Agenda packet — Foster City City Council, December 16, 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
Monday, December 16, 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

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

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

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

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

5.1. City/EMID Regular Meeting Minutes of December 2, 2024

5.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Threeyear Agreement with Packet Fusion, Inc. to Purchase Hardware and Zoom Phone Subscriptions in an Amount Not to Exceed $110,000
a) Staff Report
b) Adopt Resolution

5.3. A Resolution of the City Council of the City of Foster City Authorizing the Award of Agreements to Loral Landscaping Inc. for Street Median Maintenance for a Total NottoExceed Amount of $771,221 and for Culde sac Maintenance Agreement for a Total NottoExceed Amount of $208,108 From January 1, 2025, to December 31, 2027, with Optional Annual Extensions Through December 31, 2029; Finding Project Exempt From Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15301 (Class 1Existing Facilities); and Authorization of Supplemental Appropriation of $96,600 to Account Number 00105204524251
a) Staff Report
b) Adopt Resolution

5.4. a) A Resolution of the City Council of the City of Foster Accepting the Annual Development Impact Fee and Capacity Fee Report for Fiscal Year 2023 2024; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Annual Development Impact Fee and Capacity Fee Report for Fiscal Year 20232024
c) Staff Report
d) Adopt Resolutions

5.5. a) A Resolution of the City Council of the City of Foster City Approving Award of Construction Contract to West Star Environmental, Inc. in the Amount of $3,147,259 for the Construction of the Fuel Systems Improvements Project (CIP 301700); the Execution of a Task Order with Consor PMCM, Inc. in the Amount of $303,270 for Construction Management and Inspection Services; Approving the Transfer of $286,000 From Fund 405 to Fund 301; Approving the Transfer of $286,000 From Fund 455 to Fund 301; Approving the Appropriation of $222,000 to Account Number 30109107004251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3) and 15301(C)— Existing Facilities; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Award of Construction Contract to West Star Environmental, Inc. in the Amount of $3,147,259 for the Construction of the Fuel Systems Improvements Project (CIP 301700); the Execution of a Task Order with Consor PMCM, Inc. in the Amount of $303,270 for Construction Management and Inspection Services; Approving the Transfer of $286,000 From Fund 405 to Fund 301; Approving the Transfer of $286,000 From Fund 455 to Fund 301; Approving the Appropriation of $222,000 to Account Number 30109107004251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3) and 15301(C)—Existing Facilities
c) Staff Report
d) Adopt Resolutions

5.6. a) A Resolution of the City Council of the City of Foster City Authorizing a Third Amendment to the Agreement Between City of Foster City and Foster City Village, Inc. Extending the Term From January 1, 2025 Through December 31, 2025, with Additional Optional Extensions Through June 30, 2026 and Authorizing City Manager to Approve Future Extensions, for the Use of a Work Space at City Hall, Meeting/classroom Spaces as Available at the Community Center, and I.T. Services and Equipment; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing a Third Amendment to the Agreement Between Estero Municipal Improvement District and Foster City Village, Inc.

Extending the Term From January 1, 2025 Through December 31, 2025, with Additional Optional Extensions Through June 30, 2026 and Authorizing District Manager to Approve Future Extensions, for the Use of a Work Space at City Hall, Meeting/classroom Spaces as Available at the Community Center, and I.T. Services and Equipment
c) Staff Report
d) Adopt Resolutions

5.7. Adoption of Final Report for Transition to District Elections a) Staff Report
b) By Minute Order, Receive and Adopt Report

6. PUBLIC HEARINGS

6.1. A Public Hearing to Hear and Receive Comments Regarding Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan (Rz98007) by Removing References to Grade Levels “K 5” and Replacing Them with the Term “School” for the PJCC at 800 Foster City Boulevard
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan (Rz98007) by Removing References to Grade Levels “K5” and Replacing Them with the Term “School” for the PJCC at 800 Foster City Boulevard and Finding the Project Exempt from the California Quality Act (CEQA) Under CEQA Guidelines Section 15301 Existing Facilities – Rz20240011 – APN 094471090
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading

7. NEW BUSINESS

7.1. Consideration of Foster City Council Liaisons List Dated December 16, 2024 a) Action – By Minute Order, Approve List
b) Action – By Minute Order, Appoint a Representative as the Estero Municipal Improvement District Representative for a Partial Four Year Term Commencing July 1, 2021 through June 30, 2025 and a Subsequent Full FourYear Term Commencing July 1, 2025 through June 30, 2029 to the Board of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA) and the Bay Area Regional Water System Financing Authority (RFA)

8. REPORTS

8.1. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on November 26, 2024
a) Information Item Only
b) No Action Required

10. 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.

11. 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
Monday, December 16, 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

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

5.1. City/EMID Regular Meeting Minutes of December 2, 2024

5.7. Adoption of Final Report for Transition to District Elections a) Staff Report
b) By Minute Order, Receive and Adopt Report

6. PUBLIC HEARINGS

7. NEW BUSINESS

8. REPORTS

8.1. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on November 26, 2024
a) Information Item Only
b) No Action Required

11. 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
Monday, December 16, 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

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

5.1. City/EMID Regular Meeting Minutes of December 2, 2024

5.7. Adoption of Final Report for Transition to District Elections a) Staff Report
b) By Minute Order, Receive and Adopt Report

6. PUBLIC HEARINGS

7. NEW BUSINESS

8. REPORTS

8.1. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on November 26, 2024
a) Information Item Only
b) No Action Required

11. 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
Monday, December 16, 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

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

5.1. City/EMID Regular Meeting Minutes of December 2, 2024

5.7. Adoption of Final Report for Transition to District Elections a) Staff Report
b) By Minute Order, Receive and Adopt Report

6. PUBLIC HEARINGS

7. NEW BUSINESS

8. REPORTS

8.1. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on November 26, 2024
a) Information Item Only
b) No Action Required

11. 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
Monday, December 16, 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

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

5.1. City/EMID Regular Meeting Minutes of December 2, 2024

5.7. Adoption of Final Report for Transition to District Elections a) Staff Report
b) By Minute Order, Receive and Adopt Report

6. PUBLIC HEARINGS

7. NEW BUSINESS

8. REPORTS

8.1. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on November 26, 2024
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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
Monday, December 16, 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

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

5.1. City/EMID Regular Meeting Minutes of December 2, 2024

5.7. Adoption of Final Report for Transition to District Elections a) Staff Report
b) By Minute Order, Receive and Adopt Report

6. PUBLIC HEARINGS

7. NEW BUSINESS

8. REPORTS

8.1. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on November 26, 2024
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

6 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF DECEMBER 2, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of December 2, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Patrick Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Andrew Brozyna, Public Works Director; Tracy Avelar, Police Chief; Waqas Hassan, Assistant Finance Director; Cory Call, Police Captain; Jenna Grimaldi, Police Sergeant; Clara Leong, Police Sergeant; Devon Butler, Police Corporal; Lyndsey Castro, Management Analyst; Cathy Lau, Police Officer; Joyce Unga, Police Officer; Louis Medina, Police Officer; Rob Lasky, IT Manager; Frank Fanara, Parks Manager; Vanessa Brannon, Senior Management Analyst; Katherine Estrada, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS

PROCLAMATION HONORING POLICE CHIEF TRACY AVELAR FOR HER SERVICE TO THE FOSTER CITY POLICE DEPARTMENT.

Mayor Sullivan presented the Proclamation Honoring Police Chief Tracy Avelar for her Service to the Foster City Police Department.

5.1 5.1 Minutes

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

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of November 18, 2024;

2. City Ordinance No. 684, “An Ordinance of the City of Foster City Adopting Text Amendments to Various Chapters Within Title 17, Zoning, of the Foster City Municipal Code to Implement the RHNA 6 Housing Element for the 2023-2031 Planning Period and Comply with Recent Changes in State Law and Finding That the Amendments are within the Scope of the Environmental Impact Report Prepared Under the California Environmental Quality Act (CEQA) for the Housing Element and Safety Element Update (SCH#2022010509). – Rz2024-0012 (First Reading on November 18, 2024);”

3. City Resolution No. 2024-122, “A Resolution of the City Council of the City of Foster City Amending the Purchasing Policy Updating Section 5 – Dollar Limits, Public Contract Code Section to Raise Thresholds for Solicitation per the California Uniform Public Construction Cost Accounting Act as Amended Under Assembly Bill 2192 and Section 9 – Procurement of Recycled-Content Paper Products to Simplify Language and Reflect Current Practice;”

4. City Resolution No. 2024-123, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Five-Year Agreement with Roundstone Solutions, Inc. In an Amount Not to Exceed $104,752 to Purchase Cohesity Backup Servers and Services;”

5. City Resolution No. 2024-124, “A Resolution of the City Council of the City of Foster City Approving an Agreement for Professional Services in an Amount Not to Exceed $280,812 With Rincon Consultants Inc. for an Amendment of the City of Foster City’s General Plan Parks and Open Space and Conservation Elements and Approve a Supplemental Appropriation in the Amount of $280,812 in Account 128-0838-419-4251;”

6. City Resolution No. 2024-125, “A Resolution of the City Council of the City of Foster City Authorizing a Supplemental Appropriation in General Fund (Fund 001) for $154,000 and Approving an Overhire for the Finance Director Position from January 2025 Through End of April 2025;”

7. EMID Resolution No. 3785, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing a Supplemental Appropriation in General Fund (Fund 001) for $154,000 and Approving an Overhire for the Finance Director Position From January 2025 Through End of April 2025;” and

8. Minute Order No. 2005, Receive and Accept the Report on the 2024 Legislative Update.

5.1 5.1 Minutes

8 ITEM REMOVED FROM CONSENT CALENDAR

ISSUANCE OF A REQUEST FOR PROPOSALS FOR KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT BAYWINDS PARK FROM MARCH 1, 2025 THROUGH DECEMBER 31, 2027 WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2029. CITY RESOLUTION NO. 2024-126.

Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar at the request of Councilmember Froomin.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-126, “A Resolution of the City Council of the City of Foster City Authorizing Issuance of a Request for Proposals for Kiteboard Lessons, Retail, Rental and Demonstrations at Baywinds Park From March 1, 2025 Through December 31, 2027 with Optional Extensions Through December 31, 2029” and directing to staff to add a requirement in the Request for Proposal for the vendor to have a safety plan prior to starting business.

PUBLIC HEARINGS

INTEGRATIVE ADAPTIVE CANADA GOOSE MANAGEMENT PLAN AND INITIAL

STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR THE FOSTER CITY

INTEGRATIVE ADAPTIVE CANADA GOOSE MANAGEMENT PLAN (SCH NUMBER 2024090125). ELEMENT AND SAFETY ELEMENT UPDATE (SCH#2022010509). – RZ2024-0012. CITY RESOLUTION NO. 2024-127.

Parks Manager Fanara introduced, who presented the staff report.

Dan Biteman, representing Wildlife Innovations, presented the Integrative Adaptive Canada Goose Management Plan.

Mayor Sullivan opened a public hearing to hear and consider comments regarding the Integrative Adaptive Canada Goose Management Plan and Initial Study/Mitigated Negative Declaration (IS/MND) for the Foster City Integrative Adaptive Canada Goose Management Plan (SCH Number 2024090125).

Phyllis Segal addressed the City Council via email.

The following people addressed the City Council in person:

1. Brent Turner;

2. Dan Hogan; and

3. Gerald Moreno.

The following people addressed the City Council via teleconference:

5.1 5.1 Minutes

9 1. Bill Folsom; and

2. Eric Allen.

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

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-127, “A Resolution of the City Council of the City of Foster City (1) Adopting the Initial Study and Mitigated Negative Declaration with All Findings and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (MMRP) Pursuant to the California Environmental Quality Act (CEQA) for the Integrated Adaptive Canada Goose Management Plan (“Plan”); And (2) Approving the Plan and Its Implementation.”
SELECTED FINAL MAP (MAP B2 LIVE EDITS) AND SEQUENCING OF ELECTIONS

AND ADOPT THE ORDINANCE TO PROVIDE FOR THE ELECTION OF
COUNCILMEMBERS BY FIVE DISTRICTS; ESTABLISH DISTRICT BOUNDARIES AND ELECTION ORDER OF DISTRICTS (TO START AT A TIME CERTAIN 7:00 P.M.) CITY ORDINANCE NO. 685.

Communications Director/City Clerk Schaus introduced Paul Mitchell, representing Redistricting Partners, who presented the staff report.

Mayor Sullivan opened a public hearing to hear and consider community input regarding the Selected Final Map (Map B2 Live Edits) and Sequencing of Elections and Adopt the Ordinance to Provide for the Election of Councilmembers by Five Districts; Establish District Boundaries and Election Order of Districts.

Fred Baer addressed the City Council in person.

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

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Froomin, and carried by roll call vote, 4-1-0, Councilmember Hindi voted “no”, adopting City Ordinance No. 685, “An Ordinance of the City Council of the City of Foster City Amending Title 2 “Administration and Personnel” of the Foster City Municipal Code to Add Section 2.56.025 “District Elections” to Provide for the Election of Members of the City Council by Five Districts; Establish the District Boundaries; and Election Order of Each District.”

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

5.1 5.1 Minutes

10 City/District Warrants of Demands were Processed and Issued on November 5, 2024, and November 13, 2024, and ACH were processed on November 5, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin reminded the public that this year’s Tree Lighting Ceremony will take place at the Leo J. Ryan Park Amphitheater on December 4.

Councilmember/Director Kiesel reminded the community to be careful when driving in the rain.

Councilmember/Director Froomin stated he attended the South Bayside Waste Management Authority Board meeting on November 21 where they discussed host fees regarding the Shoreway Environmental Center Recycling Center and Transfer Station with the City of San Carlos. He thanked a local resident for his efforts in planting succulents along Bridgeview Park and donating clippings to be used in other parks and landscaping areas. He wished everyone a Happy Holidays.

Vice Mayor/Vice President Jimenez stated she volunteered at the Samaritan House with other local Vice Mayors and encouraged the public to volunteer as well. She attended the Parks and Recreation Committee meeting on November 19, where they discussed the Community Garden which will be available to the public next year.

Councilmember/Director Hindi stated he attended the Citizens Sustainability Advisory Committee meeting on November 13. On November 19, he attended the SFO Community Roundtable Technical Working Group. On November 21, he attended the Peninsula Clean Energy Board meeting, where they celebrated the outgoing Board members. He will be attending the SFO Community Roundtable Board meeting and the Housing Endowment and Regional Trust (HEART) Board meeting on December 4.

Mayor/President Sullivan stated he attended the Council of Cities meeting in Hillsborough on November 22. He requested to agendize at a future meeting a discussion to support the San Mateo County Board of Supervisors in calling for the San Mateo County Sherriff’s resignation. The request did not receive support from the other Councilmembers/Directors to agendize the item.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 8:54 p.m.

5.1 5.1 Minutes

11 DATE: December 16, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: REPLACEMENT OF CITYWIDE PHONE SYSTEM

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute a three-year agreement with Packet Fusion, Inc. to purchase hardware and Zoom Phone subscriptions in an amount not to exceed $110,000.

EXECUTIVE SUMMARY
The City’s current Shoretel phone system was purchased in 2013 and is due for replacement. Zoom Phone will provide a reliable communications platform to support the City’s operations. The necessary funding is available within the Information Technology (IT) Internal Services Fund budget for Fiscal Year 2024-2025.

BACKGROUND/ANALYSIS
Foster City purchased its current Shoretel phone system in 2013 and Shoretel was subsequently acquired by Mitel in 2017. In 2022, Mitel announced the planned end-of- life for all Shoretel hardware and software by 2029.

A Request for Proposals (RFP) for a Phone System Replacement was released on May 7, 2024. Proposals for both on-premise and cloud-based systems were accepted.

Twenty-One proposals were received, and a multi-department evaluation team was assembled to evaluate scripted demos from a shortlist of vendors. The group agreed

5.2 5.2 Staff Report

12 that the demo for Zoom Phone from Packet Fusion had the best functionality. The Zoom Phone proposal also had the lowest annual cost for a cloud-based proposal.

Zoom Phone will provide the City with the stability of long-term support and enhanced functionality. It will also offer better integration with smartphones. Zoom Phone is cloud-based, which will make the system more resilient than our current premise-based phone system.

Staff also analyzed the use of physical telephone handsets in the City’s workflows.

Working with the departments, locations that required physical telephone handsets based on business needs were identified. All other users will transition to using software-based telephone features, using an application on their desktop PC or smartphone, which will reduce upfront hardware expenses. Many staff members expressed that they are now accustomed to using software-based communications due to the proliferation of Zoom/Teams meetings during the pandemic.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
This project was originally budgeted in FY 2023-2024 for $275,000 in the IT Equipment Replacement Fund (504-0160-419-4388) and funds were carried over to FY 2024- 2025. The first year of Zoom Phone subscriptions, hardware, and migration services will be paid out of the IT Equipment Replacement Fund. Future year subscription costs will be budgeted in the IT Maintenance Fund (504-0160-419-4246) which is the same fund used for other software subscriptions. The following table reflects a breakdown of the payments over 3 years:

Hardware/Services Software Subscription
+ Estimated Tax
Total
Year 1 – 2024-25 $38,397.06 $20,650.89 $59,047.95
Year 2 – 2025-26 $0.00 $20,650.89 $20,650.89
Year 3 – 2026-27 $0.00 $20,650.89 $20,650.89
TOTAL $100,349.73
Since the tax amounts are estimates, and could change during the term of the agreement, staff is requesting the not-to-exceed amount for the 3-year agreement to be set at $110,000.

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

5.2 5.2 Staff Report

13 ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 - Zoom Services Reseller Customer Agreement Attachment 3 - Pricing Summary
Attachment 4 - Professional Services Pricing Detail
Attachment 5 - Statement of Work
Attachment 6 - Packet Fusion RFP Response

5.2 5.2 Staff Report

14 2
8 8
0 RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH PACKET FUSION, INC. TO PURCHASE HARDWARE AND ZOOM PHONE SUBSCRIPTIONS IN AN AMOUNT NOT TO EXCEED $110,000

CITY OF FOSTER CITY
WHEREAS, the City’s current Shoretel phone system was purchased in 2013 and is due for replacement; and
WHEREAS, Mitel has announced the planned end-of-life for all Shoretel premise- based PBXs by 2029; and
WHEREAS, a Request for Proposals for a phone system replacement was released on May 7, 2024; and
WHEREAS, after a rigorous evaluation process, Zoom Phone from Packet Fusion was determined to have the best functionality; and
WHEREAS, the Zoom Phone proposal also had the lowest annual cost for a cloud- based proposal; and
WHEREAS, Zoom Phone will provide a reliable communications platform to support the City’s operations; and
WHEREAS, sufficient funds are available in the Information Technology Internal Services Replacement Fund (#504-0160-419-4388).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute a three-year agreement with Packet Fusion, Inc. to purchase hardware and Zoom Phone subscriptions in an amount not to exceed $110,000.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.2 Attachment 1 - Resolution

15 1
PACKET FUSION, INC.

ZOOM SERVICES RESELLER CUSTOMER AGREEMENT
This Zoom Services Reseller Customer Agreement (the “Agreement” or “Packet Fusion Master Services Agreement”) sets forth terms under which Packet Fusion, Inc., a California corporation (“Company” or “PFI”) shall distribute, resell or refer the Zoom Service(s) to City of Foster City, (“Customer”). This agreement is effective as of the date of signing and will remain in effect for all future orders or purchases of Zoom Services or other services from Company. Capitalized terms shall have the meanings defined in the Agreement. In consideration of the mutual promises and obligations in the Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows.

1. S

ERVICES AND TERMS OF SERVICE

1.1. Zoom Service(s). Company is authorized to resell or distribute Zoom Meeting Services, Zoom Phone Services and other Zoom Services as more fully described in the Zoom Services Description available at https://explore.zoom.us/en/services-d escription/. Each Customer’ s purchase of Zoom Services shall be placed with Company on one or more Orders in accordance with this Agreement and the Reseller Customer Terms of Service. Each Order shall be deemed to be included in the Agreement as an attachment to Exhibit 1 of this Agreement.

1.2. Professional Services. Company is authorized to resell Zoom professional services or may provide its own installation and other professional services as requested by the Customer. Such services shall be described on one or more Statements of Work signed by Company and Customer that reference this Agreement (“SOW” or “Statement of Work”). Each such SOW shall be deemed to be included in the Agreement as an additional attachment to Exhibit 2 of this Agreement.

1.3. Delivery and Installation. All risk of loss passes to customer upon delivery of any purchased equipment to the installation site. The equipment delivery date shall be at a time to be mutually agreed upon by the parties. Title to any equipment purchased from PFI shall pass to customer upon the date that the equipment is delivered to the installation site.

1.4. Zoom Reseller Customer Terms of Service. Customer’s use of and access to Zoom’s website, products, services and associated software is conditioned upon compliance with and acceptance of the Reseller Customer Terms of Service. By signing this Agreement Customer acknowledges that is has read, understands and will comply with these Reseller Terms of Service and all other Zoom notices and terms.

The full Zoom Reseller Customer Terms of Service are available at https://explore.zoom.us/en/eula- terms-of-service.

1.5. Zoom Phone Native Services. If Customer chooses to procure Zoom Phone Native Service, such choice is said to be a directive and mandate to the Company to procure Zoom Phone Native on Customer’s behalf for the benefit of the Customer and its end users (the “Mandate”). All Zoom Phone Native Services are subject to Mandatory Flow Down Terms which are included in this Agreement as Exhibit 3.

2. SERVICE FEES, BILLING AND PAYMENT

2.1. Service Fees. Shall mean the fees that Zoom charges for the Service(s) for each Customer.

2.2. Metered and Variable Billings. Zoom Phone Native Services that are subject to metered/variable billing and are billed based on the Customer’s use and consumption. For clarity, metered/variable billings are considered additional Service Fees. Company shall bill in arrears for usage on a metered/variable billing plan based on the number of call minutes the Customer utilizes in the prior month, multiplied by the applicable Zoom Phone Native Services calling rates set forth at https://zoom.us/billing/pbx/rates.

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

16 2

2.3. Professional Services Billing. Customer will be invoiced for the Professional Services Fees as set forth in each SOW.

2.4. Reimbursable Expenses. Customer will reimburse all pre-approved travel and other expenses incurred in connection with the delivery of services under this Agreement.

2.5. Payment Terms. Unless otherwise stated in any services or sales order, Customer will pay all invoices within thirty (30) days of the date of the applicable invoice by check, ACH or wire transfer. All payments are non-refundable and PFI will charge an administrative fee for returned checks.

2.6. Cost of Collection. Customer shall be liable for any reasonable expenses incurred by Company in collecting any amount due under this Agreement and any Orders, or in enforcing any obligation under this Agreement or any Orders, including without limitation collection agency costs, reasonable attorney’s fees, and court costs.

3. TERM AND TERMINATION

3.1. Term; Automatic Renewal. Each Order Form will specify your Initial Subscription Term and any applicable Renewal Term for the Services. Unless your Order Form expressly states otherwise or applicable Law prohibits automatic renewal, each Renewal Term for the Services will begin automatically at the end of the then-current Initial Subscription Term or Renewal Term; as the case may be, unless either party provides written notice of termination at least sixty (60) calendar days prior to commencement of a Renewal Term.

4. WARRANTIES; DISCLAIMERS

4.1. Where Company acts as a reseller of third-party technology, Company represents and warrants that any third-party technology provider has authorized Company to grant licenses or sublicenses to use their products, including but not limited to the third-party technology, for use in Company’s performance of the solution and Customer’s use in connection therewith.

4.2. The Company technology and third-party technology may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.

4.3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED TO CUSTOMER ON AN “AS IS” ‘WHERE IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS

OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PACKET FUSION MAKES NO

REPRESENTATIONS OR WARRANTIES THAT USE OF THE CLOUD SERVICES WILL BE UNINTERRUPTED, TIMELY, COMPLETE, OR FREE FROM ERROR OR DEFECT.

4.4. Company warrants that any Professional Services or other Services provided by the Company will be performed in a professional and workmanlike manner and in accordance with applicable requirements of each SOW.

5. LIMITATION OF LIABILITY AND INDEMNIFICATION

5.1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

WILL PACKET FUSION AS RESELLER OF ZOOM SERVICES BE LIABLE FOR ANY SPECIAL, INCIDENTAL,

INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS

INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR

INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER

SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

17 3

LEGAL THEORY, EVEN IF ZOOM, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFCATION OBLIGATION PROVIDED IN SECTION 5.2.2 OF THIS AGREEMENT AND IN ANY CASE, ZOOM’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS

ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO FIFTY THOUSAND DOLLARS ($50,000.00). Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

5.2. INDEMNIFICATION.

5.2.1. You agree to indemnify, defend and hold harmless Packet Fusion as Reseller, its officers, directors, employees, consultants, agents, and Zoom from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Zoom Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.

5.2.2. To the fullest extent permitted by law, Packet Fusion shall indemnify, hold harmless, release and defend Customer, its officers, employees, and agents from and against any and all actions, claims, demands, damages, disabilities, fines, penalties, losses, costs, expenses (including consultants' and attorneys' fees and other defense expenses) and liabilities of any nature that may be asserted by any person or entity, in whole or in part arising out of Packet Fusion's performance or activities hereunder, including the performance or activities of other persons employed or utilized by Packet Fusion in the performance of this Agreement, excepting liabilities due to the negligence, recklessness or willful misconduct of Customer. This indemnification obligation shall continue to bind Packet Fusion after the termination of this Agreement.

6. GENERAL

6.1. Confidentiality. During the course of reselling Zoom Services and any other products or services hereunder, Company may have access to confidential and proprietary information and materials of Customer (“Confidential Information”). Confidential Information includes and is not limited to, information related to past, present or future research, development or business affairs, any proprietary products, software, materials or methodologies, trade secrets or any other information which provides Company with a competitive advantage. Confidential Information shall be used by Company only in conjunction with the provision or performance of this Agreement and shall not be disclosed to any third party. No rights or licenses under patents, trademarks or copyrights are granted or implied by any disclosure of Confidential Information. Upon Customer’s request or completion or termination of this Agreement, Company shall return all Confidential Information to Customer.

Company shall only disclose Customer Confidential Information to subcontractors, employees, officers, directors or affiliates (collectively, “Affiliated Persons”) who have a need to know such Customer Confidential Information in order to perform or provide the Services or other products or services for Customer related to Customer's systems, provided that such Affiliated Persons are subject to written confidentiality obligations with Company protecting Customer’s Confidential Information.

6.2. Security and Data Protection. Customer is solely responsible for instituting and maintaining security safeguards to protect Customer’s systems and data.

6.3. Independent Contractors. Neither party is an employee, agent or representative of the other party.

Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party, or to incur any obligation or liability or otherwise bind the other party. This agreement does not create an association, joint venture, or partnership between the parties nor imposes any partnership liability upon either party.

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

18 4

6.4. Force Majeure. Neither party shall be liable or otherwise responsible for any nonperformance or delay in performance of any of obligations under this Agreement during any period in which performance is prevented or hindered by any Force Majeure event, including by way of example but without limitation, lightning strike and any other acts of God, fire, flood and other severe catastrophic weather conditions, pandemic, war, embargo, union strikes, explosions or riots.

6.5. Assignment and Subcontracting. This Agreement, including any order entered into hereunder, is assignable by either party with the other party’s prior written consent, which consent shall not be unreasonably withheld. Either party may assign this Agreement and orders entered hereunder, in whole or in part, to an affiliate, subsidiary, joint venture, or third party into which said party is merged or which acquires substantially all of a party’s assets or control of said party. Company may freely subcontract any or all of the work hereunder, provided that Company shall retain responsibility for the work subcontracted.

6.6. Notices; Party Representatives. All notices, demands or other writings to be made, given or sent hereunder or which may be so given or made or sent by Customer or Company to the other shall be deemed to have been given in writing and personally delivered or if mailed on the third (3 rd) day after
being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

If to Company:

Packet Fusion, Inc.
4301 Hacienda Drive, Suite 400
Pleasanton, CA. 94588
ATTN: Legal

If to Customer:

City of Foster City
610 Foster City Blvd
Foster City, CA 94404

6.7. Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.

6.8. Disputes. Any controversy, dispute or claim arising out of, or relating to, the interpretation of this Agreement shall be first subject to a thirty (30) day negotiation period between the parties in which each party shall disclose to the other all non-confidential documents, facts, statements and any other relevant information which may have any bearing on this dispute. Should such negotiations fail to resolve the dispute, either party may refer the dispute to arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. The decision of the Arbitrator shall be based, exclusively, upon only this Agreement and the information disclosed by the parties during the negotiation period, and the law of the state in which the equipment is located. The Arbitrator’s decision shall be final and binding, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.

6.9. Governing Law; Entire Agreement. This Agreement, will be governed by the laws of the state of the State of California, constitutes the entire Agreement between the parties and supersedes all prior oral and written proposals and communications. This Agreement takes precedence over the language of any implementing Customer purchase order or similar document. No modification to this Agreement is effective unless in writing and signed by both parties.

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

19 5

6.10. Severability. If any provision of this Agreement is found to be illegal or unenforceable, then such provision shall be modified to the minimum extent necessary, in conformance with the intention of the parties, to cure such invalidity or unenforceability, and the remaining provisions shall continue in full force and effect.

6.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Signatures of parties on copies transmitted by facsimile or electronic signature shall be considered as signed original documents.

6.12. Construction; Section Headings. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor or against either party, and that any ambiguity shall not be interpreted against the drafting party. The section headings in this Agreement have been inserted merely for convenience, are not a part of this Agreement, and shall not affect the rights and obligations of the parties or the meaning of the language in this Agreement.

6.13. Survival. Sections 4-6 shall survive the expiration or termination of this Agreement.

Packet Fusion, Inc.

By:

Name: Sarah Ashley
Title: Vice President – Operations & Finance
Date:

City of Foster City
By:

Name: Stacy Jimenez Mayor
ATTEST
By:

Name: Priscilla Schaus, City Clerk

APPROVED AS TO FORM
By:

Name: Benjamin Stock, City Attorney

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

20 6
EXHIBIT 1

ZOOM SERVICES ORDERS

Exhibit 1 is comprised of all Zoom Services Orders entered into between the parties.

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

21 7
EXHIBIT 2

STATEMENT(S) OF WORK

Exhibit 2 is comprised of all SOWs entered into between the parties pursuant to this Agreement.

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

22 8
EXHIBIT 3

ZOOM PHONE NATIVE SERVICES – MANDATE
(MANDATORY FLOW DOWN TERMS)

1. Customer Agreement. Company shall state in writing, in each Customer Agreement, the following word for word, and where the word “Company” appears below, that means the party to this Schedule with Zoom:

Customer Mandate for Zoom Phone Native Services (Confidential Information). a. Customer has directed and mandated Packet Fusion, Inc. (“Company”) to procure the single supply of Zoom Phone Native Service on Customer’s behalf, for the benefit of Customer and its end users (the “Mandate”).
b. Company has entered into an agreement with Zoom pursuant to the Mandate, whereby Company matches the Customer to Zoom, and requests Zoom to provide Zoom Phone Native Service for Customer’s benefit and use.
c. Pursuant to the Mandate, Company is responsible for all contracting, billing, and payment collection on behalf of Zoom and related document administration for and from Customer. d. Per telecommunications regulations, Zoom is the provider of the Zoom Phone Native Services to Customer.

2. Customer Agreement for Zoom Phone Native Service. Company must include the following terms in the Customer Agreement for ordering Zoom Phone Native Service:
a. Zoom Phone Numbering Policy. Customer’s use of Zoom Phone Native Services is subject to the Zoom Phone Numbering Policy published at
https://explore.zoom.us/docs/doc/Zoom-Phone-Numbering- Policy.pdf. b. Zoom Terms and Policies. Customer’s use of the Zoom Phone Native Service is subject to all applicable Zoom Notices & Policies published at https://zoom.us/legal, and the Zoom Reseller Customer Terms of Service published at: https://zoom.us/docs/en-u s/EULA- terms-of-service.html ( notwithstanding the title of such Reseller Customer Terms of Service, they also apply to Customers of partners acting under Mandate). c. Emergency Services.
i. All applicable emergency calling notices and terms as published on Zoom’s website at https://zoom.us/legal apply to Customer’s use of Zoom Phone Native Services.

3. Emergency Services Limitation of Liability. Company must include the following terms in the Customer Agreement for ordering Zoom Phone Native Service:

EMERGENCY SERVICES LIMITATION OF LIABILITY. NOTHING IN THIS CUSTOMER AGREEMENT IS INTENDED TO IMPLY OR CREATE LIABILITY FOR ZOOM FOR:
a. ANY FAILURE OF EMERGENCY SERVICES, OR INABILITY TO REACH OR USE

EMERGENCY SERVICES INCLUDING WITHOUT LIMITATION DUE TO AN OUTAGE OF ZOOM SERVICES; OR THE INABILITY TO PLACE OR COMPLETE EMERGENCY CALLS

FROM ANY ZOOM-ENABLED DEVICE, CUSTOMER LINE, OR CUSTOMER PREMISES,

OR INABILITY TO ACCESS EMERGENCY PERSONNEL

b. ANY FAILURE OF ANY EMERGENCY RESPONDERS TO RESPOND, OR TO RESPOND

TO THE CORRECT LOCATION WHERE THE EQUIPMENT, CUSTOMER, OR CALLER IS PHYSICALLY PRESENT OR WHERE SUCH EMERGENCY SERVICES ARE REQUIRED; AND c. ANY FAILURE OF EMERGENCY SERVICES, OR INABILITY TO REACH OR USE EMERGENCY SERVICES DUE TO CIRCUMSTANCES OUTSIDE OF ZOOM’S CONTROL INCLUDING BUT NOT LIMITED TO: (A) LOSS OF ELECTRICAL POWER; (B) LOSS

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

23 9
OF INTERNET CONNECTIVITY; (C) DEFECTIVE OR MISCONFIGURED EQUIPMENT; (D) NETWORK CONGESTION; (E) DELAYS ASSOCIATED WITH UPDATING THE REGISTERED SERVICE LOCATION; (F) RESTRICTIONS CREATED BY NON-VOICE EQUIPMENT; (G) RELOCATED EQUIPMENT, INCLUDING OUTSIDE OF THE TERRITORY; (H) THE SIMULTANEOUS USE OF ONE LINE WITH MULTIPLE PIECES OF EQUIPMENT; (I) FAILURE OF EMERGENCY RESPONSE CENTERS TO ANSWER AN EMERGENCY CALL; (J) FAILURES OF ANY THIRD PARTIES THAT ARE RESPONSIBLE FOR ROUTING EMERGENCY CALLS; (K) THE USE OF NON -NATIVE TELEPHONE NUMBERS; (L) FAILURE OF ANY EMERGENCY SERVICE PERSONNEL TO CALL BACK DIRECTLY TO

THE NUMBER FROM WHICH AN EMERGENCY CALL WAS MADE OR FAILURE OF EQUIPMENT TO RECEIVE CALLBACKS FROM EMERGENCY SERVICE PERSONNEL; OR (M) NATURAL DISASTERS, FIRES, FLOODS, STORMS, EARTHQUAKES, ACCIDENTS,

WAR, TERRORIST ACTS OR OTHER ACTS OF INSURRECTION, LABOR DISPUTE WITH

REGIONAL IMPACT, OR MALFUNCTION OF UTILITY, COMMUNICATION OR TRANSPORTATION SYSTEMS.

5.2 Attachment 2 - Zoom Services Reseller Customer Agreement

24 Billed To Sold To
Customer: City of Foster City Customer: City of Foster City Contact: Rob Lasky Contact: Rob Lasky
Address 1: 610 Foster City Blvd Address 1: 610 Foster City Blvd Address 2: Foster City, CA 94404 Address 2: Foster City, CA 94404 Email: [email protected] Email: [email protected] Phone: 650-286-3216 Phone: 650-286-3216
Auto Renew: No Quote/Order No: 51585761_CityofFosterCity_" to Initial Paid Subscription Term: 36 Month Quote/Order Date: 11/25/2024 Renewal Subscription Term: N/A Quote/Order Expires: 12/25/2024 Paid Period Start Date: TBD pending contract signing Billing Type: Annual Billing Method: Email
Payment Terms: Net 30
Qty. PFI # PROVIDER # DESCRIPTION List Price Quote Price Ext Price Year 1
57 350098 PAR2-ZP-COMM-1YR-2 Zoom Phone Common Area Only - Annual Tier 45.60$ 37.20$ 2,120.40$ Zoom Phone Pro with Phone Number and
US/Canada Unlimited Calling Plan Annual Tier 3
(100-499 Users). Provides 1 US/CA DID per
1 350119 Zoom Phone Pay as you Go Zoom Phone Pay as you Go -$ -$ -$ Zoom Phone US/Canada Telephone Number Annual Tier 3 43.35$ 12.00$ 1,920.00$ (100-499 Users)
1 350102 USF-FEE Estimated USF Fee -$ 1,246.89$ 1,246.89$ 20,650.89$
Year 2
57 350098 PAR2-ZP-COMM-1YR-2 Zoom Phone Common Area Only - Annual Tier 45.60$ 37.20$ 2,120.40$ Zoom Phone Pro with Phone Number and
US/Canada Unlimited Calling Plan Annual Tier 3
(100-499 Users). Provides 1 US/CA DID per
1 350119 Zoom Phone Pay as you Go Zoom Phone Pay as you Go -$ -$ -$ Zoom Phone US/Canada Telephone Number Annual Tier 3 43.35$ 12.00$ 1,920.00$ (100-499 Users)
1 350102 USF-FEE Estimated USF Fee -$ 1,246.89$ 1,246.89$ 20,650.89$
Year 3
57 350098 PAR2-ZP-COMM-1YR-2 Zoom Phone Common Area Only - Annual Tier 45.60$ 37.20$ 2,120.40$ Zoom Phone Pro with Phone Number and
US/Canada Unlimited Calling Plan Annual Tier 3
(100-499 Users). Provides 1 US/CA DID per
1 350119 Zoom Phone Pay as you Go Zoom Phone Pay as you Go -$ -$ -$ Zoom Phone US/Canada Telephone Number Annual Tier 3 43.35$ 12.00$ 1,920.00$ (100-499 Users)
1 350102 USF-FEE Estimated USF Fee -$ 1,246.89$ 1,246.89$ 20,650.89$
61,952.67$
Qty. PFI # PROVIDER # DESCRIPTION List Price Quote Price Ext Price

HARDWARE
1 999999-1 HT801 HT801 Grandstream ATA -$ 43.05$ 43.05$ 44 100148 SIP-T33G -$ 77.70$ 3,418.80$ 28 100173 SIP-T58W T58W Yealink HD Android Phone with wired handset -$ 304.56$ 8,527.68$ 3 400098 8301 Algo 8301 Paging Adapter Balanced Line Level Scheduler -$ 449.77$ 1,349.31$ 1 999999-2 GXW4216 GXW4216 Grandstream 16 port ATA -$ 408.22$ 408.22$ 13,747.06$

PROFESSIONAL SERVICES
1 LABOR-1 N/A Professional Services (See attached SOW and Costing Detail) -$ 24,650.00$ 24,650.00$ 24,650.00$
Note: This quote does not include applicable taxes and fees. 38,397.06$ 59,047.95$
100,349.73$
T33G Dual-port Gigabit Ethernet 2.4in. 320 x 240-pixel color display with backlight
Year 3 Subtotal
130.20$ 15,363.60$
160 350129 ZP-USCA-TN-100-1YP-2
Year 2 Subtotal
118 350104 ZP-USCA-UN-100-1YP-2 162.00$
130.20$ 15,363.60$
160 350129 ZP-USCA-TN-100-1YP-2
Year 1 Subtotal
118 350104 ZP-USCA-UN-100-1YP-2 162.00$
Grand Total
3 Year Contract Recurring Services Total
4305 Hacienda Drive | Suite #440 | Pleasanton, CA 94588 Packet Fusion, Inc.

Phone (925) 701-2010 | www.packetfusion.com
Hardware Subtotal
Professional Services Subtotal
162.00$

ANNUAL PAYMENT SCHEDULE

ONE TIME PAYMENT ITEMS
One Time Items Total
First Year Total
130.20$ 15,363.60$ 118
160
350104 ZP-USCA-UN-100-1YP-2
350129 ZP-USCA-TN-100-1YP-2

5.2 Attachment 3 - Pricing Summary

25 Special Terms & Notes
https://explore.zoom.us/en/eula-terms-of-service/
The Privacy Policy has been updated and may be found here:
https://zoomgov.com/privacy
Zoom's standard Terms of Service are available here:
https://zoom.us/terms
https://support.zoom.us/hc/n-us/articles/360060661511-Cloud-recording-storage-capacity https://zoom.us/zoomconference/rates
Please note provisioning of Zoom licenses can take 4-7 business days.

Licensee further agrees that any order for public sector customers placed through a Zoom Reseller will be governed by the Zoom Reseller Customer Terms of Service which are found at:

Packet Fusion is a Reseller and Billing entity for the Zoom Services. All services and technical support to be provided directly by Zoom.

Overage charges can be incurred for cloud recording and audio conferencing licenses. Policy and pricing information may be found here:

5.2 Attachment 3 - Pricing Summary

26 Service Provided Hours Cost
Phases to complete project 1 Project Management
Estimated # of weeks to complete project 16 Dedicated Project Manager, project cadence calls,risk mitigation, carrier coordination Number of Service Locations 8
How many solution providers 1 Network Readiness/Enviornment Best Practices UCaaS (Y/N) Y Remote review of current network,guidance on best practices, and depoloyment requirements UCaaS Provider Zoom
Number of UCaaS users 198 Call Flow/System Discovery
Total of phones numbers to port 500 Remote Discovery of system and call flow and design enhancement recommendations Number of Port requests 1
Number of Auto Attendants 26 Core System Configurations Number of phone groups 5 Configuration of sites, users and phone numbers for core system functionality CCaaS (Y/N) N
CCaaS Provider N Call Flow Configurations
Number of CCaaS Agents 0 Remote configuration of call flow including, auto attendants, ring groups/hunt groups Number of CCaasS Supervisors 0
Number of CCaaS call flows 0 User Acceptance Testing
Onsite visits 0 Verification of call flow design, modifications, and final acceptance.

On-Site Pre-field/Survey 0
On-Site Phone Deployment N Training
On-Site ATA's to deploy 0 Remote End user, and System Administrator training and knowledge transfer Paging (Y/N) Y
On-site training required Y On-Site Assistance
On-Site (other) visits N OPTIONAL: End user instructor led training Integrations 0
BYOC (Y/N) N Go-Live
SBC/SBA (Y/N) Y Remote support for Go-Live and post Go-Live. 170 24,650.00$
50 $ 7,250.00
City of Foster City
Cloud Solution Professional Services Costing
Data Input Notes
10 $ 1,450.00
10 1,450.00$
20 2,900.00$
18 2,610.00$
10 1,450.00$
Remote instructor led training. 20 users 1hr per
session. 1 Sys admin/knowlede xfer session 16 2,320.00$ TOTAL:
10 1,450.00$
26 3,770.00$

5.2 Attachment 4 - Professional Services Pricing Detail

27 City of Foster City
Zoom Implementation
Statement of Work
TRUSTED ADVISOR PROJECT: STATEMENT OF WORK
PREPARED BY: PACKET FUSION, INC. SOLUTION ARCHITECT, ERIC HATFIELD PACKET FUSION | 4301 HACIENDA DRIVE, SUITE 400 PLEASANTON, CA 94588

5.2 Attachment 5 - Statement of Work

28 City of Foster City – Statement of Work
2 Packet Fusion, Inc.

Professional Services – Statement of Work
This Packet Fusion Statement of Work for Professional Services (this "SOW") is executed by Packet Fusion, Inc. ("Packet Fusion”), and The City of Foster City (the "Customer'') pursuant to, and is subject to, the Packet Fusion Master Services Agreement execute d by Customer an d Packet Fusion. Capitalized terms used in this SOW but not otherwise defined shall have the respective meanings given to them in the Master Services Agreement.

Stateme nt of Imp leme ntation
The following activities shall be performed in accordance with this Statement of Work and the Master Services Agreement at the location(s) and for the number of users and sites indicated in the attached Appendices:
(Section 1)
Overview Scope of Implementation Completion Criteria Cost 162 Zoom accounts
72 Physical phones (Remotely
Provisioned)
1-16 port & 1- 1 port Analog Adapter
(Remotely Provisioned)
3-IP Page Adapters (Remotely
Provisioned)
Nomadic E911
The primary objective of this
project is the seamless
deployment of a Unified
Communications as a Service
(UCaaS) solution using Zoom.

Successful porting and
go-live completion with
site signoff
$24,650.00
Service Locations
City Hall
Council Chambers
Police Department
Community Center
Recreation Center
Teen Center
Corporation Yard
Sea Cloud Park Maintenance Shed
General Project Management Deliverables
Packet Fusion will provide Project Management for delivery of services, following Packet Fusion’s standard implementation methodology. The Packet Fusion Project Manager will be responsible for the following activities in association with this Statement of Work (SOW).

I. Oversight and facilitation of project timelines and scheduling.

5.2 Attachment 5 - Statement of Work

29 City of Foster City – Statement of Work
3 II. Determine and outline assignment of project resources to implement the Zoom cloud solution. This includes Packet Fusion, COFC, and Zoom resources.

III. Schedule planning sessions to develop an agreed upon deployment strategy.

IV. Schedule discovery sessions with COFC stakeholders to gather required information to complete implementation workbook:
 User and Device Information
 Porting data/information (Direct Inward Dial [“DID”] and Toll-Free Numbers)  Call flow(s)
 Dial plan requirements (as needed)
 Premise Peering (PSTN/PBX) Requirements
 Zoom Phone SSO
 Roles and Permissions
 Location information
 Desktop Phone information
 Call Queues (hunt groups) including call distribution methodology (simultaneous ring, sequential ring, rotating ring, etc.)
 IVR/Auto Receptionist
 Multi-line appearance (typically used by Administrative Assistants).

V. Coordinate project communications and documentation tracking.

VI. Create and maintain project implementation checklist.

VII. Schedule and manage project status meetings: Review of status, change control, issue management, risk mitigation and Go-Live tracking.

VIII. Porting coordination of COFC DID numbers to the Zoom platform.

IX. Schedule UAT sessions: Verifying call flow design and functionality prior to Go-Live confirmation.

X. Packet Fusion PM to validate site Go-Live completed and finalize closure.

Project Deliverables: Packet Fusion
The Packet Fusion team will collaborate planning, discovery, and design sessions with the COFC key stakeholders to gather required information to complete and provide the following deliverables.

I. A Detailed project plan: Establish an outline of project timelines, schedules, and task assignments.

II. Implementation workbook: Document end users, ring groups, roles, class of service, phone numbers and assignments for pre-configuration approval. Upon approval, the Packet Fusion team will configure the Zoom account per approved implementation workbook.

III. Call flow design: Build a visual design of COFC call flow for pre-configuration approval. Upon approval, the Packet Fusion team will configure the Zoom account per approved call flow design.

IV. User Acceptance Test plan: A document of detailed testing procedures to assure adherence to The COFC’s system requirements.

V. Phone number port order: A complete list of numbers to be ported from existing to Zoom for cut over.

VI. Zoom Phone Readiness Review will be conducted for each location/location(s) identified in Section 1(Service Scope and Locations) of this Project Scope of Work to include:
 Wired Network test results
 Wireless Network test results
 The Zoom Phone Readiness review shall contain statistics and metrics on the Customer’s current network environment to ensure Customer’s network is configured for optimal Zoom performance.
 PE will provide recommendations, as needed, to resolve network connectivity issues.

VII. Go-Live Readiness requirements.

VIII. Final solution design report (as built documentation): a comprehensive document detailing system setup, configuration, and knowledge transfer from Packet Fusion implementation team to the COFC system administrators.

Engineering and Integrations
The following services below will be performed if indicated in Section 1 (Service Scope and Locations) of the Project Scope of Work:

I. Analog Telephone Adapter(s) as identified in Section 1 (Service Scope and Locations) of this Project Scope of Work

5.2 Attachment 5 - Statement of Work

30 City of Foster City – Statement of Work
4  Complete Zoom Portal configuration once the Adapters are installed on network by the CoFC team.

II. Paging as identified in Section 1 (Service Scope and Locations) of this Project Scope of Work  Complete Zoom Portal configuration of Zoom-supported paging devices once devices are installed and configured on network by the CoFC team.

III. E911 setup via Zoom’s nomadic E911
IV. Microsoft Teams integration
 Provide COFC with specifications of Zoom’s embedded application for dialing capability.

Carrier Support
The Customer is responsible for authorizing Packet Fusion to assist with telephone number(s) porting and to provide final validation for porting request(s) to new cloud solution. Packet Fusion Project Manager will partner with COFC team to ensure Letter of Authorization (LOA) and Customer Service Record (CSR) are properly gathered and submitted for port order submission.

I. The Packet Fusion Project Manager will manage the submission of port requests and shall coordinate rejections/resubmissions with Customer on a per site basis for up to 30 days from submission.

II. Customer shall provide Packet Fusion with all appropriate Letters of Authorization ("LOA"), billing information, Customer Service Record (CSR) and authorized signer for each location.

III. Packet Fusion PM will compile the port lists and work with your internal team and carrier/s to validate detail against customer service records.

IV. The Packet Fusion PM/IE will collaborate with The COFC and Zoom to validate porting and call forwarding options to determine appropriate implementation plan.

End User Training
Packet Fusion implementation team will provide and coordinate on-site end user and system administration training sessions.

I. End user training will be conducted with the following groups recommended: End users, advanced or power users, supervisors, and administrative users. These will be instructor led train the trainer sessions broken out into 20 users per 1hr session. And they will be recorded. Links to download recordings for future use will be provided.

II. System administration and knowledge transfer training sessions will be provided for COFC system administrators.

NOTE: If on-site instructor-led training is required. CoFC will need to provide a conference or training room large enough for 20 users to have a phone and desktop computer at each location. Additional costs will be required for on-site instructor-led training. See costing for details.

User Acceptance Testing – (UAT)
Once cloud solution configuration is complete, the Packet Fusion project team (PM and Engineer) will coordinate a UAT event to validate and test approved call flow design and end user feature functionality. If changes to call flow design or additional users or features are requested, additional time and material charges will apply and possibly impact agreed upon implementation timeline.

I. Packet Fusion Engineer will partner with Customer site admin to review and test inbound auto attendant configuration and functionality.

II. Packet Fusion Engineer will partner with Customer site admin to review user list and feature functionality and document results via test plan.

III. Post UAT testing Packet Fusion Project Manager and Customer will finalize Go-Live date for proposed site.

Onsite Deployment Services

5.2 Attachment 5 - Statement of Work

31 City of Foster City – Statement of Work
5 I. OPTIONAL: instructor led training. CoFC will need to provide a conference or training room large enough for 20 users to have a phone and desktop computer at each location. Additional costs will be required for on-site instructor-led training. See costing for details.

Go-Live Support & Post Go-Live Adjustments
At Go-Live, Packet Fusion will provide technical support and assistance of any issues for Go-Live and Post Go-Live support.

Customer Responsibilities
The Customer is responsible for aspects not specifically included in this Statement of Work (SOW). Out of scope items include:

I. Phone Deployment: The unboxing, placement and plugging in process will be completed by the CoFC team.

II. Analog Adapters Deployment: CoFC team will unbox, assemble, place, and cross connect new ATA devices. Zoom extensions will be registered to ATA device and connectivity will be verified with Zoom portal by Packet Fusion team.

III. IP Adapters for Paging connection(s): CoFC team will unbox, assemble, place, and cross connect new IP Page devices. Zoom extensions will be registered to ATA device and connectivity will be verified with Zoom portal by Packet Fusion team.

IV. The customers LAN/WAN infrastructure
V. Quality of Service (QoS) configuration
VI. Firewall or Access Control List (ACL) configuration.

VII. Power over Ethernet (POE) port activation/ configuration VIII. Configuration and software installation on customer PCs IX. Decommission and disposal of any legacy equipment.

X. Customization of individual User endpoints or phone settings XI. procure Customer Service Reports (“CSR”) from existing carrier(s) for all locations and accounts requiring porting services, service addresses and Authorized Contacts for each phone bill/ carrier account; and BTN for each phone bill/ carrier account.

XII. Customer understands and agrees that they are responsible for gathering and assembling all data from any legacy systems.

XIII. Customer-side premise trunk configuration, diagnostics, and/or troubleshooting XIV. Customer mobile device configuration, diagnostics, and/or troubleshooting XV. Customer to provide all pre-recorded greetings and prompts.

Note: 911 location functionality requires customer completion of Registered E911 Address and location information to Service Web
Delays and Changes
Changes to this SOW shall be made only in a mutually executed written change order between Packet Fusion and Customer (a "Change Order,") outlining the requested change and the effect of such change on the Services, including without limitation the fees and the timeline as determined by mutual agreement of both parties. Any delays in the performance of consulting services or delivery of deliverables caused by Customer, including without limitation delays in completing and returning Customer documentation required during the call flow design or completing number porting request, may result in an adjustment of project timeline and additional fees. Any changes or additions to the services described in this SOW shall be requested by a Change Order and may result in additional fees.

5.2 Attachment 5 - Statement of Work

32 City of Foster City – Statement of Work
6 5.2
Attachment 5 - Statement of Work

33 Packet Fusion’s Response to the
City of Foster City
Request for Proposal
VOIP Phone System Replacement
Tuesday,
June 4, 2024
Solution Provided By
Packet Fusion
4301 Hacienda Drive, Suite 400, Pleasanton, CA 94588
925-701-2081 | www.packetfusion.com
Points of Contact
Kevin Doohan
925-701-2058
[email protected]
Packet Fusion

5.2 Attachment 6 - Packet Fusion RFP Response

34 4301 HACIENDA DR. | CA 94588 | TEL 925-701-2058 | WWW.PACKETFUSION.COM June 4, 2024

City of Foster City
City Hall
610 Foster City Blvd.

Foster City, CA 94404

Re: Packet Fusion’s Response to the City of Foster City’s Request for Proposal: VOIP Phone System Replacement

Dear Rob Lasky,

Packet Fusion appreciates the opportunity to respond to the City of Foster City (City)’s Request for Proposal (RFP) for VOIP Phone System Replacement. Packet Fusion is proposing Zoom’s solution which fully meets the City‘s requirements of this RFP. Our team has fully considered the City‘s requirements outlined in the Packet Fusion and has carefully put together a solution that will best meet your needs.

Please feel free to contact me directly with any questions or communications that will assist the City in the evaluation of our response. This proposal is valid for 90 days from the date of submission.

Thank you for your time and consideration.

Sincerely,

5.2 Attachment 6 - Packet Fusion RFP Response

35 VOIP Phone System Replacement

TABLE OF CONTENTS
Executive Summary .............................................................................................................. 1 Solution Overview ..................................................................................................................................... 1 Prime Contractor: Packet Fusion .............................................................................................................. 1 Solution Provider: Zoom ............................................................................................................................ 6 Section 2 ................................................................................................................................ 8 Phone Sets ............................................................................................................................................. 11 Application ............................................................................................................................................. 11 Specific Scenarios ................................................................................................................................ 14 Preliminary Inventory............................................................................................................................ 16 SECTION 3 .............................................................................................................................. 17

3.1 Requirement A – General ............................................................................................................... 17

3.2 Requirement B – Pricing Sheet ...................................................................................................... 17 SECTION 4 .............................................................................................................................. 18

4.1 Installation and Integration ............................................................................................................ 18

4.2. Training ........................................................................................................................................... 18

4.3. Maintenance and Support ............................................................................................................. 18 Exceptions ........................................................................................................................... 20 Proposal Form .................................................................................................................... 21 In Summary ......................................................................................................................... 29

5.2 Attachment 6 - Packet Fusion RFP Response

36 VOIP Phone System Replacement
1 EXECUTIVE SUMMARY
Solution Overview
Packet Fusion understands that the City of Foster City is seeking a VoIP Phone System Replacement to modernize their communication and collaboration platform, as the current Mitel system is end of life.. As the Prime Contractor, Packet Fusion has assembled a team for the initiative that includes our Solution Provider, Zoom, as the best solution to meet City’s requirements.

Prime Contractor: Packet Fusion
Packet Fusion’s genesis came from being a Nortel VAR selling Option 81C/61C/11C which then evolved into becoming ShoreTel’s (Mitel acquired ShoreTel) largest VAR in the world. We boasted customers like: Yelp, Twitter, Linkedin, Gensler and the who’s who of the Technology industry. We also have had 100+ government agencies and cities call us home. In your world we have sold, installed and serviced the following:

With the demise of the ShoreTel MiVoice Connect product we have successfully moved over 300 of our customers to the cloud on various products such as Ring Central, 8x8 and , most notably Zoom. We still support 250+ Mitel MiVoice Connect customers actively moving them to the cloud.

5.2 Attachment 6 - Packet Fusion RFP Response

37 VOIP Phone System Replacement

2 When Zoom opened their doors to the reseller community we jumped on the chance quickly becoming one of their shining stars. We are one of 6 Platinum partners which is a testament to our volume with Zoom and more importantly our skillsets within Zoom. Our Zoom Competencies include: Phone & Contact Center.

There are only 3 Platinum partners that are also Zoom Resellers, Packet Fusion is one of them. Most recently we moved the Yuba City and Contra Costa Community College District from MiVoice Connect (ShoreTel) to Zoom Phone.

There are two ways to get to become a Zoom reseller: 1. You come from the data / conferencing background and think Phones, how hard can it be? 2. You come from a storied Telephony back ground and you get into the Zoom ecosystem with eyes wide open.

Our suggestions is work with number 2.

We have been doing this at Packet Fusion for 20+ years and have a firm grasp on what it would take to complete your project. We know what it takes to get this across the finish line. We have itemized our installation and are open to talking about each and every item to make sure we are all on the same page with a true definition of the scope.

5.2 Attachment 6 - Packet Fusion RFP Response

38 VOIP Phone System Replacement
3 5.2
Attachment 6 - Packet Fusion RFP Response

39 VOIP Phone System Replacement
4 We understand the need for any public sector agency to be as cost-conscious as possible in this brave new world of ever-shrinking budgets and resources. However, we know that experience such as ours is invaluable and will be taken into consideration when it comes to ensuring a smooth and successful migration with very best experience.

Installing a new Unified Communications Solution/System is like landing a jumbo jet: it’s a common -place, daily occurrence but if something goes wrong it makes the nightly news. Our expertise remains a career - enhancing experience for all our clients.

We are confident that we have put together a comprehensive response, at an aggressive price point. Most importantly, we have checked/exceeded all the required boxes, as it relates to what is important to the City of Foster City and included everything, from a price perspective, in our Price Proposal:
• Solution Design
o Site Survivability (SBA) – optional and needs further discussion o SBC’s
o Dialplan
o Next Gen 911
o Analog Devices
o Integration with Existing Systems
▪ Azure SSO and Directory Sync
▪ MS Teams
• Project Management
• Implementation/Migration Services/Plan = Phased
o User/Department discovery meetings
o Network Assesments
o Analog Mapping
o POTS lines identifcation

5.2 Attachment 6 - Packet Fusion RFP Response

40 VOIP Phone System Replacement

5 o E911 ERL mapping
o Phone placement
o Analog cross connect
o UAT – User Acceptance Testing
o Training – end user and admin
o Go Live Support
• Ongoing Support
o Dedicated Account Team
▪ Solution Architect
▪ Sr. Technology Advisor
▪ Customer Success Manager

Our Client Success Practice is dedicated to being your advocate and ensuring your complete success.

Packet Fusion will assign a Customer Success Manager to your account which will help LACCD with any of your needs, including insights into the latest technological trends. We're thrilled about the opportunity to partner with you and help you achieve your business goals. Below are a few of the recommended tasks that we can assist with post go live. • Solution Impact Assessment - With your Digital Transformation underway it is an opportune time to assess and evaluate the impact the solution has had within your organization.
• Customer Success – Help progress and initiate feedback on trouble-tickets and open items.
• Tech Stack Assessment - Assist with defining your strategic and business initiatives and developing a technology roadmap.
• Digital Transformation Strategy Plan - Develop and implement a success plan to continue your Digital Transformation
Specific team assignments for the PFI team are made upon selection as the preferred vendor but all of the staff goes through role-specific training curriculum, in addition to company-wide training that covers Zoom products, backend systems as necessary, an d compliance and security information. Packet Fusion employees are all experts in their field and have years of experience providing and implementing Zoom's UCaaS to a variety of customers, including higher education institutions.

5.2 Attachment 6 - Packet Fusion RFP Response

41 VOIP Phone System Replacement

6 Below are projects that our Team has made a success for our clients. Resumes and Interviews will be made available when we get further in the process of your evaluation.

Solution Provider: Zoom
Brief History - Zoom was founded in 2011 to improve how people communicate globally. Numerous web and video conferencing options existed in the market, but it was Zoom’s belief that none of them were intuitive, reliable, and comprehensive for the modern era of work and learning. Now, 13 years later, it can safely be said that Zoom was on to something and is truly delivering happiness to users. Zoom changed how video communications could be delivered and consumed, uniquely architecting the platform to be video-first and compatible with customers’ preferred technology ecosystem.

Zoom also continues to invest resources to enhance the capabilities of the platform. In 2022, Zoom announced Zoom Contact Center, an omnichannel contact center solution that is optimized for video and integrated right into the same Zoom experience. They also released Zoom Whiteboard, a persistent whiteboard tool for team collaboration in and outside of meetings and Zoom IQ for Sales, a conversational intelligence software. In 2023, Zoom Mail and Calendar became generally available, which include both client experiences (Zoom Mail Client, Zoom Calendar Client) and service components (Zoom Mail Service, Zoom Calendar Service). Lastly, they recently launched Zoom Virtual Agent, an AI-powered chatbot that understands customer questions and provides accurate answers quickly.

Zoom is fueled by a single obsession to deliver happiness to Zoom customers. In May 2012, Zoom changed their name to Zoom Video Communications, Inc. In April 2019, they became a publicly-traded company, trading on the Nasdaq Stock Market under the symbol "ZM". More information about the Zoom leadership team is available here: Zoom Team.

5.2 Attachment 6 - Packet Fusion RFP Response

42 VOIP Phone System Replacement

7 Zoom Mission and Vision - Zoom’s mission and vision is One Platform Delivering Limitless Human Connection. Zoom makes communications frictionless and empowers people to accomplish more through video communications. Zoom is constantly innovating the platform to deliver the best user experience in the market. Zoom releases hundreds of capabilities across the Zoom unified communications platform every year, and many of the innovations and features on Zoom’s roadmap are based on customer requests. They strive to deliver a platform structured around delivering the best possible service for customers. Zoom delivers happiness to customers with:

▪ A simple, easy-to-use platform
▪ 100% cloud-native, hardware agnostic
▪ Global quality of service
▪ Robust mobile functionality
▪ Developer-friendly open APIs

Awards and Recognition - Zoom is a Leader in the 2023 Gartner® Magic Quadrant™ for Unified Communications as a Service, Worldwide. Industry analysts continue to recognize Zoom’s market leadership and Zoom feels Gartner recognition reflects the ongoing dedication to the innovation of Zoom’s UCaaS offerings, which include Zoom Team Chat, Zoom Phone, Zoom Meetings, Zoom Whiteboard, and AI. In 2022, the Gartner Magic Quadrant for Meeting Solutions was rolled into the Unified Communications as a Service (UCaaS) Magic Quadrant, which now includes enterprise telephony, meetings, unified & instant messaging, mobility, and communications-enabled business processes. Zoom was named a Leader in the Gartner Magic Quadrant for Meeting Solutions six times, and this is the fourth time in a row Zoom has been named a Leader in the Gartner Magic Quadrant for UCaaS. To view a complimentary copy of the report, see https://explore.zoom.us/en/gartner-ucaas. Zoom was also awarded No. 7 in Workplace in Fast Company's Most Innovative Companies 2024 and named to Fortune’s 2023 Most Admired Companies list for the third year in a row.

5.2 Attachment 6 - Packet Fusion RFP Response

43 VOIP Phone System Replacement

8 SECTION 2

1. The City expects that the system will support standard telephone feature sets. These include but are not limited to:
(1) Call Forward-Busy
Yes, manage personal call handling rules to redirect calls to internal users and external phone numbers when a phone user is busy.

(2) Call Forward-No Answer
Yes, personal call handling rules to redirect calls to internal users and external phone numbers when a phone user does not answer.

(3) Call Forward-All Calls
Yes, personal call handling rules to redirect calls to internal users and external phone numbers for all incoming calls.

(4) Call Hold
Yes, Call Hold easily places and retrieves calls on-hold from Zoom apps and supported desk phones.

(5) Call Logging (full Call Accounting is not necessary) Call detail logs are kept per call in the Zoom admin portal. Zoom Phone dashboard logs the following data: Call Volume, Average call quality, Device type, Voice Codec, ISP, and Network. For each call Zoom logs Bitrate, Packet Loss Average, Packet Loss Max, Jitter, Network Delay, and MOS score for send and receive. Real-time monitoring can be viewed in the Zoom Portal under the Zoom Phone dashboard and call logging features.

(6) Reporting for Call Blocking/Dropped Calls
Zoom’s quality of service dashboard allows users to see the overall quality of voice calls, using Mean Opinion Score (MOS) as the main measurement to report on voice quality. Administrators can quickly visualize and evaluate the health and performance to stay on top of potential network-related quality issues (Including things such as MOS, Latency, Jitter, Packet Loss, Device type, Connection type, and throughput).

In addition to call statistics, the Zoom dashboard reports also provide administrators with detailed call blocking logs and report codes (spam, nuisance, other).

(7) Call Park
Yes, place a call-in park and retrieve it from another Zoom Phone endpoint.

(8) Call Transfer
Yes, supervised and blind transfer capabilities ensure a user can easily route calls to the right person anytime, anywhere.

5.2 Attachment 6 - Packet Fusion RFP Response

44 VOIP Phone System Replacement

9 (9) Call Waiting Indication
Yes, there will be an indication for call waiting.

(10) Dial-by-name Directory
Yes, a dial-by-name directory can be enabled by account or by site, allowing callers to easily reach colleagues by entering a first or last name. After performing a search, the caller can route to the phone user. A user needs to route to the dial-by-name directory from an IVR system.

(11) Redial
Yes, the Zoom Phone softphone has a history tab where dialed numbers can be found and redialed.

(12) Account Code for International Access
Zoom does not support access codes. Restrictions, such as long distance calling, can be turned on/off for each user account through Administrator settings.

(13) Outbound Caller ID
Yes, Zoom Phone supports the ability to customize the Caller ID (phone number) presented to the person a user is trying to reach. Users may select their own personal DID, a company main number, or even another user’s phone number if that privilege has been appropriately delegated, or they can choose to hide their Caller ID, causing the number to come through as "unknown". Caller ID can be set in the Zoom Portal.

(14) Incoming Caller ID
Yes, when using the Zoom desktop client or mobile app to receive calls, Zoom displays caller information to help users identify how the caller was routed to their number (for example, direct number, company number, or call queue).

All inbound call notifications display the caller's name and number. The name and number will vary based on if the caller is internal or external.

(15) Music on Hold
Yes, Zoom provides default hold music, or custom music recorded using a computer's audio device (.mp3 or .wav format) can be uploaded for the entire company, as well as for each individual user or call queue. This applies when a user is using the Zoom desktop client, mobile app, or a desk phone provisioned by the admin. These files are stored in the Asset Library, a centralized space to upload and share company-approved audio files, including greetings, music on hold, prompts, and more. With the ability to save up to 1,000 files, admins can quickly locate files using asset details such as language, upload time, or category, and bulk assign default audio prompts at site or account levels, as well as easily provision and manage audio files for the entire organization.

(16) Internal 4 digit dialing
Yes, Internal dial plans consist of optional site codes (1-6 digits) and user extensions (up to 15 digits).

Site codes cannot begin with a 0. If site codes are enabled user extensions are limited to 10 digits.

5.2 Attachment 6 - Packet Fusion RFP Response

45 VOIP Phone System Replacement

10 Calls within a site can be made by dialing only an extension. Calls between sites must be made by dialing the site code + extension.

(17) Auto Attendants (voicemail trees)
Yes, Integrated Voice Response (IVR)/Auto-attendants are supported. Zoom auto receptionists answer calls with a personalized recording and routes calls to a phone user including adding a dial-by-name directory as part of the IVR system, or call queue. Admins can also set up an auto-receptionist to route to an IVR system to provide callers with several routing options. Calls can be directed to users, other auto attendants, queues, voicemail boxes, etc. For example, admin could offer greeting options: “For English, press One”; “Para Español, presione dos”) and then assign 1 to transfer to the English Call Queue, and 2 to transfer to a second Spanish Call Queue.

2. E911 configurability that allows defining address and location inside building for each phone.

Describe how this would work when using softphone or Teams.

Zoom Phone’s Nomadic E911 service supports various emergency calling scenarios. Admins can set default emergency locations and sublocations for all building phones, enable dynamic location detection and reporting when roaming, and set a prompt in the client to confirm location in case of an emergency call.

As an organization migrates to a cloud phone solution, Zoom Phone’s Nomadic E911 service helps support compliance with several Federal Communications Commission (FCC) regulations, including:

▪ Kari’s Law, which requires multi-line telephone systems (MLTS) to support direct dialing of 911 without any prefix or access code and requires designated personnel to be alerted in the event an emergency call is placed.
▪ RAY BAUM's Act, which requires that information such as street address, building number, floor number, and suite are included in the dispatchable location information provided to public safety at the time of a 911 call.

The MS Teams integrated solution is also fully compatible with Zoom’s E911 solution and capabilities.

3. Vendor will be expected to coordinate the seamless porting of current DID numbers to new system.

The Customer is responsible for authorizing Packet Fusion to assist with telephone number(s) porting and to provide final validation for porting request(s) to new cloud solution. Packet Fusion Project Manager will partner with COFC team to ensure Letter of Authorization (LOA) and Customer Service Record (CSR) are properly gathered and submitted for port order submission.

I. The Packet Fusion Project Manager will manage the submission of port requests and shall coordinate rejections/resubmissions with Customer on a per site basis for up to 30 days from submission.

II. Customer shall provide Packet Fusion with all appropriate Letters of Authorization ("LOA"), billing information, Customer Service Record (CSR) and authorized signer for each location.

III. Packet Fusion PM will compile the port lists and work with your internal team and carrier/s to validate detail against customer service records.

IV. The Packet Fusion PM/IE will collaborate with The COFC and RingCentral to validate porting and call forwarding options to determine appropriate implementation plan.

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11 Phone Sets

4. Built-in network switch that allows daisy-chaining PC from phone at 1Gbps.

Comply – the proposed Poly/HP phone models included in the BOM and pricing allow for this with 1Gbps pass through.

5. Compatibility with QOS.

Comply – all phones being provided will accept and comply to network QOS settings.

6. Phones should be POE. Please provide the POE standard (POE, POE+, etc.) and wattage used by phone sets.

The Polycom Edge 100 and Edge 320 are conference phones designed to use Power over Ethernet (PoE).

The power consumption and PoE class for these devices are as follows:

1. Polycom Edge 100:
• Power Consumption: Typically around 5.5 watts.
• PoE Class: Class 2. This class provides up to 6.49 watts of power.

2. Polycom Edge 320:
• Power Consumption: Typically around 12 watts.
• PoE Class: Class 3. This class provides up to 15.4 watts of power.

These values ensure that the devices receive adequate power for optimal performance while connected to a PoE-enabled network switch or injector.

7. Provide costs for wall-mount kits for each phone type proposed.

The price of the wall-mount kits vary by phone model, but a good budgetary figure for is roughly $40/each

Application

8. Softphone capability with Windows, iOS, and Android app.

Zoom offers a softphone client within the Zoom desktop and mobile applications, and Zoom Phone is designed with the softphone as a primary part of the Zoom application. The application works on MAC OS, Windows, Linux, Android and IOS devices, and features a phone tab for voice integration. Staff can use the softphone client on their work-issued laptops and have all the same functionality as they would in the office.

With Zoom’s mobile app, users have all the functionality of their work phone system right in their pocket, including the ability to call contacts, access voicemails, and transfer calls to other users or devices. Users can also forward calls from a desk phone to their mobile device, ensuring that they never miss a call when they’re away from their desk. End-users also have a Web-Based Self Service Portal.

9. Single-Sign-On for app login that supports SAML/Azure AD.

To authenticate Zoom users as they log into the client, Zoom offers a single sign-on (SSO) feature based on SAML 2.0 that creates a safe and quick login process. Single sign-on allows users to log in using their company credentials. Users do not need to register as a user in Zoom. Once Zoom receives an SAML response from the Identity Provider (IdP), Zoom checks if this user exists. If the user does not exist, Zoom creates a user account automatically with the received name ID. Zoom can map attributes to provision a user to a different group with feature controls. Zoom single sign-on (SSO) is based on SAML 2.0. Zoom

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12 works with Okta as well as other enterprise identity management platforms such as Centrify, Microsoft Active Directory, Gluu, OneLogin, PingOne, Shibboleth, and many others.

If SSO cannot be used, Zoom recommends using two-factor authentication (2FA) to still add an extra layer of security to the process. Both of these options require initial setup from administrators. Users can also log in via an OAuth process, which allows admins to approve one application — such as for Google or Facebook — which interacts with Zoom on the user's behalf, so they don’t have to manually enter passwords.

Customers can also use their SSO solution for implementing multi-factor authentication (MFA). Zoom acts as the Service Provider (SP) and offers automatic user provisioning. The customer does not need to register as a user in Zoom. Once Zoom receives an SAML response from the Identity Provider (IdP), it checks if this user exists. If the user does not exist, Zoom creates a user account automatically with the received name ID. In addition to SSO, the Zoom client supports authentication by username and password. For Zoom Contact Center, while a Zoom account can be provisioned via SAML, assigning a license/role (agent, supervisor, admin) is currently manual.

10. Microsoft Teams integration. The City prefers a system that can use Microsoft Teams to answer and make calls. It is acceptable if your solution has its own client app, but solutions that offer a Teams integration will be given preference.

With Zoom’s Microsoft Teams marketplace integration, an organization can seamlessly incorporate Zoom Phone into existing workflows. Users can make Zoom Phone calls without ever leaving the Teams app, starting calls with contacts directly from chat. Admins can simplify user provisioning through Azure Active Directory integration. To place a call from a 1:1 chat, users click the Zoom icon beneath the text box, select “Make a call,” and follow the prompts. Users can also place calls from a group chat or channel by searching for the specific member before clicking the Zoom icon. When users are In a channel with a bot, Zoom automatically lists all the contacts eligible for Zoom Phone calls when “Make a call" is selected. Users can also use the dial pad to make external calls, view dialing history, and search for contacts. The integration can be pinned to the app bar in Teams, making it even easier to place a Zoom Phone call. When the user initiates a call from Microsoft Teams using this integration the user can select the desired number for the party they wish to reach. Upon selecting the number initiating the call, the Zoom Client will launch, enabling the user to complete the call while maintaining all features of the Zoom platform. Capabilities also include:

▪ Call control menu
▪ History tab with additional details on lines and call queues ▪ SMS
▪ Ability to forward calls
▪ Ability to opt in/out of shared line
▪ Speed dials

11. Twinning – Allow users to set up simultaneous ring for incoming calls to both their desk phone/softphone and cell phone. The operation should allow end users on an active desk phone call to select an option to move the call to their cell phone.

End-users can select the call handling ring mode of "Simultaneous" to ring the Zoom app and specified devices at the same time. After selecting this option, edit the Call Handling setting to specify the routes. If a

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13 user sets the Call Handling Ring Mode to Simultaneously, use the toggles to enable or disable each option.

An organization can customize how calls are routed during business hours. The devices supported include:

▪ supported hardware phones
▪ mobile application
▪ workstation application
▪ PSTN numbers.

12. Ability to receive and send SMS via DID number (OPTIONAL) Zoom Phone SMS enables consolidation of business-related SMS. Zoom Phone Metered, US & Canada Unlimited, Business Plus, and Global Select users can send and receive SMS with any U.S. or Canadian telephone number domestically, and international countries from (select) internal telephone numbers. This also allows increased security and granular controls around company messaging as well as holistic usage and charge reporting. In addition, Zoom Phone "Team SMS" allows a call queue to transfer text responses between team members, reducing duplicate responses and providing an escalation path. Windows, macOS, Linux, Android, iOS users with Zoom Phone Pro licenses can use their assigned direct phone numbers to send or receive text messages (SMS and MMS).

13. Click to dial from Outlook contacts or phone numbers on websites (OPTIONAL) Zoom Phone users can enable the click-to-dial feature to automatically dial a number by clicking on the phone number. Click-to-dial works on applications that support hyperlinks, like browsers, email/calendar clients, and Microsoft Office. These links must be tagged with the "callto" or "tel" protocols for click-to-dial to work.

14. Ad hoc Call Recording – the system should allow calls to be recorded On-Demand and allows easy access to retrieving these recordings. Does the ad hoc recording solution record calls from the beginning of the call or at the time a button is pressed?
Zoom Phone offers both ad-hoc call recording for users and automatic call recording for users and call queues. Zoom Phone administrators have the ability to enable automatic call recording for any or all (inbound and outbound, internal and external) calls, and can also enable or disable users’ ability to access, download, or delete their automatic call recordings. Zoom Phone admins can report on metrics for call recordings, including the number of recordings, the number of minutes, and the amount of storage capacity used. Administrators can also set a threshold and get alerted when capacity nears that number. With auto- recording, no action is needed on the user's part. For ad hoc recording, the recording begins when the button is pressed. Recordings are saved in MP3 format, and a prompt can be played to call participants when the recording has started.

15. Voicemail delivery to user via email. Can deleting from Outlook also delete the message from the voicemail system?
Yes. For those who prefer reading to listening, Zoom Phone Voicemail is automatically transcribed in all available locations and can be e-mailed with an audio file attached as well. Emails can be automatically sent to anyone who is granted access to a specified voicemail. Admins can also enable “forward to email” which allows admins to type any email address as a destination for shared voicemails (such as call queue or auto receptionist) - the destination email does not have to be a Zoom user. Admins have full control over how detailed the emails are; by default, the emails include transcription and an attached audio file.

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14 Voicemails are synced between the Zoom desktop client and mobile app. This includes the notification icon (red circle icon). For example, if a user plays a new voicemail message in the desktop client, it will also remove the notification icon on the mobile app. However, this is not connected to deleting the email from Outlook.

16. Application should provide context-sensitive user help, as well as a searchable full-system help function.

Zoom offers a variety of self-support tools to ensure answers are at end user's fingertips, including:

▪ Search the Zoom Knowledge Base – Troubleshoot technical issues and access support resources by searching Zoom knowledge base articles.
▪ Chatbot: Get answers to questions and troubleshoot technical issues by interacting with the Zoom chatbot.
▪ Billing & Payment – Find answers to common questions about subscriptions, payment methods, and taxes.
▪ Zoom Status – Check Zoom Cloud Status for current service status and maintenance periods for all Zoom Products.
▪ Community – A place to find solutions, ask questions, and collaborate with other Zoom Users. ▪ Learning Center – Users can become qualified Zoom experts with on-demand and live training options.

Specific Scenarios

17. Call Coverage – The Police Department has a unique operation for answering calls. During workhours, Police Records answers the main department line via a hunt group. When Police Records staff leave, they forward the hunt group to Police Dispatch so calls to the department number never go unanswered nor to voicemail. Please describe any limitations of the system to provide this feature.

This is available via the current solution’s functionality. The Police Records number can be forwarded based on office hours as Zoom has custom forwarding rules so it will always be answered. Zoom Phone allows users to define custom forwarding rules based on their individual requirements and different call routing rules can be configured for open/closed (aka business hour and after hours), and holiday hours per item. These changes can be made in the Zoom Portal. Call forwarding can be based on normal business hours separately from after-hours as defined by the user. Users can also set business hour (and after hour) rules for their individual call handling and voicemail messaging.

18. Call Park – The Police Department answers calls to the Police Department’s department lines via 4 analog lines from our Shoretel system connected to the 911 PBX. They use call transfer via hook flash as well as call park via hook flash to park a call while they alert officers via radio to pick up the parked call slot.

Describe how they could use this feature and know what park slot the call is in. Describe what happens if the parked call is not picked up.

Call park is especially helpful for users managing heavy call volumes that need to efficiently transfer calls to people who may not be at their assigned extensions such as officers on duty. Call park allows phone users to place a call on hold and let another phone user resume the call from any phone or Zoom client including softphone or mobile devices. After parking a call, Zoom Phone generates a retrieval code. The department

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15 can provide the retrieval code to officers via radio then any other phone user can use the retrieval code to resume the call.

Admins can set routing rules if parked calls are not answered after a specified amount of time. Learn more here: https://support.zoom.us/hc/en-us/articles/360042175291-Using-call-park

19. Outbound Caller ID – Ability to assign outgoing caller ID individually by station. Most of our lines send out the DID number for caller ID. For example, the Police Department may need to send out the department number only, while the accounting and finance groups may choose to send out their own DID number on outgoing calls. We may also need to send no Caller ID info for certain users (Detectives, for example).

Yes, Zoom Phone supports the ability to customize the Caller ID (phone number) presented to the person the caller is trying to reach. Users may select their own personal DID, a company main number, or even another user’s phone number if that privilege has been appropriately delegated. Caller ID is capable of being customized to a number delegated to that user such as a station or department number. Users such as detectives can choose to hide their Caller ID, causing the number to come through as "unknown".

Caller ID can be set in the Zoom Portal. The main company number is chosen during the initial setup. If a user has a direct number assigned to a phone user, call queue, common area phone, auto receptionist, or Zoom Room, they can assign it to the main company number and main auto receptionist. Note: A user can also re-assign a number between phone users, call queues, common area phones, auto receptionists, or Zoom Rooms. Additional details are available here: https://support.zoom.us/hc/en- us/articles/360031768431-Frequently-asked-questions-about-caller-ID.

20. Overhead Paging – The City has Valcom or Bogen units at each of our buildings, and the phone system must be able to interface with them. The Valcom unit at City Hall is multi-zone (one zone for each of our 3 floors, and one for all floors)
Zoom supports analog devices via analog telephony adaptors (ATA) or analog gateways for paging and faxing use cases. Paging with third party hardware is handled by assigning it as a generic SIP device in the Zoom portal, as long as it supports TLS 1.2 and SRTP. Zoom has both experience with and guides for interconnecting Valcom and Bogen hardware for paging.

21. Faxing – Provide your solution for migrating fax capabilities and the costs associated. Explain if this is included in the IP Telephony solution or is an additional service. Can the City keep physical fax machines with your solution? Will we be able to port over the fax numbers from AT&T 1MB lines? Zoom offers a fax over VoIP service that connects a traditional fax machine to the Internet via an analog terminal adapter (ATA). For occasional faxing, many Zoom business customers find these best-effort fax services to be cost-effective and more than adequate to serve their needs. Zoom encourages customers to assess faxing needs to select the best option for their business. Zoom cares about providing customers with quality services that meet their business needs. If a business heavily relies on regularly faxing large, multi-page documents, then Zoom recommends maintaining an analog line and a traditional fax machine for reliable and consistent performance.

Additionally, Zoom has partnered with FaxSIPit to provide electronic and analog faxing support to customers. This is a separate solution from Zoom, but to the end-user, will appear inside the Zoom client

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16 for ease of use. More information is available here: https://www.faxsipit.com/zoom/. Note that faxing has known limitations when implemented as a fax over VoIP service. These limitations are technology-based and industry-wide. Zoom and several VoIP companies use the G.711 standard for sending faxes over the Internet. Although that standard is considered reliable, it is still open to interpretation by various providers and cannot be maintained on an end-to-end basis.

The City can keep physical machines and Zoom would connect via ATA and porting of fax numbers is available.

22. Analog – Provide your solution for providing analog lines for devices such as fire alarms, or elevator call boxes.

Zoom supports analog endpoints via an analog telephone adaptor (ATA). Zoom encourages organizations to leverage traditional analog lines for Fire Alarms, elevators and any other life safety equipment. While Zoom supports analog devices via analog telephony adaptors (ATA), Zoom does not support the devices, or applications connected to Analog Telephone Adaptors (ATA).

Comply - We have included the to connect to these devices.

Preliminary Inventory
These counts are preliminary and will be finalized during agreement negotiations Phone set + full feature set 45
Phone set + no feature set (for conf rooms,
lunch rooms, etc.)
48 Softphone + full feature set 96
Fax 15
Other Analog 9

Comply and understood.

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17 SECTION 3

3. Proposal Submittal Requirements - below are all the items that must be submitted by the Vendor. Any Vendor who fails to include responses to the following requirements shall be deemed non-responsive.

3.1 Requirement A – General

3.1.1. Proposed Timeline for Implementation
Typically, we would work with the customer at the kickoff of the project to determine a mutually agreed timeline based on our expertise and the customer’s desired go live date. With a project of this size, a good timeline would be about 6-8 weeks from contract signing, but can be done faster.

3.1.2. Copy of proposed Maintenance Contract which includes support options Being that this is a cloud-based solution, all maintenance is already included in the monthly or annual subscription costs.

3.2 Requirement B – Pricing Sheet

3.2.1. Upfront Hardware Cost (including freight and tax) Please see attached Pricing Sheet – Hardware Quote

3.2.2. Upfront Software Licensing/Subscription Cost
Please see attached Pricing Sheet – Subscription Cost

3.2.3. Ongoing Annual Maintenance/Subscription Cost
This is included in the above mentioned Subscription Cost – no additional charge

3.2.4. All Professional Services Costs (See Section 4)
Please see the attached Packet Fusion – Zoom Implementation SOW and Pricing

3.2.5. Additional Modules/Components Price(s) (Optional) The only component that would like to discuss with the City is the survivability options, as brought to light in Addendum 1. There are a few ways to provide this which will be based on the City’s current network and willingness to design. That said, we look forward to speaking more in-depth before providing pricing.

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18 SECTION 4

4.1 Installation and Integration
Vendor shall be responsible to install and integrate all software/components to complete the system to ‘final acceptance’ by the City. The City shall determine the final decision on the installation work to be done by whom and when.

Please see the attached Packet Fusion – Zoom Implementation SOW and Pricing for complete details.

4.2. Training

4.2.1. Vendor shall do knowledge transfer to City Project Team during the course of the implementation.

Please see the attached Packet Fusion – Zoom Implementation SOW and Pricing for complete details.

4.2.2. Vendor shall provide pricing for an administrator training session for all designated system admins.

Vendor shall propose suggested length of administrator training sessions for each purchased module, Please see the attached Packet Fusion – Zoom Implementation SOW and Pricing for complete details.

4.2.3. Vendor shall provide pricing for in-person and/or virtual training for end users of the proposed system. Please include: the length (in hours) of the training sessions for each purchased module, the suggested maximum number of participants for each class, and whether users will be expected to have a PC available to be hands-on during training.

Please see the attached Packet Fusion – Zoom Implementation SOW and Pricing for complete details.

4.3. Maintenance and Support
Vendor shall submit a three year maintenance pricing structure so the City can prepare the necessary budget. Vendor shall detail what the maintenance/support contract covers – vendor responsibility and city responsibility.

Zoom’s Access support is reflected in licensing fees. Zoom offers access to a wealth of support tools and expertise, including 24/7 access to our Global Support Centers and the Zoom Learning Center, local language support, and Zoom status notifications. Additional support options, such as priority response, will vary based on account type, user type, and how the account is configured. Zoom’s Access support includes self-help support for any users and also a dedicated ticket system for account administrators. Zoom Access support also includes the following for all hosts and account administrators: 24x7 help center access, self- service access to search Zoom's highly detailed help center (https://support.zoom.com/hc/en) which includes FAQ and technical support articles; and Frontline Tier 1 support that includes agent chat and ticket submission.

Additionally, Zoom offers a variety of self-support tools to ensure answers are at end user's fingertips, including:

▪ Search Zoom Knowledge Base – Troubleshoot technical issues and access support resources by searching Zoom knowledge base articles.
▪ Chatbot: Get answers to questions and troubleshoot technical issues by interacting with the Zoom chatbot.

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19 ▪ Zoom Status – Check Zoom Cloud Status for current service status and maintenance periods for all Zoom Products
▪ Community – A place to find solutions, ask questions, and collaborate with other Zoom Users. ▪ Learning Center – Users can become qualified Zoom experts with on-demand and live training options.

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20 EXCEPTIONS
(If applicable) List here.

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21 PROPOSAL FORM
Please see PacketFusion’s completed Proposal Form for quote details as separate attachments or below.

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22 5.2
Attachment 6 - Packet Fusion RFP Response

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23 City of Foster City
Zoom Implementation
Statement of Work

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24 TRUSTED ADVISOR PROJECT: STATEMENT OF WORK
PREPARED BY: PACKET FUSION, INC. SOLUTION ARCHITECT, ERIC HATFIELD PACKET FUSION | 4301 HACIENDA DRIVE, SUITE 400 PLEASANTON, CA 94588 Packet Fusion, Inc.

Professional Services – Statement of Work
This Packet Fusion Statement of Work for Professional Services (this "SOW") is executed by Packet Fusion, Inc. ("Packet Fusion”), and The City of Foster City CoFC (the "Customer'') pursuant to, and is subject to, the Packet Fusion Master Services Agreement executed by Customer and Packet Fusion. Capitalized terms used in this SOW but not otherwise defined shall have the respective meanings given to them in the Master Services Agreement.

OPTIONAL
Nomadic E911
The primary objective of
this project is the seamless
deployment of a Unified
Communications as a
Service (UCaaS) solution
using Zoom.

Successful porting
and go-live
completion with site
signoff
See Pricing
Proposal

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25 Service Locations Cost
City Hall
See
Pricing
Proposal
Council Chambers
See
Pricing
Proposal
Police Department
See
Pricing
Proposal
Community Center
See
Pricing
Proposal
Recreation Center
See
Pricing
Proposal
Teen Center
See
Pricing
Proposal
Corporation Yard
See
Pricing
Proposal
Sea Cloud Park Maintenance Shed
See
Pricing
Proposal
General Project Management Deliverables
, ’
standard implementation methodology. The Packet Fusion Project Manager will be responsible for the following activities in association with this Statement of Work (SOW).

I. Oversight and facilitation of project timelines and scheduling.

II. Determine and outline assignment of project resources to implement the Zoom cloud solution. This includes Packet Fusion, COFC, and Zoom resources.

III. Schedule planning sessions to develop an agreed upon deployment strategy.

IV. Schedule discovery sessions with COFC stakeholders to gather required information to complete implementation workbook:
• User and Device Information
• ( [“ ”] -Free Numbers)
• Call flow(s)
• Dial plan requirements (as needed)
• Premise Peering (PSTN/PBX) Requirements
• Zoom Phone SSO
• Roles and Permissions

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26 • Location information
• Desktop Phone information
• Call Queues (hunt groups) including call distribution methodology (simultaneous ring, sequential ring, rotating ring, etc.)
• IVR/Auto Receptionist
• Multi-line appearance (typically used by Administrative Assistants).

V. Coordinate project communications and documentation tracking.

VI. Create and maintain project implementation checklist.

VII. Schedule and manage project status meetings: Review of status, change control, issue management, risk mitigation and Go-Live tracking.

VIII. Porting coordination of COFC DID numbers to the Zoom platform.

IX. Schedule UAT sessions: Verifying call flow design and functionality prior to Go-Live confirmation.

X. Packet Fusion PM to validate site Go-Live completed and finalize closure.

I. A Detailed project plan: Establish an outline of project timelines, schedules, and task assignments.

III. Call flow design: Build a visual design of COFC call flow for pre-configuration approval. Upon approval, the Packet Fusion team will configure the Zoom account per approved call flow design.

IV. User Acceptance Test plan: A document of detailed testing procedures to assure adherence to The ’ .

V. Phone number port order: A complete list of numbers to be ported from existing to Zoom for cut over.

VI. Zoom Phone Readiness Review will be conducted for each location/location(s) identified in Section 1(Service Scope and Locations) of this Project Scope of Work to include:
• Wired Network test results
• Wireless Network test results
• The Zoom ’
’ Zoom
performance.
• PE will provide recommendations, as needed, to resolve network connectivity issues.

VII. Go-Live Readiness requirements.

Engineering and Integrations
The following services below will be performed if indicated in Section 1 (Service Scope and Locations) of the Project Scope of Work:

I. Analog Telephone Adapter(s) as identified in Section 1 (Service Scope and Locations) of this Project Scope of Work
• Complete Zoom Portal configuration once the Adapters are installed on network by the CoFC team.

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27 II. Paging as identified in Section 1 (Service Scope and Locations) of this Project Scope of Work • Complete Zoom Portal configuration of Zoom-supported paging devices once devices are installed and configured on network by the CoFC team.

III. E911 setup via Zoom’
IV. Microsoft Teams integration
• Z ’ capability.

V. The Packet Fusion Project Manager will manage the submission of port requests and shall coordinate rejections/resubmissions with Customer on a per site basis for up to 30 days from submission.

VI. Customer shall provide Packet Fusion with all appropriate Letters of Authorization ("LOA"), billing information, Customer Service Record (CSR) and authorized signer for each location.

VII. Packet Fusion PM will compile the port lists and work with your internal team and carrier/s to validate detail against customer service records.

VIII. The Packet Fusion PM/IE will collaborate with The COFC and Zoom to validate porting and call forwarding options to determine appropriate implementation plan.

End User Training
Packet Fusion implementation team will provide and coordinate on-site end user and system administration training sessions.

II. System administration and knowledge transfer training sessions will be provided for COFC system administrators.

I. Packet Fusion Engineer will partner with Customer site admin to review and test inbound auto attendant configuration and functionality.

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28 II. Packet Fusion Engineer will partner with Customer site admin to review user list and feature functionality and document results via test plan.

III. Post UAT testing Packet Fusion Project Manager and Customer will finalize Go-Live date for proposed site.

Onsite Deployment Services
I. OPTIONAL: instructor led training. CoFC will need to provide a conference or training room large enough for 20 users to have a phone and desktop computer at each location. Additional costs will be required for on-site instructor-led training. See costing for details.

Go -Live Support & Post Go -Live Adjustments
At Go-Live, Packet Fusion will provide technical support and assistance of any issues for Go-Live and Post Go-Live support.

Customer Responsibilities
The Customer is responsible for aspects not specifically included in this Statement of Work (SOW).

Out of scope items include:

I. Phone Deployment: The unboxing, placement and plugging in process will be completed by the CoFC team.

IV. The customers LAN/WAN infrastructure
V. Quality of Service (QoS) configuration
VI. Firewall or Access Control List (ACL) configuration.

VII. Power over Ethernet (POE) port activation/ configuration VIII. Configuration and software installation on customer PCs IX. Decommission and disposal of any legacy equipment.

X. Customization of individual User endpoints or phone settings XI. (“ ”) ( ) accounts requiring porting services, service addresses and Authorized Contacts for each phone bill/ carrier account; and BTN for each phone bill/ carrier account.

XII. Customer understands and agrees that they are responsible for gathering and assembling all data from any legacy systems.

Note: 911 location functionality requires customer completion of Registered E911 Address and location information to Service Web

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29 Delays and Changes
Changes to this SOW shall be made only in a mutually executed written change order between Packet Fusion and Customer (a "Change Order,") outlining the requested change and the effect of such change on the Services, including without limitation the fees and the timeline as determined by mutual agreement of both parties. Any delays in the performance of consulting services or delivery of deliverables caused by Customer, including without limitation delays in completing and returning Customer documentation required during the call flow design or completing number porting request, may result in an adjustment of project timeline and additional fees. Any changes or additions to the services described in this SOW shall be requested by a Change Order and may result in additional fees.

IN SUMMARY
Packet Fusion and Zoom appreciate the opportunity to offer this solution for City’s initiative.

The Packet Fusion Team has proposed a superior and cost-effective solution that fully complies with City’s requirements set forth in VOIP Phone System Replacement. We understand the importance of your project goals, and we are confident you will benefit from this solution and our expertise.

Packet Fusion looks forward to the opportunity to speak with you regarding the details of this proposal, as well as the opportunity to work with City of Foster City on this project.

5.2 Attachment 6 - Packet Fusion RFP Response

65 VOIP Phone System Replacement
30 5.2
Attachment 6 - Packet Fusion RFP Response

66 DATE: December 16, 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
Frank Fanara, Parks Maintenance Manager
DEPARTMENT: Parks and Recreation
SUBJECT: AGREEMENTS WITH LORAL LANDSCAPING INC. FOR

STREET MEDIAN MAINTENANCE FOR A TOTAL NOT-TO-
EXCEED AMOUNT OF $771,221 FOR CUL-DE-SAC

MAINTENANCE FOR A TOTAL NOT-TO-EXCEED AMOUNT
OF $208,108 FOR A THREE-YEAR PERIOD FROM JANUARY
1, 2025, TO DECEMBER 31, 2027, WITH OPTIONAL ANNUAL
EXTENSIONS THROUGH DECEMBER 31, 2029; AND
APPROPRIATION OF $96,600 TO ACCOUNT NUMBER 001-
0520-452-4251

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution:

1. Awarding an agreement for street median maintenance to Loral Landscaping Inc. for a total not-to-exceed amount of $771,221 ($252,000 annually plus 2% escalation) for a three-year period from January 1, 2025, to December 31, 2027, with optional annual extensions through December 31, 2029;

2. Awarding an agreement for cul-de-sac maintenance to Loral Landscaping Inc. for a total not-to-exceed amount of $208,108 ($68,000 annually plus 2% escalation) for a three-year period from January 1, 2025, to December 31, 2027, with optional annual extensions through December 31, 2029;

5.3 5.3 Staff Report

67 3. Finding the award of the agreements for landscaping maintenance exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (Class 1-Existing Facilities); and

4. Authorizing a supplemental appropriation of $96,600 to account number 001-0520- 452-4251 for Parks Maintenance Contract Services for Fiscal Year 2024-25 for street median and cul-de-sac maintenance.

EXECUTIVE SUMMARY
The City received three proposals from qualified vendors for street medians and cul-de- sacs maintenance services covering a three-year period (January 1, 2025, through December 31, 2027), with optional annual extensions through 2029. Staff recommend awarding both agreements to Loral Landscaping Inc., the lowest-cost bidder for both services.

Loral Landscaping Inc. provided the lowest cost proposal in the amount of $252,000 per annum plus 2% escalation for street median maintenance, and a proposal of $68,000 per annum plus 2% escalation for cul-de-sacs maintenance.

Loral Landscaping is the current contractor for street medians and cul-de-sacs maintenance and service has been satisfactory. They are familiar with the City’s service areas, landscaping and needs, reducing the need for onboarding and oversight. Loral Landscaping has submitted a cost competitive bid, however, from the bids received, there is still an increase in both services, particularly cul-de-sac maintenance. Combined annual cost for both contracts are $320,000; however, there is only $223,400 appropriated in the FY 2024-25 budget. Therefore, Staff requests a supplemental appropriation of $96,600 to cover the difference.

BACKGROUND
On October 21, 2024, the City Council authorized the Requests for Proposals (RFP) for Median and Cul-de-Sac Maintenance agreements for the period of January 1, 2025, to December 31, 2027, with optional extensions through December 31, 2029.

Medians. Contractual street median maintenance is required and planned based on the development and completion of Foster City’s street median landscape master plan. The contractual maintenance for fourteen acres of landscaped and hardscaped street median areas and easements includes:
▪Mowing and edging of ground covers.
▪Pruning and trimming of trees and shrubs 15 feet tall and under. ▪Weed abatement of all landscaped and hardscaped areas. ▪Adjacent curb and gutter clean up and weed abatement.
▪Trash and general cleanup of all landscaped and hardscaped areas. ▪Irrigation programming, checks and repair.

5.3 5.3 Staff Report

68 The current street median maintenance contractor is Loral Landscaping Inc. The current agreement amount with Loral Landscaping Inc. is $167,267 for the period of January 1, 2024 to December 31, 2024.

Cul-de-Sacs. The contractual maintenance for landscaped and hardscaped cul-de-sac areas and easements includes:
▪Cul-de-sacs (30)
▪Georgian Squares (16)
▪Island Bridges (7)
▪Walkways (6)
▪East Third Ave: Corporation Yard exterior landscape
The current cul-de-sac maintenance contractor is Loral Landscaping Inc. The current agreement amount is $61,125 for the period of January 1, 2024 to December 31, 2024.

ANALYSIS

Medians. Following issuance of the RFP, three contractors inquired about the Street Median Maintenance Agreement and were given the Street Median Maintenance Specifications and Scope of Work. Of these three contractors, all submitted proposals by the deadline.

Summary of Median Maintenance Proposals
•Loral Landscaping Inc.: $252,000
•K&K JL Services: $274,500
•New Image Landscape company: $477,576
Based on the submittal of a reasonable and responsible proposal, staff recommends approving the Median Maintenance service agreement with Loral Landscaping Inc. in the amount of $252,000 annually for a three (3) year period from January 1, 2025 to December 31, 2027. The agreement includes a 2% annual cost increase, which will apply both during the initial one-year period and to each subsequent year if the optional annual extensions are exercised through December 31, 2029.

Cul-de-sacs. Following issuance of the RFP, Four contractors inquired about the Cul- de-Sac Maintenance Agreement and were given the Cul-de-sac Maintenance Specifications and Scope of Work. Three of the four contractors submitted proposals by the deadline.

Summary of Cul-De-Sac Maintenance Proposals
•Loral Landscaping Inc.: $68,000
•K&K JL Services.: $225,500

5.3 5.3 Staff Report

69 •New Image Landscape company: $477,576
Based on the submittal of a reasonable and responsible proposal, staff recommends approving the Cul-de-sac Maintenance service agreement with Loral Landscaping Inc. in the amount of $68,000 annually for a three (3) year period from January 1, 2025, to December 31, 2027. The agreement includes a 2% annual cost increase, which will apply both during the initial one-year period and to each subsequent year if the optional annual extensions are exercised through December 31, 2029.

This proposal reflects rising labor costs due to inflation, expanded scope of work to include newly completed areas, and increased material expenses such as fertilizer, disposal, and pre-emergent applications. Additionally, insurance costs have risen, and improved tracking has revealed higher-than-budgeted labor hours. Irrigation repairs have also exceeded expectations, with aging components like timers, valves, and sprinkler heads requiring frequent attention, which is expected to continue. This agreement addresses these challenges while ensuring effective and sustainable maintenance services.

CEQA/ENVIRONMENTAL REVIEW PROCESS
The award of the agreement for street median maintenance and cul-de-sac maintenance is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (Class 1-Existing Facilities) because the services that will be provided will be maintenance of existing landscaping involving negligible or no expansion of existing or former use.

FISCAL IMPACT
There is $223,400 appropriated in the FY 2024-2025 budget for street median and cul- de-sac maintenance. However, for FY 2024-2025, the total cost of the two proposed agreements with Loral Landscaping, Inc. for these services is $320,000, which exceeds the currently appropriated amount of $223,400. Therefore, due to the increase in the contract amount, staff requests a supplemental appropriation of $96,600 in account number 001-0520-452-4251. Amounts necessary for future fiscal years will be incorporated in the City’s future budgets.

5.3 5.3 Staff Report

70 Cul-de-sac
Yearly Cost w/ 2%
escalation
Year 1 $68,000.00
Year 2 $69,360.00
Year 3 $70,747.20
TOTAL $208,107.20
Median
Year 1 $252,000.00
Year 2 $257,040.00
Year 3 $262,180.80
TOTAL $771,220.80

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

Attachment 1- Resolution
Attachment 2 - Agreement for Street Medians Maintenance Attachment 3 - Agreement for Cul-De-Sacs and Easements Maintenance Attachment 4 - Loral Landscaping Inc. Bid Submittal Street Median Maintenance Attachment 5 - Loral Landscaping Inc. Bid Submittal Cul-De-Sac Maintenance

5.3 5.3 Staff Report

71 2
8 5
0 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE AWARD OF AGREEMENTS TO LORAL LANDSCAPING INC. FOR

STREET MEDIAN MAINTENANCE FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $771,221 AND CUL-DE-SAC MAINTENANCE FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $208,108 FROM JANUARY 1, 2025, TO DECEMBER 31, 2027, WITH OPTIONAL ANNUAL EXTENSIONS THROUGH DECEMBER 31, 2029; FINDING

PROJECT EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301 (CLASS 1-EXISTING FACILITIES); AND AUTHORIZATION OF SUPPLEMENTAL APPROPRIATION OF $96,600 TO ACCOUNT NUMBER 001-0520-452-4251

CITY OF FOSTER CITY
WHEREAS, the current Median and Cul-De-Sac Maintenance agreements approved by Council on November 16, 2020 expire on December 31, 2024; and WHEREAS, On October 21, 2024, the City Council authorized issuing Requests for Proposals for Median and Cul-de-Sac Maintenance agreements for a three-year period from January 1, 2025 to December 31, 2027, with optional annual extensions through December 31, 2029; and
WHEREAS, Loral Landscaping Inc. submitted the lowest, responsible bid for Median Maintenance in the amount of $252,000 per annum plus 2% escalation; and for Cul-de-Sac Maintenance in the amount of $68,000 per annum plus 2% per escalation; and
WHEREAS, the FY 2024-25 Parks and Recreation contractual budget (001-0520- 452-4251) requires a supplemental appropriation of $96,600 due to the increased costs for both median and cul-de-sac maintenance services;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City as follows:

1. The City Council hereby finds the agreements for Median and Cul-De-Sac landscape maintenance are exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (Class 1-Existing Facilities).

2. The City Council hereby awards an agreement for street median maintenance to Loral Landscaping Inc. for a total not-to-exceed amount of $771,221 ($252,000 annually plus 2% escalation) for a three-year period from January 1, 2025, to December 31, 2027, with optional annual extensions through December 31, 2029.; and

5.3 Attachment 1 - Resolution

72 2
8 5
0 3. Award of an agreement for cul-de-sac maintenance to Loral Landscaping Inc. for a total not-to-exceed amount of $208,108 ($68,000.00 annually plus 2% escalation) for a three-year period from January 1, 2025, to December 31, 2027, with optional annual extensions through December 31, 2029.

BE IT FURTHER RESOLVED, that the City Council authorizes a supplemental appropriation of $96,600 to account number 001-0520-452-4251 for Parks Maintenance Contract Services for Fiscal Year 2024-25 for street median and cul-de-sac maintenance.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.3 Attachment 1 - Resolution

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5 1

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

DELIVERABLES FOR
PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR

LANDSCAPING
FOR
MEDIAN AND EASEMENT MAINTENANCE 2025-2027

This Agreement is made and entered into as of the 16 th day of December, 2024 by and between the City of Foster City hereinafter called "CITY" and Loral Landscaping, Inc. hereinafter called "CONSULTANT".

RECITALS

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;

WHEREAS, CONSULTANT is qualified to provide such services to the CITY and;

NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

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

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

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

2.Term; Termination. (a) The term of this Agreement shall commence on January 1, 2025 and expire on December 31, 2027, unless the term is otherwise extended, at the City’s sole discretion. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability

5.3 Attachment 2 - Agreement for Street Medians Maintenance

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5 1
resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum ($771,220.80) total during the Term of this Agreement. Invoices for amounts in excess of ($21,000) per month shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

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

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services

5.3 Attachment 2 - Agreement for Street Medians Maintenance

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5 1
shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

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

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

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

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

8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of

5.3 Attachment 2 - Agreement for Street Medians Maintenance

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this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.

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

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

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

11. Prevailing Wage. CONSULTANT shall pay prevailing wages to its employees on any contract in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.

5.3 Attachment 2 - Agreement for Street Medians Maintenance

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

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

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

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

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

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

5.3 Attachment 2 - Agreement for Street Medians Maintenance

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5 1
accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Frank Fanara

CONSULTANT: Loral Landscape Inc.
701 South Amphlett Blvd
San Mateo, CA 94402
[email protected]

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

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

19. 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.

20. 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

5.3 Attachment 2 - Agreement for Street Medians Maintenance

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of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

21. 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.

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

23. Liability of CITY.

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this

5.3 Attachment 2 - Agreement for Street Medians Maintenance

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

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

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

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

Any Force Majeure event with a duration in excess of not less than 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

26. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.

[Signatures on Next Page]

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

CITY OF FOSTER CITY

Dated: _________________________________ Stacy Jimenez, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR

Dated:

Howard Wheeler, Owner

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EXHIBIT A

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

DELIVERABLES FOR
MEDIAN AND EASEMENT MAINTENANCE 2025-2027
Scope of Deliverables:

Scope of Services: Street Median Landscape Maintenance Specifications

I. LANDSCAPE MAINTENANCE SPECIFICATIONS

1. SCOPE OF WORK

At all locations indicated in the List of Locations and Map of Locations attached hereto and hereinafter incorporated by reference as Attachment 1, the Contractor shall furnish all labor, equipment, materials, tools and supervision to perform landscape maintenance as described herein, including, but not limited to, the following:
a) Weed control and cultivation - both mechanically and chemically b) Fertilization
c) Shrub trimming, pruning and training
d) Tree pruning and staking (Trees 15 feet tall and shorter) e) General pest control
f) General litter control, refuse removal, and grounds policing g) Irrigation system monitoring, maintenance and repair h) Hardscape cleaning/weeding

2. LEVEL OF MAINTENANCE

All work shall be performed in accordance with the highest landscape maintenance standards, as stated herein. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

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made between the Contractor and the City. Failure to give notification of a change and/or failure to perform an item of work on the scheduled day(s) may result in a deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standards.

The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been corrected, payment for the deficiency shall be withheld during the current billing period, and shall continue to be withheld until the deficiency is corrected, without the right to retroactive payments.

3. SUPERVISION OF CONTRACT

All work shall meet with the approval of the Foster City Parks Manager or his designee. There shall be periodic meetings with the Contractor and City’s representative to determine progress of the work and to establish items that may require attention.

Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor in writing and if not corrected, payment to the Contractor will be withheld until the condition is corrected in a satisfactory manner as set forth in these specifications.

The City’s representative and the Contractor’s representative will meet twice a month. The purpose of these meetings will be to discuss project progress and problems; tour sites and determine the Contractor’s conformity with these specifications and the adequacy of the work being performed.

The City may, at its sole discretion, reduce or increase the frequency of meetings.

4. SPECIFICATIONS

These specifications are intended to cover all labor, material, standards of landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

5. TRAFFIC AND ACCESS

The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flaggers as described and specified in the California Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2014 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual are hereby incorporated herein.

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lane closures are implemented. Open excavation and ditches across a roadway shall be covered and guarded in such a manner as to permit safe traffic flow during hours when no work is being performed.

6. DISPOSAL

The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation (including periodic debris build-up and weed abatement along median curbs, median landscape areas, easements, and "hardscape" areas/including bridge overpasses) as work progresses. Also, the Contractor shall pay all disposal fees. The City shall not be responsible for any disposal by Contractor.

7. RECORDS

Contractor shall keep accurate records concerning all of its employees or agents and within fifteen (15) days of the effective date of this Agreement, provide the City with names, addresses, telephone numbers of Employees to be called in case of emergency.

8. SPECIALTY OPERATIONS

Written notification of all “specialty type” maintenance operations shall be given to the City forty- eight (48) hours prior to each of these operations by Contractor. “Specialty type” maintenance operations include but are not limited to fertilization, pre-emergent weed control, all pesticide applications, and any plant replacements.

9. WORKMANSHIP AND SUPERVISION

The Contractor shall provide a work force sufficient to complete the work as specified and as represented in the submitted bid.

The Contractor will be expected to have work crews performing routine/necessary work on site at least four days per week on weekdays. (Weather permitting)

If needed, weekend work may be permitted. Weekend work requires prior approval by the City’s Parks Manager or City's representative.

Work shall be performed by competent and experienced workers. Irrigation maintenance and repairs shall be performed by workers skilled specifically in the operation of modern automatic irrigation systems.

The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and foremen must communicate effectively both in written and oral English, and shall be present at all times during Contract

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operations. Any order given to these supervisors or foremen shall be deemed as delivered to the Contractor.

All pesticide operations, where required, shall be performed by a California Licensed Pest Control Applicator through written communication by a California Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all Federal, State and local laws and regulations regarding pesticide use and storm water protection.

Contractor shall provide copies to the City of her/his license and registration of both of her/his Pest Control Advisors and Pest Control Operators licenses. Contractor shall submit a copy of the “Pesticide Use Report” to the City on a monthly basis.

Persons employed by the Contractor who are found unsatisfactory by the City shall be removed from the work under this Agreement by the Contractor upon fifteen (15) days written notice from the City.

10. REPAIRING DAMAGED WORK

The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the repair or replacement of any such equipment or property. Watering, pesticide spraying, and other maintenance shall not be performed at times when it might damage parked cars or at times when activities in the contract area might be inconvenienced or disrupted.

Repairs to the irrigation system resulting from damage not caused by Contractor (e.g., vandalism) shall be reported promptly to the Parks Manager together with an estimate of costs for correction of the condition. The Parks Manager may authorize repair by the Contractor under separate agreement.

The Contractor shall be responsible for the replacement of all plant materials, including trees, shrubs, ground cover and similar materials. The full cost of such replacement, including the cost of labor, shall be borne by the Contractor if due to the Contractor’s negligence or intentional acts.

Replacement of plant materials damaged or destroyed by City employees, or as a result of construction or vandalism, shall be reported promptly to the Parks Manager together with an estimate of costs for replacement. The Parks Manager may authorize replacement by the Contractor under separate agreement.

11. SAFETY REQUIREMENT

All work shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Parks Manager reserves the right to order work stopped when unsafe or harmful acts are observed or reported relative to the performance of the work .

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The Contractor shall maintain all work sites free of hazards to persons and/or property. Any hazardous condition noted by the Contractor, which is not the result of its operations, shall be immediately reported to the Parks Manager.

12. SCHEDULES

Annual Schedule:

Within five (5) days of the execution of the Agreement and within five (5) of the commencement of any extension of the term, the Contractor shall provide an Annual Maintenance Schedule indicating the time frames when items of work shall be accomplished per the performance requirements.

The Contractor shall provide a complete weekly work schedule that shall detail work to be performed.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

City-sponsored special events, recreation classes, etc. may necessitate changes or variations in scheduling. The Contractor shall adapt all schedules to the City’s requests.

Irrigation Controller Schedules:

The Contractor shall provide irrigation schedules for each irrigation controller, indicating locations, stations, and minutes per each station. These schedules should be updated monthly.

II. TECHNICAL MAINTENANCE SPECIFICATIONS

GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS

All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated. The City retains the right to determine scheduled days for work at each site, in consultation with the Contractor. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the facilities. Each site must be inspected a minimum of once per week.

All work will be performed so as to provide maximum safety for the public and minimize disruption to the public.

Leaves, glass, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off-site.

Contractor will clean sidewalks, roadways, and any other areas littered or soiled by its maintenance operations.

Contractor shall keep all work sites clear of weeds, litter and debris at all times.

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Plant materials on or adjacent to street medians, easements or roadway intersections shall be pruned to provide adequate sight distance for vehicles entering the intersection.

Plant materials shall be pruned so that all traffic control signs are clearly visible to approaching vehicles.

City shall be notified immediately of any unusual or hazardous conditions at a work site, including but not limited to broken street lights, fallen tree branches, or any item that creates a potential hazard.

Contractor shall control all insects, diseases, rodents, snails, ants, slugs and other like pests in conformance with the City’s IPM policy and without the use of any Pyrethroids. The Parks Manager or City's representative should be made aware of any control measures prior to use, showing evidence of written recommendations from the Contractor’s Pest Control Advisor.

Rodent control is a part of this Contract. All rodent activity should be controlled as soon as possible.

Rodents include gophers, ground squirrels, moles, voles and rats. Rodent control must be carried out in a manner as to prevent any possible danger to non-targeted animals.

Hardscape maintenance shall include maintaining all concrete, brick paver, and asphalt surfaces free of debris, dirt and weeds. These are typically the concrete areas located within the median islands (inclusive of median "fingers" and adjacent concrete traffic dividers) and bridge overpasses.

SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS

Irrigation System Maintenance

Any irrigation equipment located in an area that is not readily accessible, such as under paved surfaces, streets, or sidewalks, is not required to be maintained by the Contractor. Contractor should consult with the City’s Representative if it is not clear whether Contractor is required to maintain an irrigation system or any portion thereof.

Contractor shall not be responsible for the water meter assembly except if Contractor’s operations cause damage to these items.

Contractor shall repair and adjust all sprinkler heads to maintain proper and uniform water application.

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Contractor shall maintain all irrigation canisters, heads and risers in proper working condition.

Irrigation heads will be flush and level with the top of the canister when not activated.

Contractor shall adhere to all State and local laws and regulations.

Water penalty charges assessed due to water overuse behavior (i.e. water management) are the responsibility of the Contractor and shall be paid by the Contractor. With 100% evapotranspiration rate (ET) water budgeting allocation, it is assumed that the site landscape can maintain health and meet water use goals.

Penalties are assessed monthly with no cumulative allowance.

To avoid under irrigating, usage is expected to be at a minimum 80% of budget.

The Contractor shall turn off irrigation system controllers during periods of rain and scheduled City events. Water runoff onto roadways or sidewalks shall be limited to minimal amounts and any excessive watering will not be permitted. Contractor shall immediately report to the Parks Manager any instance of excessive watering.

All sprinkler part replacements are to be made with original material or material of higher quality; the Parks Manager must approve all substitutes.

Repair or replacement of equipment damaged as a result of Contractor’s negligence or intentional acts shall be replaced at the Contractor’s expense.

Necessary irrigation repairs shall be made prior to the next irrigation cycle.

Irrigation programming charts will be updated each month by the Contractor.

All irrigation must be completed by 6:00 a.m. each day.

2. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions.

Such inspection shall be made at least once per month; however, the Contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur. The City will provide backflow testing at no cost to the Contractor.

3. Repairs - A comprehensive testing and check of all irrigation systems shall be made by the Contractor with a City representative present approximately thirty (30) days prior to the end of the Contract term and each extension of the term and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract term. If the Contractor does not make repairs to the satisfaction of the City, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Parks Manager.

NOTE:

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Due to the high visibility and scrutiny of irrigation of City property (the Parks Department is the City’s largest water user) Contractor must maintain all active irrigation in working order, operating without any breaks or leaks, and program clocks in close coordination with Parks Manager. If in the judgment of the City, the Contractor is performing irresponsibly or inadequately with irrigation, the contractor will be responsible for any penalty fees assessed against the City’s Parks Department in accordance with monthly Water Use Reports and payment to the Contractor will be withheld accordingly.

Contractor is to adhere to all current Water Conservation Measures and adapt as measures change.

Ground Cover Maintenance

All ground cover areas shall be maintained in a trimmed and weed-free condition.

1) Weeds on bare ground or hard-scape shall be mowed or line-trimmed. Any visible weeds must be kept at 1” or less above ground.
2) Noxious weeds, such as Mallow, Fennel, “Wild Garlic”, and “Thistle” shall first be pulled or mechanically removed, then controlled with chemical applications as necessary (category III “Caution” only).
•Careful precaution must be exercised to avoid any runoff into storm- drains at all times.
•All chemical applications must be performed by properly trained/ certified applicators only, as required by DPR and City IPM policy. •Parks Manager or appointed designee shall be notified in writing a minimum forty-eight (48) hours in advance of any chemical application.

Notice shall include name and EPA # of chemical(s) to be applied, date(s) and location(s).
•Posting shall be provided by Contractor as required per label, DPR, or as requested by Parks Manager.

All ground cover areas shall be maintained in a trimmed and weed-free condition.

A. Weeds - Weeds shall be removed upon appearance. Weed removal will be done on a weekly basis. A pre-emergent herbicide may be used where appropriate in shrub and ground cover beds to inhibit weed growth. Weeds not killed with herbicides shall be removed manually.

Contractor at its expense shall replace plants killed by weeds and chemicals, etc. Weeds shall be controlled and not allowed to become an “eyesore" or reach an objectionable height, as determined by the City.

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fertilizer furnishing the required percentage of nitrogen, phosphoric acid and potash to keep groundcover, trees, shrubs and other plants in a healthy and vigorous growing condition.

Applications shall be made at recommended rates. If the application of iron, zinc or other trace minerals is required to correct a specific soil deficiency, it shall also be applied as specified by the Inspector at the Contractor’s expense.

1) Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, shrubs, roadways or other adjacent areas.

2) Irrigate as required to maintain adequate growth and reasonable appearance.

3) Control pests, insects, and diseases, as necessary to maintain a healthy environment for plant growth. This includes rodents, snails, and slugs.

4) Bare ground cover (furrow) areas shall be kept cultivated and raked of all debris and free of weeds.

C. Shrubs - Shrub, Vine, Flower and Tree Maintenance

1) Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant’s natural character.

2) Trim shrubs quarterly to maintain the size and shape specified by the City's representative or Parks Manager. Pruning shall result in the shrub maintaining a “natural” appearance.

3) Remove all dead, diseased or damaged branches back to a side branch. Do not leave branch stubs.

4) Application of an iron chelate fertilizer or other micronutrients shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage.

5) Irrigate as required to maintain adequate growth and appearance.

6) All bare shrub bed areas shall be weeded and raked weekly to remove all litter and other debris.

7) Growth of woody plants shall be encouraged except where it interferes with maintenance activities, pedestrian circulation or roadways. Dead branches of plants shall be removed regularly.

8) Plant material adjacent to curbs, sidewalks and roadways shall be trimmed regularly to provide for proper, unobstructed circulation.

9) Any paper, weeds, cans or other litter found in groundcover/ shrub beds shall be removed and properly disposed of on a weekly basis.

Tree Maintenance

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Trees shall be trimmed as necessary to allow for pedestrian and vehicle traffic, and to provide clearance from buildings, signs and other similar structures. Trees shall be trimmed in accordance with the City of Foster City's Tree Maintenance Manual and recognized International Society of Arboriculture (ISA) pruning standards. Contractor must maintain all trees fifteen (15) feet in height or smaller.

1) Remove all suckers from base of trees as they develop throughout the year. Remove all dead, broken or damaged branches in all trees.

2) Stake and support trees as necessary. Staking and guying shall be done in accordance with City standards.

3) All tree guys, ties and stakes shall be checked regularly to avoid girdling and damage.

4) Contractor shall stake or otherwise support trees during inclement weather, and remove branches and other debris generated by such weather.

5) Each site shall be inspected for dead or dying trees; broken, cracked or hanging branches; or other hazards. Immediately notify City's representative or Parks Manager if any of the above conditions exist.

6) Except for emergency removal, no tree or shrub shall be removed without prior direction or approval of the City. Trees and shrubs badly damaged and in need of replacement shall be brought to the attention of the City's representative or Parks Manager.

7) Water as required to maintain proper and vigorous growth according to variety.

8) Tree wells shall be kept as bare soil unless groundcover is present. Weeds around trees shall be removed before they reach three (3) inches in height.

9) Chemically control plant growth around trees for a one (1) foot distance from the base of the tree. Damage to the tree trunk by string trimmers (weed whips/line trimmers) must be avoided.

10) Complete pruning, heading back, lacing out or removal will be done by other tree-trimming contractors hired by the City.

All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions

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List of Locations
# on
Map Location/Description Square Footage
Misc
Notes
1 Altair Median ("Triangle") 2,020
2 AM/PM "Wall" 2,615
3 Balclutha Drive 2,500
4 Beach Park "Wall" (Halsey/South Side) 6,000
5 Beach Park "Wal" (North Side) 1,350
6 Beach Park (Foster City Blvd to Edgewater) 48,220
7 Beach Park Blvd. (Ice Plant) -Quarterly or upon request 6,500 Linear Feet 8 Bicentennial Bridge (Boxes and Clean up/either side) 1,800 9 Boat Park Bridge (Landscaped area across from) 17,200 10 Boat Park Bridge Sides (includes fence-line) 16,100
11 Bounty Drive (Under tower) 5,692
12 Caltrans Island 3,685
13 Catamaran Bridge Sides (includes easements) 3,696
14 Chess Drive 3,249
15 Dock Area (Port Royal) 13,200
16 East Third Ave 1,037
17 Edgewater (Beach Park Blvd. Pitcairn) 29,220
18 Edgewater (Pitcairn to Baffin) 20,660
19 Edgewater (Hillsdale North to City Limit) 12,820
20 Edgewater Blvd (Hillsdale to Beach Park) 8,100
21 Edgewater Wall (Port Royal to Monterey 30,260
22 Foster City (Balclutha to Polynesia) 2,418 Linear Feet 23 Foster City (Bounty to Bridge) 8,350
24 Foster City (Bridge to Marlin) 3,740
25 Foster City (Fwy to Hillsdale) 12,670
26 Foster City (Hillsdale to Balclutha) 2,280
27 Foster City (Marlin to Beach Park Blvd) 9,617
28 Foster City (Polynesia to Bounty) 9,225
29 Foster City Blvd Bridge (opposite Marlin Cove/Both Sides) 8,960 30 Hillsdale "Wall" 8,600
31 Hillsdale Bridge Sides/Easement Twin to Rainbow 6,400 32 Hilldale (Altair to Twin Bridges) 6,498
33 Hillsdale (Bridge to Pilgrim) 20,165
34 Hillsdale East of Rainbow Bridge 3,230

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35 Hillsdale (Edgewater to Alrair) 1,380
36 Hillsdale (Foster City Blvd to Shell Blvd) 8,375
37 Hillsdale (Pilgrim to Foster City Blvd) 3,340
38 Hillsdale (Shell to Edgewater) 6,840
39 Marsh Drive 600
40 Metro Center Blvd 600
41 Pollux Court 22,176
42 Polynesia Drive 2,135
43 Port Royal Pedway (outboard/inboard to wood header and connecting pathways (4) 2,500
44 San Miguiel Ln Beach Rip Rap 4,766 Linear Feet
45 Shell Blvd (Bounty to Beach Park Blvd) 420
46 Shell Blvd (Bounty to Hillsdale) 18,500
47 Shell Blvd (Hillsdale to Metro Center Blvd) 10,470
48 Taurus Drive 10,560
49 Vintage Drive 18,000
50 Pedway Access Points 18,117
466,856

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE
Supervisor $72.50
Irrigation specialist $ 67.50
Lands Scape Laborer $62.00
Pesticide Applicator $67.50

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EXHIBIT C

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated December 16, 2024, by and between Loral Landscaping, Inc., hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

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

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

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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence. ☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.
☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss.

The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor. ☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

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

1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii)

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

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

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein.

Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

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

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

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

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

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

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costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

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

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 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)
Insu
rer
Poli
cy
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) Insu rer
Poli
cy
No.

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

Professional Liability:

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

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

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

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

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

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

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City (“City”) and Loral Landscape, Inc. (“Consultant”) dated December 16, 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 Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.

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

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-

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

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

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

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2 PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR

LANDSCAPING
FOR

CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE This Agreement is made and entered into as of the16th day of December 2024 by and between the City of Foster City hereinafter called "CITY" and Loral Landscaping, Inc

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

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

TERMS AND CONDITIONS

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

2. Term; Termination. (a) The term of this Agreement shall commence on January 1, 2025 and expire on December 31, 2027, unless the term is otherwise extended, at the City’s sole discretion. . (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case

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2 CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum ($208,107.20) total during the Term of this Agreement. Invoices for amounts in excess of ($5,780.75) per month shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of

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2 the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

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

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

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2 may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

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

The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Frank Fanara

CONSULTANT: Loral Landscape Inc.
701 South Amphlett Blvd
San Mateo, CA 94402
[email protected]

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

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

19. 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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2 21. 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.

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

23. Liability of CITY.

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

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

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

26. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
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2 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: _________________________________ Stacy Jimenez, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR

Dated:

Howard Wheeler, Owner

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2 EXHIBIT A

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

DELIVERABLES FOR

CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE

SERVICES TO BE PROVIDED
Cul-de-Sacs, Walkways, Island Bridges, and Easements Maintenance Specifications I. LANDSCAPE MAINTENANCE SPECIFICATIONS

1. SCOPE OF WORK
At all locations indicated in the List of Locations and Map of Locations attached hereto and hereinafter incorporated by reference as Attachment 1, the Contractor shall furnish all labor, equipment, materials, tools and supervision to perform landscape maintenance as described herein including, but not limited to, the following:
a) Weed control and cultivation - both mechanically and chemically b) Fertilization
c) Shrub trimming, pruning and training
d) Removal of dead or dying plant material
e) Tree pruning and staking (Trees 15 feet tall and shorter) f) General pest control
g) General litter control, refuse removal, and grounds policing h) Irrigation system monitoring, maintenance and repair i) Hardscape cleaning/weeding

2. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest landscape maintenance standards, as stated herein. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

If in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment to the Contractor until services are rendered in accordance with specifications set forth within this document, provided no other arrangements have been made between the Contractor and the City. Failure to give notification of a change and/or failure to perform an item of work on the scheduled day(s) may result in a deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standards.

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2 3. SUPERVISION OF CONTRACT
All work shall meet with the approval of the Foster City Parks Manager or his designee. There shall be periodic meetings with the Contractor and City’s representative to determine progress of the work and to establish items that may require attention.

The City may, at its sole discretion, reduce or increase the frequency of meetings.

4. SPECIFICATIONS
These specifications are intended to cover all labor, material, standards of landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

5. TRAFFIC AND ACCESS
The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flaggers as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2014 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual are hereby incorporated herein.

Construction and maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners or motoring public. Convenient access to driveways, houses and buildings along the line of work shall be maintained unless otherwise approved by the City in advance. Contractor shall request and obtain approval from City before any lane closures are implemented. Open excavation and ditches across a roadway shall be covered and guarded in such a manner as to permit safe traffic flow during hours when no work is being performed.

6. DISPOSAL
The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation (including periodic debris build-up and weed abatement along median curbs, median landscape areas, easements, and "hardscape" areas/including bridge overpasses) as work progresses. Also, the Contractor shall pay all disposal fees. The City shall not be responsible for any disposal by Contractor.

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2 7. RECORDS
Contractor shall keep accurate records concerning all of its employees or agents and within fifteen (15) days of the effective date of this Agreement, provide the City with names, addresses, telephone numbers of employees to be called in case of emergency.

8. SPECIALTY OPERATIONS
Written notification of all “specialty type” maintenance operations shall be given to the City forty- eight (48) hours prior to each of these operations by Contractor. “Specialty type” maintenance operations include but are not limited to fertilization, pre-emergent weed control, all pesticide applications, and any plant replacements.

9. WORKMANSHIP AND SUPERVISION
The Contractor shall provide a work force sufficient to complete the work as specified and as represented in the submitted bid.

The Contractor will be expected to have work crews performing routine/necessary work on site at least four days per week on weekdays. (Weather permitting) If needed, weekend work may be permitted. Weekend work requires prior approval by the City’s Parks Manager.

Persons employed by the Contractor who are found unsatisfactory by the City shall be removed from the work by the Contractor upon fifteen (15) days written notice from the City.

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2 10. REPAIRING DAMAGED WORK
The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the repair or replacement of any such equipment or property. Watering, pesticide spraying, and other maintenance shall not be performed at times when it might damage parked cars or at times when activities in the contract area might be inconvenienced or disrupted.

11. SAFETY REQUIREMENT
All work performed shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Parks Manager reserves the right to order work stopped when unsafe or harmful acts are observed or reported relative to the performance of the work .

The Contractor shall maintain all work sites free of hazards to persons and/or property. Any hazardous condition noted by the Contractor, which is not the result of its operations, shall be immediately reported to the Parks Manager.

12. SCHEDULES
Annual Schedule:

The Contractor shall provide a complete weekly work schedule that shall detail work to be performed.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

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2 City-sponsored special events, recreation classes, etc. may necessitate changes or variations in scheduling. The Contractor shall adapt all schedules to the City’s requests.

Irrigation Controller Schedules:

The Contractor shall provide irrigation schedules for each irrigation controller, indicating locations, stations, and minutes per each station. These schedules should be updated monthly.

II. TECHNICAL MAINTENANCE SPECIFICATIONS

GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated. The City retains the right to determine scheduled days for work at each site, in consultation with the Contractor. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the facilities. Each site must be inspected a minimum of once per week.

All work will be performed so as to provide maximum safety for the public and minimize disruption to the public.

Leaves, glass, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off-site.

Contractor will clean sidewalks, roadways, and any other areas littered or soiled by its maintenance operations.

Contractor shall keep all work sites clear of weeds, litter and debris at all times.

Plant materials on or adjacent to street medians, easements or roadway intersections shall be pruned to provide adequate sight distance for vehicles entering the intersection.

Plant materials shall be pruned so that all traffic control signs are clearly visible to approaching vehicles.

Rodent control is a part of this Contract. All rodent activity should be controlled as soon as possible. Rodents include gophers, ground squirrels, moles, voles and rats. Rodent control must be carried out in a manner as to prevent any possible danger to non-targeted animals.

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2 Hardscape maintenance shall include maintaining all concrete, brick paver, and asphalt surfaces free of debris, dirt and weeds. These are typically the concrete areas located within the median islands (inclusive of median "fingers" and adjacent concrete traffic dividers) and bridge overpasses.

SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Irrigation System Maintenance

1. Contractor shall maintain all irrigation systems in a professional, operable condition at all times. This includes but is not limited to controllers, back-flow devices, moisture sensors, manual and remote control valves, wiring, pipes, vaults, sprinkler heads, drip irrigation equipment, and quick couplers. All work of this kind shall be performed by the Contractor at no additional cost to the City. Any irrigation equipment located in an area that is not readily accessible, such as under paved surfaces, streets, or sidewalks, is not required to be maintained by the Contractor. Contractor should consult with the City’s Representative if it is not clear whether Contractor is required to maintain an irrigation system or any portion thereof.

Contractor shall not be responsible for the water meter assembly except if Contractor’s operations cause damage to these items.

Contractor shall repair and adjust all sprinkler heads to maintain proper and uniform water application.

Contractor shall maintain all irrigation canisters, heads and risers in proper working condition. Irrigation heads will be flush and level with the top of the canister when not activated.

Contractor shall adhere to all State and local laws and regulations.

Water penalty charges assessed due to water over use behavior (i.e. water management) are the responsibility of the Contractor and shall be paid by the Contractor. With 100% evapotranspiration rate (ET) water budgeting allocation, it is assumed that the site landscape can maintain health and meet water use goals.

Penalties are assessed monthly with no cumulative allowance.

To avoid under irrigating, usage is expected to be at a minimum 80% of budget.

All sprinkler part replacements are to be made with original material or material of higher quality; the Parks Manager must approve all substitutes.

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2 Repair or replacement of equipment damaged as a result of Contractor’s negligence or intentional acts shall be replaced at the Contractor’s expense.

Necessary irrigation repairs shall be made prior to the next irrigation cycle.

Irrigation programming charts will be updated each month by the Contractor.

All irrigation must be completed by 6:00 a.m. each day.

2. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions. Such inspection shall be made at least once per month; however, the Contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur. The City will provide backflow testing at no cost to the Contractor.

NOTE:

Due to the high visibility and scrutiny of irrigation of City property (the Parks Department is the City’s largest water user), Contractor must maintain all active irrigation in working order, operating without any breaks or leaks, and program clocks in close coordination with Parks Manager. If in the judgment of the City, the Contractor is performing irresponsibly or inadequately with irrigation, the contractor will be responsible for any penalty fees assessed against the City’s Parks Department in accordance with monthly Water Use Reports and payment to the Contractor will be withheld accordingly.

Contractor is to adhere to all current Water Conservation Measures and adapt as measures change.

Ground Cover Maintenance
All ground cover areas shall be maintained in a trimmed and weed-free condition.

A.Weeds - Contractor must adhere to City of Foster City’s IPM Protocols that “requires that the City departments and City contractors who apply pesticides to City property, eliminate or reduce pesticide applications to the maximum extent feasible”. This includes the following:
1) Weeds on bare ground or hard-scape shall be mowed or line-trimmed. Any visible weeds must be kept at 1” or less above ground.
2) Noxious weeds, such as Mallow, Fennel, “Wild Garlic”, and “Thistle” shall first be pulled or mechanically removed, then controlled with chemical applications as necessary (category III “Caution” only).

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2 •Careful precaution must be exercised to avoid any runoff into storm- drains at all times.
•All chemical applications must be performed by properly trained/ certified applicators only, as required by DPR and City IPM policy. •Parks Manager or appointed designee shall be notified in writing a minimum forty-eight (48) hours in advance of any chemical application.

Notice shall include name and EPA # of chemical(s) to be applied, date(s) and location(s).
•Posting shall be provided by Contractor as required per label, DPR, or as requested by Parks Manager.

All ground cover areas shall be maintained in a trimmed and weed-free condition.

Contractor at its expense shall replace plants killed by weeds and chemicals, etc.

Weeds shall be controlled and not allowed to become an “eyesore" or reach an objectionable height, as determined by the City.

B. Ground Cover - Ground cover areas shall be fertilized once per year in April with 15- 15-15 commercial fertilizer or equal, at a rate of 6 pounds per 1,000 square feet. In addition, the contractor shall follow fertilizer recommendations made in the soils report. Fertilizer shall be a complete fertilizer furnishing the required percentage of nitrogen, phosphoric acid and potash to keep groundcover, trees, shrubs and other plants in a healthy and vigorous growing condition. Applications shall be made at recommended rates. If the application of iron, zinc or other trace minerals is required to correct a specific soil deficiency, it shall also be applied as specified by the Inspector at the Contractor’s expense.
1) Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, shrubs, roadways or other adjacent areas. 2) Irrigate as required to maintain adequate growth and reasonable appearance. 3) Control pests, insects, and diseases, as necessary to maintain a healthy environment for plant growth. This includes rodents, snails, and slugs. 4) Bare ground cover (furrow) areas shall be kept cultivated and raked of all debris and free of weeds.

C. Shrubs - Shrub, Vine, Flower and Tree Maintenance
1) Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant’s natural character.

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2 2) Trim shrubs quarterly to maintain the size and shape specified by the City's representative or Parks Manager. Pruning shall result in the shrub maintaining a “natural” appearance.
3) Remove all dead, diseased or damaged branches back to a side branch. Do not leave branch stubs.
4) Application of an iron chelate fertilizer or other micronutrients shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. 5) Irrigate as required to maintain adequate growth and appearance. 6) All bare shrub bed areas shall be weeded and raked weekly to remove all litter and other debris.
7) Growth of woody plants shall be encouraged except where it interferes with maintenance activities, pedestrian circulation or roadways. Dead branches of plants shall be removed regularly.
8) Plant material adjacent to curbs, sidewalks and roadways shall be trimmed regularly to provide for proper, unobstructed circulation.
9) Any paper, weeds, cans or other litter found in groundcover/ shrub beds shall be removed and properly disposed of on a weekly basis.

Tree Maintenance
Trees shall be trimmed as necessary to allow for pedestrian and vehicle traffic, and to provide clearance from buildings, signs and other similar structures. Trees shall be trimmed in accordance with the City of Foster City's Tree Maintenance Manual and recognized International Society of Arboriculture (ISA) pruning standards. Contractor must maintain all trees fifteen (15) feet in height or smaller.
1) Remove all suckers from base of trees as they develop throughout the year. Remove all dead, broken or damaged branches in all trees.
2) Stake and support trees as necessary. Staking and guying shall be done in accordance with City standards.
3) All tree guys, ties and stakes shall be checked regularly to avoid girdling and damage. 4) Contractor shall stake or otherwise support trees during inclement weather, and remove branches and other debris generated by such weather.
5) Each site shall be inspected for dead or dying trees; broken, cracked or hanging branches; or other hazards. Immediately notify City's representative or Parks Manager if any of the above conditions exist.

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2 6) Except for emergency removal, no tree or shrub shall be removed without prior direction or approval of the City. Trees and shrubs badly damaged and in need of replacement shall be brought to the attention of the City's representative or Parks Manager. 7) Water as required to maintain proper and vigorous growth according to variety. 8) Tree wells shall be kept as bare soil unless groundcover is present. Weeds around trees shall be removed before they reach three (3)-inches in height. 9) Chemically control plant growth around trees for a one (1) foot distance from the base of the tree. Damage to the tree trunk by string trimmers (weed whips/line trimmers) must be avoided.
10) Complete pruning, heading back, lacing out or removal will be done by other tree-trimming contractors hired by the City.

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2 ATTACHMENT 1
List of Locations
Cul-De-Sacs:

Sunfish Court Mullet Court Bluefish Court
Shad Court Sandpiper Court Stilt Court
Puffin Court Killdeer Court Turnstone Court
Avocet Court Loon Court Curlew Court
Puffin Court Pelican Court Duck Court
Trysail Court Foresail Court Mainsail Court
Topsail Court Staysail Court Spinnaker Court
Trimaran Court Sloop Court Yawl Court
Ketch Court Challenge Court Eliza Court

END OF EXHIBIT A
Island Bridges:

Surfbird Isle Shearwater Isle
Sailfish Isle Shooting Star Isle
Flying Cloud Isle Dolphin Isle
Flying Mist Isle
Walkways:

Pilgrim Walkway Constitution Walkway
Ketch Park Walkways
Easements at Corporation Yard East 3rd Ave

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2 EXHIBIT B

FEE SCHEDULE
Supervisor $72.50
Irrigation specialist $ 67.50
Lands Scape Laborer $62.00
Pesticide Applicator $67.50

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2 EXHIBIT C

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

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2 *Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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2 ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence. ☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.
☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss.

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2 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.

3.Insurance terms and conditions:

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2 costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insu rer
Poli
cy
No.

Professional Liability:

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

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2 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 AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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2 EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City (“City”) and Loral Landscape, Inc. (“Consultant”) dated December 16, 2024.

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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2 schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

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

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

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

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DATE: December 16, 2024

TO:

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

VIA: Stefan Chatwin, City/District Manager

FROM: Waqas Hassan, Assistant Finance Director

DEPARTMENT: Finance
SUBJECT: ANNUAL DEVELOPMENT IMPACT FEE AND CAPACITY FEE REPORT FOR FISCAL YEAR 2023-2024

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions approving the annual development impact fee and capacity fee report for Fiscal Year 2023-2024.

EXECUTIVE SUMMARY
California Government Code 66000-66013 requires public agencies who assess development impact fees and capacity fees to provide an annual report at a public meeting. City staff has prepared such a report for Fiscal Year 2023-2024.

BACKGROUND AND ANALYSIS
Local agencies often charge a fee as a condition of approval for development projects to fund public improvements to compensate for the demands that the developments have on public resources. This fee is known as a development impact fee. In 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as the Mitigation Fee Act (MFA). The MFA applies to fees imposed on development projects to fund public facilities.

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The City/District assesses two enterprise capacity fees – Water Connection Fee and Sewer Connection Fee. The purpose of the capacity fees is to ensure that development pays its fair share of the costs associated with providing system capacity. The fee is charged at the time the building permit is issued. The fees collected enable the City/District to recover its initial infrastructure construction costs and subsequent maintenance costs that ratepayers have incurred to provide capacity for future connections.

The City/District also assesses the following development impact fees:

A) Affordable Housing Commercial Linkage Fee – This fee is paid by developers of commercial development projects to mitigate the impacts that such developments have on the demand for affordable housing in the City/District.

B) Park Facilities Impact Fee – This fee is paid by developers for their share of the development of park and recreational facilities related to new development.

C) Public Safety Impact Fee – The purpose of the fee is to fund public safety facilities by providing adequate levels of police and fire facility improvements, vehicles, and other equipment necessary for adequate police and fire service provision related to new development.

D) Transportation Impact Fee – The purpose of the fee is to fund the planning, design, development, and construction of Transportation Facilities related to New Development and ensure that New Development pays for its fair share of Transportation Facilities.

Pursuant to Government Code Section 66006(b)(1), AB 1600 requires local agencies to report the impact fees collected and their use annually. The MFA requires that the annual report of the impact fee must be made available to the public within 180 days after the last day of the fiscal year. The report must contain:

1. A brief description of the type of fee.

2. The amount of the fee.

3. The fee beginning and ending balances for the fiscal year.

4. The amount of fee collected, and interest earned.

5. An identification of each expenditure from the account, including a brief description of the expenditure and the percentage of the total cost of the expenditure funded by the fee.

6. An approximate date when construction will begin if the agency determines it has sufficient funds to complete a public improvement project.

7. A description of any interfund transfer or loan made from the account.

8. The amount of any refunds made from the account.

The attached report contains details to satisfy the requirements of Government Code section 66006 and is available to the public on the Financial Services page of the City’s website.

FISCAL IMPACT
There is no fiscal impact for the acceptance of this report.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement

ATTACHMENTS
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Development Impact Fees Report for Fiscal Year 2023-2024

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RESOLUTION NO. _____________

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

THE ANNUAL DEVELOPMENT IMPACT FEE AND CAPACITY FEE REPORT FOR FISCAL YEAR 2023-2024

CITY OF FOSTER CITY
WHEREAS, local agencies often charge a fee as a condition of approval for development projects to fund improvements to compensate for the demands that the developments have on public resources known as Development Impact Fee; and WHEREAS, in 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as Mitigation Impact Fee; and
WHEREAS, the City assesses four Development Impact Fees – Affordable Housing Commercial Linkage Fee, Park Facilities Impact Fee, Public Safety Impact Fee, and Transportation Impact Fee – and two Capacity Fees – Water Capacity Fee and Wastewater Capacity Fee; and
WHEREAS, pursuant to Government Code Section 66006 (b)(1), AB 1600 requires local agencies to report the Impact fees and Capacity fees collected and their use annually; and
WHEREAS, staff has completed the annual development impact fee and capacity fee report for FY 2023-2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City does hereby accept the Annual Development Impact Fee and Capacity Fee report for the Fiscal Year 2023-2024.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 16 th day of December 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________

STACY JIMENEZ, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 1 - City Resolution

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RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE AND CAPACITY FEE REPORT FOR FISCAL YEAR 2023-2024

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, local agencies often charge a fee as a condition of approval for development projects to fund improvements to compensate for the demands that the developments have on public resources known as Development Impact Fee; and WHEREAS, in 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as Mitigation Impact Fee; and
WHEREAS, the District assesses four Development Impact Fees – Affordable Housing Commercial Linkage Fee, Park Facilities Impact Fee, Public Safety Impact Fee, and Transportation Impact Fee – and two Capacity Fees – Water Capacity Fee and Wastewater Capacity Fee; and
WHEREAS, pursuant to Government Code Section 66006 (b)(1), AB 1600 requires local agencies to report the Impact fees and Capacity fees collected and their use annually; and
WHEREAS, staff has completed the annual development impact fee and capacity fee report for FY 2023-2024.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District does hereby accept the Annual Development Impact Fee and Capacity Fee report for the Fiscal Year 2023-2024.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 16 th day of December 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

STACY JIMENEZ, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

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City of Foster City/Estero Municipal Improvement District Annual Development Impact Fee and Capacity Fee Report
Fiscal Year Ended June 30, 2024
The California Mitigation Fee Act (California Government Code Section 66000 et seq.) mandates procedures for administration of impact fee programs, including collection and accounting, reporting, and refunds. Regarding the reporting requirements, the Mitigation Fee Act requires annual reporting to provide information about each impact fee fund under Government Code Section 66006 (b), and a separate five-year reporting to make findings for any fee revenue that remains unexpended under Government Code Section 66001 (d).

This annual development impact fee report meets the City of Foster City and the Estero Municipal Improvement District’s (City/District)’s annual development impact fees reporting requirement.

The City/District currently assesses six development impact fees: Water Connection Fee, Sewer Connection Fee, Affordable Housing Commercial Linkage Fee, Park Facilities Impact Fee, Public Safety Impact Fee, and Transportation Impact Fee.

Water Connection Fee
Water Connection Fee is a type of capacity fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to ensure that development pays its fair share of the costs associated with providing system capacity. The connection fee is charged at the time of the building permit is issued, and it is based on the size of the service connection, which is a direct measure of the cost of the facilities and the capacity provided by those facilities. The fees collected will be used to pay for existing and future public facilities that provide water capacity, supply, and infrastructure to serve new connections.

The following table shows the revenues and expenditures activities of water connection fees and the capital projects funded by the fee.

Meter Size Fees
¾ “ $12,188
1 “ $20,355
1 ½” $48,753
2 “ $64,965
3 “ $142,240
4 “ $255,959
6 “ $568,837
8 “ $975,081
Water Connection Fee Schedule
Fiscal Year 2023-2024

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Water Connection Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30
Projects Funded by Water Connection Fee for the Fiscal Year Ended June 30, 2024 In FY 2023-2024, there were no interfund transfers, loans, or refunds made from the fund, and the unexpended fund balance of the water connection is $156,059. The fund balance and continued collection of water connection fees will be utilized to fund projects related to the water system improvements and ongoing maintenance of existing facilities. The City/District has programmed $100,000 in Water Connection Fees toward the completion of a Water Main Condition Assessment in the FY 2024-2025 Capital Improvement Plan budget.

Sewer Connection Fee
Sewer Connection Fee is a type of capacity fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to recover an equitable share of costs for capacity in facilities needed to provide sewer services. New development connecting to the City of Foster City’s sewer system is charged at the time of the building permit is issued. The connection fee is based on the reasonable cost of capacity per service connection. The reasonable cost is derived Fiscal Year Ended June 30, 2020 2021 2022 2023 2024
BEGINNING BALANCE $ 180,659 $ - $ 678,698 $ 1,125,686 $ 1,206,901 REVENUES:

Water Connection Fees - 977,278 443,541 46,433 - Interest Income 3,221 2,779 3,447 34,782 49,158 Total revenues 3,221 980,057 446,988 81,215 49,158 EXPENDITURES:

Capital Projects:Water System Improvements & Valve Replacements (CIP#636) 183,880 159,287 - - - Water Tank Improvements Project (CIP#660) - 142,072 - - 1,100,000 Total expenditures 183,880 301,359 - - 1,100,000 REVENUES OVER(UNDER) EXPENDITURES (180,659) 678,698 446,988 81,215 (1,050,842) ENDING BALANCE $ - $ 678,698 $ 1,125,686 $ 1,206,901 $ 156,059 Project No. Project Name
FY 2023-2024 Total Expenditure (All Funding Sources)
FY2023-2024 Connection Fee Expended
% of Expenditures Funded with Connection Fee
Project Completed? (Y/N)
405-660 Water Tank Improvements Project 1,576,986$ 1,100,000$ 70% N - in progress

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based on the value of facilities that provide capacity for growth. The sewer connection fees are charged based on per Equivalent Dwelling Unit (EDU). Single family and multi family connections are charged per EDU based on the number of dwelling units. Commercial customers are charged per EDU based on their estimated indoor water use and a strength factor for low, medium, and high strength sewer discharge. The fees collected will be used by the City/District to pay for existing and future facilities that provide capacity to serve future connections.

The following table shows the revenues and expenditures activities of sewer connection fees and the capital projects funded by the fee.

Sewer Connection Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30
Customer Class Fees UnitSingle Family $8,525.00 Per Dwelling UnitMulti Family $5,328.00 Per Dwelling Unit Commercial $8,525.00 Per Equivalent Dwelling Unit Sewer/Wastewater Connection Fee Schedule Fiscal Year 2023-2024 Fiscal Year Ended June 30, 2020 2021 2022 2023 2024
BEGINNING BALANCE $ - $ - $ 147,971 $ 329,365 $ 347,530 REVENUES:

Sewer Connection Fees - 482,551 180,449 8,120 - Interest Income - 1,234 945 10,046 16,015 Total revenues - 483,785 181,394 18,166 16,015 EXPENDITURES:

Capital Projects:Sewer System Rehab-Force Main, Gravity Mains & Manholes 2011/2012 (CIP#611) - 146,590 - - - Sanitary Sewer Lift Station Improvement Project Phase 5 (CIP#626) - 83,089 - - - Lift Station 59 Effluent Line Improvements (CIP#695) - 49,773 - - - Sanitary Sewer System Improvements (CIP#696) - 56,362 - - - Total expenditures - 335,814 - - - REVENUES OVER(UNDER) EXPENDITURES - 147,971 181,394 18,166 16,015 ENDING BALANCE $ - $ 147,971 $ 329,365 $ 347,530 $ 363,545

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4 Published, 11/26/2024
In FY 2023-2024, there were no projects funded by sewer connection fees, and there were no interfund transfers, loans or refunds made from the fund, and the unexpended fund balance of the sewer connection is $363,545. The fund balance and continued collection of sewer connection fees will be utilized to fund the projects related to the sewer system improvements and ongoing maintenance and operations of existing facilities. The City/District has not programmed any projects funded by sewer connection fees in the FY 2024-2025 Capital Improvement Plan budget.

Affordable Housing Commercial Linkage Fee
Affordable Housing Commercial Linkage Fee is the fee paid by developers of commercial development projects to mitigate the impacts that such developments have on the demand for affordable housing in the City/District. The purpose of the affordable housing linkage fee is to enhance the public welfare by imposing a fee whereby developers of commercial development projects will mitigate the impacts of their projects on the need for affordable housing by contribution to the supply of housing for households with very low, low, and moderate incomes.

The affordable housing fund will provide benefits to the community from new commercial development in the form of affordable housing, thereby helping to meet the needs of all socio- economic elements of the community as provided in the housing element.

The following table shows the revenues and expenditures activities of commercial linkage fees.

Category Fee per Square Foot of Net New Gross Floor Area(effective starting 8/20/2022) Office (including Medical Office) $30Retail (including Restaurant and Services) $5 Industrial (including Research & Development) $30
Hotel (effective starting 8/20/2022) $10
Affordable Housing Commercial Linkage Fee (Nonresidential Development Projects) ScheduleFiscal Year 2023-2024

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Affordable Housing Commercial Linkage Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30
The above-noted expenditures of $9,909 represent 5% of the total program cost of $187,427 for the administrative-related tasks for city-owned and privately owned Below-Market-Rate (BMR) units. In FY 2023-2024, there were no interfund transfers, loans, or refunds made from the fund, and the unexpended fund balance of the commercial linkage was $5,467,174. The fund balance and continued collection of commercial linkage fees will be used to 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.

Park Facilities Impact Fee
The park facilities impact fee is a type of development fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to fund the creation and improvement of Park Facilities, including, but not limited to, the planning, designing, developing, and improving of existing and newly acquired Park Facilities related to new development and ensure that new development pays for its share of park and recreational facilities.

Fiscal Year Ended June 30, 2021 2022 2023 2024
BEGINNING BALANCE $ - $ 568,915 $ 571,506 $ 588,599 REVENUES:

Commercial Linkage Fees 567,683 - - 4,789,410 Interest Income 1,232 2,591 17,093 99,074 Total revenues 568,915 2,591 17,093 4,888,484 EXPENDITURES:

Housing Projects Expenditures - - - 9,909 Total expenditures - - - 9,909 REVENUES OVER(UNDER) EXPENDITURES 568,915 2,591 17,093 4,878,575 ENDING BALANCE $ 568,915 $ 571,506 $ 588,599 $ 5,467,174

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The following table shows the revenues and expenditures activities of parks facilities impact fee.

Park Facilities Impact Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30
In FY 2023-2024, there were no projects funded by park facilities impact fees, and there were no interfund transfers, loans, or refunds made from the fund, and the unexpended fund balance of the park facility impact fee was $568,798. The fund balance and continued collection of park facility impact fees will be utilized to fund the projects related to the expansion of park capacity in Foster City as allowed by law. The City/District has programmed $560,300 in park facility impact fees toward the Recreation Center Rebuild Project in the FY 2024-2025 Capital Improvement Plan budget.

Single Family Residential $14,926
Multifamily Residential $11,639
Office $6.24
Retail $2.35
Industrial $3.51
Hotel $2.14
Parks Facilities Impact Fee Schedule
Fiscal Year 2023-2024
(effective starting 8/20/2022)
Residential Development Projects (per unit)
Non-Residential Development Projects (per Sq. Ft.)
Fiscal Year Ended June 30, 2024
BEGINNING BALANCE $ -
REVENUES:

Park Facilities Impact Fees 560,361
Interest Income 8,437
Total revenues 568,798
EXPENDITURES:

Park Facilities Expenditures -
Total expenditures -
REVENUES OVER(UNDER) EXPENDITURES 568,798
ENDING BALANCE $ 568,798

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Public Safety Impact Fee
The public safety impact fee is a type of development fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to fund public safety facilities by providing adequate levels of police and fire facility improvements, vehicles, and other equipment necessary for adequate police and fire service provision related to new development.

The following table shows the revenues and expenditures activities of public safety impact fee.

Public Safety Impact Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30
In FY 2023-2024, there were no projects funded by public safety impact fees, and there were no interfund transfers, loans, or refunds made from the fund, and the unexpended fund balance of Single Family Residential $1,594
Multifamily Residential $1,243
Office $1.14
Retail $0.64
Industrial $0.38
Hotel $0.23
Public Safety Impact Fee ScheduleFiscal Year 2023-2024
(effective starting 8/20/2022)
Residential Development Projects (per unit)
Non-Residential Development Projects (per Sq. Ft.)
Fiscal Year Ended June 30, 2024
BEGINNING BALANCE $ -
REVENUES:

Public Safety Impact Fees 60,666
Interest Income 914
Total revenues 61,580
EXPENDITURES:

Public Safety Expenditures -
Total expenditures -
REVENUES OVER(UNDER) EXPENDITURES 61,580
ENDING BALANCE $ 61,580

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the public safety impact fee was $61,580. The fund balance and continued collection of public safety impact fee will be used to fund police capital facilities and equipment and vehicles necessary to accommodate growth. The City/District has not programmed any projects funded by the public safety impact fee in the FY 2024-2025 budget.

Transportation Impact Fee
The transportation impact fee is a type of development fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to fund the planning, design, development, and construction of Transportation Facilities related to New Development and ensure that New Development pays for its fair share of Transportation Facilities.

The following table shows the revenues and expenditures activities of transportation impact fee.

Transportation Impact Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30
Single Family Residential $2,123
Multifamily Residential $1,656
Office $3.62
Retail $2.01
Industrial $1.19
Hotel $0.72
Transportation Impact Fee ScheduleFiscal Year 2023-2024 (effective starting 8/20/2022)
Residential Development Projects (per unit)
Non-Residential Development Projects (per Sq. Ft.)
Fiscal Year Ended June 30, 2024
BEGINNING BALANCE $ -
REVENUES:

Transportation Impact Fees 189,980
Interest Income 2,860
Total revenues 192,840
EXPENDITURES:

Transportation Expenditures -
Total expenditures -
REVENUES OVER(UNDER) EXPENDITURES 192,840
ENDING BALANCE $ 192,840

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In FY 2023-2024, there were no projects funded by transportation impact fees, and there were no interfund transfers, loans, or refunds made from the fund, and the unexpended fund balance of the transportation impact fee was $192,840. The fund balance and continued collection of transportation impact fee will be used to fund transportation system capacity as allowed by law.

The City/District has not programmed any projects funded by transportation impact fees in the FY 2024-2025 Capital Improvement Plan budget.

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8 0
2 DATE: December 16, 2024

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager

FROM: Andrew Brozyna, Public Works Director City/District Engineer Laura Galli, Engineering Manager
Ryan Marquez, Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO WEST STAR
ENVIRONMENTAL, INC. IN THE AMOUNT OF $3,147,259 FOR

THE CONSTRUCTION OF THE FUEL SYSTEMS
IMPROVEMENTS PROJECT (CIP 301-700); THE EXECUTION
OF A TASK ORDER WITH CONSOR PMCM, INC. IN THE
AMOUNT OF $303,270 FOR CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES; APPROVING THE TRANSFER
OF $286,000 FROM FUND 405 TO FUND 301; APPROVING THE
TRANSFER OF $286,000 FROM FUND 455 TO FUND 301;
APPROVING THE APPROPRIATION OF $222,000 TO ACCOUNT
NUMBER 301-0910-700-4251

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

1. The Mayor/President to execute an agreement with West Star Environmental, Inc. in the amount of $3,147,259 for the construction of the Fuel Systems Improvements Project (CIP 301-700); and

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2 2. The establishment of a construction contingency in the amount of $315,000 with authorization given to the City/District Manager or his designee, to execute contract change orders up to the contingency amount; and

3. The Mayor/President to execute a task order with Consor PMCM, Inc. in the amount of $303,270 for Construction Management & Inspection services for the Fuel Systems Improvements Project (CIP 301-700); and

4. The establishment of a contingency in the amount of $30,000 for the task order with Consor PMCM, Inc. with authorization given to the City/District Manager or his designee to execute contract amendments up to the contingency amount; and

5. The transfer of $286,000 from Fund 405, Water Enterprise CIP Fund, to the City CIP Fund 301; and

6. The transfer of $286,000 from Fund 455, Waste Water Enterprise CIP Fund, to the City CIP Fund 301; and

7. The appropriation of $222,000 from Fund 301 to the Fuel Systems Improvement Project Account 301-0910-700-4251.

EXECUTIVE SUMMARY
Three (3) bids were received and opened on Tuesday, November 19, 2024 at 2:00PM.

After reviewing the bids, the bid submitted by West Star Environmental, Inc. (West Star) in the amount of $3,147,259 was determined to be the lowest responsible and responsive bid. Consor PMCM, Inc. (Consor) will provide construction management and inspection services throughout the duration of construction. Consor is an on-call consultant and has experience in this field. Construction is anticipated to start in summer 2025 (due to long lead times for delivery of tanks) and will have 135 calendar days to complete. Total funding in the amount of $4,000,000 is budgeted for the project, of which approximately $325,000 has been encumbered for design. To fully fund construction, an additional budget appropriation of $222,000 is required.

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

The existing fueling systems to be replaced include:

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2 1. Two 10,000-gallon underground unleaded storage tanks (UGSTs) with two fuel dispensers, installed in the early 1990s at the entrance outside of the Corporation Yard on Lincoln Centre Drive. The existing tanks and fuel dispenser will be removed, and new above ground storage tanks (AGSTs) and fuel dispensers will be constructed next to the Corporation Yard Vehicle Maintenance Building.

2. Two 5,000-gallon above AGSTs, installed in the early 1990s, in an open concrete vault with canopy immediately adjacent to and west of the lagoon pump station building. The tanks provide diesel fuel for vehicles and equipment via a single fuel dispenser and for the day tank for the lagoon pump engines. The diesel fuel system also stores fuel for the emergency generators at EMID’s lift stations which is trucked to lift stations, as needed by staff. The existing tank will be removed, the vault filled in, canopy removed, and new above ground tanks with dispensers will be constructed adjacent to the entrance gate between the lagoon pumphouse and Tank 3.

3. One 210-gallon day tank for diesel fuel, installed in the early 1960’s, inside the lagoon pump station building. The day tank provides fuel to the two lagoon pump engines and the large emergency generator serving the Corporation Yard Buildings and Pump Station 59. This tank will be replaced in the same vicinity as its current location.

In addition to replacement and relocation of the above fuel systems, the project consists of the replacement of the existing dispensers and fuel control software.

In February 2021, following a competitive procurement, the City/EMID engaged TAIT to perform a detailed analysis of the City/EMID’s existing fuel systems, prepare a conceptual engineering assessment, and develop a Technical Memorandum outlining recommendations for improvements for design.

At the Council/Board meeting on August 1, 2022, the Council/Board adopted City Resolution No. 2022-91 approving a Request for Proposal (RFP) to provide professional engineering services for CIP 301-700. One proposal was received. It was determined prudent to advertise again, to encourage more proposals.

At the Council/Board meeting on January 17, 2023, The Council/Board adopted City Resolution No. 2023-6 and EMID Resolution No. 3701 approving the issuance of the RFP to provide professional engineering services for CIP 301-700.

At the Council/Board meeting on May 1, 2023, The Council/Board adopted City Resolution No. 2023-42 and EMID Resolution No. 3718 awarding a contract for professional engineering services for CIP 301-700 to TAIT.

At the Council/Board meeting on October 21, 2024, the Council/Board adopted City Resolution No. 2024-108 and EMID Resolution No. 3779 approving the plans and

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2 specifications and authorizing the call for bids for the subject project. It was noted that based on the engineer’s estimate, the project was likely going to require additional funding.

ANALYSIS
Three bids for this project were opened on Tuesday, November 19, 2024, at 2:00 PM, with the following results:
$
Over/(Under)
%
Over/(Under)Name of Company Total Bid Engineer’s
Estimate
Engineer’s
Estimate
Engineer’s Estimate $3,100,000 - -
West Star Environmental, Inc. $3,147,259 $47,259 1.5%
Able Maintenance $3,315,941 $215,941 7.0%
GEMS Environmental Mgmt.

Services, Inc. $4,968,171 $1,868,171 60.3%
The lowest responsible and responsive bid, in the amount of $3,147,259 was submitted by West Star. As shown in the table above, West Star is within 2% of the engineer’s estimate.

Staff contacted the references listed by West Star and received positive comments regarding their performance. West Star has met all the bid requirements and provided all the required documents and licenses.

Due to the long lead time (approximately five months) for the fuel tanks, construction is anticipated to start in summer 2025 and will be coordinated with other Capital Projects expected to take place in the Corporation Yard during that time. The contractor will have 135 calendar days to complete the project from Notice to Proceed to Construction, expected in May 2025. Work will be performed in the City’s corporation yard.

Project management will be performed by City/District staff with construction management services provided by Consor via Task Order CON2024-02 (Attachment 3). Consor is familiar with this type of construction and has been successfully working with the District on the Water Tanks and Facilities Improvement Project (CIP 405-660) and Seismic Improvements at Lagoon Pump Station (CIP 301-690).

The attached scope of work assumes the selected construction management team would share an inspector with a second project that is also planned for construction at the Corporation Yard next summer (CIP 455-695). As of this time, the plan to share

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2 resources appears to be feasible. The inspector will divide their time between this project and CIP 695 Lift Station 59 Effluent Improvement Project during the overlapping months of construction. The attached scope of work in the amount of $303,270 (Attachment 3), is reflective of the negotiated agreed upon price for these services.

Staff is requesting a 10% contingency in the amount of $30,000, in case these projects do not align as planned or other unexpected circumstances arise.

CEQA
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

FISCAL IMPACT
Below is the current project funding breakdown.

Budget Funding Source Amount
Vehicle Replacement Fund (501) $ 327,946.00
CIP City (301) $2,297,054.00
Water Capital Investment (405) $ 687,500.00
Wastewater Capital Investment (455) $ 687,500.00
Total $4,000,000.00
Below is the proposed projected use of funds.

Expense Amount
Design & Permitting (TAIT) (including 10% contingency) $ 324,667.25 Construction Contract $ 3,147,259.00
Construction Contract Contingency (10%) $ 315,000.00 Construction Management & Inspection Services $ 303,270.00 Construction Management & Inspection Services
Contingency (10%) $ 30,000.00
Miscellaneous Budget $ 100,000.00
Total $ 4,220,196.25
Budget Shortfall $ 220,196.25
Approximately $222,000 of additional appropriation is required to deliver the project.

Upon review of the initial project creation, the funding source breakdown consisted of 50% from Fund 301 (City CIP), 25% from Fund 405 (Water CIP), and 25% from Fund 455 (Wastewater CIP). With the request for an appropriation of $222,000, a rebalancing of the project funding ratio is recommended. This would entail transferring funding in the amount of $286,000 each from Funds 405 & 455 ($572,000 total) into the project budget and returning $350,000 from the project budget (301-0910-700-4251) back to the City CIP Fund 301.

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2 This is accomplished by transferring $286,000 each from Funds 405 and 455 to the City CIP 301 and appropriating $222,000 of that $572,000 to the project budget, thus reimbursing CIP 301 for its overcommitted portion ($350,000) of budget.

The table below illustrates that the total project budget would increase by $222,000, achieves the rebalancing of the funding sources, and reduces the burden on the General Fund by $350,000. The Vehicle Replacement Fund is not included in the calculation as it is already distributed among funds 301, 405, and 455.

Total Project
Budget
VRF
(501)
City CIP
(301)
Water CIP
(405)
WW CIP
(455)
Current
Budget Funding
Sources
$ 4,000,000 $ 327,946 $ 2,297,054 $ 687,500 $ 687,500 Current Funding
Source
Distribution
(already
allocated) 63% 19% 19%
Rebalancing $ 222,000 $0 ($ 350,000) $ 286,000 $ 286,000 Revised Project
Budget &
Funding
Distribution
$ 4,222,000 $ 327,946 $ 1,947,054 $ 973,500 $ 973,500 New Funding
Source
Distribution
(already
allocated) 50% 25% 25%

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Task Order CON2024-02 with Consor for Construction Management Services
Attachment 4 – Construction Agreement with West Star Environmental, Inc.

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4 4
RESOLUTION NO. ___________

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

APPROVING AWARD OF CONSTRUCTION CONTRACT TO WEST STAR
ENVIRONMENTAL, INC. IN THE AMOUNT OF $3,147,259 FOR THE CONSTRUCTION OF THE FUEL SYSTEMS IMPROVEMENTS PROJECT (CIP 301-700); THE EXECUTION OF A TASK ORDER WITH CONSOR PMCM, INC. IN THE AMOUNT OF $303,270 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVING THE TRANSFER OF $286,000 FROM FUND 405 TO FUND 301; APPROVING THE TRANSFER OF $286,000 FROM FUND 455 TO FUND 301; APPROVING THE APPROPRIATION OF $222,000 TO ACCOUNT NUMBER 301-0910- 700-4251; AND FINDING THE APPROVAL EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15061(B)(3) AND 15301(C)—EXISTING FACILITIES

CITY OF FOSTER CITY
WHEREAS, the City’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced due to safety, regulatory compliance, and environmental concerns; and
WHEREAS, the fuel systems are essential equipment and relied upon to provide necessary services to the community; and
WHEREAS, on January 17, 2023, the City Council adopted City Resolution No. 2023-06 authorizing the Foster City Public Works Department to advertise a Request for Proposals for Engineering Design Services for replacement of fuel systems in CIP 301- 700; and
WHEREAS, on May 1, 2024 the City Council adopted City Resolution No. 2023- 42 awarding professional engineering services for CIP 301-700 to TAIT Environmental Services, Inc for design and permitting; and
WHEREAS, on October 21, 2024 the City Council adopted City Resolution No. 2024-108 approving the plans and specifications and authorizing the call for bids for the subject project; and
WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities; and
WHEREAS, total funding in the amount of $4,000,000 was approved for CIP 301- 700 project budget; and
WHEREAS, an additional funding in the amount $222,000 is required;

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WHEREAS, project contributions from various funding sources need to be balanced; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The Mayor to execute an agreement with West Star Environmental, Inc. in the amount of $3,147,259.00 for the construction of the Fuel Systems Improvements Project (CIP 301-700); and

2. The establishment of a construction contingency in the amount of $315,000 with authorization given to the City Manager to execute contract change orders up to the contingency amount; and

3. The Mayor to execute a task order with Consor PMCM, Inc. in the amount of $303,270 for Construction Management & Inspection services for the Fuel Systems Improvements Project (CIP 301-700); and

4. The establishment of a contingency in the amount of $30,000 for the task order with Consor PMCM, Inc. with authorization given to the City Manager or his designee to execute contract amendments up to the contingency amount; and

5. The transfer of $286,000 from Fund 405, Water Enterprise CIP Fund, to the City CIP Fund 301; and

6. The transfer of $286,000 from Fund 455, Waste Water Enterprise CIP Fund, to the City CIP Fund 301; and

7. The appropriation of $222,000 from Fund 301 to the Fuel Systems Improvement Project Account 301-0910-700-4251.

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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 16th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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RESOLUTION NO. ___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING AWARD OF CONSTRUCTION CONTRACT TO WEST STAR ENVIRONMENTAL, INC. IN THE AMOUNT OF $3,147,259 FOR THE CONSTRUCTION OF THE FUEL SYSTEMS IMPROVEMENTS PROJECT (CIP 301- 700); THE EXECUTION OF A TASK ORDER WITH CONSOR PMCM, INC. IN THE AMOUNT OF $303,270 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVING THE TRANSFER OF $286,000 FROM FUND 405 TO FUND 301; APPROVING THE TRANSFER OF $286,000 FROM FUND 455 TO FUND 301; APPROVING THE APPROPRIATION OF $222,000 TO ACCOUNT NUMBER 301-0910- 700-4251; AND FINDING THE APPROVAL EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15061(B)(3) AND 15301(C)—EXISTING FACILITIES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced due to safety, regulatory compliance, and environmental concerns; and
WHEREAS, the fuel systems are essential equipment and relied upon to provide necessary services to the community; and
WHEREAS, on January 17, 2023, the Board of Directors adopted EMID Resolution No. 3701 authorizing the staff to advertise a Request for Proposals for Engineering Design Services for replacement of fuel systems in CIP 301-700; and WHEREAS, on May 1, 2024 the Board of Directors adopted EMID Resolution No. 3718 awarding professional engineering services for CIP 301-700 to TAIT Environmental Services, Inc for design and permitting; and
WHEREAS, on October 21, 2024 the Board Directors adopted EMID Resolution No. 3779 approving the plans and specifications and authorizing the call for bids for the subject project; and
WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities; and
WHEREAS, total funding in the amount of $4,000,000 was approved for CIP 301- 700 project budget; and
WHEREAS, an additional funding in the amount $222,000 is required; and

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WHEREAS, project contributions from various funding sources need to be balanced; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:

1. The President to execute an agreement with West Star Environmental, Inc. in the amount of $3,147,259.00 for the construction of the Fuel Systems Improvements Project (CIP 301-700); and

2. The establishment of a construction contingency in the amount of $315,000 with authorization given to the District Manager to execute contract change orders up to the contingency amount; and

3. The President to execute a task order with Consor PMCM, Inc. in the amount of $303,270 for Construction Management & Inspection services for the Fuel Systems Improvements Project (CIP 301-700); and

4. The establishment of a contingency in the amount of $30,000 for the task order with Consor PMCM, Inc. with authorization given to the District Manager or his designee to execute contract amendments up to the contingency amount; and

5. The transfer of $286,000 from Fund 405, Water Enterprise CIP Fund, to the City CIP Fund 301; and

6. The transfer of $286,000 from Fund 455, Waste Water Enterprise CIP Fund, to the City CIP Fund 301; and

7. The appropriation of $222,000 from Fund 301 to the Fuel Systems Improvement Project Account 301-0910-700-4251.

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PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 16th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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TASK ORDER NO. CON-2024-02

TO MASTER SERVICES AGREEMENT
This Task Order No. CON-2024-02 ("Task Order") is made and entered into by and between the City of Foster City / Estero Municipal Improvement District (“City/District”) and Consor PMCM, Inc., ("Consultant").

RECITAL
A. City/District and Consultant entered into an agreement entitled MASTER PROFESSIONAL

SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ("Agreement"), by which the Consultant agreed to perform Construction Management and Inspection services in accordance with Task Orders issued by the City/District.

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, District will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $303,270 (including all hourly billings as well as reimbursable costs) at the rates and schedules specified in Exhibit A or within the Agreement, attached hereto and incorporated herein by reference.

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 Ciy/District.

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

City of Foster City/
Estero Municipal Improvement District Consultant
_____________________________ _________________________ By: Stacy Jimenez By: Ismael Pugeda
Title: Mayor/President Title: Project Manager
Date: _________________________ Date: _____________________

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EXHIBIT A

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

PROFESSIONAL ON-CALL CIVIL ENGINEERING SERVICES
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between Consor PMCM, 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.

DESCRIPTION OF PROJECT
See attached proposal.

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DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this 16th day of December 2024, by and between West Star Environmental, Inc. whose place of business is located at 4700 W. Jennifer Avenue, Fresno, CA 93722 (Contractor), and CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENTS DISTRICT, 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. adopted on the 16 th day of December 2024 awarded to Contractor the following Contract:

Fuel System Improvements Project
At 100 Lincoln Centre Drive]
PROJECT NUMBER CIP 301-700
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) in the amount of three million one hundred forty- seven thousand two hundred fifty nine dollars and zero cents ($3,147,259).

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 Procurement and Construction Work
A. Contractor shall commence procurement of long lead items and all other necessary work in preparation for construction work on the date established in the Notice to Proceed for Procurement (Commencement Date).

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B. Contractor shall commence Construction Work on the date established in the Notice to Proceed for Construction Work, expected May 2025.

C. Owner reserves the right to modify or alter the Notices to Proceed.

1.04 Procurement Period
A. The procurement period shall be used only for the procurement of bid items and all other necessary work in preparation for construction activities.

B. Procurement Period is to run from execution of Agreement until date established in the Notice to Proceed to Construction Work, expected May 2025.

1.05 Completion of Construction Work
A.Contractor shall achieve Substantial Completion of the entire new Unleaded system within 70 Calendar Days from the end of the Procurement Period.

B. Contractor shall achieve Substantial Completion of the entire Work within 120 Calendar Days from the end of the Procurement Period.

C. Contractor shall achieve Final Completion of the entire Work 15 Calendar Days from the date of Substantial Completion.

ARTICLE 2 PROJECT REPRESENTATIVES

2.01 Owner’s Project Manager
A. Owner has designated Ryan Marquez 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 Dave Mendrin 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 Nine Hundred and Fifty dollars ($950.00) 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.

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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 [FOR OWNER’S CONSIDERATION]

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:

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
Document 01 1100 Summary of Work
Document 01 2000 Measurement and Payment
Document 01 2100 Allowances
Document 01 2220 Project Bid Items Measurement and Payment Document 01 2600 Modification Procedures
Document 01 3119 Project Meetings
Document 01 3200 Progress Schedules and Reports
Document 01 3300 Submittals
Document 01 4100 Regulatory Requirements
Document 01 4200 References and Definitions
Document 01 4523 Testing and Inspection
Document 01 5000 Temporary Facilities and Controls
Document 01 5600 Site Security and Safety
Document 01 5713 Temporary Erosion and Sedimentation Control Document 01 6000 Product Requirements
Document 01 7300 Execution Requirements
Document 01 7400 Cleaning and Waste Management
Document 01 7700 Contract Closeout
Document 01 7839 Project Record Documents
Document 02 4100 Demolition
Document 02 6500 Underground Storage Tank Removal
Document 03 0100 Maintenance of Concrete
Document 03 1000 Concrete Forming and Accessories
Document 03 2000 Concrete Reinforcing
Document 03 3000 Cast-in-Place Concrete
Document 10 7316R Metal Canopy

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Document 23 1113R2 Facility Fuel System
Document 26 0505 Selective Demolition for Electrical
Document 26 0526 Grounding and Bonding for Electrical Systems Document 26 0529 Hangers and Supports for Electrical Systems Document 26 0533.13 Conduit for Electrical Systems
Document 26 0533.16 Boxes for Electrical Systems
Document 26 2416 Panelboards
Document 31 2316 Excavation
Document 31 2316.13 Trenching
Document 31 2323 Backfill
Document 32 1123 Aggregate Base Courses
Document 32 1216 Asphalt Paving
Document 32 1313 Concrete Paving
Document 33 4616 Subdrainage Piping

CONSTRUCTION DRAWINGS
T-1 Title Sheet
A-1 Site Plan East – Unleaded
A-2 Site Plan West – Diesel
A-3 Detailed Scope of Work and Construction Phasing A-4 Detailed Scope of Work and Construction Phasing D-1 AST Demolition Site Plan
C-1 UST Demolition Plan
C-2 AST Demolition / Installation Plan
C-3 AST Demolition / Installation Plan
C-4 UST Paving Repair Grading Plan / AST Installation Grading Plan C-5 AST & Canopy Grading & Drainage Plan
C-6 Site Details / Construction BMP’s
F-1 10,000 Gallon Unleaded AST Detail
F-2 10,000 Gallon Diesel AST Detail
F-3 Unleaded Tank Plans and Elevations
F-4 Diesel Tank Plans and Elevations
F-5 Miscellaneous Details
F-6 Day Tank Replacement Plan
E-1.1 Electrical Schedules & Details
E-1.2 Electrical Schedules & Diagrams (East)
E-1.3 Electrical Schedules & Diagrams (West)
E-2.1 Electrical Site Plan (East)
E-2.2 Electrical Site Plan (West)
E-3.1 East AST Area Classification Plan
E-3.2 West AST Area Classification Plan
E-4.1 East AST Electrical Plans
E-4.2 West AST Electrical Plans
E-5.1 Energy Compliance – Title 24
E-5.2 Energy Compliance – Title 24

ATTACHMENTS
Attachment 1 Geotechnical Engineering Investigation and Limited Environmental Sampling (No. 5-223-0625)
Attachment 2 Underground Storage Tank System and Sump Closure Requirements (UN-002)
Attachment 3 Underground Storage Tank System Closure Permit Application (UN-003) Attachment 4 Aboveground Tank System Closure Requirements (UN-063) Attachment 5 Aboveground Tank System Closure Permit Application (UN-064)

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Drawings, Table, Schedules, and Technical Specifications listed in Document 00 0115

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 Office, 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 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/ESTERO MUNICIPAL
IMPROVEMENTS DISTRICT:

CONTRACTOR:

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By: ______________________________
Stacy Jimenez, Mayor/President
Name: West Star Environmental, Inc.

By: ______________________________
(Signature)
Its: _____________________________
Title (If Corporation: Chairman, President
or Vice President)
ATTEST:

By: ______________________________
Priscilla Schaus, City/District Clerk
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
1099 INFORMATION:

Contractor Taxpayer I.D. No.: ________________
APPROVED AS TO FORM:

By: ____________________________
Benjamin Stock, City/EMID Attorney
APPROVED AS TO ADMINISTRATION:

By: ____________________________
Stefan Chatwin, City/District Manager

END OF DOCUMENT

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0 DATE: December 16, 2024

TO:

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

VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant/District City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF

FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT
AND FOSTER CITY VILLAGE, INC. EXTENDING TERM FROM
JANUARY 1, 2025 THROUGH DECEMBER 31, 2025, WITH
ADDITIONAL OPTIONAL EXTENSION THROUGH JUNE 30, 2026

AND AUTHORIZING CITY/DISTRICT MANAGER TO APPROVE

FUTURE EXTENSIONS, FOR USE OF OFFICE AND

MEETING/CLASSROOM SPACE, INFORMATION TECHNOLOGY

SERVICES AND EQUIPMENT AT CITY HALL

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions authorizing a Third Amendment to an Agreement between the City of Foster City/EMID and Foster City Village, Inc. extending the term from January 1, 2025 through December 31, 2025 with an optional extension thereafter through June 30, 2026 and authorizing the City/District Manager to approve future extensions, for the use of City- owned office and meeting/classroom space, information technology services and equipment at City Hall.

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0 EXECUTIVE SUMMARY
The Foster City Village (“The Village”) is a non-profit, membership-based organization whose mission is to enable older adults to continue living in their homes and communities as they age. The Village has utilized office space at the current Community Center for about eight years under an annual agreement.

The original agreement between the City of Foster City and the Village dated December 13, 2021 (“Agreement”) is one where the Village would take an active “partnership” role in deploying older adult programs and services using City facilities in a way that is both cost efficient and effective to serve Foster City residents. The City’s Recreation Coordinator and the Village counterpart would conduct monthly meetings, sharing program information, and collaborating on opportunities for both Village members and non-members. The initial one-year term of the Agreement expired on December 31, 2022, and a First Amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023. A second extension was approved for January 1, 2024 through December 31, 2024. On January 16, 2024, the Council gave direction to revise the proposed Second Amendment to the Agreement to give the City/District Manager authority to approve future requests to extend the term of the Agreement. Staff has revised Section 1.2 of the proposed Second Amendment of the Agreement to authorize the City Manager/EMID Manager to exercise the City’s/District’s option to extend the term of the Agreement. The parties wish to amend the Agreement again to extend the term for an additional one-year period through December 31, 2025. Due to the closure of the Recreation Center, programs and staff offices were moved to the Community Center and the Vibe. The Foster City Village office was relocated to the second floor of City Hall with their approval.

BACKGROUND / ANALYSIS
The Village is a non-profit, membership-based agency whose mission is to “enable older adults to continue living in their homes and communities as they age by providing mobility, practical assistance, access to services, social connections and educational opportunities.” The Village was chartered as a non-profit on February 13, 2013, and began to provide services that year to its membership base consisting of residents living in the 94404-zip code. As of January 2021, the Village had 115 members, which represents approximately 1% of the estimated 11,030 adults over the age of 55 living in Foster City in 2019 according to the US Census Bureau. The Village leverages its operating revenues, the vast majority of which come from grants, including $7,000 from the City of Foster City in Fiscal Year 2022-2024, to deploy volunteers who provide in-kind services with a value around $150,000 in 2020 according to the Village.

The Village has utilized office space at the Community Center for its paid and volunteer staff since its inception. It has operated under an annual lease agreement in which it paid $3,120 annually for the use of office and program space, a City-owned computer, City- owned printer/copier, building maintenance and information technology assistance. In 2021, the Agreement was introduced which stated that the rent shall be increased by 5%

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0 on July 1 of each succeeding year. The current amendment was extended the term of the Agreement for one-year through December 31, 2024, with additional optional extensions available through June 30, 2026. Due to the reduced office space, staff recommends that the City Council/EMID Board honor the current rental rate rather than implementing the increase during the time of transition.

City staff and the Village worked together to develop the Agreement for use of the City office and additional meeting and classroom space. While this Agreement features specific lease terms for the use of the City office space, there are also provisions for the use of meeting and classroom space at no cost in exchange for classes being made available to Foster City residents who are not members of the Foster City Village organization and to the public. In Spring 2024, City staff extended the invitation to the Village to amend the Agreement to extend its term for another year and move their office location to City Hall. The Village accepted the terms and the 5% increase in annual rent will not be implemented this year due to their reduced office space at City Hall.

If the proposed Resolutions and Third Amendment are approved, the City/District Manager will review any future requests that may be made by the Foster City Village for the optional extension available through June 30, 2026.

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

FISCAL IMPACT
The total cost to the Village under the proposed Third Amendment to the Agreement is $3,276 in annual rent and use of information technology equipment and services. The City also benefits from revenue for classes attended by Foster City residents who are not members of the Village depending upon the actual enrollment. In the current calendar year, the revenue generated for the City through The Village partnership was $545. The benefit to the Foster City Village is approximately $8,500 annually in low- and no-fee room usage.

Note that since Fiscal Year 2015-2016, the City Council has granted funding to the Village annually in amounts ranging from $1,000 to $15,000 through the Annual Non-Profit Grant Funding process. Nothing in the proposed Third Amendment precludes the Village from submitting future requests for funding through this process.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Third Amendment to Agreement

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RESOLUTION NO.________

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

AUTHORIZING A THIRD AMENDMENT TO THE AGREEMENT BETWEEN CITY OF FOSTER CITY AND FOSTER CITY VILLAGE, INC. EXTENDING THE TERM FROM JANUARY 1, 2025 THROUGH DECEMBER 31, 2025, WITH ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026 AND AUTHORIZING CITY MANAGER TO

APPROVE FUTURE EXTENSIONS, FOR THE USE OF A WORK SPACE AT CITY

HALL, MEETING/CLASSROOM SPACES AS AVAILABLE AT THE COMMUNITY CENTER, AND I.T. SERVICES AND EQUIPMENT

CITY OF FOSTER CITY
WHEREAS, the Foster City Village (“The Village”) is a non-profit, membership- based organization whose mission is to enable older adults to continue living in their homes and communities as they age; and
WHEREAS, the Village can deploy older adult programs and services in a way that is both cost efficient and effective to serve Foster City residents; and WHEREAS, the Village has utilized office space at the Community Center for about seven years under an annual agreement dated December 13, 2021, between the City and the Village (“Agreement”); and
WHEREAS, to the Village workspace was moved to City Hall due to programs transitioning to the Community Center during the rebuild of the Recreation Center; and WHEREAS, the initial one-year term of the Agreement concluded on December 31, 2022, and a first amendment extending the Agreement through December 31, 2023, was approved by the City Council, followed by a second amendment, approved on January 16, 2024, further extending the term through December 31, 2024; and WHEREAS, the City and the Village mutually desire to extend the term of the Agreement for an additional one-year period through December 31, 2025 at the current annual rental rate of $3,276 with no increase implemented due to the move to smaller office space at City Hall, which extension is authorized by Section 1.2 of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to sign a Third Amendment, dated December 16, 2024, extending the Agreement for an additional one-year term from January 1, 2025 through December 31, 2025, with an additional optional extension through June 30, 2026, and authorizing the City Manager to approve any future extension requests for extension of the term of the Agreement and all other conditions associated with extension requests for the use of a work space at City Hall, meeting/classroom space as available at the Community Center, and IT services and equipment.

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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 16th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

STACY JIMENEZ, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

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RESOLUTION NO.________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING A THIRD AMENDMENT TO THE

AGREEMENT BETWEEN ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC. EXTENDING THE TERM FROM JANUARY 1, 2025 THROUGH DECEMBER 31, 2025, WITH ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026 AND AUTHORIZING DISTRICT MANAGER TO APPROVE

FUTURE EXTENSIONS, FOR THE USE OF A WORK SPACE AT CITY HALL,

MEETING/CLASSROOM SPACES AS AVAILABLE AT THE COMMUNITY CENTER, AND I.T. SERVICES AND EQUIPMENT

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Foster City Village (“The Village”) is a non-profit, membership- based organization whose mission is to enable older adults to continue living in their homes and communities as they age; and
WHEREAS, the Village can deploy older adult programs and services in a way that is both cost efficient and effective to serve Foster City residents; and WHEREAS, the Village has utilized office space at the Community Center for about seven years under an annual agreement dated December 13, 2021, between the City and the Village (“Agreement”); and
WHEREAS, to the Village workspace was moved to City Hall due to programs transitioning to the Community Center during the rebuild of the Recreation Center; and WHEREAS, the initial one-year term of the Agreement concluded on December 31, 2022, and a first amendment extending the Agreement through December 31, 2023, was approved by the Board of Directors, followed by a second amendment, approved on January 16, 2024, further extending the term through December 31, 2024; and WHEREAS, Estero Municipal Improvement District and the Village mutually desire to extend the term of the Agreement for an additional one-year period through December 31, 2025 at the current annual rental rate of $3,276 with no increase implemented due to the move to smaller office space at City Hall, which extension is authorized by Section 1.2 of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the Estero Municipal Improvement District does hereby authorize the President to sign a Third Amendment, dated December 16, 2024, extending the Agreement for an additional one-year term from January 1, 2025 through December 31, 2025, with an additional optional extension through June 30, 2026, and authorizing the District Manager to approve any future extension requests for extension of the term of the Agreement and all other conditions associated with extension requests for the use of a work space at City Hall,

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meeting/classroom space as available at the Community Center, and IT services and equipment.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 16th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

STACY JIMENEZ, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

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3 THIRD AMENDMENT TO AGREEMENT AND EXTENDING THE TERM OF

AGREEMENT BETWEEN

CITY OF FOSTER CITY AND THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC.

FOR THE USE OF OFFICE AND MEETING SPACE
THIS THIRD AMENDMENT is made and entered into as of December 16, 2024 (hereinafter, “Effective Date”), by and between the CITY OF FOSTER CITY, a municipal corporation, and THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT (EMID), a political subdivision of the State of California, (hereinafter collectively referred to as “CITY”) and the FOSTER CITY VILLAGE, INC. a community non-profit organization (hereinafter, “FCV”) (collectively CITY and FCV hereafter “Parties”).

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

A. That CITY is the owner of land and improvements at 610 Foster City Boulevard commonly known as City Hall;
B. That FCV is a community non-profit organization that provides services in support of successful aging;
C. That, prior to and until this Agreement, FCV was utilizing office space at City Hall pursuant to a rental agreement;
D. That FCV and CITY have a common interest in ensuring that services are available and provided to Foster City’s aging population; E. That FCV and CITY previously entered into an agreement on December 13, 2021 for the above purposes (“Agreement”) which was set to expire on December 31, 2022; a First Amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023 and a Second Amendment was approved by the City Council for an additional one-year period through December 31, 2024; and Section 1.2 of the original Agreement allows for additional extensions to the term through June 30, 2026; and the parties now mutually desire to extend the term of the Agreement for an additional period of one year from January 1,

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3 2025 to December 31, 2025.

F. That FCV and CITY agree upon the terms and conditions as set forth in the sections below.

SECTION ONE: AGREEMENT TERM
Section 1.1 of the Agreement is hereby amended as follows:

1.1 Initial Term:

Subject to Section 13 and to the termination provisions contained herein, the initial term of the Agreement shall commence January 1, 2022, and expire on December 31, 2022, and is extended for a one-year extension period which shall commence January 1, 2025, and expire on December 31, 2025 (“Agreement Term”).

Except as provided above, all other terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT By: ______________________________
Stacy Jimenez, Mayor/Board President
ATTEST: Dated: __________________________
________________________________
Priscilla Schaus, City Clerk/District Secretary

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3 APPROVED AS TO FORM: Dated: ___________________________ _________________________________
Benjamin Stock, City Attorney/District Legal
Counsel
FOSTER CITY VILLAGE, INC.

Dated: ___________________________
_________________________________
Pam Frisella, President

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3 Exhibit A

DIAGRAM INDICATING PREMISES

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4855-8305-3822 v1
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4 DATE: December 16, 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: REVIEW AND ADOPT THE CITY OF FOSTER CITY ADOPTED

MAP FINAL REPORT PURSUANT TO ELECTIONS CODE
SECTION 21130(F)

RECOMMENDATION
It is recommended that the City Council, by Minute Order, review and adopt the City of Foster City Adopted Map Final Report pursuant to Elections Code section 21130(f).

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.

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 provisions of Elections Code Section 10010 and avoid costly litigation.

At the September 3, 2024 Council meeting, the Council adopted City Resolution No. 2024-91 to transition to district based elections, to allow the City to take advantage of the safe harbor provisions of Elections Code Section 10010.

On October 7, 2024 and October 21, 2024, the City Council conducted the first and second public hearing to receive input regarding the composition of the districts and sequencing of the elections.
1 Cal. Elec. Code §§ 14025-14032.

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4 On November 4, 2024, the City Council conducted the third public hearing to receive community input and provide direction to staff regarding the submitted draft maps and sequence of elections for district-based council elections. At that meeting, the Council reviewed the draft maps submitted by the public and the City’s demographer, Redistricting Partners, and provided direction to staff and the demographer regarding the various maps, including Map B submitted by Redistricting Partners.

On November 18, 2024, the City Council conducted fourth public hearing and ultimately selected Final Map, Map B2 Live Edits and sequence of elections for district-based council elections (Districts 1 & 2 in 2026 and Districts 3, 4 and 5 in 2028) and introduced the Ordinance Amending Title 2 “Administration and Personnel” of the Foster City Municipal Code to Add Section 2.56.025 “District Elections” to Provide for the Election of Members of the City Council by Five Districts; Establish the District Boundaries; and Election Order of Each District.

On December 2, 2024, the City Council adopted Ordinance No. 685, adopting the selected Final Map, Map B2 Live Edits (“Adopted Map”).

The City’s demographer has prepared the Adopted Map Final Report (Attachment 1) for the City Council’s review and adoption pursuant to the requirements of Elections Code section 21130(f).

BACKGROUND
Elections Code section 21130(f) requires that within 21 days of adopting the final district boundaries, the districting body shall issue a report that explains the basis on which the districting body made its decisions in achieving compliance with the requirements and criteria described in this section, including, as to each neighborhood, community of interest, city, or census designated place that was split into two or more districts, the reason for that split.

In selecting Adopted Map (Map B2 Live Edits), the City complied with the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (Fair Maps) Act in adopting the districts,2 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 are summarized below. (a) The election districts must be substantially equal in population based on the most recent census.
(b) The districting body shall adopt election district boundaries that comply with the United States Constitution, the California Constitution, and the Federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.) and consistent with the Federal Voting Rights Act, the districting body shall determine whether it is possible to create an 2 Cal. Elec. Code § 21100 et seq.

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4 election district or districts in which a minority group is sufficiently large and geographically compact to constitute a majority in a single-member district, as set forth in Thornburg v. Gingles, 478 U.S. 30 (1986).
c) The districting body shall adopt election district boundaries using the following criteria as set forth in the following order of priority:
(1) To the maximum extent practicable, election districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. (2) To the maximum extent practicable, and where it does not conflict with the preceding criterion, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division.
(3) To the maximum extent practicable, and where it does not conflict with the preceding criteria, election districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the local jurisdiction. Election district boundaries should be easily identifiable and understandable by residents.
(4) To the maximum extent practicable, and where it does not conflict with the preceding criteria, election districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d) The districting body shall not adopt election district boundaries for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.3

ANALYSIS
Redistricting Partners has prepared the attached Adopted Map Final Report which satisfies the requirements of Elections Code section 21130(f).

B2 Live Edits is based on Map B which was discussed and edited at the Council meeting on November 4, 2024. Map B was inspired by Public Map 1 and drawn in a way that balanced that public map while maintaining Homeowners Associations (HOAs), when possible.

Map B2 Live Edit
Total Population Deviation: 4.5%
•District 1: Consists of the southern portion of the City, using main roads (Beach Park Blvd, Edgewater Blvd, and Foster City Blvd) and waterways. Due to population balance and the requirement of following census blocks given to us by the US Census Bureau, minor roads were used as dividers, as well. One HOA (Marina Point) has a minor split consisting of a parking lot and tennis courts. All 3 Cal. Elec. Code § 21130 (a)-(d).

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4 residents of Marina Point are maintained in District 1. •District 2: Consists of the middle southern portion of the City, predominantly using waterways as dividers. District 2 crosses Foster City Blvd in order to achieve balanced population.
•District 3: Consists of the eastern portion of the City commonly found in publicly drawn maps.
•District 4: Consists of the middle northern portion of the City commonly found in publicly drawn maps.
•District 5: Consists of the western portion of the City and uses main roads (Shell Blvd, Foster City Blvd, Beach Park Blvd, and Edgewater Blvd) and waterways when possible. Minor roads were used as dividers to ensure population balance.

The Adopted Map Final Report documents the specific criteria used during the districting process and explains the basis on which the City Council made its decisions when communities of interest (COIs) were split. While the City did its best to maintain as many COIs as possible, splits were necessary in order to follow the higher-ranking criteria set forth by the FAIR MAPS Act.

The adoption of the Adopted Map Final Report is the last action that the Council will need to take to complete the transition process from at-large elections to by district elections.

Information is available on the City’s website about the districting process and supporting documents. The City website dedicated to this district transition process which can be found here:
https://www.fostercity.org/districtelections.

CALIFORNIA EQUALITY 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 report 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
There is no direct fiscal impact associated with this action.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement

ATTACHMENTS
Attachment 1 – Adopted Map Final Report

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City of Foster City
Transition from At-Large to By-District
Elections: Adopted Map
Final Report
December 6, 2024

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Executive Summary
The City of Foster City (“City”) followed the FAIR MAPS Act and the California Voting Rights Act criteria to guide the city’s transition from at-large to by-district elections. The City held five public hearings on converting to by-district elections and two community outreach meetings to educate the public on the process and to garner input from residents. The City Council voted to adopt Ordinance No. 685, on December 2, 2024, adopting Map B2 Live Edits (“Adopted Map”).

The Adopted Map meets all criteria required by state and federal laws, with minimal splits of communities of interest.

This report, pursuant to Elections Code section 21130(f), documents the specific criteria used during the districting process and explains the basis on which the City Council made its decisions when communities of interest (COIs) were split. While the City did its best to maintain as many COIs as possible, splits were necessary in order to follow the higher-ranking criteria set forth by the FAIR MAPS Act. All decisions and deliberations were made by the City Councilmembers in public meetings, and other relevant documents can be accessed here:
https://www.fostercity.org/community/page/transition-district-elections.

Adopted Map: B2 Live Edits
The Adopted Map was drawn live during the November 4th public meeting based on FAIR MAPS Act criteria and communities of interest. The City Council’s goal was to maintain communities of interest that included:
•Homeowner Associations
•Elementary Schools
•The Citizen Voting Age Population of the Asian American Community

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FAIR MAPS Act Criteria
As required, the City adopted a map that ensures the population is well balanced, uses the appropriate census dataset, complies with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). The Adopted Map also does not discriminate or favor a political party, incumbent or candidate. The total deviation for the Adopted Map is 4.5%, below the 10% total deviation maximum allowed for municipalities. Additionally, the City and its demographers used the required Statewide Database’s adjusted census data, which reallocated incarcerated residents throughout the state.

Using the FAIR MAPS Act criteria was emphasized since the first day of the districting process, and the demographers presented on these requirements at every public hearing. Furthermore, the demographers provided documentation to the City Council of which publicly drawn maps did and did not fulfill the FAIR MAPS Act criteria.

Below is the ranked list of criteria as required by the FAIR MAPS Act and how the Adopted Map met these criteria.

FAIR MAPS Act Ranked Criteria Adopted Map (Map B2 Live Edits) To the maximum extent practicable, council
election districts shall be geographically
contiguous.

All districts are whole and do not overlap with each
other. Special attention was given to the
lagoon/water channels to ensure the districts were
travel contiguous.

To the maximum extent practicable, and where it
does not conflict with the preceding criteria the
geographic integrity of any local neighborhood
or local community of interest shall be respected
in a manner that minimizes its division.

Neighborhoods had minor splits due to population
balance and maintaining communities of interest
(see split analysis below), and all HOAs were
maintained with the exception of a minor split of
Marina Point, which did not impact the population
of that HOA.

To the maximum extent practicable, and where it
does not conflict with the preceding criteria,
council districts shall be bounded by natural and
artificial barriers, by streets, or by the boundaries
of the city. Council district boundaries should be
easily identifiable and understandable by
residents.

Main thoroughfares, such as Foster City Blvd. and
Park Beach Blvd., were used as boundaries when
population allowed it, and natural boundaries,
such as the waterways, were used as boundaries to
ensure travel contiguity.

To the maximum extent practicable, and where it
does not conflict with the preceding criteria in
this subdivision, election districts shall be drawn
to encourage geographical compactness in a
manner that nearby areas of population are not
bypassed in favor of more distant populations.

The City created compact districts and avoided
constructions that would bypass nearby
population in favor of more distant population.

Most districts are more circular/square in
appearance and any less compact portions are due
to higher ranked criteria, like equal population and
maintaining HOAs.

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Splits: Communities of Interest
Split 1: Neighborhoods

While the City was balancing maintaining the different communities of interest, the City Council was required to ensure districts had balanced populations as well. Neighborhoods did not always align with the HOA boundaries, and the City Council saw advocacy and voting benefits in ensuring that those residents of HOAs were being maintained together in the final map.

For example, using Beach Park Boulevard as a divider, as it does between neighborhoods 8 and 9, would not have allowed balanced districts, and it would have split off a portion of the Shell Cove HOA.

Additionally, the neighborhoods north of the freeway had no population due to being centers of business activity. There was less emphasis on maintaining those areas because people do not live there.

Figure 2 Neighborhoods Figure 1 Homeowner Associations with Final Map prior to re- numbering.

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Neighborhood District(s) Reason for split
1 3 & 5 Slight split due to unusually shaped census block 2 4 No splits
3 1 & 4 Slight split due to population balance
4 1 & 2 Split along main roads to ensure HOAs were maintained and populations were balanced
5 1 No Split
6 1 No Splits
7 2 No Splits
8 2 & 5 Split due to population balance and maintaining the Shell Cove HOA
9 5 No Splits
Town Center 5 No Splits
Pilgrim Triton 3 No Splits
Chess 4 & 5 No population impacted by split
Lincoln 4 No Splits
Vintage Park 4 & 5 Split due to unusually sized census block Split 2: Homeowner Associations
Only one HOA, Marina Point, was physically split in the final map. However, that split did not impact any residents. The split divides a portion of the HOA from a parking lot and tennis courts, while ensuring the residents remain together. This split should not impact the residents ability to advocate or vote for their best interests.

Split 3: Foster City’s Asian Citizen Voting Age Population (CVAP) The Asian American community within the City of Foster City is fairly spread out throughout the City. There were lengthy discussions by the City Council on which map best serves this community of interest, while balancing the needs of other identified communities of interest.

One map, Draft B3, had the highest level of Asian CVAP; however, this map split the elementary school area of Brewer Island Elementary School, and it split multiple HOAs.

Additionally, as discussed by Council Member Jon Froomin at the November 18th public hearing, the final map, the Asian CVAP in Draft B2 Live Edits may not be a majority, but they are a plurality in at least one district.

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DATE: December 16, 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
Helen Gannon, Senior Planner
DEPARTMENT: Community Development
SUBJECT: AMENDING THE FOSTER CITY ZONING MAP TO MODIFY THE

PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN
(RZ-98-007) BY REMOVING REFERENCES TO GRADE LEVELS
“K-5” AND REPLACING THEM WITH THE TERM “SCHOOL” FOR
THE PJCC AT 800 FOSTER CITY BOULEVARD

RECOMMENDATION
It is recommended that the City Council introduce by title only and waive further reading of an Ordinance to amend the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard and finding the project exempt from the California Quality Act (CEQA) under CEQA guidelines section 15301 Existing Facilities.

EXECUTIVE SUMMARY
The subject site, located at 800 Foster City Boulevard, is known as Peninsula Jewish Community Center (PJCC). It includes a School, a Cultural Arts Center and Auditorium, a Fitness Center with an Indoor and Outdoor Pool, and other associated Educational, Cultural, and Recreational Facilities.

On June 7, 1999, the City Council adopted Ordinance No. 467 (Attachment 5), approving an amendment to the Foster City Zoning Map to change the existing zoning from PF

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(Public Facilities) to a PF/PD (Public Facilities/Planned Development) District with a General Development Plan (GDP) allowing development of a K-5 School, a Cultural Arts Center and Auditorium, a Fitness Center with Indoor Pool, and Outdoor Pool, and other associated Educational Cultural and Recreational Facilities, landscaping and parking on the subject site (RZ-98-007). Subsequently, the Planning Commission adopted Resolution No. P-86-00 approving the construction of a 145,732 SF Community Center consisting of a Cultural Arts facility with seating for 500, a K-5 school for 250 students, an Early Childhood Education facility for 300 students, a fitness center including an indoor pool, two (2) outdoor pools, adult classrooms, a teen center, and administrative offices (UP-99-022).

However, the Applicant notes that the school at the subject site has been operating as a Kindergarten through 8th grade (K-8) school since 2004 and currently operates as Transitional Kindergarten through 8th grade (TK-8), not Kindergarten through 5th grade (K-5), as noted in the GDP and Use Permit.

Thus, the applicant requested amending the GDP and the Use Permit to remove references to grade levels “K-5” and replace them with the term “School” (per definition included in the Foster City Municipal Code Section 17.04) so that the operation of the school is consistent with the GDP and Use Permit and also to allow for greater flexibility if the existing school would like to change its grade offerings in the future.

On November 21, 2024, the Planning Commission considered and voted 4-0-0-1 (1- absent) to adopt Resolution No. P-26-24 (Attachment 2), recommending City Council adoption of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard (RZ2024-0011). The Planning Commission also voted 4-0-0-1 (1-absent) to adopt Resolution No. P-27-24 (Attachment 3), approving a Specific Development Plan/Use Permit Modification to amend the previously approved Specific Development Plan/Use Permit (UP-99-022) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard (UP2024-0025), contingent upon Council approving the amendment to the Foster City Zoning Map.

The City Council is being requested to accept the Planning Commission’s recommendation to adopt an Ordinance amending the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard and finding the project exempt from CEQA under CEQA guidelines section 15301 Existing Facilities.

BACKGROUND

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On August 28, 2024, Adam Eilath (“Applicant”), on behalf of the PJCC, submitted two (2) applications seeking amendments to the previously approved GDP and Specific Development Plan/Use Permit. The first application requests a GDP amendment to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC (RZ2024-0011). The second application requests a Specific Development Plan/Use Permit Modification to amend the previously approved Specific Development Plan/Use Permit (UP-99-022) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC (UP2024-0025).

The subject site is located within the public and semi-public area of Neighborhood 1. It is bounded by an existing surface parking lot and Foster City Boulevard to the north, Foster’s Landing Apartments to the east, Foster Square Development (mixed-use residential, senior housing, retail) to the west, and Shell Boulevard and Leo J. Ryan Park to the south. The buildings on site are associated with the PJCC, and Ronald C. Wornick Jewish Day School (The Wornick School), a co-tenant of the PJCC.

The Wornick School is a co-tenant with the PJCC on the site owned by the PJCC. The Applicant states that the Wornick School has been operating as a K-8 school since 2004 and currently operates as a TK-8 school. They would like to amend the GDP and Use Permit in order to be in compliance with the site's GDP and original Use Permit. See Project Description (Attachment 4). The proposed change would allow for flexibility in case the school would like to change grade offerings in the future. This request does not include any interior or exterior modifications.

Figure 1: Location Map; Source: NearMap
PLANNING COMMISSION PUBLIC HEARING NOVEMBER 21, 2024

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On November 21, 2024, staff presented the applicant’s proposal to the Planning Commission. The Applicant also attended the meeting and provided additional information. The Commission considered the request and all supplemental information.

Commissioner Pedro asked whether the approval of the requests could be approved in one motion. Staff responded to the Commission that two motions were required, one to recommend approval of the GDP amendment to the City Council and one to approve the Use Permit Modification request.

Commissioner Jagtiani asked if there were any other schools within the City that are facing the same problem and need to update their GDPs or Use Permits to be consistent with operations. Staff stated that there are none, to staff’s knowledge. Commissioner Jagtiani also requested information about licensing. The Applicant responded to the Commission of school licensing requirements and clarified that there is no licensing requirement specifically for a middle (secondary) school.

At the conclusion of the meeting, the Commission approved both Resolutions by a vote of 4-0-0-1 (Absent: Bronitsky). Please click the link for the November 21, 2024, Planning Commission meeting materials.

ANALYSIS

GENERAL PLAN AND ZONING CONSISTENCY

General Plan Land Use

The Land Use Map of the General Plan designates the use of the subject site as “Public and Semi-Public.” The City’s General Plan includes Public and Semi-Public land use category as follows:

Public and Semi-Public shall be “Reserved for uses which are generally public serving in nature, including religious institutions, private schools, government offices, and fire and police facilities.”

According to the General Plan, the subject site is designated for Public and Semi-Public use, and the proposed revision to the GDP and Use Permit will not change the use of the property. The proposal to remove the references to grade levels “K-5” and replace them with the term “School” will make the existing operation of the school consistent with the GDP and Use Permit and also will allow for greater flexibility in the future. The number of students and faculty will not change as a result of this amendment.

General Development Plan/Rezoning and Use Permit

6.1 6.1 Staff Report

220

On June 7, 1999, the City Council adopted Ordinance No. 467 (Attachment 5) approving an amendment to the Foster City Zoning Map to change the existing zoning from PF (Public Facilities) to a PF/PD (Public Facilities/Planned Development) District with a GDP allowing a K-5 School, a Cultural Arts Center and Auditorium, a Fitness Center with Indoor Pool, and Outdoor Pool, and other associated Educational Cultural and Recreational Facilities (RZ-98-007). Replacing “K-5” with the term “school” requires a General Development Plan Amendment/Rezoning.

On December 7, 2000, the Planning Commission adopted Resolution No. P-86-00 approving the construction of a 145,732 SF Community Center consisting of a Cultural Arts facility with seating for 500, a K-5 school for 250 students, Early Childhood Education facility for 300 students, a fitness center including an indoor pool, two outdoor pools, adult classrooms, a teen center, and administrative offices (UP-99-022). Removal of the “K-5” reference requires a Use Permit Modification.

The applicant is requesting approval of a GDP Amendment (RZ2024-0011) to remove references to grade levels “K-5” and replacing them with the term “School.” As noted earlier, the Use Permit modification request (UP2024-0025) was approved by the Planning Commission on November 21, 2024.

Foster City Municipal Code
Section 17.04 Definitions
Per Section 17.04, “School means a facility for primary or secondary education, including public school, charter school, and private and parochial school having curricula comparable to that required in the public schools of the state of California.” Section 17.36.100 Amendment of development
Per Section 17.36.100(A), changes in the general development plan shall be considered the same as changes in the zoning map, requiring Planning Commission Public Hearing and recommendations to City Council, and City Council approval. Please refer to Chapter 17.74, for more details.

Section 17.74.020 Rezoning of property
Per Section 17.74.020, “Any amendment to this title which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as hereinafter set forth in this chapter.”
Conclusion

The proposed amendment to the GDP to remove references to grade levels “K-5” and replace them with the term “School,” will not increase the number of students, faculty, or staff members. All operational aspects and provided parking on site will remain the same.

6.1 6.1 Staff Report

221

The proposal does not change the existing use of the site, as it will only allow for greater flexibility in the grade level offerings, and ensures that the use continues to be consistent with the approved GDP.

California Environmental Quality Act
Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 1, Existing Facilities

FISCAL IMPACT
There is no fiscal impact associated with this report.

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

Attachment 1 – Ordinance
Attachment 2 – Planning Commission Resolution P-26-24
Attachment 3 – Planning Commission Resolution P-27-24
Attachment 4 – Project Description
Attachment 5 – Ordinance No. 467

6.1 6.1 Staff Report

222

ORDINANCE NO.

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

ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL
DEVELOPMENT PLAN (RZ-98-007) BY REMOVING REFERENCES TO GRADE LEVELS “K-5” AND REPLACING THEM WITH THE TERM “SCHOOL” FOR THE PJCC AT 800 FOSTER CITY BOULEVARD AND FINDING THE PROJECT EXEMPT FROM

THE CALIFORNIA QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15301 EXISTING FACILITIES – RZ2024-0011 – APN 094-471-090

CITY OF FOSTER CITY
WHEREAS, on June 7, 1999, the City Council adopted Ordinance No. 467 approving an amendment to the Foster City Zoning Map to change the existing zoning from PF (Public Facilities) to a PF/PD (Public Facilities/Planned Development) District with a General Development Plan allowing a K-5 School, a Cultural Arts Center and Auditorium, a Fitness Center with Indoor Pool, and Outdoor Pool, and other associated Educational Cultural and Recreational Facilities on the Southernmost 12 Acres of the 36- acre City-Owned Civic Center Master Plan Site located between Foster City Boulevard, Shell Boulevard, and East Hillsdale Boulevard (RZ-98-007); and WHEREAS, On December 7, 2000, the Planning Commission approved a Use Permit (UP-99-22) through Resolution P-86-00 to construct a 145,732 SF Community Center consisting of a Cultural Arts facility with seating for 500, a K-5 school for 250 students, Early Childhood Education facility for 300 students, a fitness center including an indoor pool, two outdoor pools, adult classrooms, a teen center, and administrative offices; and
WHEREAS, the project applicant, initiated an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC pursuant to Foster City Municipal Code (“FCMC”) Section 17.74.030(C); and WHEREAS, on November 21, 2024, the Planning Commission adopted Resolution No. P-26-24, recommending City Council adoption of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC (RZ2024-0011); and
WHEREAS, on October 31, 2024, a Notice of Public Hearing was duly posted, published, and mailed for consideration of the General Plan Amendment/Rezoning and Use Permit Modification request at the Planning Commission meeting of November 21, 2024, and on said date the Public Hearing was opened, held and closed.

WHEREAS, on November 1, 2024, the notice of public hearing was mailed to residents within a 500-foot mailing radius for consideration of the General Plan

6.1 Attachment 1 - Ordinance

223

2 8
6 1
Amendment/Rezoning and Use Permit Modification at the Planning Commission meeting of November 21, 2024, and on the said date the Public Hearing was opened, held and closed; and
WHEREAS, the Planning Commission is required by state law to hold at least one (1) Public Hearing before recommending adoption of an amendment to the City’s Zoning Map; and
WHEREAS, pursuant to FCMC Section 17.74.060, at the close of the public hearing, or continuation thereof, the Planning Commission is required to make a report of its recommendations regarding the proposed amendment; and WHEREAS, Planning Commission Resolution P-26-24 and all items submitted in connection with the public hearing for consideration including the Staff Report and all attachments thereto shall satisfy the reporting requirements in FCMC Section 17.74.060.

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

Section 1. The City Council finds in accordance with the requirements of the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) and implementing guidelines (“CEQA”) adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has found the Project to be Categorically Exempt from CEQA, under Class 1, CEQA Section 15301 (Existing Facilities).

Section 2. The City Council has reviewed the evidence and recommendations of the Planning Commission and based on facts and analysis in the Staff Reports, written and oral testimony, and exhibits presented, finds that the proposed rezoning would not be detrimental to the general health, welfare and safety of the City of Foster City because:

A. The proposed Rezoning/General Development Plan Amendment will be in furtherance of and in accordance with the General Plan of the City of Foster City because the proposal:
a. the proposed modifications will allow for greater flexibility in case the school would like to change grade offerings in the future; and b. will not increase the number of students, faculty, or staff members and all other aspects and provided parking on site will remain the same; and c. the project is consistent with the Land Use and Circulation Element because the site is designated for Public and Semi-Public use, and the proposed modifications to the General Development Plan and Use Permit will not change the use of the site.

Section 3. The City of Foster City Zoning Map is hereby amended to modify the previously approved General Development Plan of the southernmost 12-acre portion of the 36-acre City-owned site located between Foster City Boulevard, Shell Boulevard and

6.1 Attachment 1 - Ordinance

224

2 8
6 1
East Hillsdale Boulevard (APN: 094-471-050 portion) to remove references to grade levels “K-5” and replacing them with the term “School” for the PJCC at 800 Foster City Boulevard with the proposed amended General Development Plan as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein.

Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 5. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

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

This Ordinance was introduced and read on the 16th day of December, 2024, and passed and adopted on the ___ day of _____, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

STACY JIMENEZ, MAYOR
ATTEST:
____________________________

PRISCILLA SCHAUS, CITY CLERK

6.1 Attachment 1 - Ordinance

225

EXHIBIT A

AMENDED GENERAL DEVELOPMENT PLAN FOR PENINSULA JEWISH

COMMUNITY CENTER (PJCC)
RZ2024-0011
The PF/PD (Public Facilities Planned Development) District zoning of the southernmost 12-acre portion of the 36-acre City-owned site located between Foster City Boulevard, Shell Boulevard and East Hillsdale Boulevard (APN: 094-471-050 portion) is herewith limited and specified as follows:

To allow development of a school, a cultural arts center and auditorium, a fitness center with indoor pool, an outdoor pool, other associated educational, cultural and recreational facilities, landscaping and parking.

6.1 Attachment 1 - Ordinance

226

RESOLUTION NO. P-26-24

A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY

COUNCIL ADOPTION OF AN AMENDMENT TO THE FOSTER CITY ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN (RZ -98- 007) BY REMOVING REFERENCES TO GRADE LEVELS “K-5” AND REPLACING THEM WITH THE TERM “SCHOOL” FOR THE PJCC AT 800 FOSTER CITY

BOULEVARD AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15301 EXISTING FACILITIES – RZ2024-0011 – APN 094-471-090

FOSTER CITY PLANNING COMMISSION

WHEREAS, on June 7, 1999, the City Council adopted Ordinance 467 approving an amendment to the Foster City Zoning Map to change the existing zoning from PF (Public Facilities) to a PF/PD (Public Facilities/Planned Development) District with a General Development Plan allowing a K-5 School, a Cultural Arts Center and Auditorium, a Fitness Center with Indoor Pool, and Outdoor Pool, and other associated Educational Cultural and Recreational Facilities on the Southernmost 12 Acres of the 36- acre City- Owned Civic Center Master Plan Site located between Foster City Boulevard, Shell Boulevard, and East Hillsdale Boulevard (RZ-98-007); and

WHEREAS, On December 7, 2000, the Planning Commission approved a Use Permit (UP -99-22) through Resolution P -86-00 to construct a 145,732 SF Community Center consisting of a Cultural Arts facility with seating for 500, a K -5 school for 250 students, Early Childhood Education facility for 300 students, a fitness center including an indoor pool, two outdoor pools, adult classrooms, a teen center, and administrative offices; and

WHEREAS, the project applicant, initiated an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (RZ -98-007) by removing references to grade levels “K -5” and replacing them with the term “School” for the PJCC pursuant to Foster City Municipal Code (“FCMC”) Section 17.74.030(C); and

WHEREAS, the applicant has requested Planning Commission recommend City Council adoption of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (RZ-98-007) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC (RZ2024-0011); and

WHEREAS, on October 31, 2024, a Notice of Public Hearing was duly posted, published, and mailed for consideration of the General Plan Amendment/Rezoning and Use Permit Modification request at the Planning Commission meeting of November 21, 2024, and on said date the Public Hearing was opened, held and closed.

WHEREAS, on November 1, 2024, the notice of p ublic hearing was mailed to residents within a 500 -foot mailing radius for consideration of the General Plan Amendment/Rezoning and Use Permit Modification at the Planning Commission meeting

6.1 Attachment 2 - Planning Commission Resolution P-26-24

227

Resolution No. P- 26 -24
RZ2024-0011

of November 21, 2024, and on the said date the Public Hearing was opened, held and closed; and

WHEREAS, the Planning Commission is required by state law to hold at least one (1) Public Hearing before recommending adoption of an amendment to the City’s Zoning Map; and

WHEREAS, pursuant to FCMC S ection 17.74.060, at the close of the public hearing, or continuation thereof, the Planning Commission is required to make a report of its recommendations regarding the proposed amendment; and

WHEREAS, this Resolution and all items submitted in connection with the public hearing for consideration including the Staff Report and all attachments thereto shall satisfy the reporting requirements in FCMC Section 17.74.060; and

WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed amendments to the General Development Plan and original Use Permit for the site located at 800 Foster City Boulevard as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the facts and analysis in the Staff Report, written and oral testimony, and exhibits presented finds:

1. That the project is categorically exempt from the California Environmental Act (CEQA) pursuant to Section 15301; and

2. The establishment, maintenance or cooperation of the use applied for, under the circumstances of the particular case, will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use or it will not be injurious or detrimental to property and improvements in the neighborhood or general welfare of the city because:

A. The proposed modifications will allow for greater flexibility in case the school would like to change grade offerings in the future; B. the proposal will not increase the number of students, faculty, or staff members and all other aspects and provided parking on site will remain the same; and
C. the project is consistent with the Land Use and Circulation Element because the site is designated for Public and Semi -Public use, and the

6.1 Attachment 2 - Planning Commission Resolution P-26-24

228

Resolution No. P- 26 -24
RZ2024-0011

proposed modifications to the General Development Plan and Use Permit will not change the use of the site.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby recommends to the City Council adoption of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (RZ -98-007) by removing references to grade levels “K -5” and replacing them with the term “School” for the PJCC located at 800 Foster City Boulevard (RZ2024- 0011), subject to the revisions in Exhibit A attached hereto and incorporated herein.

PASSED AND ADOPTED as a Resolution by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on November 21, 2024, by the following vote:

AYES, COMMISSIONERS: Jagtiani, Pedro, Venkat and Chair Haddad

NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS: Bronitsky

NICOLAS HADDAD, CHAIR

ATTEST:

____________________________

SOFIA MANGALAM, SECRETARY
Nicolas Haddad (Nov 22, 2024 17:07 PST)
Nicolas Haddad

6.1 Attachment 2 - Planning Commission Resolution P-26-24

229

Resolution No. P- 26 -24
RZ2024-0011

EXHIBIT A

AMENDED GENERAL DEVELOPMENT PLAN FOR PENINSULA JEWISH

COMMUNITY CENTER (PJCC)
RZ2024-0011

The PF/PD (Public Facilities Planned Development) District zoning of the southernmost 12- acre portion of the 36- acre City-owned site located between Foster City Boulevard, Shell Boulevard and East Hillsdale Boulevard (APN: 094-471-050 portion) is herewith limited and specified as follows:

6.1 Attachment 2 - Planning Commission Resolution P-26-24

230

RESOLUTION NO. P-27-24

A RESOLUTION OF THE PLANNING COMMISSION APPROVING A SPECIFIC

DEVELOPMENT PLAN/USE PERMIT MODIFICATION TO AMEND THE PREVIOUSLY APPROVED SPECIFIC DEVELOPMENT PLAN/USE PERMIT (UP- 99-022) BY REMOVING REFERENCES TO GRADE LEVELS “K-5” AND REPLACING THEM WITH THE TERM “SCHOOL” FOR THE PJCC AT 800 FOSTER CITY BOULEVARD AND

FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15301 EXISTING FACILITIES – UP2024-0025 – APN 094-471-090

FOSTER CITY PLANNING COMMISSION

WHEREAS, the applicant has requested Planning Commission approval of a Specific Development Plan/Use Permit Modification to amend the previously approved Specific Development Plan/Use Permit (UP -99-022) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC (UP2024-0025); and

WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachments thereto presented as part of

6.1 Attachment 3 - Planning Commission Resolution P-27-24

231

Resolution No. P-27-24
UP2024-0025

the agenda for the public hearing regarding the proposed amendments to the General Development Plan and original Use Permit for the site located at 800 Foster City Boulevard as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the facts and analysis in the Staff Report, written and oral testimony, and exhibits presented finds:

1. That the project is categorically exempt from the California Environmental Act (CEQA) pursuant to Section 15301; and

BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby approves a Specific Development Plan/Use Permit Modification to amend the previously approved Specific Development Plan/Use Permit (UP -99-022) by removing references to grade levels “K-5” and replacing them with the term “School” for the PJCC located at 800 Foster City Boulevard (UP2024- 0025), subject to the Conditions of Approval set forth in Exhibit A of this Use Permit, attached hereto and incorporated herein, and contingent upon the City Council approving the amendment to the Foster City Zoning Map.

6.1 Attachment 3 - Planning Commission Resolution P-27-24

232

Resolution No. P-27-24
UP2024-0025

PASSED AND ADOPTED as a Resolution by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on November 21, 2024, by the following vote:

AYES, COMMISSIONERS: Jagtiani, Pedro, Venkat and Chair Haddad

NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS: Bronitsky

NICOLAS HADDAD, CHAIR

ATTEST:

____________________________

SOFIA MANGALAM, SECRETARY
Nicolas Haddad (Nov 22, 2024 17:08 PST)
Nicolas Haddad

6.1 Attachment 3 - Planning Commission Resolution P-27-24

233

Resolution No. P-27-24
UP2024-0025

EXHIBIT A

800 FOSTER CITY BOULEVARD, PENINSULA JEWISH COMMUNITY CENTER (PJCC) USE PERMIT CONDITIONS OF APPROVAL
UP2024-0025

Conditions attached to approval of UP2024-0025 by the
Planning Commission on November 21, 2024

All Conditions of Approval of the approved Specific Plan/Use Permit (File No. UP-99-022), approved by Planning Resolution No. P -86-00 on December 7, 2000, for the original construction of the Community Center and all subsequent Specific Plan/Use Permits amendments and modifications (including, but not limited to UP2024-0005 by Resolution P-14-24 on July 3, 2024) shall remain in effect at all times.

The following Conditions of Approval are hereby added to the approved Specific Plan/Use Permit Modification to read as follows:

1. “School” shall be defined as a facility for primary or secondary education, including public school, charter school, and private and parochial school having curricula comparable to that required in the public schools of the state of California.

2. The maximum number of students for the school shall remain 250.

3. The maximum number of students for the Early Childhood Education Facility shall remain 300.

6.1 Attachment 3 - Planning Commission Resolution P-27-24

234

Date: 10July, 2024Applicant: RonaldC. WornickJewishDaySchoolOwner:Address:APN:

NorthPeninsulaJewishCampus800FosterCityBlvd.094-471-090 RonaldC. WornickJewishDaySchool -RezoningPurposeandDescription Background:

TheRonaldC. WornickJewishDaySchool seekstoamendtheoriginal General Development PlanoftheNorthPeninsulaJewishCampus[NPJC]ZoningPermitP-F/PD[PublicFacilities/PlannedDevelopment]at800FosterCityBlvd. todesignate“TheWornickSchool”asaschool. TheWornickSchool wasoriginallyapprovedasK-5andhasbeenoperatingasTK-8formanyyears. Wearerequestingthisamendmentbecausewewanttobeincomplianceandwanttoallowformoreflexibilityinthefuture. Weareaskingforthewording“school”insteadofdesignatinggradelevelsspecificallyintheoffchancethatdowntheroadwewouldliketochangeourgradeofferings.

Togivesomebackground, in1999ordinancenumber467outlinedtheapproval ofthesite’sgeneraldevelopmentplan, whichallowedforaK-5school, acultural artscenter, anearlychildhooddevelopmentcenter, amongotherbuildings. WewouldliketobeincompliancewithourGDPbychangingthewordingtosay“school”.

TheWornickSchool isaco-tenantwiththePeninsulaJewishCommunityCenter[PJCC]onthesiteownedbytheNorthPeninsulaJewishCampus[NPJC].

School Information:

TheWornickSchool wasfoundedin1986andrelocatedtotheNPJCcampusin2004. Themissionoftheschool istodevelopstudentswhoaresociallyandacademicallypreparedtomeettheirfull potential asengagedleaderscommittedtoalifesteepedinJewishethicsandvalues. TheWornickSchool isaccreditedwithCaliforniaAssociationofIndependentSchools(CAIS)andWesternAssociationofSchoolsandColleges(WASC)andisamemberoftheNational AssociationofIndependentSchools(NAIS). Theschool currentlyenrolls250studentsandemploys68staff. TheWornickSchool hasprovenitselfaresponsible, valued, andintegral memberofthegreaterFosterCitycommunityforovertwodecades.

6.1 Attachment 4 - Project Description

235

RonaldC. WornickJewishDaySchool -CurrentOperationsPlan
OperationalConsideration
ExistingCondition Proposed NetChange
Enrollment: 250Students 250Students NoChange
Grades TK-8 TK-8 NoChange, howeveroriginal PermitindicatesgradelevelsK-5, whichisthepurposeofthisrezoningpetition.

Staff: 68staffmembers, notincludingcontractedworkers,suchastherapists, aides, etc.equallingnomorethan75totalatanygivenday/time. 68staffmembers, notincludingcontractedworkers,suchastherapists, aides, etc.equallingnomorethan75totalatanygivenday/time.

NoChange
HoursofOperation:
7:30am-6:00pmincludingextendedcarehours
7:30am-6:00pmincludingextendedcarehours
NoChange
Pick-up&Drop-offlocations:

AtSWparkinglot AtSWparkinglot NoChange
Pick-upandDrop-offhours:

PrimaryDropofftime:7:30-8:30amPrimaryPickuptime:3:20-4:00pmMonday-Thursday, 2:45-3:15Fridays PrimaryDropofftime:7:30-8:30amPrimaryPickuptime:3:20-4:00pmMonday-Thursday, 2:45-3:15Fridays NoChange
Parking: Therearecurrently463parkingstallsprovidedfortheentireNPJCcampus.

TheparkinglotfromSouthRoadadjacenttotheschoolwill beupdatedtoimproveaccessibilitycomplianceandsecurity.

Noincreaseinintensityofuse.

6.1 Attachment 4 - Project Description

236

(^) ORDINANCE NO. 467

AN ORDINANCE OF THE CITY OF FOSTER CITY COUNCIL APPROVING AN AMENDMENT

TO THE FOSTER CITY ZONING MAP TO CHANGE THE EXISTING ZONING FROM PF (PUBLIC FACILITIES) DISTRICT TO A PF/PD (PUBLIC FACILITIES/PLANNED DEVELOPMENT) DISTRICT WITH A GENERAL DEVELOPMENT PLAN ALLOWING A K-5

SCHOOL, A CULTURAL ARTS CENTER AND AUDITORIUM, A FITNESS CENTER WITH

INDOOR POOL, AN OUTDOOR POOL, AND OTHER ASSOCIATED EDUCATIONAL, CULTURAL AND RECREATIONAL FACILITIES ON THE SOUTHERNMOST 12 ACRES OF THE 36-ACRE CITY-OWNED CIVIC CENTER MASTER PLAN SITE LOCATED BETWEEN

FOSTER CITY BOULEVARD, SHELL BOULEVARD AND EAST HILLSDALE BOULEVARD (APN: 094-471-050 PORTION) – PENINSULA JEWISH COMMUNITY CENTER AND CITY OF FOSTER CITY — RZ-98-007

CITY OF FOSTER CITY

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN, AS FOLLOWS:

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

1. The proposed Rezoning and the planned development will be in furtherance of and in accordance with the City of Foster General Plan because the proposal provides for high quality new development, enhanced educational, cultural and recreational facilities, and integrates such facilities into the neighborhood in a manner that promotes joint private and public use as stated in the General Plan Land Use and Circulation Goals and Policies and the Parks, Open Space and Conservation Goals and Policies, including LUC-B Promote Proper Site Planning, Architectural Design and Property Maintenance, LUC-D Maintain a Variety of Land Uses, LUC-K Provide Adequate Parking, LUC-37 Public and Semi-Public, LUC-43 City-Owned and Controlled Lands, LUC-47 Permitted Land Uses on Vacant Sites, LUC-63 School Site and Public Park and Recreation Facilities, LUC-71 School Facilities, PC-A Provide Sufficient and Diverse Recreational Opportunities, PC-3 Multi-Purpose Gym, Pool or Additional Recreation Center.

2. The establishment of a K-5 school, a cultural arts center and auditorium, a fitness center with indoor pool, an outdoor pool, and other associated educational, cultural and recreational facilities will not be detrimental to present and planned surrounding uses, as shown in the City's adopted General Plan, but will have a beneficial effect through integrated design with surrounding neighborhoods and provision of uses which could not be achieved without being located in a Planned Development district.

3. On-site circulation is suitable and adequate to carry anticipated traffic and the proposed project density will not generate traffic in such amounts as to overload the street network outside the development beyond acceptable City-established levels of service as indicated by the fact that there are no significant unavoidable impacts identified in the EIR related to traffic.

4. Existing and proposed utility services and facilities and other public improvements are adequate for the educational, cultural and recreational uses and intensities proposed.

5. The proposed ratios for off-street parking are substantially consistent with the purpose and intent and parking regulations of the City, as provided in Chapter 17.62, Off-Street Parking Regulations, of the Foster City Municipal Code given the provision that peak demand parking will be shared among the three entities that will occupy the site: the PJCC, ESP and City of Foster City Government Center via a pool of parking that exceeds 850 parking stalls.

Q CDD'DOCSTDCCRESTJCC Rezoning Ordinance.doc

6.1 Attachment 5 - Ordinance No. 467

237

City Ordinance No. 467

6. The planned development will not have a detrimental and unmitigatable financial impact on the City or the Estero Municipal Improvement District.

Section 2. The City of Foster City Zoning Map is hereby amended to reclassify that property as shown on Exhibits A & B attached hereto and incorporated herein, from its existing PF (Public Facilities) District zoning to a General Development Plan attached hereto and incorporated herein to allow a K-5 school, a cultural arts center and auditorium, a fitness center with indoor pool, an outdoor pool, and other associated educational, cultural and recreational facilities, included as Exhibit B for the 12 southernmost acres of the 36-acre Civic Center Master Plan site located between Foster City Boulevard, Shell Boulevard and East Hillsdale Boulevard (APN: 094-471-050 portion).

Section 3. Severability If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 7th day of June 1999, and passed and adopted on the 21st day of June , 1999, by the following vote:

AYES: Councilmembers Harter, Larsen, Lawrence, Townsend, and Mayor Wilder None
ABSENT: None
ABSTAIN: None
DEBORAH E.G. WILDER, MAYOR
ATTEST:

FCT SE TAHftecit4L CLERK
-2-Q 'EDDDOCSIOCCRES \RICC Rezoning Ordinance doc

6.1 Attachment 5 - Ordinance No. 467

238

City Ordinance No. 467

EXHIBIT A

GENERAL DEVELOPMENT PLAN FOR PENINSULA JEWISH COMMUNITY CENTER (PJCC)
RZ-98-007
(Approved by the City Council on June 7, 1999)
The PF/PD (Public Facilities Planned Development) District zoning of the southernmost 12-acre portion of the 36-acre City-owned site located between Foster City Boulevard, Shell Boulevard and East Hillsdale Boulevard (APN: 094-471-050 portion) is herewith limited and specified as follows:

Development of a K-5 school, a cultural arts center and auditorium, a fitness center with indoor pool, an outdoor pool, other associated educational, cultural and recreational facilities, landscaping and parking in general accordance with the Illustrative Site Plan shown in Exhibit B.

Q TDDDOCSTDCCRESTJCC Rezoning Ordinance doc

6.1 Attachment 5 - Ordinance No. 467

239

Early Childhood
Education
aQ TDD,DC 200 Feet

BASELLNE
Source: Gates and Associates, Group 4/Architecture, Research & Planning.

Foster City Civic Center Map.

City Ordinance No. 467

EXHIBIT B

GENERAL DEVELOPMENT PLAN FOR PENINSULA JEWISH COMMUNITY CENTER (PJCC)
RZ-98-007
(Approved by the City Council on June 7, 1999)
The PF/PD (Public Facilities/Planned Development District) zoning of the southernmost 12-acres of a 36-acre City-owned site located between Foster City Boulevard, Shell Boulevard and East Hillsdale Boulevard (APN: 094-471-050 portion) is herewith limited and specified as follows:

To allow development of a K-5 school, a cultural arts center and auditorium, a fitness center with indoor pool, an outdoor pool, other associated educational, cultural and recreational facilities, landscaping and parking.

SITE PLAN FOR PENINSULA Figure 3-4

JEWISH COMMUNITY CENTER
Legend
Master Plan Area Boundary
^ - - ',1" •• f"'" •

6.1 Attachment 5 - Ordinance No. 467

240

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

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

I further certift to the proper posting of?
Ordinance No. 467, "An Ordinance of the City of Foster City Council Approving an Amendment to the Foster City Zoning Map to Change the Existing Zoning From PF (Public Facilities) District to a PF/PD (Public Facilities/Planned Development) District with a General Development Plan Allowing a K-5 School, a Cultural Arts Center and Auditorium, a Fitness Center with Indoor Pool, an Outdoor Pool, and Other Associated Educational, Cultural and Recreational Facilities on the Southernmost 12 Acres of the 36-Acre City-Owned Civic Center Master Plan Site Located Between Foster City Boulevard, Shell Boulevard and East Hillsdale Boulevard (APN: 094-471-050 Portion) – Peninsula Jewish Community Center and City of Foster City — RZ-98-007;" in the following four public places of the City of Foster City/Estero Municipal Improvement District, Foster City, San Mateo County, California:

1. Federal Post Office, Charter Square
1050 Shell Boulevard

2. Foster City Public Library
1000 E. Hillsdale Boulevard

3. Recreation Center Lobby
650 Shell Boulevard

4. City Council Chambers (not a mandatory posting site) 600 Foster City Boulevard
Executed at the City of Foster City/Estero Municipal Improvement District, Foster City, San Mateo County, California this 22nd day of June, 1999.

Doris L. Palmer,
Deputy City Clerk/District Secretary
'Ordinances are posted in compliance with Sec. 36933, Government Code.

G'CLERKIWORDiFORAMCERTIF1CATEPOSTING.DOC

6.1 Attachment 5 - Ordinance No. 467

241

Dated: December 16, 2024

FOSTER CITY COUNCIL LIAISONS

POLICY/REGULATORY AGENCIES REPRESENTATIVE/ALTERNATE

1. Airport Community Roundtable

2. Airport Land Use Committee (ALUC)

3. Association of Bay Area Governments (ABAG)

4. City/County Association of Governments (C/CAG)

5. Council of Cities – City Selection Committee

6. League of California Cities

FOSTER CITY ADVISORY COMMITTEES

1. Audit Committee

2. Citizens Sustainability Advisory Committee

3. Parks and Recreation Committee

4. Planning Commission

5. Traffic Review Committee

6. Youth Advisory Committee
OTHER ORGANIZATIONS (non-regulatory)

1. Bay Area Water Supply and Conservation Agency (BAWSCA) 1*

2. Chamber of Commerce

3. Emergency Services Council

4. Joint Powers Authority Fire Board for the
San Mateo Consolidated Fire Department

5. Library Joint Powers Authority

6. Peninsula Clean Energy Authority

7. Peninsula Traffic Congestion Relief Alliance (Commute.org)

8. San Francisco Bay Area Regional Water System Financing Authority (RFA)2*

9. San Mateo County Pre-Hospital Emergency Services
Medical Group Joint Powers Authority

10. San Mateo-Foster City Elementary School District

11. San Mateo-Foster City Public Financing Authority (JPFA)

12. San Mateo Union High School District

13. South Bayside Waste Management Authority (SBWMA)
Niederhofer/Venkat
Sullivan/Venkat
Kiesel/Jimenez
Jimenez/Kiesel
Jimenez/Kiesel
Jimenez/Kiesel
Niederhofer/Kiesel
Venkat/Sullivan
Sullivan/Kiesel
Niederhofer/Sullivan
Sullivan/Venkat
Venkat/Jimenez
Kiesel
Venkat/Niederhofer
Niederhofer/Sullivan
Jimenez/Venkat
Kiesel/Sullivan
Jimenez/Niederhofer
Venkat/Jimenez
Kiesel
Sullivan/Niederhofer
Venkat
Niederhofer/Jimenez
Sullivan
Kiesel/Jimenez
1 Minute Order No. 1764: Councilmember Hindi was appointed as the EMID representative on BAWSCA for a four-year term commencing July 1, 2021 through June 30, 2025; This would need to be updated via a separate Minute Order. 2 Minute Order No. 1764: Councilmember Hindi was appointed as the EMID representative on the RFA for a four-year term commencing July 1, 2021 through June 30, 2025; This would need to be updated via a separate Minute Order. * Policy direction by Minute Order is needed to appoint Vice Mayor Kiesel to a partial term from July 1, 2021 through June 30, 2025 and a full term from July 1, 2025 through June 30, 2029.

7.1 Attachment 1 - Council Liaisons List - Dated December 16, 2024

242

DATE:December 16, 2024
TO:Mayor and Members of the City Council
VIA:Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM:Derek Schweigart, Parks and Recreation Director
Justin Lai, Senior Civil Engineer
DEPARTMENT: Parks and Recreation
SUBJECT:RECREATION CENTER REBUILD PROJECT (CIP 301-678)

GENERAL UPDATE

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the update report on the Recreation Center Rebuild Project (Project). This is an informational report only. No further action is required.

EXECUTIVE SUMMARY
Staff will provide a verbal update of the latest Project activities at the City Council meeting. The Project update will consist of this staff report and the attached Construction Manager’s Report. Some of the notable highlights from the start of the Project include:
•Closure of the existing Recreation Center
•Disconnect and demolition of existing utilities to the construction site •Construction and installation of temporary modular buildings for Parks and Recreation programming including utility connections
•Awarding the construction contract and issuing the notice proceed to BHM Construction, LLC. (BHM)
•BHM secured the construction site and prepped the area for building demolition to begin
•The Recreation Center demolition began and will continue into December

8.1 8.1 Staff Report

243

•A groundbreaking and shovel ceremony for the new Foster City Community Center is tentatively scheduled for December 18.

BACKGROUND AND ANALYSIS
On September 16, 2024, the Recreation Center was closed to the public. This allowed staff to remove and relocate items from the building to temporary facilities or other storage locations.

Pacific Gas and Electric (PG&E) removed power from the existing Recreation Center at the beginning of November and turned off the gas service. The new building is all electric and does not require gas service in the future. Other utilities were turned off by City staff and the contractor.

Prior to the start to the start of construction, temporary facilities were constructed on the existing tennis courts adjacent to the Vibe Teen Center in Leo J. Ryan Park. These temporary facilities consist of 3 modular classrooms and 1 restroom trailer. Staff will utilize these classroom spaces to continue recreation programming and provide rental space while the Recreation Center is under construction.

At the City Council regular meeting on September 3, 2024, the City Council awarded the construction contract for the Recreation Center Rebuild Project to BHM who were the low and responsible bidder. Following the award, a preconstruction meeting was held and a notice to proceed was issued to the BHM on November 4, 2024.

BHM secured the construction site by fencing off the work area and minimizing disruption to the rest of the park. Construction trailers, restrooms, and vehicles were brought on site immediately following the notice to proceed. Items on site that were to remain throughout construction were marked and protected. BHM began clearing and grubbing the site in coordination with City staff. Demolition of the Recreation Center started and will continue through December. Following the demolition of the building, a shovel ceremony will be held to signify the start of the new Foster City Community Center construction.

In December, additional surveying and grading will be performed to properly place the building pad. Test piles will be installed to confirm conditions before installing all the building piles. More information on future activities is included in the attached Construction Manager’s Report.

Some of the challenges that have been faced so far include unforeseen utilities that were not indicated on building and site plan as built drawings and maintaining irrigation and electrical power for portions of the park that are outside the fence line. Staff will continue to work with BHM to resolve any of these utility issues as they arise.

Estimated Schedule

8.1 8.1 Staff Report

244

Award of Contract: September 3, 2024
Notice to Proceed: November 4, 2024
Shovel Ceremony: December 18, 2024
Project Completion: July 1, 2026
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
There is no fiscal impact associated with this update. Any fiscal impacts to the Project will be presented to the City Council as a separate agenda item with a recommended action. The construction budget can be seen on the attached Construction Manger’s Report.

8.1 8.1 Staff Report

245

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

Attachment 1 - Monthly Construction Manager's Report November 2024

8.1 8.1 Staff Report

246

FOSTER CITY RECREATION CENTER REBUILD PROJECT
CONSTRUCTION MANAGEMENT MONTHLY REPORT (CIP 301-678)

GRIFFIN STRUCTURES

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Foster City City CouncilDecember 16, 2024

Foster City City Council
December 16, 2024