Agenda packet — Foster City City Council, September 3, 2024 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/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
Tuesday, September 03, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing Jeff Brown for Volunteer Services Caring for City Roses

4.2. A Proclamation Recognizing Saurabh Netravalkar for His Achievements in the Sport of Cricket

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

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

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

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

6.1. A Resolution of the City Council of the City of Foster City Approving the Appropriation of $24,000 From Fund 505 to Account Number 5050550419 4251 and Approving a Janitorial Services Agreement in the Amount of $348,184 per Year with Julio’s Cleaning and Maintenance Services from October 1, 2024, Through September 30, 2026, with Optional Extensions Through September 30, 2029
a) Staff Report
b) Adopt Resolution

6.2. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a OneYear Maintenance Renewal from Intrado in the Amount of $18,714.72 to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $18,714.72 from the General Fund to Account 00106304214246 a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Approving the Housing Element 202331 Implementation Roadmap (Roadmap) and Finding the Roadmap Within the Scope of the Environmental Impact Report (SCH Number 2022010509) Prepared for the Foster City Housing and Safety Elements Update
a) Staff Report
b) Adopt Resolution

6.4. By Minute Order, Approve a Letter to the Honorable Amarra A. Lee Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated July 9, 2024, Entitled “Restaurant Exteriors: The Neglected Space”
a) Staff Report

7. RESOLUTIONS FOR ADOPTION

7.1. A Resolution of the City Council of the City of Foster City Declaring the City of Foster City’s Intent to Initiate Procedures to Transition From AtLarge Elections to DistrictBased Elections Pursuant to Elections Code Section 10010; Approving the Tentative Timeline and Other Related Actions a) Staff Report
b) Action Adopt Resolution

7.2. A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to BHM Construction LLC for the Construction of the Recreation Center Rebuild Project (CIP 301678) for the Base Bid Amount of $40,647,000 and Bid Alternates Selected by Council, and Authorizing the Mayor to Execute the Contract; Approving a Contingency of Ten Percent of the Total Contract Amount and Authorizing the City Manager to Execute the Contract Change Orders up to the Contingency Amount, if Necessary; and Execution of a Task Order With Apex Testing Laboratories, Inc. For Material Testing Services and Specialty Inspection Services (CEQA Status: Adopted Mitigated Negative Declaration for the Recreation Center Rebuild Project)
a) Staff Report
b) Action Adopt Resolution

7.3. Consideration of Application for 2024 Local Housing Trust Fund Program Notice of Funding Availability
a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Authorizing Application for and Receipt of 2024 California Department of Housing and Community Development Local Housing Trust Funds and Other Related Approvals, and Authorize the City Manager or His Designee to Make Amendments to the Application as Needed, and Execute Other Grant Documents, as Needed
c) Action – A Resolution of the City Council of the City of Foster City Approving (A) the Foster City Local Housing Trust Fund (LHTF) Specific Underwriting Guidelines for Three (3) Proposed Loan Programs; (B) Transfer of Funds from Commercial Linkage Fee Fund (Fund 137) to LHTF (Fund 145) as Matching Funds, Contingent Upon the City Being Awarded the HCD LHTF Funding; and (C) in the Event That the Grant Is Not Awarded, Approve the Use of Funds from Fund 137 and Authorize the City Manager or His Designee to Make Amendments to Loan Programs as Needed, Including Loan Amounts, and Others for the Implementation of the Three (3) Housing Element Programs

8. COMMUNICATIONS

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

9. 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.

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
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:

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
Tuesday, September 03, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing Jeff Brown for Volunteer Services Caring for City Roses

4.2. A Proclamation Recognizing Saurabh Netravalkar for His Achievements in the Sport of Cricket

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

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

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

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
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:

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
Tuesday, September 03, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing Jeff Brown for Volunteer Services Caring for City Roses

4.2. A Proclamation Recognizing Saurabh Netravalkar for His Achievements in the Sport of Cricket

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

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

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

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
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:

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
Tuesday, September 03, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing Jeff Brown for Volunteer Services Caring for City Roses

4.2. A Proclamation Recognizing Saurabh Netravalkar for His Achievements in the Sport of Cricket

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

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

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

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
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:

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
Tuesday, September 03, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing Jeff Brown for Volunteer Services Caring for City Roses

4.2. A Proclamation Recognizing Saurabh Netravalkar for His Achievements in the Sport of Cricket

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

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

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

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 4.1

4.1 Proclamation

6 4.2

4.2 Proclamation

7 DATE: September 3, 2024

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

FROM: Andrew Brozyna, Public Works Director
Kurt Zander, Building and Vehicle Maintenance Manager
DEPARTMENT: Public Works
SUBJECT: APPROVING THE APPROPRIATION OF $24,000 FROM FUND 505 TO ACCOUNT NUMBER 505-0550-419-4251 AND

APPROVING A JANITORIAL SERVICES AGREEMENT IN THE
AMOUNT OF $348,184 PER YEAR WITH JULIO’S CLEANING
AND MAINTENANCE SERVICES FROM OCTOBER 1, 2024,
THROUGH SEPTEMBER 30, 2026, WITH OPTIONAL
EXTENSIONS THOUGH SEPTEMBER 30, 2029.

RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving the appropriation of $24,000 from fund 505 to account number 505-0550-419-4251 and approving a vendor services agreement for janitorial services with Julio's Cleaning and Maintenance Services in the amount of $348,184 per year from October 1, 2024, to September 30, 2026, with three (3) optional one-year extensions through September 30, 2029.

EXECUTIVE SUMMARY
At its meeting on July 15, 2024, the City Council authorized the issuance of a Request for Proposal for Citywide Janitorial Services. Based upon an evaluation of the twelve (12) proposals received, City staff recommends approval of an agreement with Julio's Cleaning and Maintenance Services in the amount of $348,184 for a two year period from October 1, 2024, to September 30, 2026, with three (3) optional one-year extensions through September 30, 2029. This contract amount consists of $338,184 for routine

6.1 6.1 Staff Report

8 maintenance and an additional allowance of $10,000 per year for on-call services. The adopted FY 2024-2025 budget for janitorial services is $325,000, which is less than the current cost of service by $23,184, so staff is recommending additional appropriation of $24,000 from Fund 505.

BACKGROUND
The City has contracted with commercial janitorial services to perform routine janitorial maintenance of the following City facilities since 1995:
•Corporation Yard (Administration Facility, Training Room, Data Room, Lunch Room, and Locker Rooms)
•City Hall
•Council Chambers
•Fire Administration
•Police Station
•Library/Community Center
•Recreation Center/Senior Wing
•Teen Center
The City’s current janitorial agreement expires on September 30, 2024. At its meeting on July 15, 2024, the City Council authorized issuing a Request for Proposal for Citywide Janitorial Services.

ANALYSIS
In response to its Request for Proposal, the City received proposals from twelve (12) janitorial service vendors. No proposals were disqualified based on staff assessment of the proposals and previous experience with the vendors. Table 1 summarizes the twelve (12) qualified proposals.

Table 1: Citywide Janitorial Proposals Summary
Proposer
Proposal
Monthly Cost
Proposal
Annual Cost
Julio's Cleaning & Maintenance Services $28,182.00 $338,184.00 Cappstone $29,109.42 $349,313.04
Kleen-Tech $29,696.00 $356,352.00
Impec Group $32,353.33 $388,239.96

6.1 6.1 Staff Report

9 Imperial Maintenance $34,115.19 $409,382.28
Frank & Grossman $37,323.41 $447,880.92
Karla’s Janitorial $38,548.00 $462,576.00
Significant Cleaning $42,453.43 $509,441.16
Bamacor, Inc. $43,760.00 $525,120.00
Nova Commercial $46,579.99 $558,959.88
Universal Building $52,356.00 $628,272.00
Central Maintenance $54,630.00 $655,560.00
*Includes only permanent facilities
Based upon a thorough review of the proposals received, the Building Maintenance Division staff recommends entering into an agreement with Julio's Cleaning and Maintenance Services to provide Citywide Janitorial services for two years from October 1, 2024, through September 30, 2026, with three (3) optional one-year extensions through September 30, 2029. In addition to having the lowest proposal for monthly and annual cost, Julio’s Cleaning and Maintenance Services is the City’s current vendor and staff has not identified any service issues that would disqualify them from performing the services required.

In addition to the routine maintenance services, proposers provided costs for on-call services, which can be accessed for limited janitorial needs outside of regularly scheduled maintenance, for instance during special events or incidents between regular maintenance activities. The attached agreement allows for on-call services up to $10,000 per year at the on-call hourly rate.

Since the temporary Recreation facilities had not been installed at the time that proposers were touring the facilities and preparing their proposals, the proposals were all based upon the current Recreation Center/Senior Wing facilities. It is anticipated that staff will engage in discussions with the selected vendor regarding the temporary facilities once the Recreation Center project construction gets underway, and may need to bring a contract amendment to the City Council at that time.

CEQA
This action is not a project under Section 15378 of the CEQA Guidelines, as the approval of the contract for routine janitorial services has no potential for a direct or indirect physical change in the environment.

6.1 6.1 Staff Report

10 FISCAL IMPACT
The line item for janitorial services in the adopted FY 2024-2025 Final Budget is $325,000, which is less than the proposed total contract cost of $348,184 by $23,184.

Staff recommends appropriating $24,000 from Fund 505 to Account Number 505-0550- 419-4251 to account for this difference. If the City chooses to exercise its option to extend the agreement in future years, the total amount due for services will increase 3% per year for each of the extension years.

ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 - Julio's Cleaning and Maintenance Services Proposal Form Attachment 3 - Agreement

6.1 6.1 Staff Report

11 2
5 4
0 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE APPROPRIATION OF $24,000 FROM FUND 505 TO ACCOUNT NUMBER 505-0550-419-4251 AND APPROVING A JANITORIAL SERVICES AGREEMENT IN THE AMOUNT OF $348,184 PER YEAR WITH JULIO'S CLEANING AND MAINTENANCE SERVICES FROM OCTOBER 1, 2024, THROUGH SEPTEMBER 30, 2026, WITH OPTIONAL EXTENSIONS THROUGH SEPTEMBER 30, 2029

CITY OF FOSTER CITY
WHEREAS, the City has contracted for janitorial services for City buildings since 1995; and
WHEREAS, the current janitorial agreement will expire on September 30, 2024; and
WHEREAS, at its meeting on July 15, 2024, the City Council authorized the issuance of a Request for Proposal for Citywide Janitorial Services; and WHEREAS, of the twelve (12) proposals received, City staff recommends approval of an agreement with Julio's Cleaning and Maintenance Services which provided the lowest cost proposal for monthly service at $338,184 annually; and WHEREAS, an allowance of $10,000 will account for on-call emergency and non- routine services; and
WHEREAS, the adopted FY 2024-2025 budget for janitorial services is $325,000, which is less than the cost of service by $23,184; and
WHEREAS, this action is not a project under Section 15378 of the CEQA Guidelines, as the approval of the contract for routine janitorial services has no potential for a direct or indirect physical change in the environment.

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

1. Approve the appropriation of $24,000 from fund 505 to Account No. 505-0550- 419-4251; and

2. Approve the Janitorial Services Agreement, dated September 3, 2024, in the amount not to exceed $348,184 per year with Julio’s Cleaning and Maintenance Service.

6.1 Attachment 1 - Resolution

12 2
5 4
0 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on September 3, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________________

PRISCILLA SCHAUS, CITY CLERK

6.1 Attachment 1 - Resolution

13 6.1
Attachment 2 - Julio's Cleaning and Maintenance Services Proposal Form

14 6.1
Attachment 2 - Julio's Cleaning and Maintenance Services Proposal Form

15 1

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

CITY-WIDE JANITORIAL SERVICES
This Agreement is made and entered into as of the 3 rd day of September, 2024, by and between the City of Foster City hereinafter called "CITY" and Julio’s Cleaning and Maintenance Services hereinafter called "VENDOR".

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

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

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

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

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

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

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

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

6.1 Attachment 3 - Agreement

16 2
required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire as specified in Exhibit A. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for default, should VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to VENDOR demanding such cure, in which case VENDOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.

VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum three hundred forty-eight thousand one hundred eighty-four ($348,184.00).

Invoices for amounts in excess of three hundred forty-eight thousand one hundred eighty four ($348,184.00) shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

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17 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of
government or public law are involved, City shall have the option to participate in such action at its own expense.
d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products. If, in the sole opinion of City, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement
impractical, City shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agrees to take back such Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied
operating software; or
iii. The modification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

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

VENDOR shall maintain all required insurance throughout the term of this

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

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

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

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Kurt Zander, Building/Vehicle Maintenance Manager Email Address: [email protected]

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VENDOR: Julio’s Cleaning and Maintenance Services
392 Skyline Drive
Daly City, CA 94015-4559
Attention: Julio Sangalang
Email Address: [email protected]

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

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

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

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

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

23. Packing and Shipment.

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

24. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by City unless expressly authorized by and itemized in the Agreement.

Unless otherwise directed by City in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

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

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

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

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

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

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

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

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

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

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

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

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

35. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a

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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.

36. Entire Agreement. This Agreement, including Exhibits A, B C, D, E and F, comprises the entire Agreement.

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

CITY OF FOSTER CITY
Dated: _______________________________, Patrick Sullivan, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR
Dated:

Julio Sangalang, Owner/Operations Manager

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EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

CITY-WIDE JANITORIAL SERVICES

1. DUTY OF VENDOR:

The work covered by these specifications involves janitorial cleaning services for buildings owned by the City of Foster City (CITY). with Julio's Cleaning and Maintenance Services (VENDOR) will have the primary responsibility for all cleaning activities, which is more fully detailed in the Service Schedule herein. The Service Schedule provides a general outline of major tasks included in the work and shall not be construed to be a complete listing of all cleaning tasks required to perform the required work to the CITY’s standards.

2. HOURS OF SERVICE:
a. Regular janitorial work is generally to be performed during “non-working hours” (between 5:00 PM and 8:00 AM) unless more specifically described herein. b. VENDOR shall provide emergency response service twenty-four (24) hours per day. The response time for arrival on site to perform emergency work ordered by CITY shall be no more than three (3) hours from the CITY’s call. Emergency work will be completed as soon as reasonably possible, given the availability of materials necessary to remediate the emergency condition.

3. SERVICE SCHEDULE:

VENDOR shall provide regular service according to the following schedule:
a. LOCATION AND SERVICE SCHEDULE
Location Facility Operating
Hours
Service Schedule Notes
Library/Community
Center
1000 E. Hillsdale Blvd
Library
Mon-Th 10am-9pm
Fri 10am-6pm
Sat 10am-5pm
Sun 1-5pm
Community Center
Mon-Fri 8am-10pm
Sat 1pm-Midnight
Sunday Closed*
7 days a week
10pm-8am
7 days a week
10pm-8am
Two-story building
consisting of restrooms,
offices, meeting rooms,
large multi-purpose room,
and patio.

The facility hosts
community programming,
events, meetings and
classes.

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Location Facility Operating
Hours
Service Schedule Notes
Corporation Yard
Administration Building,
Training Center, Locker
Rooms, Bathrooms,
Parks Key Room,
Lunch Room, Vehicle
Maintenance
Office/Bathroom
100 Lincoln Centre
Drive
Monday through
Friday,
7am-6pm; Saturday
and Sunday, Closed.
5 days a week
Mon-Fri
7pm-7am
Two-story building that
houses administrative
offices of the Parks,
Building Maintenance,
Public Works, and Vehicles
Department. Single story
buildings with Vehicle
Maintenance, Locker
Rooms. Bathrooms, Parks
Key Room.

The VIBE Teen Center
670 Shell Boulevard
Mon- Th 8am-6:30pm
Fri 8am-10pm
Saturday and Sunday
Closed with an
occasional rental
group
7 days a week
Mon-Th 7pm-8am
Fri –Sat* 11pm-8am
Afterschool center for youth
and teens. Rooms include
offices, restrooms,
classrooms, multi-purpose
room, patio, and kitchen.

Program features daily
youth activities and a
facility rental program.

Police Station & Gym
1030 East Hillsdale
Boulevard
24-hour a day
7 days per week
7 days a week
6pm-6am
Secure one-story building
consisting of administrative
offices, gym and meeting
spaces. Janitorial
personnel entering the
building must check in and
out with Police personnel.

Council Chambers
620 Foster City
Boulevard
Monday through
Friday,
8am-6pm; first and
third Mondays and
Thursdays until 11pm;
Saturday and Sunday,
Closed
5 days a week
Mon-Fri
11pm-6am
Adjacent to City Hall,
Council Chambers consists
of meeting rooms,
restrooms, and foyer.

Occasional special
meetings will be
announced.

City Hall
610 Foster City
Boulevard
Emergency Operations
Center
1040 East Hillsdale
Boulevard, First Floor
Mon-Fri 7am-7pm
Sat-Sun Closed
5 days a week
Mon-Fri 7pm-7am
City Hall houses the
administrative offices in a
three-story structure.

The Emergency Operations
Center consists of a
meeting room, hallway,
restrooms and elevator.

Fire Station 1040 East
Hillsdale Boulevard
1st Floor ONLY
Mon-Fri 8am-6pm
Sat-Sun Closed
7 days a week
6pm-6am
Fire station first floor
contains
EOC meeting room,
Hallways, 2 restrooms &
gym
Temporary Recreation
Center Facilities
Near 670 Shell Blvd*
Mon-Fri 7am-7pm
Sat-Sun Closed
5 days a week
Mon-Fri 7pm-7am
Secured portables
consisting of administrative
offices and meeting spaces
and temporary bathroom.

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29 15
Location Facility Operating
Hours
Service Schedule Notes
Recreation Center
650 Shell Boulevard*
Mon-Fri 8am-10pm
Sat 9am-11pm
Sun 9am-10pm
7 days a week
Mon-Fri 11pm-7am
Sat 12am-7am
Sun 11pm-7am
Administrative offices,
classrooms, meeting
spaces and restrooms
* Recreation Center, Community Center, Emergency Operations Center, and The VIBE Teen Center weekend hours may vary depending on the facility rental schedule. CITY staff will provide an event calendar each month.

Note: The current Recreation Center is anticipated to be demolished in Fall 2024.

During construction, temporary “portables” will be used. Proposals must contain pricing for both the Temporary and Permanent facilities, but only one of these facilities will be serviced at any given time, depending upon the construction schedule. b. SUMMARY OF WORK TO BE PERFORMED:

The following is a general summary of the work to be performed.

Typical Daily Tasks:

1. Vinyl and Linoleum – sweep with an anti-dust treated mop. Wet mop large meeting rooms, kitchens, locker rooms and ceramics room floors.

2. Carpet and Mats – vacuum high traffic areas (main entries at all doors, lobbies, main corridors in buildings and open areas).

3. Drinking Fountains – clean, disinfect and polish.

4. Glass and Windows – spot clean all interior and exterior glass surfaces in building entrances and lobby to a height of 8”; removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas. Cleaning of glass areas shall include window and door frames and shall extend the full distance of the entrance.

5. Wastebaskets/Trash Containers – empty and reline plastic liners when dirty, ripped, or damaged with appropriate size and strength. Replace plastic liners on a monthly basis regardless of condition. Remove all other boxes, cardboard and containers to designated dumpsters. Break down all cardboard boxes before discarding in dumpster.

6. Recycle containers – empty on an as-needed basis into large recycle bins for pick-up by solid waste collection service.

7. Restrooms – clean and disinfect all sinks, urinals, toilets, partitions, countertops, and plumbing. Damp mop floors with NABC disinfectant; clean and polish chrome and stainless fixtures; clean, disinfect and deodorize interior and exterior of sanitary napkin depositories; replace disposal bags and plastic trash liners. Clean mirrors to be streak free; install disinfectant

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in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper, seat covers, paper towels, sanitary supplies).

8. Showers, Locker Rooms, Dressing Rooms – clean and disinfect all walls, floors, and curtains. Entire area to be free of streaks, soap scum, fungi, mildew, hair, urine deposits, and unpleasant odors. Install disinfectant in floor drains, disinfect HVAC vents and diffusers, clean light fixtures, polish chrome and stainless fixtures and clean mirrors to be streak free. Vacuum carpet areas and remove all stains. Clean and disinfect lockers inside and outside if unlocked. Do not disturb private belongings.

9. Kitchen Sinks, Counters Tabletops and Appliances – wash and disinfect.

10. Classroom/Meeting Room Countertops, Sinks, Fixtures – damp wipe.

Typical Weekly Tasks (to be performed at least once per week):

1. Vinyl and Linoleum – damp or wet mop using warm water with commercial- grade cleaner that leaves no visible or sticky cleaner residue when dry.

Rinse, if necessary, with clear, warm water and clean mop. Wipe any and all baseboards free of moisture and dirt. Protect all wall surfaces.

2. Stone, Marble, Slate, Granite, Ceramic Tile Travertine Floors, Stairs – damp mop with good quality cleaner recommended for the surface type on a dedicated mop. Ensure that floors are free of dust, dirt, cleaning material residue, streaks, mop strands, grease, and spills and thoroughly maintained to present an acceptable gloss. Protect walls from splashing and wipe baseboards of moisture and chemicals. Polish wood moldings if necessary to prevent moisture damage.

3. Carpet and Mats – vacuum with an industrial grade vacuum the entire carpeted area, including under chairs, tables, around furniture legs, and behind desks and furniture. Return moved items to their original position.

Pick up staples and other hard to remove items by hand. The carpet shall be free of visible dirt, litter, and soil.

4. Wall, Doors, and Ceilings – remove any and all fingerprints, smudges, dirt or accumulations.

5. Doors and Entrances – clean and polish interior and exterior surfaces to a height of 8”, removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations the full distance of the entrance front.

6. Dusting – remove all accumulated dust, dirt, and debris from the surfaces, corners, crevices of all shelving, desks, bookcases, tables, partition tops,

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31 17
window ledges and baseboards. Use treated mops and cloths to help prevent the redistribution of it into the air. Desktops are to be dusted only if papers have been removed.

7. Kitchens – damp wipe cabinet fronts and pulls, towel dispensers, and exterior of appliances (refrigerator, freezer, microwave, stove and ovens).

8. Classroom/Meeting Room Fixtures and Sinks – clean and sanitize.

9. Staircases and Railings – dust and wipe all staircase areas, including all railings and areas around and underneath stairs, vacuum carpet areas, spot clean carpet.

10.Door Handles and Light Switches – use damp cloth to remove all smudges, fingerprints and dirt; apply disinfectant.

11.Janitorial Closets – clean, organize, and stock on a regular basis and maintain all MSDS information in each closet.

Typical Monthly Tasks (to be performed at least once per month):

1. Vinyl and Linoleum – clean and wax (exclude restroom floors). In high traffic areas, dust entire floor and all corners with treated mop, damp mop and remove any spots or stains. Allow flooring to dry completely. Apply wax, feathering out to corners. Corners are to be waxed only as part of complete stripping process.

2. Carpet and Mats – spot clean high-traffic areas (main entries at all doors, elevator lobbies, and elevators and where food is available, main corridors).

Evenings and/or weekends will be required.

3. Dusting – remove accumulated dust, dirt, debris, and cobwebs from the surfaces, corners, crevices, light fixtures, window coverings, window ledges, doorframes and jambs and blinds as needed. Clean HVAC vent and ceiling tiles.

4. Stairwells – dust, vacuum, and wet mop interior of all stairwells, including interior fire escape staircases.

5. Furniture – clean and polish wooden furniture with approved polish as needed. Do not disturb any paperwork or desks, tables, and files. Vacuum upholstered furniture.

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6. Kitchen Floors – mop, degrease and disinfect with disinfectant. Refinish, if necessary, to maintain original appearance. Damp wipe exterior of appliances (refrigerator, freezer, stove, microwave and oven).

7. Wastebaskets/Trash Containers – wash and disinfect all wastebaskets and trash containers in all interior locations.

Typical Quarterly Tasks (to be performed at least once every three months):

1. Vinyl and Linoleum – degrease, mop with disinfectant and machine scrub floors.

2. Carpet (high traffic areas) – thoroughly vacuum, clean with good-quality cleaner and/or solvent, hot-water steam and vacuum extraction. Cover wet traffic areas with paper until dry. Use ventilating fans to hasten drying. Use water-resistant coated pads under furniture.

3. Interior Glass and Windows, Including Skylights – clean interior glass surfaces, remove any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations. Cleaning of interior glass areas shall include window frames and ledges.

4. Air Vents, Thresholds, Grease Traps, and Grills – clean.

Typical Semi-Annual Tasks (to be performed at least two times per year):

1. Stone, Marble, Slate, Granite, Ceramic and Travertine Floors, Stairs – use a conventional (buffer) machine with a 3M blue cleaning pad and a trigger spray bottle with clean water to buff. Let floor dry. Follow with a dust mopping and then a damp mopping. Let floor dry. Apply two (2) coats of floor finish. Ensure that floor is thoroughly dry between coats. Within 24 hours of last application of finish, buff with a high-speed buffing machine (1,100rpm). Protect wall finishes and wipe down baseboards to be free of moisture and residue. Polish as needed.

2. Carpet (classrooms) – thoroughly vacuum all areas, clean as needed with good-quality cleaner and/or solvent, hot-water steam and vacuum extraction. Cover wet traffic areas with paper until dry. Use ventilating fans to hasten drying in heavy-use areas. Use water-resistant coated pads under furniture.

3. Exterior Glass and Windows, Including Skylights – clean all exterior glass surfaces, removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations. Cleaning of exterior glass areas shall include window frames and ledges.

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c. VENDOR PROHIBITIONS:

1. Vendor may not store unrinsed or dirty mops or mop buckets in the storage areas.

2. Vendor may not make unauthorized alterations to the building.

3. Vendor may not use equipment or any portion of the facilities not related to performance of this Service Schedule.

4. Vendor may not use product that will cause damage to any surfaces or use any chemicals not approved by CITY.
d. General Provisions Regarding Floor Coverings:

Floor coverings vary in each building. They may include, but are not limited to:
carpet, vinyl, terrazzo, ceramic tile, concrete, and wood floor coverings.

1. VENDOR shall be responsible for performing the prescribed and appropriate cleaning method for each type of floor covering.

2. A double mop system shall be used. Restroom mops shall be different from mops used for all other areas.

4. ADDITIONAL SERVICES:

VENDOR, as the provider of janitorial services for CITY, shall provide additional services as requested by the CITY Building Maintenance Manager. The Building Maintenance Manager shall make such requests for additional non-emergency services with 48-hour notice. The 48-hour noticing requirement shall not apply, however, should the Manager determine that the service is an emergency, and required for public health and safety. In case of an emergency, CONTRACTOR shall provide service within three (3) hours of notification by CITY.

5. VENDOR STAFFING AND BUILDING ACCESS:

VENDOR shall provide labor, equipment, tools, supplies (unless otherwise noted), supervision, management, and other resources and services needed to perform the required work.

Employees will be required to adhere to CITY safety regulations and policies.

VENDOR agrees that it will, upon notice, immediately remove any supervisor or employee who is performing Services in a manner unsatisfactory to CITY.

VENDOR shall not represent that it or its employees are agents or employees of CITY.

VENDOR shall ensure that its personnel are thoroughly trained in and qualified for the work assigned. Prior to working in any CITY building, personnel shall have received training in Cal/OSHA’s Hazardous Communication Program and proper bloodborne pathogen procedures using an established program, or shall be immediately supervised by an employee so trained and qualified.

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Only assigned personnel will be permitted on CITY premises. A list of employees and potential employees, which includes dates of birth, social security numbers, and valid IDs shall be submitted to the Building Maintenance Manager. VENDOR shall provide Department of Justice background checks on all employees proposed for work assignment at the Police Department. CITY reserves the right to conduct background checks and reject any proposed employee that represents a liability or potential liability based on the results of the background check. All VENDOR employees shall display identification cards or uniform shirts that include their name and company at all times.

VENDOR’S employees are required to provide service in such a way as to not interfere with CITY activities. A schedule of CITY activities will be supplied to the VENDOR monthly or more frequently, as necessary.

VENDOR shall establish and implement methods of ensuring that keys are not lost or misplaced and are not used by unauthorized persons. No keys shall be duplicated. Lost keys shall be reported immediately to the Building Maintenance Manager. Costs associated with key replacement and/or re-keying locks because of a lost key will be the sole responsibility of CONTRACTOR.

6. SUBCONTRACTORS:

VENDOR shall not assign, transfer, or enter into any subcontract under this Agreement, nor any part thereof, without first obtaining the written consent of the Building Maintenance Manager or his/her designee. Contractor and any approved subcontractors will be expected to comply with the terms of the Agreement .

7. MATERIALS:

CITY shall provide VENDOR toilet tissue, paper towels, trash can liners, hand soap, toilet seat covers, and cleaning equipment. VENDOR shall provide all cleaning agents/chemicals. All cleaning supplies shall be approved by CITY prior to use. VENDOR may consult with CITY on specific materials currently in use by CITY. All cleaning products used by VENDOR must comply with current “Green” standards and requirements.

VENDOR shall submit to CITY twelve (12) copies of MSDS data sheets for all CITY-approved VENDOR -supplied materials and cleaning products in use by VENDOR.

8. STANDARDS OF PERFORMANCE:

VENDOR shall ensure that CITY buildings are continually maintained in a manner consistent with highest industry standards to insure cleanliness, health, and sanitation and shall provide regular and systematic inspections by its own supervisory personnel of all premises where services are performed. Written documentation of inspections must be maintained by VENDOR and may be reviewed by CITY upon request.

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Performance standards shall include, but not be limited to:

1. The absence of litter or undesirable debris;

2. The absence of dust on surfaces;

3. The complete, comprehensive and thorough cleaning of any item, including corners, inside, outside, top and bottom, under and over all surfaces;

4. The absence of surface marks, spills spots, marks, soil or other residue;

5. The absences of soil, wax or other buildup;

6. The absence of germs, bacteria, fungus, molds and other sources of infections; and

7. The immediate reporting to Building Maintenance staff of all problems that require repair.

9. RECORD KEEPING:

VENDOR shall document and record all work performed other than daily services, showing date of performance, area where work was performed, and percentage of work performed. Records will be made available to the Building Maintenance Manager upon request.

10. COMMUNICATION:

VENDOR shall designate a contact person to be available daily during business hours, as well as a contact person(s) to be available daily during off-hours for emergencies.

11. SAFETY; ACCIDENTS; EQUIPMENT SAFETY:

VENDOR shall post proper signage around all maintenance activities and ensure safe work sites. Restrooms must be closed to the public during maintenance activities.

Any and all accidents, regardless of how minor, involving another person, private property, or vehicle, shall be reported immediately to CITY Building Maintenance Manager or his/her designee. The CITY Building Maintenance Manager or his/her designee shall receive a copy of any written reports of incidents on CITY property.

VENDOR shall protect public and private utilities from damage, including all water, sewer, gas, or other conduits, all hydrants, and all other property that could become damaged during the process of providing these services.

12. HOLIDAYS:

Janitorial services will not be required on the following official CITY holidays in any building except the Police Station, which is open on all holidays and will require service:
•New Year’s Eve
•New Year’s Day

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•Martin Luther King, Jr. Day
•Presidents’ Day
•Memorial Day
•Independence Day (Exception: Permanent/Temporary Recreation Center restrooms and solid waste receptacles require service on Independence Day.)
•Labor Day
•Veteran’s Day
•Thanksgiving Day
•Day after Thanksgiving
•Christmas Eve
•Christmas Day

13. CITY RESPONSIBILITIES:

CITY shall manage its buildings and facilities operations. CITY shall maintain adequate emergency backup supply and stock of toilet tissue, paper towels, trash can liners, hand soap, and toilet seat covers.

14. CONTRACT TERM:

The initial contract period shall be from October 1, 2024, to September 30, 2026, unless terminated earlier in accordance with Section 2 of the Agreement. The parties may mutually agree to extend the term of the Agreement a total of 36 months (“Extended Term”). The Extended Term may be exercised in increments from two (2) to twelve (12) months. If the parties cannot agree to extend the term of the Agreement than the term shall expire.

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EXHIBIT B
VENDOR’S FEES and PAYMENT MILESTONES
Summary
Total Contract Services
Initial Term: October 1, 2024 through September 30, 2026 Extended Term: October 1, 2026 through September 30, 2029 (may be exercised in increments from two (2) to twelve (12) months).

Compensation:
•For a total amount not to exceed $338,184 annually for standard janitorial services; and
•For a total amount not to exceed $10,000 annually for on-call services, as requested by the City.

Itemized Fees
Janitorial Services
Project Payment Schedule Monthly
Milestone Amount of Payment
Standard Services $28,182.00 per month
On-call services $60 per hour, based on task orders
issued by City, not to exceed 10,000
annually
Should the parties exercise their option to extend the term of the Agreement for any of the extensions allowed under the agreement, pursuant to Section 2 of the Agreement, the not-to-exceed compensation paid to VENDOR for standard janitorial services during the extended term shall increase 3% per month and the itemized fee for on-call services during the extended term shall increase 3% per hour.

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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
NONE

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EXHIBIT D

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated September 3, 2024, by and between Julio’s Cleaning and Maintenance Services, hereinafter referred to as "Vendor”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Vendor's Duty to Show Proof of Insurance. Vendor, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Vendor's acts, errors, or omissions in connection with the performance of Vendor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Vendor shall not perform any work under this Agreement until Vendor has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS).

Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Vendor shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Vendor shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Vendor shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Vendor or City as an additional insured.

1.1 Insurance Requirements
☒ Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Vendor's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
☒ Business Automobile Liability Insurance

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Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
VENDOR shall submit written proof that VENDOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

VENDOR shall require any Subcontractors to provide workers' compensation for all of the Subcontractors' employees, unless the Subcontractors' employees are covered by the insurance afforded by VENDOR. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, VENDOR shall provide and/or require each Subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. Vendor shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. □ 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, Vendor, at Vendor's option, shall either (i) maintain said coverage for at least five (5) years

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following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

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

3.Insurance terms and conditions:

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

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

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

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

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

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

Alternatively, City may purchase such required insurance coverage, and without further notice to Vendor, City shall deduct from sums due to Vendor any premiums and associated costs

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advanced or paid by City for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Vendor agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

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

Construction Manager and its subcontractors shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

Other: [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.

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 E
SPECIAL TERMS and CONDITIONS
•All janitorial staff servicing City facilities must be fingerprinted for the purpose of doing a background check prior to entering any buildings. This fingerprinting will be done through the Foster City Police Department at the VENDOR’s cost. All employees assigned to the contract must, prior to beginning of work, pass a criminal background check and be fingerprinted. Assignment of employees who fail the check or are fingerprinted prior to assignment will constitute a breach of contract.
•Any janitorial staff members entering or servicing the Police Station must be made available to complete Security and Awareness Training provided by CITY and complete all necessary documentation identified by CITY as necessary to comply with California Law Enforcement Telecommunications System (CLETS) regulations.
•Key access to the Police Station will not be given to the janitorial vendor.

Janitorial Staff must check in with Police Department staff to be granted access to the building.

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EXHIBIT F
COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and Julio’s Cleaning and Maintenance Services (“Vendor”) dated September 3, 2024.

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

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

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

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

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

2. COVID-19 Conditions and Proposal. Vendor is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Vendor’s price and schedule. In order to be

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entitled to any relief from a COVID-19 Condition, the Vendor must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

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

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or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

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

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

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1 7
DATE: September 3, 2024

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

FROM: Tracy Avelar, Chief of Police
DEPARTMENT: Police
SUBJECT: PURCHASE MAINTENANCE RENEWAL FOR POLICE

DISPATCH CUSTOMER PREMISE EQUIPMENT AND
APPROPRIATION OF $18,714.72 FROM THE GENERAL FUND
BALANCE TO ACCOUNT NO. 001-0630- 421-4246 FOR FY 2024-
2025

RECOMMENDATION
It is recommended that City Council approve the attached resolution (Attachment 1) authorizing the Foster City Police Department (FCPD) to purchase a one-year maintenance renewal in the amount of $18,714.72 from Intrado to maintain the existing Customer Premise Equipment (CPE) for the agency’s dispatch center and authorizing an appropriation of $18,714.72 from the General Fund to Account 001 0630-421-4246 for FY 2024-2025.

EXECUTIVE SUMMARY
The existing CPE was purchased and installed in 2014 and included a five-year maintenance agreement with Intrado. Since the expiration of the five-year maintenance agreement, the FCPD has annually renewed it because Intrado is the sole source provider of maintenance service for the existing CPE. Because of Intrado’s sole source status, bidding has been dispensed as allowed by Section 3.04.110 B of the Foster City Municipal Code. The FCPD has utilized one-year maintenance agreements, and this is year 11. Utilizing one-year maintenance agreements is the preferred method to obtain service because of the imminent implementation of the cloud based, NextGen 9-1-1 (NG9-1-1) system. NG9-1-1 is developed and will be deployed by the Cal OES 9-1-1

6.2 6.2 Staff Report

49 7
1 7
branch. However, delays have occurred in the deployment of NG9-1-1, so the FCPD continues to use its current CPE. The renewal of this Intrado maintenance agreement allows the support of the current CPE until the NG9-1-1 system is ready for deployment. The one-year Intrado maintenance agreement cost $18,714.72. The cost of the agreement is reimbursed fully by the Cal OES; a Commitment to Fund document has been provided to confirm reimbursement (Attachment 3). Reimbursement is often provided within 30 days of the purchase.

BACKGROUND/ANALYSIS
CPE equipment is used to receive, and process calls made into the 9-1-1 system.

Some of the uses of the existing CPE include:

Receive wireless and landline 9-1-1 calls into the dispatch center. A text-to-9-1-1 system is in place to receive 9-1-1 text messages into the dispatch center.
Identify the location of a person calling 9-1-1.
Identify the location of calls into the 9-1-1 system that were dropped, abandoned by the caller, or misrouted.
Provide the agency with reporting and analysis information to examine and understand historical activity involving the 9-1-1 system.

The existing CPE was purchased and installed in 2014. According to the Cal OES 9-1-1 Branch, the recommended life of a CPE system is five years, which is when replacement CPE systems are recommended. When purchased by this agency, the existing CPE included five years of maintenance from Intrado. Since the expiration of the five-year maintenance agreement, the FCPD has annually renewed it because Intrado is the sole source provider of service for the existing CPE. Because of Intrado’s sole source status, bidding has been dispensed as allowed by Section 3.04.110 B of the Foster City Municipal Code. Maintenance for years 6-10 have been purchased annually.

The Cal OES 9-1-1 Branch is working on a cloud-based 9-1-1 system that will take the place of the existing 9-1-1 system. The new system is referred to as NextGen 9-1-1 (NG9-1-1). Cal OES is working closely with vendors, such as Intrado, to make this system available as soon as possible; however, unsatisfactory performance when vendors test their CPE using the NG9-1-1 system have caused substantial delays in the release of NG9-1-1.

Development of the NG9-1-1 system has been ongoing for several years. Because of the significant improvements and capabilities expected of the NG9-1-1 system when compared to the existing 9-1-1 system, the FCPD will retain the existing 9-1-1 system and CPE until the NG9-1-1 system is available. With the regular maintenance and service that Intrado has provided, the existing CPE has continued to serve the agency and community well. This is expected to continue through year 11.

6.2 6.2 Staff Report

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Until the NG9-1-1 is available, the existing CPE must be maintained and serviced regularly, and expeditiously when problems arise. The agency’s CPE is essential and is heavily relied upon to provide necessary services to the community. Intrado has maintained the existing CPE for ten years; there have been no issues with Intrado’s service that would cause concern with renewing our agreement with Intrado for an additional year of maintenance and service. Included in the maintenance renewal from Intrado is software protection, remote technical support, on-site support, and hardware protection service. As the maintenance period will begin on 9/04/2024, Intrado confirmed the existing maintenance plan would continue uninterrupted as we work toward making payment.

Currently, NG9-1-1 deployment is behind schedule. The State has not provided an exact deployment time, but the FCPD will continue with the Intrado CPE maintenance service until final Implementation.

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

FISCAL IMPACT
If approved, $18,714.72 will be appropriated to account No. 001-0630-421-4246 in the FCPD budget from the City’s General Fund. This purchase will be initially funded by the City and will be fully reimbursed to the City by the Cal OES 9-1-1 Branch. A Commitment to Fund document (Attachment 3) was provided by the Cal OES 9-1-1 Branch.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Quote from Intrado for a maintenance renewal period of 9/04/2024- 9/03/2025
Attachment 3 – Form TD-288: Commitment to Fund document from the Cal OES 9-1-1 Branch

6.2 6.2 Staff Report

51 2
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0 RESOLUTION NO. _________

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

AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE A ONE-YEAR MAINTENANCE RENEWAL FROM INTRADO IN THE AMOUNT OF $18,714.72 TO MAINTAIN THE EXISTING DISPATCH CUSTOMER PREMISE EQUIPMENT (CPE); AND AUTHORIZING APPROPRIATION OF $18,714.72 FROM THE GENERAL FUND TO ACCOUNT 001-0630-421-4246

CITY OF FOSTER CITY
WHEREAS, on November 18, 2013, the City Council adopted Resolution No. 2013-86 authorizing the Foster City Police Department to accept a 9-1-1 equipment purchase funding allotment of $154,000 from the State of California, and to enter into a contract for the purchase, installation, and maintenance of replacement 9-1-1 telephone communications equipment from Intrado in the amount not to exceed $154,000; and WHEREAS, the Department is interested in purchasing a maintenance renewal plan for the existing CPE; and
WHEREAS, the Department dispatch center relies on the CPE to receive wireless calls, landline calls, and text messages into the police dispatch 9-1-1 system; and WHEREAS, the Department CPE provides reporting and analysis information to examine and understand historical 9-1-1 system activity; and WHEREAS, Intrado will provide the purchased maintenance and service of their existing CPE as they have done for the previous ten years; and WHEREAS, the maintenance renewal period will be September 4, 2024 – September 3, 2025, and will include software protection, remote technical support, onsite support, and hardware protection service; and
WHEREAS, CPE is essential equipment and is heavily relied upon to provide necessary services to the community; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the purchase of a maintenance renewal plan from Intrado to maintain and service the existing police CPE for a total cost of $18,714.72, of which $18,714.72 will be reimbursed to the City by the California Office of Emergency Services 9-1-1 Branch.

BE IT FURTHER RESOLVED, the City Council authorizes an appropriation of $18,714.72 from the General Fund to Account 001-0630-421-4246.

6.2 Attachment 1 - Resolution

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0 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_______________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

53 The terms and conditions available at https://www.intrado.com/legal-privacy/terms/call-handling as of the date of this Quote will apply to this Quote, unless the parties have entered into a separate mutually executed agreement, or Customer is purchasing under a cooperative purchasing agreement. The terms of this Quote will govern any conflict with the above-mentioned terms, and Customer’s issuance of a purchase order for any or all of the items described in this Quote will constitute acknowledgement and acceptance of such terms. No additional terms in Customer’s purchase order will apply. This document contains confidential and proprietary information of Intrado, and such information may not be used or disclosed without prior written consent.

Company Name: Intrado Life & Safety Solutions Corporation Maintenance Renewal
for

Foster City PD, CA
(Direct)
Quote Number: 76227
Version: 1
June 13, 2024

6.2 Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2024-

9.03.2025

June 13, 2024

Summary - Foster City PD

Item Price

Maintenance $18,714.72

Total:

$18,714.72

Year Systems Professional
Services
Recurring
Services
Maintenance
Services
Totals
Year 11 $18,714.72 $18,714.72
Totals $18,714.72 $18,714.72

6.2 Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2024-

9.03.2025

June 13, 2024

Configuration Parameters - Foster City PD
Site Configuration
Total Positions 3
Maintenance
2 Software Protection and Remote Tech Support $2,832.96 On-Site Maintenance $14,164.80
Hardware Protection $1,716.96

Site: Foster City PD
Item# Description Qty List Price Selling Price Total

Software Protection and Remote Tech Support

950999/PRO1/1 Software Protection and
Remote Technical Support -
/Position - Year 11
3 $630.00 $944.32 $2,832.96

Subtotal $2,832.96

On-Site Maintenance

950999/ONS1-1/1 On-Site Maintenance, (per
position / year for 1 to 10
positions) - Year 11
3 $3,622.50 $4,721.60 $14,164.80

Subtotal $14,164.80

Hardware Protection

950999/HPSA1/1 Hardware Protection Stand
Alone System - /Position - Year
11 3 $420.00 $572.32 $1,716.96

Subtotal $1,716.96

Total $18,714.72

6.2 Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2024-

9.03.2025

June 13, 2024

Notes
1 This quote is providing pricing for (3) call taking positions for Foster City PD for the following services:

- Software Protection
- On Site Maintenance
- Hardware Protection

Effective: 4 SEP 2024 - 3 SEP 2025

Previous Quote: Q78643D

2 Software Protection and Remote Technical Support is a coverage requirement with the purchase and ownership of Intrado CPE system equipment.

Software Protection and Remote Technical Support cannot be deleted from quotes or system orders.

Once a Software Protection and Remote Technical Support service contract is established for the site during system initial purchase, all items subsequently added to the site will not require an additional contract, but the acquisition of additional positions will increase the price of the services. a. For sites with one year coverage contracts, the increased price will be reflected in the quote at the next contract renewal point.
b. For sites with multi-year agreements, the customer will be required to retract the remaining years of the original purchase order and issue a new purchase order for the remaining period covering the original system and new positions.

If a contract for Software Protection and Remote Technical Support expires without rene wal, causing a lapse in coverage, the customer’s access to the Support Center will be discontinued and a notification of services termination will be issued. Reinstatement of the lapsed coverage will require the following from the customer:

a) Payment in full for the lapsed period at the prevailing per-seat rate

b) Purchase of a new maintenance agreement (one-year or five-year)

c) System Recertification fees in the form of a Class A inspection at $1,500.00 per day plus related travel and expense charges.

Software Protection
This offering provides for the availability of software product updates. Installation and training (if needed) are not included. Intrado will publish periodic software release bulletins to customers which announce important product updates for Intrado software. Customers may then request the new update from Intrado based on applicability of the release to customer’s system. Customer is responsible for installation of all these releases, unless the On -Site Maintenance Service is purchased. If On-Site Maintenance has not been purchased and the customer prefers to have Intrado deploy a new release, Intrado will dispatch appropriate personnel to perform the upgrade on a mutually agreed upon date at Intrado’s then current prices for such services.

Remote Technical Support
Support is provided by associates who specialize in the diagnosis and resolution of system performance issues.

Remote Technical Support is available 24/7 through both a toll free hotline and a secure customer Internet portal.

All service inquiries are tracked by a state-of-the-art CRM trouble ticket system that can be queried by customers through the online portal to obtain the most up-to-date status on their issues.

3 On-site Support Services are primarily designed to assist with issues that require system expertise in troubleshooting and restoration at the customer’s location.

6.2 Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2024-

9.03.2025

June 13, 2024

On-site Support Services include travel costs and time and labor related to the service incident. Also included in the service are quarterly on-site preventative and routine maintenance reviews (four per year) of the customer ’s Intrado system. These maintenance visits can include the installation of routine updates to software. Training, configuration changes, reprogramming and system upgrade labor are not included in this offering, but are available for purchase.

On-Site Support Services options include the designation of a technician dedicated specifically to the customer ’s deployment(s), or alternately a non-dedicated resource available for use with other customers. Intrado may engage third-party vendors to provide the On-Site Support Services.

4 Hardware Protection Service provides for the replacement of any non-operating Intrado provided hardware component, with the exception of monitors. This offering only provides for the replacement of the hardware item.

Installation services and training (if needed) are not included. This service does not cover items where warranty has been voided due to abuse, Force Majeure or other actions.

When the Intrado Technical Support Center concludes that an item is non -operational, a fully functioning new or refurbished unit will be shipped to the customer. This unit will then become the property of the customer and will restore the functionality of the non-working item, but it may not be the exact same model as the original. The shipment of the replacement item will include a pre-printed shipping label used for the return of the nonworking item from the customer.

6.2 Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2024-

9.03.2025

June 13, 2024

Terms

VENDOR NAME
Intrado Life & Safety Solutions Corporation
Include quote number
and customer EIN/Tax Identification Number
on P.O.

SUBMIT P.O.

[email protected]

PRICING All prices are in USD
Taxes, if applicable, are extra.

Handling and Shipping charges are extra unless specified on the quote.

SHIPPING TERMS FCA (Montreal), INCOTERMS 2023
INVOICING If Intrado is not performing Installation, software and equipment will be deemed accepted when Intrado has completed its shipping obligations. If Intrado is performing Installation, then Customer will provide Intrado with a written notice of acceptance or rejection, based on a Severity Level 1 or 2 failure (as defined in the Maintenance and Support terms), within ten calendar days after Intrado ’s notice of System Cutover (“Notification Date”), which acceptance will not be unreasonably withheld or conditioned. If Customer does not accept software and equipment, it will notify Intrado in writing within ten calendar days of the Notification Date, and will specify the Severity Level 1 or 2 failu re.

Intrado will use commercially reasonable efforts to promptly diagnose and correct all identified failures, and the acceptance process will be repeated until acceptance occurs. If Customer fails to provide written notice of rejection as stated above within the time stated above, acceptance will be deemed to have occurred. “System Cutover” will mean the first date that software and equipment is used for live call-taking or dispatching. If software and/or equipment are being installed at multiple sites, the above acceptance process will apply to each site. The date of acceptance of the first site will be referred to as “Final Acceptance.” Services will be deemed accepted when performed. If installation is not purchased, then all fees will be invoiced on shipment. If installation is purchased, Customer will be invoiced according to the following terms:
• 30% on acceptance of Customer’s Order
• 30% on shipment
• 30% on System Cutover
• 10% on Final Acceptance

DELIVERY TBD
VALIDITY Quote expires on December 10, 2024.

However, part numbers beginning with Q, such as QXXXXX, constitute unique third-party components. These components, including model and price, (i) may be subject to change at any time; and (ii) are non-cancellable, non-refundable, and non-exchangeable at any time.

COPYRIGHT The information contained in this document is proprietary to Intrado Life & Safety Solutions Corporation and is offered solely for the purpose of evaluation.

6.2 Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2024-

9.03.2025

June 13, 2024

Optional Signature Page
Customer can purchase the products and services in this Quote by:

- Issuing a purchase order for the Total Amount of the quote OR
- By signing below

Intrado Quote Number: 76227 Version: 1 Date Issued: June 13, 2024

Total Purchase Amount (Not including Optional Products or Services): $18,714.72

Please check one: Bill the Total Amount Upfront: ______ Bill Annually: _______

ACCEPTED AND AGREED:

Customer is committing to the Total Purchase Amount listed above.

Customer Entity Name: Foster City PD, CA

Signature: ____________________________________________

Printed Name: ________________________________________

Title: __________________________________________________

Date Signed: __________________________________________

By signing above, Customer acknowledges and agrees with the terms of the box checked below:

______ A customer purchase order is required to pay any invoice relating to this quote. Customer acknowledges that Intrado will not ship any equipment or software, or commence any services, until it has received customer’s corresponding purchase order.

X A customer purchase order is NOT required to pay any invoice relating to this quote. The signature above authorizes Intrado to ship, provide services, and invoice customer.

The terms and conditions available at https://www.intrado.com/legal-privacy/terms/call-handling as of the date of this Quote will apply to this Quote, unless the parties have entered into a separate mutually executed agreement, or Customer is purchasing under a cooperative purchasing agreement. The terms of this Quote will govern any conflict with the above-mentioned terms, and Customer’s issuance of a purchase order for any or all of the items described in this Quote will constitute acknowledgement and acceptance of such terms. No additional terms in Customer’s purchase order will apply. This document contains confidential and proprietary information of Intrado, and such information may not be used or disclosed without prior written consent.

6.2 Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2024-

9.03.2025

60 CALIFORNIA GOVERNORS OFFICE OF EMERGENCY SERVICES
COMMITMENT TO FUND 9-1-1 EQUIPMENT AND SERVICES
OES-PSC-288 (Rev. 11-2022)
Public Agency: Contractor Name:

Address: Mailing Address:

City, State, Zip: City, State, Zip
PSAP Manager: Representative:

E-mail Address: E-Mail Address:

Phone Number: Phone Number:

ALT Contact/Phone:

Type of Funding Request:
( ) 9-1-1 Equipment ( ) 9-1-1 Network ( ) Training
( ) 9-1-1 Education ( ) County Coordinator Expense ( ) 7-Digit Phone Lines (x) Maintenance ( ) Other: CPE RESIDUALS
Quantity Service/
Eqmt. ID# Unit Cost Installation Monthly
Cost
Total
Recurring
Cost
Total Non-
Recurring Cost
-
12 1,559.56 18714.72 0.00
- 0.00
- 0.00
- 0.00
-
- 0.00
- 0.00
- 0.00
- 0.00
18,714.72 -
TD-288 expiration date: Fiscal Year:

All invoices shall refer to tracking number: 27036 Account Name:

DATE
HEATHER CRANE 916-894-5157 JANEE DABROWSKI

APPROVED BYTELEPHONERECOMMENDED APPROVAL BY
The State of California's monetary obligation under this agreement in subsequent fiscal years is subject to, and contingent upon, availability of funds in the State Emergency Telephone Account. Please be advised that this commitment to fund does not constitute a binding purchase order agreement.
18,714.72$

PUBLIC SAFETY COMMUNICATIONS
4107 / 702.14

TOTAL APPROVED

LOGISTICS MANAGEMENT
Subtotal
2024-2025
Description of Equipment and Services to be funded:

INTRADO to provide monthly maintenance of VIPER Power911 system; (3) positions; per Quote#76227; YR-11 service-period:
9/04/2024-9/03/2025. PSAP may cancel service, giving INTRADO 30 days written notice; cancelation shall occur upon subsequent CPE replacement.

PAYMENT PROCESSING: Foster City PD shall pay INTRADO directly for service, then seek reimbursement in arrears of payment from state via the CA911 Branch TD290-Reimbursement Claim form process; complete/submit TD290 to state with copy of vendor invoice and agency proof-of-payment (copy of canceled check and/or detailed accounting ledger may be accepted); include TD288-State Tracking# 27036 on TD290 form.

PAYMENT ROUTE: PSAP REIMBURSEMENT
SVS PERIOD: 09/04/2024 - 09/03/2025
911 CALL-TAKING POSITIONS: (3)
INTRADO QUOTE#76227
INTRADO; VIPER MAINTENANCE
Description
N/A
Tax and Surcharge
Purchase/Service Information: Include equipment or service description, quantity, part number, unit cost, installation cost, monthly cost, tax and total cost. Attach contractors quote or PSAP purchase order, where applicable.

STATE OF CALIFORNIA
[email protected]
951-805-3731
This Form To Be Completed By The State 9-1-1 Office Only

FOSTER CITY PD
FOSTER CITY, CA 94404
CPT. MARTIN TICAS
ALT Contact/Phone:

Ruth Cruz
[email protected]
1030 HILLSDALE BLVD

INTRADO LIFE & SAFETY SOLUTIONS

CORPORATION
650-286-3318
(Rev. 11-2022) 1 OES-PSC-288
Docusign Envelope ID: F1DBB0B7-9ECA-43ED-BC25-332CFA4BBC34 7/25/2024
7/29/2024

6.2 Attachment 3 - Form TD-288 Commitment to Fund document from the Cal OES 9-1-1 Branch

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DATE:September 3, 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
Leslie Carmichael, Consultant Planner
DEPARTMENT: Community Development
SUBJECT:HOUSING ELEMENT 2023-31 IMPLEMENTATION ROADMAP

AND FINDING THAT THE ROADMAP IS WITHIN THE SCOPE

OF THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER
2022010509) PREPARED FOR THE FOSTER CITY HOUSING

AND SAFETY ELEMENTS UPDATE

RECOMMENDATION
It is recommended that the City Council approve the attached Resolution (Attachment 1) approving the Housing Element 2023-31 Implementation Roadmap (Roadmap) and finding that the Roadmap is within the scope of the Environmental Impact Report (SCH Number 2022010509) prepared for the Foster City Housing and Safety Elements Update.

EXECUTIVE SUMMARY
The Housing Element is an integral part of the Foster City General Plan that serves to identify the community’s housing needs; state the community’s goals and objectives for housing production, rehabilitation, and preservation, and conservation to meet those needs; and define the policies and programs that the community will implement to achieve the stated goals and objectives. On March 20, 2024, the City Council adopted a General Plan Amendment consisting of revisions to the 2023-31 Housing Element. It includes seven (7) goals, 37 policies and 106 programs to be implemented over an 8-year period.

Government Code Section 65400 requires each jurisdiction to prepare an Annual

6.3 6.3 Staff Report

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Progress Report (APR) on the jurisdiction’s status and progress in implementing its housing element. Each jurisdiction’s APR must be submitted to the Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1 of each year (covering the previous calendar year. HCD has created the Housing Accountability Unit to ensure that jurisdictions follow through with their Housing Element commitments by implementing its goals, policies and programs.

In order to stay on track for a timely implementation of the goals, policies and programs outlined in the Housing Element, staff prepared a draft Roadmap and presented it to the City Council on August 19, 2024. At the meeting, staff sought direction from the Council on the draft Roadmap, including the following:

1. Does the City Council agree with the Guiding Principles presented in the Roadmap?

2. Does the City Council agree with the key strategies identified?

3. Should programs be added or subtracted from the Table 2, "Proposed Funding Summary by Program" as proposed for funding at this time?

4. Are the funding amounts in Table 2, "Proposed Funding Summary by Program" generally acceptable?
The City Council, by Minute Order, accepted the draft Roadmap as presented in the staff report. Staff also noted that staff will return to the City Council at a future date for: 1) acceptance of the Roadmap and direction to pursue Notice of Funding Availability (NOFA) opportunities, 2) approval of the application for the HCD issued 2024 Local Housing Trust Fund (LHTF) Program NOFA in the amount of up to $5M, and 3) associated budget amendments/appropriations.

In a separate staff report for September 3, 2024, staff is recommending approval of the application for the HCD LHTF Program in the amount of up to $5M, and associated budget amendments/appropriations.

BACKGROUND/ANALYSIS
Implementation of the Housing Element includes the unit production goal of 1,896 units (777 market rate and 1,119 below market rate), the City of Foster City’s assessed Regional Housing Needs Allocation (RHNA) target. To reach the assessed target for below market rate (BMR) units, the City of Foster City must either facilitate development of a substantially greater number of market rate units than the target (if it relies solely on the 20% inclusionary housing requirements) and/or the city must facilitate development of 100% affordable projects. In addition to new production, implementation includes preservation of existing affordable units and providing fair housing and other program information and services.

The Roadmap is a strategy to guide planning and manage priorities for implementation of the Housing Element policies and programs, with special focus on the near-term priorities to facilitate meeting the seven (7) goals and 37 policies of the Housing Element, and the issued RHNA targets for the eight-year planning cycle. The Roadmap includes

6.3 6.3 Staff Report

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recommendations for leveraging the city’s available housing funds by using them as matching funds for county and state housing funding opportunities advertised through Notices of Funding Availability (NOFAs). Staff sees this as a working document that will be modified and adjusted as conditions change, such as when new funding opportunities become available, funding applications are not successful, or opportunities for collaboration with other jurisdictions or organizations become available. The Roadmap identifies potential sources of funding and could also provide the staff with the flexibility to apply for future funding opportunities up to a certain amount that are consistent with the Housing Element goals and policies in order to provide staff with the ability to respond to short-turnaround applications. It includes prioritization of programs, financial analysis, and recommendations for the use of the city’s limited available housing funds.

The City maintains several funds related to affordable housing. Some of these funds are available for implementation of Housing Element programs and some are dedicated for specific purposes. The various funds and their sources are described in detail in the Roadmap.

At the present time, the amount of housing funds available for implementation of Housing Element program adds up to approximately $8 million as shown in Table 1. The amounts available in each fund may change slightly when the FY 2023-24 closing balances are finalized. Because the main source of funds, the Commercial Linkage Fee (Fund 137), is dependent on the timing, amount, and type of future development, the projection for additional funds is uncertain. In addition, approximately $1.4 million in shared equity for the seven Emerald Bay ownership units would be added to Fund 122 if those units are sold or refinanced after the deed restrictions expire in 2026, but the timing for those sales is uncertain. Staff’s recommendations assume no significant additional housing revenues within the 2023-2031 Planning period. If significant revenues are received, the spending plan in the Roadmap can be adjusted.

In addition to the funds shown in Table 1, funds in Fund 128 General Plan – Building and Construction Ordinance – Zoning Code Maintenance Fund can be used to implement programs that require amendment of the general plan or building or zoning regulations.

Table 1: Existing Housing Funding Resources
Fund
Successor
Agency
Affordable
Housing Fund
122
City
Affordable
Housing
Fund
124
Commercial
Linkage Fee
Fund 137
Local Housing
Trust Fund
145
Total
Beginning balance
6/30/24
$2,475,623 $708,648 $5,405,386 0 $8,589,657
Reserve $300,000
for EUPP Property
Reserve
$-300,000 -$300,000
Transfer
Commitment for
EUPP County
-$50,000 $50,000 0

6.3 6.3 Staff Report

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Fund
Successor
Agency
Affordable
Housing Fund
122
City
Affordable
Housing
Fund
124
Commercial
Linkage Fee
Fund 137
Local Housing
Trust Fund
145
Total
Match
Reserve for FY
2024/25 Budget
-$156,384 -$110,000 -$266,384
Transfer per FY
2024/25 Budget
-$500,000 $500,000 0
Total Available $1,969,239 $708,648 $4,795,386 $550,000 $8,023,273 From time to time, staff applies for grants and funds at County, Regional, State and Federal agencies to add to the City’s financial resources or uses the services provided by these agencies. The potential sources most relevant to Foster City are provided in the Roadmap. Please refer to Exhibit A, attached to Resolution (Attachment 1).

Funding Summary
The Roadmap includes a funding strategy to utilize existing affordable housing funds together with prospective matching funds to the extent feasible as shown in Table 2 to implement Housing Element programs that requires extensive financial resources. This proposal includes using 5.49 million in City funds of the available $8.0 million, including $4,675,000 of the $5,405,386 in Fund 137 Commercial Linkage Fee, which has a five- year time limit from the date of each receipt. The funding and implementation of associated programs would be spread out over the six years remaining in the 2023-2031 Planning period.

The funding strategy outlined in Table 2 may change as additional financial resources are secured or other conditions change, including not being successful in obtaining an award of HCD LHTF monies. Staff will also collaborate with the City Attorney’s office on a more detailed review to ensure that the proposed uses of the funds are consistent with any restrictions for the specific funding sources. Staff is not proposing any spending from Fund 124 at this time in order to maximize the funds spent from Fund 137 Commercial Linkage Fee that have a time limit. The use of Fund 124 may be revisited for future Housing programs.

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Table 2: Proposed Funding Summary by Program (see page 34, Attachment 1, Exhibit A) Conclusion
Upon approval from the City Council, staff will use the Roadmap as the guiding document for the following purposes:

1. The use of existing affordable housing funds for the implementation of Housing Element programs inconsistent with any restrictions for the specific funding sources; and

2. Apply for future funding opportunities up to a certain amount that are consistent with the Housing Element goals and policies.

CEQA
The consideration of the Housing Element Implementation Roadmap is exempt from CEQA under Section 15262 Feasibility and Planning Studies. The actions to implement the Housing Element are within the scope of the Environmental Impact Report (SCH Number 2022010509) prepared for the Foster City Housing and Safety Elements Update.

FISCAL IMPACT
The Housing Element Implementation Roadmap includes recommendations for spending from several of the City’s affordable housing funds. This is consistent with the purposes of these funds, including the requirement to spend Commercial Linkage Fee revenues within a specified timeframe.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

Attachment 1 – Resolution
Exhibit A - Housing Element 2023-2031 Implementation Roadmap

6.3 6.3 Staff Report

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7 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE HOUSING ELEMENT 2023-31 IMPLEMENTATION ROADMAP (ROADMAP) AND FINDING THE ROADMAP WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER 2022010509) PREPARED FOR

THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that serves to identify the community’s housing needs; state the community’s goals and objectives for housing production, rehabilitation, and preservation, and conservation to meet those needs; and define the policies and programs that the community will implement to achieve the stated goals and objectives; and WHEREAS, the Government Code Section 65400 requires each jurisdiction to prepare an annual progress report (APR) on the jurisdiction’s status and progress in implementing its housing element. Each jurisdiction’s APR must be submitted to Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1 of each year (covering the previous calendar year; and
WHEREAS, in order to stay on track for a timely implementation of the goals, policies and programs outlined in the Housing Element, staff prepared a draft Housing Element 2023-31 Implementation Roadmap (Roadmap) and presented it to the City Council on August 19, 2024, for direction; and
WHEREAS, on August 19, 2024, the City Council, by Minute Order, accepted the draft Roadmap as presented in the staff report; and
WHEREAS, the Roadmap is a strategy to guide planning and manage priorities for implementation of the Housing Element policies and programs, with special focus on the near-term priorities to facilitate meeting the seven (7) goals and 37 policies of the Housing Element, and the issued RHNA targets for the eight-year planning cycle; and WHEREAS, staff will use the Roadmap as the guiding document for (a) funding strategy for the use of existing affordable housing funds for the implementation of Housing Element programs in consistent with any restrictions for the specific funding sources; and; (b) apply for future funding opportunities up to a certain amount that are consistent with the Housing Element goals and policies; and
NOW, THEREFORE, BE IT RESOLVED that the City Council, based on the facts and analysis in the Staff Report, written and oral testimony, and exhibits presented finds that the project is consistent with the Foster City 2023-2031 Housing Element and Safety Element Environmental Impact Report, adopted on May 22, 2023, State Clearinghouse Number 2022010509.

6.3 Attachment 1 - Resolution

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5 3
7 BE IT FURTHER RESOLVED that the City Council approve the Housing Element 2023-31 Implementation Roadmap as attached as Exhibit A to the Resolution.

PASSED AND ADOPTED as a Resolution by the City Council of the City of Foster City at a Regular Meeting thereof held on September 3, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

69 FOSTER CITY
Housing Element 2023-2031
Implementation Roadmap
August 2024
Prepared by:

Foster City Community Development Department and

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Table of Contents

1. EXECUTIVE SUMMARY............................................................................................................. 1

2. INTRODUCTION ....................................................................................................................... 3

3. SUMMARY OF HOUSING NEEDS .............................................................................................. 5

4. HOUSING ELEMENT GOALS, POLICIES, AND IMPLEMENTATION PROGRAMS ......................... 7

5. FINANCIAL RESOURCES............................................................................................................ 9 A. CITY FINANCIAL RESOURCES....................................................................................................... 9 B. COUNTY FINANCIAL RESOURCES................................................................................................ 13 C. REGIONAL FINANCIAL RESOURCES............................................................................................. 15 D. STATE AND FEDERAL FINANCIAL RESOURCES................................................................................ 15 E. EXISTING AND PROJECTED REVENUES FROM EXISTING SOURCES....................................................... 18

6. STAFFING RESOURCES ........................................................................................................... 21 A. FOSTER CITY......................................................................................................................... 21 B. SAN MATEO COUNTY............................................................................................................. 23 C. PARTNERSHIPS....................................................................................................................... 23

7. STRATEGIES AND ACTIONS .................................................................................................... 25 A. GUIDING PRINCIPLES.............................................................................................................. 25 B. SUMMARY OF STRATEGIES AND ACTIONS.................................................................................... 25 C. HOUSING ELEMENT IMPLEMENTATION ACTIONS FOR 2024 ............................................................29 D. FUNDING RECOMMENDATIONS................................................................................................. 32

8. IMPLEMENTATION BY YEAR .................................................................................................. 35

9. APPENDICES........................................................................................................................... 41 APPENDIX A: POLICY/PROGRAM MATRIX (HOUSING ELEMENT TABLE 8-5)...........................43 APPENDIX B: HOUSING PROGRAM NEAR-TERM IMPLEMENTATION PROGRAMS..................51 APPENDIX C: AFFORDABLE HOUSING FINANCE 101, 21 ELEMENTS, 2022. ............................59

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List of Tables
Table 1: Regional Housing Needs Assessment, City of Foster City ............................................. 5 Table 2: Housing Element Goals................................................................................................. 7 Table 3: Summary of City Housing Funds ................................................................................. 12 Table 4: HCD NOFA Summary................................................................................................... 16 Table 5: Existing Funding Resources......................................................................................... 19 Table 6: Projected Revenues: FY 2024-25 to FY 2028-29 ......................................................... 19 Table 7: Housing Element Implementation Actions for 2024................................................... 29 Table 8: Proposed Funding Summary by Program. .................................................................. 34 Table 9: Implementation Programs by Year............................................................................. 35 List of Figures
Figure 1: Community Development Department Organization Chart....................................... 22

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1. Executive Summary
This Housing Element 2023-2031 Implementation
Roadmap (”Roadmap”) provides a strategy to guide
planning and priorities for implementation of the
Housing Element policies and programs, with special
focus on the near-term priorities to facilitate meeting the seven goals, 37 policies, and 106 implementation
programs of the Housing Element, and the issued RHNA
targets for the eight-year planning cycle. The Roadmap
includes prioritization of programs, financial analysis, and recommendations for the use of the City’s limited
available housing funds. The City’s currently available housing funds are approximately $8 million.

Most of the implementation programs can be
accomplished with existing resources, primarily staff
time and City Council approval. A few, however, require additional funding. The Roadmap includes
recommendations for leveraging the City’s available housing funds by using them as matching funds for county and state housing funding opportunities advertised through Notices of Funding Availability (NOFAs). Many of these sources are very competitive and/or require conditions that don’t apply to Foster City at the present time, such as proximity to major transit or “shovel ready” projects. The Roadmap includes the recommended allocation of the City’s funds to the proposed programs.

The Roadmap is a working document that will be modified and adjusted as conditions change, such as when new funding opportunities become available, submitted funding applications are not successful, or opportunities for collaboration with other jurisdictions or organizations become available. Minor adjustments may be made by the Community Development Director with major changes in direction to be reviewed by the City Council. The Roadmap identifies potential sources of funding and provides staff with the flexibility to apply for future funding applications up to $50,000 that are consistent with the Housing Element goals and policies in order to provide staff with the ability to respond to short-turnaround funding opportunities.

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2. Introduction
The Roadmap provides a recommended
approach to implement the goals, policies,
and programs contained in the 2023-2031
Housing Element, adopted May 22, 2023
with revisions adopted March 20, 2024. In
addition, the Roadmap ensures use of
appropriate funds and funding opportunities
and provides an overview of financial
planning resources and tools available for
implementing the Housing Element
programs.

The Housing Element is an integral part of
the Foster City General Plan that serves to
identify the community’s housing needs;
state the community’s goals and objectives
for housing production, rehabilitation, and
conservation to meet those needs; and
define the policies and programs that the
community will implement to achieve the
stated goals and objectives.

On March 20, 2024, the City Council adopted
a General Plan Amendment consisting of revisions to the 2023-31 Housing Element and on April 18, 2024, the City received a letter from Department of Housing and Community Development (HCD) that the adopted housing element is in substantial compliance with State Housing Element Law.

This Roadmap analyzes priorities, resources, funding opportunities, and budget requirements for implementing the seven goals outlined in the Housing Element.

This Roadmap will be updated periodically by the Community Development Department to reflect completed tasks and progress as well as to refine the Roadmap for future years.

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3. Summary of Housing Needs
The Council adopted Housing Element includes seven (7) primary housing needs for the 2023-31 planning period. The seven primary housing needs identified for the City of Foster City are:

1.Provide resources and/or access to resources to address the high cost of housing – about

32.6% of renters and 32.9% of owners are cost burdened or severely cost burdened.

2.Provide opportunities to age in place – Increasing senior population results in needs to age in place, move to multi-family and/or accessible units.

3.Increase the housing supply – the increase in jobs to household ratio creates need for more units.

4. Provide opportunities for home ownership for low- and moderate-income households – costs are out of reach for households earning a low or moderate income.

5.Provide more housing choices for those with disabilities – persons with disabilities face additional housing challenges.

6.Increase the supply of extremely low-income units – very few housing units are available for extremely low-income households.

7.Increase opportunities for a wide variety of housing types – a variety of housing types in all areas of the city are needed to provide housing choices for all types of households.

The Housing Element includes a Housing Needs Action Plan that organizes the strategies and programs of the Housing Element by each need.

The production of additional housing units to address housing needs is a key component of the Housing Element. The Association of Bay Area Governments (ABAG) determines the housing production targets for each jurisdiction in the nine-county Bay Area. Foster City’s Regional Housing Needs Assessment (RHNA) for 2023-2031 is 1,896 units. The breakdown of the number of units based on the affordability levels is shown in Table 1:

TABLE 1: REGIONAL HOUSING NEEDS ASSESSMENT, CITY OF FOSTER CITY BELOW MARKET RATE UNITS 1,119

MARKET RATE
UNITS

VERY LOW- INCOME
UNITS

LOW-INCOME
UNITS

MODERATE-INCOME
UNITS

ABOVE MODERATE-INCOME

UNITS TOTAL UNITS
520 299 300 777 1,896
The RHNA is based on factors including population growth, job growth, increasing diversity, an increasing number of seniors, percentage of households with incomes below the area median- income, home values, rents, and single-family home growth. To meet the RHNA targets for 2023-

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2031 will be extremely challenging for Foster City, due in large part to the lack of available vacant land and factors out of the City’s control such as interest rates and construction costs. This Roadmap provides a framework for prioritizing factors that are within the City’s control, including providing opportunities for expediting and streamlining the development review processes, prioritizing certain types of housing, and creating incentives.

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4. Housing Element Goals, Policies, and
Implementation Programs
Chapter 8, Housing Goals, Polices, and Programs, of the Housing Element establishes the housing goals and policies for the city and describes the implementation programs that the city needs to undertake in the 2023-2031 planning period. These goals, policies, and programs aim to encourage additional housing in a way that is balanced with the community’s desires to retain the aspects of Foster City that make it a great place to live, work, and play. The seven (7) goals are shown in Table 2.

These seven (7) goals can be seen as part of a framework for new housing production that will address a variety of housing needs, the preservation of existing affordable housing, and strengthen tenant protections.

Chapter 8 of the Housing Element includes policies and programs with various timeframes to work toward these goals. These programs are summarized in Housing Element Table 8-5:

Policy/Program Matrix (see Appendix A). To meet the seven (7) Housing Element goals and housing needs, there are 37 policies and 106 programs included in the Housing Element. Of these 106 programs, 60 are ongoing or need to be done annually, and two need to be done quarterly.

This Roadmap focuses on the programs that require new efforts or programs, with less emphasis on the required continuation of established procedures and programs.

TABLE 2: HOUSING ELEMENT GOALS
H-A Goal: Reinforce the City’s Commitment to Meeting Housing Needs H-B Goal: Protect Existing Housing, Waterfront Character and Resources H-C Goal: Protect the Supply and Affordability of Rental Housing H-D Goal: Pursue Public and Private Redevelopment Opportunities to Increase the Supply of Housing
H-E Goal: Address Affordable Housing Needs
H-F Goal: Address Housing for Special Needs Populations H-G Goal: Affirmatively Further Fair Housing

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5. Financial Resources
The implementation of the Housing Element programs, especially the production of affordable housing, requires significant funding. This section of the Plan explores options for internal and external funding resources for implementing affordable housing strategies.

Implementation of the Housing Element includes a housing unit production goal of 1,896 units (777 market rate and 1,119 below market rate), Foster City’s assessed production target. To reach the assessed target for below market rate units, Foster City must either facilitate development of a substantially greater number of market rate units than the target and/or the City must facilitate development of 100% affordable projects. In addition to new housing production, implementation includes preservation of existing affordable units, addressing housing for special needs populations, and affirmatively furthering fair housing by expanding housing mobility and choices as well as providing improved access to fair housing information and services.

A. CITY FINANCIAL RESOURCES
The City maintains several funds related to affordable housing which are summarized below.

Some of these funds are available for implementation of Housing Element programs and some are dedicated for specific purposes. The discussion below describes the purposes, source of revenue, and obligations of the various funds, which are summarized in Table 3, including amounts available for Housing Element implementation.

For the funds that are available for Housing Element implementation, the factors that were used to determine the amounts available for Housing Element implementation, such as deductions for existing obligations, are shown in Table 5 and projected revenues are shown in Table 6.

Successor Agency Affordable Housing Fund (Fund 122)
From the creation of the Community Development Agency (CDA or ‘Agency’) in 1981 to the dissolution of redevelopment agencies by the State in 2012, the City’s major source of funds for affordable housing was the Agency’s set-aside housing fund. At the time the Agency was dissolved, the State “swept” $12.1 million of the Agency’s funds that were not already obligated.

During the tenure of the Agency, 383 units of affordable housing were created, including both rental and ownership units (including First-Time Homebuyer Loans).

In 2012, the City Council exercised its right to become the Successor Housing Agency to the former CDA. All non-cash housing assets and obligations, including the affordable housing units formerly owned and operated by the Agency, and loans receivable from the Metro Center Senior Housing Project and individual borrowers under the former First Time Homebuyer Loan Program, were transferred to the Successor Agency. Fund 122 was established to handle the revenues and expenditures related to these non-cash housing assets and obligations.

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A separate fund, Fund 604, established to manage the continuing financial obligations of the Successor Agency, including affordable housing obligations related to Marlin Cove and Miramar Apartments and monitoring affordable housing covenants in various developments, are funded from the tax increment received by the Successor Agency (Fund 604).

The budget for Fund 122 includes continued expenditures related to operating and maintaining the six (6) City-owned affordable housing units, property management services, landscaping, and other maintenance costs, as well as initiatives that were formerly funded by the CDA that support and enhance the availability of affordable housing in Foster City, such as the HIP Housing Homeshare Program and HEART (Housing Endowment and Regional Trust) dues.

In March 2013, the City Council established a policy to retain a fund balance of at least $300,000 to serve as a reserve for capital repairs to the units in the Existing Unit Purchase Program (EUPP).

Revenues going into Fund 122 include rental income from the six EUPP units, first-time homebuyer loan repayments, and Metro Senior Apartments loan repayments. Potential future revenue includes an equity share of the sale or first refinancing of any of the seven deed- restricted affordable ownership units at Emerald Bay after the deed restrictions will expire in 2026.

City Affordable Housing Fund (Fund 124)
The City created a City Affordable Housing Fund in 2012 (Fund 124) with initial funding from the one-time “boomerang” of $3.3 million that was the City/EMID share of the one-time “sweep” of CDA funds. The City dedicated these funds to the development of the 100% affordable Alma Point Senior Apartments.

Revenues into Fund 124 include loan repayments to the city related to Foster Square.

General Plan -Building and Construction Ordinance – Zoning Code Maintenance Fund (Fund 128)
This fund provides funding for the unreimbursed State mandated costs of updating and maintaining the City’s General Plan, Title 15 Buildings and Construction Ordinance and Title 17 Zoning Ordinance Maintenance. The fee is collected at the time of building permit issuance and is based on the value of the application and provides a dedicated funding source for future General Plan updates and zoning and building code updates without relying on the General Fund.

Commercial Linkage Fee (Fund 137)
In 2016, the City Council adopted Ordinance 606, establishing Chapter 17.88, Affordable Housing Commercial Linkage Fee. This fee provides a mechanism for new commercial development to pay a fee to offset the impacts of the development on the need for affordable housing. The first revenue of $360,580 into this fund occurred in FY 2020-2021. A payment of $4,789,410 was made in March 2024 by Gilead Sciences.

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The nexus studies documenting the need for this type of fee are available on the City’s website (https://www.fostercity.org/commdev/page/residential-development-standards-and-fees).

Commercial Linkage Fee revenues are subject to spending and reporting requirements under the Mitigation Fee Act.

Revenues into Fund 137 are anticipated from future development projects.

Below Market Rate Inclusionary In-Lieu Fees (Fund account to be established) In March 2022, the City adopted Ordinance 644, establishing Chapter 17.90, Below Market Rate Inclusionary Housing Program, which allows payment of a Below Market Rate Housing In-Lieu fees for developments of five (5) to nine (9) units. Fractional fees are also allowed for all developments for requirements of less than 0.50 below market rate units. No projects have been subject as yet to these fees.

Below Market Rate Housing In-Lieu fees revenues are subject to reporting requirements under the Mitigation Fee Act.

Tenant Relocation Assistance Fund – Foster’s Landing (Fund 138) In FY 2020-21, the City established the Tenant Relocation Assistance Fund to fund programs, in partnership with Essex Properties to help minimize the impacts of expiring affordable housing covenants to the residents of Foster's Landing. This program has been completed.

Workforce Housing (Fund 139)
In August 2022, the City of Foster City purchased 22 workforce housing units located in the Pilgrim Triton Master Plan development project using $7 million from the Capital Asset Acquisition and Replacement Fund (Fund 326). The Workforce Housing Program is designed to address the needs of first responders, public employees, and teachers in the very low-, low-, and moderate-income categories in order to make it possible for public servants to live near where they work. At the direction of the City Council, any net income from the rental operation of the 22 units must be used to repay Fund 326 (City Resolution No. 2022-42).

Equipment Replacement Fund – Workforce Housing (Fund 140) This fund is held for replacement and acquisition of 22 workforce housing units’ fixtures and equipment.

Local Housing Trust Fund (Fund 145)
A Local Housing Trust Fund (LHTF) isn’t necessarily a new funding source but provides a mechanism to aggregate funds from various sources. It enables Foster City to apply for matching funds from some other sources. Foster City created a Local Housing Trust Fund on February 20,

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2024 ( City Resolution No. 2024-9). The dedicated funding source for the LHTF is Commercial Linkage Fees.

Successor Agency of the Community Development Agency (Fund 604) The Successor Agency fund is used to account for assets held for Foster City’s Successor Agency to the City’s former CDA. The Successor Agency Fund is a Private-Purpose Trust Fund that accounts for the accumulation of resources to be used for payments of recognized obligations.

The remaining obligation is the payment of tax increment subsidy and utility allowance for the Marlin Cove Apartments.

The financial activities of the fund are excluded from the Government-wide financial statements but are presented in separate Fiduciary Fund financial statements.

TABLE 3:SUMMARY OF CITY HOUSING FUNDS

FUND TITLE REVENUE SOURCES RESTRICTED PURPOSES

AVAILABLE
FOR

HOUSING

ELEMENT

PROGRAMS

AVAILABLE FUND

BALANCE AS OF
6/30/24
(PRELIMINARY)
122 Low- and
Moderate-Income
Housing Fund
(LMIHF)
Revenue from assets of the
former Community
Development Agency,
including loan repayments
and rental income.

Low- to moderate-income
housing
Yes $1,969,239
124 City Affordable
Housing Fund
Community Development
Agency “boomerang”
funds; payments related to
Foster Square
Affordable housing Yes $708,648
128 General Plan
Maintenance
Fund
Building permit fees Updating and maintaining
the City’s General Plan,
Title 15 Buildings and
Construction Ordinance
and Title 17 Zoning
Ordinance
Yes 2,281,025
137 Commercial
Linkage Fee Fund
Fees assessed on new
commercial development
per Chapter 17.88
Provide housing affordable
to very low-income, lower-
income, and moderate-
income households in the
city, consistent with the
goals and policies
contained in the city’s
housing element and the
purposes for which the
fees were collected, and
for administration and
compliance monitoring of
the affordable housing
program. (FCMC Section

17.88.060)
Yes $4,795,386

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FUND TITLE REVENUE SOURCES RESTRICTED PURPOSES

AVAILABLE
FOR

HOUSING

ELEMENT

PROGRAMS

AVAILABLE FUND

BALANCE AS OF
6/30/24
(PRELIMINARY)
138 Tenant Relocation
Assistance Fund
City housing funds,
contributions from Essex
Property Trust, and
Permanent Local Housing
Allocation Program (PLHA)
funds
Foster’s Landing tenant
relocation assistance
No Not
applicable
139 Workforce
Housing
Initial appropriation from
Capital Asset Acquisition
and Replacement Fund;
Rental income from
22_unit Workforce
Housing
22-unit Workforce
Housing; net operating
income (net income after
expenses) to be repaid to
Capital Asset Acquisition
and Replacement Fund 326
per City Council direction
No Not
applicable
140 Equipment
Replacement
Fund – Workforce
Housing
Rental income from
22_unit Workforce
Housing
Equipment replacement at
22-unit Workforce Housing
No Not
applicable
145 Local Housing
Trust Fund
Transfers from Commercial
Linkage Fees or other
sources, County awards
(includes $198,820 award
for Existing Unit Purchase
Program -2 units
rehabilitation)
Restricted per source fund
requirements
Yes $550,000
604 Successor Agency
of Community
Development
Agency
County reallocation of tax
increment from
redevelopment project
areas
Obligations of the former
Community Development
Agency
No Not
applicable
Fund
Account
to be
created
Below Market
Rate housing in-
lieu fee
In-lieu fees assessed on
new residential
development per Chapter

17.90; allowed for
fractional unit
requirements or as option
for developments of five
(5) to nine (9) units
Provide, or assure the
continued provision of,
below market rate
dwelling units to extremely
low-income, very low-
income, lower-income, and
moderate-income
households in the city
(FCMC Section

17.90.100.C)
Yes 0
B. COUNTY FINANCIAL RESOURCES
The County of San Mateo offers two Notices of Funding Availability (NOFAs) per year – one in January and one in April. The County-administered funds come from county, state, and federal sources. The City of Foster City has been awarded nearly $200,000 in loaned funds for

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rehabilitation of two of the Existing Unit Purchase Program Homes to transition them to future supportive housing. The City has two (2) years to spend the funds.

The second NOFA is for low interest loans for development construction. Foster City did not have an active project for the 2024 NOFA. However, staff may apply for a future NOFA if the City of Foster City partners with a nonprofit affordable housing developer and has a specific site eligible for development. This type of funding is typically used for 100% affordable projects that need to assemble financing from multiple sources to make the development possible. The use of this type of funding includes a requirement to comply with prevailing wage, so is not usually attractive to developers of mixed-income projects. The Alma Point 100% affordable project utilized County funds through this process.

In addition to the two NOFAs named above, the County also offers discretionary funding through Measure K. Measure K is a half-cent, countywide sales tax. The measure was placed on the November 2016 ballot to extend a previously approved half-cent tax until 2043 with the goal of providing local funds for local needs.1 Measure K funding is allocated annually for the County by the County Board of Supervisors for seven (7) categories of need, including:
Public Safety
Health and Mental Health
Youth and Education
Housing and Homelessness
Parks and Environment
Older Adults and Veterans Services
Community Services
The city submitted an application for $35,000 on August 2, 2024 for Measure K funds to support a pilot Emergency Rental Assistance Program (ERAP). The goal of the ERAP is to provide one-time emergency rent relief of one (1) month of rent up to a maximum of $3,000 for Foster City renters who are at risk of displacement within the next three (3) months. Staff will draft the details of the pilot program and present it to the City Council at a future meeting. While the amount of funding requested is relatively small, the fund has the potential to help a minimum of 10 tenants with one-time grants up to $3,000 each. The total amount being requested is $35,000 including $5,000 for administration of the program.

In addition, the County separately tracks one-time loans and initiatives that are funded at the recommendation of a member of the Board. These initiatives are approved by the full Board of Supervisors outside of the budget process to quickly meet unanticipated needs, leverage other funding sources and fill critical service gaps. These are collectively categorized as “District Specific” or “District Discretionary” initiatives. For fiscal year 24-25, the County Board of Supervisors has allocated $4 million to discretionary grant funding to cover funding gaps in 1 From the County’s Measure K Website: About Measure K – San Mateo County Measure K (smcmeasurek.org).

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affected County services within the Board priority areas of Children, Families and Seniors; Housing and Homelessness; and Emergency Preparedness.

C. REGIONAL FINANCIAL RESOURCES
Housing Endowment and Regional Trust (HEART)
HEART is a 501(c)(3) that was founded in 2003 as a public/private partnership among the cities in San Mateo County, the County, and the business, nonprofit, education, and labor communities to create more affordable housing in San Mateo County. To date, HEART has invested over $19 million to fund over 1,300 affordable homes. HEART’s programs include First-Time Homebuyer down payment assistance loans, loans to nonprofit developers to build or renovate affordable apartments near transit, and ADU plans and handbook. HEART notes on their website that for the developer loans, preference will be given to applications offering a greater number of affordable units, based on HEART funding per unit, and/or deeper affordability targeting. As well as in areas that include, but are not limited to: disadvantaged communities, infill development, and high/low resource and high segregation and poverty areas; high-density developments in Location Efficient Communities; and/or projects with proximity to public transportation.

HIP Housing
HIP Housing, under agreement with Foster City, provides a Home Sharing program that matches people who have space in their home to share, with people who are searching for an affordable place to live. HIP also provides a Self Sufficiency Program that provides housing scholarships and intensive trauma-informed case management to low-income parents and emancipated foster youth. HIP Housing Affordable Ventures (HHAV) also manages the six City-owned units in the Existing Unit Purchase Program as well as the 22-unit City-owned Workforce Apartments.

Bay Area Housing Finance Authority (BAHFA)
This regional housing finance authority was established by Assembly Bill 1487 in 2019. Several pilot programs have been initiated, including a pipeline pilot to provide an inventory of affordable housing projects in the pipeline but for which not all funding is secured, preservation programs, and anti-displacement pilot programs.

D. STATE AND FEDERAL FINANCIAL RESOURCES
The State of California’s Housing and Community Development Department (HCD) issues multiple Notice of Funding Availability (NOFA) opportunities annually. See NOFA Calendar 2024- 2025 for the full NOFA Schedule for HCD.

Table 4 summarizes state issued NOFAs that staff will monitor and review for potential application.

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TABLE 4: HCD NOFA SUMMARY

PROGRAM NAME(S) DEADLINE TO APPLY COMMENTS
Affordable Housing and
Sustainable Communities
Program
January – issued
March – application
due August-awards
Funds projects that implement land-use, housing,
transportation, and agricultural land preservation
practices that reduce GHG emissions.

Review eligibility requirements and monitor for 2025-
2026. Foster City might not qualify due to lack of transit options. We may be eligible for ICP (Integrated
Connectivity Project) which requires qualifying transit (generally transit that is directly operated by a public entity with a minimum of service stops during peak hours at the site under development) Would likely include a
partnership with an affordable housing developer.

Local Housing Trust Fund
Program
LHTF – NOFA
published 7/9/2024;
due by 9/17/2024
The City of Foster City set up a LHTF in order to be eligible to accept funds from the California LHTF Program. For this NOFA, the City must leverage at least $500,000 in funds.

Program funds shall be used for construction loans and/or deferred payment permanent financing loans at rates not more than 3% per annum. There are income target
requirements. Funds can be used for ADU/JADU with a
deed restriction for a minimum of 10 years.

Multifamily Super NOFA –
Multifamily Housing
Program;
MF – NOFA to be
determined; likely
around July 2024
The MF SuperNOFA is for affordable housing developers
and would require a partnership. Provides long-term,
deferred payment loans for new construction, rehab, and preservation of low-income rental housing.

Permanent Local Housing
Allocation (PLHA)
Over the counter
applications closed
May 1, 2024
Monitor for future opportunities – Foster City applies
through the County of San Mateo.

Prohousing Incentive
Program (PIP)
PIP-NOFA in August
2024; applications due
in December 2024;
awards in March 2025
The PIP is a point-based application scoring policies and regulations that go beyond the minimum statutory
requirements to promote housing. On August 1, 2024,
HCD announced 19 jurisdictions to receive $15 M. Next
round is due in December 2024; would require that the
City of Foster City to apply for prohousing status with the State of California.a
Homekey 3.0 Rolling awards Review program to determine eligibility.

CDBG Foster City must apply
through the County
Review eligibility requirements for program.

HOME Investment
Partnerships
Review eligibility requirements for program.

HOME American Rescue Plan
(HOME-ARP)
Review eligibility requirements for program.

National Housing Trust Fund Review eligibility requirements for program. a See Prohousing Incentive Program (PIP) application for specific requirements.

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Additional Information on Specific Funding Sources
Low-Income Housing Tax Credits (LIHTC)
The California Tax Credit Allocation Committee (CTCAC) allocates federal and state tax credits to the developers of affordable housing for households at 30% to 80% of median-income. This is a competitive process. Metro Senior Apartments, Miramar Apartments, and Alma Point Senior Apartments utilized tax credits.

Community Development Block Grant (CDBG)
CDBG is a federal program providing funds to jurisdictions that meet certain population thresholds. The jurisdiction can use the funds for a wide variety of purposes such as social services, capital projects, and affordable housing developments. Foster City does not meet the 50,000-population requirement to be an “entitlement city” and receive its own allocation of CDBG funds. The City has participated with San Mateo County via a Cooperation Agreement since 1975. Participation as part of the “Urban County” increases the amount of funds that come to the County for housing programs and makes the City eligible for grant opportunities or other programs that utilize these funds. The City has utilized these funds through the Rehabilitation Loan Program (now discontinued) and funding through other organizations, such as Rebuilding Together Peninsula. The Alma Point affordable housing project by MidPen Housing was able to use HOME funds, in part because the City had a Cooperation Agreement.

Housing and Urban Development Department (HUD)
HUD awards discretionary funding through over 20 Grant programs that support HUD initiatives, including Affordable Housing Development and Preservation, Community and Economic Development, Environment and Energy, Fair Housing, Homelessness, Homeownership, Rental Assistance, Supportive Housing and Services. NOFAs are released at various times during the year and applications are generally due in May through November, depending on the program.

Permanent Local Housing Allocation (PLHA)
PLHA funds are awarded similar to the CDBG program. The funds can be used for a variety of projects and programs that assist in addressing housing needs. The City is able to participate through the County.

Section 8 Housing Choice Vouchers
The Housing Choice voucher program is a federal program of the Department of Housing and Urban Development (HUD) administered by the San Mateo County Housing Authority. The voucher provides rental subsidies to low-income households to pay the difference between 30% of their income and the federally approved payment standard. The program allows households to find their own housing. Foster City adopted Chapter 5.72 in 2013 requiring landlords of a structure with more than ten units to accept Section 8 and other types of rental vouchers.

Effective January 1, 2020, California source of income protections went into effect requiring all

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landlords in California to accept Section 8 and VASH (Veteran) vouchers and other forms or rental assistance.

Veterans Affairs Supportive Housing (VASH) Vouchers
The VASH voucher program combines HUD’s Housing Choice Voucher rental assistance for homeless veterans with case management and clinical services provided by the Department of Veterans Affairs.

Other State Resources
Many other housing funding programs are administered by HCD. Housing developers and housing organizations are also eligible to apply for many of these programs.

E. EXISTING AND PROJECTED REVENUES FROM EXISTING SOURCES Existing funding resources as of the beginning of FY 2024-25 are shown in Table 5 below. The existing funding resources total is approximately $8.0 million. Table 5 does not include Fund 128 General Plan – Building and Construction Ordinance – Zoning Code Maintenance Fund that can be used to fund amendments to the General Plan and municipal code.

Projected revenues based on existing funding resources and likely revenues are shown in Table 6 below. The beginning balance of $8.0 M is anticipated to grow to $8.4 M by FY 2029-30. Because future revenue is primarily dependent on commercial development to generate commercial linkage fees, the timing of future revenue is not very predictable. This reinforces the need to leverage the City’s existing funds as much as possible, i.e., to use funds as a match for County, State, or Federal funds.

The County Loan for Existing Unit Purchase Program (EUPP) renovation is shown as approved by the County, and if accepted by the City will be restricted to the EUPP Renovation project.

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TABLE 5: EXISTING FUNDING RESOURCES
FUND
122 124 137 145-LHTF TOTAL NOTES
Beginning balance 6/30/24 (Preliminary $2,475,623 $708,648 $5,405,386 0 $8,589,657 Cash assets Reserve $300,000 for EUPP Property Reserve -$300,000 -$300,000 Transfer Commitment for EUPP County Match -$50,000 $50,000 0 Reserve for FY 2024/25 Budget -$156,384 -$110,000 -$266,384 includes some program funds Transfer per FY 2024/25 Budget -$500,000 $500,000 0
Total Available $1,969,239 $708,648 $4,795,386 $550,000 $8,023,273 TABLE 6: PROJECTED REVENUES: FY 2024-25 TO FY 2028-29

FISCAL YEAR

RESOURCES

BALANCE
6/30/2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 2029-2030 NOTES Balance – Combined Funds $8,023,273 $8,058,273 $8,292,093 $8,327,093 $8,362,093 $8,397,093 City Affordable Housing Fund 122 $1,969,239 1, 4
City Affordable Housing Fund 124 $708,648 $35,000 $35,000 $35,000 $35,000 $35,000 $35,000 2,5 Commercial Linkage Fund 137 $4,795,386 3,6
LHTF Fund 145 $550,000
County Loan for EUPP Renovation
(approved by County) 198,820
Total Resources $8,023,273 $8,058,273 $8,292,093 $8,327,093 $8,362,093 $8,397,093 $8,432,093 Notes:

1. Beginning balance is cash as of 6/30/24 less funds needed for EUPP match to County funds, FY 24-25 budget and $300,000 property reserve.

2. Beginning balance is cash as of 6/30/24.

3. Beginning balance is cash as of 6/30/24 less funds for FY 24/25 budget, and $500,000 transfer for LHTF NOFA approved in FY 24/25 budget.

4. Fund 122 source of funds is income from CDA assets; expenditures estimated to match revenues based on past 5 years; not included is income from Emerald Bay ownership units; affordability restrictions expire in 2026 – first sale or refinance after expiration requires equity share with City (estimate: 7 units x average $200K = potential $1.4M)

5. Fund 124 source of funds is primarily RDA boomerang funds & Foster Square loan repayments. Revenue based on average of past 5 years not including PLHA grant.

6. Commercial Linkage Fees require spending within 5 years of receipt.

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6. Staffing Resources
A. FOSTER CITY
The implementation of the Housing Element is primarily the responsibility of the Community Development Department. The Community Development Department’s two divisions each play a key role in supporting the provision of housing. The Planning/Code Enforcement Division ensures that new developments meet City standards as provided in the General Plan, Municipal Code, and other City policies. The City Council approved the position of Housing Coordinator in FY 2022-23. The position was filled in January 2023. The Housing Coordinator monitors developments with below market rate units subject to Affordable Housing Regulatory Agreements, including review of annual reports and advising on issues as they arise. This includes the six City-owned units in the Existing Unit Purchase program and the new 22-unit Workforce Apartments project. The Planning/Code Enforcement Division staff also oversee implementation of other programs of the Housing Element. The Code Enforcement program is responsible for maintaining the appearance of the community in accordance with the requirements of the Municipal Code.

The Building Inspection Division is responsible for ensuring that all construction project permitting within the City complies with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations.

The City utilizes consulting services when necessary to provide expanded capacity.

Funding is primarily from the General Fund with additional funds from Fund 128 General Plan – Building and Construction Ordinance – Zoning Code Maintenance Fund for work involving amendments to the General Plan and building and zoning regulations in the Municipal Code.

Figure 1 illustrates the make-up of the Community Development Department.

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FIGURE 1: COMMUNITY DEVELOPMENT DEPARTMENT ORGANIZATION CHART

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B. SAN MATEO COUNTY
The San Mateo County Department of Housing includes the Housing & Community Development (HCD) and the Housing Authority of the County of San Mateo (HACSM). The HACSM administers the HUD Section 8 Housing Choice Voucher Program. The HCD team administers the County’s Affordable Housing Fund and other housing programs.

The San Mateo County Department of Housing provides support to city staff by advising the city regarding the applicability of County NOFA opportunities to meet the city’s needs, including helping to ensure the proposed program meets the requirements of the specific funding source.

When there is a specific housing development requesting funding, such as Alma Point, the county provides support and assistance in securing funding from various sources.

The San Mateo County Human Services Agency coordinates programs to address homelessness in San Mateo County.

C. PARTNERSHIPS
Foster City works with many local partners to provide and support housing opportunities. Some of these include:
Bridge Housing: Owns and operates the 100% affordable Metro Senior Apartments; City staff serves on the Board of Directors for Metro Senior Apartments. MidPen Housing: Owns and operates the 100% affordable Alma Point Senior Apartments. Property Managers of Mixed-Income Apartment Developments: This includes the property managers at several apartment developments: Marlin Cove, Miramar, Plaza, Triton, and 100 Grand.
CALL Primrose Center: Provides food assistance to low-income individuals, families, and seniors.
LifeMoves: Provides interim housing, supportive services, and building collaborative partnerships to end homelessness.
Rebuilding Together Peninsula: Home repairs for low-income homeowners. Samaritan House: Delivers essential services and support to help people living in poverty to achieve financial independence and remain active, successful part of our community.

Services include but are not limited to meals, financial assistance, jobs, shelter, free clinic. . Project Sentinel: a nonprofit organization that supports tenants in navigating fair housing disputes and provides fair housing training opportunities for jurisdictions and nonprofits.

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7. Strategies and Actions
A. GUIDING PRINCIPLES
The Community Development Department’s strategies and actions to implement the Housing Element include focus on the following six guiding principles, listed in priority order:

1.Leverage Funding: actively explore new funding sources and leverage existing funding by pursuing matching funds to maximize the City’s ability to provide funding for housing programs.

2.Encourage Production: create financial and expedited application incentives for developers and homeowners to facilitate production of units; engage in strategic partnerships with nonprofit agencies and developers.

3.Facilitate Special needs: develop incentives and reduce barriers to access for seniors and those with special needs or disabilities. Engage in strategic partnerships with nonprofit agencies and developers.

4.Support Preservation: create incentive programs and improvements in communication of services available to assist owners in preserving and maintaining their housing units.

5.Protect Tenants: ensure that planned and existing market rate and below market rate rental units are well managed and in compliance with laws, including fair housing and anti- discrimination laws, regulatory agreements, policies, and BMR Guidelines.

6.Promote Sustainability: focus on sustainability, including energy efficiency and conservation, water conservation, walkability, access to public transit, lowering greenhouse gas emissions, and supporting climate change initiatives.

B. SUMMARY OF STRATEGIES AND ACTIONS
Implementation of the Housing Element centers on the housing unit production goal of 1,896 units (777 market rate and 1,119 below market rate), the City of Foster City’s assessed production target. To reach the assessed target for below market rate units, the City of Foster City must either facilitate development of a substantially greater number of market rate units than the targeted and/or the City must facilitate development of 100% affordable projects. In addition to new production, implementation includes preservation of existing affordable units and providing fair housing and other program information and services.

Challenges to implementation include:
Economic conditions – current costs of construction/labor, high interest rates, unemployment rates, the sharp downturn in the tech industry, inflation, etc. Foster City’s location away from the Caltrain corridor – due to the lack of a major public transportation corridor running through Foster City, the City is not eligible for funding reserved through MTC/ABAG for priority development areas (PDAs) as outlined in Plan Bay

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Area, and other transit-oriented development (TOD) funding opportunities offered at the federal and state level.
Foster City’s land constraints – lack of available land for development. Foster City’s development impact fees and current inclusionary requirement of 20% of units contribute to the cost of building new housing units.
Limited local funds for housing – Foster City’s current affordable housing fund balance of $8M is very limited in the high-cost housing market of San Mateo County.

Key strategies and actions for implementing the Housing Element include:

A. OBTAIN AND LEVERAGE FUNDING

1. Leverage available City funding by using it as a match to obtain grants and loans for housing unit production and other programs.

The City’s recent creation of the Local Housing Trust Fund, facilitates the ability to leverage existing commercial linkage fee funds to apply for the State’s Local Housing Trust Fund NOFA. Programs utilizing the State LHTF must comply with State LHTF program requirements, including income targeting and prevailing wage requirements.

Apply for HCD’s 2024 LHTF NOFA, due in September 2024. If awarded to the City, funds must be distributed by the City in the form of loans. Proposed uses of the funds include:
a. Assistance to housing developers of very low- and low-income units (H-A-5-e) b. Low-income homeowner rehabilitation loan program (H-B-2-a) c. ADU financial incentive program (H-D-4-b)

2. Prioritize at least some funds to provide incentives for low-income ADUs as the option most likely to result in new units with limited City funds.

This is part of the proposal for HCD’s 2024 LHTF NOFA. Some of the funds would be used for low interest loans in exchange for a 10-year commitment that the ADU would be rented at affordable rates.

3. Prioritize some funds to offer financial subsidies for partnerships with housing developers.

This is part of the proposal for HCD’s 2024 LHTF NOFA. Some of the funds would be used for low interest loans to housing developers for creation of affordable housing units.

4. Create and implement a plan for rehabilitation of EUPP homes for supportive housing.

The County has awarded Foster City nearly $200,000 as a loan from the County of San Mateo from their 2024 NOFA. These funds would be used to rehabilitate two of the City’s EUPP homes to prepare them for future use for supportive housing. However, staff recently learned from the County that there will be an additional requirement for a more extensive environmental review for the project at an additional cost of 20% of the project

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cost or more. Therefore, staff recommends delaying use of the funds, which will likely require a future application, to give staff time to explore the potential for future County NOFAs to fund rehabilitation of the additional four EUPP units to consolidate the environmental review to one project, and to prepare a long-term strategy for the EUPP units for City Council guidance and review.

5. Obtain funding for preservation of units for low-income households and those with special needs.

This is part of the proposal for HCD’s 2024 LHTF NOFA. Some of the funds would be used for low interest loans to lower-income owners to improve their homes.

Look for additional funding in the form of loans or matching grants to assist low-income households or partnerships with nonprofits that can assist low-income and special needs households.

6.Obtain funding for Housing Element programs such as programs requiring workshops, significant outreach, acquisition of software, and financial incentives (e.g. energy efficiency) for which funding might be available.

A tenant-landlord education workshop is scheduled for August 28, 2024 in partnership with Project Sentinel.

7. Monitor funding sources at the local, state, and federal level for potential sources of funding.

Staff are continually monitoring funding sources at the local, state, and federal level for potential opportunities.

Staff recommends exploring the ProHousing Incentive Program (PIP) for the next round of funding.

Specific funding opportunities include the proposed Bay Area Affordable Housing Bond Ballot Initiative for affordable housing, which would provide $2.1 B to the County of San Mateo. The initiative is on the November 2024 ballot.

B. PROVIDE INCENTIVES

1. Provide administrative incentives to developers and property owners, consisting of streamlined protocols and requirements and reduced fees for permitting.

Staff has implemented a number of administrative streamlining efforts already and continues to make improvements to forms, protocols, and the City’s website and to create expedited processing opportunities for specific programs.

2.Provide financial incentives to facilitate and encourage production of units such as subsidies for below market rate unit production, especially for extremely low- and very low-income units (including ADUs/JADUs), subsidies for 100% affordable

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projects, and incentives to reduce the cost of compliance such as waiver of rental registry fees for projects that meet certain conditions. Staff held a roundtable with nonprofit and for-profit housing developers in June 2024 to learn more about constraints and to explore ways the City can facilitate housing production.

For funding incentives, staff will research grants and NOFAs and conduct an analysis on potential opportunities for subsidies or fee waivers based on existing fund balances and potential NOFA funding opportunities. Subsidies of ADUs/JADUs are likely to be the most cost-effective subsidies to produce new units if owners will accept the deed restriction requirement that is a term of HCD’s LHTF program.

For the September 2024 application to HCD for LHTF matching funds, proposed uses of the LHTF funds include:
a. Assistance to housing developers of very low- and low-income units b. Low-income homeowner rehabilitation loan program
c. ADU financial incentive program
C. FORM PARTNERSHIPS

1. Conduct extensive outreach to both for-profit and non-profit developers and owners to form partnerships and promote development of opportunity sites.

The City will need to be creative in partnering with developers to ensure that it meets both the above-moderate target of 777 units and the below market rate target of 1,119 units. Incentives to help improve the financial feasibility of projects, such as long-term subsidies, or the acquisition of land need to be considered.

2.Explore flexibility in implementation of the City requirements, such as assistance with impact fee payments or other requirements, that may assist in financing of housing development.

3.Look for opportunities to partner with affordable housing providers on 100% affordable housing developments. These types of developments are more likely to obtain competitive funding from county, state, and federal sources. Such developments bring the City closer to meeting its RHNA targets for affordable units.

D. MONITOR CONSTRAINTS TO IMPLEMENTATION

1. Continue roundtable discussions with housing developers to better understand potential ways that the City can help mitigate constraints to housing development.

Examples of key constraints include land costs, construction costs, prevailing wage requirements, and financing limitations. Staff held the first in a series of roundtable discussions with nonprofit and for-profit housing developers in June 2024 to learn more about constraints and to explore ways the City can facilitate housing production.

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C. HOUSING ELEMENT IMPLEMENTATION ACTIONS FOR 2024
Table 7, Housing Element Implementation Actions for 2024, summarizes the core guiding strategic principles, notes whether additional funding is needed, and describes the planned actions. Note that programs that are “ongoing” are not included in order to focus on implementation of new programs. Programs completed in 2023 are also not included.

Actions are color coded as follows:

COLOR CODING LEGEND
Action Items:

Complete Action Items
Actions Requiring Outreach, Engagement,
Partnerships
Actions Requiring Policy and/or Code
Amendments, Plan Updates
Actions Requiring Finance and Funding
Programs through NOFAs or budget allocation
Actions Requiring Streamlining Efforts
Actions that are Other Programs/Tools
TABLE 7: HOUSING ELEMENT IMPLEMENTATION ACTIONS FOR 2024

PROGRAM TITLE

GUIDING

PRINCIPLES

ADDITIONAL FUNDING

NEEDED ACTIONS
H-A-5-e NOFAs for
Affordable Housing
Funding
Production
YES: propose HCD
LHTF & City match
Create a Foster-City issued NOFA program by
December 2024 for implementation in 2025.

Funds for this are proposed to be included in the
proposal for HCD LHTF funding.

H-B-2-a Lower-
Income Homeowner
Rehabilitation Loans
Funding
Preservation
YES: propose HCD
LHTF & City match
Use already drafted program (prepared for
County NOFA) to request funds from HCD LHTF.

Propose loans up to $100,000 at 3% interest,
deferred. Issue a Foster City RFP for
administration of the program and seek funding
opportunities from other sources (e.g., solar).

Partner with a nonprofit such as Habitat for
Humanity to administer the program. Advertise
program in the Islander, Housing Newsletter,
website and launch at a public workshop with
homeowners.

H-B-2-b Facilitate
Non-Profit
Rehabilitation/
Funding
Preservation
YES; request budget
from City housing
funds
Partner with HIP Housing, Rebuilding Together,
or another nonprofit to provide these services for
low-income homeowners. Issue a rebate program

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PROGRAM TITLE

GUIDING

PRINCIPLES

ADDITIONAL FUNDING

NEEDED ACTIONS
Maintenance
Assistance
for up to $5K for very low-income homeowners.

Create advertising for program; launch at public
workshop.

H-D-4-b ADU/JADU
Financial Incentive
Program
Funding
Production
YES: propose HCD
LHTF & City match
Develop low-income ADU/JADU loan program by
December 2024 (LHTF funds must be disbursed
as loans). Propose loans up to $100,000 at 3%
interest, deferred. Advertise incentives and hold
workshop for program in early 2025.

H-D-4-g Multi-Family
ADUs
Production Maybe Develop incentives by December 2024. Look for incentives that don’t trigger prevailing wage
requirements. Conduct outreach to two
properties per year beginning in 2025.

H-F-1-j Public
Investment in
Accessibility
Funding
Special Needs
YES: funded through
CIP
ADA Transition Plan is planned for completion in
2024. This is being done by the Public Works
Department.

H-B-3-d Climate
Action Plan
Sustainability Maybe able to benefit
from other funding
opportunities
Draft is underway. Complete and present to City
Council for approval by December 2024. Adopt
CAP implementation programs by December
2024. Seek NOFA opportunities for
implementation programs as appropriate upon
approval.

H-C-1-b Amend
Percentage of BMR
Units in Conversions
(Chapter 17.76 of
Municipal Code)
Production Fund 128: General
Plan/Code
Maintenance in FY 24-
25 Budget
Prepare staff report and draft resolution for
approval by December 2024.

H-C-3-b Anti-
Displacement
Strategy
Protection Fund 128: General
Plan/Code
Maintenance in FY 24-
25 Budget
Review other jurisdictions’ Strategies, including
Redwood City and San Mateo. Engage with 21
Elements participants for peer review and
research. Prepare draft Strategy for City Council
approval by December 2024. Implement in 2025.

H-D-4-c Pre-reviewed
ADU/JADU Designs
and Expedited Review
Production Adopted by City Council on 8/5/2024. Coordinate with HEART to use their designs and IDEC to pre-
review the designs; prepare content for HEART
website and forms for FC; adopt a process for
people to apply to have a design pre-reviewed by
December 2024.

H-D-4-f Objective
Design Standards for
ADUs
Production
Sustainability
Fund 128: General
Plan/Code
Maintenance in FY 24-
25 Budget
Prepare ODDS for ADUs by December 2024.

H-D-6-c Amend
Parking Requirements
Production
Sustainability
Fund 128: General
Plan/Code
Maintenance in FY 24-
25 Budget
Prepare report for and present to Planning
Commission and City Council by December 2024.

H-D-6-f SB9 Objective
Design Standards
Production
Sustainability
Fund 128: General
Plan/Code
Maintenance in FY 24-
25 Budget
In progress. Amend Zoning and Subdivision
regulations in compliance with SB9 to allow
additional housing units on single-family parcels
by December 2024.

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PROGRAM TITLE

GUIDING

PRINCIPLES

ADDITIONAL FUNDING

NEEDED ACTIONS
H-F-1-i Community
Care Facilities
Funding
Special Needs
Fund 128: General
Plan/Code
Maintenance in FY 24-
25 Budget
Amend Municipal Code by December 2024
H-F-2-d Emergency
Shelter Zoning
Special Needs Fund 128: General
Plan/Code
Maintenance in FY 24-
25 Budget
Amend Chapter 17.82 by May 2024.

H-G-2-e Rental
Registry
Protection MAYBE: Fund 137;
some funds in CDD
budget in FY 24-25
In progress. RFP to be issued in August 2024 for a
consultant to provide software and professional
services with final selection of consultant in
October 2024 and implementation of program in
2025. Develop rental registry program and report
to City Council by December 2024.

H-D-4-j ADUs and
JADUs in Religious
and Institutional Uses
and School Sites
Production Amendments to zoning completed. Develop plan for outreach in 2024; begin meetings in 2025.

H-D-5-a School Sites Production Amendments to zoning completed. Develop plan for outreach to school district and private schools
in 2024; begin meetings in 2025.

H-D-5-b Religious and
Nonprofit-Owned
Sites
Production Amend zoning regulations by December 2024;
Develop plan for outreach plan in 2024; begin
meetings in 2025.

H-D-6-a Minimize
Governmental
Constraints
Production Held workshop with developers and nonprofits in June 2024. Develop list of streamlining efforts
and methods to reduce barriers; implement
streamlining programs by December 2025 and
repeat process in 2028.

H-E-3-c Cooperative
Ventures
Funding
Production
Special Needs
Held workshop with developers and nonprofits in
June 2024. Continue with follow-up to encourage
cooperative ventures.

H-E-9-a Family
Friendly Housing
Funding
Production
Special Needs
Report to Council by December 2024
H-E-9-b Small
Housing Units
Funding
Production
Special Needs
Sustainability
Amend Zoning Regulations by December 2024;
conduct outreach at least annually with news
articles and through roundtable meetings.

H-F-1-f Support
Services for Special
Needs Population
Funding
Production
Special Needs
Hold workshop with service providers and
develop plan by December 2024. Implement plan
by December 2025
H-G-1-a Non-
Discrimination
Protection City website was updated in 2023; hold
information session in 2024 and annually
thereafter. Workshop is scheduled for July 24,
2024.

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PROGRAM TITLE

GUIDING

PRINCIPLES

ADDITIONAL FUNDING

NEEDED ACTIONS
H-G-2-b Fair Housing
Training for Landlords
and Tenants
Protection Partner with Project Sentinel. Workshop is
scheduled for July 24, 2024. Conduct annual
workshops,
H-G-2-d Multi-Lingual
Tenant Resources
Special Needs Coordinate with local and regional agencies that provide multilingual fair housing education
services. Website has been updated to provide
forms in multiple languages. Staff is coordinating
with Project Sentinel to help identify resources to
assist as needed.

H-G-3-b Expand Bus
Service
Sustainability Amend application submittal requirements for developers to include TDM plan for expanded bus
service. Complete amendments to forms by
December 2024
H-C-2-a Monitor
Affordable Housing
Regulatory
Agreements
Protection Major update to BMR Guidelines was completed in December 2023. Minor updates to the BMR
Guidelines will be issued as needed; prepare
package of revisions to regulatory agreements
and Letter Agreements for BMR developments
for which the City and the developer mutually
agree to revisions by December 2025. Annual file
audits take place annually and training is
provided to property managers quarterly.

H-F-1-c Adaptable/
Accessible Units for
the Disabled
Funding
Production
Special Needs
BMR Guidelines and Municipal Code Chapter

17.90 were updated in December 2023.

H-F-1-g Extremely
Low Income Units for
Special Needs
Production
Special Needs
BMR Guidelines and 17.90 were updated in
December 2023.

H-F-1-h Age Friendly
Initiative
Funding
Special Needs
Plan was completed in 2023.

D. FUNDING RECOMMENDATIONS
In addition to the programs noted above in Table 7 as needing funds, several programs are included in the Housing Element for later years that would also require funding. These programs could be considered if there’s a new infusion of funds from commercial linkage fees:
H-E-1-b: New Units for City-Owned Affordable Housing Program. If funds are available, purchase existing older single-family or duplex units or other units to provide affordable rental housing for larger families.
H-E-5-a: New Agreements for Affordability of Existing Rental Units. If a source of funding can be identified, work with owners of existing market rate rental units to include affordability agreements.

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H-F-1-e: Home Sharing for Special Needs Population. Support the HIP Housing Home Sharing Program as part of a collection of policies programs and practices for addressing special housing needs, including seniors, those living with disabilities, those at risk of homelessness and female householders.

Note: a funding amount is included in the funding recommendations for a program to be developed to offer a financial incentive to encourage home sharing for people with special needs.
H-F-2-a: Emergency Housing Assistance. To the extent funds are available, participate and allocate funds, as appropriate, for County and non-profit programs providing emergency shelter and related counseling services. (Note: this has been included in the City’s annual budget.)
H-F-2-b: Emergency Shelter Uses. To the extent funds are available, the City will contribute to non-profit agencies involved in providing housing for the homeless in San Mateo County. (Note: this has been included in the City’s annual budget.) The units in the EUPP will require renovation in future years prior to transition to supportive housing (and also would require renovation even if retained as affordable rentals). Staff will develop a draft renovation schedule and transition plan for a City Council Study Session and Council direction at a future date:
H-E-1-a: Existing Unit Purchase Program-Opportunities for Supportive Housing. Implement the tenant preferences adopted in January 2023 for the Existing Unit Purchase Program (City- owned units) so that when vacancies occur, housing providers have an opportunity to propose renting the unit to provide supportive housing for people with disabilities and if no acceptable proposals are received, then continue to maintain the existing units owned by the City as rentals for large very low- and low-income families.

Based on the analysis of funds available and the outlined strategy, Table 8, Proposed Funding Summary by Program, includes a funding strategy to utilize existing affordable housing funds together with matching funds to the extent feasible. This proposal includes using 5.49 million in City funds of the available $8.0 million, including $4,675,000 of the $5,405,386 in Fund 137 Commercial Linkage Fee, which has a five-year time limit from the date of each receipt. The funding and implementation of associated programs would be spread out over the six years remaining in the 2023-2031 Planning Period.

The funding strategy outlined in Table 8 may change as additional financial resources are secured or other conditions change, including not being successful in obtaining an award of HCD LHTF monies. Staff will also collaborate with the City Attorney’s office on a more detailed review to ensure that the proposed uses of the funds are consistent with any restrictions for the specific funding sources. Staff is not proposing any spending from Fund 124 at this time in order to maximize the funds spent from Fund 137 Commercial Linkage Fee that have a time limit. The use of Fund 124 may be revisited for future programs.

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TABLE 8: PROPOSED FUNDING SUMMARY BY PROGRAM.

PROGRAM EXPENDITURES FUND 122 FUND 137 FUND 145-LHTFA COUNTY CAL LHTF** TOTAL

AVERAGE

PER YEAR
H-E-1-a EUPP Renovation (2 units)b 50,000 198,820 248,820 TBD H-E-1-a EUPP Renovation (4 units) –
future yearsb 400,000 Apply 400,000 TBD
H-E-1-a Convert EUPP to Special Needs –
future years 100,000 Apply 100,000 TBD
Programs part of HCD LHTF
application:

H-D-4-b ADUs-low interest loansc 750,000 750,000 1,500,000 250,000 H-A-5-e Development at MF sites –
incentives – NOFA 2,925,000 2,925,000 5,850,000 975,000 H-B-2-a Low-income homeowner rehab
loansd 1,000,000 1,000,000 2,000,000 333,333
H-B-2-b Homeowner rehab minor grants 20,000 20,000 3,333 H-F-1-e Homeshare for special needs
incentives 125,000 125,000 20,833
H-G-2-e Rental Registry 120,000 120,000 20,000
TOTAL $570,000 $245,000 $4,675,000 $198,820 $4,675,000 10,363,820 a Proposed for application due in September 2024, to be transferred from Fund 137. b Long term strategy for EUPP units is being prepared.
c Draft proposal: up to $100,000 loan at 3% interest, deferred; 15 units. d Draft proposal: up to $100,000 loan at 3% interest, deferred; 10 units. ** Projection based on draft application, subject to approval by HCD.

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8. Implementation by Year
The Housing Element covers the years 2023 through 2031. Table 9 shows the year or years for completion of each of the implementation programs. The measures with “Annual or Ongoing” requirements are listed at the end of the table.

COLOR CODING LEGEND
Action Items:

Completed Items
Actions Requiring Policy and/or Code
Amendments, Plan Updates
Actions that are Other Programs/Tools
Actions Requiring Finance and Funding
Programs through NOFAs or Budget Allocation
Actions Requiring Outreach, Engagement,
Partnerships
Actions Requiring Streamlining Efforts
TABLE 9: IMPLEMENTATION PROGRAMS BY YEAR

YEAR DUE
IMP.

PROGRAM ACTION ITEM NOTES
2023 H-A-4-a Adequate Water Supply COMPLETE
2023 H-A-4-b Housing Element Transmittal to EMID COMPLETE 2023 H-A-4-d Water Conservation COMPLETE
2023 H-A-5-c Expand Sources of Funds for City
Affordable Housing Fund LHTF created
2023 H-C-2-c Replacement Unit Requirements Code amendment completed but will add to submittal requirement handout
2023 H-C-3-a
Anti-Displacement Plan for
Redevelopment of Existing Multifamily
Developments
Code amendment completed but will add to
submittal requirement handout
2023 H-D-1-b
General Plan and Zoning Amendments to
Facilitate Housing on Housing
Opportunity Sites in the Sites Inventory

COMPLETE
2023 H-D-4-d Improved Public Information on ADUs COMPLETE 2023 H-D-4-i
Provide New Housing Choices and
Affordability in High Opportunity Areas
through Additional ADUs in R-1 Zoned
Areas

COMPLETE
2023 H-D-6-e Multi-Family Objective Design Standards
(17) Adopted in 2024; Users’ Guide in progress

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YEAR DUE
IMP.

PROGRAM ACTION ITEM NOTES
2024 H-A-5-e NOFAs for Affordable Housing (1) Address in Roadmap & HCD LHTF application 2024 H-B-2-a Lower-Income Homeowner
Rehabilitation Loans Include loan program in HCD LHTF application 2024 H-B-2-b Facilitate Non-Profit
Rehabilitation/Maintenance Assistance
Develop program to work with Rebuilding
Together or similar
2024 H-B-3-d Climate Action Plan In progress
2024 H-C-1-b Amend Percentage of BMR Units in
Conversions In progress
2024 H-C-2-a Monitor Affordable Housing Regulatory
Agreements Ongoing
2024 H-C-3-b Anti-Displacement Strategy In progress
2024 H-D-4-b ADU/JADU Financial Incentive Program 8 units by 2031; Include loan program in HCD LHTF application
2024 H-D-4-c Preapproved ADU/JADU Designs and
Expedited Review COMPLETE; adopted 8/5/24
2024 H-D-4-f Objective Design Standards for ADUs In progress 2024 H-D-4-g Multi-Family ADUs 70 units by 2031; include with NOFAs per H-A- 5-e
2024 H-D-5-b Religious and Nonprofit-Owned Sites At least 2 meetings with owners by December 2027
2024 H-D-6-a Minimize Governmental Constraints
Held Roundtable in June 2024; prepare
streamlining amendments by Dec 2025;
Repeat in 2028
2024 H-D-6-b Minimize Zoning Constraints Amend others to further diverse housing types by 2024; In progress
2024 H-D-6-c Amend Parking Requirements In progress
2024 H-D-6-f SB9 Objective Design Standards In Progress 2024 H-E-1-a Existing Unit Purchase Program-
Opportunities for Supportive Housing
As vacancies occur; 1 unit converted by 2031;
EUPP long-term plan in progress
2024 H-E-3-c Cooperative Ventures Biannual after 2024; Held Roundtable in June 2024
2024 H-E-9-a Family-Friendly Housing
Report to Council on incentives by Dec 2024;
Facilitate 10 rental units of 3+ bedrooms by
2031; In progress
2024 H-E-9-b Small Housing Units
Amend zoning regs by Dec 2024; Conduct
outreach at least annually; Facilitate 10 rental
units of less than 500 SF by 2031; In progress
2024 H-F-2-d Emergency Shelter Zoning COMPLETE
2024 H-F-2-e Low Barrier Navigation Centers 2023; Check new laws - In progress 2024 H-G-3-b Expand Bus Service In progress – add to submittal requirements 2025 H-A-4-c Update Urban Water Management Plan Assist Public Works with update 2025 H-A-6-a Local Labor Program List Bi-Annual Update
2025 H-B-4-a Update Architectural and Solar
Guidelines for Single Family Homes In progress

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YEAR DUE
IMP.

PROGRAM ACTION ITEM NOTES
2025 H-D-4-e Amnesty Program for Existing
Unapproved ADUs Develop and implement
2026 H-D-1-a Selection of Housing Opportunity Areas As opportunities arise & 2026 review 2026 H-D-3-a Update Planned Development Process
Update to align with objective standards and
retain ability to provide flexiblility and
incentives
2028 H-A5-a Commercial Linkage Fee 2028; Updated every five-to-seven years thereafter
2031 H-A-1-c Future Housing Element Update Due January 2031 Annual or
Ongoing H-A-1-a Annual Tracking of Housing Activity Annually by April 1st in Annual Progress Report (APR)
Annual or
Ongoing H-A-1-b No Net Loss/Development Pipeline
Monitoring
Annually by April 1st in APR; 2027 mid-term
evaluation
Annual or
Ongoing H-A-1-d Evaluate General Plan Amendments for
Consistency with Housing Element. Ongoing
Annual or
Ongoing H-A-2-a Community Outreach Updates at least twice/year Annual or
Ongoing H-A-3-a Technical Assistance to Non-Profits Annual meetings and/or trainings Annual or
Ongoing H-A-5-b Local, State and Federal Funding for
Affordable Housing Annual
Annual or
Ongoing H-A-5-d Budgeting for Housing Programs Annual
Annual or
Ongoing H-B-1-a Continue Code Enforcement Ongoing
Annual or
Ongoing H-B-3-a Encourage Energy Conservation 15 EVC; 50 PV permits per year Annual or
Ongoing H-B-3-b Expedited Energy Conservation Permits 80% of expedited permits in 10 bus. days Annual or
Ongoing H-B-3-c Increase Awareness Regarding Energy
Conservation Update website annually
Annual or
Ongoing H-B-5-a Air Quality Impacts Ongoing
Annual or
Ongoing H-B-5-b Geotechnical Studies Ongoing
Annual or
Ongoing H-B-5-c Seismic Hazards Ongoing
Annual or
Ongoing H-B-5-d Environmental Site Assessment Ongoing
Annual or
Ongoing H-B-5-e NPDES Requirements Ongoing
Annual or
Ongoing H-B-5-f Noise Studies Ongoing
Annual or
Ongoing H-B-5-g Traffic Impacts Ongoing
Annual or
Ongoing H-B-5-h Water Supply Assessment Ongoing
Annual or
Ongoing H-C-1-a Condominium Conversion Regulation Ongoing

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YEAR DUE
IMP.

PROGRAM ACTION ITEM NOTES
Annual or
Ongoing H-C-2-b Continue to Monitor Expiration of
Affordability Covenants
Include in APR at least 10 years prior to
expiration; Notify owners at least 5 years prior
to expiration
Annual or
Ongoing H-C-3-c Facilitate Resolution of Rental Disputes Ongoing after 2023 update Annual or
Ongoing H-C-3-d Facilitate Tenant Protection Act of 2019 (AB 1482) Provide at least 1 info session per year
Annual or
Ongoing H-C-4-a Rental Housing Assistance Information Updated annually after 2023 Annual or
Ongoing H-D-2-a Potential Re-Use of Commercial Sites Biannual report beginning in 7/2026; Reach out to at least 2 owners/year
Annual or
Ongoing H-D-4-a ADUs 24 units by 2031
Annual or
Ongoing H-D-4-h ADU Monitoring
Ongoing monitoring; Biannual evaluation
beginning 2025 Apr 1; mid-cycle review in
2027
Annual or
Ongoing H-D-4-j ADUs and JADUs in Religious and
Institutional Uses and School Sites
outreach to 2 properties/year; 12 units in
religious/institutional uses by 2031; and 12
UNITS IN SCHOOL SITES BY 2031
Annual or
Ongoing H-D-5-a School Sites Minimum of 2 meetings by December 2027 Annual or
Ongoing H-D-6-d Development Impact Fee Waivers Ongoing
Annual or
Ongoing H-D-6-g Employee Housing Act Ongoing
Annual or
Ongoing H-E-1-b New Units for City-Owned Affordable
Housing Program As funds are available
Annual or
Ongoing H-E-2-a Inclusionary 20% Requirement Ongoing
Annual or
Ongoing H-E-2-b
Affordable Housing Overlay Inclusionary
15% Requirement Including Extremely
Low-Income
Ongoing
Annual or
Ongoing H-E-3-a
Density Bonus for Affordable Housing
Projects Consistent with State Density
Bonus Law
Ongoing
Annual or
Ongoing H-E-4-a Maintain Existing Owner-Occupied BMR
Units
Annual Monitoring to be reported in General
Plan Annual Report
Annual or
Ongoing H-E-5-a New Agreements for Affordability of
Existing Rental Units
Meet with at least 1 owner per year; report in
APR
Annual or
Ongoing H-E-6-a Home Sharing Program Ongoing ; At least 5 new matches per year Annual or
Ongoing H-E-7-a Housing Provisions in Development
Agreements Ongoing
Annual or
Ongoing H-E-8-a BMR Eligibility Guidelines Ongoing
Annual or
Ongoing H-E-10-a Improve Housing Mobility and Increase
Missing Middle Housing Choices
Annual Monitoring to be reported in General
Plan Annual Report; mid-cycle review in 2027
Annual or
Ongoing H-F-1-a Facilities and Services for Special Needs Annual proactive outreach

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YEAR DUE
IMP.

PROGRAM ACTION ITEM NOTES
Annual or
Ongoing H-F-1-b Assistance to Victims of Domestic Abuse Ongoing Annual or
Ongoing H-F-1-c Adaptable/Accessible Units for the
Disabled Ongoing
Annual or
Ongoing H-F-1-d Reasonable Accommodation Implemented as requests are made Annual or
Ongoing H-F-1-e Home Sharing for Special Needs
Population
Include in Annual Budget; at least 50% of
matches assist special needs
Annual or
Ongoing H-F-1-f Support Services for Special Needs
Population Ongoing
Annual or
Ongoing H-F-1-g Extremely Low-Income Units for Special
Needs. Annual
Annual or
Ongoing H-F-1-h Age Friendly Initiative
Annual or
Ongoing H-F-1-i Community Care Facilities
Annual or
Ongoing H-F-1-j Public Investment in Accessibility Annual; target tracts with higher % disabilities Annual or
Ongoing H-F-2-a Emergency Housing Assistance Annual
Annual or
Ongoing H-F-2-b Emergency Shelter Uses Annual
Annual or
Ongoing H-F-2-c Multi-Jurisdictional Emergency Shelter Based on opportunity Annual or
Ongoing H-F-3-a Transitional and Supportive Housing
Zoning Ongoing
Annual or
Ongoing H-F-3-b Supportive Housing Ongoing
Annual or
Ongoing H-G-1-a Non-Discrimination Ongoing; Provide at least 1 info session per year beginning 2024
Annual or
Ongoing H-G-2-a Anti-Discrimination Regulations Information to be provided annually Annual or
Ongoing H-G-2-b Fair Housing Training for Landlords and Tenants
Provide at least 1 info session per year
beginning 2024
Annual or
Ongoing H-G-2-c Information Specific to Fair Housing Update annually Annual or
Ongoing H-G-2-d Multi-Lingual Tenant Resources Collaborate for provision of multilingual fair housing services
Annual or
Ongoing H-G-2-e Rental Registry
Annual or
Ongoing H-G-3-a Commuter Shuttles Ongoing
Quarterly H-E-1-c First-Time Homebuyer Program Promote at least quarterly; 2 loans every 4 years
Quarterly H-E-3-b Financing and Subsidy Programs Quarterly updates

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9.Appendices

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APPENDIX A: POLICY/PROGRAM MATRIX (HOUSING ELEMENT TABLE 8-5)

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APPENDIX B: HOUSING PROGRAM NEAR-TERM IMPLEMENTATION PROGRAMS A more detailed description of the 32 near-term implementation programs is listed below.2 GOAL H-A: REINFORCE THE CITY’S COMMITMENT TO MEETING HOUSING NEEDS H-A-5-e NOFAs for Affordable Housing
Develop a funding program and outline criteria and objectives for affordable housing developers to apply for Notices of Funding Availability (NOFAs) funded by the City’s Affordable Housing Funds.

GOAL H-B: PROTECT EXISTING HOUSING, WATERFRONT CHARACTER, AND RESOURCES H-B-2-a Lower-Income Homeowner Rehabilitation Loans
The City will provide or partner with a regional program to provide rehabilitation loans, energy improvement such as weatherization or solar, disaster assistance programs, and proactive outreach to lower-income homeowners. Quantified Objective: 18 new loans by 2031 or 3 per year, half of which being very low-income and half of which being low-income.

H-B-2-b Facilitate Non-Profit Rehabilitation/Maintenance Assistance The City will initiate a rebate program to provide up to $5,000 in funding to very low-income homeowners who cannot otherwise afford the repairs. Eligible repairs include weatherization of doors and windows, broken windows and doors, installation of smoke detectors, water-heater replacement, electrical/mechanical work, plumbing repairs, solar photovoltaic, and accessibility improvements. The City will identify possible non-profit organizations (such as Rebuilding Together Peninsula, churches, service clubs, or Girl or Boy Scouts) that can provide assistance/proactive outreach and will provide information on the City’s website and handouts at City Hall. Quantified Objectives: 6 units improved with assistance by 2031 or one very low- income owner unit improved with assistance per year.

H-B-3-d Climate Action Plan
Implement recommended energy conservation measures for housing upon completion of the 2023 Climate Action Plan update. Timeframe: Adopt CAP implementation programs by the end of 2024.
2 A complete list of programs is contained in Chapter 8 of the Housing Element 2023-31 beginning on page HE-79, including a summary in Table 8-5 beginning on Page HE-115.

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GOAL H-C: PROTECT THE SUPPLY AND AFFORDABILITY OF RENTAL HOUSING H-C-1-b Amend Percentage of BMR Units in Conversions
Review the existing conversion regulations in Chapter 17.76 of the Municipal Code to ensure conformance with applicable state law pertaining to the percentage of converted units required to be set aside for qualified lower- and moderate-income owners. Timeframe: Report to City Council regarding conformance by December 2024.

H-C-2-a Monitor Affordable Housing Regulatory Agreements The City will continue to monitor and enforce existing affordable housing regulatory agreements, including but not limited to exploration of ways to improve the efficiency of the process, and updating the City’s BMR Administrative Guidelines to incorporate procedures for investigating complaints. Timeframe: Adopt efficiency improvements and update the BMR Administrative Guidelines by December 2024.

H-C-3-b Anti-Displacement Strategy
Develop an Anti-Displacement Strategy, including assessment of a variety of tenant protection measures to determine if appropriate for Foster City, including but not limited to: a) expansion of relocation benefits beyond those required by California law for landlords to pay to lower- income tenants to also apply to moderate-income tenants; b) expansion of the amount of relocation benefits beyond those required by California law for lower-income tenants; c) minimum lease terms; d) required notifications to tenants and landlords of legal requirements; and e) expansion of any other relocation/anti-displacement provisions. Timeframe: Implement program by December 2024.

GOAL H-D: PURSUE PUBLIC AND PRIVATE REDEVELOPMENT OPPORTUNITIES TO INCREASE THE

SUPPLY OF HOUSING
H-D-4-b ADU/JADU Financial Incentive Program
Provide or partner with another organization to provide a financial incentive program for single- family homeowners to construct an ADU/JADU that is restricted for lower-income households for 10-15 years, with an additional incentive amount for units subject to a preference for identified categories of special needs people who would benefit from coordinated onsite services, including but not limited to people with developmental disabilities. Timeframe:

Implement program by December 2024 Quantifiable Objectives: eight income-restricted ADU units to be financed by 2031 (included in 24 in H-D-4-a). Performance Metric(s): Number of restricted units produced; amount of incentives offered. Geographic Targeting: Promote programs to expand housing choices in single-family area.

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H-D-4-c Pre-reviewed ADU/JADU Designs and Expedited Review Adopt pre-reviewed ADU/JADU designs/plans to streamline the review process, facilitate reduced applicant cost and expedited review for ADUs/JADUs. Work with homeowners’ associations to incorporate their input on preapproved designs that are appropriate for their development and encourage them to adopt prototypical designs for ADUs/JADUs. Ensure preapproved designs/plans provide choices and diversity in size to accommodate a variety of household sizes and types. Timeframe: Implement program by December 2024. Performance Metric(s): Number of preapproved ADU/JADU designs/plans.

H-D-4-f Objective Design Standards for ADUs
Develop and adopt objective design standards for ADUs. Timeframe: Adopt standards by December 2024.

H-D-4-h Multi-Family ADUs
The City will develop incentives to encourage multifamily ADUs in accordance with Chapter 17.78 of the Municipal Code and applicable State laws including but not limited to such measures as financial assistance, reduced fees, and/or expedited processing. The City will conduct outreach to owners of multi-family housing to explore opportunities to convert underutilized spaces including carports, garages, laundry rooms, etc. Timeframe: Develop incentive program by December 2024; Conduct outreach to at least two properties per year. Quantified Objective: 70 multi-family ADUs by 2031. Performance Metric(s): Number of multi-family ADUs.

H-D-4-j ADUs and JADUs in Religious and Institutional Uses and School Sites Amend zoning regulations allowing religious and institutional uses and school sites to construct up to four (4) ADUs and JADUs on-site when an affordable housing development may not be feasible and conduct an outreach and education campaign to subject property owners.

Timeframe: Amend zoning regulations by December 2024, Conduct outreach to at least two properties per year. Quantified objective: 12 ADUs in religious and institutional uses and 12 ADUs in school sites by 2031. Geographic Targeting: Promote programs to expand housing choices adjacent to single-family areas.

H-D-5-a School Sites – Complete
Pursue opportunities with the public school district and private schools, including but not limited to General Plan and PF zoning amendments, to incorporate on-site residential uses for faculty and staff along with educational facilities to increase the supply of school employee housing.

Timeframe: Adopt General Plan and PF zoning amendments and meet with San Mateo-Foster City School District and at least one private school by December 2024. Performance Metric(s):

Adoption of zoning amendments; Coordinate with the school district to implement and promote development of housing in conformance with AB 2295 by December 2024; A minimum of two

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meetings held with public school districts and private schools by December 2027. Geographic Targeting: Promote programs to expand housing choices adjacent to single-family areas.

H-D-5-b Religious and Nonprofit-Owned Sites
Pursue opportunities for provision of housing on sites owned by religious or non-profit organizations, including the special parking provisions of California Government Code Section 65913.6. Collaborate with religious and non-profit officials on amendments to zoning regulations.

Timeframe: Amend zoning regulations by December 2024. Performance Metric(s): Rezone 1601 Beach Park Boulevard from PF Public Facility to R-2 Two-Family Residential to provide a minimum capacity of 16 units by December 2023. Adoption of zoning amendments by December 2024; A minimum of two meetings held with owners of religious and nonprofit-owned sites to implement and promote development of housing in conformance with SB 4 by December 2027. Geographic Targeting: Promote programs to expand housing choices adjacent to single-family areas.

H-D-6-a Minimize Governmental Constraints
The City will review the entire development process and remove any governmental and regulatory constraints to the production of affordable housing, including streamlining the preliminary review process and to allow more types of projects to be approved at the staff level.

The City will: 1) engage with affordable housing developers to identify governmental constraints, 2) continue to evaluate and improve the streamlined processing system to facilitate residential development, and 3) streamline 100% affordable housing with a priority staff-level planning entitlement process. Timeframe: Engage with affordable housing developers by December 2024, amend zoning code to streamline processing system by December 2025; repeat in 2028.

Performance Metric(s): Number of zoning requirements, fees, processing timelines and review procedures removed related to affordable housing.

H-D-6-c Amend Parking Requirements
Amend parking requirements for multi-family housing as necessary, including but not limited to setting a maximum of two stalls per unit and reducing guest parking requirements by 50%, to allow General Plan densities and to reduce housing costs and provide appropriate parking requirements for elderly, developmentally disabled, or other special needs populations.

Timeframe: Report with recommendations to Planning Commission and City Council by December 2024.

H-D-6-f SB9 Objective Design Standards
Amend the Zoning and Subdivision regulations to include objective design standards in compliance with SB9 to allow additional housing units on single-family parcels. Timeframe:

Amend zoning regulations by December 2024.

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GOAL H-E: ADDRESS AFFORDABLE HOUSING NEEDS
H-E-3-c Cooperative Ventures
Encourage cooperative and joint ventures between owners, developers, non-profit groups, and/or the City in the provision of BMR housing through targeted outreach methods. Timeframe:

Biannual with first outreach meeting by June 2024. Performance Metric(s): Number of cooperative ventures under the program.

H-E-9-a Family Friendly Housing
Promote housing designs and unit mix to attract multigenerational households by encouraging developers to include housing features and more bedrooms (including three-bedroom units), as well as other on-site amenities, such as usable outdoor open space for multigenerational use, and multipurpose rooms that can be used for after-school homework clubs, computers, arts, or other resident activities. To address potential displacement of households with three or more persons, the City will research options to expand regulatory incentives to encourage the development of larger units. Timeframe: Report to City Council by December 2024. Performance Metric(s): Facilitate ten (10) rental units of 3 or more bedrooms by 2031.

H-E-9-b Small Housing Units
Amend the Zoning regulations to specifically allow housing targeted for extremely low-income households, including single room occupancy (SROs) and group homes for these income groups in the CM/PD, C-2, and PF zoning districts and establish or modify development standards to facilitate the development of SROs, amend regulations to provide expedited review for these housing types, explore funding sources for SROs, and conduct outreach to neighborhood groups, stakeholders, and local businesses regarding the advantages of providing opportunities for new construction and preservation of SROs. Timeframe: Amend zoning regulations by December 2024; conduct outreach at least annually with news articles and through roundtable meetings.

Performance Metric(s): Facilitate ten (10) rental units with less than 500 square feet by 2031.

GOAL H-F: ADDRESS HOUSING FOR SPECIAL NEEDS POPULATIONS H-F-1-c Adaptable/Accessible Units for the Disabled
The City will ensure that new multi-family housing includes units are accessible and adaptable for use by disabled persons in conformance with the California Building Code and that developers are required to implement an affirmative marketing plan as required by Chapter 17.90 and the City’s BMR Administrative Guidelines for physically accessible affordable units that provides disability-serving organizations adequate prior notice of the availability of the accessible and adaptable units and a process for supporting people with qualifying disabilities to apply. Timeframe: Implement requirements for affirmative marketing by December 2024.

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Performance Metric(s): Ensure accessible and adaptable units are provided consistent with the California Building Code and that affirmative marketing is included consistent with Chapter 17.90 and the City’s BMR Administrative Guidelines.

H-F-1-f Support Services for Special Needs Population
Continue to work with service providers such as Foster City Village, Second Harvest Food Bank, and others to facilitate the provision of support services to enable people to receive services in their homes, including persons at risk of homelessness, seniors, persons with mental or physical disabilities, substance abuse problems, HIV/AIDS, physical and developmental disabilities, multiple diagnoses, veterans and victims of domestic violence. Timeframe: Host a roundtable meeting with service providers annually starting prior to December 2024; implement the plan developed by December 2025 Performance Metric(s):

Roundtable at least annually.

H-F-1-g Extremely Low-Income Units for Special Needs
The City will ensure that for the new extremely low-income units, including those required by Chapter 17.92, developers are required to implement an affirmative marketing plan for special needs groups prior notice of the availability of the units and a process for supporting qualified households to apply.
Timeframe: Include requirements in the City’s BMR Administrative Guidelines for developers to submit an Affirmatively Furthering Fair Housing marketing plan for their affordable units by December 2024.

H-F-1-h Age Friendly Initiative
Continue the work begun in 2020 with the Center for Age Friendly Excellence (CAFÉ) and the Foster City Age-Friendly Community (AFC) Task Force to develop and implement an action plan including programs to address needs of seniors.
Timeframe: Begin program implementation by December 2024. Performance Metric(s): Adoption of Age-Friendly Action Plan by December 2024.

H-F-1-i Community Care Facilities
Amend the City’s zoning regulations to expand the zoning districts that allow community care facilities to simplify and clarify definitions, permitted uses, and processing procedures for residential care facilities and group homes in all residential districts for conformance with State law, including but not limited to eliminating spacing requirements for persons with disabilities, allowing group homes objectively to facilitate approval certainty similar to other residential uses, and allow group homes in all residential zones.
Timeframe: Amend Municipal Code by December 2024.

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H-F-1-j Public Investment in Accessibility
Include accessibility improvements to City streets, parks, and other facilities through implementation of the ADA Transition Plan.
Timeframe: The ADA Transition Plan is planned for completion in early 2024, to be implemented beginning in 2024.
Performance Metric(s): Number of capital improvement projects identified in the CIP budget each year that include accessibility improvements.
Geographic Targeting: Increased preference for census tracts with high percentage of persons with disabilities, 6083 and 6080.25.

H-F-2-d Emergency Shelter Zoning
The City will allow emergency shelters as provided in Chapter 17.82 that allows a year-round emergency shelter as a permitted use in Neighborhood Business (C-1), General Business (C-2), and at churches/synagogues in the Public Facilities (PF) Zoning District. The City will amend Chapter 17.82 as necessary to comply with State law including AB 2339, including amending the definition of emergency shelters, zoning, development standards as applicable to allow residential uses and ensure sufficient capacity to meet the needs for emergency shelters, including proximity to amenities, transportation, and services, and eliminating the limits on maximum length of stay. Timeframe: Amend Chapter 17.82 by May 2024. Performance Metric(s):

Number of emergency shelters allowed.

GOAL H-G: AFFIRMATIVELY FURTHER FAIR HOUSING
H-G-1-a Non-Discrimination
To ensure that the sale, rental, or financing of housing is not denied to any individual on the basis of race, sex, national origin, religion, age, marital status, disability, or other factors, Foster City will ensure that state and federal laws are adhered to regarding fair housing. The City, through its Community Development Department, will refer discrimination complaints to the appropriate legal service, county, or state agency. The City will provide public information and education services in a variety of locations, including but not limited to the City’s website, City Hall, public library, Recreation Center and Senior Center. Timeframe: Update website by December 2023; At least one (1) informational session for tenants and landlords annually beginning in 2024 Performance Metric(s): Number of informational sessions held annually.

H-G-2-b Fair Housing Training for Landlords and Tenants Partner with an organization to perform fair housing training for landlords and tenants. Target:

At least one fair housing training per year beginning in 2024. Timeframe: Implement program by the end of 2024. Performance Metric(s): Conduct at least one fair housing training for tenants and landlords annually, beginning in 2024.

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H-G-2-d Multi-Lingual Tenant Resources
Collaborate and cooperate with local and regional agencies who provide multilingual fair housing education services. Timeframe: Implement program by December 2024. Performance Metric(s):

Collaboration for provision of multilingual fair housing services.

H-G-2-e Rental Registry
Unless a requirement for a State rental registry is adopted, explore a rental registry that tracks information such as rents, utilities, accessibility for disabled persons, tenant occupancy dates, and landlord contact information in order to improve the information available to landlords, tenants, and decision makers. Timeframe: Report to City Council by December 2024.

H-G-3-b Expand Bus Service
Require developers to submit a transportation demand management plan with their application and work with SamTrans and/or Commute.org to implement suggestions for new bus stops and routes.
Timeframe: Amend application submittal requirements by December 2024.

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APPENDIX C: AFFORDABLE HOUSING FINANCE 101, 21 ELEMENTS, 2022.

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3 DATE: September 3, 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
Monica Ly, Planning Manager
DEPARTMENT: Community Development
SUBJECT: RESPONSE TO THE SAN MATEO COUNTY GRAND JURY
REPORT: "RESTAURANT EXTERIORS: THE NEGLECTED
SPACE"

RECOMMENDATION
It is recommended that the City Council: (1) review the draft response to the San Mateo County Grand Jury Report titled “Restaurant Exteriors: The Neglected Space,” which has been prepared by staff, and by Minute Order, provide direction as needed to finalize the response and authorize the City Manager to execute the response for submission prior to the deadline of October 7, 2024; and (2) find the approval of the response exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3).

EXECUTIVE SUMMARY
On June 9, 2024, staff received a Grand Jury Report (Attachment 2) from the San Mateo County Civil Grand Jury titled “Restaurant Exteriors: The Neglected Space." This report provides seven (7) findings and four (4) recommendations regarding the upkeep and management of restaurant exteriors within the County, highlighting the importance of maintaining clean and aesthetically pleasing public and commercial spaces.

The Civil Grand Jury requests responses from the San Mateo County Board of Supervisors to all findings and recommendations and from the Councils for all 20 cities and towns in the County to respond to Findings 1 through 7 and Recommendation 4. The report further includes that the governing bodies should be aware that the comment or

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3 response of each governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act. The response must be submitted no later than October 7, 2024.

BACKGROUND/ANALYSIS
The California Legislature has emphasized the importance of maintaining clean and attractive public and commercial spaces to enhance community well-being and economic vitality. The Grand Jury conducted an investigation into the condition of restaurant exteriors in San Mateo County, identifying several areas in need of improvement.

The 2023-2024 San Mateo County Grand Jury issued its report on July 9, 2024. The Grand Jury report found that many restaurants exterior waste storage areas were unsanitary, unsightly, and odorous, often attracting pests, with conditions worsening near garbage collection days. Regulatory enforcement across San Mateo County was inconsistent, typically occurring only in response to complaints, resulting in a reactive approach. Inspections focused primarily on restaurant interiors, leaving exteriors and parklets largely unmonitored. Economic pressures led restaurant operators to resist increasing waste pick-ups or adding containers, exacerbating the problem.

The Grand Jury Letter dated July 9, 2024 (Attachment 3), requires the City of Foster City to respond to all of the findings (1 through 7) indicating one of the following:

1. The respondent agrees with the finding.

2. The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore.

Summarized below are the Civil Grand Jury Report findings on how municipalities can more effectively manage and enhance the exteriors of restaurants and staff’s proposed responses.

Civil Grand Jury Report Finding and Responses:

F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

Response: The City of Foster City agrees with Finding 1.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

Response: The City of Foster City agrees with Finding 2, noting that there are currently no parklets in Foster City.

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3 F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

Response: The City of Foster City partially disagrees with Finding 3, because the City of Foster City takes a proactive inspection approach to ensure exterior areas used for waste storage and disposal are consistently maintained in a sanitary condition.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

The City of Foster City partially disagrees with Finding 4. There are restaurants that include exterior areas used for waste storage and disposal which are not out of sight and there are other, “out of sight,” exterior areas that are immediately adjacent to fences that abut neighboring properties, which are closely monitored and regularly reported by those neighboring property owners. Further, the City of Foster City takes a proactive inspection approach to ensure exterior areas used for waste storage and disposal are maintained in a sanitary condition consistently.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

Response: The City of Foster City partially disagrees with Finding 5. When Foster City, staff receives complaints regarding garbage overflow or spill, staff works with the restaurant owners and/or property managers to rectify the issue. Foster City Municipal Code Chapter 8.07 Storage and Disposal of Solid Wastes and Recyclable Materials, and Chapter 9.52 Property Maintenance, provide the City staff with proper oversight and authority to address these issues.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

Response: The City of Foster City partially disagrees with Finding 6. Foster City enforces C.3 stormwater requirements through the permitting process to prevent such occurrences. These requirements include:
•Provide a roofed and enclosed area for dumpsters, recycling containers, etc., designed to prevent stormwater run-on and runoff. •Connect any drains in or beneath dumpsters, compactors, and tallow bin areas serving food service facilities to the sanitary sewer.

F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

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3 Response: The City of Foster City agrees with Finding 7, noting that there are currently no parklets in Foster City.

Additionally, the City is required to respond to Recommendation 4 and report one of the following actions:

1. The recommendation has been implemented, with a summary regarding the implemented actions.

2. The recommendation has not yet been implemented but will be implemented in the future, with a time frame for implementation.

3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame (not exceeding 6 months from the date of publication of the grand jury report).

4. The recommendation will not be implemented because it is not warranted or reasonable, with an explanation, therefore.

Summarized below are the Civil Grand Jury Report recommendations on how municipalities can more effectively manage and enhance the exteriors of restaurants and staff’s proposed response. As noted above, the Grand Jury has directed that Foster City needs to respond only to Recommendation 4.

Civil Grand Jury Report Recommendations:

R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

Response: The recommendation has been implemented since 2021 in the Foster City Municipal Code Section 8.07.100 Requirements for commercial businesses states:

City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials, and commercial businesses shall adjust their service level for their collection services as requested by the city.

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3 Staff has prepared a draft response letter for the Council’s review and approval (see Attachment 1). In the draft response letter, the City expresses agreement with F1, F2, and F7, and partially disagrees with F3, F4, F5, and F6 of the Grand Jury Report as noted above. Additionally, the City indicated that Recommendation 4 has already been implemented through the City’s Municipal Code Section 8.07.100.

With Council’s direction, staff will submit the City’s response to the Grand Jury Report before the October 7, 2024, deadline as directed by the Grand Jury in its transmittal letter.

CEQA
CEQA Guideline Section 15061(b)(3), Common Sense Exemption because it can be seen with certainty that there is no possibility that the City’s response to the San Mateo County Grand Jury Report may have a significant effect on the environment.

FISCAL IMPACT
The item under consideration has no fiscal impacts because it involves the administrative task of responding to the Grand Jury Report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

Attachment 1 – Proposed Response to Grand Jury Report
Attachment 2 – Grand Jury Report - "Restaurant Exteriors: The Neglected Space" Attachment 3 – Grand Jury Letter

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September 4, 2024
Hon. Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center, 2nd Floor
Redwood City, CA 94063-1655
Dear Judge Lee,
Subject: Response to Grand Jury Report: "Restaurant Exteriors: The Neglected Space" The City of Foster City has reviewed the Grand Jury Report released on July 9, 2024, regarding the condition of restaurant exteriors. We appreciate the findings and recommendations outlined in the report.

Finding:

Response: The City of Foster City agrees with the findings.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

Response: The City of Foster City agrees with the findings. However, we would like to note that there are currently no parklets in Foster City.

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F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

The City of Foster City partially disagrees with the findings. There are a few restaurants that include exterior areas used for waste storage and disposal which are not primarily out of sight. As noted earlier, City of Foster City takes a proactive inspection approach to ensure exterior areas used for waste storage and disposal are maintained in a sanitary condition consistently. Occasionally, staff receives complaints regarding garbage overflow or spill, and is able to work with the restaurant owners and/or property managers to rectify the issue.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

Response: The City of Foster City partially disagrees with Finding 5. While acknowledging that the report highlights a lack of oversight leading to unaddressed unacceptable conditions in restaurant trash areas in some jurisdictions, Foster City Municipal C ode Chapter 8.07 Storage and Disposal of Solid Wastes and Recyclable Materials, and Chapter

9.52 Property Maintenance, provide the City staff with oversight and the authority to rectify these issues.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

Response: The City of Foster City partially disagrees with Finding 6. While acknowledging that the report indicates wastewater from cleaning trash areas and rainwater can flow into storm drain systems in some jurisdictions, the City enforces C.3 requirements through the permitting process to prevent such occurrences. These requirements include:
• Provide a roofed and enclosed area for dumpsters, recycling containers, etc., designed to prevent stormwater run-on and runoff.
• Connect any drains in or beneath dumpsters, compactors, and tallow bin areas serving food service facilities to the sanitary sewer.

Response: The City of Foster City agrees with the findings. However, we would like to note that there are currently no parklets in Foster City.

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Recommendation:

Recommendation 4 has been implemented with the provision in the Foster City Municipal Code.

Section 8.07.100 Requirements for commercial businesses, the code states:

City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.

This response was approved by the Foster City City Council during a public meeting held on September 3, 2024.

Please let us know if there are any further details required or if additional clarification is needed.

Sincerely,

Stefan Chatwin
City Manager
City of Foster City
[email protected]

CC: [email protected]
Enclosures:
• September 3, 2024, Approved Minutes

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RESTAURANT EXTERIORS: THE NEGLECTED SPACE

ISSUE

The exterior trash areas of food service businesses are often unsightly and unsanitary. How can this issue be addressed?

SUMMARY

Restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant building exteriors are subject to a variety of standards and inspection programs, because each local jurisdiction has its own regulations for sanitation and safety for exteriors. For restaurant exteriors, responsibility for enforcement of local code and for inspection schedules varies from city to city. Generally, inspections are done when complaints are received. The extent of the issues may vary based on the municipality or district, day of the week (garbage collection day), or whether the building backs are visible to the public.

Grand Jury members conducted interviews with County officials, city officials, and waste handlers and performed their own spot checks (admittedly not scientific). A written survey (Appendix B) was sent to all twenty cities and towns in the County.

The Grand Jury found a significant number of restaurant exterior waste storage areas and areas below parklets had clearly deficient, unsanitary, unsightly and odorous conditions. The investigation found that the “standards” for these areas, i.e., how these conditions were monitored, and how codes and policies were enforced, to be inconsistent at best and non-existent in some instances. A quantification of the waste storage area problem proved difficult as many sites and their condition were dependent on the day of the week and their garbage pick-up days.

This Grand Jury report includes recommendations for a more proactive approach to handling the garbage and parklet sanitation problems around restaurant exteriors in San Mateo County, and suggestions for preventive maintenance.

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BACKGROUND

People spent 20.7% more money at restaurants than on groceries in 2022. That figure rose to

29.5% in the first two months of 2023 according to Commerce Department data.1 This significant increase in use of restaurants and “micro” and “mobile” food services, not surprisingly, resulted in an increase in organic (food stuff) waste, paper, glass and general garbage.

Members of the Civil Grand Jury initiated this review of the health and safety conditions surrounding the immediate areas designated for waste removal after observing an increase in rodents around parklets. Initial walkthroughs behind restaurants determined that the problem related to waste management in general as well as to the parklets. Photos contained in Appendix A depict some of the disturbing findings.

REGULATORY FRAMEWORK

California Health & Safety Code, Chapter 7 known as the “Retail Food Code” regulates, at the State level, the protections required for public health and safety of a “Food Facility”.2 The Code

1 https://www.census.gov/retail/marts/www/marts_current.pdf 2 H&S Code 113789 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: (1) Public and private school cafeterias. (2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c). (4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370.

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has extensive requirements for the handling of food, preparation and service of patrons. They can best be described as affecting the “inside” of the Food Facility.

The exterior or waste disposal areas are only mentioned in Article 4, Section 114245.4. “If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable and sloped to drain.”3 Refer to Appendix C for the California Health & Safety Code Article 4.

The enforcement of these State Regulations is assigned to “Enforcement Officers”4 of an “Enforcement Agency”5 which is delegated to more local organizations at the county or other local level. Section 1143906 gives the power to inspect facilities, take samples and prepare a written report of deficiencies.

HEALTH DEPARTMENT INSPECTIONS

The San Mateo County Health Department is primarily responsible for the inspection of restaurants and enforcement of the Health Codes related to them. The Inspection checklist (Appendix D) has 60 categories for inspection and only one (FO42) relates to waste disposal or garbage. In interviews, the Grand Jury found the Health Inspector does not generally inspect the areas behind the facility and does not inspect areas not immediately adjacent to the facility at all.

The County relies on the individual cities for enforcement of their nuisance laws in these areas.

As part of its Municipal Code, each City or jurisdiction maintains provisions for enforcement actions against properties (and operators) that maintain unhealthy, noxious, or dangerous conditions under their police powers to abate public nuisances. (See Bibliography)

LAND USE / USE PERMITS

It is beyond the scope of this investigation to analyze the municipal codes of each of the twenty jurisdictions in San Mateo County which have restaurant uses. Most cities require “use permits”

(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. (11) Fishermen’s markets.

3 Sections 114244 to 114245.3 inclusive speak only to the Food Facility which is defined as the interior of the facility.
4 113774. “Enforcement officer” means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
5 113773. “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
6 114390 :
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104.&title=& part=7.&chapter=13.&article=2

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(conditional or otherwise) for restaurants in certain locations. As part of the building permit process, cities have the ability to require and specify the type, location, and frequency of waste disposal. More importantly, all have a general requirement that these areas be maintained at the owner/operator expense in a good and sanitary manner.

WASTE HAULERS / SANITATION COMPANIES

By far the biggest recipient of waste and disposal in the County is Recology San Mateo County serving the cities of Belmont, Burlingame, East Palo Alto, Foster City, Menlo Park, Redwood City, San Carlos, and San Mateo, the town of Hillsborough, County of San Mateo, North Fair Oaks, and West Bay Sanitary District. Recology of the Coast provides service to Pacifica.

GreenWaste provides service to the town of Atherton.

South San Francisco Scavenger Company (SSFSC) serves businesses and residents in South San Francisco, Millbrae, Brisbane and San Francisco International Airport. Half Moon Bay, Daly City and the unincorporated North County has an agreement with Republic Services, Inc. to provide recycling, compost and garbage collection services.

Each hauler negotiates independently on rates and pick-up policy. The Grand Jury reviewed the Franchise Agreement used by Recology. The agreement provides that the hauler shall replace or repair bins, dumpsters and other containers as needed or upon request.

DISCUSSION

SURVEY

The Grand Jury sent a survey to twenty jurisdictions (see Appendix B). Five jurisdictions relied solely on the County Health Department for enforcement of regulations related to restaurant waste facilities; two inspected and enforced only at the permit renewal stage; and nine assigned the duty to their code enforcement mechanism generally through Planning, Public Works or dedicated Code Enforcement personnel. Only three of the jurisdictions conducted inspections independent of a complaint. The majority, nine of fourteen, only inspected upon receipt of a complaint. (See Appendix B for the tabulated Survey results).

In summary, survey responses demonstrate that the Cities rely on the County Health Department for inspections of restaurant interiors and, in general, only respond to exterior conditions upon receipt of a complaint.

OBSERVATIONS

The condition at any one site is dependent on the frequency of trash removal. The site may be fine right after removal but, as the week goes on, the situation worsens. There does not appear to be any site-specific requirements (or at least any that are enforced) for residual cleaning such as power washing. Few sites inspected had any method of controlling wash down or steam cleaning waste from flowing into the storm sewers. The type of restaurant also impacts its output, e.g., some generate grease, oil and animal fat, which require special containers.

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The current requirements for trash enclosures by local jurisdictions are applied only to new applications, resulting in many outdated, legacies facilities and, without regular inspection, there is no monitoring of maintenance or repair. These areas are high impact areas and the enclosures and bins, dumpsters and cans are subject to heavy use. The Grand Jury found many bins, dumpsters and cans to be in damaged and filthy condition.

Economic forces impact maintenance and overflow conditions. An operator of a restaurant pays for disposal service by volume (size and number of containers) and frequency (number of pick- ups in one week). Increases in business generate higher volumes so what was working in the past may not be sufficient for the current or future situation. It is logical that operators of food facilities would see added frequency of pickups or added containers as a negative and an expense. This is a financial impact question.

IMPACTS ON THE COMMUNITY

Normal sanitation issues apply; smell, unsightliness and vermin7. Vector Control does not inspect trash or similar areas unless specifically requested. The Grand Jury interviews revealed instances of the presence of rats, mice and raccoons in trash areas and parklets. Insect infestation is also of concern. All this presents a health hazard to the public, the workers at these restaurants, and the trash collectors.

ENFORCEMENT OF EXISTING REQUIREMENTS

The County Health Department inspections do not include the areas outside of the building. The enforcement of the nuisance provisions by local jurisdictions is reactive and only called into play upon a complaint. Oversight of the condition of receptacles (dumpsters, bins, cans) is minimal, at best, and often non-existent.

SPECIAL CASES

Mobile Food Facilities (Food Trucks): The Permit Checklist for food trucks does not mention waste disposal. Food Truck regulation is an evolving body of regulation and should be reviewed at a later date.
https://www.smchealth.org/sites/main/files/file-attachments/20170915_mff_selfinspectionche cklist.pdf?1536778880

Farmer’s Markets: Several markets were visited by Jurors. Only the Farmer’s Market in San Carlos was the subject of an interview. This particular market occurs on a Sunday. It is organized

7 H&S Code 113939. “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.

H&S Code 13939.1. “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils.

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by a private company (a community-based organization, CBO) which recruits and manages the individual Farmers and Vendors. The company polices the area at the breakdown of the Market on Sunday afternoon. The city of San Carlos has a street sweeper go over the area on Monday morning. These actions appear to be sufficient as the area was observed to be clean and free from refuse.

Parklets: Like Food Trucks, parklet regulation is evolving and should be reviewed in more detail at a later date. There are currently no separate inspection line items for parklets in the County Health Department checklist. Parklets increased significantly as a result of the Covid-19 pandemic, which have proven efficient and desirable in many areas. At the outset, their construction was not heavily regulated and there were no specific building code requirements for inspection and cleaning under floors. As these facilities have become permanent, building permit requirements have increased. Problem areas identified in our investigation are:

1. Open floor segments can permit food and other waste falling under the floor of the parklet to the street;

2. Many have open side(s) permitting vermin to go under the parklet to feed on scraps;

3. Street drainage (from road crown and gutter flow) can exacerbate the problems of waste under the floor, including leaves and other refuse.

METHODOLOGY

The Jurors made several site visits over a period of eight months and took photographs. The Grand Jury conducted interviews with some officials of some cities and with several San Mateo County officials including the Health Department and Vector Control. A survey was sent to each city/town in San Mateo County.

FINDINGS

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

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RECOMMENDATIONS
R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

Note: The Grand Jury is not able to recommend changes to building codes or planning criteria to cities or the County. However, in our review we did find the City of Palo Alto has a publication with clear and comprehensive regulations/recommendations for these areas. “Comprehensive Guidelines for Commercial Trash Enclosures:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/palo- alto-trash-enclosure-area-guidelines-march-2017.pdf”

REQUEST FOR RESPONSE

Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:

From the San Mateo County Board of Supervisors, to all Findings and Recommendations.

From the councils for all 20 cities and towns in the County, to Findings 1, 2, 3, 4, 5, and 6 and Recommendation 4.

The governing bodies indicated above should be aware that the comment or response of each governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.

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RESPONSE REQUIREMENTS

California Penal Code Section 933.05 provides (emphasis added):

(a) For purposes of each subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the port of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.

BIBLIOGRAPHY

California Health and Safety Code:
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=+Heal th+and+Safety+Code+-+HSC

The following is a representative selection of Municipal Codes relevant to the investigation:

● Daly City:
https://library.municode.com/ca/daly_city/codes/code_of_ordinances?nodeId=TIT8HES A
● Belmont:
https://library.municode.com/ca/belmont/codes/code_of_ordinances?nodeId=CICO_CH1 1HESA
● Hillsborough:
https://library.municode.com/ca/hillsborough/codes/code_of_ordinances?nodeId=TIT8H ESA
● San Mateo (City): https://law.cityofsanmateo.org/us/ca/cities/san-mateo/code/7 ● East Palo Alto Code Enforcement: https://www.cityofepa.org/building/page/code- enforcement

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● San Carlos:
https://www.codepublishing.com/CA/SanCarlos/#!/SanCarlos08/SanCarlos0827.html#8. 27 ● South San Francisco:
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8- chapter_8_16 and
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8 ● Burlingame: https://library.qcode.us/lib/burlingame_ca/pub/municipal_code/item/title_8 ● Pacifica Food Establishments:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE
● Pacifica Garbage:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE_ART1GACO
● Redwood City: RWC has multiple segments of their code that would apply to this topic.

The link to the Code in General is:
https://library.municode.com/ca/redwood_city/codes/city_code?nodeId=REDWOOD_C

ALIFORNIAMUCO

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APPENDIX A
Photographs of exteriors

Figure 1: San Mateo, September 2023

Figure 2: Millbrae, September 2023

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Figure 3: Millbrae, September 2023

Figure 4: Millbrae, September 2023

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Figure 5: Millbrae, September 2023

Figure 6: Millbrae, September 2023

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Figure 7: San Carlos, December 2023

Figure 8: San Carlos, November 2023

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Figure 9: San Carlos, December 2023

Figure 11: San Carlos, October 2023

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APPENDIX B
Survey

1. Please list your name, title or job description and the city/town you represent.

Surveys were sent to managers of the twenty cities and towns in San Mateo County.

Responses were as follows:

City/Town Response Received
Atherton No
Belmont Yes
Brisbane No
Burlingame Yes
Colma No
Daly City Yes
East Palo Alto Yes
Foster City Yes
Half Moon Bay No
Hillsborough Yes
Menlo Park Yes
Millbrae No
Pacifica Yes
Portola Valley No
Redwood City Yes
San Bruno Yes
San Carlos Yes
San Mateo No
South San Francisco Yes
Woodside Yes

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2. What sanitation standards are applied to the garbage/trash areas of restaurants, bars and food services?

Respondents cited the County ordinance code and various municipal codes and standards. One entity had no response and another responded their city/town has no restaurants.

3. What standards are applied to sanitation, trash and street cleaning related to the "parklets" or other outdoor areas used for food service?

Most respondents cited state, county or municipal standards. One city noted they have specific regulations for parklets. Another city said they have no standards because parklets are the responsibility of restaurants.

4. What department(s) of the City enforce these standards?

Enforcement of standards may be done by:
● County Health
● Building/Fire/Public Works
● Planning & Building, Dept of Water & Wastewater Resources ● Planning
● Public Works
● Police, Code Enforcement
● Engineering Division
● Community & Economic Development. Department

5. Are regular inspections made or is inquiry only made upon complaint?

Most responded inspections are complaint-based. A few municipalities conduct regular, periodic inspections.

6. Upon inquiry by the City (either by inspection or complaint) what standards are applied to determination of a violation, or recommendation to an owner?

Standards listed included:
● County Health
● Parklet Standards
● Municipal Codes
● California Building Code, California Fire Code, Americans with Disabilities Act (ADA)

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7. What agencies or organizations outside of the City are involved in maintaining standards, such as Recology, Republic Services or South San Francisco Scavenger?

● Recology
● Recology of the Coast
● Greenwaste Recovery
● Republic
● County Health
● No response, but noted there is a city contract with a power washing service and that information is made available to parklet owners

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APPENDIX C
California Health & Safety Code Article 4

Health and Safety Code - HSC, DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] , PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] , CHAPTER 7.

Water, Plumbing, and Waste [114189 - 114245.7]
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104. &title=&part=7.&chapter=7.&article=4

ARTICLE 4. REFUSE

114244.
(a) Each food facility shall be provided with any facilities and equipment necessary to store or dispose of all waste material.
(b) Waste receptacles shall be provided for use by consumers. (c) A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.

114245
(a) An area designated for refuse, recyclables, returnables, and a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.
(b) Receptacles and waste handling units for refuse, recyclables, and returnables shall not be located so as to create a public health hazard or nuisance or interfere with the cleaning of adjacent space.

114245.1
(a) All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leakproof, and rodent proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed. (b) Refuse containers inside a food facility need not be covered during periods of operation.
(c) All refuse shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance. (d) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
(e) Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

114245.2. Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be

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stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

114245.3. If located within the food facility, a storage area for refuse, recyclables, and returnables shall meet the requirements for floors, walls, ceilings, and vermin exclusion as specified in this part.

114245.4. If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable, and sloped to drain.

114245.5. Receptacles and waste handling units for refuse and recyclables shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.

114245.6.
(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and wastewater shall be disposed of as specified under Section 114241.
(b) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.

114245.7.
(a) Except as specified in subdivision (b), suitable cleaning implements and supplies such as high-pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.
(b) If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

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APPENDIX D
San Mateo County Inspection Checklist

https://www.smchealth.org/sites/main/files/file-attachments/297097foodestab.pdf

Environmental Health
Services Food Program
2000 Alameda
de las Pulgas
Suite #100
San Mateo,
CA 94403
(650) 372-6200 FAX
(650) 627-8244
smchealth.org/food

FOOD FACILITY CHECKLIST

The goal of food safety is to promote health and prevent food-borne disease through education, training and regulation. This checklist reflects areas that are evaluated during a routine inspection. Use this as a guide to improve your facility’s sanitation and compliance with the requirements from the California Retail Food Code.

FOOD RECEIVING YES NO N/A
Raw or frozen raw molluscan shellfish (e.g. clams, mussels, scallops, oysters) properly labeled and labels maintained on site for at least 90 days.

Temperature of live molluscan shellfish at or below 45ºF.

Food only from approved sources.

Potentially hazardous foods delivered at a temperature of 41°F Frozen foods delivered in frozen condition with no evidence of thawing or refreezing.

Food at improper temperature or in unacceptable condition rejected.

Foods, especially refrigerated and frozen foods, placed in proper storage locations promptly.

FOOD STORAGE YES NO N/A
Foods protected from contamination, dirt, vermin, insects, chemicals, etc.

Prepackaged and bulk foods properly labeled.

Food stored at least 6 inches above floor in approved locations within the facility.

Returned and damaged goods stored separate from other items.

Raw meat and fish inside refrigerators and freezers stored below and away from ready-to-eat foods (e.g. salads, produce, beverages).

Foods kept covered while in storage.

Food which becomes contaminated or adulterated is discarded.

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FOOD PREPARATION YES NO N/A
Frozen foods thawed by one of the following methods:
● Under cold running water
● In a refrigerator
● In a microwave
● As part of the cooking process

Hot potentially hazardous foods cooled as quickly as possible by one or more of the following methods prior to placement in a refrigerator or freezer:
● In an ice bath with stirring
● With a rapid cool stirring device
● In a blast chiller
● By adding ice
● In shallow heat conducting pans on ice
● Separating food into smaller or thinner portions

YES NO N/A
Food preparation sinks used only for preparation activities, and not hand washing, janitorial activities, or other uses.

Sulfites not added to potentially hazardous foods.

Potentially hazardous foods shall be thoroughly cooked to a minimum internal temperature of:
● 165°F for poultry, comminuted poultry, game birds, stuffed meats, stuffed pasta, and reheated foods.
● 157°F for ground beef, other comminuted meats, and foods containing comminuted meat. (Or 155°F for a minimum of 15 seconds)
● 155°F for pork.
● 145°F for eggs, food containing raw eggs, and other cooked potentially hazardous food.

FOOD SERVING YES NO N/A
Prepackaged foods properly labeled with common name, list of ingredients, net weight, name and address of manufacturer, etc.

Uneaten food returned from customer is discarded and not reused or reserved.

Self-serve buffets, salad bars, snack counters, bulk food dispensers, and self- serve units. Provide adequate protection for food and utensils from contamination by customers (e.g. sneezing, coughing, and handling).

Tongs, ladles, spoons, etc. used for food service rather than direct contact with hands.

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TEMPERATURE CONTROL/THERMOMETERS YES NO N/A
Potentially hazardous foods kept at or below 41°F, or at or above 135°F.

When cooling or heating potentially hazardous foods, the time spent in the DANGER ZONE (41 °F - 135°F) is kept to a minimum.

Easily readable thermometers (accurate to + 2°F) in the warmest part of each refrigeration and freezer unit.

Metal probe-type thermometer on premise if potentially hazardous food served.

Thermometers are sanitized before and after use, and periodically calibrated. (Employees should be able to demonstrate that they know how to calibrate a probe thermometer)

UTENSIL WASHING/STORAGE YES NO N/A
Utensils protected from contamination, dirt, vermin, insects, chemicals, etc.

Multi-service customer utensils (e.g. plates, glasses, silverware) sanitized by mechanical dish machine as per manufacturer specifications, or if manually washed, sanitized by one of the following methods:
● 100 ppm chlorine for 30 seconds
● 25 ppm iodine for 60 seconds
● 200 ppm quaternary ammonium for 60 seconds
● 180°F water for 30 seconds

Test strips or thermometer available for measuring the method of sanitizing utensils.

YES NO N/A
Three- compartment sink with dual integral drain boards available for utensil washing (except where 2 compartment exemptions is applicable).

Compartments are large enough to accommodate the largest utensil in use.

Utensils are clean and in good repair.

Kitchen and serving utensils are routinely cleaned and sanitized.

Utensils are commercial-grade and meet applicable National Sanitation Foundation (NSF) at CAL CODE standards.

All mechanical dishwashers are provided with dual integral drain boards.

Proper sanitizer and chemical levels, and temperature maintained at all times during operation of dish machines.

Single-service customer utensils used only once and disposed of in a sanitary manner.

Serving utensils (e.g. scoops, spoons, ladles, etc.) for potentially hazardous foods, while in use are kept at or below 41°F or above 135°F, or in a dipper well continually provided with clean water.

TOILET FACILITIES YES NO N/A
Employee toilet facilities provided.

Customer toilet facilities provided where required.

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23 2023-2024 San Mateo County Civil Grand Jury

Tight-fitting self-closing doors provided.

Food, utensils, equipment, supplies, etc., not stored in toilet facilities.

Toilet paper, single-use sanitary towels (or air dryer) and hand cleanser provided from approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Ventilation provided.

HANDWASHING FACILITIES YES NO N/A
Within or adjacent to restrooms and kitchens.

Provided with single service sanitary towels (or air dryers) and hand cleanser from and approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Kept readily accessible at all times
Facilities provided exclusively for hand washing in food prep areas that are sufficient
in number and conveniently located. (construction/remodels on or after January 1, 1996)

CHEMICALS/PESTICIDES YES NO N/A
Properly labeled.

Stored away from food and utensils. Stored in separate enclosure if stored in food preparation area.

Pesticides specifically approved for use within food facilities.

Chemicals, pesticides, hazardous materials properly used. MSDS data available for employees.

JANITORIAL FACILITIES YES NO N/A
Area provided for storage of cleaning supplies and equipment which is separate from food preparation, food storage, utensil cleaning, and utensil storage areas.

Janitorial sink or basin provided with hot and cold water.

Backflow prevention device provided for sink.

Cleaning equipment (e.g. mops, buckets, brooms, etc.) kept away from food and utensils.

LIGHTING YES NO N/A
Minimum intensity of 20 foot-candles (ftc) in food preparation and utensil cleaning areas.

Minimum intensity of 10ftc elsewhere but intensity of at least 20 ftc available during cleaning operations.

Shatter-proof light covers in food preparation, food storage (except where food is in unopened, original containers), and utensil cleaning areas.

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24 2023-2024 San Mateo County Civil Grand Jury

VERMIN/INSECTS YES NO N/A
Facility free of rodents and insects.

Harborage and entrances eliminated. Droppings and dead insects cleaned up.

Facility kept fully enclosed. Entrances protected by tight-fitting, self-closing doors or air curtains. Openable windows protected by screens.

Pest control performed by licensed pest control operator.

GARBAGE/REFUSE DISPOSAL YES NO N/A
Facilities provided for garbage disposal and storage.

Containers are leak proof and rodent proof with tight-fitting lids.

Garbage placed in securely fastened plastic bags before placement in dumpster.

Garbage removed frequently.

WATER SUPPLY YES NO N/A
Water supply from an approved source.

Hot and cold water provided in adequate amounts.

EMPLOYEE HABITS YES NO N/A
Employees wash hands before beginning work, between working with raw food and ready-to- eat foods, after coughing or sneezing, after touching soiled equipment or utensils, after using restrooms, and after engaging in any other activity that contaminates the hands.

Employees wear clean garments or uniforms.

Employees do not use tobacco products where food is prepared, served, or stored, or where utensils are cleaned or stored.

Employees do not work if ill.

Employees have been instructed in safe food handling practices.

Employees routinely check temperatures of potentially hazardous foods during storage, preparation and serving, and check utensil cleaning chemical levels, water temperatures, and water pressures.

EMPLOYEE CHANGE/STORAGE FACILITIES YES NO N/A
Area provided for employee changing which is separate from toilets, food storage, food preparation, utensil cleaning, and utensil storage areas.

PLUMBING YES NO N/A
All sewage and wastewater disposed of to an approved sewer or septic system.

Indirect waste drainage via a floor sink or funnel drain provided for all equipment that discharges wastes (e.g. prep sinks, utensil sinks, steam tables, salad bars, Chinese ranges, ice machines, ice storage bins, beverage machines, steam- jacketed kettles, display cases, refrigeration/freezer units, etc.)

Indirect waste receptacles readily accessible for cleaning and inspection, and not located inside cabinets.

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25 2023-2024 San Mateo County Civil Grand Jury

Floor drains absent from food storage areas.

Plumbing kept clean, fully operative, and in good repair.

Grease interceptors and septic tanks regularly cleaned out by licensed plumbers.

EQUIPMENT YES NO N/A
Equipment clean and in good repair.

Equipment easily cleanable and meets applicable NSF and the California Retail Food Code standards.

Unused equipment removed from premises.

Approved ventilation/exhaust equipment provided over cooking equipment and high temperature dish machines.

WALLS, FLOORS, CEILINGS YES NO N/A
Floors are smooth, durable, non-absorbent, and easily cleanable in areas where:
● food prepared, packaged, or stored;
● where utensils are cleaned or stored;
● where garbage is stored;
● where janitorial facilities are located;
● in toilet and hand washing facilities;
● in employee change and storage areas.

Floor material extends up the walls and toe kicks at least 4 inches with a minimum of 3/8 inch radius at the wall/floor and wall/toe-kick junctures in all areas mentioned above except where exempted (e.g. where foods are stored in their unopened original containers.

Walls and ceilings smooth must be durable, non-absorbent, and easily cleanable in all areas except where exempted (e.g. dining areas, closed food storage areas, and certain portions of bar areas).

Walls and ceiling finishes light colored in food preparation, utensil cleaning areas, and inside walk-in refrigeration units.

SIGNS YES NO N/A
Official Food Placard must be posted and clearly visible at the entrance of facility.

Valid health permit posted in a conspicuous location.

No Smoking signs posted in food preparation, food storage, utensil cleaning, and utensil storage areas.

YES NO N/A
Hand washing signs posted in toilet rooms.

If facility has sit-down dining, Choking First Aid poster placed where it is readily accessible to employees.

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26 2023-2024 San Mateo County Civil Grand Jury

ADDITIONAL INFORMATION YES NO N/A
Any construction, remodeling, alterations, and the installation of new equipment must be approved by the Health Department before commencing work.

Applicable building and fire codes are met.

Manager certification/ Food handler certifications are available on site.

Tobacco permit available if applicable

COMMENTS/OBSERVATIONS:

Release Date: July 9, 2024
2023-2024 San Mateo County Civil Grand Jury

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6.4 Attachment 3 - Grand Jury Letter

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6.4 Attachment 3 - Grand Jury Letter

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7 4
9 DATE: September 3, 2024

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

FROM: Priscilla Schaus, Communications Director/City Clerk Benjamin L. Stock, City Attorney
DEPARTMENT: Communications/City Clerk
SUBJECT: RESOLUTION DECLARING THE CITY OF FOSTER CITY’S

INTENT TO INITIATE PROCEDURES TO TRANSITION FROM

AT-LARGE ELECTIONS TO DISTRICT-BASED ELECTIONS
PURSUANT TO ELECTIONS CODE SECTION 10010;

APPROVING THE TENTATIVE TIMELINE AND OTHER

RELATED ACTIONS

RECOMMENDATION
It is recommended that Council adopt a resolution declaring the City’s intent to initiate procedures to consider transition from at-large elections to district-based elections pursuant to California Elections Code section 10010; approving the tentative timeline and other related actions.

EXECUTIVE SUMMARY
On August 19, 2024, the City Council discussed a letter received from a potential plaintiffs’ attorney, Shenkman & Hughes PC, on July 22, 2024, alleging a violation of the California Voting Rights Act (the “CVRA”)1 and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers. (See Attachment 2). While the Council strongly disagreed with the allegations in the letter, a majority of the Council gave direction to staff to proceed with agendizing the resolution of intent in order to take advantage of the safe harbor 1 Cal. Elec. Code §§ 14025-14032.

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9 provisions of Elections Code section 10010 and avoid costly litigation.

Staff has prepared the attached resolution of intent to transition to district-based elections, which will allow the City to take advantage of the safe harbor provisions of Elections Code section 10010 to prevent any litigation from proceeding while the City is transitioning to district-based elections.

BACKGROUND
The City of Foster City currently elects its Councilmembers at-large, which means that each Councilmember is elected by the registered voters of the entire City. The CVRA was enacted in 2001, in part, to provide minority groups in California with tools to prevent dilution of votes in “at-large” election systems and is more expansive than the Federal Voting Rights Act of 1965 (“FVRA”). An at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class. 2 A violation of the CVRA is established if it is shown that racially polarized voting occurs in elections for members of the governing body or in elections incorporating other electoral choices by the voters of the political subdivision. 3 Any voter who is a member of a protected class and who resides in a political subdivision where a violation of the CVRA is alleged may file an action in the superior court in which the political subdivision is located.4
The CVRA defines “protected class” as a class of voters who are members of a race, color, or language minority group, as referenced and defined in the FVRA5 and “racially polarized voting” as voting in which there is a difference, as defined in case law under the FVRA, in the choice of candidates or other electoral choices preferred by voters in a protected class, as compared to the rest of the electorate (i.e., the protected class members vote as a politically cohesive unit, while the majority votes sufficiently as a bloc usually to defeat the protected class’s preferred candidate).6 The CVRA does not require a plaintiff to prove intent on the part of the voters or elected officials to discriminate against a protected class nor does the fact that members of a protected class are not geographically compact or concentrated preclude a finding of racially polarized voting. 7 Instead, a violation of the CVRA may be established by showing that both racially polarized voting and dilution occur in elections for members of the governing body.8
2 Cal. Elec. Code §§ 14026 and 14027.
3 Cal. Elec. Code §14028(a); see also § 14027.
4 Cal. Elec. Code §14032.
5 Cal. Elec. Code §14026(d) citing 52 U.S.C. Sec. 10301 et seq. 6 Cal. Elec. Code §14026(e) citing 52 U.S.C. Sec. 10301 et seq; Thornburg v. Gingles (1986) 478 U.S. 30, 56.
7 Cal. Elec. Code §14028(c) and (d).
8 Cal. Elec. Code §§14026(e), 14028(a); Pico Neighborhood Ass’n v City of Santa Monica (2023) 15 C5th 292, 314.

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7 4
9 ANALYSIS
California Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an “at-large” system to a “district-based” system in which each councilmember is elected only by the voters in the district in which the candidate resides.

Pursuant to Elections Code section 10010, a city may rely on the “safe harbor” provisions that allows a city to adopt a resolution outlining its intention to transition from at-large to district-based elections within forty-five (45) days of receiving a demand letter from a potential plaintiffs’ attorney.9 These “safe harbor” provisions allow a city to transition in accordance with a statutory timeline and, if followed, insulate a city from litigation arising from alleged CVRA violations and caps attorneys’ fee liability to a maximum of $30,000.10
Under those “safe harbor” provisions, a prospective plaintiff is required to send a written notice to the clerk of a city asserting that the city’s method of conducting elections may violate the CVRA.11 A forty-five (45) day stay is then imposed on a prospective plaintiff’s ability to bring an action.12 That forty-five (45) day stay allows a city to adopt a resolution outlining its intention to transition from at-large to district-based elections.13 If a resolution of intention is adopted by a city council to move to district-based elections, a prospective plaintiff may not commence an action within ninety (90) days of the resolution of intention’s passage.14
Tentative Timeline for Transition
If the Council adopts the proposed resolution, the City will need to comply with the timelines set forth in Elections Code 10010, in order to transition to district-based elections and to take advantage of the statutory “safe harbor” provisions.

If the Council decides to proceed with transitioning to district-based elections, the City needs to hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts.15 No official maps can be drawn before completion of these two public meetings. Once the initial two meetings are complete, the demographer and public can begin to officially draw maps that will be considered in the districting process. The City would then hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft maps and the proposed sequence of 9 Cal. Elec. Code § 10010(e)(2).
10 Cal. Elec. Code § 10010(f)(1)-(3).
11 Cal. Elec. Code § 10010(e)(1).
12 Cal. Elec. Code § 10010(e)(2).
13 Cal. Elec. Code § 10010(e)(1)-(3).
14 Cal. Elec. Code § 10010(e)(1)-(3).
15 Cal. Elec. Code § 10010(a)(1).

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7 4
9 elections.16 Once a map is selected, it would need to be published at least seven days before consideration at a hearing for introduction of an ordinance to adopt the district map.17
The City will also need to comply with the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (Fair Maps) Act, 18 which provides criteria that the City must utilize when establishing election district boundaries or when undertaking the redistricting process (which must occur every ten years after each population census). This criteria includes, among other things, compliance with the United States Constitution, the California Constitution, and the FVRA. 19 The Fair Maps Act also prohibits the adoption of district boundaries for the purpose of favoring or discriminating against an incumbent, political candidate or political party.20 Staff has prepared a tentative timeline, which identifies the preliminary schedule for the required public hearings and public outreach, which complies with Elections Code 10010 (see Exhibit A to Attachment 1). This timeline may change depending on the level of community involvement and the complexity of the map drawing process. If the timeline needs to adjust beyond the 90 days, then the City may enter into a written agreement to extend the 90-day period up to an additional 90 days in order to provide additional time to conduct public outreach, encourage public participation, and receive public input.21
Outreach Efforts
City staff has taken initial steps to begin outreach to advise its residents of this meeting including posting on social media channels such as the City’s Facebook, Twitter, and Nextdoor pages. Social media posts sharing information regarding the City Council’s consideration of adopting a resolution of intent to transition from at-large to district- based elections began days after the August 19 meeting, and continued over the following weeks in advance of the September 3 meeting. Additional outreach regarding the matter was conducted via the City newsletter on August 22, and a listserv notification was sent notifying community members the matter would be on the September 3 City Council agenda. Printed outreach material notifying residents of the meeting was placed in City Hall as well at kiosks posted along the Levee. It was also posted on the marquee and posting boards at the Council Chambers, Recreation Center, and Library. Staff will also be creating a page on the City’s website dedicated to this transition, whereby information will be available.

Demographer
Based on the direction provided by Council on August 19, 2024, City staff has met with 16 Cal. Elec. Code § 10010(a)(2).
17 Ibid.
18 Cal. Elec. Code § 21100 et seq.
19 Cal. Elec. Code § 21130.
20 Cal. Elec. Code § 21130(d).
21 Cal. Elec. Code § 10010(e)(3)(C)(i).

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7 4
9 three demographer firms, and the City Manager is in the process of finalizing an agreement to retain the services of a demographer pursuant to his purchasing authority set forth in section 3.04.140(B)(1) of the Foster City Municipal Code. The demographer will attend the up to five public hearings and provide the City Council with analysis and recommendations of the maps that will be prepared during the transition process.

California Environmental Quality Act
This item does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code § 21000, et seq.) (CEQA) as the adoption of the resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378).

FISCAL IMPACT
If the City Council decides to transition to district-based elections there will be a fiscal impact due to the costs associated with that transition including the demographer costs, which are estimated to be less than $50,000 and payment of the plaintiffs’ attorney costs of $30,000. Alternatively, if the City Council decides not to transition to district-based elections, the City could incur significant costs relating to litigation.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:

Attachment 1 – Resolution
Exhibit A - Tentative Timeline
Attachment 2 - July 22, 2024, Letter from Shenkman & Hughes

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY DECLARING THE CITY OF FOSTER CITY’S INTENT TO INITIATE PROCEDURES TO

TRANSITION FROM AT-LARGE ELECTIONS TO DISTRICT-BASED ELECTIONS PURSUANT TO ELECTIONS CODE SECTION 10010; APPROVING THE TENTATIVE

TIMELINE AND OTHER RELATED ACTIONS

CITY OF FOSTER CITY
WHEREAS, members of the City Council are currently elected in “at-large” elections, in which each City Councilmember is elected by the registered voters of the entire City; and
WHEREAS, California Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an “at-large” system to a “district-based” system in which each councilmember is elected only by the voters in the district in which the candidate resides; and
WHEREAS, on July 22, 2024, the City of Foster City (“City”) received a certified letter from a potential plaintiffs’ attorney, alleging a violation of the California Voting Rights Act (the “CVRA”) and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers; and WHEREAS, the letter itself was not accompanied by any evidence to support the claim of a CVRA violation, and the Council denies that its election system violates the CVRA or any other provision of law, asserts that the City’s election system is legal in all respects, and further denies any wrongdoing whatsoever in connection with the manner in which City Council elections have been conducted; and WHEREAS, nevertheless, the City is committed to diversity and inclusion with respect to its elections and the Council has determined that the public interest is better served by initiating a process for transition to a district-based election system and thereby avoiding the high costs associated with defending a lawsuit under the CVRA; and WHEREAS, Elections Code Section 10010 provides a method whereby a jurisdiction can expeditiously transition to a district-based election system and thereby avoid the high cost of litigation under the CVRA if the jurisdiction complied with the “safe harbor” provisions of Elections Code Section 10010; and WHEREAS, California Elections Code Section 10010 will delay CVRA litigation and place a cap on the recovery of attorneys’ fees associated with a CVRA claim at a maximum of $30,000, if, within forty-five (45) days of receipt of a claim under the CVRA, the City adopts a resolution stating its intent to transition to district-based elections, and,

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181

within ninety (90) days thereafter (or as otherwise stipulated by the parties), the City adopts an ordinance transitioning to a district-based election system consistent with the intent and purpose of the California Voting Rights Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby make the following findings and determinations:

Section 1. The above recitals are true and correct and are incorporated by reference herein.

Section 2. The City Council hereby expresses its intent to consider transition from an at-large election system to a district-based election system as authorized by Government Code section 34886 and Elections Code section 10010 for use in the City’s General Municipal Election for City Councilmembers commencing in November 2026.

Section 3. The City Clerk is directed to publicize and post information regarding the proposed transition to a district-based election system, including relevant maps, notices, agendas and other information and to establish a means of communication to receive comments and answer questions from the public.

Section 4. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting public hearings to solicit and receive public input and testimony on proposed district-based electoral maps and district-based election systems, and for the City Council’s evaluation, possible refinement and ultimate adoption of a district-based election system for election of City Council members.

Section 5. The tentative timeline contained in Exhibit A may be adjusted by the City Manager as he deems necessary or appropriate, provided that such adjustments shall not prevent the City from complying with the time frames specified by Elections Code Section 10010, or such other timeframes as may be stipulated by claimants under the CVRA.

Section 6. The City Council directs the City Manager to continue to work with the City Attorney and the retained demographer, to resolve all legal issues necessary to give effect to this Resolution and to meet the tentative timelines set forth in Exhibit A.

Section 7. Nothing contained herein shall preclude the City Council from selecting an alternative election system or making any alternative decision, should the public input and testimony and other evidence at the hearings indicate that an alternative system or decision is appropriate for the City.

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182

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - Resolution

183

EXHIBIT A-TENTATIVE TIMELINE

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184

Tentative Timeline for Consideration and Implementation of District-Based Elections Date Event Code § Comment
July 22,
2024
City received certified
demand letter from
Shenkman & Hughes
EC§10010(e)(1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision (“City’) against which the action would be brought asserting that the City’s method of conducting elections may violate the California Voting Rights Act of 2001.

EC§ 10010(e)(2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the City’s receipt of the written notice described above (CVRA lawsuit cannot be commenced until September 5, 2024.)
9/3/24 Resolution is
considered at City
Council Meeting
EC§ 10010 (3)(A) Within 45 days of receipt of a notice, the City may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so (Resolution to be considered no later than September 5, 2024)
9/3/24 Resolution is adopted
at City Council
Meeting
EC§ 10010(e)(3)(B) If the City begins the process of switching to districts within 45 days and adopts a resolution to that effect a potential plaintiff cannot commence an action within 90 days of the resolution’s passage. (CVRA lawsuit cannot be commenced until December 3, 2024) TBD Conduct public
outreach, encourage
public participation,
and receive public
input
EC§ 10010(a)(1) Before public hearings, the City may conduct outreach to the public, including to non- English-speaking communities, to explain the districting process and to encourage public participation. I.e. farmers market, public library, public schools, places of worship, homeowners associations, and community organizations
10/7/24 1st Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) First and second public hearings must occur within a period of 30 days.

No maps for review, but take public comments on composition of districts and preference for district lines.
10/21/24 2nd Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) No maps for review, but take public comments on composition of districts and preference for district lines.
10/28/24 Publish for review
first drafts of district
election maps and
potential sequence of
elections
EC§ 10010(a)(2) After all draft maps are drawn, at least 7 days before the 3rd public hearing, the City shall publish and make available for release at least one draft map and, if city councilmembers will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections.

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185

11/4/24 3rd Public Hearing
(Regular Meeting)
EC§ 10010(a)(2) The City shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. 11/11/24 Post any new or
amended maps
EC§ 10010(a)(2) Maps available for review at least 7 days before consideration at the 4th public hearing. 11/18/24 4th Public Hearing
(Regular Meeting)
EC§ 10010(a)(2) Take public comments on proposed maps. If selected map is amended, ordinance cannot be introduced until 7 days after amended map is published Council may introduce ordinance if final map is selected at this public hearing 11/25/24 or
12/2/24

DEADLINE
12/2/24
(Special) 5th Public
Hearing
or
Regular Meeting
EC§ 10010(e)(3)(B) Council introduces ordinance establishing district elections, including district boundaries and election sequence if map is changed at 11/18/24 meeting.

Council adopts ordinance

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186

7.1 Attachment 2 - July 22, 2024, Letter from Shenkman & Hughes

187

7.1 Attachment 2 - July 22, 2024, Letter from Shenkman & Hughes

188

7.1 Attachment 2 - July 22, 2024, Letter from Shenkman & Hughes

189

6 9
2 DATE: September 3, 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
Tiffany Oren, Recreation Manager
Amy Zhou, Assistant Engineer
DEPARTMENT: Parks and Recreation Department
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO BHM
CONSTRUCTION, LLC. FOR THE CONSTRUCTION OF THE
RECREATION CENTER REBUILD PROJECT (CIP 301-678) FOR
THE BASE BID AMOUNT OF $40,647,000 AND BID

ALTERNATES SELECTED BY COUNCIL, AND AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACT; APPROVING A

CONTINGENCY OF TEN PERCENT OF THE TOTAL CONTRACT

AMOUNT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT CHANGE ORDERS UP TO THE
CONTINGENCY AMOUNT, IF NECESSARY; AND EXECUTION

OF A TASK ORDER FOR MATERIAL TESTING AND SPECIALTY
INSPECTIONS WITH APEX TESTING LABRORATORIES, INC.

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution:
1) The award of a construction contract with the authority given to the Mayor to execute an agreement with BHM Construction, LLC for the Base Lump Sum in the amount of $40,647,000; and
2) The award shall include the following Bid Alternates:
a) A1. Expanded Entry Canopy
b) A3. Fitness Room Operable Partition

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6 9
2 c) L1a. Playcraft Playground and Rubberized Safety Surface d) L2. Event Terrace Glass Wind Screen
e) E1. Photovoltaic Panel System (PV) without energy storage 3) The total construction contract with BHM Construction LLC shall be for a total contract amount of $43,583,000 for the construction of the Recreation Center Rebuild Project (CIP 301-678) and authorizing the Mayor to sign the contract in a form approved by the City Attorney; and
4) The establishment of a ten percent (10%) contingency of the total contract amount for BHM Construction, LLC in the amount of $4,358,300 with authorization given to the City Manager to execute contract change orders up to the contingency amount, if necessary; and
5) The Mayor to execute a task order with Apex Testing Laboratories, Inc. in the amount of $341,520 for the material testing and specialty inspections on the Recreation Center Rebuild Project (CIP 301-678); and
6)The establishment of a contingency for Apex Testing in the amount of $30,000 with authorization given to the City Manager to execute contract Amendments up to the contingency amount.

EXECUTIVE SUMMARY
Beginning in 2019, the Recreation Center Rebuild Project (Project) has been a priority project for the City with an anticipated budget of $55 million dollars. Group 4 Architecture, Research + Planning, Inc. (Group 4) was hired to design the building, and Griffin Structures was hired as the construction manager for the Project. The designs were brought to City Council on multiple occasions for direction and comments.

At the regular City Council meeting on February 20, 2024, the City Council authorized the issuance of a Request for Qualifications for a general contractor for the construction of the Project. This helped to streamline the bidding process by establishing a shortlist of general contractors who could bid on the Project. Five (5) contractors submitted their qualifications and four (4) were approved to be on the pre- qualification list. Three bids were received by the bid deadline on August 8, 2024. BHM Construction (BHM) was identified as the lowest bidder with a base lump sum bid of $40.65 million, meeting all requirements. Along with the base bid, bid alternate prices were provided by BHM for additional enhancements to the site, such as an expanded canopy entrance and solar panels. Staff is recommending five (5) alternates be awarded with the base bid to BHM but this is contingent upon City Council direction and approval.

Based on previous actions and the estimated cost of the Project, a budget of $64,992,328 was approved prior to the bid opening. Due to the favorable bids, the

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2 construction cost is below the engineer’s estimate and the overall project can be done within the existing budget. The lower bids allow for the City Council to award all the bid alternates, if desired, within budget.

The project currently has general inspection being performed by Griffin Structures, Inc., however, the construction will require material/special inspections. The City has a master agreement with Apex Testing Laboratories, Inc. (Apex). Staff recommends issuing a task order to Apex in the amount of $341,520 for material testing and inspection services to ensure proper materials are used and meet specifications.

The Recreation Center Rebuild Project is progressing on schedule and within budget, and is set to deliver a modern, sustainable facility that will enhance both recreation programming and revenue generation for the City. The Construction is anticipated to start in October 2024 if awarded and be completed in 20 months.

BACKGROUND
At the Special City Council Meeting on January 31, 2022, the City Council adopted Minute Order No. 1832, and directed staff to proceed with the “build-to-budget” option for the Recreation Center in an amount not-to-exceed $55 million; and proceed with utilizing $36 million from the Capital Asset Acquisition and Replacement Fund (CAARF) and $19 million from the General Fund Reserves.

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. The design phase began in January 2023 with the award of a construction management contract going to Griffin Structures on March 20, 2023.

At the regular City Council meeting on September 18, 2023, staff and Group 4 presented to City Council a full schematic design presentation which included an estimate of probable construction costs and a list of bid alternatives with cost information for City Council’s consideration. The City Council approved the schematic design and Project budget estimate, as well as provided direction on additional enhancements to be included in the Project.

At the regular City Council meeting on December 18, 2023, staff and Group 4 presented to City Council a full design development presentation which incorporated and reflected the design refinements directed by Council at the meeting on September 18, 2023. The Design Development Project Update was received and accepted unanimously by Minute Order No. 1953 which allowed staff to begin the construction document phase of the design.

At the regular City Council meeting on January 16, 2024, the City Council received a Project budget update from staff along with various proposals to address the Project budget shortfall between the approved budget of $55,374,250 and the design team’s

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2 estimate of $65,943,000, a difference of $10,568,750. To address the shortfall, the City Council directed several actions including:
•Eliminating the Bocce Court Expansion from the Project scope and budget reducing the budget by $1,009,000 while still maintaining the design as a bid alternate if the bids come in lower than anticipated;
•Authorizing the release of $5,000,000 from the remaining Levee project funds and appropriate it to the Project;
•Appropriating grant funds from Gilead Foundation in the amount of $500,000 toward the Project;
•Appropriating anticipated park impact fees from the new Gilead building at 331 Lakeside Drive in the amount of $594,000 to the Project: and •Eliminating or delaying some park CIP projects through reprioritization.

Following the budget update on January 16, 2024, the project moved into the construction documents phase which would last approximately 8 months during which staff and the design team collaborated with other city departments and consultants to finalize room layouts, select fixtures, and address audio-visual, telecommunication, and security needs. An Interiors Committee provided recommendations for the building's color palette, wayfinding signage, lighting, and floor and ceiling materials and finishes. For the exterior site plan, the project team worked with landscape designers and engineers to finalize the rose garden and events plaza, as well as the selection of plantings and monumental signage.

At the regular City Council meeting on February 20, 2024, the City Council authorized the issuance of a Request for Qualifications for a general contractor for the construction of the Project. Five contractors submitted their qualification packages and staff approved four of the five contractors for future bidding following a scoring process.

At the regular City Council meeting on April 1, 2024, the City Council approved an additional appropriation to the Project budget in the amount of $58,323 with West Coast Code Consultants (WC3) for plan check services for the Project. This increased the Project budget to $55,432,578.

On June 3, 2024, the City Council adopted Resolution No. 2024-60 approving the plans and specifications for CIP 301-678 and authorizing the call for bids. It was noted before the call for bids that the engineer’s estimate was over the existing budget, and it was likely going to require additional funding. Bid alternates were also being bid which could increase the cost if selected.

During the bidding phase, five (5) addendums were issued to address comments from general contractors and the City’s building department. These addendums addressed the various requests for information (RFIs) and provided the necessary detail for general contractors to provide the most accurate estimate and informed bidding which helps to avoid speculation which may lead to higher bids.

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2 On August 15, 2024, Group 4 submitted a conformed plan set which matches the five (5) addendums for receiving the building permit. On August 28, 2024, the construction plan set for the proposed Recreation Center (excluding deferred items and separate permits) was approved by the required City Departments, including Building, Planning, Engineering, San Mateo Consolidated Fire Department, and Parks and Recreation.

Upon City Council’s approval of the bid, the Building Division will issue the permit to the selected contractor.

ANALYSIS
On August 8, 2024, three (3) bids were received from the four pre-approved general contractors. The bids include both the base bid lump sum and optional bid alternates.

All bids received for construction were below the engineer’s estimate of $48.3 million which reflects the current bid market. Construction market conditions in the Bay Area have shifted in the recent months making it a favorable environment for bidding of civic projects due to the declining factors in the private sector which have stopped or delayed the funding and construction of many projects.

In addition, the labor and material availability for projects has also increased and provided a favorable interest and competition of multiple subcontractors bidding on the available civic projects which result in higher competitive pricing amongst sub- contractors. The bids are as follows:

SWINERTON
S J

AMOROSO
BHM

CONSTRUCTION
BASE LUMP SUM $42,000,000 $43,547,000 $40,647,000

BID ALTERNATES
A1 Expanded Entry Canopy $2,900,000 $850,000 $773,000
A3
Fitness Room Operable
Partition $150,000 $110,000 $176,000
L1
Playground with Play
Equipment
(Option 1- Columbia Cascade
Company) & Rubberized
Safety Surfacing
$900,000 $330,000 $277,000
L1a
Playground with Play
Equipment
(Option 2- Playcraft &
Rubberized Safety Surfacing
$1,300,000 $690,000 $513,000
L2
Event Terrace Glass Wind
Screen $750,000 $300,000 $256,000
L3 Bocce Courts $1,500,000 $840,000 $1,043,000
E1
Photovoltaic Panel System
(without Energy Storage) $1,500,000 $1,200,000 $1,218,000

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2 E2
Photovoltaic Panel System
(with Energy Storage) $2,500,000 $2,200,000 $2,250,000
The following is a breakdown of the bid alternates:
•A1. Expanded Entry Canopy – This alternative will provide an enhanced entry canopy, which will help provide shelter closer to the parking lot and add interest to the building with a prominent “sail shaped” entrance. The current Recreation Center utilizes an expanded entry canopy to provide shelter for those who may not be as mobile due to age or special needs.
•A3. Fitness Room Operable Partition – This alternative will provide a partition to the fitness room, which would allow for multiple classes to occur at the same time and provide enhanced revenue potential.
•L1. Columbia Cascade Playground with Equipment and Rubberized Safety Surface – This alternative will provide a playground area and play structure to the project.
•L1a. Playcraft Playground with Equipment and Rubberized Safety Surface - This alternative is similar to L1 but will provide a playground area and enhanced play structure to the project. Both options provide for a highly sought after amenity by park users which does not currently exist in one of the City’s largest and most used parks. The enhanced design provides for greater play and interest for youth of all ages and a complementary amenity for the youth programs operating out of the Recreation Center.
•L2. Event Terrace Glass Wind Screen – This alternative will provide additional wind protection to the event terrace. The installation of this 5’ high glass wind screen along the south and west side of the events terrace will increase the usability of the outdoor space.
•L3. Bocce Courts – This alternative will both renovate the existing bocce courts, while expanding the area with two additional bocce courts. Additional landscaping is also included in the adjacent areas.
•E1. Photovoltaic Panel System (without energy storage) – This alternative will provide solar power to the building. The City is expected to receive a non- competitive grant from Peninsula Clean Energy (PCE) in the amount of $551,232 which can be used to offset the cost of the PV system and/or used for other sustainability features. The addition of a PV system will also enable the City to receive more points toward LEED certification possibly resulting in an increase from Silver to Gold certification. More importantly, the building will be a net-zero carbon facility, a remarkable achievement and huge step in promoting the City’s Climate Action Plan goals.
•E2. Photovoltaic Panel System (with energy storage) – This alternative will provide solar power to the building with the addition of energy storage. The

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2 energy storage will allow the Recreation Center to utilize the solar power when there is less sun and avoid using the grid during peak pricing periods.

The lowest bidder BHM Construction, LLC has met all the bid requirements, and their contractor license is current and active according to the Contractors State License Board (CSLB). BHM Construction has been in business since 2007 with over 253 completed projects in the Bay Area with a combined total of $1.7 Billion dollars. Their projects are comprised of civic centers, community centers, libraries, athletic facilities, K-12 schools and multi-family housing projects.

The City’s construction manager Griffin Structures has managed two projects where BHM was the general contractor: the City of Half Moon Bay Library, and the City of Burlingame Community Center which was also designed by Group 4.

Based on the bids that were submitted, staff is recommending the approval of the base bid plus the following bid alternates (totaling $2,936,000):
•A1. Expanded Entry Canopy - $773,000
•A3. Fitness Room Operable Partition - $176,000
•L1a. Playcraft Playground and Rubberized Safety Surface – $513,000 •L2. Event Terrace Glass Wind Screen - $256,000
•E1. Photovoltaic Panel System (PV) without energy storage - $1,218,000 Ultimately, the City Council has the option to select none, all or any combinations of bid alternates they desire. Based on the direction from City Council, the resolution will be modified to include the desired alternates from City Council which will alter the total construction contract cost and contingency amount. For reference, Attachment 5 shows the pricing of different alternate combinations ranging from the least expensive to the most expensive.

The scope of work includes demolishing the existing Recreation Center and rebuilding a new Recreation Center in its place at Leo J. Ryan Park. The new facility will serve as the community’s hub optimized for environmental sustainability and energy savings, expanded recreation programming and rentals, and enhanced user experience at community events and festivals which are dear to the residents and community partners of Foster City. The approved plans and specifications are available for viewing at City Hall upon request.

The new Recreation Center will result in enhanced revenues for the City which will help reduce the impact to the City’s General Fund over the long term. In addition, major site, utility, structural, and landscape improvements are planned for the property which will complement the iconic facility and provide for further gathering opportunities and community vibrancy. City staff and the City’s Construction Manager Griffin Structures will oversee the construction of the Recreation Center.

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2 While the project currently has general inspection being performed by Griffin Structures, the construction will require material/special inspections. The City has a master agreement with Apex Testing Laboratories, Inc. (Apex) and is recommending issuing a task order to Apex for $341,520 and including a $30,000 contingency. This task order will allow Apex to provide any material testing to ensure proper materials are used and meeting specifications for construction.

The anticipated project schedule is as follows:

September 2024
•Construct Temporary Modular Buildings
•Relocate Cathodic Protection
•Process Construction Agreement
•Work with PG&E to disconnect existing Recreation Center from power •PG&E to construct temporary power
October 2024
•Start construction (anticipated to be 20 months)
CEQA
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.

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 prepared an Addendum to the adopted Mitigated Negative Declaration for the temporary Modular Buildings portion of the work.

FISCAL IMPACT
The following is an overview of current Project funding sources as reflected on June 17, 2024; the City Council adopted City Resolution No. 2024-66 approving the Fiscal Year 2024-2025 City Budget. This adoption added $9,092,750 to the Recreation Center Rebuild Project Budget.

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2 Description
Funding
Source
Prior Year
Funding FY 2024-25 FY 2025-26 Total
Recreation Center
Rebuild Project $ 55,432,578 $55,432,578
City CIP Fund City CIP 324,250 324,250
Gilead Grant City CIP 500,000 500,000
CIP 657 Levee
Project City CIP 5,000,000 5,000,000
CIP 655 Bocce
Courts
Park in
Lieu 745,000 745,000
CIP 655 Bocce
Courts City CIP 83,000 83,000
Park Facility
Impact Fees PIF 594,000 467,000 1,061,000 Building
Maintenance
Fund BMF 1,846,500 $ 1,846,500

$ 55,432,578 $9,092,750 $ 467,000 $64,992,328
The current approved budget will cover the base bid and all alternates if desired with a 10 percent construction contingency, a contingency percentage that has been reflected in the budget throughout all phases of the Project.

With the current approved Project budget of $64,992,328 and total anticipated Project cost of $56,408,000 which includes the construction base bid, design and construction management, the City has $8,584,328 available to utilize towards alternates and their contingencies.

Not reflected in the current funding above is a grant from PCE in the amount of $551,232, which can be used to offset the cost of the PV system and/or used for other sustainability features. In the meantime, staff will continue to seek other grants and sources of funding that can be used for the Project.

Staff is also proposing to conduct a fundraising campaign to help offset the cost of furniture, fixtures and equipment (FF&E) for the new Recreation Center which has been done with other City facilities such as the Foster City Library and with similar projects in other cities. This could include a sponsor wall or the ability to sponsor specific rooms of the Recreation Center.

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

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2 ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Construction Agreement
Attachment 3 – BHM Construction LLC Bid Submittal
Attachment 4 – Statement of Probable Cost
Attachment 5 – Bid Alternate Combination Breakdown
Attachment 6 – Task Order ATL-2024-1

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RESOLUTION NO.____________

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

AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO BHM

CONSTRUCTION LLC FOR THE CONSTRUCTION OF THE RECREATION CENTER REBUILD PROJECT (CIP 301-678) FOR THE BASE BID AMOUNT OF $40,647,000

AND BID ALTERNATES SELECTED BY COUNCIL, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING A CONTINGENCY OF TEN PERCENT

OF THE TOTAL CONTRACT AMOUNT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT CHANGE ORDERS UP TO THE CONTINGENCY AMOUNT, IF NECESSARY; AND EXECUTION OF A TASK ORDER WITH APEX TESTING LABORATORIES, INC. FOR MATERIAL TESTING SERVICES AND SPECIALTY INSPECTION SERVICES (CEQA STATUS: ADOPTED MITIGATED

NEGATIVE DECLARATION FOR THE RECREATION CENTER REBUILD PROJECT)

CITY OF FOSTER CITY
WHEREAS, at the meeting on June 3, 2024, the City Council adopted Resolution No. 2024-60 approving the plans and specifications, and authorizing the Call for Bids for the Recreation Center Rebuild Project (CIP301-678) to four prequalified general contractors; and
WHEREAS, out of three (3) bids received and publicly opened on August 8, 2024, it was determined that BHM Construction LLC submitted the lowest responsible and responsive base bid in the amount of $40,647,000; and
WHEREAS, at the meeting on September 3, 2024, the City Council authorized the award of the base bid plus alternates _ (to be filled based on council direction) ___ for a total construction contract amount of (to be filled based on council direction); and WHEREAS, a project contingency in the amount of $_ (to be filled based on council direction) ___ will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; 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

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section 21166 and CEQA Guidelines section 15164(b), the City prepared an Addendum to the adopted Mitigated Negative Declaration for the temporary Modular Buildings portion of the work; and
WHEREAS, this construction work for the Recreation Center Rebuild Project was contemplated as part of the IS/MND and therefore no subsequent Negative Declaration or Addendum pursuant to CEQA Guidelines sections 15162 and 15164 is necessary; and WHEREAS, total funding in the amount of $64,992,328 is approved in the budget for the complete project of CIP 301-678; and
WHEREAS, construction is estimated to begin in October 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby find that the foregoing recitals are true and correct.

BE IT FURTHER RESOLVED, that the Council does hereby approve:

1. The award of a construction contract to BHM Construction, LLC for the Base Lump Sum amount of $40,647,000.

2. The award shall include the following Bid Alternates:
a.
b.
c.
d.
e.
f.

3. The total construction contract with BHM Construction LLC shall be for a Total Contract Amount of $ (Base Lump sum plus Bid Alternates) for the construction of the Recreation Center Rebuild Project (CIP 301-678) and authorizing the Mayor to sign the contract in a form approved by the City Attorney; and

4. The establishment of a ten percent (10%) contingency of the Total Contract Amount ($To be filled based on council direction) with authorization given to the City Manager to execute contract change orders up to the contingency amount, if necessary; and

5. The Mayor to execute Task Order ATL-2024-01 with Apex Testing Laboratories, Inc. in the amount of $341,520 for materials testing services, and specialty inspection services for CIP 301-678; and

6. The establishment of a contingency for Apex Testing in the amount of $30,000 with authorization given to the City Manager to execute contract Amendments up to the contingency amount.

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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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Agreement 00 5200- 1RECREATION CENTER REBUILD PROJECT
DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this 3 rd day of September, 2024, by and between BHM Construction LLC whose place of business is located at 221 Gateway Road West, Suite 405, Napa, CA. 94558 (Contractor), and CITY OF FOSTER CITY, a political subdivision of the State of California (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. [Insert Number] adopted on the 3rd day of September 2024 awarded to Contractor the following Contract:

RECREATION CENTER REBUILD PROJECT
at 650 Shell Blvd., Foster City, CA, 94404
PROJECT NUMBER CIP301-678
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 SCOPE OF WORK OF THE CONTRACT

1.01 Work of the Contract
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum (Contract Sum) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

B. The Contract Sum includes all allowances (if any).

C. The Contract Sum is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and" vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited' to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

COMMENCEMENT AND COMPLETION OF WORK

1.03 Commencement of Work
A. Contractor shall commence Work on the date established in the Notice to Proceed (Commencement Date).

B. Owner reserves the right to modify or alter the Commencement Date.

1.04 Completion of Work

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Agreement 00 5200- 2RECREATION CENTER REBUILD PROJECT
A. Contractor shall achieve Substantial Completion of the entire Work within 580 Calendar Days from the Commencement Date.

B. Contractor shall achieve Final Completion of the entire Work within 600 Calendar Days from the Commencement Date.

ARTICLE 2 PROJECT REPRESENTATIVES

2.01 Owner’s Project Manager
A. Owner has designated Derek Schweigart as its Project Manager to act as Owner’s Representative in all matters relating to the Contract Documents. If Project Manager is an employee of Owner, Project Manager is the beneficiary of all Contractor obligations to Owner including, without limitation, all releases and indemnities.

B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

2.02 Contractor’s Project Manager and Other Key Personnel A. Contractor has designated [________] as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents.

B. Contractor has designated the following other Key Personnel for the Project:

Name Position
ARTICLE 3 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

3.01 Liquidated Damage Amounts
A. As liquidated damages for delay Contractor shall pay Owner one thousand dollars ($1000.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Nine Hundred and Fifty dollars ($1000.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 4 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY PERSONNEL

4.01 Liquidated Damage Amounts
A. See Document 00 7200 (General Conditions) Paragraph 11.07.D for liquidated damages provisions pertaining to Key Personnel.

ARTICLE 5 CONTRACT DOCUMENTS

5.01Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:

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Agreement 00 5200- 3RECREATION CENTER REBUILD PROJECT
Document 00 5100 Notice of Award
Document 00 5200 Agreement
Document 00 5500 Notice to Proceed
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 7301 Supplemental General Conditions
Document 00 7316 Supplemental Conditions – Insurance and Indemnification
Document 00 7320 COVID Requirements
Document 00 7380 Apprenticeship Program and Skilled and Trained Workforce Requirements
Document 00 9113 Addenda
Drawings, Table, Schedules, and Technical Specifications listed in Document 00 0115 (if any)

5.02There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions).

ARTICLE 6 MISCELLANEOUS

6.01Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.

6.02Contractor and Owner understand and agree that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise. Contractor and Owner further understand and agree that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

6.03Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

6.04In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

6.05This Project is subject to the skilled and trained workforce requirements of Public Contract Code Sections 2600 et seq. Contractor shall comply with all such requirements.

6.06Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the Owner’s Public Works Department, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to

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Agreement 00 5200- 4RECREATION CENTER REBUILD PROJECT
Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to Contractor’s employees.

Contractor represents that it is aware of the provisions of Labor Code Section 3700 that 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 Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

6.07This Agreement and the Contract Documents shall be deemed to have been entered into in the City of Foster City, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of San Mateo, California.

IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.

CITY OF FOSTER CITY:

By: ______________________________
Mayor
CONTRACTOR:

Name: ______________________________
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
ATTEST:

By: ______________________________
City Clerk
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
APPROVED AS TO CONTENT:

By: ____________________________
[_______________]
1099 INFORMATION:

Contractor Taxpayer I.D. No.: ________________
APPROVED AS TO FORM:

By: ____________________________
City Attorney
[CITY TO CONFIRM PROPER SIGNATORIES]
APPROVED AS TO ADMINISTRATION:

By: ____________________________
City Manager

END OF DOCUMENT

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7.2 Attachment 3 - BHM Construction LLC Bid Submittal

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Foster City Recreation Center
Statement of Probable Cost
Unit Extension Unit Extension Unit Extension Unit Extension Unit Extension 1 CONCEPT DESIGN - PUBLIC OUTREACH 242,172 242,172 242,172 242,172 242,172

1.1 Burks Toma Architects 242,172 242,172 242,172 242,172 242,172

1.2 Reimbursable Expenses Incl Incl Incl Incl Incl
2 ARCHITECTURE & ENGINEERING 5,958,207 5,958,207 5,958,207 5,958,207 5,958,207

2.1 Group 4 Architecture Base Contract 5,483,957 5,483,957 5,483,957 5,483,957 5,483,957

2.2 Amendment 01 74,250 74,250 74,250 74,250 74,250

2.3 - Incl Incl Incl Incl Incl

2.4 Group 4 Contingency 400,000 400,000 400,000 400,000 400,000 3 SURVEYS 00 0 0 0

3.1 Geotechnical Investigation (Buildings, Parking Areas) Incl Incl Incl Incl Incl

3.2 Civil Topographic Surve
y Incl Incl Incl Incl Incl

3.3 Building Hazmat Survey Incl Incl Incl Incl Incl
4 ENVIRONMENTAL 70,000 70,000 70,000 70,000 70,000

4.1 Phase 1: ESA Incl Incl Incl Incl Incl

4.2 Phase 2: Report Incl Incl Incl Incl Incl

4.3 Hazmat Abatement 50,000 50,000 50,000 50,000 50,000

4.4 Hazmat Observation 20,000 20,000 20,000 20,000 20,000

4.5 Avian Surveys 0 0 0 0 0

4.6 Paleontological Observations 0 0 0 0 0

4.7 Historical / Cultural Observations 0 0 0 0 0
5 SPECIAL INSPECTION AND TESTING 835,941 835,941 841,520 841,520 871,520

5.1 Materials Testing (Deputy Inspections) 1.50% 341,520 1.50% 341,520 1.50% 341,520 1.50% 341,520 1.50% 341,520 Material Testing Contingency 30,000

5.2 Geotechnical Testing (Deputy Inspections) 0.20% 90,000 0.20% 90,000 0.20% 90,000 0.20% 90,000 0.20% 90,000 Contingency 230,000 230,000 230,000 230,000 230,000

5.3 Waterproofing Peer Review and Inspections 80,000 80,000 80,000 80,000 80,000

5.4 Allowance for Underground Utilities / Pot-Holing Investigations 80,000 80,000 80,000 80,000 80,000

5.5 Title 24 - CalGreen Commissioning 20,000 20,000 20,000 20,000 20,000 6 DIRECT CONSTRUCTION COSTS WITH RECOMMENDED
ALTERNATES A1, A3, L1a, L2, E1 54,396,075 54,396,075 52,823,091 53,067,212 47,941,300

6.1 Building (with recommended alternates A1, A3, L1a, L2, E1) 34,678,000 34,678,000 36,480,000 36,480,000 43,583,000

6.2 Site Work 9,544,000 9,544,000 8,960,000 9,170,000

6.3 09-18-2023 Council Direction
L1: Expanded Preschool Patio & Playground incl in base incl in base bid alternate incl. in base incl. in base L3b: Bocce Court incl in base bid alternate bid alternate bid alternate see below A2: Café incl. in b ase incl. in b ase incl. in b ase incl. in base incl. in base AE1: Entry Façade Enhancements incl. in base incl. in base incl. in base incl. in base incl. in base

BID ALTERNATES
A1 Expanded Entry canopy bid alternate bid alternate 773,000 A2 Fence Screen Upgrade + Site Totem bid alternate bid alternate incl in base incl. in base incl. in base A3 Fitness Room Operable Partition bid alternate bid alternate 176,000 L1 Playground _ Rubberized Safety Surfacing bid alternate bid alternate Bid Alternate 277,000 L1a Playground _ Rubberized Safety Surfacing 513,000
L2 Events Terrace Glass Wind Screen bid alternate bid alternate 256,000 L3 Bocce Court incl. in base incl. in base Bid Alternate Bid Alternate 1,043,000 E1 Photovoltaic Panel System without Energy Storage bid alternate bid alternate 1,218,000 E2 Photovoltaic Panel System WITH Energy Storage bid alternate bid alternate 2,250,000

6.4 Escalation 12.5% 5,256,250 12.5% 5,256,250 5.7% 2,580,992 5.7% 2,592,920 0.0% 0

6.5 Construction Contingency 10.0% 4,917,825 10.0% 4,917,825 10.0% 4,802,099 10.0% 4,824,292 10.0% 4,358,300 7 TEMPORARY FACILITIES - SERVICES - RELOCATION 562,000 562,000 492,416 492,416 492,416

7.1 Recreation Program Relocation 0 0 0 0 0
Mobile Modular 363,416 363,416 363,416 363,416 363,416
Power Plus 34,000 34,000 34,000 34,000 34,000
Temp Water & Sewer - MK Pipeline 60,000 60,000 60,000 60,000 60,000 Demo and Restore Existing Conditins/Surfaces, etc 35,000 35,000 35,000 35,000 35,000 8 FIXTURES, FURNISHINGS, & EQUIPMENT (FF&E) 1,190,000 1,190,000 1,190,000 1,190,000 1,190,000

8.1 Office Furniture $30 90,000 $30 90,000 $30 90,000 $30 90,000 $30 90,000

8.2 Kitchen Equipment - 0 - 0 - 0 - 0 - 0

8.3 Public Furniture $25 850,000 $25 850,000 $25 850,000 $25 850,000 $25 850,000

8.4 Site Furnishings $1 250,000 $1 250,000 $1 250,000 $1 250,000 $1 250,000 9 ELECTRONIC SYSTEMS AND SPECIAL EQUIPMENT 115,000 115,000 115,000 115,000 115,000

9.1 Computers, Phones, Servers, Scanners, Fax Machines, Copiers $3,000 60,000 $3,000 60,000 $3,000 60,000 $3,000 60,000 $3,000 60,000

9.2 Servers and Computer Equipment 50,000 50,000 50,000 50,000 50,000

9.3 Access Control and Security Incl Incl Incl Incl Incl

9.4 Audio Visual Systems $1,000 5,000 $1,000 5,000 $1,000 5,000 $1,000 5,000 $1,000 5,000 10 CONSTRUCTION MANAGEMENT 2,173,500 2,173,500 2,173,500 2,173,500 2,173,500

10.1 Griffin Structures 1,890,000 1,890,000 1,890,000 1,890,000 1,890,000

10.2 Griffin Contingency 283,500 283,500 283,500 283,500 283,500 11 UTILITY COMPANY CONNECTION SERVICES AND FEES 135,000 135,000 135,000 135,000 235,000

11.1 PG&E 100,000 100,000 100,000 100,000 100,000

11.2 Water 00 0 0 0

11.3 Sewer 00 0 0 0

11.4 Gas 10,000 10,000 10,000 10,000 10,000

11.5 Phone/Data/Cable Service 25,000 25,000 25,000 25,000 25,000

11.6 Fees Paid to Other Agencies (miscellanous contingency) 100,000 12 CITY FEES AND ADMINISTRATION 102,814 102,814 161,142 161,142 161,142

12.1 Plan Check, Permit Fees, and Building Inspections 0 0 58,328 58,328 58,328

12.2 Transportation Corridor Agencies (TCA) Fees 0 0 0 0 0

12.3 School Fee 00 0 0 0

12.4 City Staffing Costs 0 0 0 0 0

12.5 City Attorney Costs 100,000 100,000 100,000 100,000 100,000

12.6 Communications / Outreach Expenses 0 0 0 0 0

12.7 Foster City CEQA NOD & Processing Fee 2,814 2,814 2,814 2,814 2,814 13 CONTINGENCY 162,646 162,646 162,363 162,363 168,863

13.1 Direct Cost (Construction) Contingency - See Row 6.5 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0

13.2 City Contingency for Unforeseen Conditions - soft costs 5.0% 162,646 5.0% 162,646 5.0% 162,363 5.0% 162,363 5.0% 168,863 14 Cathodic Protection 18,350
TOTAL PROJECT COSTS WITHOUT ALTERNATES $65,943,000 $64,934,000 $64,364,000 $64,609,000 $59,637,000

UPDATED BUDGET - NOV
2023
(ADJ BUDGET per 9/18
City Council Adds)

UPDATED BUDGET - NOV
2023
(ADJ BUDGET per 9/18
City Council Adds)- Move
Bocce to Alt

UPDATED BUDGET
05/014/2024
(ADJ BUDGET per 9/18
City Council- Move Bocce
& Playground to Alt)

UPDATED BUDGET
05/014/2024
(ADJ BUDGET per 9/18
City Council- Move Bocce
Alt)

UPDATED BUDGET
08/09/2024
(includes construction
winning bid)
No. COMPONENT
Griffin Structures 8/23/2024

7.2 Attachment 4 - Statement of Probable Cost

235

ALTERNATES DESCRIPTION COST OF ADD ALTS TOTAL COST CONTINGENCY TOTAL COST +

CONTINGENCY
Difference Between (Total Cost +
Contingency) and (Base Contract
+ Contingency Cost)
Base, A3 Base Lump Sum, Fitness Room Operable Partition 176,000.00$ 40,823,000.00$ 4,082,300.00 $ 44,905,300.00 $ 193,600.00 $ Base, L2 Base Lump Sum, Event Terrace Glass Wind Screen 256,000.00$ 40,903,000.00$ 4,090,300.00 $ 44,993,300.00 $ $ 281,600.00 Base, L1
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing $ 277,000.00 40,924,000.00$ 4,092,400.00 $ 45,016,400.00 $ 304,700.00 $ Base, A3, L2 Base Lump Sum, Fitness Room Operable Partition, Event Terrace Glass Wind Screen 432,000.00$ 41,079,000.00$ 4,107,900.00 $ 45,186,900.00 $ 475,200.00 $ Base, A3, L1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing $ 453,000.00 41,100,000.00$ 4,110,000.00 $ 45,210,000.00 $ 498,300.00 $ Base, L1a
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing $ 513,000.00 41,160,000.00$ 4,116,000.00 $ 45,276,000.00 $ 564,300.00 $ Base, L1, L2
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen $ 533,000.00 41,180,000.00$ 4,118,000.00 $ 45,298,000.00 $ 586,300.00 $ Base, A3, L1a
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing $ 689,000.00 41,336,000.00$ 4,133,600.00 $ 45,469,600.00 $ 757,900.00 $ Base, A3, L1, L2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen $ 709,000.00 41,356,000.00$ 4,135,600.00 $ 45,491,600.00 $ 779,900.00 $ Base, L1a, L2
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen $ 769,000.00 41,416,000.00$ 4,141,600.00 $ 45,557,600.00 $ 845,900.00 $ Base, A1 Base Lump Sum, Expanded Entry Canopy 773,000.00$ 41,420,000.00$ 4,142,000.00 $ 45,562,000.00 $ 850,300.00 $ Base, A3, L1a, L2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen $ 945,000.00 41,592,000.00$ 4,159,200.00 $ 45,751,200.00 $ 1,039,500.00 $
Base, A1, A3 Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition 949,000.00$ 41,596,000.00$ 4,159,600.00 $ 45,755,600.00 $ 1,043,900.00 $ Base, A1, L2 Base Lump Sum, Expanded Entry Canopy, Event Terrace Glass Wind Screen 1,029,000.00$ 41,676,000.00 $ 4,167,600.00 $ 45,843,600.00 $ 1,131,900.00 $ Base, L3 Base Lump Sum, Bocce Courts 1,043,000.00$ 41,690,000.00 $ 4,169,000.00 $ 45,859,000.00 $ 1,147,300.00 $ Base, A1, L1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing $ 1,050,000.00 41,697,000.00$ 4,169,700.00 $ 45,866,700.00 $ 1,155,000.00 $ Base, A1, A3, L2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Event Terrace Glass Wind Screen 1,205,000.00$ 41,852,000.00 $ 4,185,200.00 $ 46,037,200.00 $ 1,325,500.00 $ Base, E1 Base Lump Sum, Photovoltaic Panel System (witho ut Energy Storage) $ 1,218,000.00 41,865,000.00$ 4,186,500.00 $ 46,051,500.00 $ 1,339,800.00 $ Base, A3, L3 Base Lump Sum, Fitness R oom Operable Partition, Bocce Courts 1,219,000.00$ 41,866,000.00 $ 4,186,600.00 $ 46,052,600.00 $ 1,340,900.00 $ Base, A1, A3, L1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing $ 1,226,000.00 41,873,000.00$ 4,187,300.00 $ 46,060,300.00 $ 1,348,600.00 $ Base, A1, L1a
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing $ 1,286,000.00 41,933,000.00$ 4,193,300.00 $ 46,126,300.00 $ 1,414,600.00 $ Base, L2, L3 Base Lump Sum, Event Terrace Glass Wind Screen, Bocce Courts 1,299,000.00$ 41,946,000.00 $ 4,194,600.00 $ 46,140,600.00 $ 1,428,900.00 $ Base, A1, L1, L2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen $ 1,306,000.00 41,953,000.00$ 4,195,300.00 $ 46,148,300.00 $ 1,436,600.00 $ Base, L1, L3
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts $ 1,320,000.00 41,967,000.00$ 4,196,700.00 $ 46,163,700.00 $ 1,452,000.00 $ Base, A3, E1
Base Lump Sum, Fitness Room Operable Partition, Photovoltaic Panel System (without Energy Storage) $ 1,394,000.00 42,041,000.00$ 4,204,100.00 $ 46,245,100.00 $ 1,533,400.00 $ Base, A1, A3, L1a
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing $ 1,462,000.00 42,109,000.00$ 4,210,900.00 $ 46,319,900.00 $ 1,608,200.00 $ Base, L2, E1
Base Lump Sum, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 1,474,000.00 42,121,000.00$ 4,212,100.00 $ 46,333,100.00 $ 1,621,400.00 $ Base, A3, L2, L3 Base Lump Sum, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Bocce Courts 1,475,000.00$ 42,122,000.00 $ 4,212,200.00 $ 46,334,200.00 $ 1,622,500.00 $ Base, A1, A3, L1, L2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen $ 1,482,000.00 42,129,000.00$ 4,212,900.00 $ 46,341,900.00 $ 1,630,200.00 $ Base, L1, E1
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Photovoltaic Panel System (without Energy Storage) $ 1,495,000.00 42,142,000.00$ 4,214,200.00 $ 46,356,200.00 $ 1,644,500.00 $ Base, A3, L1, L3
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts $ 1,496,000.00 42,143,000.00$ 4,214,300.00 $ 46,357,300.00 $ 1,645,600.00 $ Base, A1, L1a, L2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen $ 1,542,000.00 42,189,000.00$ 4,218,900.00 $ 46,407,900.00 $ 1,696,200.00 $ Base, L1a, L3
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts $ 1,556,000.00 42,203,000.00$ 4,220,300.00 $ 46,423,300.00 $ 1,711,600.00 $ Base, L1, L2, L3
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts $ 1,576,000.00 42,223,000.00$ 4,222,300.00 $ 46,445,300.00 $ 1,733,600.00 $ Base, A3, L2, E1
Base Lump Sum, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 1,650,000.00 42,297,000.00$ 4,229,700.00 $ 46,526,700.00 $ 1,815,000.00 $ Base, A3, L1, E1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Photovoltaic Panel System (without Energy Storage) $ 1,671,000.00 42,318,000.00$ 4,231,800.00 $ 46,549,800.00 $ 1,838,100.00 $ Base, A1, A3, L1a, L2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen $ 1,718,000.00 42,365,000.00$ 4,236,500.00 $ 46,601,500.00 $ 1,889,800.00 $ Base, L1a, E1
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Photovoltaic Panel System (without Energy Storage) $ 1,731,000.00 42,378,000.00$ 4,237,800.00 $ 46,615,800.00 $ 1,904,100.00 $ Base, A3, L1a, L3
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts $ 1,732,000.00 42,379,000.00$ 4,237,900.00 $ 46,616,900.00 $ 1,905,200.00 $ Base, L1, L2, E1
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 1,751,000.00 42,398,000.00$ 4,239,800.00 $ 46,637,800.00 $ 1,926,100.00 $ Base, A3, L1, L2, L3
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts $ 1,752,000.00 42,399,000.00$ 4,239,900.00 $ 46,638,900.00 $ 1,927,200.00 $ Base, L1a, L2, L3
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts $ 1,812,000.00 42,459,000.00$ 4,245,900.00 $ 46,704,900.00 $ 1,993,200.00 $ Base, A1, L3 Base Lump Sum, Expanded Entry Canopy, Bocce Courts 1,816,000.00$ 42,463,000.00 $ 4,246,300.00 $ 46,709,300.00 $ 1,997,600.00 $ Base, A3, L1a, E1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Photovoltaic Panel System (without Energy Storage) $ 1,907,000.00 42,554,000.00$ 4,255,400.00 $ 46,809,400.00 $ 2,097,700.00 $ Base, A3, L1, L2, E1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 1,927,000.00 42,574,000.00$ 4,257,400.00 $ 46,831,400.00 $ 2,119,700.00 $ Base, L1a, L2, E1
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 1,987,000.00 42,634,000.00$ 4,263,400.00 $ 46,897,400.00 $ 2,185,700.00 $ Base, A3, L1a, L2, L3
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts $ 1,988,000.00 42,635,000.00$ 4,263,500.00 $ 46,898,500.00 $ 2,186,800.00 $ Base, A1, E1 Base Lump Sum, Expanded Entry Canopy, Photovoltaic Panel System (without Energy Storage) $ 1,991,000.0 0 42,638,000.00$ 4,263,800.00 $ 46,901,800.00 $ 2,190,100.00 $ Base, A1, A3, L3 Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Bocce Courts 1,992,000.00$ 42,639,000.00 $ 4,263,900.00 $ 46,902,900.00 $ 2,191,200.00 $ Base, A1, L2, L3 Base Lump Sum, Expanded Entry Canopy, Event Terrace Glass Wind Screen, Bocce Courts 2,072,000.00$ 42,719,000.00 $ 4,271,900.00 $ 46,990,900.00 $ 2,279,200.00 $ Base, A1, L1, L3
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts $ 2,093,000.00 42,740,000.00$ 4,274,000.00 $ 47,014,000.00 $ 2,302,300.00 $ Base, A3, L1a, L2, E1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 2,163,000.00 42,810,000.00$ 4,281,000.00 $ 47,091,000.00 $ 2,379,300.00 $ Base, A1, A3, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Photovoltaic Panel System (without Energy Storage) $ 2,167,000.00 42,814,000.00$ 4,281,400.00 $ 47,095,400.00 $ 2,383,700.00 $ Base, A1, L2, E1
Base Lump Sum, Expanded Entry Canopy, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 2,247,000.00 42,894,000.00$ 4,289,400.00 $ 47,183,400.00 $ 2,471,700.00 $ Bid Alternate Combination Breakdown

7.2 Attachment 5 - Bid Alternate Combination Breakdown

236

ALTERNATES DESCRIPTION COST OF ADD ALTS TOTAL COST CONTINGENCY TOTAL COST +

CONTINGENCY
Difference Between (Total Cost +
Contingency) and (Base Contract
+ Contingency Cost)
Base, A1, A3, L2, L3
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Bocce Courts 2,248,000.00$ 42,895,000.00 $ 4,289,500.00 $ 47,184,500.00 $ 2,472,800.00 $ Base, E2 Base Lump Sum, Photovoltaic Panel System (wit h Energy Storage) $ 2,250,000.00 42,897,000.00$ 4,289,700.00 $ 47,186,700.00 $ 2,475,000.00 $ Base, L3, E1 Base Lump Sum, Bocce Courts, Photovoltaic Panel Syst em (without Energy Storage) $ 2,261,000.00 42,908,000.00$ 4,290,800.00 $ 47,198,800.00 $ 2,487,100.00 $ Base, A1, L1, E1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Photovoltaic Panel System (without Energy Storage) $ 2,268,000.00 42,915,000.00$ 4,291,500.00 $ 47,206,500.00 $ 2,494,800.00 $ Base, A1, A3, L1, L3
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts $ 2,269,000.00 42,916,000.00$ 4,291,600.00 $ 47,207,600.00 $ 2,495,900.00 $ Base, A1, L1a, L3
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts $ 2,329,000.00 42,976,000.00$ 4,297,600.00 $ 47,273,600.00 $ 2,561,900.00 $ Base, A1, L1, L2, L3
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts $ 2,349,000.00 42,996,000.00$ 4,299,600.00 $ 47,295,600.00 $ 2,583,900.00 $ Base, A1, A3, L2, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 2,423,000.00 43,070,000.00$ 4,307,000.00 $ 47,377,000.00 $ 2,665,300.00 $ Base, A3, E2 Base Lump Sum, Fitness Room Operable Partition, Photovolta ic Panel System (with Energy Storage) $ 2,42 6,000.00 43,073,000.00$ 4,307,300.00 $ 47,380,300.00 $ 2,668,600.00 $ Base, A3, L3, E1
Base Lump Sum, Fitness Room Operable Partition, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,437,000.00 43,084,000.00$ 4,308,400.00 $ 47,392,400.00 $ 2,680,700.00 $ Base, A1, A3, L1, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Photovoltaic Panel System (without Energy Storage) $ 2,444,000.00 43,091,000.00$ 4,309,100.00 $ 47,400,100.00 $ 2,688,400.00 $ Base, A1, L1a, E1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Photovoltaic Panel System (without Energy Storage) $ 2,504,000.00 43,151,000.00$ 4,315,100.00 $ 47,466,100.00 $ 2,754,400.00 $ Base, A1, A3, L1a, L3
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts $ 2,505,000.00 43,152,000.00$ 4,315,200.00 $ 47,467,200.00 $ 2,755,500.00 $ Base, L2, E2 Base Lump Sum, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 2,506,000.00 43,153,000.00$ 4,315,300.00 $ 47,468,300.00 $ 2,756,600.00 $ Base, L2, L3, E1
Base Lump Sum, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,517,000.00 43,164,000.00$ 4,316,400.00 $ 47,480,400.00 $ 2,768,700.00 $ Base, A1, L1, L2, E1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 2,524,000.00 43,171,000.00$ 4,317,100.00 $ 47,488,100.00 $ 2,776,400.00 $ Base, A1, A3, L1, L2, L3
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts $ 2,525,000.00 43,172,000.00$ 4,317,200.00 $ 47,489,200.00 $ 2,777,500.00 $ Base, L1, E2
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Photovoltaic Panel System (with Energy Storage) $ 2,527,000.00 43,174,000.00$ 4,317,400.00 $ 47,491,400.00 $ 2,779,700.00 $ Base, L1, L3, E1
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,538,000.00 43,185,000.00$ 4,318,500.00 $ 47,503,500.00 $ 2,791,800.00 $ Base, A1, L1a, L2, L3
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts $ 2,585,000.00 43,232,000.00$ 4,323,200.00 $ 47,555,200.00 $ 2,843,500.00 $ Base, A1, A3, L1a, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Photovoltaic Panel System (without Energy Storage) $ 2,680,000.00 43,327,000.00$ 4,332,700.00 $ 47,659,700.00 $ 2,948,000.00 $ Base, A3, L2, E2
Base Lump Sum, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 2,682,000.00 43,329,000.00$ 4,332,900.00 $ 47,661,900.00 $ 2,950,200.00 $ Base, A3, L2, L3, E1
Base Lump Sum, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,693,000.00 43,340,000.00$ 4,334,000.00 $ 47,674,000.00 $ 2,962,300.00 $ Base, A1, A3, L1, L2, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 2,700,000.00 43,347,000.00$ 4,334,700.00 $ 47,681,700.00 $ 2,970,000.00 $
Base, A3, L1, E2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Photovoltaic Panel System (with Energy Storage) $ 2,703,000.00 43,350,000.00$ 4,335,000.00 $ 47,685,000.00 $ 2,973,300.00 $ Base, A3, L1, L3, E1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,714,000.00 43,361,000.00$ 4,336,100.00 $ 47,697,100.00 $ 2,985,400.00 $ Base, A1, L1a, L2, E1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 2,760,000.00 43,407,000.00$ 4,340,700.00 $ 47,747,700.00 $ 3,036,000.00 $ Base, A1, A3, L1a, L2, L3
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts $ 2,761,000.00 43,408,000.00$ 4,340,800.00 $ 47,748,800.00 $ 3,037,100.00 $ Base, L1a, E2
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Photovoltaic Panel System (with Energy Storage) $ 2,763,000.00 43,410,000.00$ 4,341,000.00 $ 47,751,000.00 $ 3,039,300.00 $ Base, L1a, L3, E1
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,774,000.00 43,421,000.00$ 4,342,100.00 $ 47,763,100.00 $ 3,051,400.00 $ Base, L1, L2, E2
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 2,783,000.00 43,430,000.00$ 4,343,000.00 $ 47,773,000.00 $ 3,061,300.00 $ Base, L1, L2, L3, E1
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,794,000.00 43,441,000.00$ 4,344,100.00 $ 47,785,100.00 $ 3,073,400.00 $ Base, A1, A3, L1a, L2, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (without Energy Storage) $ 2,936,000.00 43,583,000.00$ 4,358,300.00 $ 47,941,300.00 $ 3,229,600.00 $ Base, A3, L1a, E2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Photovoltaic Panel System (with Energy Storage) $ 2,939,000.00 43,586,000.00$ 4,358,600.00 $ 47,944,600.00 $ 3,232,900.00 $ Base, A3, L1a, L3, E1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,950,000.00 43,597,000.00$ 4,359,700.00 $ 47,956,700.00 $ 3,245,000.00 $ Base, A3, L1, L2, E2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 2,959,000.00 43,606,000.00 $ 4,360,600.00 $ 47,966,600.00 $ 3,254,900.00 $ Base, A3, L1, L2, L3, E1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 2,970,000.00 43,617,000.00$ 4,361,700.00 $ 47,978,700.00 $ 3,267,000.00 $ Base, L1a, L2, E2
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 3,019,000.00 43,666,000.00$ 4,366,600.00 $ 48,032,600.00 $ 3,320,900.00 $ Base, A1, E2 Base Lump Sum, Expanded Entry Canopy, Photovoltaic Pane l System (with Energy Storage) $ 3,023,000.00 43,670,000.00$ 4,367,000.00 $ 48,037,000.00 $ 3,325,300.00 $ Base, L1a, L2, L3, E1
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,030,000.00 43,677,000.00$ 4,367,700.00 $ 48,044,700.00 $ 3,333,000.00 $ Base, A1, L3, E1
Base Lump Sum, Expanded Entry Canopy, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,034,000.00 43,681,000.00$ 4,368,100.00 $ 48,049,100.00 $ 3,337,400.00 $ Base, A3, L1a, L2, E2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 3,195,000.00 43,842,000.00$ 4,384,200.00 $ 48,226,200.00 $ 3,514,500.00 $ Base, A1, A3, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Photovoltaic Panel System (with Energy Storage) $ 3,199,000.00 43,846,000.00$ 4,384,600.00 $ 48,230,600.00 $ 3,518,900.00 $ Base, A3, L1a, L2, L3, E1
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,206,000.00 43,853,000.00$ 4,385,300.00 $ 48,238,300.00 $ 3,526,600.00 $

7.2 Attachment 5 - Bid Alternate Combination Breakdown

237

ALTERNATES DESCRIPTION COST OF ADD ALTS TOTAL COST CONTINGENCY TOTAL COST +

CONTINGENCY
Difference Between (Total Cost +
Contingency) and (Base Contract
+ Contingency Cost)
Base, A1, A3, L3, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,210,000.00 43,857,000.00$ 4,385,700.00 $ 48,242,700.00 $ 3,531,000.00 $ Base, A1, L2, E2
Base Lump Sum, Expanded Entry Canopy, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 3,279,000.00 43,926,000.00$ 4,392,600.00 $ 48,318,600.00 $ 3,606,900.00 $ Base, A1, L2, L3, E1
Base Lump Sum, Expanded Entry Canopy, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,290,000.00 43,937,000.00$ 4,393,700.00 $ 48,330,700.00 $ 3,619,000.00 $ Base, L3, E2 Base Lump Sum, Bocce Courts, Photovoltaic Panel Sy stem (with Energy Storage) $ 3,293,000.00 43,940,000.00$ 4,394,000.00 $ 48,334,000.00 $ 3,622,300.00 $ Base, A1, L1, E2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Photovoltaic Panel System (with Energy Storage) $ 3,300,000.00 43,947,000.00$ 4,394,700.00 $ 48,341,700.00 $ 3,630,000.00 $ Base, A1, L1, L3, E1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,311,000.00 43,958,000.00$ 4,395,800.00 $ 48,353,800.00 $ 3,642,100.00 $ Base, A1, A3, L2, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 3,455,000.00 44,102,000.00$ 4,410,200.00 $ 48,512,200.00 $ 3,800,500.00 $ Base, A1, A3, L2, L3, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,466,000.00 44,113,000.00$ 4,411,300.00 $ 48,524,300.00 $ 3,812,600.00 $ Base, A3, L3, E2
Base Lump Sum, Fitness Room Operable Partition, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 3,469,000.00 44,116,000.00$ 4,411,600.00 $ 48,527,600.00 $ 3,815,900.00 $ Base, A1, A3, L1, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Photovoltaic Panel System (with Energy Storage) $ 3,476,000.00 44,123,000.00$ 4,412,300.00 $ 48,535,300.00 $ 3,823,600.00 $ Base, A1, A3, L1, L3, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,487,000.00 44,134,000.00$ 4,413,400.00 $ 48,547,400.00 $ 3,835,700.00 $ Base, A1, L1a, E2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Photovoltaic Panel System (with Energy Storage) $ 3,536,000.00 44,183,000.00$ 4,418,300.00 $ 48,601,300.00 $ 3,889,600.00 $ Base, A1, L1a, L3, E1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,547,000.00 44,194,000.00$ 4,419,400.00 $ 48,613,400.00 $ 3,901,700.00 $ Base, L2, L3, E2
Base Lump Sum, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 3,549,000.00 44,196,000.00$ 4,419,600.00 $ 48,615,600.00 $ 3,903,900.00 $ Base, A1, L1, L2, E2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 3,556,000.00 44,203,000.00$ 4,420,300.00 $ 48,623,300.00 $ 3,911,600.00 $ Base, A1, L1, L2, L3, E1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,567,000.00 44,214,000.00$ 4,421,400.00 $ 48,635,400.00 $ 3,923,700.00 $ Base, L1, L3, E2
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 3,570,000.00 44,217,000.00$ 4,421,700.00 $ 48,638,700.00 $ 3,927,000.00 $ Base, A1, A3, L1a, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Photovoltaic Panel System (with Energy Storage) $ 3,712,000.00 44,359,000.00$ 4,435,900.00 $ 48,794,900.00 $ 4,083,200.00 $ Base, A1, A3, L1a, L3, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,723,000.00 44,370,000.00$ 4,437,000.00 $ 48,807,000.00 $ 4,095,300.00 $ Base, A3, L2, L3, E2
Base Lump Sum, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 3,725,000.00 44,372,000.00$ 4,437,200.00 $ 48,809,200.00 $ 4,097,500.00 $ Base, A1, A3, L1, L2, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 3,732,000.00 44,379,000.00$ 4,437,900.00 $ 48,816,900.00 $ 4,105,200.00 $ Base, A1, A3, L1, L2, L3, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,743,000.00 44,390,000.00$ 4,439,000.00 $ 48,829,000.00 $ 4,117,300.00 $ Base, A3, L1, L3, E2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 3,746,000.00 44,393,000.00$ 4,439,300.00 $ 48,832,300.00 $ 4,120,600.00 $ Base, A1, L1a, L2, E2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 3,792,000.00 44,439,000.00$ 4,443,900.00 $ 48,882,900.00 $ 4,171,200.00 $
Base, A1, L1a, L2, L3, E1
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,803,000.00 44,450,000.00$ 4,445,000.00 $ 48,895,000.00 $ 4,183,300.00 $ Base, L1a, L3, E2
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 3,806,000.00 44,453,000.00$ 4,445,300.00 $ 48,898,300.00 $ 4,186,600.00 $ Base, L1, L2, L3, E2
Base Lump Sum, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 3,826,000.00 44,473,000.00$ 4,447,300.00 $ 48,920,300.00 $ 4,208,600.00 $ Base, A1, A3, L1a, L2, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Photovoltaic Panel System (with Energy Storage) $ 3,968,000.00 44,615,000.00$ 4,461,500.00 $ 49,076,500.00 $ 4,364,800.00 $ Base, A1, A3, L1a, L2, L3, E1
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (without Energy Storage) $ 3,979,000.00 44,626,000.00$ 4,462,600.00 $ 49,088,600.00 $ 4,376,900.00 $ Base, A3, L1a, L3, E2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 3,982,000.00 44,629,000.00$ 4,462,900.00 $ 49,091,900.00 $ 4,380,200.00 $ Base, A3, L1, L2, L3, E2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 1- Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,002,000.00 44,649,000.00$ 4,464,900.00 $ 49,113,900.00 $ 4,402,200.00 $ Base, L1a, L2, L3, E2
Base Lump Sum, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,062,000.00 44,709,000.00$ 4,470,900.00 $ 49,179,900.00 $ 4,468,200.00 $ Base, A1, L3, E2
Base Lump Sum, Expanded Entry Canopy, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,066,000.00 44,713,000.00$ 4,471,300.00 $ 49,184,300.00 $ 4,472,600.00 $ Base, A3, L1a, L2, L3, E2
Base Lump Sum, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,238,000.00 44,885,000.00$ 4,488,500.00 $ 49,373,500.00 $ 4,661,800.00 $ Base, A1, A3, L3, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,242,000.00 44,889,000.00$ 4,488,900.00 $ 49,377,900.00 $ 4,666,200.00 $ Base, A1, L2, L3, E2
Base Lump Sum, Expanded Entry Canopy, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,322,000.00 44,969,000.00$ 4,496,900.00 $ 49,465,900.00 $ 4,754,200.00 $
Base, A1, L1, L3, E2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,343,000.00 44,990,000.00$ 4,499,000.00 $ 49,489,000.00 $ 4,777,300.00 $ Base, A1, A3, L2, L3, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,498,000.00 45,145,000.00$ 4,514,500.00 $ 49,659,500.00 $ 4,947,800.00 $ Base, A1, A3, L1, L3, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,519,000.00 45,166,000.00$ 4,516,600.00 $ 49,682,600.00 $ 4,970,900.00 $ Base, A1, L1a, L3, E2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,579,000.00 45,226,000.00$ 4,522,600.00 $ 49,748,600.00 $ 5,036,900.00 $ Base, A1, L1, L2, L3, E2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,599,000.00 45,246,000.00$ 4,524,600.00 $ 49,770,600.00 $ 5,058,900.00 $

7.2 Attachment 5 - Bid Alternate Combination Breakdown

238

ALTERNATES DESCRIPTION COST OF ADD ALTS TOTAL COST CONTINGENCY TOTAL COST +

CONTINGENCY
Difference Between (Total Cost +
Contingency) and (Base Contract
+ Contingency Cost)Base, A1, A3, L1a, L3, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,755,000.00 45,402,000.00$ 4,540,200.00 $ 49,942,200.00 $ 5,230,500.00 $ Base, A1, A3, L1, L2, L3, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 1-Columbia Cascade Company) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,775,000.00 45,422,000.00$ 4,542,200.00 $ 49,964,200.00 $ 5,252,500.00 $ Base, A1, L1a, L2, L3, E2
Base Lump Sum, Expanded Entry Canopy, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 4,835,000.00 45,482,000.00$ 4,548,200.00 $ 50,030,200.00 $ 5,318,500.00 $ Base, A1, A3, L1a, L2, L3, E2
Base Lump Sum, Expanded Entry Canopy, Fitness Room Operable Partition, Playground with Play Equipment (Option 2- Playcraft) & Rubberized Safety Surfacing, Event Terrace Glass Wind Screen, Bocce Courts, Photovoltaic Panel System (with Energy Storage) $ 5,011,000.00 45,658,000.00$ 4,565,800.00 $ 50,223,800.00 $ 5,512,100.00 $ *Green highlight represents staff's recommendation

7.2 Attachment 5 - Bid Alternate Combination Breakdown

239

TASK ORDER NO. ATL-2024-01

TO MASTER MATERIALS TESTING SERVICES AGREEMENT

This Task Order No. ATL-2024-01 ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Apex Testing Laboratories, Inc. ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled Master Civil Engineering Services Agreement ("Agreement"), by which the Consultant agreed to perform on-call materials testing services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

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

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

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $341,520 (including all hourly billings as well as reimbursable costs).

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

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

City of Foster City Consultant

_____________________________ _________________________ By: Patrick Sullivan By: Abdelkader Khelifa
Title: Mayor Title: President
Date: _________________________ Date: _____________________

7.2 Attachment 6 - Task Order ATL-2024-1

240

EXHIBIT A

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

PROFESSIONAL ON-CALL MATERIALS TESTING SERVICES

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

1. Description of the Project:

See attached proposal.

7.2 Attachment 6 - Task Order ATL-2024-1

241

FOSTER CITY

FOSTER CITY RECREATION CENTER

TESTING AND INSPECTION SERVICES
Apex Testing Laboratories, Inc.

San Francisco, California
April 25th, 2024
Contact Person: Dave Kim
Email: [email protected]
Phone: (415) 550-9800

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Letter of Transmittal
Mr. Justin Lai April 25, 2024 Foster City Public Works
610 Foster City Boulevard
Foster City, CA 94404
Attn: Mr. Justin Lai, Foster City Department of Public Works RE: Foster City Recreation Center - Testing and Inspection Services Dear Mr. Justin Lai and Representitives of Foster City Public Works, Apex Testing Laboratories is excited to present our proposal to offer Construction Testing and Special Inspections services for the Foster City Recreation Center - Testing and Inspection Services. Apex has performed over 20 years of service, evolving into a recognized Small Business Enterprise (SBE), with a robust presence in major Californian citires including San Francisco Bay Area, Sacramento, Orange County, Los Angeles, and San Diego, a testament to our growth and unwavering dedication to quality.

Founded in 2005 by former CALTRANS engineer and Northeastern University Civil Engineering Alumni, Abdel Khelifa, Apex has successfully provided on-time and budget conscious engineering services. With a dedicated workforce of over 30 field and office personnel strategically positioned across California, Apex ensures unparalleled service delivery and responsiveness. Our facilities possess an array of company-owned, cutting-edge testing equipment, reflecting our commitment to excellence. We prioritize continuous improvement, we regularly update our laboratory and field equipment and provide our staff with advanced training to navigate the evolving landscape of industry practices, regulations, and technologies.

Our expertise spans a broad spectrum of services including; QC Plan Preparation, Soil Testing (Lab), Soil Compaction Inspections, Concrete Sampling and Testing, Concrete Placement and Sampling, Specialty Bolts Installation, Special Moment, Reinforcing Steel and Pre-Stressing Tendons, Structural Welding, Structural Masonry, Reinforced Gypsum Concrete, Shotcrete, Insulating Concrete Fill, Sprayed-On Fireproofing, Pilings, Dilled Piers, Caissons, In Situ Probe Test (ASTM F2170), Anhydrous Calcium Chl. Test (ASTM F1869). Our Laboratory is CALTRANS, AASHTO, AMRL, CCRL and DSA certified with LEA No. 209.

Our technicians are ICC certified in Reinforcing steel, DSA certified in Shotcrete, Masonry and AWS/CWI certified in structural steel welding.

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We acknowledge all addendums involved with this project and we understand the nature and requirements of the project. Short notice responsiveness and comprehensive services are essential qualities for success- ful execution of any construction work. Our extensive history with similar projects equips us with a deep understanding of the necessary procedures and best practices. We look forward to providing you with our services. We are confident and eager to extend our services to you, confident that the expertise and qualifi- cations of our team will build the trust required to assure you of Apex Testing Laboratories’ commitment to consistently achieving excellence. This proposal from Apex Tesing Labs to Foster City is valid for a 90 day period stating 4/25/24.

Sincerely,
Abdelkader Khelifa
President & CEO
Apex Testing Laboratories, Inc.
1790 Yosemite Ave.

San Francisco, CA 94124
Contact Person: Dave Kim
T: (415) 550-9800
E: [email protected]

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Summary of Qualifications
Apex transforms materials testing and special inspections with expertise and proactive solutions. At Apex Testing Labs, our track record in the Bay Area Speaks for Itself, with a legacy of 20+ years delivering materials testing and inspection services to both public and private sectors. We guarentee success and client satisfaction by ensuring our team, processes, and protocols are fully aligned before any project begins.

Our multidisciplinary approach not only ensures excellence but also introduces cost-effective strategies.

Our unique model allows us to diploy versatile inspectors, skilled in multiple disciplines, reducing the need for multiple personnel, increase testing and delivery speeds, and significantly reduce costs.

Services
Professional Memberships and Associations
• Materials Testing
• Quality Control
• Geotechnical
• Environmental
• Mechanical
• Structural
• Soils
• Asphalt
• Concrete
• Water
• Masonry
• Reinforcing Steel
• Structural Steel
• Fireproofing
• Epoxy
• Floor Levelness
• Floor Flatness
• Fireproofing
• Coating
• American Society of Civil Engineers (ASCE)
• American Concrete Institute (ACI)
• National Society of Professional Engineers (NSPE)
• American Construction Inspectors Association (ACIA)
• International Conference of Building Officials (ICBO) • American Welding Society (AWS)
• International Association of Electrical Inspectors (IAEI) • Structural Engineers Associations of Northern and
Southern California (SEANC, SEASC)
• National Association ofCorrosion Engineers (NACE)
• International Code Council (ICBO/ICC)
• Special Inspection Committee (SIC)
• Cement and Concrete Reference laboratory (CCRL)
• American Association of State Highway and
Transportation Officials (AASHTO)
• American Society of Non-Destructive Testing (ASNT)
• California Department of Transportation (CALTRANS)
• Department of State Architects (DSA)
• Office of Statewide Health Planning & Development
(OSHPD) and Nuclear Gauge Certified (soils & asphalt)

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Project Approach
Abdel Khelifa will serve as the primary point
of contact for all critical matters related to
this contract. He is available at all times,
including after hours and during
emergencies, to ensure seamless
communication and rapid response.

Apex is committed to accommodating client
needs, even on short notice. We have
consistently fulfilled dispatch requests
within 2-4 hour windows, demonstrating our
flexibility and dedication to client service.

Based on our extensive experience, we recommend scheduling preliminary meetings with project staff, contractors, and subcontractors a few weeks before the commencement of fieldwork or laboratory activities. These meetings can be conducted virtually, via telephone, or in person, depending on the project’s needs and urgency. For projects that require on-call services, these preparatory discussions may be scheduled closer to the start date, or even on the day of dispatch to the project site.

These sessions, whether held in-person or online, will cover the review of contract requirements, identificatoin of key contacts, and approval of submittals. This process is designed to solidify the project timeline and budget expectations. Our proactive approach aims to address and resolve poten- tial issues before the commencement of work, thereby minimizing the incidence of non-compliance during the construction phase.

Multi-Discliplinary Staff
Our multi-disciplinary staff enables us to implement effec- tive cost control strategies and budgeting methodologies.

For instance, within the inspection scope, we can
significantly reduce costs by deploying inspectors who
hold certifications in multiple disciplines. A practical example of this is the ability to schedule a Certified
Welding Inspector (CWI) who is also qualified to conduct soil compaction inspections using nuclear gauge tech-
niques. This dual certification allows a single inspector to perform both types of inspections, which typically would require dispatching two separate inspectors to the site. This approach not only cuts down on labor costs but also reduces travel expenses and the environmental impact associated with deploying multiple personnel.

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Software and Equipment
Apex Staff arrives on project sites prepared with high speed, reliable communication tools like phones and internet enabled iPads. Each devices has the necessary reporting tools, virus pro- tection, cameras Adobe Acrobas, Microsoft Suite, Email Application, and access to our inhouse cloud-computing software. Our inspectors always take photos of inspections and fill out testing and reporting forms in a clear and concise manner. Our Laboratory staff has internet enabled laboratory software that enables imediate sharing of test results and soil impaction curves.

Document Control/Tracking and Accounting
Documen control and tracking will be coordinated with
the dispatcher and Apex’s dedicated document control
team that is responsible for compiling, organizing and
uploading reports. We have administrative staff who
are assigned separately for testing reports and special inspection reports. We will appoint administrative
personnel and accountants who have extensive
experience working with Public Works Departments
to take care of progress payments and monthly status
reports to identify resource capacity, near completion
dates, and budhet burndown rates.

Quality Control Program
Apex has a Quality Control Program to provide
quality service to all clients as requested. Due to
the page limit of this Proposal, our QCP is available
upon request.

Equal Employment Opportunity
It is the policy of Apex not to discriminate against
any applicant for employment, or any employee
because of age, color, sex, disability, national origin, race, religion, or veteran status. Our offical EEO
Policy is available on request.

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Conflict of Interest
Our firm hereby declares that there are no financial or business conflicts of interest that would arise from entering into a contract with Contra Costa County. We have conducted a thorough internal review to ensure that our engagements, both current and prospective, are in full compliance with ethical standards and do not present any conflicts with our potential work for Foster City.

We are dedicated to maintaining the highest levels of integrity and transparency in all our business deal- ings. Our firm has implemented strict policies and procedures to identify and prevent any conflicts of inter- est, ensuring that our services are provided with impartiality and professional independence.

Litigation Notice
Apex Testing Laboratories attests that it has NO lawsuit or litigation pending for any public project under- taken by Apex. This declaration encompasses all legal disputes, both resolved and ongoing, ensuring that our professional history is characterized by harmonious and constructive collaborations.

Our commitment to ethical practices, quality service delivery, and proactive risk management has been instrumental in maintaining this record. We believe in addressing potential challenges through open com- munication and collaborative problem-solving, thereby preventing disputes from escalating into litigations.

This litigation-free history underscores our dedication to fostering positive and enduring relationships with all stakeholders, reflecting our firm’s integrity, reliability, and commitment to excellence in every project engagement.

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Certifications

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SIAD TL-0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT

STATE OF CALIFORNIA

DEPARTMENT OF

TRANSPORTATION

CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
Please verify lab accreditation by visiting SIAD website: https://sia.dot.ca.gov/

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Foster City City CouncilSeptember 3, 2024

Foster City City Council
September 3, 2024