift Station 59. ▪

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•PHASE 2
▪UNLEADED TANKS - Removal of the existing Unleaded USTs and fuel dispensing island. This project will be performed after the new AST-based systems are fully functional.
▪
▪DIESEL TANKS - Removal of the two (2) existing 5,000-gallon diesel fuel ASTs after the new AST-based systems are fully functional.

DIESEL DAY TANK – Removal of one (1) 210 gallon day tank located inside the lagoon pump station building (if not removed in phase 1).

1.2 Prepare the construction package(s) in a way that differentiates the tank removal plans from the AST installation plans and in a way that will be acceptable to all permitting agencies.

1.3 The new systems are separated by the Foster City lagoon and, thus, will require different stormwater controls and mitigation measures.

1.4 The ASTs will be equipped with tank mounted fill boxes, new dispensers, new monitor system, associated electrical, card reader, new canopy over the fueling area, and the required civil engineering, including but not limited to stormwater mitigation measures, topographical survey, grading, AST foundation and seismic anchoring.

2. Basic Services:

The general scope of work is described below.

2.1 Task 1 – Construction Documents/Design Phase Services for Phase 1 - Unleaded (AST installation), Phase 1 - Diesel (AST installation), Emergency Generator Tank (AST installation), and Lagoon Pump Station Day tank installation •Attend Pre-Design project kick off meeting, on-site.
•Prepare site plan with installation scope of work described. New fuel system and improvements will be dimensionally located from on-site points (to be determined). •Tank cross-section detail sheet, with equipment details and list of materials. •Dispenser & piping details sheet, with equipment details and list of materials. •Misc. detail sheet as required for a complete construction document set. •Monitoring system details, including list of materials. •Electrical plans and details, including Title 24 calculations for the canopy lighting. (sub- contract– Sacramento Engineering Consultants).
oPlans to be provided to construction contractor for use in canopy engineering. •Spill Prevention, Control & Countermeasures (SPCC) Plan. (sub-contract– ESCI EnviroServices, Inc.).
oPerform site inspection/visit to assess site conditions. oPrepare Professional Engineer (PE) certified SPCC plan in accordance with relevant federal and California regulatory requirements ▪40 CFR 112.1 – 112.8
▪California Aboveground Petroleum Storage Act (APSA)
•Perform Ingress/Egress Analysis to ensure proper canopy height and turning radii for vehicles.
•Perform Civil engineering and prepare plans, including engineer stamp and signature. o Perform topographic survey of the area for the new fuel systems. oUtility Research

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oDimensional Control Plan
oAST Foundation & Anchoring
oGrading Plan
oWater Quality Control Plan
oDemo Plan
oErosion Control Plan
oStormwater Management Report
oMeetings & Coordination
oConstruction Administration (submittal review & RFI’s associated with civil work)
•Geotechnical Soils Report and Sampling for potential contamination for (3) new AST foundations and (2) 10,000 gal UST removals (sub-contracted labor – Salem Engineering Group, Inc.).
oField exploration and soil sampling, laboratory testing, engineering evaluation and report preparation. Drilling and sampling are performed in accordance with ATSM D1586 and D1587 under the direction of a Professional Engineer. oContact Underground Service Alert (USA), and provide underground utility locating to identify any utilities not marked by USA. Subsurface utilities must be located and marked before commencing field operations. oPermitting for test borings with San Mateo County and backfill in accordance with local agency requirement.
oLaboratory testing for soils strength, compressibility and corrosion potential:
▪In-situ Moisture and Density
▪Intact or Remolded Shear Strength
▪Consolidation
▪Sieve Analysis
▪Atterberg Limits
▪Expansion Index
o(4) exploratory boreholes drilled at the proposed tank pad/canopy areas ranging from 20 to 50 ft BSG (or until practical refusal of drilling equipment, whichever is encountered first).
o(2) additional test borings 15 ft BSG near existing UST’s. ▪Environmental screening for VOC’s (EPA Method 9260B), TPH-G/D/O (EPA Method 8015 M/B), and Title 22 metals (EPA Methods 6010B/7471A)
oFinal report prepared and signed by a California Licensed Professional Engineer.
•Construction cost estimates for 90% and 100% submittals •Construction specifications to be provided at time of 90% plan submittal, including review of CITY/DISTRICT front-end boilerplate language. •Table of Contents for Technical Specifications to be provided at time of 50% design submittal.
•Project Management, meetings, and coordination. Progress design meetings as required (assume 4 virtual)

2.2 Task 2 – Construction Documents/Design Phase Services for Phase 2 Unleaded (UST removal), Diesel (AST removal) and Lagoon Pump Station day tank removal. •Site plan with tank removal scope of work described.
•Civil engineering and plans, including engineer stamp and signature oTopographic survey of the tank removal areas
oUtility Research
oGrading Plan
oDemo Plan
oErosion Control Plan

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oConstruction Administration (submittal review & RFI’s associated with civil work)
•Project management, meetings & coordination. Progress design meetings as required (assume 2 phone calls or virtual meetings).
•Construction specification following plan submittals, including review of CITY/DISTRICT front-end boilerplate language.
•Construction cost estimates for 50%, 90% and 100% submittals. •Construction Document deliverables will be prepared and submitted at approximately 50%, 90%, and 100% progress, or in accordance with CITY/DISTRICT requirements.

2.3Task 3 – Relocation of Corporation Yard Facilities Services •CAD drawing for the relocation of (6) existing material storage bins. •Civil engineering and plans, including engineer stamp and signature, for stormwater upgrades as needed.
•Structural engineering of (6) new material storage bins and canopy.

2.4 Task 4 – Permitting Phase Services
•File for and obtain permits &/or approvals of the new fuel system from:
oBAAQMD (Phase I vapor recovery system only. No Phase II required, due to ORVR exemption)
oFoster City Planning Department (administrative approval only) oFoster City Building Department (electrical, AST foundation & anchorage, site work)
oSan Mateo Consolidated Fire Department (AST removal & installation)

2.5 Task 5 – Construction Phase Services
•Assist CITY/DISTRICT with evaluation of contractor bids. •Review of contractor submittals.
•Response to contractor RFI’s related to the fuel system construction. •Perform periodic site inspections at appropriate times (assumed 4) and provide progress reports.
•Prepare punch list of items requiring repair, modification, or completion at pre-final construction phase.
•Provide support as required during fuel system commissioning. •Prepare as-built record plans based on contractor red-lines. •Provide warranty inspection 11 months after Notice of Completion.

SCHEDULE
Schedule commences upon receipt of CITY/DISTRICT Notice to Proceed (days cumulative).

Complete research ...................................................................................................15 days Perform field survey work.........................................................................................45 days Prepare 50% design package ................................................................................105 days Initial CITY/DISTRICT review.................................................................................120 days Revise and prepare 90% package .........................................................................145 days CITY/DISTRICT review/ agency review .................................................................235 days Revise plans for agency review..............................................................................250 days Finalize permits ......................................................................................................280 days Issue plans for Bid/Construction.............................................................................295 days Provide project management ...........................................................thru life cycle of project

END OF EXHIBIT A

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EXHIBIT B -FEE SCHEDULE

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1. RATES

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2. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
$289,002.25

3. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:
•All plan check/permit fees to be billed at actual cost, plus 15%. All other permits and approvals to be paid by Consultant. Consultant will be responsible for obtaining and paying for all final permits.
•Payments shall be made by check made payable to Consultant.

4. TIMES OF PAYMENTS.

Consultant shall invoice monthly for work performed in the prior calendar month. The invoice shall identify the work completed per task during the invoice period and itemize the reimbursable expenses for the period.

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EXHIBIT C

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated , by and between Tait Environmental 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.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 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:

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

3.3 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.

3.8 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

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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.

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY/DISTRICT) 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.

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.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY/DISTRICT, 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/DISTRICT.

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

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
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 (“CITY/DISTRICT”) and Tait Environmental Services, Inc. (“Consultant”) dated ___________________________.

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

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

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

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal.

The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

Such time extension is non-compensable.

6.9 Attachment 3 - Agreement

145

CIP 301-700 Fuel Systems Improvements 24

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 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 Unknown COVID-19 Costs that are not included in the schedule of values.

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

8. Monitoring and Reporting. CITY/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
________________________ ______________________________ Print Name & Title Print Name & Title

6.9 Attachment 3 - Agreement

146

DATE: May 1, 2023

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 Manager

FROM: Edmund Suen, Finance Director
Mimi Lam, Financial Services Manager
DEPARTMENT: Finance
SUBJECT: PUBLIC HEARING ON MASTER FEES AND SERVICE CHARGES FOR FY 2023-24

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors hold a public hearing on the proposed changes to the Master Fees and Service Charges Schedule. After considering the staff report and public testimony, it is further recommended that the City Council/EMID Board adopt the attached resolutions approving the Master Fees and Service Charges Schedule for Fiscal Year 2023-24, effective July 1, 2023.

EXECUTIVE SUMMARY
At the April 10, 2023 Study Session, the City Council/EMID Board reviewed and provide direction for City staff to update the Master Fees and Service Charges Schedule (“Schedule”). The updated schedule (Attachment 3) has incorporated such direction and includes fees and charges adjustments from multiple departments, including the Administrative Services, Community Development, Parks and Recreation, Police, and Public Works departments. At this time, it is appropriate to hold a public hearing on these proposed changes and, subject to public testimony and other direction provided by the City Council/EMID Board, approve the Master Fees and Service Charges for Schedule for FY 2023-24 with an effective date of July 1, 2023.

7.1 7.1 Staff Report

147

BACKGROUND
The last time the City/District conducted a User Fee Study (along with a Cost Allocation Plan) was in 2017 (for use in the FY 2017-18 Master Fees and Service Charges Schedule). Since it is generally considered a best practice to do updates every 4 to 6 years, City staff recommended and the City Council/EMID Board approved funds to conduct such an update in FY 2022-23 in the preparation of the FY 2023-24 Master Fees and Service Charges (MFS) Schedule. A User Fee Study provides a defensible methodology for calculating fees for service and determining the full cost recovery potential of individually-based services. Our consultant, Willdan Financial Services has conducted the update and staff from the various City departments presented their suggested fee adjustments for cost recovery purposes and sought policy guidance from the City Council at the April 10 Study Session. Based on that direction, City Staff prepared a recommended MFS Schedule (Attachment 3) for the City Council/EMID Board’s consideration and approval at the May 1, 2023 Public Hearing.

ANALYSIS
It is recommended that the City Council/EMID Board hold a public hearing prior to approving adjustments to the fees and charges in the MFS Schedule for FY 2023-24 with an effective date of July 1, 2023 (after allowing for a minimum 60 days for development fee adjustments to take effect). In addition, the Building Division recommends using the annual California Department of General Services Building Cost Index to adjust its building fees annually. Impact fees (Affordable Housing Commercial Linkage Fees, Below Market Rate Housing In-Lieu Fees, Parks Facilities Impact Fees, Public Safety Impact Fees, Transportation Impact Fees, Water Connection Fees, and Wastewater Connection Fees) will be adjusted annually using Engineering News Record Construction Cost Index (ENR CCI) as indicated on previously completed and approved Impact Fee Nexus studies. Other fees and charges will be adjusted annually using the San Francisco Area (San Francisco-Oakland-Hayward) December 12-month CPI-U cost inflator. Staff has excluded the initially proposed sports field user fees in the MFS Schedule for FY 2023-24 pending the completion of discussions between the Parks and Recreation Department and the various sports field user groups on the amount and effective date of such fees. Lastly, a separate public hearing for increases in water and wastewater rates is planned for June 5, 2023, based on proposition 218‘s 45 day noticing requirements.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The adoption of an updated Master Fees and Service Charges Schedule provides for the cost recovery of various individually based services.

7.1 7.1 Staff Report

148

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - City of Foster City/Estero Municipal Improvement District Proposed Master Fees and Services Charges Schedule for FY 2023-24

7.1 7.1 Staff Report

149

RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AMENDING THE MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FY 2023-24

CITY OF FOSTER CITY
WHEREAS, the City Council adopted a Master Fees and Service Charges Schedule; and
WHEREAS, adjusting the Master Fees and Service Charges will provide an updated reflection on the cost recovery of providing services to the City’s customers; and WHEREAS, a Notice of Public Hearing has been published and posted and said public hearing was held on May 1, 2023; and
WHEREAS, the City Council finds that the proposed fees reflect the cost recovery of providing services.

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

1. The attached Master Fees and Services Charges Schedule (Exhibit A) shall become effective on July 1, 2023; and

2. The City Council finds that adjustments in Master Fees and Service Charges are necessary to reflect the cost recovery of providing services.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - City Resolution

150

RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AMENDING THE MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FY 2023-24

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District adopted a Master Fees and Service Charges Schedule; and
WHEREAS, adjusting the Master Fees and Service Charges will provide an updated reflection on the cost recovery of providing services to District customers; and WHEREAS, a Notice of Public Hearing has been published and posted and said public hearing was held on May 1, 2023; and
WHEREAS, the Board of Directors finds that the proposed fees reflect the cost recovery of providing services.

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

1. The attached Master Fees and Services Charges Schedule (Exhibit A) shall become effective on July 1, 2023; and

2. The Board of Directors of the Estero Municipal Improvement District finds that adjustments in Master Fees and Service Charges are necessary to reflect the cost recovery of providing services.

7.1 Attachment 2 - EMID Resolution

151

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 1 st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

7.1 Attachment 2 - EMID Resolution

152

Current
REF. NO.

Proposed
REF. NO. REVENUE TITLE FY 2022-23 Proposed FY 2023-24
Community Development
CDP-01 CDB-01 Plan Checking Fees
1st Plan Check 70% of building fee 70% of building fee
2nd Plan Check No additional cost No additional cost
3rd and following Actual Cost Actual Cost
(NEW) Express Plan Check N/A $161
CDB-01 CDB-02 Building Permit Fees (Based on valuation) A) $1 to 500 $51.15 $58.82
B) $501 to 2,000 $51.15 for the first $500,
+ $6.45 for each additional $100 or
fraction thereof, to and including $2,000
$58.82 for the first $500,
+ $7.41 for each additional $100 or
fraction thereof, to and including $2,000
C) $2,001 to 25,000 $152.55 for the first $2,000,
+ $30.75 for each additional $1,000 or
fraction thereof, to and including $25,000
$175.43 for the first $2,000,
+ $35.36 for each additional $1,000 or
fraction thereof, to and including $25,000
D) $25,001 to 50,000 $864.20 for the first $25,000,
+ $21.40 for each additional $1,000 or
fraction thereof, to and including $50,000
$993.83 for the first $25,000,
+ $24.61 for each additional $1,000 or
fraction thereof, to and including $50,000
E) $50,001 to 100,000 $1,403.60 for the first $50,000,
+ $15.20 for each additional $1,000 or
fraction thereof, to and including $100,000
$1,614.14 for the first $50,000,
+ $17.48 for each additional $1,000 or
fraction thereof, to and including $100,000
F) $100,001 to 500,000 $2,180.45 for the first $100,000, + $11.95 for each additional $1,000 or
fraction thereof, to and including $500,000
$2,507.51 for the first $100,000,
+ $13.74 for each additional $1,000 or
fraction thereof, to and including $500,000
G) $500,001 to 1,000,000 $7,064.20 for the first $500,000, + $10.30 for each additional $1,000 or
fraction thereof, to and including $1,000,000
$8,123.83 for the first $500,000,
+ $11.84 for each additional $1,000 or
fraction thereof, to and including $1,000,000
H) $1,000,000 and up $12,287.30 for the first $1,000,000, + $6.10 for each additional $1,000 or fraction thereof
$14,130.39 for the first $1,000,000,
+ $7.01 for each additional $1,000 or fraction thereof
I) Solar (Photovoltaic) Panels Exempt from Building Permit Fees. Exempt from Building Permit Fees.

J) K) Kitchen Remodel Building Permit Fee - Flat Rate $381.65 $438.89 K) L) Single Bathroom Remodel Building Permit Fee Flat Rate $305.75 $351.61 CDB-03 General Plan and Title 15 Building and Title 17 Zoning Ordinance Maintenance Fees 1) $1 to $500 No Fee No Fee
2) $501 to $25,000 See CDB-01 J-6 Remove
3) $25,001 and up See CDB-01 J-6 Remove
2) 4) Accessory Dwelling Units (New) No Fee No Fee
3) 5) Affordable Housing Projects that are 100% income restricted (New) No Fee No Fee 4) 6) $501 and up 0.50% of the application value above $500 0.50% of the application value above $500 City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2023-24

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Foster City City CouncilMay 1, 2023

Foster City City Council
May 1, 2023