Agenda packet — Foster City City Council, April 1, 2024 (part 1 of 3)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
Teleconference Location:

Vice Mayor/Vice President Stacy Jimenez
Twin Fin Waikiki Lobby
2570 Kalakaua Ave, Honolulu, HI 96815
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/82592136594 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://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
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, April 01, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 2570 KALAKAUA AVE, HONOLULU, HI 96815

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. 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.

5. 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.

5.1. City/EMID Special Meeting Minutes of February 26, 2024

5.2. City/EMID Regular Meeting Minutes of March 18, 2024

5.3. City and Planning Commission Joint Special Meeting Minutes of March 20, 2024

5.4. An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Change the Zoning Designation at Beach Park Elementary School (APN 094473030) From C1/PD Neighborhood Business/Planned Development District to PF Public Facilities District and Finding the Amendment Within the Scope of the Environmental Impact Report Prepared for the New Elementary School in Foster City Project and Certified by the San MateoFoster City School District – RZ20240002 (First Reading March 20, 2024) a) Adopt Ordinance

5.5. An Ordinance of the City of Foster City Adopting Various Text Amendments to Title 17, Zoning, of the Foster City Municipal Code Including Amendments to Chapter 17.04 Definitions, Chapter 17.32 Public Facilities District, Chapter 17.55 Replacement Units, Chapter 17.62 OffStreet Parking Regulations, Chapter 17.68 General Performance Standards, Chapter 17.78 Accessory Dwelling Units, Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing, and Chapter 17.84 Reasonable Accommodation to Implement the Housing Element 20232031 and Comply With Recent Changes in State Law and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (SCH 2022010509) – RZ2024 0001 (First Reading March 20, 2024)
a) Adopt Ordinance

5.6. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Neumeric Technologies Corporation, a California Corporation for Calopps.org Drupal Upgrade in an Amount not to Exceed $216,530
a) Staff Report
b) Adopt Resolution

5.7. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Avero LLC for the Preparation of an IT Strategic Plan in an Amount Not to Exceed $59,617
a) Staff Report
b) Adopt Resolution

5.8. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Three (3) FourYear Agreements with Utility Telecom for Internet Services at Three (3) City Facilities in an Amount Not to Exceed $225,000
a) Staff Report
b) Adopt Resolution

5.9. A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for the Edgewater Park Softball and Soccer Synthetic Resurfacing (CIP 301712) and Finding that the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Section 15061(B)(3) and 15301(c) – Existing Facilities a) Staff Report
b) Adopt Resolution

5.10. A Resolution of the City Council of the City of Foster City Approving the Rejection of All Bids Received on March 14, 2024, for the Recreation Center Rebuild Project and Approving Plans and Specifications and Authorizing the Call for Bids for the Second Time for the Lease and Installation of (3) Modular Buildings and One Restroom Trailer at or Near the Tennis Courts at Leo J Ryan Park as Part of the Recreation Center Rebuild Project (CIP 301678) (CEQA STATUS: Adopted Mitigated Negative Declaration for the Recreation Center Rebuild Project)
a) Staff Report
b) Adopt Resolution

5.11. A Resolution of the City Council of the City of Foster City Approving Budget Appropriation of $58,328 from the City CIP Fund Balance (Fund 301) to the Recreation Center Rebuild Project (CIP 301678) for Building and Fire Plan Check Services; and Contract Amendment No. 1 to the Existing Agreement with West Coast Code Consultants, Inc. in the Amount of $49,900 for Building Plan Check Services for the Recreation Center Rebuild Project (CIP 310678), and Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

5.12. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a FiveYear Agreement With Axon Enterprise, Inc. In an Amount NotToExceed $460,468.53 for the Purchase of New BodyWorn Cameras, Taser Devices, Software, Licenses and Technical Support Services
a) Staff Report
b) Adopt Resolution

6. REPORTS

6.1. Informational Report on Foster City Draft Climate Action Plan Update a) Staff Report
b) Action By Minute Order, Reveive and Accept Report and Provide Policy Direction

6.2. Report on Implementation of a Banner Program
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.3. 2024 State Legislative Update
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 5, 2024, and March 14, 2024, and ACH were processed on March 5, 2024 a) Information Item Only
b) No Action Required

8. 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.

9. CLOSED SESSION

9.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Stefan Chatwin, Marlene Subhashini, Diane Pitman, and Austris Rungis
Employee Organizations: AFSCME

9.2. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)

9.3. Report Out from Closed Session

10. 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
Teleconference Location:

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, April 01, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 2570 KALAKAUA AVE, HONOLULU, HI 96815

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. 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.

5.1. City/EMID Special Meeting Minutes of February 26, 2024

5.2. City/EMID Regular Meeting Minutes of March 18, 2024

5.3. City and Planning Commission Joint Special Meeting Minutes of March 20, 2024

6. REPORTS

6.1. Informational Report on Foster City Draft Climate Action Plan Update a) Staff Report
b) Action By Minute Order, Reveive and Accept Report and Provide Policy Direction

6.2. Report on Implementation of a Banner Program
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.3. 2024 State Legislative Update
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 5, 2024, and March 14, 2024, and ACH were processed on March 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.3. Report Out from Closed Session

10. ADJOURNMENT
The public is invited to attend.

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
Teleconference Location:

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, April 01, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 2570 KALAKAUA AVE, HONOLULU, HI 96815

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. 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.

5.1. City/EMID Special Meeting Minutes of February 26, 2024

5.2. City/EMID Regular Meeting Minutes of March 18, 2024

5.3. City and Planning Commission Joint Special Meeting Minutes of March 20, 2024

6. REPORTS

6.1. Informational Report on Foster City Draft Climate Action Plan Update a) Staff Report
b) Action By Minute Order, Reveive and Accept Report and Provide Policy Direction

6.2. Report on Implementation of a Banner Program
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.3. 2024 State Legislative Update
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 5, 2024, and March 14, 2024, and ACH were processed on March 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.3. Report Out from Closed Session

10. ADJOURNMENT
The public is invited to attend.

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
Teleconference Location:

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, April 01, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 2570 KALAKAUA AVE, HONOLULU, HI 96815

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. 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.

5.1. City/EMID Special Meeting Minutes of February 26, 2024

5.2. City/EMID Regular Meeting Minutes of March 18, 2024

5.3. City and Planning Commission Joint Special Meeting Minutes of March 20, 2024

6. REPORTS

6.1. Informational Report on Foster City Draft Climate Action Plan Update a) Staff Report
b) Action By Minute Order, Reveive and Accept Report and Provide Policy Direction

6.2. Report on Implementation of a Banner Program
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.3. 2024 State Legislative Update
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 5, 2024, and March 14, 2024, and ACH were processed on March 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.3. Report Out from Closed Session

10. ADJOURNMENT
The public is invited to attend.

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
Teleconference Location:

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, April 01, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 2570 KALAKAUA AVE, HONOLULU, HI 96815

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. 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.

5.1. City/EMID Special Meeting Minutes of February 26, 2024

5.2. City/EMID Regular Meeting Minutes of March 18, 2024

5.3. City and Planning Commission Joint Special Meeting Minutes of March 20, 2024

6. REPORTS

6.1. Informational Report on Foster City Draft Climate Action Plan Update a) Staff Report
b) Action By Minute Order, Reveive and Accept Report and Provide Policy Direction

6.2. Report on Implementation of a Banner Program
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.3. 2024 State Legislative Update
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 5, 2024, and March 14, 2024, and ACH were processed on March 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.3. Report Out from Closed Session

10. ADJOURNMENT
The public is invited to attend.

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
Teleconference Location:

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, April 01, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 2570 KALAKAUA AVE, HONOLULU, HI 96815

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. 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.

5.1. City/EMID Special Meeting Minutes of February 26, 2024

5.2. City/EMID Regular Meeting Minutes of March 18, 2024

5.3. City and Planning Commission Joint Special Meeting Minutes of March 20, 2024

6. REPORTS

6.1. Informational Report on Foster City Draft Climate Action Plan Update a) Staff Report
b) Action By Minute Order, Reveive and Accept Report and Provide Policy Direction

6.2. Report on Implementation of a Banner Program
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.3. 2024 State Legislative Update
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 5, 2024, and March 14, 2024, and ACH were processed on March 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.3. Report Out from Closed Session

10. ADJOURNMENT
The public is invited to attend.

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
Teleconference Location:

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, April 01, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 2570 KALAKAUA AVE, HONOLULU, HI 96815

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. 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.

5.1. City/EMID Special Meeting Minutes of February 26, 2024

5.2. City/EMID Regular Meeting Minutes of March 18, 2024

5.3. City and Planning Commission Joint Special Meeting Minutes of March 20, 2024

6. REPORTS

6.1. Informational Report on Foster City Draft Climate Action Plan Update a) Staff Report
b) Action By Minute Order, Reveive and Accept Report and Provide Policy Direction

6.2. Report on Implementation of a Banner Program
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.3. 2024 State Legislative Update
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 5, 2024, and March 14, 2024, and ACH were processed on March 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.3. Report Out from Closed Session

10. ADJOURNMENT
The public is invited to attend.

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
SPECIAL MEETING OF FEBRUARY 26, 2024

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 February 26, 2024, was called to order at 6:30 p.m. by Mayor/President Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Edmund Suen, Finance Director; Diane Pitman,
Administrative Services Director; Tracy Avelar, Police Chief; Andrew Brozyna, Public Works Director; Waqas Hassan, Assistant Finance Director; Rob Lasky, IT Manager; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

STUDY SESSION
Mayor/President Sullivan recessed the meeting into Study Session. 2ND QUARTER FY 2023-2024 FINANCIAL UPDATE. MINUTE ORDER NO. 1962.

Finance Director Suen presented the staff report.

Discussion ensued.

5.1 5.1 Minutes

8 Motion by Councilmember/Director Hindi seconded by Councilmember/Director Froomin, and carried unanimously, 5-0-0, to adopt Minute Order No. 1962, to receive and accept the 2nd Quarter FY 2023-2024 Financial Update.

PREPARATION OF THE FY 2024-2025 ANNUAL BUDGET AND FIVE-YEAR FINANCIAL PLAN. MINUTE ORDER NO. 1963.

Finance Director Suen and City/District Manager Chatwin presented the staff report.

Discussion ensued.

Motion by Councilmember/Director Froomin, seconded by Vice Mayor/Vice President Jimenez, and carried unanimously, 5-0-0, confirming the following assumptions and policy direction in the development of the FY 2024-2025 annual budget and financial plan:

1. Assess staffing levels as needed to meet City Council’s strategic directives with a focus on filling the Economic Development Manager position, continue to provide the same level of services to the community, and provide a detailed line-item budget for City Council review at the May 13, 2024 Budget Study Session that takes into account temporary budgetary impacts during the Recreation Center closure;

2. Present additional information on Business License Tax (BLT) potential ballot measure for the November 2024 election, explore additional revenue sources through a holistic approach and economic development strategies including concession opportunities. Explore a possible vacancy tax or rental registration to reduce the number of vacant properties/storefronts. Continue to look at options to diversify revenues including a local add-on rate to sales tax over the next couple of years;

3. Include a 3% placeholder in personnel services costs for annual wage increases as well as other provisions of current MOUs;

4. Employ a “pay as you go” funding model to proactively fund long-term capital improvement projects from existing resources and operating transfers into capital improvement reserves and assess the capital improvement project list to determine which projects should be prioritized based on critical infrastructure needs;

5. Explore options to fully fund the City’s Longevity and Public Employees’ Medical and Hospital Care Act (PEMHCA) liabilities and bring to Council additional information and analysis of establishing irrevocable trust(s); and

6. Amend the General Fund Reserve Policy to maintain a minimum General Fund reserve of 50% of annual operating expenditures, continue to maintain the $2 million reserve levels in each of the City, Water, and Wastewater CIP Funds, and maintain minimum Water and Wastewater Operating Fund reserve levels of 25% of annual operating expenses.

Meeting recessed into study session at 6:33 p.m. and reconvened at 8:33 p.m.

5.1 5.1 Minutes

9 ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 8:33 p.m.

5.1 5.1 Minutes

10 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MARCH 18, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of March 18, 2024 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 Sullivan.

This meeting was held as a hybrid meeting.

ROLL CALL
The Deputy City Clerk called the roll:

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Edmund Suen, Finance Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Diane Pitman, Administrative Services Director; Tracy Avelar, Police Chief; Cory Call, Police Captain; Nori Jabba, Housing Coordinator; Rob Lasky, IT Manager; Katherine Mendoza, Deputy City Clerk; Joronica Vinluan, Social Media and Communications Assistant; and Shuli Chen, Video Technician.

PUBLIC
Evan Adams addressed the City Council via email regarding trees and streets.

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

City/EMID Consent Calendar

5.2 5.2 Minutes

11 1. City/EMID Regular Meeting Minutes of March 4, 2024;

2. City Resolution No. 2024-14, “A Resolution of the City Council of the City of Foster City Approving Contract Amendment No. 1 to the Existing Agreement for Property Management Services with HIP Housing Affordable Ventures (HHAV), Inc. in the Amount of $122,660 to Cover Additional Cost for Major Repairs for the Exiting Unit Purchase Program Property Located at 833 and 835 Comet Drive and Find the Project Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)”; and

3. City Resolution No. 2024-15, “A Resolution of the City Council of the City of Foster City Opposing a Potential November 2024 Ballot Measure: The California Business Roundtable “Taxpayer Protection and Government Accountability Act” and Find the Action Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3).”

REPORTS
RECREATION CENTER REBUILD PROJECT (CIP 301-678) – RECREATION CENTER BOARDWALK AND WATERFRONT MASTER PLAN. MINUTE ORDER NO. 1967.

Parks and Recreation Director Schweigart introduced Marco Esposito, representing SWA Landscape, who presented the staff report.

Evan Adams addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1967, to receive and accept the report on the Recreation Center Rebuild Project (CIP 301-678) – Recreation Center Boardwalk and Waterfront Master Plan, and providing policy direction to incorporate the work in the Parks Master Plan.

ELECTRICAL CAPACITY STUDY PREPARED FOR THE PURPOSES OF POTENTIAL REACH CODES ADOPTION. MINUTE ORDER NO. 1968.

Community Development Director Mangalam, Leila Silver representing Integrated Design 360 (ID360), and Alea German, representing Frontier Energy, presented the staff report.

Dashiell Leeds, Conservation Coordinator for the Sierra Club Loma Prieta Chapter and Pablo, addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Jimenez, and carried, 4-1-0, Councilmember Froomin voted “no,” adopting Minute Order No. 1968, to receive and

5.2 5.2 Minutes

12 accept the report on the Electrical Capacity Study prepared for the purposes of potential reach codes adoption, and provide policy direction to:

1. Engage with PG&E to discuss the outcome of the Electrical Capacity study, distribution capacities and necessary resources to meet load growth;

2. Explore Zero Emission/Zero NOx Reach Codes option, its validity, and any legal challenges associated with it; and

3. Explore other Reach Code options.

RESOLUTION FOR ADOPTION

PILOT PROGRAM FOR COMMUNITY-DESIGNED UTILITY BOX ART AND APPROPRIATING $8,218.02 IN FISCAL YEAR 2023-2024 FROM THE COMMUNITY BENEFIT FUND ACCOUNT NO. 005-0110-4113-4251 TO OFFSET THE COSTS FOR

THE PILOT PROGRAM AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDLINE SECTION 15061 (B)(3). CITY RESOLUTION NO. 2024-16.

Parks and Recreation Director Schweigart and Police Captain Call presented the staff report.

Evan Adams addressed the City Council via email.

Discussion ensued.

Motion by Councilmember Froomin, and the maker amending the motion, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2024- 16, “A Resolution of the City Council of the City of Foster City Authorizing a Pilot Program for Community-Designed Utility Box Art and Appropriating $8,218.02 in Fiscal Year 2023- 2024 from the Community Benefit Fund Account No. 005-0110-4113-4251 to Offset the Costs for the Pilot Program and Find the Project Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)” and updating the artist application and selection process to remove the Communication Beautification Ad Hoc Subcommittee.

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

City/District Warrants of Demands were Processed and Issued on February 28, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

5.2 5.2 Minutes

13 REQUEST TO PLACE AN ITEM ON A FUTURE AGENDA BY MAYOR PATRICK

SULLIVAN REGARDING ESTABLISHING A NEW POLICY ON AGENDIZING AN ITEM FOR COUNCIL MEETING.

Discussion ensued.

There was consensus by the City Council to agendize establishing a new policy on agendizing for the item at a future council meeting.

Councilmember/Director Kiesel stated he attended the Planning Commission meeting on March 7. On March 14, he attended the Groundbreaking Ceremony at Gilead.

Councilmember/Director Hindi noted that March 11 was the beginning of the holy month of Ramadan for Muslims worldwide, and wished everyone a Ramadan Mubarak or “Blessed Ramadan.”
Vice Mayor/Vice President Jimenez stated she attended the Parks and Recreation Committee meeting on March 5, where they discussed pesticide use. On March 9, she was a guest panelist for YAC Attack, a conference for Youth Advisory Committees in the Bay Area. On March 13, she attended the Groundbreaking Ceremony at Gilead. On March 14, she attended the City/County Association of Governments (C/CAG) Board meeting where they approved an allocation request for Regional Measure 3 funding in the amount of $19 million dollars with the Metropolitan Transportation Commission (MTC) by the San Mateo County Transportation Authority (SMCTA) for an improvement project of the US 101/SR 92 Interchange. On March 15, she attended the 50th Anniversary Gala for the Samaritan House. She attended her first meeting with the San Mateo County Child Care Partnership Council (CCPC) on March 18.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:47 p.m.

5.2 5.2 Minutes

14 CITY OF FOSTER CITY/

FOSTER CITY PLANNING COMMISSION
SPECIAL MEETING OF MARCH 20, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL AND FOSTER CITY PLANNING COMMISSION The duly called and noticed Special Meeting of the City Council and the Planning Commission of the City of Foster City (City), sitting as said Council and Planning Commission of March 20, 2024 was called to order at 6:30 p.m. by Mayor Sullivan.

This meeting was held as a hybrid meeting.

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

PRESENT: Councilmembers Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor Patrick Sullivan.

Planning Commissioners Charlie Bronitsky, Robert Pedro, Phoebe Venkat, and Chair Ravi Jagtiani.

ABSENT: Planning Commissioner Nicolas Haddad.

STAFF PRESENT: Stefan Chatwin, City Manager; Mary Wagner, Special Legal Counsel; Marlene Subhashini, Assistant City Manager; Sofia Mangalam, Community Development Director; Edmund Suen,
Finance Director; Andrew Brozyna, Public Works Director; Diane Pitman, Administrative Services Director; Rob Lasky, IT Manager; Leslie Carmichael; Monica Ly, Planning Manager; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

PUBLIC HEARINGS

ADOPTION OF GENERAL PLAN AMENDMENTS INCLUDING REVISIONS TO THE HOUSING ELEMENT (GP20240001) AND CHANGING THE LAND USE PLAN

DESIGNATION FOR BEACH PARK ELEMENTARY SCHOOL FROM NEIGHBORHOOD COMMERCIAL TO SCHOOL (GP20240002), ZONING MAP AMENDMENT TO

CHANGE THE ZONING DESIGNATION FOR BEACH PARK ELEMENTARY SCHOOL

FROM NEIGHBORHOOD BUSINESS/PLANNED DEVELOPMENT DISTRICT TO PUBLIC FACILITIES DISTRICT (RZ20240002), AND ZONING TEXT AMENDMENTS TO TITLE 17 ZONING (RZ20240001) AND FINDING THE AMENDMENTS WITHIN THE

SCOPES OF THE ENVIRONMENTAL IMPACT REPORTS (EIRS) PREPARED FOR

5.3 5.3 Minutes

15 THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE AND THE NEW ELEMENTARY SCHOOL IN FOSTER CITY. PLANNING COMMISSION RESOLUTION NO. P-2-24. PLANNING COMMISSION RESOLUTION NO. P-3-24. PLANNING COMMISSION RESOLUTION NO. P-4-24. CITY RESOLUTION NO. 2024-17.

Community Development Director Mangalam and Planning Consultant Carmicheal presented the staff report.

Mayor Sullivan opened a public hearing to hear and consider comments regarding the Adoption of General Plan Amendments Including Revisions to the Housing Element (GP20240001) and Changing the Land Use Plan Designation for Beach Park Elementary School from Neighborhood Commercial to School (GP20240002), Zoning Map Amendment to Change the Zoning Designation for Beach Park Elementary School from Neighborhood Business/Planned Development District to Public Facilities District (RZ20240002), and Zoning Text Amendments to Title 17 Zoning (RZ20240001) and Finding the Amendments Within the Scopes of the Environmental Impact Reports (EIRs) Prepared for the Foster City Housing and Safety Elements Update and the New Elementary School in Foster City.

An anonymous resident addressed the City Council and Planning Commission via email.

Without objection from the City Council and Planning Commission, Mayor Sullivan closed the public hearing.

Discussion ensued.

Motion by Planning Commission Chair Jagtiani, seconded by Commissioner Venkat, and carried, 4-0-0, Commissioner Haddad absent, to adopt Planning Commission Resolution No. P-2-24, “A Resolution of the Planning Commission of the City of Foster City Recommending Adopting a General Plan Amendment Consisting of Minor Revisions to the 2023-2031 Housing Element of the General Plan Including Policies and Programs to Affirmatively Further Fair Housing as Conditionally Approved by California Department of Housing and Community Development, and Related Amendment to the Land Use Map and Finding the Amendments Within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Elements Update or Within the Scope of the EIR Prepared for the New Foster City Elementary School – GP2024-0001 and GP2024-0002.”
Motion by Commissioner Bronitsky, seconded by Commissioner Venkat, and carried 4-0- 0, Commissioner Haddad absent, to adopt Planning Commission Resolution No. P-3-24, “A Resolution of the Planning Commission of the City of Foster City Recommending City Council Adoption of an Ordinance of the City of Foster City Amending the Foster City Zoning Map to Change the Zoning Designation at Beach Park Elementary School (APN 094-473-030) From C-1/PD Neighborhood Business/Planned Development District to PF Public Facilities District and Finding the Amendment Within the Scope of the

5.3 5.3 Minutes

16 Environmental Impact Report Prepared for the New Elementary School in Foster City Project and Certified by the San Mateo-Foster City School District – RZ2024-0002.” Motion by Commissioner Venkat, seconded by Commissioner Pedro, and carried 4-0-0, Commissioner Haddad absent, to adopt Planning Commission Resolution No. P-4-24, “A Resolution of the Planning Commission of the City of Foster City Recommending City Council Adoption of Various Text Amendments to Title 17, Zoning, of the Foster City Municipal Code Including Amendments to Chapter 17.04 Definitions, Chapter 17.32 Public Facilities District, Chapter 17.55 Replacement Units, Chapter 17.62 Off-Street Parking Regulations, Chapter 17.68 General Performance Standards, Chapter 17.78 Accessory Dwelling Units, Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing, and Chapter 17.84 Reasonable Accommodation to Implement the Housing Element 2023-2031 and Comply With Recent Changes in State Law and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (SCH 2022010509) – RZ2024- 0001.” Motion by Councilmember Hindi, and seconded by Councilmember Froomin, and carried unanimously, 5-0-0, to adopt City Resolution No. 2024-17, “A Resolution of the City Council of the City of Foster City Adopting a General Plan Amendment Consisting of Minor Revisions to the 2023-2031 Housing Element of the General Plan Including Policies and Programs to Affirmatively Further Fair Housing as Conditionally Approved by California Department of Housing and Community Development, and Related Amendment to the Land Use Map and Finding the Amendments Within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Elements Update – GP2024-0001 and GP2024-0002.”
Motion by Councilmember Hindi, and seconded by Councilmember Froomin, and carried unanimously, by roll call vote, 5-0-0, to introduce by title only and waive further reading, and pass to second reading, “An Ordinance of the City Council of Foster City Amending the Foster City Zoning Map to Change the Zoning Designation at Beach Park Elementary School (APN 094-473-030) From C-1/PD Neighborhood Business/Planned Development District to PF Public Facilities District and Finding the Amendment Within the Scope of the Environmental Impact Report Prepared for the New Elementary School in Foster City Project and Certified by the San Mateo-Foster City School District – RZ2024-0002.” Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously, by roll call vote, 5-0-0, to introduce by title only and waive further reading, and pass to second reading, “An Ordinance of the City Council of Foster City Adopting Various Text Amendments to Title 17, Zoning, of the Foster City Municipal Code Including Amendments to Chapter 17.04 Definitions, Chapter 17.32 Public Facilities District, Chapter 17.55 Replacement Units, Chapter 17.62 Off-street Parking Regulations, Chapter 17.68 General Performance Standards, Chapter 17.78 Accessory Dwelling Units, Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing, and Chapter 17.84 Reasonable Accommodation to Implement the Housing Element 2023-2031 and Comply With Recent Changes in State Law and Finding

5.3 5.3 Minutes

17 the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (SCH 2022010509) – RZ2024-0001.”

ADJOURNMENT
Hearing no objection from the City Council and Planning Commission, Mayor Sullivan adjourned the meeting. Meeting adjourned at 7:12 p.m.

5.3 5.3 Minutes

18 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING THE FOSTER CITY

ZONING MAP TO CHANGE THE ZONING DESIGNATION AT BEACH PARK ELEMENTARY SCHOOL (APN 094-473-030) FROM C-1/PD NEIGHBORHOOD

BUSINESS/PLANNED DEVELOPMENT DISTRICT TO PF PUBLIC FACILITIES

DISTRICT AND FINDING THE AMENDMENT WITHIN THE SCOPE OF THE

ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE NEW ELEMENTARY

SCHOOL IN FOSTER CITY PROJECT AND CERTIFIED BY THE SAN MATEO- FOSTER CITY SCHOOL DISTRICT – RZ2024-0002

CITY OF FOSTER CITY
WHEREAS, there is a shortage of affordable housing in the City of Foster City (City) as documented in the Regional Housing Needs Assessment (RHNA) 6 Housing Element for 2023-2031 Planning Period; and
WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, the Foster City Housing Element for the 2023-2031 Planning Period includes Programs H-D-5-a and H-D-4-j to facilitate the provision of housing at school sites; and
WHEREAS, the City will implement Programs H-D-5-a and H-D-4-j through the use of the PF Public Facilities zoning district; and
WHEREAS, the site of the Beach Park Elementary School is currently zoned C- 1/PD Neighborhood Business/Planned Development that was appropriate for the former use of the site as Charter Square Shopping Center; and
WHEREAS, on March 20, 2024, the City Council adopted a Resolution amending the Land Use Map to change the designation for Beach Park Elementary School (APN 094-473-030) from Neighborhood Commercial to School; and WHEREAS, the City wishes to have zoning consistent with the General Plan and appropriate for the school use of the site; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed to the property owner of the subject site and property owners within 300 feet radius of the subject site, for consideration at the Joint Planning Commission and City Council meeting of March 20, 2024, including as required by Government Code Sections 65856 and

5.4 5.4 Ordinance

19 1
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2 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on March 6, 2024 in the Foster City Islander, in an advertisement full page size; and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, by adoption of Resolution No. 7/17-18 on January 11, 2018, the Board of Trustees of the San Mateo-Foster City School District certified the New Elementary School in Foster City Project Environmental Impact Report (SCH #2017032039) and adopted California Environmental Quality Act (CEQA) findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and
WHEREAS, the Planning Commission of the City of Foster City carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend the Foster City Zoning Map including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the Record) and adopted Resolution P-3-24 recommending approval of the amendment to the Zoning Map; and WHEREAS, the City Council of the City of Foster City carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend the Foster City Zoning Map any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the Record); now, therefore, be it resolved that:

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council does hereby find and determine based upon the aforementioned Record as follows:
a) The Public Hearing was properly noticed and conducted in accordance with State law and the Foster City Municipal Code; and
b) The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and

5.4 5.4 Ordinance

20 1
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2 c) The proposed amendment to the Foster City Zoning Map is consistent with the General Plan, specifically the 2023-2031 Housing Element including Housing Programs H-D-4-j ADUs and JADUs in Religious and Institutional Uses and School Sites and H-D-5-a School Sites, which specifically call for facilitation of housing at school sites;
d) The proposed amendment to the Foster City Zoning Map to change the zoning designation to PF Public Facilities is consistent with the General Plan Land Use designation of the site as “School”; and
e) The change to the Zoning Map is within the scope of the Environmental Impact Report prepared for the New Elementary School in Foster City certified by the San Mateo-Foster City School District on January 11, 2018 by adoption of Resolution No. 7/17-18 (SCH 2017032039).

Section 3. That the City of Foster City Zoning Map is hereby amended as set forth in the attached Exhibit A as listed below, attached hereto and incorporated herein:

Beach Park Elementary School, 1058 Shell Boulevard (APN: 094-473-030) from C-1/PD Neighborhood Business/Planned Development District to PF Public Facilities District.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

Section 5. Taking Effect. This ordinance shall take effect thirty (30) days following its final passage.

Section 6. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

5.4 5.4 Ordinance

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2 This ordinance was introduced and read on the 20th day of March, 2024, and passed and adopted on the 1st day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.4 5.4 Ordinance

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2 EXHIBIT A
The City of Foster City Zoning Map is hereby amended to reclassify the 6-acre lands at 1058 Shell Boulevard (APN: 094-473-030) at Beach Park Elementary School to change the Zoning Map Designation from C-1/PD Neighborhood Business/Planned Development District to PF Public Facilities District as indicated below.

Public Facilities

5.4 5.4 Ordinance

23 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF FOSTER CITY ADOPTING VARIOUS TEXT AMENDMENTS TO TITLE 17, ZONING, OF THE FOSTER CITY MUNICIPAL CODE INCLUDING AMENDMENTS TO CHAPTER 17.04 DEFINITIONS, CHAPTER 17.32 PUBLIC FACILITIES DISTRICT, CHAPTER 17.55 REPLACEMENT UNITS, CHAPTER 17.62 OFF-STREET PARKING REGULATIONS, CHAPTER 17.68 GENERAL PERFORMANCE STANDARDS, CHAPTER 17.78 ACCESSORY
DWELLING UNITS, CHAPTER 17.82 EMERGENCY SHELTERS, LOW BARRIER NAVIGATION CENTERS, AND SUPPORTIVE HOUSING, AND CHAPTER 17.84

REASONABLE ACCOMMODATION TO IMPLEMENT THE HOUSING ELEMENT 2023-2031 AND COMPLY WITH RECENT CHANGES IN STATE LAW AND FINDING

THE AMENDMENTS WITHIN THE SCOPE OF THE EIR PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE (SCH 2022010509) – RZ2024- 0001

CITY OF FOSTER CITY
WHEREAS, there is a shortage of affordable housing in the City of Foster City (City) as documented in the Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, the zoning amendments adopted by this Ordinance will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and
WHEREAS, the staff report dated March 20, 2024, incorporated herein by reference, explains the relevant requirements of State law and the Housing Element programs that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law and to implement the Housing Element; and
WHEREAS, provision of housing at a variety of income levels will reduce Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; and WHEREAS, provision of housing at a variety of income levels will support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and

5.5 5.5 Ordinance

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4 WHEREAS, provision of housing at a variety of income levels will affirmatively further the policies and purposes of the Fair Housing Act, also known as Affirmatively Furthering Fair Housing by reducing segregation and concentration of poverty; and WHEREAS, the City, as lead agency under the California Environmental Quality Act (CEQA), certified the Foster City Housing and Safety Elements Update Environmental Impact Report (EIR) (State Clearinghouse #2022010509); and WHEREAS, the proposed zoning text amendments are necessary to implement the Housing Element Update 2023-2031; and
WHEREAS, the Planning Commission considered the proposed zoning text amendments to Title 17, Zoning, at a noticed Planning Commission public hearing on March 20, 2024 and adopted Resolution No. P-4-24 and thereby recommended that the Council adopt an ordinance adopting the proposed amendments to Title 17; and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Joint Planning Commission and City Council meeting of March 20, 2024, including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on March 6, 2024 in the Foster City Islander, and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the City Council of the City of Foster City carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17 of the Foster City Municipal Code, any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the Record).

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

5.5 5.5 Ordinance

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4 provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and c) The proposed amendments to Title 17, Zoning, of the Foster City Municipal Code are consistent with the General Plan, specifically the 2023-2031 Housing Element including Housing Programs H-F-1-I Community Care Facilities, H-D-4-j ADUs and JAUDs in Religious and Institutional Uses and School Sites, H-D-5-a School Sites, H-C-2-d Replacement Units, H-D-6-c Amend Parking Requirements, H-D-4-a ADUs, H-F-2-d Emergency Shelter Zoning, and H-F-1-d Reasonable Accommodation.

Section 3. The City Council does hereby amend Title 17, Zoning of the Foster City Municipal Code as presented in the attached Exhibits A through H, as listed below and attached hereto and incorporated herein:
•Exhibit A: Chapter 17.04 Definitions
•Exhibit B: Section 17.32.020 of Chapter 17.32 Public Facilities District •Exhibit C: Section 17.55.020 of Chapter 17.55 Replacement Units •Exhibit D: Section 17.62.060 of Chapter 17.62 Off-Street Parking Requirements
•Exhibit E: Section 17.68.120 of Chapter 17.68 General Performance Standards
•Exhibit F: Section 17.78.10 of Chapter 17.78 Accessory Dwelling Units •Exhibit G: Section 17.82.040 of Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing
•Exhibit H: Chapter 17.84 Reasonable Accommodation
Section 4. CEQA. The amendments to Title 17, Zoning of the Foster City Municipal Code have been analyzed in the certified Final EIR for the 2023-2031 Housing Element & Safety Element Updates (SCH # 2022010509) and that there are no new significant impacts or other triggers that would require additional CEQA review. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The amendments to the Municipal Code do not create any additional environmental impacts.
(b) No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The EIR was certified on May 22, 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project.

5.5 5.5 Ordinance

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4 (c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, has been submitted to the City.

Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have passed this article, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

Section 6. Taking Effect. This ordinance shall take effect thirty (30) days following its final passage.

Section 7. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This ordinance was introduced and read on the 20th day of March, 2024, and passed and adopted on the 1st day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.5 5.5 Ordinance

27 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

EXHIBIT A
CHAPTER 17.04

DEFINITIONS
Add or amend the following Definitions in Chapter 17.04 to read as follows:
“Emergency Shelter.
“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter, established and operated in conformance with Chapter 17.82, because of an inability to pay.” “Residential care facility.
“Residential care facility” means a facility located within a home for the elderly, foster home, alcohol and/or drug recovery, for the disabled, persons needing intermediate care facility or similar facility as determined by the community development director for twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residential care facilities are permitted uses within a residential district and therefore do not require permitting by the city. Residential care facilities must meet the following standards:

A. The residential care facility must be in compliance with all other applicable federal, state and city laws, ordinances or regulations including Section 17.58.020 of this code.

B. No exterior signage, of any kind and no signage which is visible from adjacent properties public rights-of-way shall be displayed.

C. The residential care facility is limited to six or fewer occupants, in addition to the caregiver’s family.

D. The facility shall be located so that it is a minimum of three hundred feet from another residential care facility. “
“Religious institution.
"Religious institution" means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110), or as a corporation sole pursuant to Part 6 (commencing with Section 10000), of Division 2 of Title 1 of the Corporations Code.” “School.

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28 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT “School” means a facility for primary or secondary education, including public school, charter school, and private and parochial school having curricula comparable to that required in the public schools of the State of California.”

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29 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

EXHIBIT B
CHAPTER 17.32

PUBLIC FACILITIES DISTRICT
Section 17.32.020 of Chapter 17.32 is hereby amended to read as follows, all other provisions of Chapter 17.32 remain unchanged:
“17.32.020 Permitted uses.

The following uses shall be permitted in the P-F districts:

A. Buildings and facilities owned, leased or operated (whether in a governmental or proprietary capacity) by the city, the county, the state, or the federal government, any public school district or any other public district within the city.

B. Emergency shelters and low-barrier navigation centers for the homeless pursuant to Chapter 17.82.

C. Housing developments in conformance with Government Code Section 65913.16.

D. On properties owned or occupied by a religious institution or school use, up to four (4) accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) per lot.”

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30 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

EXHIBIT C
CHAPTER 17.55

REPLACEMENT UNITS
Section 17.55.020 of Chapter 17.55 is hereby amended to read as follows, all other provisions of Chapter 17.55 remain unchanged:
“17.55.020 Requirements for replacement units.

A. Development projects within the city shall not result in a net housing loss. If the community development director determines that a development project would result in a net housing loss, the developer shall replace residential units to be removed, whether the units to be removed are occupied or not. Residential units shall be replaced on a one-for-one basis and shall be applied for and built concurrently with the development project. Replacement units shall be located within the same neighborhood as the units removed but need not be located on the same site as previously existed.

B. Development projects shall meet the following standards, subject to the approval of the community development director:

1. Applicability.
a. Current or Past Residential Use. Replacement requirements shall be applicable for sites that currently have residential uses, or within the past five years (based on the date the application for development was submitted) have had residential uses that have been vacated or demolished, and:
i. Were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low- income; or
ii. Subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or
iii. Occupied by low- or very low-income households.
b. A housing development project shall not be approved if it will require the demolition of residential dwelling units, regardless of whether the parcel was listed in the inventory, unless:
i. The project will create at least as many residential dwelling units as will be demolished; and
ii. Certain affordability criteria are met, as further described by California Government Code Section 66300(d).

2. Vacation of Unit. Each tenant shall have the right to remain no fewer than sixty days from the date of city approval of a development project application. The community development director may grant an extension to this right to remain for a period of time not to exceed an additional thirty days.

3. No Increase in Rent. A tenant’s rent shall not be increased during the period provided in subsection (B)(2) of this section.

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31 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

4. Affordability of Units. The development project shall include dwelling units affordable to very low- or low-income households, at rents or sales prices that meet the city’s affordable housing standards. The number of dwellings to be rented or sold at affordable levels shall equal the maximum number of affordable dwellings that existed within the twenty-four-month period immediately prior to the application for the conversion permit, and according to the affordability guidelines described in California Government Code Sections 65583.2(g)(3) and 65915(c)(3)(B) for replacement units.

When a project is approved, for each unit merged, demolished or eliminated, the developer shall be required to provide an affordable designated unit in the new project to a qualifying household in perpetuity. The developer shall enter a regulatory agreement with the city to provide for the provision of any such units, and the regulatory agreement shall be recorded with the San Mateo County Recorder’s Office.

5. Tenant Relocation Assistance. For very low- or low-income residents displaced by the development project, the developer shall provide relocation assistance, subject to the approval of the director. Such assistance shall at a minimum be consistent with Government Code Section 66300.5 and 66300.6 and may include, but is not limited to, giving tenants the first right of refusal to purchase or rent affordable replacement units, reimbursement of moving costs, and/or providing rental assistance.

6. No permit to demolish a residential building in any zoning district shall be issued until a building permit for the replacement structure is approved, consistent with Government Code Section 66300.5 and 66300.6 and the time for filing an appeal or court action has lapsed with no appeal or court action filed, unless the building is determined to pose a serious and imminent hazard as defined in the building code. In the event an appeal or court action is filed, a permit to demolish a residential building shall not be issued unless the appeal is resolved in favor of the demolition, or the court action upholds the demolition.”

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32 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

EXHIBIT D
CHAPTER 17.62

OFF-STREET PARKING REQUIREMENTS
Section 17.62.060 of Chapter 17.62 is hereby amended to read as follows, all other provisions of Chapter 17.62 remain unchanged:
“17.62.060 Off-street parking requirements.

The following subsections list the required amount of off-street parking for each category of uses, special requirements, and optional requirements.

A. Residential.

1. Single-family dwellings (conventional), detached: two parking stalls per unit, at least two of which must be within a garage or carport;

2. Secondary residential units (“granny flats”): One off-street parking stall which may be uncovered or a part of the existing driveway serving the main residence;

3. Multifamily, cluster developments (condominium, townhouse), semidetached single- family (zero lot-line, patio homes, duplexes):
a. Studio/bachelor Units. One off-street parking stall per unit, which shall be in a garage or carport,
b. One-bedroom Units. One and one-half off-street parking stalls per unit, of which one stall shall be in a garage or carport,
c. Two-bedroom Units. Two, and not more than two, off-street parking stalls per unit, of which two parking stalls shall be in a garage or carport, d. Three or More Bedroom Units. Two, and not more than two, off-street parking stalls per unit, of which two parking stalls shall be in a garage or carport, e. Resident Parking. All off-street resident parking shall be located within two hundred feet of an entrance to the unit(s) it is designed to serve, f. Guest/visitor Parking (Projects With Twenty-Five or more Dwelling Units). In addition to the required number of covered off-street parking stalls for each unit, .25 off-street uncovered parking stalls shall be provided for each unit for visitor parking. g. Guest/visitor Parking (Projects With Less Than Twenty-five Dwelling Units). In addition to the required number of covered off-street parking stalls for each unit, .3 off-street uncovered parking stalls shall be provided for each unit for visitor parking, h. All guest parking spaces should be well-distributed throughout a project and be clearly marked by signing and pavement markings. Directional signs to guest parking should be posted starting at each driveway entrance to a complex. Signing should also be used at each guest parking area indicating the addresses of the closest buildings served by that area;

4. For developments containing five or more units, up to thirty percent of the required uncovered parking stalls may be compact car size;

5. Senior Citizens Rental Housing.
a. A housing development designed and maintained as rental housing for senior citizens (persons aged sixty years or older) will be permitted a reduction in the required number of resident off-street parking stalls down to a ratio of .5 off-street parking stalls per bedroom.
b. Guest parking shall be provided at a ratio of .5 off-street parking stalls per unit.

B. Commercial/Nonresidential Uses. The following requirements will generally apply for all commercial/nonresidential uses in the city:

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33 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

1. a. Commercial and Service Uses. One off-street parking stall for each two hundred fifty square feet of gross floor area for all buildings and/or uses in the center; b. General Office Uses. One off-street parking stall for each two hundred fifty square feet of gross floor area.

Whenever delineation of specific uses is required, the following standards shall apply:
c. Automobile Washing and Cleaning Establishments, Except Self-Service. Two and one-half parking stalls per washing bay;
d. Self-service Automobile Washer. Two parking stalls for each washing stall; e. Automobile Service and Gas Station. Three parking stalls plus two parking stalls for each service bay;
f. Barbershops or Beauty Parlors. One and one-half parking stalls for each barber chair or beautician station and one parking stall per employee; g. Buildings Used Solely for Coin-operated Laundromats or Dry Cleaning Establishments. One parking stall for each three washing machines, or three plus one parking stalls for each five hundred square feet over one thousand square feet of gross floor area;
h. Commercial Banks, Savings and Loan Offices, and Other Financial Institutions.

One parking stall for each three hundred thirty square feet of gross floor area; i. Contractor’s Storage Yards in Connection With Contractor’s Business; Junkyard, Automobile Wrecking Yard; Storage Yard. Six parking stalls separated from the enclosed storage area;
j. Lumber and General Building Materials Yards. One parking stall for each three hundred square feet of gross floor area for retail sales, plus one parking stall for each one thousand square feet of open area devoted to display (partially covered, by roof, awning, etc.) or sales;
k. Mortuaries and Funeral Homes. One parking stall for every forty-five square feet or fraction thereof of assembly room or gross floor area, plus one parking stall for each vehicle used in the operation of the funeral home or mortuary; l. Motels and Hotels. One parking stall for each guest unit and two parking stalls for resident manager or owner;
m. Motor Vehicle Sales and Automotive Repair, Painting, Body Work or Service.

Minimum of five parking stalls, plus one parking stall per four hundred square feet of gross floor area;
n. Stores Solely for the Sale of Furniture and Appliances. One parking stall for each five hundred square feet of gross floor area;
o. General Retail Stores, Food Stores, Supermarkets, Drugstores. One parking stall for each two hundred fifty square feet of gross floor area.

2. Commercial Recreation Uses.
a. Bowling Establishments and/or Billiard Halls. Five parking stalls for each lane and/or two parking stalls for each billiard table and one parking stall for each two hundred fifty square feet of gross floor area containing amusement games or devices, plus one locking bicycle facility per two amusement games or devices. All bicycle facilities shall be located clear of public walkways and convenient to the main entrance of the use;
b. Driving Ranges (Golf). One parking stall per tee, plus the parking stalls required for additional uses on the site, and one parking stall per employee; c. “Pitch and Putt” and Miniature Golf Courses. Three parking stalls per hole, plus the parking stalls required for accessory uses, and one parking stall per employee;

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34 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT d. Skating Rinks, Ice or Roller. One parking stall for each one hundred square feet of gross floor area, plus the parking stalls required for additional uses on the site, and one parking stall per employee;
e. Swimming Pool (Commercial). One parking stall for each one hundred square feet of water surface, plus one parking stall for each employee, but not less than ten parking stalls for any such use;
f. Tennis, Handball and Racquetball Facilities. Three parking stalls for each court, plus the parking stalls required for additional uses on the site, and one parking stall per employee;
g. Amusement Arcades. One parking stall for each two hundred fifty square feet of gross floor area, plus one locking bicycle facility per two amusement games or devices, with a minimum of ten locking bicycle facilities. All bicycle facilities shall be located clear of public walkways and within fifty feet of the main entrance.

3. Educational Uses.
a. Elementary and Junior High Schools. One parking stall for each employee (excluding auditoriums and stadiums which must be parked according to subsection B6c of this section);
b. Senior High Schools. One parking stall for each member of the faculty and each employee, plus one parking stall for each six students regularly enrolled (excluding auditoriums and stadiums which must be parked according to subsection B6c of this section);
c. Colleges, Universities and Institutions of Higher Learning, Parochial and Private.

One parking stall for each three students, plus one parking stall for each two members of the faculty and employees (excluding auditoriums and stadiums which must be parked according to subsection B6c of this section); d. Trade Schools, Business Colleges and Commercial Schools. One parking stall for each two student seating or study areas in each classroom, plus one parking stall for each faculty member or employee (excluding auditoriums and stadiums which must be additionally parked according to subsection B6c of this section).

4. Health Uses.
a. Dental Clinics or Offices; Medical Clinics or Offices, Veterinary Hospitals and Clinics. One parking stall for every two hundred square feet of gross floor area, plus one parking stall per employee;
b. Hospitals. One parking stall for each two patient beds. c. Health Studios and Spas. One parking stall for each two hundred thirty square feet of gross floor area and one parking stall per employee. (For the purpose of this subsection, swimming pool area shall be counted as floor area).

5. Industrial, Wholesale, Manufacturing and Like Uses.
a. Heavy manufacturing and processing factories or plants. One parking stall for each employee on the largest shift or one parking stall for each five hundred square feet of gross floor area, whichever is greater;
b. Light Manufacturing, Warehouse, Wholesale and Assembly Plants. One parking stall for each employee on the largest shift, or one parking stall for each five hundred square feet of gross floor area, whichever is greater;
c. Research and Development Facilities. One parking stall for each three hundred square feet of gross floor area;
d. Unspecified Use Buildings. One parking stall for each three hundred square feet of gross floor area;
e. Public Utility Facilities, Including, But Not Limited to Electric, Gas, Water, Telephone and Telegraph Facilities Not Having Business Offices on the Premises.

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35 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT One parking stall for each employee on the largest shift, plus one parking stall for each vehicle used in connection with the use. A minimum of ten parking stalls shall be provided for each such use, regardless of building space or number of employees.
f. Biopharmaceutical campus developments consisting of office buildings, research and development buildings, laboratory buildings/facilities, and supporting ancillary facilities that are developed and continue to meet the below criteria may be allowed to use a reduced parking ratio for laboratory buildings. The actual parking ratio to be used for laboratory buildings, including ancillary office space and related support space within laboratory buildings used by laboratory scientists and staff, throughout the campus shall be established by the city at the time the general development plan (or an amendment to the general development plan) for the biopharmaceutical campus is approved by the city council. All of the laboratory buildings within the campus shall be subject to the requirements of subsection (D)(1) of this section, with the exception of subsection (D)(1)(c) of this section. The following criteria apply:
i. The entire land area encompassing the biopharmaceutical campus shall be owned or leased and occupied by one biopharmaceutical company, unless the city, in its sole discretion and based on the factors set forth in subsection (B)(5)(f)(vi) of this section, approves the lease or sale of a portion of the biopharmaceutical campus to another entity or entities. ii. The biopharmaceutical campus shall consist of a minimum of thirty acres, contiguous or across the street.
iii. The biopharmaceutical campus shall contain sufficient land area so that at build-out it can support all required parking in either at-grade parking lots or within parking structures.
iv. Once approved by the city as a part of the initial use permit, the use(s) housed within buildings in the biopharmaceutical campus shall not be changed without the prior review, evaluation of parking available to serve the changed use(s), and approval by the city.
v. If the city allows a parking ratio for laboratory buildings within a biopharmaceutical campus that is less stringent than would be required for the same type of buildings not located within the subject biopharmaceutical campus, such parking ratio shall be recorded with the San Mateo County recorder’s office along with the general development plan approved by the city. The recorded document shall make clear that the reduced parking ratio applies to laboratory buildings in the subject biopharmaceutical campus only and that if removed from the bio-pharmaceutical campus or if title is transferred to another entity, at the discretion of the city, the laboratory buildings may be subject to the parking requirements then in effect for similar buildings in the city that are not located within the subject biopharmaceutical campus. The documents shall be recorded with the San Mateo County recorder’s office such that this information shall be easily detected and routinely included in a standard preliminary title report. vi. No proposed sale or lease of any portion of the biopharmaceutical campus shall close escrow or otherwise be finalized without the prior review and approval of the city, which shall limit its review and approval to the impact of the proposed sale or lease on the ability of the existing and new occupants to meet their off-street parking requirements, both individually and in the aggregate. Any purchase and sale agreement or lease with respect to any portion of the biopharmaceutical campus shall be conditioned upon such city approval; shall specifically identify all land use approvals for the biopharmaceutical campus,

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36 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT including, without limitation, any environmental impact report, mitigation monitoring plan, general development plan, specific development plan or other approval applicable to the biopharmaceutical campus; and shall include an express obligation on the part of the transferee or lessee to abide by all conditions and requirements set forth in such existing land use approvals, including, without limitation, the conditions set forth in any environmental impact report, mitigation monitoring plan, general development plan, specific development plan or other approval applicable to the biopharmaceutical campus.

6. Places of Assembly.
a. Restaurants, Taverns, Lounges and Other Establishments for the Sale and Consumption on the Premises of Food and Beverages. One parking stall for every forty square feet of public accommodation area, plus one stall per two hundred fifty square feet of remaining area, or one stall per employee, whichever is greater; b. Fast-food Restaurants (With or Without Drive-through). One parking stall for each seventy-five square feet of gross floor area, with a minimum requirement of ten parking stalls, plus a minimum requirement of ten locking bicycle facilities. All bicycle facilities shall be located clear of public walkways and convenient to the main entrance of the use;
c. Auditoriums, Sports Arenas, Stadiums. One parking stall for each three seats, or one parking stall for each thirty-five square feet of gross floor area where there are no fixed seats;
d. Theaters, Movies.
i. Single Screen. One parking stall per three seats, plus one parking stall per employee,
ii. Multi-screen. One parking stall per three seats, plus one parking stall per employee;
e. Libraries. One parking stall for each four hundred square feet of gross floor area; f. Private Clubs, Residential Recreation Buildings, Lodge Halls, Union Headquarters (No Sleeping Facilities). One parking stall for each seventy-five square feet of gross floor area, or one parking stall for each five fixed seats, whichever is greater; g. Churches and Other Places of Assembly Not Specified Above. One parking stall for each four fixed seats within the main auditorium, or one parking stall for each thirty-five square feet of seating area within the main auditorium where there are no fixed seats; eighteen linear inches of bench shall be considered a fixed seat.

7. Other Uses.
a. Day Nurseries, Including Preschools and Nursery Schools. One parking stall for each staff member, plus one parking stall for each five children.

8. Unlisted Uses. For uses not specifically listed the public works and community development department shall recommend off-street parking requirements subject to planning commission review and approval.

C. Special Requirements. The following parking requirements are applicable to all uses.

Special parking stalls (handicapped, motorcycle, bicycle) shall be closest to the facility for which they are designated in order to encourage their use.

1. Handicapped. The required number of parking spaces for the physically handicapped shall be as set forth in Part 2, Title 24 of the California Administrative Code and Division 11, Chapter 9 of the California State Vehicle Code.

2. Motorcycle. Parking facilities with twenty-five or more parking stalls shall provide at least one parking stall as a designated parking area for use by motorcycles. Parking facilities with over one hundred parking stalls shall provide motorcycle parking at the rate

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37 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT of one percent of the total number of parking stalls provided. Areas delineated for use by motorcycles shall meet standards set forth in subsection C1 of Section 17.62.050.

3. Bicycle parking.
a. Bicycle parking shall be provided, at a minimum, in an amount equal to:

BUILDING USE SHORT-TERM BICYCLE

PARKING REQUIREMENTS

LONG-TERM BICYCLE

PARKING REQUIREMENTS
Residential with private garage
for each unit
One (1) parking space per ten
(10) units for developments of
ten (10) or more units
None
All other residential One (1) parking space per ten
(10) units for developments of
ten (10) or more units
1 per unit
Retail and recreation 1 space per 3,000 square feet
of building area within 50 feet
of primary building entrance
1 space per 10,000 square feet
of building area
Office, R&D, and Other
Nonresidential uses
1 space per 8,000 square feet
of building area within 75 feet
of primary building entrance
1 space per 10,000 square feet
of building area
b. The long-term bicycle parking requirement may be reduced by up to fifty percent (50%) with a Transportation Demand Management (TDM) program that includes bicycle sharing, subject to approval of the Community Development Director.

4. Stall Sizes. All new parking facilities shall consist of the universal parking stall size or larger, with up to five percent compact stalls allowed where necessary to accommodate existing curves, obstructions, or other site or lot configuration problems. For unusual circumstances, including but not limited to existing utility installations, lot shape or dimensions, commercial non-residential facilities with ten or more parking stalls may provide up to thirty percent of their parking for use by compact cars, if determined necessary by the community development director.

5. Drive-through Facilities. Drive-through facilities require special consideration as their design can significantly impact the vehicular circulation on a site. The following requirements apply to any use with drive-through facilities. a. Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking stall. b. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.
c. The vehicle-stacking capacity of the drive-through facility and the design and location of the ordering and pickup facilities will be determined by the city, based on appropriate traffic engineering and planning data. The applicant shall submit to the city a traffic study addressing the following issues:
i. Nature of the product or service being offered;
ii. Method by which the order is processed;
iii. Time required to serve a typical customer;
iv. Arrival rate of customers;
v. Peak demand hour;
vi. Anticipated vehicular stacking required.

6. Signs, Markings. Spaces provided for the specific uses as listed above shall be clearly designated through signs, colored lines, etc., all of which must be approved by the city.

D. Optional Provisions. The following may be provided at the option of the developer when applicable to commercial, residential or office off-street parking uses, subject to city approval:

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38 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

1. Shared Parking Facilities. The city shall allow shared parking agreements in conformance with Government Code Section 65863.1as it currently exists or may hereinafter be amended. In addition, tThe city, through the use permit procedure, may allow the parking requirements of this chapter to be satisfied by the sharing of parking stalls by more than one use, provided:
a. The proposal is in the best interests of the city and does not inhibit the implementation of other city ordinances, policies or plans; and b. The applicant is able to show that peak hours of use will not overlap or coincide to the degree that peak demand for parking stalls from all uses is greater than the total supply of parking stalls; and
c. The shared parking facility is within three hundred feet of the principal entrance containing the use(s) for which the parking is required; and d. A written agreement between landowner(s) and the city, satisfactory in form and content to the city attorney, is approved by the city. This agreement concerning use and access to parking stalls shall be in the form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
i. A guarantee that there will be no substantial change in the uses that will create a greater demand for parking,
ii. A guarantee among the landowners for access to and use of the shared parking facilities,
iii. A provision that the city may require parking facilities in addition to those originally approved upon finding by the city council that adequate parking to serve the use(s) has not been provided, and
iv. A provision stating that the city may, with due cause, notice and hearing, unilaterally modify, amend or terminate the agreement at any time.

2. Off-Site Parking Facilities. The city may allow the parking requirements of this chapter to be satisfied through the provision of off-site parking facilities. a. The proposal is in the best interests of the city and does not inhibit the implementation of other city ordinances, policies or plans; b. The off-site parking facility is within three hundred feet of the principal entrance(s) containing the use(s) for which the parking is required or the off-site parking facility containing the use(s) for which the parking is required is served by a shuttle bus system the operations of which are approved by the City and guaranteed by an agreement which is subject to the provisions of subsection “d” below; c. Off-site parking facilities may be shared by more than one use by meeting the shared parking requirements;
d. A written agreement between landowner(s) and the city satisfactory in form and content to the city attorney is approved by the city. This agreement concerning use and access to parking stalls shall be in a form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
i. A guarantee that there will be no substantial change in the uses that will create a greater demand for parking.
ii. A guarantee among the landowners for access to and use of the shared parking facilities for the period of time that the off-site parking facilities are needed in order to serve the subject uses.
iii. A provision that the city may require parking facilities in addition to those originally approved upon the making of a finding by the city council that

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39 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT adequate parking to serve the use(s) has not been provided or has not been maintained, and
iv. A provision stating that the city may, with due cause, notice and hearing, unilaterally modify, amend or terminate the agreement at any time.

3. Transportation Systems Management Plans. Off-street parking facilities and/or the number of required off-street parking stalls may be decreased up to a maximum of fifteen percent, subject to the approval of the city planning commission, based upon a detailed transportation systems management plan supplied by the applicant which may include, but is not limited to, provisions for assisting employees to use public transit, carpooling, vanpooling, preferential parking arrangements, charter buses, club buses, employer’s contribution to bus service costs, staggered or variable work hours. Plans which employ the use of mass transit as a means of reducing the demand for employee and customer parking shall provide loading/unloading areas and facilities within a reasonable walking distance to and from the site and buildings for which they are provided. In evaluating the request, the city shall consider, among other factors:
a. Projected effectiveness of carpool, vanpool, staggered work hours or similar transportation programs;
b. Proximity to public transportation facilities serving a significant portion of employees and/or customers;
c. Evidence that employees and/or customers utilize, on a regular basis, transportation alternatives to the automobile.
d. Where transportation systems management techniques are employed and plans approved which reduce the number of required off-street parking stalls for a development, employment site, commercial or office complex, a written agreement between the landowner(s) and the city must be approved. Such written agreement must be satisfactory in form and content to the city attorney, and is subject to planning commission and city council approval. This agreement shall be in a form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
i. A provision to identify that the position of transportation coordinator is created by the agreement, whose purpose is to insure that the transportation systems management plan is successful. The city will be kept informed regarding who the transportation coordinator is and how he/she may be contacted; ii. A guarantee that the transportation systems management techniques will not be diminished, suspended, eliminated or in any way be operated at a lower level of effort on the part of the parties identified as responsible for the implementation of these techniques in the transportation systems management plan without prior city approval;
iii. Provision for an annual report to the city reviewing the past year’s efforts to encourage employees and customers to use transportation systems management techniques, and an accounting of the number of employees and customers actually and regularly employing the techniques to and from the site.

Such report will also update that section of the plan outlining efforts to increase employee and customer participation in the transportation systems management program during the coming year;
iv. A provision that the city, acting with due cause, notice, and at a public hearing, may unilaterally amend or terminate the agreement at any time, thereby requiring the landowner to construct an adequate amount of off-street parking that meets the requirements of the existing parking ordinance at the time the project was constructed.

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40 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

4. Credit for Bicycle and Motorcycle Parking in Commercial and Industrial Districts.

Where bicycle spaces or motorcycle spaces are provided for uses in commercial and industrial districts in excess of the amount of bicycle and/or motorcycle parking otherwise required, parking stalls otherwise required pursuant to this chapter may be omitted in accordance with the following provisions and subject to the following limitations:
a. One parking stall may be omitted for each eight bicycle spaces provided (see Sections 17.62.050 C2 and 17.62.060 C3 for requirements); b. One parking stall may be omitted for each two motorcycle spaces provided (see Sections 17.62.050 C1 and 17.62.060 C2 for requirements); c. In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent of the total required parking stalls.

5. Parking In-lieu Fees. The city may allow the parking requirements of this chapter to be satisfied through the payment of parking in-lieu fees.
a. In commercial, service and office districts where it can be demonstrated that the reasonable and practical development of property precludes the provision of required off-street parking, the city council, upon recommendation of the planning commission, may permit the off-street parking requirements for the use to be satisfied by the payment to the city of a sum equivalent to the estimated, normal, current cost of providing required off-street parking to serve the contemplated use. Any off-street parking satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require subsequent action to satisfy the additional parking requirement. No refund of such payments shall be made when there is a change to a use requiring less parking. Such payment shall be made to the city in one lump sum prior to the issuance of a building permit and/or business license.
b. The amount of payment for each required parking space shall be fixed by resolution adopted from time to time by the city council. Funds derived from such payments shall be deposited by the city in a special fund, and shall be used and expended exclusively for the purpose of planning, designing, acquiring and developing off-street parking facilities located, insofar as practical, in the general vicinity of the property for which the in-lieu payments were made.

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41 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT

EXHIBIT E
SECTION 17.68.120 OF CHAPTER 17.68

GENERAL PERFORMANCE STANDARDS
A new Section 17.68.120 of Chapter 17.68 is hereby added to read as follows:
“17.68.120 Airport Land Use Compatibility Plan Consistency.

This section establishes standards and requirements related to consistency with both the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP) and the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (San Carlos ALUCP) established by the San Mateo County Airport Land Use Commission (ALUC). The following requirements and criteria shall be incorporated into all applicable projects.

A. Overflight Notification.

1. Airport Real Estate Disclosure Notices. All new development is required to comply with the real estate disclosure requirements of state law (California Business and Professions Code Section 11010(b)(13). The following statement must be included in the notice of intention to offer the property for sale or lease:
“Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.”

2. New Residential Development. All new residential development projects, other than additions and accessory dwelling units (ADUs), within the Overflight Notification Zone 2 as determined by the San Carlos ALUCP shall incorporate a recorded overflight notification requirement as a condition of approval to provide a permanent form of overflight notification to all future property owners. A Sample Overflight Notification is provided in the San Carlos ALUCP (Exhibit E-4) and this statement or similar shall be utilized this purpose. Such notice shall be notarized and recorded by the county of San Mateo.

B. Airspace Protection Evaluation. Foster City lies within the Airport Influence Area of both the SFO ALUCP and the San Carlos ALUCP. The ALUCPs identify airspace

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42 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT protection policies to protect the navigable airspace around the airport for the safe and efficient operation of aircraft in flight that are applicable to Foster City.

1. Notice of Proposed Construction or Alteration. Project applicants shall be required to file Form 7460-1, Notice of Proposed Construction or Alteration, with the Federal Aviation Administration (FAA) for any proposed new structure and/or alterations to existing structures (including ancillary antennae, mechanical equipment, and other appurtenances) that would exceed a height of 200 feet above ground level, or exceed the FAA notification heights as depicted in San Carlos ALUCP Exhibit 4-4a. Any project that would exceed the FAA notification heights shall submit a copy of the findings of the FAA’s aeronautical study, or evidence demonstrating exemption from having to file FAA Form 7460-1, as part of the development permit application.

2. Maximum Compatible Building Height. Building heights, including related roof- mounted equipment, stair/elevator towers, antennae, exhaust stacks, and other appurtenances, shall not the maximum height limits permissible under either FAA regulations or the Critical Aeronautical Surfaces identified in SFO ALUCP Exhibit IV-18. For avoidance of doubt, the lower of the two heights identified by the ALUCP and the FAA shall be the controlling maximum height.

3. Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics are recognized as hazards to air navigation and need to be evaluated to ensure compatibility with FAA rules and regulations. These characteristics include the following:
a. Sources of glare, such as highly reflective buildings, building features, or blight lights including search lights, or laser displays, which would interfere with the vision of pilots in command of an aircraft in flight. b. Distracting lights that could be mistaken for airport identification lightings, runway edge lighting, runway end identification lighting, or runway approach lighting.
c. Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot in command of and aircraft in flight.
d. Sources of electrical/electronic interference with aircraft communications/navigation equipment.
e. Any use that creates an increased attraction for wildlife, particularly large flocks of birds, that is inconsistent with FAA rules and regulations, including

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43 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT but not limited to FAA Order 5200.5A, Waste Disposal Site On or Near Airports and FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and any successor or replacement orders or advisory circulars.”

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EXHIBIT F
CHAPTER 17.78

ACCESSORY DWELLING UNITS
Section 17.78.100 of Chapter 17.78 is hereby amended to read as follows, all other provisions of Chapter 17.78 remain unchanged:
“17.78.100 OTHER PROVISIONS.

A. Unless exempt from the owner-occupancy requirement per subsection B of this section, prior to obtaining a building permit for an ADU, an owner-occupancy deed restriction, approved by the city attorney, shall be recorded with the county recorder’s office, which shall include the pertinent restrictions and limitations of an ADU identified in this section including but not limited to: prohibition of the sale of the ADU separate from the sale of the single-family residence; restrictions on the size and attributes of the ADU; and prohibitions on rentals less than thirty consecutive days. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns.

B. Owner Occupancy. Notwithstanding the foregoing or any other provision of this chapter, no owner-occupancy requirement shall be enforced and no deed restriction shall be required for ADU permit applications submitted between January 1, 2020, and December 31, 2024.

C. Delay in Enforcement of Unpermitted ADUs. For any unpermitted or substandard ADU built before January 1, 2020, upon an owner’s request, the city’s chief building official shall delay enforcing any building standards if the building official determines that the unpermitted ADU meets health and safety standards. This provision shall sunset on January 1, 2030; however, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay.

D. Any ADU may be leased for a period not fewer than thirty consecutive days.

E. Fire flow and fire department access must comply with the California Fire Code as amended by the San Mateo consolidated fire department, or an alternate means shall be proposed.

F. Fire Sprinklers.

1. An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

2. The construction of an ADU shall not trigger a requirement of fire sprinklers to be installed in the existing primary dwelling.

G. ADUs that are seven hundred fifty square feet or smaller are exempt from impact fees.

H. Notwithstanding the provisions of this section, the requirements for newly constructed ADUs shall not preclude constructing one ADU of at least eight hundred square feet, which is not more than sixteen feet in height, and set back at least four feet from the side and rear property lines.

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45 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT I. Notwithstanding any other provision of this code, an applicant shall not be required to correct nonconforming conditions on the subject property as a condition of obtaining permits to construct an ADU or JADU.

J. Any properties with ADUs built or developed by a nonprofit corporation may qualify to be sold or conveyed separately from the primary residence, pursuant to California Government Code Section 65852.26. A qualified nonprofit corporation is a nonprofit corporation which is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

K. All JADUs and ADUs shall comply with the current Title 24 California Code of Regulations, as adopted by the city and all related safety codes.”

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EXHIBIT G
CHAPTER 17.82

EMERGENCY SHELTERS, LOW BARRIER NAVIGATION CENTERS AND

SUPPORTIVE HOUSING
Section 17.82.040 of Chapter 17.82 is hereby amended to read as follows, all other provisions of Chapter 17.78 remain unchanged:
“17.82.040 PERFORMANCE STANDARDS.

A. Emergency shelters, as defined in Section 17.04.203, shall be allowed in any district where they are listed as a permitted use without discretionary permits or approvals, provided they comply with the following standards:

1. Maximum Number of Persons/Beds. An emergency shelter shall contain a maximum of twenty-five beds and shall serve no more than twenty homeless persons.

2. Minimum Parking Requirements. Emergency shelters shall provide one parking space for each employee or volunteer on duty when the shelter is fully open to clients, plus one parking space for every family (as defined in Section 17.04.210) sheltered and 0.35 parking spaces for each nonfamily bed; provided, that these standards do not require more parking than other residential or commercial uses within the same zone. The community development director shall reduce the parking requirements if the shelter can demonstrate a lower need.

The shelter shall also provide bicycle parking of at least one-half space for each bed.

3. Size and Location of Interior On-Site Waiting and Client Intake Areas.

Emergency shelters shall provide at least ten square feet of interior waiting and client intake space per bed. In addition, there shall be a minimum of one private office. Waiting and intake areas may be used for other purposes as needed during operations of the shelter, including communal space.

4. Provisions of On-Site Management and Security. On-site management shall be present at all times that the emergency shelter is in operation. Before opening, shelters shall develop and implement a management plan that addresses all points that pertain to emergency shelters in the latest quality assurance standards developed by the San Mateo County HOPE quality improvement project and meets at least the minimum standards, except where other standards are provided by this chapter. Shelters must prepare and implement a security and emergency plan as part of the management plan and train staff about the plan. A copy of the management plan shall be provided to the community development director for approval. The community development director shall approve the management plan if it meets the minimum requirements in the latest quality assurance standards developed by the San Mateo County HOPE quality improvement project.

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5. Proximity to Other Shelters. No emergency shelter shall be located within three hundred feet of another emergency shelter.

6. Length of Client Stay. The maximum length of stay in any emergency shelter shall be limited to no more than sixty total days within one calendar year unless an extension is granted. Extensions up to a total stay of one hundred eighty total days within one calendar year may be provided if no alternative housing is available.

Information on length of client stays shall be provided to the community development director upon request.

76. Lighting. There shall be a minimum of ten candlefoot power at the door of the emergency shelter and extending in an unobstructed direction outward five feet.

There shall be a minimum of two candlefoot power in other areas accessible from the street. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way. These lighting requirements shall be in effect from thirty minutes after sunset until thirty minutes before sunrise. Shelters may propose an alternate lighting plan, which must be agreed to by the community development director. The alternate lighting plan must provide adequate external lighting for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.

B. A low-barrier navigation center development is a use by right in certain zones, if it meets the following requirements:

1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

C. Supportive housing projects shall comply with all the following standards:

1. The project may be required to comply with any written objective standards or policies also required of multifamily developments in the same zone.

2. The applicant shall submit a plan for providing supportive services, to include all the following items:

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48 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT a. Documentation that supportive services will be provided on site. b. The name of the proposed entities that will provide supportive services. c. The proposed funding sources for the services provided. d. Proposed staffing levels.

3. No minimum parking requirements shall be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.”

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EXHIBIT H
Chapter 17.84

REASONABLE ACCOMMODATION
Chapter 17.84 is hereby amended to be repealed and replaced in its entirety to read as follows:
“17.84.010 Purpose.

The purpose of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

17.84.020 Applicability.

A. A request for reasonable accommodation may be made by any person with a disability, their representative or any developer or provider of housing for persons with disabilities, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities for persons with disabilities.

B. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

C. A request for reasonable accommodation may include a modification or exception to the land use or zoning regulations, policies, practices or procedures for the siting, development and use of housing or housing- related facilities that would eliminate regulatory barriers to housing opportunities for a person with a disability. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.84.040 (Application requirements).

17.84.030 Definitions.
"Fair housing laws" shall mean the "Fair Housing Amendments Act of 1988" (42 U.S.C.

Section 3601 et seq.), including reasonable accommodation required by 42 U.S.C.

Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), including reasonable accommodations required specifically by California Government Code Sections 12927(c)(1) and 12955(I), as any of these statutory provisions now exist or may be amended. “Director” shall mean the Director of Community Development or their designee. "Disability" shall include physical disability, medical disability, and medical condition as defined in California Government Code Section 12926.

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50 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT "Reasonable accommodation" shall mean a modification in the application of land use or zoning regulations, policies, procedures, or practices when necessary to eliminate barriers to housing opportunities for a person with a disability to have an equal opportunity to access a dwelling, including public and common use spaces. "Reviewing authority" shall mean the appropriate decision making body as described in Section 17.84.060.

17.84.030 17.84.040 Availability of information.

Notice of the availability of reasonable accommodation shall be prominently displayed at the public information counter in the community development department, advising the public of the availability of the procedure for eligible individuals.

17.84.040 17.84.050 Application requirements.

A. Application. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. Requests for reasonable accommodation by any eligible person or entity described in Section 17.84.020(A) shall be submitted on an application form provided by the community development department, or in the form of a letter, to the director of community development and shall contain the following information:

1. The applicant’s name, address and telephone number.

2. Address of the property for which the request is being made.

3. The property owner’s name, address and telephone number and the owner’s written consent to implement the reasonable accommodation.

4. The current actual use of the property.

5. The basis for the claim that the individual that resides or will reside at the property is considered disabled under the Acts.

65. Description of the requested accommodation and the The zoning code provision, regulation, procedure or policy from which reasonable accommodation is being requested.

76. The reason that the Why the reasonable accommodation may be is necessary for the individual with the disability to use and enjoy the dwelling to make the specific property accessible to the individual.

8. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation.

7. Where applicable, documentation that the requested modification is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulations and full use of the building and facilities by persons with disabilities.

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8. Any other information that the Director reasonably determines is necessary for evaluating the request for reasonable accommodation.

B. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by law. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-forty-five-day period to issue a decision set forth in Section 17.84.060 is stayed until the applicant responds to the request.

BC. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A of this section together for concurrent review with the application for discretionary approval.

D. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation
E. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

17.84.050 17.84.060 Review authority.

A. Director of Community Development. Requests for reasonable accommodation shall be reviewed by the director of community development (director), or his designee if no approval is sought other than the request for reasonable accommodation.

B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

17.84.060 17.84.070 Review procedure.

A. Director Review. If no approval is sought other than the request for reasonable accommodation, the director, or his designee, shall make a written determination within thirty forty-five days of the date of the request and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.84.080 (Findings and decision).

B. Other Reviewing Authority. If the reasonable accommodation is submitted for concurrent review with another land use application, the written determination on whether to grant or deny the request for reasonable accommodation shall be made by

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52 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.84.080 (Findings and decision).

17.84.070 Limitations.

A reasonable accommodation request granted pursuant to Section 17.84.080 shall be limited to any, or all, of the following:

A. Paved area coverage not greater than two hundred fifty square feet in excess of allowable limits for the site;
B. Lot coverage not greater than one hundred fifty square feet in excess of allowable limits for the site;
C. Encroachment into setbacks not greater than ten percent of the allowable setback; D. Height increase not more than ten percent of the allowed height.

17.84.080 Findings and decision.

A. Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1. Whether the housing which is the subject of the request for reasonable accommodation will be used by an individual disabled with disabilities protected under the Acts.

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city’s program or law, including but not limited to land use and zoning or building program.

5. Whether the request will have a significant adverse impact on surrounding uses.

6. Whether there are reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.

B. Written Decision.

1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority’s findings on the criteria set forth in Section 17.84.080. All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

2. The written decision of the reviewing authority shall be final unless an applicant appeals it pursuant to Section 17.84.090 it to the planning commission.

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3. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by Section

17.84.060, the request shall be deemed granted.

4. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

5. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A of this section. Such conditions may include, but are not limited to:
(a) That the reasonable accommodation shall only be applicable to the specific use for which the application is made.
(b) That a reasonable accommodation involving an exterior physical improvement or structure is designed to be substantially similar to the architectural character, colors, and texture of materials of the existing structures on site. (c) That the reasonable accommodation shall be designed in accordance with the currently adopted California Building Code, and subject to any and all permit and inspection requirements of the Foster City Municipal Code.

17.84.090 Appeal of determination.

A. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed in compliance with Section 17.06.150 within ten calendar days of the decision.

B. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

C. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

17.84.100 Rescission of grants of reasonable accommodation.

Any approval or conditional approval of an application under this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

17.84.110 Fees.

A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the applicant shall pay the prescribed

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54 PROPOSED CODE AMENDMENTS TO ACCOMPANY HOUSING ELEMENT AMENDMENT fee shall be paid for the other discretionary permit(s) in compliance with the City’s fee schedule adopted by resolution.”

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55 5
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DATE: April 1, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: AGREEMENT WITH NEUMERIC TECHNOLOGIES

CORPORATION, FOR CONSULTING SERVICES FOR THE
MIGRATION OF CALOPPS.ORG TO DRUPAL 10 IN AN AMOUNT
NOT TO EXCEED $216,530

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute an agreement with Neumeric Technologies Corporation, a California Corporation for Calopps.org Drupal Upgrade in an amount not to exceed $216,530.

EXECUTIVE SUMMARY
In 2003, the City of Foster City created CalOpps, an online public sector job posting board and applicant tracking system, and has administered the system since its creation. CalOpps runs on Drupal 7 software framework which will no longer be supported on January 5, 2025.

After issuing a Request for Proposals (RFP) and conducting an extensive evaluation process, staff is recommending the proposal from Neumeric Technologies Corporation, a California Corporation for professional services to migrate the Calopps.org site from Drupal 7 to Drupal 10. The total price for all consulting services is $216,530.

BACKGROUND/ANALYSIS

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Recognizing the need for an affordable option for public sector employers to advertise job opportunities and accept applications online, the City of Foster City created and launched CalOpps in 2003. CalOpps has grown significantly since it was first launched in 2003, a testament to the quality and success of the system. Today, there are 84 full member agencies using CalOpps as a job posting board and applicant tracking system and another 135 agencies using CalOpps for advertising only. The City of Foster City owns and operates CalOpps, allowing other public agencies to use the system for advertising and applicant tracking. Subscriptions are paid by member agencies which allows them to post job openings, accept applications, and use flexible processing to move applicants through hiring workflows.

CalOpps is regularly maintained and upgraded as necessary. CalOpps underwent one major upgrade in 2017; however, another significant upgrade is required related to the web application framework that CalOpps runs on, called Drupal 7.

Drupal is a popular open source content management system used by many web developers and serves as the core application infrastructure for CalOpps. The version of Drupal on which CalOpps operates is nearing the end of support. An upgrade to the newest version of Drupal is required to ensure long-term supportability and access to security updates. This upgrade is beyond the bandwidth and expertise of in-house IT staff.

The migration to a newer version of Drupal will take several months, but it will not change the functionality of the system, so it should have little impact on users.

The IT Division released a Request for Proposals (RFP) for Drupal Upgrade Consulting Services in April 2023 and received proposals from 15 vendors. After reviewing the proposals, 6 vendors were chosen for interviews over Zoom by the IT Division. Based on the completeness of the proposals, answers provided in the interviews, reference checks, and pricing, the proposal from Neumeric Technologies Corporation, a California Corporation was chosen as the recommended vendor.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
This project is budgeted in the Calopps Contractual Services fund (114-1210-415-4251) in FY 2023-2024 for $345,000. Fees for member agencies will rise 2.6% on July 1, 2024 which is the standard increase this year for most fees for City services per the Master Fee Schedule.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability

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ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Neumeric Technologies Proposal

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58 1
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7 RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NEUMERIC

TECHNOLOGIES CORPORATION, A CALIFORNIA CORPORATION FOR
CALOPPS.ORG DRUPAL UPGRADE IN AN AMOUNT NOT TO EXCEED $216,530

CITY OF FOSTER CITY
WHEREAS, The City of Foster City owns and operates CalOpps, an online public sector job posting board and applicant tracking system; and WHEREAS, access to Calopps is sold to California agencies as a subscription, allowing other public agencies to use the system for job advertising and applicant tracking; and
WHEREAS, a significant upgrade is required related to the web application framework that CalOpps runs on, called Drupal 7; and
WHEREAS, a Request for Proposals (RFP) for Drupal Upgrade Consulting Services was released in April 2023; and
WHEREAS, based on the completeness of the proposals, answers provided in the interviews, reference checks, and price, the proposal from Neumeric Technologies Corporation, a California Corporation was chosen as the recommended vendor ; and WHEREAS, sufficient funds are available in the Calopps Fund (#114).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute an agreement with Neumeric Technologies Corporation, a California Corporation, dated April 1, 2024, for Drupal Upgrade Consulting Services in an amount not to exceed $216,530.

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 April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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59 Calopps.org Drupal Upgrade Project Updated 1/18/2022 1 4853-5422-7374 v1
1 9
2 6

PROFESSIONAL SERVICES AGREEMENT
FOR

CONSULTANT SERVICES
This Agreement is made and entered into as of the 1st day of April, 2024 by and between the City of Foster City hereinafter called "CITY" and Neumeric Technologies Corporation, a California Corporation, hereinafter called "CONSULTANT".

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

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

TERMS AND CONDITIONS

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

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

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

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

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notice to CONSULTANT demanding such cure. If the CITY determines to terminate the agreement, the CONSULTANT shall not be liable to CITY for other cost, damage, liability, or expense. resulting from such termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT and the CITY will mutually agree if the CONSULTANT will continue its work throughout the course of any dispute and cure period.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s “fixed not to exceed” project rates as listed on page five of the CONSULTANT’S proposal dated 05/17/2023 and as listed within Exhibit A. The CONSULTANT will invoice the CITY based on completed project sprints as outlined in Exhibit A in in the performance of said services. The hourly rates for “Out of Scope” services are listed in Exhibit “B”.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs for the development and deployment of the project payable hereunder shall not exceed the sum _two hundred sixteen thousand and five hundred and thirty dollars_ ($_216,530_). The license fees for the required premium Drupal modules and the AccessiBe compliance widget have been included within the above “not to exceed sum” for the development and deployment of the project. The cost of all premium Drupal models and the AccessiBe widget beginning year two and ongoing from their first-year anniversary date of the initial license fee date will be the responsibility of the CITY.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon the completion of project sprints in a monthly billing cycle therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and or cost/expense items billed. Each completed sprint will be issued for payment under this Agreement with the completed sprint having been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of the sprint deliverables to CITY as listed in EXHIBIT A.

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

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

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

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

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

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the

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Compensation Schedule established in Exhibit A and within the estimated times specified for each individual Project sprint, phase, and task.

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

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

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

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

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

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

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, 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, 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, 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.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

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

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

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

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

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Rob Lasky
CONSULTANT: Neumeric Technologies Corporation
590 Enterprise Drive, Suite A
Lewis Center, OH 43035
Attn: Marc Fields
(614) 612-1510
Email: [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.

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

22. Liability of CITY.

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

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

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

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or

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

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

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

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

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
[Signatures 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: _________________________________ Patrick Sullivan, Mayor
(for contracts $50,000 or more)
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Marc Fields, Vice President
[email protected]

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EXHIBIT A

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

DELIVERABLES FOR
CALOPPS.ORG DRUPAL UPGRADE PROJECT

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated 4/1/2024, by and between Neumeric Technologies Corporation, hereinafter referred to as “CONSULTANT” and the City of Foster City, hereinafter referred to as “CITY” providing for professional services.

1.Description of the Project:

DESCRIPTION: Calopps.org Drupal Upgrade Project as per the RFP dated 4/17/2023, attached hereto and hereinafter incorporated as Exhibit A-1. Drupal 7 to Drupal 10 Upgrade for the website Calopps.org.

Professional services for software deployment and migration of existing data and files. The implementation and maintenance of all selected components, project management, training, and providing a complete installation.

2.Basic Services:

2.1 Task 1 – Phase 1 – Discovery - $12,820
Sprints: Kickoff meeting
content audit
updated project schedule
setup and configure existing version for development

2.2 Task 2 – Development - $63,200
Sprints: Build Existing modules for migration
Public / Job Seeker Interface
Subscriber Agency Interface
CalOpps Site Admin.

2.3 Task 3 – Migration - $102,312
Sprints: Prepare scripts for migration
Site Upgradation
Front & backend migration changes & fixes
Solr Search platform upgradation
Analytics setup
Setup DevOps process
Content migration
Integration testing & bug fixing (cycle 1)
Integration testing & bug fixing (cycle 2)

2.4 Task 3 – Final Testing and Pre-deployment $29,880
Sprints: UAT & Bug Fixing

2.5 Task 4 – Delivery - $8,318
Sprints: Training & tech manuals
Launch on AWS
Warranty Kickoff

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PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
$216,530.00

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

Check

3. TIMES OF PAYMENTS.

By Completed Phase and or Sprints:

Task 1: – billing at the completion of the phase
Task 2: – billing by a set of completed sprints
Task 3: – billing by a set of completed sprints
Task 4: – billing at the completion of the phase
Task 5: – billing at the completion of the phase

PROJECTS AND SCHEDULE
Estimated Project Schedule based on the scope of services as outlined within the RFP.

Estimated total project timeline: 222 Business Days
Task 1: – 26 days
Task 2: – 79 days
Task 3: – 79 days
Task 4: – 30 days
Task 5: - 8 days

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

1. PROJECT DELIVERABLES

1.1DELIVERABLES: As listed within Section 1 of the RFP, Neumeric Proposal attached hereto and hereinafter incorporated by reference as Exhibit A-1, and as outlined herein in Exhibit A

1.2OTHER:

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

2.1SERVICES: as outlined in Section 2 of the RFP “Project Services and Requirements”, attached hereto and hereinafter incorporated by reference as Exhibit A-1.

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE
All project services as listed within sections 1 and 2 of the RFP “Calopps.org Drupal Upgrade Project” have been quoted as fixed firm / not to exceed as listed on page 5 of the Neumeric proposal dated 05/17/2023 and detailed in Exhibit A.

Out of scope services hourly rates are:

Front-end/ back-end dev., coding, PM, QA, and maintenance and support services:
$75/resource hour
Creative design, graphic dev., photography, videography, and content writing services:
$145/resource hour

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EXHIBIT C

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

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

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

1.1 Insurance Requirements
☒ Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. ☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.
☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

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

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

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

3.Insurance terms and conditions:

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

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

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

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

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

Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the

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purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

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

ATTACHED

1. Insurance Coverage Form

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

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

Other: [Cyber Liability, Installation Floater, etc.]
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.

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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 D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and Neumeric Technologies (“Consultant”) dated ___________________________.

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

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

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

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

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

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

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3. Compliance with COVID-19 Proclamations.

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

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

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

The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

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

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

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

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

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

5.6 Attachment 2 - Agreement

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Exhibit A-1
Request for Proposals
(begins on next page)

5.6 Attachment 2 - Agreement

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City of Foster City
4/17/2023

REQUEST FOR PROPOSAL
Calopps.org Drupal Upgrade Project

5.6 Attachment 2 - Agreement

83 City of Foster City RFP – Calopps.org Drupal Upgrade Project
2 The City of Foster City requests pricing/proposals for a Drupal 7 to Drupal 10 Upgrade for the website Calopps.org. Pricing is to include professional services for software deployment and migration of existing data and files. The vendor selected will be responsible for the implementation and maintenance of all selected components, project management, training, and providing a complete installation that meets the City’s performance requirements.

The City of Foster City is interested in receiving proposals from qualified vendors for Drupal development and migration services.

The City invites you to submit a proposal to furnish materials in accordance with the terms, conditions and specifications contained in this document. Please complete the proposal form as instructed below and return it to the specified e-mail address by the due date. No extensions to the deadline will be allowed. All responses must be in an email to:

TO: Rob Lasky
[email protected]
Due Date: 5/17/2023
The undersigned proposes to provide solution and installation services to the City for the stated prices in accordance with the terms and conditions set forth in this document.

VENDOR:

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

Title of Officer Federal I.D. Tax Number

5.6 Attachment 2 - Agreement

84 City of Foster City RFP – Calopps.org Drupal Upgrade Project
3 This Request for Proposal includes the following Sections:

Section 1 Introduction / Background
Section 2 Project Services and Requirements
Section 3 Proposal Submittal Requirements
Section 4 Vendor Evaluation Process

TERMS AND CONDITIONS

1.DATE DUE: 5/17/2023

2.QUESTIONS: Call Rob Lasky at 650-740-7101 or e-mail questions to [email protected]. All communication/questions are to be submitted by any vendor to Rob Lasky via e-mail. All responses to questions/clarifications will be posted on the City’s website as addendums and any vendor who has provided an e-mail will be notified via -email of the posting. Vendors are required to provide an e-mail address to which we may send responses.

3.REPLY FORMAT: The Vendor’s proposal, signed acknowledgment terms and conditions, including all attachments, must be returned by the due date with submittal. Vendors are required to clearly identify any limitations or exceptions to the requirements defined in this RFP. Alternative approaches will be given consideration if the approach clearly offers increased benefit to the City. The City is not responsible for non-receipt or misdelivery and that it is bidder's responsibility to ensure we have received their communication. The City’s e-mail system does not allow attachments larger than 25MB.

4.DEADLINES TIME ZONE: Where referred to in document, all times are in the Pacific Time Zone.

5.VENDOR QUALIFICATIONS: The vendor has been in business doing this type of work for at least the last three years.

6.RESPONSIVENESS AND SELECTION PROCESS: The decision for selection will be made on a combination of criteria, including: total cost (including ongoing operating costs); responsiveness to RFP, reputation of Vendor and products in similar installations; quality and completeness of proposal; Vendor's ability to perform in a timely fashion; and the City’s perception of Vendor’s stability within the industry.

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

7.FIRM PRICES: All quotes shall be held firm for a minimum of ninety (90) days after the proposal due date to allow adequate time for the City to consider each proposal and make an award. All blanks for unit price and total price shall be completed. All prices shall include sales tax where applicable. Any charges for boxing, packing, crating, cartage, handling, insurance, unloading, inside delivery, and any other related charges shall be included in the bid price provided on the Bid Form. Any discrepancy between the unit price and the extended or total price shall be determined by taking the lower price.

Upon receipt of this proposal by the City, the Vendor shall be presumed to be thoroughly familiar with all aspects of this work. The failure or omission to examine any location, equipment, form, instrument or document shall in no way relieve Vendor from any obligation with respect to this proposal.

8.WARRANTY: The delivered and installed goods, equipment or services shall be warranted to be free from defects in materials and workmanship. The warranty period shall begin upon final acceptance by the City. As a minimum, all goods, equipment and services shall be warranted to operate satisfactorily

5.6 Attachment 2 - Agreement

85 City of Foster City RFP – Calopps.org Drupal Upgrade Project
4 in accordance with the requirements of these specifications, the representations of the Vendor and the published specifications of the manufacturer(s) for a period of at least one (1) year from the date of acceptance by the City.

9.CANCELLATION CLAUSE: The City may terminate and cancel any purchase order or contract that result from this RFP without obligation at any time prior to receipt of the goods or services.

5.6 Attachment 2 - Agreement

86 City of Foster City RFP – Calopps.org Drupal Upgrade Project
5 Section 1
Introduction / Background

1.1. The Project
CalOpps is a public sector employment job board owned and operated by the City of Foster City.

Subscriptions are paid by public sector agencies (cities, counties, special districts, etc.) which allows them to post job openings, accept applications, and use flexible processing to move applicants through the unique hiring workflows for each agency. Currently there are approximately 300 agencies that use the system for various processes. Potential applicants use the site to get notified of new job openings, create s personal profile to store contact information and job history, and use that profile information to apply for open positions. Currently there are over 300,000 active profiles on the site. The system is managed by the City of Foster City Human Resource Department and Information Technology Division.

With the upcoming Drupal 7 end-of-support, we are looking for a vendor to plan and perform a migration of the functionality and content of the current site to Drupal 10. Look and feel can remain the same (or similar to) the current site.

RFP responses should include costs for professional services, software deployment, and migration of existing data and files. The vendor selected will be responsible for the implementation of all selected components, project management, training, and providing a complete installation that will meet the performance requirements as stated in final contract.

The vendor shall submit a proposed time-line schedule for implementation. The vendor will need to identify staff from their company who will be working on their team and confirm their availability for the duration of the project.

Tentative schedule and dates:

Release RFP 4/17/2023
Vendor Written Inquiries (on or before) 5/8/2023 City
response to Written Inquiry (on or before) 5/10/2023
Proposals due from potential bidders 5/17/2023
Interviews with vendors 6/5/2023-6/9/2023
Vendor Notified of accepted bids TBD
Award of Contract TBD
Project Start Date TBD

1.2. Current Systems Environment

1.2.1.Calopps.org is currently running on Drupal 7.

1.2.2.Calopps.org is hosted on AWS. AWS also hosts development, staging, and test environments.

1.2.3.The AWS infrastructure is managed by MissionCloud.

1.2.4.There are four environments currently configured: Development, Staging, Testing, and Production.

1.2.5.The website application has three main areas of functionality: Public/Job Seeker Interface, Subscriber Agency Interface, and Calopps Site Administrator Interface. See below for details about each area.

1.2.6.Public/Job Seeker Interface allows anyone to search for job postings, view a list of agencies and basic information about them, read FAQs, learn about government employment and to apply for open positions. Some specific functions of the Job Seeker Interface includes:
•Creating a Profile: A personal profile can be created that stores the user’s basic information which can then be used to pre-fill job application fields. Job Seeker

5.6 Attachment 2 - Agreement

87 City of Foster City RFP – Calopps.org Drupal Upgrade Project
6 profile information is secure and requires the user to create a username and password to manage their profile.
•Notifications: An email can be sent to the user listing new job openings based on categories and locations. The user can also specify how often notifications are sent. •Job Cart: Users can place job openings in a cart to review later. •Apply for Open Positions: Information saved in the applicant’s personal profile is used to populate the job application. The applicant then completes the remaining agency application requirements (each recruitment can have additional questions, a supplemental questionnaire, pre-qualification questions, etc.). Applicants can save their progress on an application and return to it later, but the application must be completed/submitted by close date/time of the specific job opening. •Personal Profile Options: Users can view and edit personal profile information, view applications submitted, delete their profile and view their job cart.

1.2.7.Subscriber Agency Interface allows the staff of subscriber agencies to create and manage their recruitments. All subscriber agency access requires a secure login to the site.

Some specific functions of the Job-Posting Agency Interface include:
•Tools Interface: Agency admins are able to edit their agency information, view login history of their HR and Departments users, view FAQ/Documentation, and authorize agency users to specific recruitments.
•Create a Recruitment: Authorized agency users enter the necessary information to post a recruitment on the CalOpps site. Some required information includes job category, region/location, job type (full-time, part-time, seasonal), recruitment close date, and pay/salary. Some of this information is viewable by potential applicants via the Job Seeker Interface.
•Work with Recruitments: Authorized agency users can view applications, create and manage processes/steps to move applicants through the recruitment process; rate/comment on applications, and cancel or close a recruitment. •Process Templates: Templates help save staff time by storing the agency’s standard language for letters, questionnaires, and other relevant information that can then be used in the applicant tracking process.
•Notifications: Authorized agency users to communicate with applicants in a specific recruitment. Notifications can be sent via e-mail or can generate pdf letters for applicants without email addresses.
•Schedule interviews: Authorized agency users can set up interview timeslots and notify candidates they wish to interview, and candidates can sign up for timeslots from the notification email.
•Reports: Reports display summary information on all recruitments for an agency by different criteria.

1.2.8.CalOpps Site Administrator Interface is used by City of Foster City HR staff to manage the CalOpps application.
•Support: Allows Calopps admins to ‘act as an agency’ to troubleshoot reported issues.
•Search: Allows Calopps admins to search and view applicants and profiles system- wide.
•Add New Agency: Calopps admins add agencies and designate membership (Full, Advertise Only).
•Login History: Calopps admins can see all logins system-wide (profile, agency, administrator)
•Statistics: Calopps admins can access statistical reports on applications received, job seekers, admin emails sent, agency details, open recruitments. Reports can be exported to csv.
•Notifications: Calopps admins can email agency contacts and/or active job-seekers. •Application Maintenance: Calopps admins can add/change/delete general categories and information on the site.

5.6 Attachment 2 - Agreement

88 City of Foster City RFP – Calopps.org Drupal Upgrade Project
7 Section 2
Project Services and Requirements
The following are the minimum requirements we expect from the vendor’s proposal. Your response should address every requirement.

As part of the project, the selected vendor will be responsible for:
•Performing a thorough analysis of our current Drupal 7 site. •Preparing a migration plan addressing our unique content and module needs. The migration plan must include:
oA listing the fields of each existing content type and a mapping to the proposed content types in the Drupal 9/10 website.
oA proposed schedule for execution of migration scripts, keeping in mind we want to minimize “content freezes” or the need for duplicate manual data entry during the site transition.
•Providing project and timeline management and delivering progress reports. •Ensuring compliance with Web Content Accessibility Guidelines 2.0 (WCAG 2.0). •Working with City of Foster City staff and/or consultants to do quality assurance testing of migrated website, coordinate cutover dates, and ensure expectations and deadlines are met. •Performing necessary front-end and back-end work to facilitate the migration of the site to Drupal 9/10.
•Providing reports to confirm that the migration of content was complete and successful. •Troubleshooting any issues that occur as a result of the Drupal 9/10 migration, up to 14 days after cutover.
•Providing clear, detailed documentation of the configuration of the migrated site. •The vendor will need to be familiar with and able to work with these technologies:
oDrupal, Composer, Drush, and PHP
oMySQL, MariaDB and other SQL databases
oNGINX and Apache
oSolr search platform
oStandard AWS technologies such as EC2, S3, RDS, etc.

5.6 Attachment 2 - Agreement

89 City of Foster City RFP – Calopps.org Drupal Upgrade Project
8 Section 3
Proposal Submittal Requirements
Below are all the items that must be submitted by the Vendor. Any Vendor who fails to include responses to the following requirements shall be deemed non-responsive.

Requirements

1. A detailed budget containing all costs, including staff time and all projected expenses. Indicate if different rates are used for different services and/or different team roles.

2. A detailed estimated timeline with all project milestones and dependencies included. All tasks related to planning, implementation, testing and deployment should be included.

3. A detailed description of the process that will be undertaken for migration, including an explanation of the steps and procedures that will be undertaken as part of the migration process, and processes and contingencies to identify and fix any bugs and issues resulting from the migration. Please respond to all of the Project Requirements (See Section 2).

4. Company history and core services.

5. Client references and descriptions of their projects (at least 3). Ideally include Drupal migration projects and (if possible) governmental clients.

6. If the execution of work to be performed by your company requires the hiring of subcontractors, you must clearly state this in your proposal.

7. Answers to the following questions about your company:
•Local Address
•Location of Headquarters
•Number of years in software development
•Number of overall employees

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Section 4
Vendor Evaluation Process

1. Selection/Evaluation Criteria for RFP Proposals
Proposals will be reviewed by members of Foster City’s IT and HR Divisions.

A subset of vendors will be asked to participate in a 1-2 hour interview during the week of 6/5/2023-6/9/2023.

Selected vendors will be contacted during the week of 5/29/2023 to set up a timeslot for their demo.

2. City Purchasing Ordinance ‘3.04.260 --Lowest responsible bidder determination’ states as follows:

In determining the "lowest responsible bidder," the following factors may be considered in addition to price:

A. The ability, capacity and skill of the bidder to perform the contract or provide the service required; B. The character, integrity, reputation, judgment, experience and efficiency for the city or other contracting parties;
C. The quality of performance of previous contracts or services for the city or other contracting parties;
D. The previous and existing compliance by the bidder with the laws and ordinances relating to a contract or service;
E. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
F. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. (Ord. 536 § 1 (part), 2007)

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

5.6 Attachment 2 - Agreement

91 Calopps.org Drupal Upgrade Project

City of Foster City - Calopps.org
Drupal Upgrade Project

Submitted By
Neumeric Technologies Corporation
Questions? Please Contact
Marc Fields
V.P. – Business Development
[email protected]
(614) 612-1510
Proposal
05/17/2023

5.6 Attachment 3 - Neumeric Technologies Proposal

92 City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 2

Proposal Form 03
Cover Letter 04
Cost and Timeline 05
Our Process 08
About Us 13
References 15
Similar Projects 16
Additional Information 23

Table of Contents

5.6 Attachment 3 - Neumeric Technologies Proposal

93 City of Foster City RFP – Calopps.org Drupal Upgrade Project 2 The City of Foster City requests pricing/proposals for a Drupal 7 to Drupal 10 Upgrade for the website Calopps.org. Pricing is to include professional services for software deployment and migration of existing data and files. The vendor selected will be responsible for the implementation and maintenance of all selected components, project management, training, and providing a complete installation that meets the City’s performance requirements.

The City of Foster City is interested in receiving proposals from qualified vendors for Drupal development and migration services.

VENDOR:

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

Title of Officer Federal I.D. Tax Number
Neumeric Technologies Corporation 590 Enterprise Drive
Lewis Center OH 43035
(614) 612-1510, [email: [email protected]]
52-2193927
Marc Fields
Vice President

5.6 Attachment 3 - Neumeric Technologies Proposal

94 City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 4

Dear Rob,

Neumeric Technologies is pleased to submit
our response to your Drupal upgrade project.

With a strong focus on the public sector, we
understand the unique requirements of
organizations such as yours. Our proposal
encompasses a detailed plan that covers all
aspects of the migration project, including
professional services, software deployment,
and data and file migration. We are
committed to providing a complete
installation that meets the performance
requirements stated in the RFP.

Our approach to your Drupal 7 (D7) to Drupal
10 (D10) migration project is comprehensive
and meticulous. We will carefully plan and
execute the migration, ensuring a seamless
transition from the current system to D 10.

Our project plan includes key mileston es,
timelines, and deliverables, providing you
with a clear roadmap of the project's
progress.

Effective communication is at the heart of
our project management philosophy. We will
keep you informed with regular progress
updates and be available to address any
questions or concerns you may have
throughout the project.

We appreciate the opportunity to be
considered for this project and are excited to
work with you. If you have any questions or
require further information, please do not
hesitate to reach out to us.

Thank you,

Marc Fields
Vice President, Neumeric Technologies
590 Enterprise Drive, Lewis Center OH 43035;
P: (614) 612-1510; E-mail: [email protected]

Cover Letter

5.6 Attachment 3 - Neumeric Technologies Proposal

95 City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 5

1. A detailed budget containing all costs,
including staff time and all projected
expenses. Indicate if different rates are used
for different services and/or different team
roles.

Project Phases Time Amount
Discover 26 days $12,820
Develop 79 days $63,200
Migration 79 days $102,312
Test 30 days $29,880
Deliver 8 days $8,318
AccessiBe Included
Total $216,530

* Our proposal includes 1st year AccessiBe
license fee.

Description Hourly
Rate
Blended hourly rate for front-
end/ back-end dev., coding,
PM, QA, and maintenance and
support services
$75
Blended hourly rate for
creative design, graphic dev.,
photography, videography,
and content writing services
$145

Yearly Recurring Cost Amount
AccessiBe Tool Actual
Drupal Module License Cost $1000

AccessiBe: Actual licensing fees will be
invoiced to the City team. A copy of the actual
invoice will be provided to the team for
reimbursement. AccessiBe fees are based on
the website page count. As of 5/17/23 the
fees are as follows:

Up to 1000 pages $ 490
Up to 10,000 pages $1,490
Up to 100,000 pages $3,490
https://www.accessibe.com/

AccessiBe defines a page by a unique URL,
not including URL parameters. Meaning if a
page has URL parameters, all of them
together are considered one page. To verify
page count, type “site: yourwebsite.com” into
Google. The number of pages Google has
indexed for your website next to “results” is
your page count.

Hosting: We recommend the City to continue
using the AWS hosting services.

Cost and Timeline

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96 City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 6

2. A detailed estimated timeline with all project milestones and dependencies included. All tasks related to planning, implementation, testing and deployment should be included.

Task
# Task Name Duration Start Finish Dependency
1 CalOpps - City of Foster City 222 days Mon 6/19/23 Tue 4/23/24 2 → Task: Discover 26 days Mon 6/19/23 Mon 7/24/23
3 o Kickoff meeting
4 o Content Audit Task 3
5 o Updated project schedule Task 4
6 o Setup & configure existing version
for Development
Task 5
7 → Task: Develop 79 days Tue 7/25/23 Fri 11/10/23 Task 2 8 o Build existing modules for migration 64 days Tue 7/25/23 Fri 10/20/23 9 ▪ Public / Job Seeker Interface 22 days Tue 7/25/23 Wed 8/23/23 10 o Creating a profile
11 o Notifications Task 10
12 o Job cart Task 11
13 o Apply for open positions Task 12
14 o Personal profile options Task 13
15 ▪ Subscriber Agency Interface 51 days Tue 7/25/23 Tue 10/3/23 16 o Tools interface
17 o Login history Task 16
18 o Add users Task 17
19 o View FAQ / documentation Task 18
20 o Create a recruitment Task 19
21 o Work with recruitments Task 20
22 o Process templates Task 14
23 o Notifications Task 21
24 o Schedule interviews Task 22
25 o Reports Task 23
26 ▪ CalOpps Site administrator 58 days Tue 7/25/23 Thu 10/12/23 27 o SaaS setup for site
administration across different
agencies

28 o Support - Impersonate as
"Agency" user
Task 27
29 o Site administration Task 28
30 o Search Task 29
31 o Add new agency Task 30
32 o Login history Task 24
33 o Statistics Task 31
34 o Notifications Task 32
35 o Application Maintenance Task 34

5.6 Attachment 3 - Neumeric Technologies Proposal

97 City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 7 36 ▪ FAQ Task 25
37 ▪ Contact Us Task 33
38 ▪ Latest News Task 35
39 ▪ Become a Member Agency
Workflow
Task 36
40 o Migration 13 days Wed 10/18/23 Fri 11/3/23
41 ▪ Prepare scripts for migration Task 37
42 ▪ Site Upgradation Task 38
43 ▪ Front end and backend migration
changes & fixes
Task 39
44 o Solr Search Platform upgradation
scripts
Task 41
45 o Analytics setup Task 42
46 o Setup DevOps process for moving
versions between environments
Task 43
47 → Test 109 days Mon 11/13/23 Thu 4/11/24 Task 7
48 o Migration & Deploy for Beta testing 79 days Mon 11/13/23 Thu 2/29/24 49 ▪ Content Migration
50 ▪ Integration Testing & Bug Fixing
(Cycle 1)
Task 49
51 ▪ Integration Testing & Bug Fixing
(Cycle 2)
Task 50
52 ▪ Deployment / Launch Test site for
Beta Testing
Task 51
53 o Testing and Deployment & Go Live 30 days Fri 3/1/24 Thu 4/11/24 Task 48 54 ▪ UAT & Bug Fixing
55 → Task: Deliver 8 days Fri 4/12/24 Tue 4/23/24
56 o Deployment / Launch new website Task 54
57 o Training Videos, User Manual &
Technical Manuals
Task 54
58 o Online Training Post Launch Task 56

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98 City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 8

Our process begins with having the right
team assigned to your upgrade project,
which include a p roject manager, multiple
Drupal developers, quality assurance (QA)
testers, and the necessary business
stakeholders to make key decisions and
approvals from the City.

We’ll track the project progress and key
decisions using the project manag ement
tools your team is com fortable with such as
Jira, Basecamp, Teams, SharePoint, Google
Docs, and Redmine.

Our goal for your project is to
→ Migrate all existing content (copy,
images and files) to Drupal 10 (D10).
→ Retain existing design, templates,
functionality, accessibility and
integrations in D10, which may include
identifying alternatives, recommending
process changes, or recreating themes
or custom functions to maintain the site
integrity.
→ Leverage D10 capabilities t o improve
site management and usability.
→ Ensure be st practices in we bsite
security, speed, and file management
are implemented.
→ Create comprehensive documentation
and train the City staff on D10
administration and new or updated
functions.

Our approach to the Drupal upgrade project
is comprehensive and thorough . We
understand that this project is critical to your
organization, and we ’ll take every step
necessary to ensure a successful outcome.

The following pages addresse s all the
requirements stated in the section 2 of the
RFP.

Performing a thorough analysis of our
current Drupal 7 site.

Preparing a migration plan addressing our
unique content and module needs. Th e
migration plan must include:
• A listing the fields of each existing
content type and a mapping to the
proposed content types in the Drupal
9/10 website.
• A proposed schedule for execution of
migration scripts, keeping in mind we
want to minimize “content freezes” or
the need for duplicate ma nual data
entry during the site transition.

Step1. The first step to upgrade the City ’s
website from D 7 to D10 is to access and
understand your current D7 website. During
the discove ry phase of your project, we’ll
analyze your current website and determine
the various requirements and needs
including changes in the information
architecture (IA) or conten t structure, and
functional changes.

Here are some key tasks performed during
this stage:
→ Review your current site and make a list
of all the content, features and
functionality.

Our Process

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99 City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 9
→ Evaluate your current content and
functionality, thinking about what you
want to carry over to the new site as -is,
what you want to change and what you
can ditch.
→ Review your current design/ theme and
decide if you want a new look -and-feel
— if you redesign your site, you’ll need to
add a design phase into your project
plan and will be scoped separately.
→ Identify any potential issues that may
arise during the upgrade, such as
custom modules that aren’t compatible
with Drupal 10.
→ Closely work with your hosting provider
to ensure your hosting environment
supports Drupal 10.

Step 2. Modules are essential components of
your site functionality. During this stage we’ ll
analyze the best practices and modules as
well as ensure that the modules are
compatible with D10. If we discover an
alternative approach to incorporate a
functionality without relying on a module, we
will prioritize that solution.

Some of the key steps in volved in this stage
include:
→ Determine what core module features
you’re using in Drupal 7 that are no
longer available in Drupal 10 and what
can replace these
→ Review the modules compatibility with
D10 and check for the updated version.
→ Check if these module release frequent
updates.
→ Suggest and compare a lternative
solution/ modules that provide better
functionality and compatibility with D10.
→ Determine necessary modu les/
features required in your new website
and remove features no longer needed.
→ Develop custom modules, if any.

Step 3. After compiling a list of required
modules, we will set up a new D10 si te and
integrate the latest versions of the listed
Drupal modules and content structure. Our
team will then proceed with the installation,
configuration, and thorough testing of these
modules to ensure seamless functionality
according to your unique requirements.

Step 4. Migrating your data is a crit ical step
during the upgrade process. During this state
our team will
→ Perform an audit across content pages,
images, files and other data of your
website.
→ Delete and clean up content, images,
files and other data on your Drupal 7 site
before the migration.
→ Back-up your entire current website and
content. We’ll set up an automated
back-up schedule for both the current
D7 and new D10 websites.
→ Freeze content changes
→ Configure and customize each module
based on the unique feature
requirements.
→ Rebuild your current design from
scratch. We’ll run our migration stream
in parallel to both the backend build and
the theme work.

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 10 → Deploy a combination of automated and
manual processes for seamless
content migration.
→ Migrate web APIs for D7 to D9.
→ Implement r edirects to prevent 404
errors.
→ Perform a comprehensive test to
ensure the content and data has all
come across as expected.

Step 5. We’ll perform a comprehensive
testing on each individual component of your
new D10 website. We’ll test your website on
different devices and browsers to make sure
everyone can use your site. We’ll also test
your site performance and accessibility.

Your new website wil l be s ecured by
implementing various security best practice
such as
→ Authentication
o Login Security
o Password Policy
o Two-factor authentication
o ACL & Content Access - Role based
security for each section / department
→ Symphony Framework
→ Twig Templates
→ Secure WYSIWYG Editors using
CKEditor

Additionally, we ’ll inte grate various security
modules including Coder, Paronoia, Security
Kit, CAPTCHA, and Drupal Core Update.

Step 6. Launch your new D 10 site . By this
point, both your site has been through a
battery of tests, reviewed by your team
multiple ti mes, and any bugs have been
resolved. Now it’s time to move your new
website & mobile from our development
environment to its final staging and
production environments.

Prior to deployment, we’ll perform an
additional round of testing along with a series
of testing on your finial production
environment after deployment. We’ll leave no
stone unturned so that you can be confident
that your new website will be up and running
seamlessly. Our proposal includes setting up
and testing both the staging and live
environments and multiple rounds of testing
and monitoring through the warranty and
maintenance periods.

Providing project and timeline management
and delivering progress reports.

Our proposal includes a detailed project
timeline and work breakdown structur e,
encompassing each task with its respective
start and end dates. Additionally, we will
ensure effective communication through
weekly meetings, during which we will
provide project updates and comprehensive
progress reports to the City.

Ensuring compliance with Web Content
Accessibility Guidelines 2.0 (WCAG 2.0).

We’re recommending that your D10 website
use the AccessiBe online ADA compliance
user inte rface. Our proposal includes the
first-year licensing fees, testing, and setup
charges for the AccessiBe tool.

Why are we recommending AccessiBe to
handle your live online compliance needs?

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 11 First, AccessiBe will automatically crawl your
site every 24 hou rs, review and fix all
compliance issues to the WCAG 2.1 AA
standards (or most current AA standard).

Next, AccessiBe will provide your team with a
monthly compliance audit (as well as on
demand audit reports). AccessiBe will keep
your site running at or ne ar 100% ADA /
WCAG compliant so you don’t need to worry
about compliance audits. Finally, AccessiBe
also has a built -in language translator and
preset tailored compliance settings based on
approximately 80% of the most common
cognitive and visual impairments.

Working with City of Foster City staff and/or
consultants to do quality assurance testing
of migrated website, coordinate cutover
dates, and ensure expectations and
deadlines are met.

Once the testing plan is in place, we will
collaborate with the City staff to coordinate
cutover dates that accommodate all parties
involved. Our priority is to allow sufficient
time for testing, bug fixing, and necessary
modifications prior to the cutover date.

To ensure the timely achievement of
expectations and deadlines, we will establish
transparent communication channels and
milestones for the testin g and cutover
process. This will involve regular status
updates, progress reports, and stakeholder
meetings to review project progress.

Additionally, we will develop a contingency
plan to address any unforeseen issues that
may arise during testing or cutover.

Performing necessary front -end and back -
end work to facilitate the migration of the
site to Drupal 9/10.

Our team will utilize a combination of manual
and automated migration processes to
efficiently accomplish the migration to the
latest Drupal version, encompassing both
frontend and backend development tasks.

We will create essential content blocks and
types, ensuring automation where
appropriate and establish a user -friendly
system for seamless scalability in the future.

Providing reports to confirm that the
migration of content was complete and
successful.

We’ll verify that all agreed-upon content from
the existing D7 site has been migrated to the
latest version, D10. This includes ensuring
that the co ntent structure, metadata, media
files, and associated data have been
accurately transferred. We’ll conduct
thorough testing of each content type to
validate its integrity and functionality in the
new environment and provide all the testing
reports to the City.

Troubleshooting any issues that occur as a
result of the Drupal 9/10 migration, up to 14
days after cutover.

Our proposal includes a 100% satisfaction
warranty against bugs and performance
issues throughout the first 60-days following
the website’s “go-live” date. We’ll fix all bugs,
update the core CMS dashboard and
modules, provide regular backups of the
database and CMS platform, monitor the
website analytics, and continue to assist
through training and updates upon request.

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 12

Providing clear, detailed documentation of
the configuration of the migrated site.

As part of our deliverables, we will provide
comprehensive documentation that outlines
the configuration settings and setup of the
migrated site. This will include step -by-step
instructions, screenshots, and explanations
of the site's configuration, modules, theme
settings, content types, and any custom
functionalities implemented. Our goal is to
empower the City to have a thorough
understanding of the site's configuration,
enabling you to maintain and make future
enhancements to the site with confidence.

The vendor will need to be familiar with and
able to work with these technologies:
• Drupal, Composer, Drush, and PHP
• MySQL, MariaDB and other SQL
databases
• NGINX and Apache
• Solr search platform
• Standard AWS technologies such as
EC2, S3, RDS, etc.

Our team is highly proficient in the entire
technology stack mentioned above. We have
extensive experience working with Drupal
CMS, PHP, MySQL, Nginx, and Apache (LAMP
Stack). Additionally, we have hands -on
experience with the "openSolr" search
platform, which we currently utilize for the
"SCETV-KnowItAll" ongoing website project ,
and providing efficient indexed search
capabilities. Furthermore, we have a solid
track record of hosting websites using
standard AWS technologies, including EC2,
S3, and RDS.

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 13

Since 1999, Neumeric ha s been providing
technology solutions that have helped clients
achieve their key technology objectives –
updating modern websites, mobile
applications, and providing technology
solutions. Currently, +50% of our business is
in the public sector working clos ely with
state, city, county, and municipal clients. We
have over 1300 successful web and mobile
projects under our belt and in addition to
bringing clients digital visions to life we also
market our own SaaS healthcare applications
to clients across the US, Pan -Asia, and
Europe.

Our team is over 380 focused professionals
and we run a platform agnostic shop
regularly working with the recent and most
current versions of Drupal, WordPress,
Kentico, Cascade, DNN, ASP.Net, SharePoint,
and other open and closed sour ce CMS
platforms. As a full -service technology shop
our portfolio of services includes working in
various databases and operating
environments, creating custom mobile, web,
and enterprise applications, and providing
hosting, monitoring, and support service s to
a range of private and public sector clients.

We’re agile, we follow Scrum practices, and
we know that we’re only as good as our team
so we invest in training and encourage
continuing education throughout our firm.

As an active global community member our
projects span across the US and Asia and
giving back to our communities is part of our
culture. In fact, many of our products and
services are provided free of charge to
communities in need.

Few of our clients include:

Local Government:
→ The City of Milwaukee – Municipal
Court
→ The City of Decatur
→ Battery Park City Authority
→ Utah Housing Corporation
→ Miami Beach
→ Del Ray Beach
→ Minneapolis
→ Phoenix
→ Cincinnati Metro Housing authority
→ Palmdale Water Authority
→ Greenville, SC

State Government:
→ The State of Utah Department of
Veterans & Military Affairs
→ The State of Utah’s Department of
Commerce
→ Central Health Systems of Travis
County
→ The State of Ohio – Department of
Information Services
→ The State of Montana Department of
Public Health and Human Services
(DPHHS)
→ The State of Washington’s Department
of Retirement Systems

About Us

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 14 Education:
→ The University of Oklahoma – NCSBY
→ The State of Vermont 21 st Century
Community Learning Centers
→ Ohio State University
→ University of Akron
→ Cincinnati Public Schools
→ Baltimore County Public Schools
→ Chicago Public Schools

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 15

Reference 1
Company University of Oklahoma – NCSBY
Contact Denise Chambers
Email [email protected]
Phone (405) 271-.8858
Project Drupal 7 to Drupal 10 Migration

Reference 2
Company Milwaukee Municipal Court
Contact Timothy Richter
Email [email protected]
Phone (414) 286-3836
Project Court query website redesign

Reference 3
Company Battery Park City Authority
Contact Karl Koenig
Email [email protected]
Phone (212) 417-4240
Project BCPA application maintenance &
support contract.

References

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 16

University of Oklahoma

The Neumeric team is currently finishing up
the new website for the University of
Oklahoma - National Center on the Sexual
Behavior of Youth (NCSBY). Migrating from
Drupal 7 to Drupal 10 platform, the site
focuses on prom oting the NCSBY mission
and the distribution of key information,
resources, and training materials on a
national level to youth, parents, teachers,
medical professionals, state, and local
agencies, and to the law enforcement
community.

Challenges
→ Hard to find resources needed in an
expedited way
→ Resources page was too busy and hard
to navigate
→ Private resources section need ed
complete revamping - doing with the
LMS site.
→ Hard to access treatment resources
→ Website was too dense with information
→ Needed a better way to get feedback
from the website
→ Needed additional section for Mili tary,
Youth, LGBTQ, OJJDP, and various other
target audience
→ Event section was not visually appealing
and didn’t capture information correctly.

Similar Projects

5.6 Attachment 3 - Neumeric Technologies Proposal

107

City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 17 Solution
The new website built on Drupal 10 has
updated content and digital assets (which we
provided from stem to stern) that better tells
their unique story that focuses on their
service offerings and available user
resources. We added new functionalities and
3rd party integrations (pod casts, videos, and
links to partner sites). We created an updated
sitemap to address the user flow within the
site by highlighting the key information
sought by their targeted audiences within 2
clicks.

Some of the solution highlights include
→ Improved the overall functionality,
speed, and ease of use of the website.
→ Created a dynamic resource &
education section that provides
resource to professionals, families,
and the community with an easy to
navigate, filterable and a searchable
website, downloadab le training
materials (e.g., fact sheets, power
points, videos), calendar, and other
training material.
→ Organization of IA to simplify complex
information for various types of users.

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108

City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 18

The City of Milwaukee
Municipal Courts

The Challenge: The City of Milwaukee -
Municipal Court needed to redesign the
court’s query website. This turnkey public -
facing website provides defendants,
attorneys, media, and the general public with
the ability to search for cases and citations,
file not guilty plea, reschedule pre-trials, make
online payments, and register for juvenile
hearings.

The Solution: An updated modern website
using, one that is highly secure given the
privacy and security requirements, user -
focused, highly searchable, and easy to
navigate. Our solution also upd ated the old
search filter to take into account a case
lookup by case number, offender, offense
location, citation number and integrated a
seamless online payment system,
registration process for hearings, request an
arrangement rescheduling, and provides an
easy-to-use communication platform to the
various internal Court departments, local law
enforcement, local attorneys and for the local
media outlets. The redesign not only includes
a completely updated user experience but the
updated backend allows mult i-department
staff and agencies to easily make updates
and scale the front end as the city’s needs
change over time.

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109

City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 19

Key Elements of the project:
• CMS Upgrade
• Easy to navigate new design
• Powerful filterable search capabilities
• Faster performance and easy to use &
manage
• Device & browser agnostic
• Mobile-friendly / highly responsive
• Enhanced security
• ADA compliant (will mee the WCAG

2.1AA/ADA 508)
• Deployed, tested, and monitore d on
the Milwaukee Municipal Court's IIS
hosting platform

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 20 Utah Housing Corporation
Our team is currently finishing up the website
migration, updates and enhancements for
the Utah Housing Corporation.

UHC is a state organization responsible for
providing lending information, connecting
lenders to barrowers, and managing loans
throughout the state of Utah.

The project includes a complete rebranding
of the UHC site, the creation of a new style
guide for digital and print media, and the
complete redesign and migration of the
website using the new brand, style guidelines,
multiple 3rd party application integrations,
the creation of multiple rate calculators, new
forms and directories, and new page layouts
and designs throughout the website.

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 21

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 22

Few of our Drupal project details and services provided are outlined below.

Public/ Government Agency
CMS
Implementation &
Customization
On-demand
development
service
On-going
Maintenance
& Support
Service
University of Oklahoma - National
Center on the Sexual Behavior of Youth,
Drupal 7 to Drupal 9 (on-going project).

Yes Yes Yes
Neon Science Program funded by
National Science Foundation. Drupal
Customization (Drupal)
Yes Yes As needed
Cincinnati Public Schools – Drupal
based Web Applications, website, and
mobile application integration.

Yes Yes As needed
Knowitall.org – SCETV (Drupal) Yes Yes Yes
Gas Compressor Association, TX.

Drupal web application Yes Yes As needed
Other recent website redesign and development projects
The State of Montana Dept. of Public
Health and Human Services (DPHHS) Yes Yes As needed
The Central Health Systems of Travis
County Yes Yes Yes
Palmdale Water District Yes Yes Yes
Utah Housing Corporation Yes Yes Yes
The State of Washington Department of
Retirement System Yes Yes As needed
Battery Park City Authority Yes Yes Yes

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City of Foster City

N E U M E R I C
590 Enterprise Drive, Lewis Center OH 430 35 23

Local Address : 590 Enterprise Drive, Lewis
Center OH 43035
Location of Headquarters : 590 Enterprise
Drive, Lewis Center OH 43035
Number of years in software development :
+23 years
Number of overall employees: +380

About Our Company

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5 7
4 DATE: April 1, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: AGREEMENT WITH AVERO LLC FOR CONSULTING SERVICES

TO DEVELOP AN IT STRATEGIC PLAN IN AN AMOUNT NOT TO
EXCEED $59,617

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to sign an agreement with Avero LLC for the preparation of an IT Strategic Plan in an amount not to exceed $59,617.

EXECUTIVE SUMMARY
On April 17, 2023, the City Council approved issuance of a Request for Proposals (RFP) for the preparation of an IT Strategic Plan. After issuing RFP and conducting an extensive evaluation process, staff is recommending the proposal from Avero LLC for professional services to prepare an IT Strategic Plan. The total cost for all consulting services is $59,617.

The necessary funding is available within the Information Technology (IT) Professional Services Fund (504-0160-419-4251).

BACKGROUND/ANALYSIS
As technology has become increasingly important to the delivery of City services, an IT Strategic Plan (ITSP) will put in place a strong and innovative plan for the future of Foster City IT that aligns technology with the City’s strategic priorities. To develop this

5.7 5.7 Staff Report

115

5 7
4 plan, the consultant will collect data, schedule extensive interviews with stakeholders, and provide an objective analysis of the City’s current IT operations.

The ITSP will provide a coordinated, prioritized, multi-year, City-wide set of goals that can be used as a roadmap for the City’s IT Division. The ITSP will also benchmark the current IT environment and can continue to be referenced to measure progress toward completion of the goals contained in the ITSP.

The IT Division issued an RFP for Consulting Services to Prepare an IT Strategic Plan in April 2023 and received proposals from eight (8) vendors. The eight (8) vendors were then interviewed over Zoom by the IT Division. Based on the completeness of the proposals, answers provided in the interviews, reference checks, and pricing, the proposal from Avero LLC was chosen as the preferred vendor.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
This project is budgeted in FY 2023-2024 for $60,000.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability

ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Avero Proposal

5.7 5.7 Staff Report

116

1 9
2 4
RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH AVERO LLC FOR

THE PREPARATION OF AN IT STRATEGIC PLAN IN AN AMOUNT NOT TO EXCEED $59,617

CITY OF FOSTER CITY
WHEREAS, technology has become increasingly important to the delivery of City services; and
WHEREAS, The IT Strategic Plan (ITSP) will provide a coordinated, prioritized, multi-year, City-wide set of goals that can be used as a roadmap for the City’s IT Division; and
WHEREAS, a Request for Proposals (RFP) for Consulting Services to Prepare an IT Strategic Plan was released in April 2023 and competitive bids were received; and WHEREAS, based on the completeness of the proposals, answers provided in the interviews, reference checks, and price, the proposal from Avero LLC was chosen as the recommended vendor; and
WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute an agreement with Avero LLC, dated April 1, 2024, for Preparation of an IT Strategic Plan in an amount not to exceed $59,617.

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 April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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PROFESSIONAL SERVICES AGREEMENT
FOR

CONSULTANT SERVICES
This Agreement is made and entered into as of the 1st day of April, 2024 by and between the City of Foster City hereinafter called "CITY" and Avero LLC hereinafter called "CONSULTANT".

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

TERMS AND CONDITIONS

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

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

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum Fifty- Nine Thousand Six Hundred and Seventeen Dollars ($59,617). Invoices for amounts in excess of Fifty-Nine Thousand Six Hundred and Seventeen Dollars ($59,617) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

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

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

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

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Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

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

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

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

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.

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Rob Lasky
CONSULTANT: Avero LLC
512 W Broadway Ave. Maryville, TN 37801
(865) 415-3848
Attention: Megan Seaton
[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.

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22. Liability of CITY.

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

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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.

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

25. Entire Agreement. This Agreement, including Exhibits A, B, C, 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
Dated: _________________________________ Patrick Sullivan, Mayor
(for contracts $50,000 or more)
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Abhijit Verekar, Founder and CEO
[email protected]

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EXHIBIT A

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

DELIVERABLES FOR

CONSULTING SERVICES FOR DEVELOPMENT OF AN IT STRATEGIC PLAN

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated April 1, 2024, by and between Avero LLC, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

Description of the Project: Consulting services for development of an IT strategic plan

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
$59,617

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

Purchase Order/Check

3. TIMES OF PAYMENTS.

CONSULTANT will submit invoices monthly for hours used so far.

PROJECTS AND SCHEDULE
Project shall start upon execution of agreement, and will be complete within 4 months of start.

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

1. PROJECT DELIVERABLES
(Refer to CONSULTANT’s proposal for more detail, which is attached hereto and hereinafter incorporated by reference as Exhibit A-1)
1: Stakeholder Registry
2: Project Work Plan
3: Project Status Reports (Provided Throughout Project) 4: Project Update Meetings (Provided Throughout Project) 5: Business Process Inventory
6: Cybersecurity Risk Assessment
7: Current-State IT Assessment
8: IT Modernization Strategies
9: IT Strategic Roadmap
10: IT Strategic Plan

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2.CONSULTANT SERVICES.
(Refer to CONSULTANT’s proposal for more detail, which is attached hereto and hereinafter incorporated by reference as Exhibit A-1)
Phase One: Assessment

1. Project Planning & Kick-Off

2. Executive Visioning

3. Current-State Discovery

4. Cybersecurity Risk Assessment

5. Future-State Visioning

6. Current-State IT Assessment
Phase Two: Strategic Planning

7. IT Modernization Strategies

8. IT Strategic Roadmap

9. IT Strategic Plan

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE
For Services outside the scope of work for this project, the following hourly rates will apply:

Project Executive $250
Director of Advisory Services $225
Senior Manager $225
Project Manager $200
Senior Consultant $175

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EXHIBIT C

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☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. ☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.
☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

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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:

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

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

The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

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

Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of

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this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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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:

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: [Cyber Liability, Installation Floater, etc.]
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, 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.

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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 (“City”) and Avero LLC (“Consultant”) dated ___________________________.

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

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.

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

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

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

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

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

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

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

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

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Table of Contents
Cover Letter ..................................................... 3

Qualifications & Experience ........................... 5 Client References ............................................ 8 Project Team .................................................... 11 Project Approach & Methodology ................ 18
Project Timeline .............................................. 27 Project Budget ............................................... 28

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Cover Letter
May 24, 2023

City of Foster City
City Hall
Attn: Rob Lasky
610 Foster City Blvd.

Foster City, CA 94404

Dear Mr. Lasky,
The City of Foster City has a long track record of offering high-quality serv ices to its residents, and Avèro Advisors is thrilled at the prospect of joining your team for the Development of an IT Strategic Plan. You need an experienced partner with superior technical abilities & busi ness acumen in order for this project to succeed. Avèro Advisors is here as a partne r & advisor to guide you through each step of the project
journey so that your organization can
experience the success it deserves. With the
guidance of our firm, your organization will
have the opportunity to experience an
optimal IT environment, resulting in clear
benefits for both your staff & your residents.

Avèro Advisors is dedicated to transformin g
the way public sector organizations operate
internally and interact with their local
communities. Our holistic approach provides
tailored solutions that use resources
efficiently & cost-effectively, while still
delivering desired outcomes for our clients .

As evidenced by our firm’s successful
collaborations over many years, we are dedicated to building long-term relationships with our clients – relationships built on trust, respect, and a shared vision for the future – and take pride in being part of their journeys toward success. This proposal showcases how we succeed in modernizing the technology environments of government organizations across the cou ntry.

Our team possesses expertise in delivering information technology (IT) & cybersecurity assessments, IT strategic plans (ITSPs), business process analysis & redesign, requirements As you know, many companies are
technically strong in all things IT, but [not]
every firm can build the relationships
necessary to help an organization navigate
change. Avèro excelled in this aspect.

Technically strong, depth of knowledge and
an ability to speak in a language
management can understand. They don't
use only industry terms. They took us
through some discovery to make sure we
got the scope right. This was incredibly
important to the overall project.

Greg McClain, City Manager
City of Maryville, Tennessee

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definition, request for proposal (RFP) development, enterprise resource planning (ERP) system evaluation & consultation, and project management support services for various gov ernment organizations. You can be confident that we will prioritize the spe cific needs of your organization because our firm is a 100% independent thi rd-party consulting firm with no affiliation to software or hardware vendors. Additionally, as a certified Minority-Owned Business Enterprise (MBE) in multiple states, we place great emphasis on diversity & equity.

Above all else, our team has a shared commitment to your mission of “providing excellence in service to our community in a positive and caring manner.” We look forward to developing a long-term relationship with you & the City of Foster City so that we can help you achieve that mission.

Please note that the required vendor information (included on p. 2 of the City ’s RFP) is attached at the end of our proposal.

Sincerely,

Abhijit “AV” Verekar
President & CEO
Avèro Advisors
Headquarters | 512 West Broadway Avenue, Maryville, TN 37801 West Coast Office | 10396 East Caribbean Lane, Scottsdale, AZ 85255 Phone Number: (865) 415-3848 | Email: [email protected]

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Qualifications & Experience
Since our founding in 2016, Avèro Advisors has established itself as a premier provider of IT strategic advisory services to public sector organizations nationwide by successfully delivering the desired results on time & within budget. Our core offerings include IT infrastructure analysis, cybersecurity & organizational assessments, IT strategic planning, busines s process analysis & redesign, RFP development, ERP system selection assistance, and ERP system implementation support. By providing services like these, we enable our c lients to unlock the full potential of both their staff resources & fiscal resources throug h the optimization of business processes & technology. The Who We Are chart below demonstrates a few key aspects of our firm that make us stand out from our competitors.

Who We Are

As instructed in the City’s RFP, we have included specific details about our company below:

Headquarters: 512 West Broadway Avenue | Maryville, TN 37801 West Coast Office: 10396 East Caribbean Lane | Scottsdale, AZ 85255 Number of years in IT Assessments and Strategic Planning: 7 years Number of overall employees: 15
Avèro Advisors is the ideal partner to help government organizations mode rnize their IT environments by providing strategic technology advice. Our team has a wealth of e xperience, which enables us to develop strategies that meet both urgent needs & long -term goals. Our team prides itself on being large enough to serve our valued clients yet small enough to know them well. We have served clients across the United States, as shown in the Client Map below.

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Client Map

The Software Experience chart below includes the many software vendors & systems that our team has experience with.

Software Experience

The IT Strategic Planning Clients table below lists the clients that we have performed/are performing IT strategic planning services for, as well as each specific proje ct scope.

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IT Strategic Planning Clients

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Client References
Avèro Advisors has an established track record of success in modernizing the IT environments of public sector organizations. Our firm is skilled in each step of the IT assessment & IT strategic planning process, which is evidenced by the five references client references & project descriptions below.

City of Dania Beach, Florida
Project Name: IT Assessment & Master Plan
Contact Name: Mr. Darryl McFarlane, IT Division Director Contact Information: (954) 924-6800 ext. 3717 | [email protected] Address: 100 West Dania Beach Boulevard, Dania Beach, FL 33004 Date of Services: November 2022 – March 2023
Avèro was contracted by the City of Dania Beach, Florida to conduct a c omprehensive IT assessment and develop an IT Master Plan for the City. Avèro's Project Team assessed the City’s current-state IT environment by conducting interviews with key inte rnal stakeholders regarding network infrastructure, IT service delivery, and enterprise software systems used to support City operations. Avèro then worked with the City's IT Division to eval uate the City's cybersecurity environment, assessing its documentation against the 22-p oint National Institute of Standards & Technology (NIST) cybersecurity framework. Follow ing the data gathering, Avèro’s Project Team conducted a gap analysis to identify emergent gaps between the current state & the optimized future state of the City’s IT D ivision. The Project Team developed and prioritized the proposed IT modernization strategies and subsequentl y provided and presented the IT Master Plan Report to the City.

City of Maryville, Tennessee
Project Name: IT Assessment & Strategic Plan, Business Process Mapping, and ERP Advisory Services
Contact Name: Mr. Greg McClain, City Manager
Contact Information: (865) 273-3401 | [email protected] Address: 400 West Broadway Avenue, Maryville, TN 37801
Date of Services: February 2018 - Ongoing
Avèro was contracted by the City of Maryville, Tennessee to create a multi-year IT Modernization Strategic Plan (ITMSP). After Avèro’s Project Team conducted an IT ass essment to evaluate the current state of the City’s IT environment, we developed an ITMSP. The aim of developing the ITMSP was to guide the City in optimizing its IT environm ent efficiently & cost- effectively and to provide them with clear strategic recommendations.

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Additionally, because the City had an outdated Financial & Human Resources ERP system (Harris GEMS) in place & because vendor support of the City’s version of Harris GEMS ended in 2018, Avèro was also contracted to provide ERP advisory services to the City. To advise the City about the best next steps to take, our team performed business process analysis across many City departments, including Development Services, Financial Services, Fleet, Human Resources, Public Utilities, and Public Works. This analysis enabled Avèro to identify current limitations and map out the future state of critical business processes. Our team subsequently guided the City through system requirements definition, RFP development, ERP sy stem evaluation, and selection for various enterprise solutions (i.e., Asset Management, Financial, Fleet, Human Resources, and Procurement). Avèro ’s Project Team assisted the City through contract negotiations with the selected vendors (CSA Software & Tyler Technologies). Avèro is currently serving as the Executive Project Manager for the City, including managing the City’s enterprise system implementations.

City of Mequon, Wisconsin
Project Name: IT Assessment & Strategic Plan
Contact Name: Mr. Justin Schoenemann, Assistant City Administrator Contact Information: (262) 236-2942 | [email protected] Address: 11333 North Cedarburg Road, Mequon, WI 53092
Date of Services: May 2021 – September 2021
Avèro was contracted by the City of Mequon, Wisconsin to assess the current state of the IT infrastructure & staffing for approximately 12 City departments. The scope of services included but was not limited to conducting an IT infrastructure assessment ( including hardware, software, and systems), an IT staffing analysis, a gap analysis, and a current-state analysis, as well as developing strategic recommendations. Avèro’s Project Team subs equently identified and documented a comprehensive IT Strategic Roadmap & ITSP to guide the City’s IT infrastructure & IT staffing decision-making through the next three to fiv e years. Following the completion of the ITSP, Avèro presented the key findings to the Common Council.

City of Piqua, Ohio
Project Name: IT Assessment, ITSP, and ERP Replacement Planning Contact Name: Mr. Paul Oberdorfer, City Manager
Contact Information: (937) 778-2051 | [email protected] Address: 505 West Water Street, Piqua, OH 45356
Date of Services: February 2022 – Ongoing
Avèro was contracted by the City of Piqua, Ohio to conduct a comprehensiv e IT Assessment and develop an ITSP for the City. Avèro's Project Team assessed the City’s current -state IT environment by conducting interviews with key internal stakeholders regarding cybersecurity protocols, network infrastructure, and enterprise software systems used to support City

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operations. Avèro then conducted visioning sessions with City stakeholders to discuss how the City envisions using modern technologies as a tool to move the organ ization forward in the years to come. Following the data gathering, Avèro’s Project Team conducte d a gap analysis to identify emergent gaps between the current state & the optimized f uture state of the City’s IT program. After developing and prioritizing the proposed IT modernization strateg ies, Avèro prepared and presented the ITSP Report. Our team is currently assisting the Ci ty with the replacement of its current ERP software (Springbrook).

Pittsylvania County, Virginia
Project Name: Information Technology Strategic Plan
Contact Name: Mr. Nicholas Morris, Project Manager
Contact Information: (434) 770-0360 | [email protected] Address: 1 Center Street, Chatham, VA 24531
Date of Services: August 2020 – November 2020
Avèro was contracted by Pittsylvania County, Virginia to assess the current sta te of the IT infrastructure (including hardware, software, and network) for approximately 17 County departments. These 17 departments included the County Administrator’s Off ice, County Attorney, Community Development, Finance, Human Resources, IT, and Publi c Safety. The scope of services included but was not limited to developing an IT Current-State Assessment, conducting a gap analysis, and developing strategic recommendations. Avèro’s Project Team subsequently identified and documented a comprehensive IT Strategic R oadmap & ITSP to guide the County’s IT decision-making efforts through the next three years.

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Project Team
Avèro Advisors has assembled a highly qualified team for the Development of an IT Strategic Plan for the City of Foster City. This diverse group brings an abundant amount of experience in developing IT assessments & IT strategic plans for public sector cl ients across the country, as shown through their brief bios, along with their detailed resumes, include d below. We do not intend to use subcontractors for this engagement.

Abhijit “AV” Verekar | Project Executive is a certified Project Management Professional (PMP) with a Master of Business Administration (MBA) from Cleveland State University & a Master of Commerce (M.COM.) from Goa University. He has over 15 years of experience serving the public sector as an IT advisory professional.

Using his extensive experience leading IT & organizational modernization initiatives with state & local government agencies across the United States, he has helped his clients achieve significant efficiencies through IT strategic planning, cybersecurity, business process redesign, project management, and implementation for various enterprise systems.

Robert Kornovich | Director of Advisory Services is a Certified Public Manager (CPM) through Arizona State University with a Project Management Certificate & a Bachelor of Arts (BA) from Arizona State University. He has over 20 years of experience providing IT strategic planning services, organizational development services, and system implementation services to public sector clients. He is a subject matter expert on ERP vendors & their product offerings, customer service improvement, and the alignment of people, processes, and technology to maximize organizational resources & funding.

Andrew Hayes | Senior Manager is a certified Project Management Professional (PMP) with a Master of Business Administration (MBA) & a Master of Organizational Development (MOD), both from Case Western University. His experience includes 15 years of successfully lead ing change management & modernization projects in the public, private, and nonprofit sectors. He utilizes an appreciative approach to consulting that facilitates the identification, prioritization, and resolution of critical challenges, whether driven by people, processe s, or technology. He creates value by establishing collaborative, cross- functional partnerships that focus on both organizational strengths & opportunities for continuous improvement.

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Tyler Gallant | Project Manager completed his Bachelor of Science (BS) from Western Governors University. The project activities that he has completed for public sector organizations include IT & organizational infrastructure analysis, data analysis, gap analysis, SWOT analysis, business process mapping & redesign, requirements analysis & development, ERP system modernization , and program/project management. He has assisted many clients with identifying and implementing the IT improvements necessary to foster significant positive change and thus create a better experience for staff & citizens.

Nora Varela-Acevedo | Senior Consultant completed her Bachelor of Arts (BA) from the University of California, Berkeley. Her role at Avèro Advisors has involved participating in several ERP system consulting & implementation support projects. She is a skilled change management consultant with a strong background in database frameworks & how they impact system migrations & scalability. She is passionate about bridging the technical side of change with the people side of a change, which is often the most challenging yet critical component of an organizational transformation.

The
Project Team Chart below displays the organization of our Proposed Project Team for the Development of an IT Strategic Plan endeavor.

Project Team Chart

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ABHIJIT VEREKAR, PRESIDENT & CEO
Professional Summary
Abhijit "AV" Verekar is a certified Project Management Professi onal (PMP) with a Master of Business Administration (MBA) from Cleveland State University & a Master of Commerce (M.COM.) from Goa University. He has over 15 years of experience serving the public sector a s an IT advisory professional.

Using his extensive experience leading IT & organizational modernization initia tives with state & local government agencies across the United States, he has helped his clients achieve significant efficiencies through IT strategic planning, cybersecurity, business process redesign, proj ect management, and implementation for various enterprise systems.

Avèro Advisors Clients
• Town of Estes Park, CO
• Town of Farragut, TN
• Town of Payson, AZ
• Town of Warrenton, VA
• City of Alcoa, TN
• City of Charlottesville, VA
• City of Dania Beach, FL
• City of Dixon, CA
• City of Lethbridge, Alberta
• City of Macedonia, OH
• City of Manassas Park, VA
• City of Maricopa, AZ
• City of Maryville, TN
• City of Mequon, WI
• City of Niagara Falls, NY
• City of Piqua, OH
• City of Scranton, PA
• City of Show Low, AZ
• City of Wilsonville, OR
• Blount County, TN
• Knox County, TN
• Mendocino County, CA
• Monroe County, NY
• Pittsylvania County, VA
• Union County, NC
• Cambridge Housing Authority, MA
• Hillsborough County Public Schools, FL
• Knoxville’s Community Development
Corporation, TN
• Legal Aid of Nebraska, NE
• Maricopa Association of Governments, AZ
• Nashville Record Pressing, TN
• Nevada Rural Housing, NV
• Reno Housing Authority, NV
• Santa Clara County Housing Authority, CA
• Susquehanna Area Regional Airport
Authority, PA
• Tulsa Airports Improvement Trust, OK

• Valley Regional Transit, ID
Skills
• Business Process Analysis & Redesign
• Contract Negotiations
• Enterprise System Evaluation, Selection, and
Implementation
• GIS Strategic Planning
• IT Strategic Planning
• Project Management
• Requirements Definition
Certifications + Education
• Project Management Professional - Certification No. 1338765 - Project Management Institute • Master of Business Administration, Finance - Cleveland State University (Cleveland, OH) • Master of Commerce, Accounting & Finance - Goa University (Goa, India) • Bachelor of Commerce - Goa University (Goa, India)

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ROBERT KORNOVICH, DIRECTOR OF ADVISORY SERVICES
Professional Summary
Robert Kornovich is a Certified Public Manager (CPM) through Arizona State Universit y with a Project Management Certificate & a Bachelor of Arts (BA) from Arizona State Universit y. He has over 20 years of experience providing IT strategic planning services, organizational developme nt services, and system implementation services to public sector clients. He is a subject matte r expert on ERP vendors & their product offerings, customer service improvement, and the alignment of p eople, processes, and technology to maximize organizational resources & funding.

Avèro Advisors Clients
• Town of Estes Park, CO
• Town of Farragut, TN
• Town of Payson, AZ
• Town of Warrenton, VA
• City of Alcoa, TN
• City of Dania Beach, FL
• City of Dixon, CA
• City of Lethbridge, Alberta
• City of Macedonia, OH
• City of Manassas Park, VA
• City of Maricopa, AZ
• City of Maryville, TN
• City of Mequon, WI
• City of Niagara Falls, NY
• City of Piqua, OH
• City of Scranton, PA
• City of Show Low, AZ
• City of Wilsonville, OR
• Blount County, TN
• Knox County, TN
• Monroe County, NY
• Pittsylvania County, VA
• Union County, NC
• Cambridge Housing Authority, MA
• Hillsborough County Public Schools, FL
• Knoxville’s Community Development
Corporation, TN
• Legal Aid of Nebraska, NE
• Maricopa Association of Governments, AZ
• Nevada Rural Housing, NV
• Reno Housing Authority, NV
• Santa Clara County Housing Authority, CA
• Susquehanna Area Regional Airport
Authority, PA
• Tulsa Airports Improvement Trust, OK

• Valley Regional Transit, ID
Skills
• Business Process Analysis & Redesign
• Customer Service Experience Management
• Enterprise System Evaluation, Selection, and
Implementation
• GIS Strategic Planning
• IT Strategic Planning
• Project Management
• Project Roadmap & Comprehensive Vision
Building
• Requirements Definition
Certifications + Education
• Certified Public Manager - Arizona State University (Tempe, AZ) • Project Management Certification - Arizona State University (Tempe, AZ) • Member of IACP (International Association of Chiefs of Police) • Member of ICMA (International City/County Management Association) • Bachelor of Arts, German - Arizona State University (Tempe, AZ)

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ANDREW HAYES, SENIOR MANAGER
Professional Summary
Andrew Hayes is a certified Project Management Professional (PMP) with a Master of Business Administration (MBA) & a Master of Organizational Development (MOD), both from Case We stern University. His experience includes 15 years of successfully leading change management & modernization projects in the public, private, and nonprofit sectors. He utilizes an apprec iative approach to consulting that facilitates the identification, prioritization, and resolution of crit ical challenges, whether driven by people, processes, or technology. He creates value by establishing collab orative, cross-functional partnerships that focus on both organizational strengths & opportunities for continuous improvement.

Avèro Advisors Clients
• City of Alcoa, TN
• City of Charlottesville, VA
• City of Dania Beach, FL
• City of Dixon, CA
• City of Lethbridge, Alberta
• City of Macedonia, OH
• City of Maricopa, AZ
• City of Maryville, TN
• City of Mequon, WI
• City of Niagara Falls, NY
• City of Piqua, OH
• City of Scranton, PA
• City of Show Low, AZ
• City of Wilsonville, OR
• Blount County, TN
• Pittsylvania County, VA
• Union County, NC
• Cambridge Housing Authority, MA
• Hillsborough County Public Schools, FL
• Knoxville’s Community Development
Corporation, TN
• Legal Aid of Nebraska, NE
• Maricopa Association of Governments, AZ
• Reno Housing Authority, NV
• Santa Clara County Housing Authority, CA
• Susquehanna Area Regional Airport
Authority, PA
• Tulsa Airports Improvement Trust, OK
• Valley Regional Transit, ID
Skills
• Business Process Analysis & Redesign
• Contract Negotiations
• Enterprise System Evaluation, Selection, and Implementation • IT Strategic Planning
• Project Management
• Requirements Definition
Certifications + Education
• Project Management Professional - Certification No. 1239835 - Project Management Institute • Master of Business Administration – Case Western Reserve University (Cleveland, OH) • Master of Organizational Development – Case Western Reserve University (Cleveland, OH) • Bachelor of Science, Business Administration – University of Akron (Akron, OH)

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TYLER GALLANT, PROJECT MANAGER
Professional Summary
Tyler Gallant completed his Bachelor of Science (BS) from Western Governors Unive rsity. The project activities that he has completed for public sector organizations include IT & organizational infrastructure analysis, data analysis, gap analysis, SWOT analysis, business process mapping & redesign, requirements analysis & development, ERP system modernization, and program/project management. He has assisted many clients with identifying and implementing the IT improvement s necessary to foster significant positive change and thus create a better experience for staff & citizens.

Avèro Advisors Clients
• Town of Farragut, TN
• Town of Warrenton, VA
• City of Charlottesville, VA
• City of Dania Beach, FL
• City of Lethbridge, Alberta
• City of Maricopa, AZ
• City of Maryville, TN
• City of Mequon, WI
• City of Niagara Falls, NY
• City of Piqua, OH
• City of Wilsonville, OR
• Knox County, TN
• Union County, TN
• Knoxville’s Community Development Corporation, TN
• Legal Aid of Nebraska, NE
• Nashville Record Productions, TN
• Santa Clara County Housing Authority, CA
Skills
• Business Process Analysis & Redesign
• Data Gathering & Analysis
• Enterprise System Evaluation, Selection, and Implementation • IT Strategic Planning
• Project Management
• Requirements Definition
Certifications + Education
• Bachelor of Science, Business Management – Western Governors University (Franklin, TN)

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NORA VARELA-ACEVEDO, SENIOR CONSULTANT
Professional Summary
Nora Varela-Acevedo completed her Bachelor of Arts (BA) from the University of California, Berkeley. Her role at Avèro Advisors has involved participating in several ERP system c onsulting & implementation support projects. She is a skilled change management consultant with a strong background in database frameworks & how they impact system migrations & scalability. She is passionate about bridging the technical side of change with the people side of a change, which is often the most challenging yet critical component of an organizational transformation.

Avèro Advisors Clients
• City of Maryville, TN
• City of Piqua, OH
• Monroe County, NY
Pre-Avèro Advisors Clients
• Class Uniforms Inc., TX
• Green Box, CA
• Laredo Container Services, TX
Skills
• Area of Responsibility (AoR) Analysis
• Business Process Analysis & Redesign
• Change Management
• Corporate Learning
• Data Validation & Verification
• Diversity & Inclusion Initiatives
• Enterprise System Evaluation, Selection, and Implementation • Mediation
• Project Management Assistance
Certifications + Education
• Bachelor of Arts, Political Science: Emerging Economies and Effective Public Communication - University of California, Berkeley (Berkeley, CA)

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Project Approach & Methodology
Avèro Advisors understands that the City of Foster City desires a qu alified firm to develop a five-year strategic plan with both short-term & long-term guidance for the City to optimize its IT environment based on a thorough assessment of its needs. By reviewing the City’s current IT Division & IT infrastructure, we will meet the City’s goal of ensuring that business technology services allow for innovative, progressive improvements in the City’s busi ness processes to ensure high-quality services are delivered to City visitors, residents, and businesses in the most efficient & effective ways.

Our People, Process, and Technology (PPT) Approach for every IT modernizatio n project that we execute can be summarized in the following diagrams.

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For the City of Foster City’s Development of an IT Strategic Plan endeavor, Avèro Advisors will draw on our extensive industry expertise & experience to fulfill all of the City’s project requirements. The Proposed Project Methodology below, which was developed exclusively for the City, outlines how the City’s IT needs & desires will be fu lfilled, while leaving room for feedback from the City’s project sponsors. We are dedicated to offering practical solutions that stay within the City’s budget & timeline limitations and honor the City’s core values.

Proposed Project Methodology

1. Project Planning & Kick-Off
Our team will plan for the project and hold a kick-off meeting with the City’s project sponsors to assimilate project expectations. This project task will include the following:
• Introduce our Project Team for this engagement
• List City stakeholders who will be involved in this engagement o Develop a Stakeholder Registry of all the relevant City stakeholders who will have a role in the current-state discovery process & future-state visioning process • Identify roles & responsibilities for City leaders for this engagement • Present a detailed Project Work Plan, including project tasks, goals, time frames, deliverables, and milestones, and finalize it with feedback & approval of the City • Discuss the contents of the weekly Project Status Reports that will be provided to the City’s project sponsors

1. Project
Planning
& Kick Off

Phase One:

Assessment
. Executive
Visioning
. Current
State
Discovery
. Cyber
security Risk
Assessment
. Future
State
Visioning
. Current
State IT
Assessment

7. IT
Modernization
Strategies
. IT Strategic
Roadmap . ITSPPhase Two:

Strategic Planning
Duration: months
Duration: 1 month
Phase One: Assessment

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• Determine a meeting time for the weekly Project Update Meetings that will cover the details of the Project Status Reports and be held with the City’s project sponsors • Answer any questions from meeting attendees

Sample Project Work Plan – Dania Beach, FL – IT Assessment & Master Plan

Sample Project Status Report – Dania Beach, FL – IT Assessment & Master Plan

Deliverable 1: Stakeholder Registry
Deliverable 2: Project Work Plan
Deliverable 3: Project Status Reports (Provided Throughout Project) Deliverable 4: Project Update Meetings (Provided Throughout Project)

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2. Executive Visioning
Our team will facilitate an Executive Visioning Session with the City’s Executive Leadership to better understand the long-term vision that they have for the City’s IT environment. We will gather their ideas for internal efficiencies driven by technology & enhanced service delivery to City staff & residents. We will apply our knowledge of industry best practices, as well as our in- house knowledge base, to guide the discussion towards identifying and documenting a high- level vision that will inform the City’s long-term IT strategy.

3. Current-State Discovery
Our team will conduct current-state discovery across all relevant Ci ty departments to gain a comprehensive understanding of the current-state IT environment. This pr oject task will include the following:
• Collect documents that are transferred within the City’s current-state IT environment, including documentation relevant to the following main areas:
o IT infrastructure (including hardware, software, applications, networks, desktop & mobile functions, business systems & requirements, storage, i ntegration, connectivity, cybersecurity, and business continuity & emergency preparedness) o Staffing resources (including levels & skills, roles & responsibilities, internal & contracted employees, performance measures, and IT organizational structure) o Business policies, processes, and procedures
o Needs & opportunities (including funding, communications, GIS program, enterprise architecture integration, SharePoint, replacement options, and organizational change) • Analyze data sources, such as software systems & applications, outside spreadsheets, and information transferred in paper format within the current-state IT environment • Develop a Business Process Inventory for us to track departmental proce sses, process owners, and statuses of the included processes within the current-state IT environment • Hold Current-State Discovery Sessions with City stakeholders identifie d on the Stakeholder Registry to understand how City staff view the following main areas of the current-state IT environment:
o IT infrastructure (including hardware, software, applications, networks, desktop & mobile functions, business systems & requirements, storage, i ntegration, connectivity, cybersecurity, and business continuity & emergency preparedness) o Staffing resources (including levels & skills, roles & responsibilities, internal & contracted employees, performance measures, and IT organizational structure) o Business policies, processes, and procedures
o Needs & opportunities (including funding, communications, GIS program, enterprise architecture integration, SharePoint, replacement options, and organizational change)

Deliverable 5: Business Process Inventory

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Sample Discovery Questionnaire – Dania Beach, FL – IT Assessment & Master Plan

4. Cybersecurity Risk Assessment
Our team will conduct a high-level Cybersecurity Risk Assessment on the City’s current technology infrastructure. This project task will include the following:
• Identify enterprise risks, prioritize them, and highlight opportunities to m itigate known & unknown risks going forward proactively
• Perform a thorough review of security policies & procedures, system architecture, network architecture, physical access, and various security systems • Utilize industry-leading network & infrastructure diagnostic tools, such as PDQ Deploy & PDQ Inventory, to collect specific data on the City’s hardware, software, and networks for in-depth analysis and identify gaps, improvements, efficiencies, opti mized processes, refined IT organizational structure & online collaboration tools, enhanced sec urity resiliency, and streamlined operations for the future state • Take the City through a National Institute of Standards and Technology (NIST)-b ased security assessment that will identify security deficiencies throu ghout the organizatio n that could allow a breach of sensitive & confidential data and will include the following risk areas at a minimum:

Incident Response Plan Encryption
Disaster Recovery Plan DLP for Personally Identifiable Information Business Continuity Plan Utilize All Owned Security Features Documented Policies & Procedures Verification Methods Used & Documented Cybersecurity Education Controlled Use of Custom Programming Data Protection Level Set Expectations for Sensitive Data Policies Governing Employee Data Access ITIL Foundations

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Vulnerability Scanning Physical Security
Active Network Monitoring Cybersecurity Officer of Designee Multi-Factor Authentication Segmented & Secured Wi-Fi
Automate Threat Detection & Response SaaS Vendor Requirements

5. Future-State Visioning
Our team will conduct future-state visioning across all relevant Ci ty departments to gain a comprehensive understanding of the ideal future-state IT environment. This project task will include the following:
• Hold Future-State Visioning Sessions with City stakeholders identi fied on the Stakeholder Registry to understand how the City staff envisions the following main areas of the City’s future-state IT environment:
o IT infrastructure (including hardware, software, applications, networks, desktop & mobile functions, business systems & requirements, storage, i ntegration, connectivity, cybersecurity, and business continuity & emergency preparedness) o Staffing resources (including levels & skills, roles & responsibilities, internal & contracted employees, performance measures, and IT organizational structure) o Business policies, processes, and procedures
o Needs & opportunities (including funding, communications, GIS program , enterprise architecture integration, SharePoint, replacement options, and organizational change)

6. Current-State IT Assessment
Our team will develop a thorough Current-State IT Assessment that details the needs & desires of the City related to their IT environment. This project task will include the following:
• Document strengths, weaknesses, opportunities, and threats impacting criti cal IT operations (i.e., a SWOT analysis)
• Document gaps between the current-state IT environment & the future-s tate IT environment (i.e., a Gap Analysis)
• Provide an analysis of each of the following main areas of the City ’s IT environment:
o IT infrastructure (including hardware, software, applications, networks, desktop & mobile functions, business systems & requirements, storage, i ntegration, connectivity, cybersecurity, and business continuity & emergency preparedness) o Staffing resources (including levels & skills, roles & responsibilities, internal & contracted employees, performance measures, and IT organizational structure) o Business policies, processes, and procedures
o Needs & opportunities (including funding, communications, GIS program , enterprise architecture integration, SharePoint, replacement options, and organizational change) Deliverable 6: Cybersecurity Risk Assessment

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• Develop a high-level analysis of the City’s current IT expenditures & timelines • Finalize the Current-State IT Assessment with the City’s project sponsors

7. IT Modernization Strategies
Our team will develop IT Modernization Strategies that will subsequently be incorporated in the IT Strategic Roadmap. This project task will include the following:
• Conduct a best practices review to understand the IT best practices of similar public sector organizations so that the City can understand how to align their best practices with the best practices of other organizations
• Recommend IT Modernization Strategies to strategically resolve the gap s previously identified between the City’s current-state IT environment & the City’s ideal future-state IT environment, based on our best practices research & our years of experience working with clients like the City of Foster City
• Ensure that the proposed IT Modernization Strategies are specific, measurab le, actionable, realistic, and timely (SMART)
• Discuss and validate the IT Modernization Strategies with the City’s project sponsors to ensure strategic & cultural alignment
• Rank the strategies based on the anticipated degree of impact, associate d cost, and implementation timeline
• Hold an interactive review session with the City’s project sponsors to finalize the prioritization of the strategies

8. IT Strategic Roadmap
Our team will develop an IT Strategic Roadmap once the IT Modernization Strategies have been finalized and ranked appropriately. The IT Strategic Roadmap will be a high- level roadmap of the technology areas within the City, such as cybersecurity, storage technology, IT governance, and document management & retention. It will be in the form of a Gannt chart and will include each IT Modernization Strategy in prioritized order, along with an associated tim eframe (i.e., immediate, short-term, or long-term). Upon developing the IT Strategi c Roadmap, we will finalize it with the City’s project sponsors.

Deliverable 7: Current-State IT Assessment
Phase Two: Strategic Planning
Deliverable 8: IT Modernization Strategies
Deliverable 9: IT Strategic Roadmap

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Sample IT Strategic Roadmap – Mequon, WI – IT Assessment & Strategic Plan

9. ITSP
Our team will develop a thorough ITSP based on the prioritized strategie s in the IT Strategic Roadmap. The ITSP will guide the City as it plans, procures, implements, and manage s current & future technology investments & resources over the next five years. This project task will include the following:
• Incorporate the IT Modernization Strategies that advantageously identify opportuni ties to improve service offerings, build operational efficiencies through in tegrated enterprise technology, enhance cybersecurity, optimize workflows, reduce costs, and im prove technology to align with the City’s objectives
o Include a justification for each strategy, as well as the estimated timeline, estimated costs, and estimated resources required to implement each strategy o Include a brief implementation plan for each strategy that describes h ow the City can successfully execute the strategy
• Discuss and validate the draft ITSP with the City’s project sponsors o Explain the logic & methodology of the ITSP
o Answer any questions that the City’s project sponsors have o Modify the draft ITSP based on the feedback from the City’s project sponsors o Share the final version of the ITSP with the City’s project sponsors • Present the final ITSP to the City’s Executive Leadership

Deliverable 10: ITSP

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Sample ITSP – Mequon, WI – IT Assessment & Strategic Plan

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Project Timeline
Based on our past experience executing projects similar in scope & complexity to City of Foster City’s Development of an IT Strategic Plan project, Avèro Advisors estimates a timeline of three months for the project’s duration. The Estimated Project Timeline below (subject to input from the City’s project sponsors) includes each project phase & activity. We are committed to working closely with the City to ensure that the project does not exceed the proposed timeline.

Estimated Project Timeline

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Project Budget
Avèro Advisors proposes the following rates in the Hourly Rate Chart & the following project costs in the Estimated Project Budget in order to complete the Development of an IT Strategic Plan project for the City of Foster City. Based on our past experience executing projects similar in scope & complexity to the City’s Development of an IT Strategic Plan project, Avèro Advisors estimates a cost of $59,617 to complete the project. The Estimated Project Budget below (subject to input from the City’s project sponsors) includes each project phase & activity.

We are committed to working closely with the City to ensure that the pr oject does not exceed the proposed cost. If any project tasks outside the scope of the i nitial contract arise, they will be billed separately at the individual rates listed in the Hourly Rate Chart , upon prior written approval from the City of Foster City & Avèro Advisors. Invoices for complete d services will be submitted monthly by Avèro Advisors. We remain flexible in our approach and we lcome any feedback for modifications that the City may deem necessary.

Hourly Rate Chart
Project Team Role Hourly Rate
Project Executive $250
Director of Advisory Services $225
Senior Manager $225
Project Manager $200
Senior Consultant $175
Estimated Project Budget

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City of Foster City RFP – Development of an IT Strategic Plan Project 2 The City of Foster City requests pricing/proposals for a Project to Develop an IT Strategic Plan.

Pricing is to include professional services for development, review, and presentation of the plan as well as project management.

The City of Foster City is interested in receiving proposals from qualified vendors with experience developing IT Strategic Plans for local government agencies.

TO: Rob Lasky
[email protected]
Due Date: 5/24/2023
The undersigned proposes to provide solution and installation services to the City for the stated prices in accordance with the terms and conditions set forth in this document.

VENDOR:

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

Title of Officer Federal I.D. Tax Number
Avèro, LLC (DBA Avèro Advisors)
Abhijit Verekar

President & CEO
512 West Broadway Avenue

Maryville, TN 37801
(865) 415-3848

81-3959556

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5 7
5 DATE: April 1, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: AUTHORIZING THE MAYOR TO EXECUTE THREE (3) FOUR-

YEAR AGREEMENTS WITH UTILITY TELECOM FOR INTERNET
SERVICES AT THREE (3) CITY FACILITIES IN AN AMOUNT NOT
TO EXCEED $225,000

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to sign three (3) four-year contract renewals with Utility Telecom for Internet Services at three (3) City Facilities (City Hall, Corp Yard, and Sea Cloud Park) for a total amount not to exceed $225,000, billed monthly.

EXECUTIVE SUMMARY
With increased utilization of cloud-based Software as a Service (SaaS) applications and the ever increasing volume of computer data, the City’s current internet speeds are becoming a bottleneck in day-to-day business activities. Increasing the speed of the City’s internet circuits will accommodate the needs of today’s applications, and prepare us for future data needs as well.

BACKGROUND/ANALYSIS

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5 7
5 The City currently has agreements with two (2) internet providers, Utility Telecom and Etheric Networks. The following table outlines the services these vendors provide:

Vendor Services Provided
Utility Telecom •Primary internet circuit (150Mbps)
•Data circuit to Corpyard (50Mbps)
•Data circuit to Sea Cloud Park (20Mbps)
•Managed Router (hardware)
•SIP trunks to connect the telephone system to the global telephone network
Etheric Networks •Failover internet circuit
•This circuit is also used for all guest network traffic The current three-year contract with Utility Telecom was signed in 2020, but did not go into effect until November 2022, due to delays in the installation of the Corp Yard and Sea Cloud Park circuits. These new circuits were needed because prior to 2020, Corp Yard and Sea Cloud Park had been connected to City Hall for free via dark fiber provided by the City’s cable franchise agreement with Comcast. When the City’s franchise agreement expired in 2020, Comcast took advantage of DIVCA (Digital Infrastructure and Video Competition Act - Public Utilities Code § 5840) and renewed their cable franchise agreement with the State of California, and the State’s franchise agreement did not include dark fiber.

Recently, the IT Division has seen an uptick in the City’s internet bandwidth demands and in January, received numerous calls from users reporting slow or unresponsive web pages. After investigating, staff found that this was caused due to a saturation of the City‘s primary internet circuit and was able to track down the issue to a large software update to Adobe Acrobat being downloaded by multiple computers simultaneously. Staff was able to tune the firewall to limit the download speed for software updates, but the demands for internet bandwidth are still present.

Graphs of the City’s primary internet circuit for the most recent week available of 3/11/24 (Attachment 5), shows that during the workday, the average download throughput (amount of data that can be sent and received within a specific timeframe) is 50Mbps, with some spikes up to 140Mbps. Also included is a graph of one of the days in January where the City‘s internet circuit was overburdened.

Due to the increased bandwidth demands, staff reached out to Utility Telecom to inquire about increasing the City’s maximum circuit speed. The monthly costs of their quotes including taxes and regulatory fees (which are not included on the Agreements), are summarized below:

Circuit Current Monthly
Speed and Cost
Proposed Monthly
Speed and Cost
Cost Difference
City Hall 150Mbps, $2456 500Mbps, $2735 + $279
Corp Yard 50Mbps, $953 100Mbps, $1003 + $50

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5 7
5 Sea Cloud Park 20Mbps, $848 20Mbps, $805 - $43
TOTALS $4,257 $4,543 + $286/month
The new quote also includes a waiver of early termination fees on voice related services (SIP trunks and long distance minute bundles) since those services will likely be dropped later in 2024 when the City’s phone system is replaced.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
Based on today’s taxes and fees, the total amount for three (3) four-year contracts at the three (3) locations (City Hall, Corp Yard, and Sea Cloud Park) is $218,086.56.

However, since taxes and fees do change over time, and to cover possible overages, the Resolution calls for a not-to-exceed amount of $225,000.

Four years of the City’s current service levels, based on existing monthly billing, would run $204,384. In over four (4) years, there would be an increase of just under $14,000, or $285.47 per month.

The budget for FY 2024-25 in the IT Utilities and Communications Fund (504-0160-419- 4248) is adequate to absorb this increase.

Per Municipal Code 3.04.110 subsection (F), in lieu of soliciting bids for internet services, staff was able to compare Utility Telecom’s quotes to prices available via the State of California’s competitively bid contracts vehicle for telecommunications services, known as CALNET. The CALNET site includes pre-negotiated prices for various telecom services from multiple vendors which local agencies can piggyback on.

The lowest pricing listed on CALNET for a 500Mbps internet circuit was only $318 per month lower than Utility Telecom’s quote (or roughly 7% lower). Considering this relatively small price difference, staying with our current provider (Utility Telecom) makes sense, since moving to a new provider would require a significant amount of effort by IT staff, and would likely delay some other IT projects.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability

ATTACHMENTS

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5 7
5 Attachment 1 - Resolution
Attachment 2 - City Hall Voice and Internet Services Agreement Attachment 3 – Corp Yard Voice and Internet Services Agreement Attachment 4 - Sea Cloud Park Voice and Internet Services Agreement Attachment 5 - Bandwidth Usage Graph

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1 9
3 8
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE THREE (3) FOUR-YEAR AGREEMENTS WITH UTILITY TELECOM FOR INTERNET SERVICES AT THREE (3) CITY FACILITIES IN AN AMOUNT NOT TO EXCEED $225,000

CITY OF FOSTER CITY
WHEREAS, the City is increasing utilization of cloud-based Software as a Service (SaaS) applications and the volume of computer data continues to grow; and WHEREAS, the City’s current internet speeds are becoming a bottleneck to day- to-day business activities; and
WHEREAS, increasing the speed of the City’s internet circuits will accommodate the needs of today’s applications, and prepare us for future data needs as well; and WHEREAS, Utility Telecom has provided quotes to increase our internet speeds over a 48-month term; and
WHEREAS, comparison to CALNET pricing shows Utility Telecom’s quotes are competitive; and
WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute three (3) four-year agreements with Utility Telecom, dated April 1, 2024, for Internet Services at three (3) City Facilities (City Hall, Corp Yard, and Sea Cloud Park) in a total amount not to exceed $225,000.

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 April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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Order Information
Customer Name Customer # Agreement Order #
CITY OF FOSTER CITY 128062 5229
Order Type Date Desired Service Turn Up Date Customer Supplied Internet? Term Contract Months Term Months Remaining Contract Renewal 03/19/24 No 48 48
Corporate # Corporate Account Name Bill to Corp?
902542 CITY OF FOSTER CITY - CORP Yes
Account Manager Bill Delivery Billing Email Address
UTILITY TELECOM - CHRIS WHITELEY E-Bill and Mail [email protected] Service Address
Action Street City State Zip
Existing 610 FOSTER CITY BLVD FOSTER CITY CA 94404
Corporate Billing Address
Action Street City State Zip
Existing 610 FOSTER CITY BLVD FOSTER CITY CA 94404
Contacts
Action Type Name Company Work Phone Mobile Email Address Existing Main Contact ROB LASKY 6507407101 [email protected] Existing Site Contact JOAN SCHOENING 6502863217
Existing Technical Contact DARYL JONES 6505901801 [email protected] Existing Alternate Contact ROB LASKY 6507407101 6507407101 [email protected] Existing Billing Contact LORI SU 6502863222 [email protected] Services
Action Service Service Notes Phone Number Qty MRC NRC MRC Total NRC Total Utility Telecom, LLC. Page 1 of 7
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Action Service Service Notes Phone Number Qty MRC NRC MRC Total NRC Total Existing /24 IP BLOCK 1 $21.00 $0.00 $21.00 $0.00
Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 New ATT ASE 500x500 mbps 1 $1,328.00 $0.00 $1,328.00 $0.00 Existing MANAGED ROUTER 1 $30.00 $0.00 $30.00 $0.00
Existing MULTI HOMED BGP SUPPORT W/ ROUTER 1 $50.00 $0.00 $50.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Utility Telecom, LLC. Page 2 of 7
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Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing SIP BUNDLE 6502023040 1 $790.65 $0.00 $790.65 $0.00 Existing SIP BUNDLE 2 6502023040 1 $25.65 $0.00 $25.65 $0.00 Totals do not include local, state and federal usage taxes and surcharges Subtotal: $2,370.30 $0.00 COMPETITIVE TERM DISCOUNT ($200.00) $0.00
Grand Total: $2,170.30 $0.00
Utility Telecom, LLC. Page 3 of 7
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Install Charge Payment Months: 1
Installation Charge Payment: $0.00
Signature
The undersigned ("Customer") hereby confirms: (i) Customer has chosen to convert all lines listed on this form to Utility Telecom local telephone service; (ii) Customer understands that only one carrier may serve as the preferred interstate or interLATA carrier for any line and selects Utility Telecom as the carrier for those services (including international calling) on all lines; (iii) Customer understands that only one carrier may serve as the preferred IntraLATA or local toll service carrier for any line and selects Utility Telecom as the carrier for that service on all lines; (iv) Customer has had the opportunity to consult with Utility Telecom as to whether any fee will apply to any preferred carrier change; and (v) Utility Telecom is authorized to act as Customer's agent for the purpose of making the changes and installing all other specified services. Rates and terms for all services are as listed on this form and the attached terms and conditions. If purchasing Internet service. Customer agrees to Utility Telecom's Internet Acceptable Use Policy as posted at: https://uyt.co/resources/regulatory-documents/. In addition to the charges specified in the service agreement, the Customer shall pay all applicable federal, state, and local sales, use, and excise taxes, and other assessments imposed on Customer by government agencies in connection with the provision of the Services, plus amounts imposed on UTI by governmental agencies in connection with the Services, such as mandatory federal Universal Service Fund contributions and other mandatory assessments, including TRS fees and FCC Regulatory fees.
/sn1 /fullname1 /title1 /datesn1
Customer Signature Printed Name Title Date
Jason Mills C.E.O.

Utility Telecom, LLC Printed Name Title Date
Utility Telecom, LLC. Page 4 of 7
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Terms and Conditions
Pursuant to this agreement (“Agreement”), entered into between Utility Telecom Group, LLC, (“Utility”) and the customer identified on this agreement (“Customer”) (each of Utility and Customer a “Party”), Utility agrees to provide and Customer agrees to purchase the services and/or lease the equipment (“Service” and/or “Leased Equipment”) described on the reverse side hereof or in addenda attached hereto (“each a Service Description”), at the prices and on the terms and conditions stated in such Service Description and below, and as provided in relevant tariffs. Addenda executed from time to time shall become part of this Agreement by reference hereto. Each Service Description may describe (i) the requested Service or Lease commencement date for the Service or lease of Leased Equipment (“Lease”) (in either case referred to herein as the “Requested Service Date”), (ii) the agreed duration of Utility’s provision of the Service or the Lease (“Term”), (iii) the recurring charge for the Service or Lease (in either case referred to herein as the “Service Charge), non-recurring charge and any other charges, and (iv) other pertinent information. In addition to the specified Service Charge and other charges, applicable governmental surcharges, federal, state, local use, excise or sales taxes, and similar levies, chargeable to or against Utility, such as federal Universal Service Fees (“FUSF), because of the Service or Leased Equipment provided to Customer, shall be charged to and paid by Customer. Utility shall also be entitled assess, for purposes of recovering costs of compliance with regulatory obligations and administration of governmental fees and tax obligations, a Regulatory Compliance Surcharge equal to six point eight percent (6.8%) of the Service Charge, plus and Administration Fee of up to $50.00 per month.

1. INITIATION AND TERM OF SERVICE: With respect to each Service or Lease Description, the initial Term shall begin on the later of the Requested Service Date or the day following the date on which Utility notifies Customer that the Service or Leased Equipment, as applicable, is ready for use (in either case referred to herein as the “Service Commencement Date”) and shall continue for the applicable Term. Either Party may Terminate this Agreement as to a particular Service or Lease by providing the other Party written note of its intent to Terminate this Agreement not less than sixty (60) days prior to the expiration of the Term then in effect for the Service or Lease (“Notice of Termination”). If neither Party elects to provide the other with such Notice of Termination, the Term of the Service or Lease and this Agreement shall automatically renew and remain in effect with respect to the Service or Lease for an additional year and continue to automatically renew each year thereafter until terminated by either Party providing its Notice of Termination; provided, however, that the Service Charge during such period(s) shall be the then current monthly rate provided by tariff or Utility’s standard price list. In the event that the amount charged to Utility for one or more underlying communications services or facilities increases during the Term of a Service, Utility may increase its rate for any affected Service. Any such increase shall apply only after written notice to Customer, which shall be given not less than thirty (30) days before the increase goes into effect and shall be given through a notice on Customer’s bill, by e-mail if Customer has consented to such form of notice, or by first-class mail. If Utility raises its rate for a regulated California intrastate telephone Service at any time during the applicable Term, Customer may, prior to the effective date of the increase, cancel that Service without liability for any otherwise-applicable cancellation fees (which may also be referred to as early termination fees or charges). If Customer does not cancel the affected regulated California intrastate telephone Service before such date, the increase shall go into effect and Customer shall no longer have the right to cancel such Service without liability for cancellation fees as provided in this Agreement. In no event, shall Customer be entitled to cancel any other Service or Lease, whether affected by a rate increase or not, without incurring liability for cancellation fees. Customer shall be responsible for obtaining and maintaining rights-of-way and facilities required for access from Utility’s network to Customer’s premises, as well as necessary space and other facilities for Utility and Customer equipment.

2. PAYMENT: Except as otherwise required by tariff, Customer agrees to pay Utility monthly throughout the Term, on the Service Commencement Date and on the first of each month (or other) billing period thereafter, a Service Charge at the rate stated as “Recurring” charge for each Service or Lease. The first Service Charge shall be prorated from the Service Commencement Date through the end of the calendar month in which the Service Commencement Date occurs. The non-recurring charges and other charges are payable with the first Service Charge. Except as otherwise agreed, Utility shall submit a monthly invoice to Customer. Payment of all charges shall be due at the address shown on the invoice no later than twenty-five (25) days after the invoice date (“Due Date”), except that, in the event that cancellation of a Service or Lease results in Customer’s liability for cancellation fees under Section 6 of this Agreement, the Due Date for payment of all outstanding charges shall be accelerated and payment for such outstanding charges and cancellation fees shall, instead, be due three (3) days after Utility’s submission of its invoice to customer for the cancellation fees. Any amounts not paid within one (1) day after the Due Date (“Delinquent Charges”) will be subject to a late charge of one and one-half percent 1.5% per month or the maximum lawful rate, whichever is lower (“Late Charge”). Any applicable surcharge, federal, state, local use, excise or sales tax or similar levy, chargeable to or against Utility because of the Service or Leased Equipment provided to Customer, shall be charged to and paid by Customer in addition to the Service Charge and other charges under this Agreement.

Customer agrees to pay all costs, including reasonable attorney’s fees, expended in collecting Delinquent Charges.

3. SUSPENSION OR TERMINATION OF SERVICE: Utility may, at its sole option, suspend or terminate a Service or Lease (i) if Customer fails to pay all Delinquent Charges within seven (7) days after written notice of termination or (ii) if Customer fails, within thirty (30) days after written notice, to comply with this Agreement or any applicable tariff.

4. INTERRUPTION OF SERVICE; CREDIT: Utility will not provide a credit allowance for interruption of Service caused by the Customer’s facilities, equipment, or systems. Utility will allow for interruptions in regulated California intrastate exchange telephone Service of twenty-four (24) hours or more not due to conduct of Customer an amount equal to the fixed monthly charges for such exchange service multiplied by the ratio of the days of interruption to thirty (30) days. When interruptions continue beyond twenty-four (24) hours, credit allowance will be given in successive twenty-four (24) hour multiples.

5. LIMITATION OF LIABILITY; LIMITATION OF WARRANTY: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL UTILITY BE LIABLE FOR ANY

DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL OR PUNITIVE, OR ANY LOST PROFITS OF ANY KIND, ARISING OUT OF MISTAKES,

ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR DEFECTS IN TRANSMISSION, (INCLUDING THOSE WHICH MAY BE REQUIRED FOR COMPLIANCE WITH RULES OR ORDERS OF REGULATORY OR JUDICIAL AUTHORITIES), ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE OBLIGATIONS OF UTILITY HEREUNDER.

CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF UTILITY’S PERFORMANCE HEREUNDER SHALL BE CREDIT FOR SERVICE INTERRUPTION AS PROVIDED IN SECTION 4, ABOVE, OR APPLICABLE TARIFF. UTILITY MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY,

MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.

6. CANCELLATION: (A) If a Service Commencement Date does not occur within ninety (90) days after the Requested Service Date, Customer may cancel this Agreement with Utility Telecom, LLC. Page 5 of 7
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respect to the subject Service or Lease without liability for any cancellation fees, by thirty (30) days written notice to Utility; (B) Except as permitted in subsection (A), if Customer cancels any Service or Lease, or if Utility terminates any Service or Lease pursuant to Section 3 above, then Customer shall be immediately liable, as of the date Utility learns of such cancellation (including without limitation through receipt of an order or request to port one or more of the Customer’s telephone numbers to another provider), for a cancellation fee in the amount of seventy-five (75%) of the Service Charges (including Regulatory Compliance Surcharges and Administration Fees, along with all applicable governmental taxes, fees, and surcharges) that would be payable during the remainder of the Term absent such cancellation or termination; (C) Either party may cancel this Agreement as to a Service or Leased Equipment without liability if Utility is prohibited from furnishing the Service or Leased Equipment, or if any material rate or term contained herein is substantially changed by final order of a court, administrative agency, or other tribunal of competent jurisdiction.

7. NON-TARIFFED SERVICES AND LEASED EQUIPMENT: The provision by Utility and the purchase or Lease by Customer of non-tariffed services and/or equipment in connection with this Agreement shall be subject to the terms and conditions of this Agreement except as superseded by the terms and conditions of any pertinent addenda attached hereto.

8. FORCE MAJEURE: If Utility’s performance hereunder is impaired by any cause beyond Utility’s reasonable control, including without limitation acts of God, fire, explosion, materially adverse weather condition, inability to obtain needed utilities or services, accidents, breakdown of equipment, machinery or facilities, radiation, compliance with applicable law or regulation, public emergency, civil strife, war or strike (“Force Majeure Condition”), then such performance shall be excused to the extent of such impairment.

Utility shall resume performance with reasonable dispatch after cessation of the Force Majeure Condition. If Utility’s performance is impaired by a Force Majeure Condition for a period exceeding sixty-days (60), Customer may cancel the affected Service or Lease without liability for a cancellation charge.

9. ADDITIONAL PROVISIONS:
(A) Non-Waiver. The failure of either Party to give notice of default or to enforce or insist upon compliance of any of the terms or conditions of this Agreement shall not constitute a waiver of any term or condition hereof; and the waiver of any term or condition of this Agreement, or the granting of an extension of time for performance shall not constitute a waiver or extension of time with respect to any other matter, including future application of the same provision. (B) Disputes – Arbitration. Except for disputes regarding Customer’s failure to pay for Service or Leased Equipment as provided in this Agreement, if any dispute cannot be resolved by negotiation between the two parties, either Party may by notice require that the dispute be submitted to binding arbitration by a single arbitrator, at a location reasonably selected by the party giving such notice, under the Commercial Arbitration Rules of the American Arbitration Association. (C) Entire Agreement. This Agreement, including Addenda and matters incorporated herein by reference, contains the entire understanding of the Parties, and supersedes any prior quotations, proposals, arrangements, or understandings relating to the subject matter hereof. No subsequent agreement between the Parties concerning a Service or Lease shall be effective unless contained in a writing signed by both Parties. (D) Assignment. Customer may not assign or transfer its rights or obligations under this Agreement without the prior written consent of Utility, which shall not be reasonably withheld.
(E) Notices. Required or permitted notices shall be in writing and delivered by registered or certified mail return receipt requested, postage prepaid, if to Customer, to a person identified as a “Service Contact” and if to Utility, to Contract Administrator, Utility Telecom Group, LLC, 4202 Coronado Avenue, Stockton, California, 95204, or as otherwise provided by proper notice hereunder, and the effective date of any notice under this Agreement shall be the date of receipt or refusal of delivery. (F) Regulatory Jurisdiction. Provision by Utility of Service, Leased Equipment, and other matters related to this Agreement are subject to applicable federal, state, and local regulatory authority.
(G) Severability. Each Service or Lease described in a Service Description is deemed a separate Service or Lease; and termination of any Service or Lease shall not affect any other Services Leases.
(H) Partial Invalidity. If any provision of this Agreement shall be held invalid or unenforceable under applicable law, the remainder shall not thereby be affected and shall be given full effect.
(I) Confidentiality. Except with consent of the other Party or as required by law or court order, neither Party will disclose the existence of this Agreement or any information regarding its terms or the Parties’ performance hereunder (“Confidential Information”) to any third party without prior written agreement.

Terms and Conditions Initials /in1
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Order Notes
Order Notes
Any terms contained in the order notes supersede any conflicting terms in the Voice and Internet Agreement. if the customer would like to get rid of their sip trunks and or minute bundles there will be no early termination fees.

In regards to section 9B we will use mediation instead of arbitration.

In regards to section 9f we are adding the venue of San Mateo County Superior Court.

In regards to section 9I the customer can disclose the contract without our the consent of Utility Telecom.

Utility Telecom, LLC. Page 7 of 7
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Order Information
Customer Name Customer # Agreement Order #
CITY OF FOSTER CITY - CORP YARD 134881 5237
Order Type Date Desired Service Turn Up Date Customer Supplied Internet? Term Contract Months Term Months Remaining Contract Renewal 01/22/24 No 48 48
Corporate # Corporate Account Name Bill to Corp?
902542 CITY OF FOSTER CITY - CORP Yes
Account Manager Bill Delivery Billing Email Address
UTILITY TELECOM - CHRIS WHITELEY E-Bill and Mail [email protected] Service Address
Action Street City State Zip
Existing 100 LINCOLN CENTRE DR FOSTER CITY CA 94404
Corporate Billing Address
Action Street City State Zip
Existing 610 FOSTER CITY BLVD FOSTER CITY CA 94404
Contacts
Action Type Name Company Work Phone Mobile Email Address Existing Main Contact ROB LASKY 6502863216 [email protected] Existing Technical Contact DARYL JONES 6505901801 [email protected] Existing Alternate Contact ROB LASKY 6507407101 [email protected] Existing Billing Contact LORI SU 6502863222 [email protected] Services
Action Service Service Notes Phone Number Qty MRC NRC MRC Total NRC Total Utility Telecom, LLC. Page 1 of 5
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New COMCAST FIBER 100x100 mbps 1 $917.00 $0.00 $917.00 $0.00 Totals do not include local, state and federal usage taxes and surcharges Subtotal: $917.00 $0.00 Grand Total: $917.00 $0.00
Install Charge Payment Months: 1
Installation Charge Payment: $0.00
Signature
The undersigned ("Customer") hereby confirms: (i) Customer has chosen to convert all lines listed on this form to Utility Telecom local telephone service; (ii) Customer understands that only one carrier may serve as the preferred interstate or interLATA carrier for any line and selects Utility Telecom as the carrier for those services (including international calling) on all lines; (iii) Customer understands that only one carrier may serve as the preferred IntraLATA or local toll service carrier for any line and selects Utility Telecom as the carrier for that service on all lines; (iv) Customer has had the opportunity to consult with Utility Telecom as to whether any fee will apply to any preferred carrier change; and (v) Utility Telecom is authorized to act as Customer's agent for the purpose of making the changes and installing all other specified services. Rates and terms for all services are as listed on this form and the attached terms and conditions. If purchasing Internet service. Customer agrees to Utility Telecom's Internet Acceptable Use Policy as posted at:http://www.utilitytelephone.com/company_documents.php. In addition to the charges specified in the service agreement, the Customer shall pay all applicable federal, state, and local sales, use, and excise taxes, and other assessments imposed on Customer by government agencies in connection with the provision of the Services, plus amounts imposed on UTI by governmental agencies in connection with the Services, such as mandatory federal Universal Service Fund contributions and other mandatory assessments, including TRS fees and FCC Regulatory fees.
/sn1 /fullname1 /title1 /datesn1
Customer Signature Printed Name Title Date
Jason Mills C.E.O.

Utility Telecom, LLC Printed Name Title Date
Utility Telecom, LLC. Page 2 of 5
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Customer agrees to pay all costs, including reasonable attorney’s fees, expended in collecting Delinquent Charges.

5. LIMITATION OF LIABILITY; LIMITATION OF WARRANTY: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL UTILITY BE LIABLE FOR ANY

DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL OR PUNITIVE, OR ANY LOST PROFITS OF ANY KIND, ARISING OUT OF MISTAKES,

MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.

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Terms and Conditions Initials /in1
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In regards to section 9B we will use mediation instead of arbitration.

In regards to section 9f we are adding the venue of San Mateo County Superior Court.

In regards to section 9I the customer can disclose the contract without our the consent of Utility Telecom.

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Order Information
Customer Name Customer # Agreement Order #
CITY OF FOSTER CITY - SEA CLOUD YARD 134882 5238
Order Type Date Desired Service Turn Up Date Customer Supplied Internet? Term Contract Months Term Months Remaining Contract Renewal 01/23/24 No 48 48
Corporate # Corporate Account Name Bill to Corp?
902542 CITY OF FOSTER CITY - CORP Yes
Account Manager Bill Delivery Billing Email Address
UTILITY TELECOM - CHRIS WHITELEY E-Bill and Mail [email protected] Service Address
Action Street City State Zip
Existing 100 SEA CLOUD CT FOSTER CITY CA 94404
Corporate Billing Address
Action Street City State Zip
Existing 610 FOSTER CITY BLVD FOSTER CITY CA 94404
Contacts
Action Type Name Company Work Phone Mobile Email Address Existing Main Contact ROB LASKY 6502863216 [email protected] Existing Technical Contact DARYL JONES 6505901801 [email protected] Existing Alternate Contact ROB LASKY 6507407101 [email protected] Existing Billing Contact LORI SU 6502863222 [email protected] Services
Action Service Service Notes Phone Number Qty MRC NRC MRC Total NRC Total Utility Telecom, LLC. Page 1 of 5
Voice and Internet Service Agreement

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Existing POINT TO POINT FIBER - 20MBPS 1 $830.17 $0.00 $830.17 $0.00 Totals do not include local, state and federal usage taxes and surcharges Subtotal: $830.17 $0.00 TERM DISCOUNT ($100.00) $0.00
Grand Total: $730.17 $0.00
Install Charge Payment Months: 1
Installation Charge Payment: $0.00
Signature
The undersigned ("Customer") hereby confirms: (i) Customer has chosen to convert all lines listed on this form to Utility Telecom local telephone service; (ii) Customer understands that only one carrier may serve as the preferred interstate or interLATA carrier for any line and selects Utility Telecom as the carrier for those services (including international calling) on all lines; (iii) Customer understands that only one carrier may serve as the preferred IntraLATA or local toll service carrier for any line and selects Utility Telecom as the carrier for that service on all lines; (iv) Customer has had the opportunity to consult with Utility Telecom as to whether any fee will apply to any preferred carrier change; and (v) Utility Telecom is authorized to act as Customer's agent for the purpose of making the changes and installing all other specified services. Rates and terms for all services are as listed on this form and the attached terms and conditions. If purchasing Internet service. Customer agrees to Utility Telecom's Internet Acceptable Use Policy as posted at:http://www.utilitytelephone.com/company_documents.php. In addition to the charges specified in the service agreement, the Customer shall pay all applicable federal, state, and local sales, use, and excise taxes, and other assessments imposed on Customer by government agencies in connection with the provision of the Services, plus amounts imposed on UTI by governmental agencies in connection with the Services, such as mandatory federal Universal Service Fund contributions and other mandatory assessments, including TRS fees and FCC Regulatory fees.
/sn1 /fullname1 /title1 /datesn1
Customer Signature Printed Name Title Date
Jason Mills C.E.O.

Utility Telecom, LLC Printed Name Title Date
Utility Telecom, LLC. Page 2 of 5
Voice and Internet Service Agreement

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187

Customer agrees to pay all costs, including reasonable attorney’s fees, expended in collecting Delinquent Charges.

5. LIMITATION OF LIABILITY; LIMITATION OF WARRANTY: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL UTILITY BE LIABLE FOR ANY

DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL OR PUNITIVE, OR ANY LOST PROFITS OF ANY KIND, ARISING OUT OF MISTAKES,

MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.

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Terms and Conditions Initials /in1
Utility Telecom, LLC. Page 4 of 5
Voice and Internet Service Agreement

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189

In regards to section 9B we will use mediation instead of arbitration.

In regards to section 9f we are adding the venue of San Mateo County Superior Court.

In regards to section 9I the customer can disclose the contract without our the consent of Utility Telecom.

Utility Telecom, LLC. Page 5 of 5
Voice and Internet Service Agreement

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190

Attachment 5 – Bandwidth Usage Graphs
1 9
3 0
3/11/24
3/12/24
3/13/24

5.8 Attachment 5 - Bandwidth Usage Graphs

191

Attachment 5 – Bandwidth Usage Graphs
1 9
3 0
3/14/24
3/15/24
Prior to tuning the firewall to limit the download speeds of software updates, this was a graph from January showing one of the days that our internet circuit had maxed out:
1/18/24

5.8 Attachment 5 - Bandwidth Usage Graphs

192

DATE: April 1, 2024

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

FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Public Works Senior Civil Engineer
Amy Zhou, Public Works Assistant Engineer
DEPARTMENT: Parks and Recreation
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO CALL FOR BIDS – EDGEWATER PARK

SOFTBALL AND SOCCER SYNTHETIC RESURFACING (CIP
301-712)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the Plans and Specifications and authorizing the call for bids for the Edgewater Park Softball and Soccer Synthetic Resurfacing Project (CIP 301-712).

EXECUTIVE SUMMARY
.

CIP 301-712 consists of the resurfacing of the existing synthetic turf field at Edgewater Park. Verde Design, Inc. (Verde) has prepared construction documents for the replacement of the turf surface and the project is ready to be advertised for construction.

Currently, the project has an approved budget of $900,000, of which $49,800 has been encumbered for design. A balance of approximately $850,200 is available for construction. Based on the engineer’s construction cost estimate, additional funding may be required to fully fund the project. A request for additional funds will be brought

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to the City Council for approval at the time of award of the contract, based on actual bids received.

Edgewater Park is a popular recreation facility in the City and is used frequently by youth and adult sports organizations. July is the most ideal time for construction to occur based on the field usage. The City Council action will allow staff to advertise the project for bidding. Construction is anticipated to take approximately 7 weeks with a proposed start date of July 15, 2024.

BACKGROUND
The Edgewater Park synthetic turf softball and soccer field was installed in Fiscal Year (FY) 2013-2014 and requires replacement approximately every ten years to maintain the integrity of the highly used field. The project consists of removing and replacing approximately 80,000 square feet of existing synthetic turf. For this project, the subsurface is still in good condition and will likely only require minor repairs. The existing striping will be modified to optimize field usage and meet the City’s needs.

At its October 16, 2023, meeting, the City Council adopted City Resolution No. 2023- 98, entering into an agreement with Verde to prepare construction documents for the field replacement. Verde has completed the construction documents and the City is ready to advertise the project for construction.

ANALYSIS
Plans and specifications for CIP 301-712 are complete and ready for bidding. Verde prepared the plans and specifications based on their previous knowledge of the field and the City’s direction towards more environmentally friendly infills. Currently, the field utilizes crumb rubber infill, but that will be replaced with a natural material infill.

Construction is anticipated to begin in July 2024 and will take approximately 7 weeks to complete. Verde and the Parks and Recreation Department will coordinate with the different programs that use the field to provide advance notice to the public prior to the work being performed. The overall project management and daily inspection will be provided by a combination of in-house staff and consultant support (Verde). A copy of the plans and specifications is available in the City Council’s office for review.

The project schedule is as follows:

Estimated Timeline
Advertisement/Call for Bids April 2, 2024
Bid Opening April 29, 2024
Award of Contract May 20, 2024
Contract Execution May 2024 - June 2024
Pre-Construction Activities June 2024
Construction July 2024

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Project Notice of Completion September 2024
California Environmental Quality Act
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

FISCAL IMPACT
The project has an approved budget of $900,000. A balance of approximately $850,200 is currently available for construction. Based on the Engineer’s Estimate of $902,833, additional funding may be needed to complete construction due to the rising cost of labor and materials and inflation. The City has committed $49,800 of the funds to the designer Verde for the project. If additional funding is required, it will be brought back to City Council for approval of funding during award.

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

ATTACHMENTS
Attachment 1 – Resolution
* A copy of the plans and specifications is available in the City Council’s office for review.

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RESOLUTION NO.____________

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

APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL

FOR BIDS FOR THE EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING PROJECT (CIP 301-712) AND FINDING THAT THE PROJECT IS

CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15061 (B)(3) AND 15301(C) – EXISTING FACILITIES

CITY OF FOSTER CITY
WHEREAS, Plans and Specifications for the Edgewater Park Softball and Soccer Synthetic Resurfacing Project (CIP 301-712) have been completed and are ready for bid; and
WHEREAS, CIP 301-712 involves resurfacing the softball and soccer field at Edgewater Park; and
WHEREAS, total funding in the amount of $900,000 is available in the approved project budget for design and construction; and
WHEREAS, based on the Engineer’s Estimate, additional funding may be needed, but will be brought to City Council following the results of the bid; and WHEREAS, construction is anticipated to begin in July 2024 to meet recreation needs requirements; and
WHEREAS, the project is categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the plans and specifications and authorize the call for bids for the Edgewater Park Softball and Soccer Synthetic Resurfacing Project (CIP 301-712).

5.9 Attachment 1 - Resolution

196

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2 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 April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.9 Attachment 1 - Resolution

197

DATE: April 1, 2024

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

FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Senior Civil Engineer
DEPARTMENT: Parks and Recreation
SUBJECT: REJECTION OF ALL BIDS FOR THE RECREATION CENTER

MODULAR BUILDINGS PROJECT AND APPROVING PLANS

AND SPECIFICATIONS AND AUTHORIZATION FOR THE
SECOND CALL FOR BIDS – RECREATION CENTER MODULAR
BUILDINGS PROJECT (CIP 301-678)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution: 1) Rejecting the bids received on March 14, 2024 at 2:00 PM for the Recreation Center Modular Buildings Project CIP301-678; and 2) Approving the Plans and Specifications and authorizing the call for bids for the second time for the lease and installation of three (3) modular buildings and one restroom trailer at or near the tennis courts at Leo J. Ryan Park as a part of the Recreation Center Rebuild Project (CIP 301-678).

EXECUTIVE SUMMARY
The Recreation Center Rebuild Project (Project) consists of replacing the existing Recreation Center with a new building. Modular buildings would be utilized to fill the gap for programs while the Recreation Center is under construction. Staff is recommending leasing three (3) modular classroom buildings and a restroom trailer that will be placed on or near the tennis courts at Leo J. Ryan Park.

The City issued a call for bids with a bid opening on March 14, 2024, but only received

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one (1) qualifying bid that was over the engineer’s estimate. Staff is requesting to reject all bids and re-issue the call for bids to get more contractors with competitive pricing.

There is $55,374,250 available in the Project budget for construction, which is likely to increase for the final construction. It is estimated that the temporary modular buildings and restroom trailer will cost approximately $405,000 for the anticipated 22 months of construction of the Recreation Center. The City Council action will allow staff to advertise this portion of the project for bidding. Construction of the modular buildings is anticipated to take approximately 40 days with the rental lasting for 22 months.

BACKGROUND
At the regular City Council meeting on November 6, 2023, staff provided a report and presentation to the City Council on the temporary facilities and operations plan during the Recreation Center closure which is anticipated to start in September 2024. Staff received confirmation to move programs to The Vibe Teen Center, Community Center, and school multipurpose rooms (MPR) through the Joint Use Agreement with the San Mateo-Foster City School District during the anticipated two-year construction period.

The City Council also authorized the rental and installation of three (3) modular buildings and one (1) restroom trailer on or near the tennis courts at Leo J. Ryan Park.

These temporary facilities aim to fill the gap and provide alternative spaces for recreational activities during the transition period.

The scope of work includes but is not limited to delivering, leveling, installing, and removing the temporary structures. Along with the structures, the buildings must be furnished properly and installed with the appropriate Americans with Disabilities Act (ADA) requirements. The installation of the temporary structures is subject to architectural review and staff is working on the architectural review permit.

ANALYSIS
At the February 20, 2024, Regular Meeting, the City Council adopted City Resolution No. 2024-7 approving the plans and specifications and authorizing the call for bids for the Recreation Center Modular Buildings as part of the Recreation Center Rebuild Project. Bids were opened on March 14, 2024, at 2:00 PM, with the following results:

Name of Company Total Bid Over/(Under)
Engineer’s
Estimate
Over/(Under)
Engineer’s
Estimate
Mobile Modular Incomplete Bid -- --
Castillo Plumbing Inc. $428,063 $23,063 5.7%
The City received two bid packages before the deadline and only one company submitted a complete bid package. The completed package was submitted by Castillo Plumbing, Inc. and was above the engineer’s estimate. City staff along with Griffin Structures, the City’s Construction Manager for the project, reviewed the bid and did not

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find the bid suitable for awarding the contract, due to qualifications and pricing.

Provisions of Section 00 1115, “Notice Inviting Bids”, Paragraph 1.06, “Reservation of Rights” of the standard specifications’ states that “Owner specifically reserves the right, in its sole discretion, to reject any or all Bids, to re-bid, or to waive inconsequential defects in bidding not involving time, price or quality of the work. Owner may reject any and all Bids and waive any minor irregularities in the Bids.” Staff is recommending the City Council exercise this right and reject all bids at this time.

Staff would like to re-bid the project with outreach from our consultants to reach additional contractors who could perform the work. The City anticipates receiving more bids with competitive pricing.

Plans and specifications for Recreation Center Modular Buildings Project CIP 301-678 are complete and ready for bidding. City staff, with the help of Griffin Structures, prepared the plans and specifications. Construction of the modular buildings is anticipated to begin in May 2024 and will take approximately 40 days to complete. After construction of the facilities, the buildings will remain onsite for an anticipated 22 months, in which a removal period will follow. The overall project management and daily inspection will be provided by a combination of in-house staff and consultant support. The engineer’s estimate for this work is $405,000.

The anticipated project schedule is as follows:

Approval of plans and specifications &
authorization to call for bids
April 1, 2024
Bid Opening April 25, 2024
City Council Award of Contract May 20, 2024
Contract execution May/June 2024
Construction of modular buildings May – July 2024
Rental period August 2024 – June 2026
Building removal May 2024 – June 2026
Project notice of completion July 2024
California Environmental Quality Act
In July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration (IS/MND) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings for the Recreation Center Rebuild Project (SCH # 20231009).

On November 16, 2023, the Planning Commission adopted the IS/MND and approved the Use Permit for the Project. Pursuant to Public Resources Code section 21166 and

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CEQA Guidelines section 15164(b), the City prepared an Addendum to the adopted IS/MND for Council’s consideration and approval. Only minor additions are being made to the Project by installing and later removing three (3) modular classroom buildings and a restroom trailer on or near the existing tennis courts at Leo Ryan Park for the anticipated 22 months of construction. Additionally, none of the conditions described in CEQA Guidelines section 15162 are met as there are no substantial changes to the Project or new information of substantial importance.

On February 20, 2024, the CEQA addendum was adopted to the IS/MND for the Recreation Center Rebuild Project.

A hardcopy of the plans and specifications is available for view in City Hall.

FISCAL IMPACT
The Project (CIP 301-678) has an approved budget of $55,374,250 with plans to add additional funding based on current estimates of the project.

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

ATTACHMENTS
Attachment 1 – Resolution
* A hardcopy of the plans and specifications is available for view in City Hall.

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RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE REJECTION OF ALL BIDS RECEIVED ON MARCH 14, 2024, FOR

THE RECREATION CENTER REBUILD PROJECT AND APPROVING PLANS AND

SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR THE SECOND TIME FOR THE LEASE AND INSTALLATION OF (3) MODULAR BUILDINGS AND ONE

RESTROOM TRAILER AT OR NEAR THE TENNIS COURTS AT LEO J RYAN PARK AS PART OF THE RECREATION CENTER REBUILD PROJECT (CIP 301-678) (CEQA STATUS: ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE RECREATION

CENTER REBUILD PROJECT)

CITY OF FOSTER CITY
WHEREAS, Plans and Specifications for the Modular Buildings for the Recreation Center Rebuild Project (CIP 301-678) (“Project”) have been completed and are ready for bid; and
WHEREAS, Plans and Specifications for the Modular Buildings for the Recreation Center Rebuild Project (CIP 301-678) were previously bid and resulted in one bid over the engineer’s estimate; and
WHEREAS, CIP 301-678 involves the installation, rental and removal of temporary facilities for the Recreation Center; and
WHEREAS, In July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration (SCH # 20231009) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings (IS/MND) for the Recreation Center Rebuild Project; and
WHEREAS, On November 16, 2023, the City Planning Commission adopted the IS/MND and approved the Use Permit for the Project. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164(b), the City has prepared an Addendum to the adopted IS/MND. Only minor additions are being made to the Project by installing three (3) modular classroom buildings and a restroom trailer on or near the existing tennis courts at Leo Ryan Park for the anticipated 22 months of construction and removing them after construction is completed. Additionally, none of the conditions described in CEQA Guidelines section 15162 are met as there are no substantial changes to the Project or new information of substantial importance; and WHEREAS, On February 20, 2024, the CEQA addendum was adopted to the IS/MND for the Recreation Center Rebuild Project; and

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2 9
WHEREAS, total funding in the amount of $55,374,250 is available in the approved project budgets for the complete project of CIP 301-678; and WHEREAS, based on the Engineer’s Estimate for the modular buildings, adequate funding is available in CIP 301-678 to fully fund construction of the temporary facilities with the understanding that additional funding will be requested for the Recreation Center Rebuild Project portion of work; and
WHEREAS, construction and installation of the Modular Buildings is estimated to begin in May 2024.

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

1. The rejection of all bids received on March 14, 2024, at 2:00PM for the Recreation Center Modular Buildings Project CIP301-678; and

2. The approval of the plans and specifications and authorize the call for bids for the second time for the lease and installation of three (3) modular buildings and one restroom trailer at or near the tennis courts at Leo J. Ryan Park as a part of the Recreation Center Rebuild Project (CIP 301-678).

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 April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.10 Attachment 1 - Resolution

203

DATE: April 1, 2024

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

FROM: Sofia Mangalam, Community Development Director
Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Community Development
Parks and Recreation
SUBJECT: BUDGET APPRORIATION OF $58,328 FROM THE CITY CIP FUND BALANCE (FUND 301) FOR BUILDING AND FIRE PLAN

CHECK SERVICES FOR THE RECREATION CENTER REBUILD
PROJECT (CIP 301-678) AND CONTRACT AMENDMENT NO. 1

TO THE EXISTING AGREEMENT WITH WEST COAST CODE
CONSULTANTS, INC. (WC3) FOR PROFESSIONAL ON-CALL

CONSULTANT SERVICES

RECOMMENDATION
It is recommended that the City Council approve the attached resolution (Attachment 1) approving: (1) budget appropriation of $58,328 from the City Capital Improvement Projects (CIP) Fund Balance (Fund 301) to the Recreation Center Rebuild Project (“Recreation Center”) (CIP 301-678) for building and plan check services; (2) Contract Amendment No. 1 to the existing agreement with WC3 in the amount of $49,900 for building plan check services for the Recreation Center Rebuild Project (CIP 310-678), and find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).

EXECUTIVE SUMMARY
The City’s Recreation Center is nearly 50 years old and necessary investment in infrastructure improvements are required to meet current structural, seismic, and programmatic needs; as well as emergency shelter readiness. CIP 301-678 involves

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the design and construction of a new Recreation Center.

At the City Council regular meeting on November 21, 2022, the City Council awarded an agreement with Group 4 Architecture, Research + Planning, Inc. (“Group 4”) for professional design, bidding, and construction support services for the Project. Since then, the design team has been working on the design and construction plan set. The construction drawings need to be reviewed and approved for building and fire code compliance. At the time, plan check services were not included in the Project budget as City expected to manage this work in-house. However, due to the complex nature of the project and staffing challenges, using a consultant with expertise in reviewing recreation centers or similar projects for building code compliance will result in a successful outcome for the project. In addition, the fire plan check services are provided by San Mateo Consolidated Fire District (SMCFD) and need to be added to the project budget.

On July 17, 2023, the City Council approved Master Services Agreements with 4LEAF, Inc. and WC3 for professional on-call consultant services in amounts not to exceed $75,000 each for building inspection and permit support services and without limitation for certain plan check fees that will be payable directly by the applicant.

The Recreation Center is a City project and staff is recommending budget appropriation of $58,328 from the City CIP Fund Balance (Fund 301) to the CIP 301-678 to pay for building and fire plan check services. In addition, staff is recommending amending contract agreement with WC3 for plan check services for the Recreation Center in the amount of $49,900. With the execution of the contract amendment, WC3 will review the plan set for building permit for code compliance.

BACKGROUND
On September 18, 2023, staff and Group 4 and presented to the City Council a full schematic design for the new Recreation Center. Following which, Group 4 has been working on construction drawings for building permit approval. All the drawings need to be reviewed and approved for building and fire code compliance. A plan check involves experts reviewing building plans, designs, and related documents to ensure they meet safety codes, regulations, and other requirements. This step is essential to ensure the proposed project is safe and compliant before construction begins.

For building plan check services, staff solicited proposals from five (5) consultants for plan check services for the Rec Center rebuild project. Staff received proposals from WC3, 4Leaf, Shums Coda Associates, CSG consultants and Bureau Veritas and evaluated the proposals. After evaluating the proposals, WC3 was selected for their experience in reviewing recreation centers in the Bay Area, including Menlo Park, Millbrae, and San Bruno.

As mentioned earlier, there is an existing contract with WC3 for building services in the amount not to exceed $75,000 and staff is requesting Contract Amendment No. 1 to the

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existing agreement with WC3 in the amount of $49,900 for plan check services for the Recreation Center Rebuild project.

In addition, staff also reached out to SMCFD for an estimate for plan check services for fire code compliance. SMCFD provided an estimate of $8,428 for fire plan check services.

Staff is requesting budget appropriation of $58,328 from the Fund 301 to the CIP 301- 678 for plan check services for building and fire code compliance.

California Environmental Quality Act
CEQA General Rule Exemption

FISCAL IMPACT
The cost of plan check services to be included in Contract Amendment No. 1 with WC3 is in the amount of $49,900 and $8,428 for fire plan check services. Staff is requesting an appropriation of $58,328 from City CIP Fund Balance (Fund 301) to the Recreation Center Rebuild Project (CIP 301-678).

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

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 - Contract Amendment No. 1 to Agreement
Attachment 3 - 2023 Agreement with WC3

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RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING BUDGET APPROPRIATION OF $58,328 FROM THE CITY CIP FUND BALANCE (FUND 301) TO THE RECREATION CENTER REBUILD PROJECT (CIP 301- 678) FOR BUILDING AND FIRE PLAN CHECK SERVICES; AND CONTRACT AMENDMENT NO. 1 TO THE EXISTING AGREEMENT WITH WEST COAST CODE CONSULTANTS, INC. (WC3) IN THE AMOUNT OF $49,900 FOR BUILDING PLAN CHECK SERVICES FOR THE RECREATION CENTER REBUILD PROJECT (CIP 310- 678), AND FIND THE REQUEST EXEMPT FROM THE CALIFORNIA

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

CITY OF FOSTER CITY
WHEREAS, The Recreation Center is nearly 50 years old and necessary investment in infrastructure improvements are required to meet current structural, seismic, and programmatic needs; as well as emergency shelter readiness. CIP 301-678 involves the design and construction of a new Recreation Center; and WHEREAS, at the City Council regular meeting on November 21, 2022, the City Council awarded an agreement with Group 4 Architecture, Research + Planning, Inc. (“Group 4”) for professional design, bidding, and construction support services for the Project; and
WHEREAS, the Recreation Center is a city project and all the drawings need to be reviewed and approved for building and fire code compliance; and WHEREAS, Staff solicited proposals from five (5) consultants for plan check services for the Recreation Center rebuild project and received proposals from all of the consultants, including West Coast Code Consultants, Inc. (WC3), 4Leaf, Shums Coda Associates, CSG consultants and Bureau Veritas; and
WHEREAS, after evaluating the proposals, WC3 was selected for their experience in reviewing recreation centers; and
WHEREAS, WC3 has an existing agreement with for professional on-call consultant services in amounts not to exceed $75,000 and a contract amendment is necessary to pay for plan check services for building code compliance; and WHEREAS, San Mateo Consolidated Fire Department provided an estimate of $8,428 for fire plan check services; and
WHEREAS, Staff is requesting appropriation of $58,328 from City CIP Fund Balance (Fund 301) to the Recreation Center Rebuild Project (CIP 301-678) to pay for building and fire code compliance plan check services.

5.11 Attachment 1 - Resolution

207

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5 4
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:

1. Approve budget appropriation of $58,328 from the City CIP Fund Balance (Fund 301) to the Recreation Center Rebuild Project (CIP 301-678); and

2. Approve Contract Amendment No. 1 in the amount of $49,900 and add Exhibit B-1 to Exhibit B of the existing contract with WC3 for professional on-call building 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 April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:
_______________________________

PRISCILLA SCHAUS, CITY CLERK

5.11 Attachment 1 - Resolution

208

AMENDMENT TO PROFESSSIONAL SERVICES AGREEMENT

PROFESSIONAL ON-CALL BUILDING SERVICES
This Amendment dated April 1, 2024, replaces Section 3 and add Exhibit B-1 to the

PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL ON-CALL BUILDING SERVICES Agreement dated July 18, 2023, by and between the City of Foster City and West Coast Code Consultants, Inc. (WC3). The Amendment increases the contract maximum as follows:

The following replaces Section C.3 in the July 18, 2023, Agreement as follows:

Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of one hundred thousand twenty-four thousand nine hundred dollars ($124,900). Invoices for amounts in excess of $124,900 shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

In addition, the attached Exhibit B-1 shall be added to Exhibit B in the July 18, 2023, Agreement.

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Foster City City CouncilApril 1, 2024

Foster City City Council
April 1, 2024