Agenda packet — Foster City City Council, June 16, 2025 (part 1 of 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:

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, June 16, 2025 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of June 1521, 2025 as “National Mosquito Control Awareness Week”

4.2. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

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

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

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

6.1. City/EMID Special Meeting Minutes of May 22, 2025

6.2. City/EMID Regular Meeting Minutes of June 2, 2025

6.3. City and Planning Commission Joint Special Meeting Minutes of June 9, 2025

6.4. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a School Crossing Guard Agreement with the San Mateo Foster City School District for the 20252026 School Year in the Amount of $21,600
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Ratifying Ordinance 2025001, as Adopted by the San Mateo Consolidated Fire Department (“SMC Fire”) Board on May 21, 2025, which would Make Certain Amendments to Ordinance 2022001 (The SMC Fire Department Fire Code) By Adopting the 2021 International Fire Code with the 2022 California Fire Code Amendments and the 2021 International Wildland Urban Interface Code with Local Findings and Modifications
a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with the San Mateo Consolidated Fire Department in the Amount of $35,101 for the City of Foster City IT Division to Provide Information Technology Services for FY 20252026, and Authorizing the City Manager to Sign Extensions of the Agreement in Future Years within the City Manager’s Purchasing Authority
a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Small Government Enterprise License Agreement with ESRI Inc. for a 3Year Term in an Amount Not to Exceed $126,600 a) Staff Report
b) Adopt Resolution

6.8. A Resolution of the City Council of the City of Foster City Approving Contract Amendment No. 2, Effective July 1, 2025, to the Vendor Services Agreement for Janitorial Services with Julio’s Cleaning and Maintenance Services Dated September 3, 2024, to Add the 2nd Floor Area Previously Occupied by the San Mateo Consolidated Fire Department to the Scope of Work for an Additional Cost of $546 Per Month ($6,552 Annual Total) and Authorize the Mayor to Sign the Amendment
a) Staff Report
b) Adopt Resolution

6.9. A Resolution of the City Council of the City of Foster City Authorizing the Execution of Task Order with Wilsey Ham, Inc. for OnCall Professional Engineering Services in the Amount of $91,862 for the City Hall Rear Parking Lot Security Gates Project (CIP 301707); and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3)
a) Staff Report
b) Adopt Resolution

6.10. A Resolution of the City Council of the City of Foster City Approving a Three Year Professional Services Agreement with LWP Claims Solutions, Inc. to provide Workers Compensation ThirdParty Administration in an Amount Not to Exceed $260,000 and Authorizing the City Manager to Execute the Agreement
a) Staff Report
b) Adopt Resolution

6.11. a) A Resolution of the City Council of the City of Foster City Declaring the Assumption of Any and All Workers Compensation Liabilities as a Self insured Employer; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Declaring the Assumption of Any and All Workers Compensation Liabilities as a Selfinsured Employer
c) Staff Report
d) Adopt Resolutions

6.12. a) A Resolution of the City Council of the City of Foster City Adopting an Updated Investment Policy Dated June 16, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting an Updated Investment Policy Dated June 16, 2025
c) Staff Report
d) Adopt Resolutions

6.13. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective July 1, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Pay Plan for Fiscal Year 20252026, Effective July 1, 2025
c) Staff Report
d) Adopt Resolutions

7. REPORTS

7.1. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program Update for Quarter 1 – January Through March 2025
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

8. RESOLUTIONS FOR ADOPTION

8.1. Consideration of Approving the Fiscal Year 20252026 Final City/District Budget
a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Approving the Fiscal Year 20252026 City Budget
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Fiscal Year 20252026 District Budget

8.2. A Resolution of the City Council of the City of Foster City Adopting the Countywide and Foster City Local Roadway Safety Plan and Accompanying Vision Zero Goal
a) Staff Report
b) Action – Adopt Resolution

8.3. A Resolution of the City Council of the City of Foster City Confirming the Report on the Cost of Repairs, Approving the Notice of Lien and Recordation of Lien and Assessing Costs of Repair Against the Parcel of Real Property Located at 800 Regulus Street
a) Staff Report
b) Action – Adopt Resolution

9. NEW BUSINESS

9.1. Consideration of Preliminary Review of the Proposed Gilead Campus Expansion Project in The Chess Drive/Hatch Drive Area Including Phased Demolition of Twelve (12) Existing Office Buildings (Totaling 191,507 Square Feet (Sf), Together with the Construction of up to a Maximum Of 800,000 Sf Biotechnology or Research and Development Uses, In Addition to a Single, Standalone, MultiStory Parking Garage At 1155, 1165, 1185 Chess Drive a) Staff Report
b) Receive Public Testimony
c) No Action Required Comments Only

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on May 29, 2025
a) Information Item Only
b) No Action Required

11. 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.

12. CLOSED SESSION

12.1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 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, June 16, 2025 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of June 1521, 2025 as “National Mosquito Control Awareness Week”

4.2. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2025

6.2. City/EMID Regular Meeting Minutes of June 2, 2025

6.3. City and Planning Commission Joint Special Meeting Minutes of June 9, 2025

7. REPORTS

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

8. RESOLUTIONS FOR ADOPTION

9. NEW BUSINESS

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on May 29, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager

12.2. Report Out from Closed Session

13. 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, June 16, 2025 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of June 1521, 2025 as “National Mosquito Control Awareness Week”

4.2. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2025

6.2. City/EMID Regular Meeting Minutes of June 2, 2025

6.3. City and Planning Commission Joint Special Meeting Minutes of June 9, 2025

7. REPORTS

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

8. RESOLUTIONS FOR ADOPTION

9. NEW BUSINESS

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on May 29, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager

12.2. Report Out from Closed Session

13. 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, June 16, 2025 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of June 1521, 2025 as “National Mosquito Control Awareness Week”

4.2. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2025

6.2. City/EMID Regular Meeting Minutes of June 2, 2025

6.3. City and Planning Commission Joint Special Meeting Minutes of June 9, 2025

7. REPORTS

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

8. RESOLUTIONS FOR ADOPTION

9. NEW BUSINESS

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on May 29, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager

12.2. Report Out from Closed Session

13. 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, June 16, 2025 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of June 1521, 2025 as “National Mosquito Control Awareness Week”

4.2. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2025

6.2. City/EMID Regular Meeting Minutes of June 2, 2025

6.3. City and Planning Commission Joint Special Meeting Minutes of June 9, 2025

7. REPORTS

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

8. RESOLUTIONS FOR ADOPTION

9. NEW BUSINESS

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on May 29, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager

12.2. Report Out from Closed Session

13. 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, June 16, 2025 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of June 1521, 2025 as “National Mosquito Control Awareness Week”

4.2. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2025

6.2. City/EMID Regular Meeting Minutes of June 2, 2025

6.3. City and Planning Commission Joint Special Meeting Minutes of June 9, 2025

7. REPORTS

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

8. RESOLUTIONS FOR ADOPTION

9. NEW BUSINESS

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on May 29, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

6 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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, June 16, 2025 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of June 1521, 2025 as “National Mosquito Control Awareness Week”

4.2. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2025

6.2. City/EMID Regular Meeting Minutes of June 2, 2025

6.3. City and Planning Commission Joint Special Meeting Minutes of June 9, 2025

7. REPORTS

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

8. RESOLUTIONS FOR ADOPTION

9. NEW BUSINESS

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on May 29, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

7 4.1

4.1 Proclamation

8 4.2

4.2 Proclamation

9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MAY 22, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed Special Meeting of the City Council of the City of Foster City sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of May 22, 2025 was called to order at 6:30 p.m. by Mayor/President Jimenez.

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

PRESENT: Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Cory Call, Police Chief; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director; Nate Cruz, Finance Director; Derek Schweigart, Parks and Recreation Director; Laura Galli, Engineering Manager; Zaheed Danish, Public Works Superintendent; Chuck Venook, Chief Building Official; Yelena Cappello, Management Analyst; Maricar Dupaya, Principal Management Analyst; Michael Miller, Fleet Supervisor; Nori Jabba, Housing Coordinator; Rob Lasky, IT Manager; Brett Yates, Video Technician; Katherine Estrada, Deputy City Clerk; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

STUDY SESSION
Mayor/President Jimenez recessed the meeting into Study Session.

PRELIMINARY BUDGET FOR FY 2025-2026 AND FIVE-YEAR FINANCIAL PLAN FOR FY 2025-2026 TO FY 2029-2030. MINUTE ORDER NO. 2027.

Finance Director Cruz presented the staff report.

Discussion ensued.

6.1 6.1 Minutes

10 Motion by Councilmember/Director Niederhofer, second by Councilmember/Director Venkat, and carried unanimously, 5-0-0, adopting Minute Order No. 2027, receiving and accepting the FY 2025-2026 Budget and Five-Year Financial Plan for FY 2025-2026 to FY 2029-2030 and providing the following policy direction:

1. Continue to evaluate staffing needs for each department;

2. Explore sponsorship opportunities for the new Community Center; and

3. Explore alternatives to increase the revenue base.

Meeting recessed into study session at 6:32 p.m. and reconvened at 8:49 p.m.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 8:49 p.m.

6.1 6.1 Minutes

11 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF JUNE 2, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of June 2, 2025 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 Stacy Jimenez.

This meeting was held as a hybrid meeting.

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

PRESENT: Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Diane Pitman, Administrative Services Director; Cory Call, Police Chief; Nate Cruz, Finance Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Nori Jabba, Housing Coordinator; Yelena Capello, Management Analyst; Ryan Marquez, Senior Civil Engineer; Dawud Brewer, Human Resources Manager; Daniella Falkowski, Social Media and Communications Assistant; Shuli Chen, Video Technician; and Priscilla Schaus, Communications
Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING AND OBSERVING JUNETEENTH.

Mayor Jimenez presented the proclamation recognizing and observing Juneteenth to Alexis Lewis, representing Island United Church, and Bill Stewart, representing the Foster City Association of Black Residents.

6.2 6.2 Minutes

12 PROCLAMATION RECOGNIZING JUNE 2025 AS LGBTQIA+ PRIDE MONTH.

Councilmember Venkat presented the proclamation recognizing June 2025 as LGBTQIA+ Pride Month to San Mateo County LGBTQIA+ Commissioner Marilyn Hollinger.

PUBLIC
The following people addressed the City Council via email:

1. Barbara Kilpatrick, regarding Caltrain;

2. Giuliano, regarding US 101/SR 92 Interchange Direct Connector Project; and

3. Yiming Luo & Frederic de Sauvage, regarding the Bicycle and Pedestrian Master Plan.

The following people addressed the City Council in person:

1. Laura Fanucchi, HIP Housing Director of Programs, regarding HIP Housing’s work with the City; and

2. Marjory Ruiz Hidalgo, representing PG&E, introduced herself as the City’s new representative for local government affairs.

CONSENT CALENDAR
Motion by Vice Mayor/Vice President Kiesel, seconded by Councilmember/Director Venkat, 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 May 19, 2025;

2. City Resolution No. 2025-35, “A Resolution of the City Council of the City of Foster City, California, Establishing the Property Tax Rate for General Obligation Bonds for Fiscal Year 2025-2026;”

3. City Resolution No. 2025-36, “A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E. Hillsdale Boulevard to Bounty Drive; the Closure of Vehicular Traffic Flow on Balclutha Drive West of the Turnaround Located in Front of the PJCC Campus and Shell Boulevard; the Shell Boulevard Exit From the South Service Road of the PJCC Campus; and the Shell Boulevard Exit From Civic Center Drive for the Fourth of July Celebration on July 4, 2025;”

4. City Resolution No. 2025-37, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute a Two-Year Agreement with Tolemi for Registry of the Below Market Rate Rental Units in an Amount Not to Exceed $37,000, Authorize the City Manager to Execute Two One-Year Extensions in an Amount Not to Exceed $15,000 per year; and Finding Approval of the Agreement Exempt from the CEQA Pursuant to Section 15061(b)(3);”

6.2 6.2 Minutes

13 5. City Resolution No. 2025-38, “A Resolution of the City Council of the City of Foster City Approving Merger of CIPS 301-718 & 301-717, Renaming the Project to the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301-717), Task Order with Schaaf and & Wheeler Consulting Engineers, Inc.

In the Amount of $992,045 for Engineering Design Services Related to the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301- 717), Amendment No. 1 with Schaaf & Wheeler Consulting Engineers, Inc. to the Master Services Agreement, and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) 15061(b)(3);”

6. EMID Resolution No. 3803, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a One-Year Extension of the Water/Wastewater Rate Assistance Program (W/WRAP) Through June 30, 2026, and Unless Further Extended by the District Board, Will Automatically Sunset at the Conclusion of This Period; and Finding the Approval of the Extension is Exempt From Review Under the California Environmental Quality Act (CEQA) 15061(b)(3)”; and

7. Minute Order No. 2028, “Receive and Accept the 3rd Quarter Fiscal Year 2024- 2025 Financial Update.”

ITEM REMOVED FROM CONSENT CALENDAR

AGREEMENT WITH PACIFIC GAS AND ELECTRIC (PG&E) IN THE AMOUNT OF $88,633.15 FOR THE PROVISION OF PERMANENT POWER FOR THE RECREATION CENTER REBUILD PROJECT (CIP 301-678) (CEQA STATUS: ADOPTED INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (SCH # 20231009). CITY RESOLUTION NO. 2025-39.

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

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Niederhofer, seconded by Vice Mayor Kiesel, and carried, 4- 1-0, Councilmember Sullivan voted “no,” adopting City Resolution No. 2025-39, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with Pacific Gas and Electric (PG&E) in the Amount of $88,633.15 for the Provision of Permanent Power for the Recreation Center Rebuild Project (CIP 301- 678) (CEQA Status: Adopted Initial Study and Mitigated Negative Declaration (SCH # 20231009).”

PUBLIC HEARINGS
REVIEW AND ESTABLISH WATER RATES EFFECTIVE JULY 1, 2025 WITH ANNUAL INCREASES THROUGH JULY 1, 2029. EMID RESOLUTION NO. 3804.

6.2 6.2 Minutes

14 Management Analyst Capello presented the staff report.

President Jimenez opened a public hearing to hear and consider comments regarding reviewing and establishing water rates effective July 1, 2025 with annual increases through July 1, 2029.

Connie Vial addressed the City Council via email.

Without objection from the Board of Directors, President Jimenez closed the public hearing.

Discussion ensued.

Motion by Director Sullivan, seconded by Director Venkat and carried unanimously, 5-0- 0, adopting EMID Resolution No. 3804, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing Updated Water Rates Effective July 1, 2025, with Annual Adjustments Each July 1 Through July 1, 2029.” REVIEW AND ESTABLISH WASTEWATER RATES EFFECTIVE JULY 1, 2025 WITH ANNUAL INCREASES THROUGH JULY 1, 2029. EMID RESOLUTION NO. 3805.

Management Analyst Capello presented the staff report.

President Jimenez opened a public hearing to hear and consider comments regarding reviewing and establishing wastewater rates effective July 1, 2025 with annual increases through July 1, 2029.

Connie Vial addressed the Board of Directors via email.

Without objection from the Board of Directors, President Jimenez closed the public hearing.

Discussion ensued.

Motion by Director Venkat, seconded by Vice President Kiesel, and carried unanimously, 5-0-0, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing Updated Wastewater Rates Effective July 1, 2025, with Annual Adjustments Each July 1 Through July 1, 2029.”
FISCAL YEAR 2025-2026 PRELIMINARY BUDGET. MINUTE ORDER NO. 2029.

Finance Director Cruz presented the staff report.

Mayor/President Jimenez opened a public hearing to hear and receive comments regarding the fiscal year 2025-2026 preliminary budget.

6.2 6.2 Minutes

15 No public testimony was received.

Without objection from the City Council/Board of Directors, Mayor/President Jimenez closed the public hearing.

Discussion ensued.

Motion by Councilmember/Director Niederhofer, seconded by Councilmember/Director Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 2029, directing staff to proceed with incorporating the terms from the preliminary budget into the final budget for Fiscal Year 2025-2026 to be considered for adoption by the City Council/Board of Directors on June 16, 2025.

FOSTER CITY WORKFORCE VACANCIES, RECRUITMENT, AND RETENTION TRENDS IN COMPLIANCE WITH ASSEMBLY BILL 256. MINUTE ORDER NO. 2030.

Administrative Services Director Pitman presented the staff report.

Mayor Jimenez opened a public hearing to hear and consider comments regarding the report on the Foster City workforce vacancies, recruitment, and retention trends in compliance with Assembly Bill 2561.

No public testimony was received.

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

Discussion ensued.

Motion by Councilmember Niederhofer, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 2030, receiving and accepting the report on Foster City Workforce Vacancies, Recruitment, and Retention Trends in compliance with AB 2561.

REPORTS
CITIZENS SUSTAINABILITY ADVISORY COMMITTEE (CSAC) 2024 YEAR END REPORT AND REVIEW OF MISSION STATEMENT AND GOALS FOR 2025. MINUTE ORDER NO. 2031.

Community Development Director Mangalam introduced CSAC members Shilpi Goel, Ron Haupt, and Marah Curry, who presented the report.

Discussion ensued.

6.2 6.2 Minutes

16 Motion by Councilmember Venkat, seconded by Councilmember Niederhofer, and carried unanimously, 5-0-0, adopting Minute Order No. 2031, receiving and accepting the Citizens Sustainability Advisory Committee 2024 Year End Report and Review of Mission Statement and Goals for 2025.

UTILITY BOX ART PROGRAM UPDATE. MINUTE ORDER NO. 2032.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Vice Mayor Kiesel, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 2032, receiving and accepting the update on the Utility Box Art Pilot Program.

GENERAL PLAN AMENDMENT OF PARKS AND OPEN SPACE AND CONSERVATION ELEMENTS. MINUTE ORDER NO. 2033.

Community Development Director Mangalam introduced Della Acosta, representing Rincon Consultants, who presented the staff report.

Discussion ensued.

Motion by Councilmember Niederhofer, seconded by Vice President Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 2033, receiving and accepting the update on the Parks and Open Space and Conservation Element project status, the update on the community feedback received so far, and the Assessments that have been completed for updating the Parks and Open Space Element and Conservation Elements of the General Plan.

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

City/District Warrants of Demands were Processed and Issued on May 5, 2025, May 14, 2025, and ACH were processed on May 5, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Venkat stated she attended the Foster City Village Spring Luncheon on May 20. On May 28, she attended the San Mateo-Foster City School District Workforce Housing Leadership Subcommittee meeting, where they toured a potential workforce housing site. On May 30, she attended the Housing Leadership Council Policy Breakfast. On May 31, she attended the Foster City Little League’s End of Season

6.2 6.2 Minutes

17 Celebration at the Leo J. Ryan Park Amphitheater. She shared that the San Mateo County Pride Celebration will be on June 14 at 10:00 a.m.

Councilmember/Director Niederhofer stated she attended the 2025 Local Energy Codes event hosted by Silicon Valley Clean Energy and Peninsula Clean Energy on May 29.

She requested to agendize sending a letter from the City Council to the City and County of San Francisco expressing concern regarding their draft EIR of the SFO Recommended Airport Development Plan, and she received support from Mayor/President Jimenez and Vice Mayor/Vice President Kiesel.

Councilmember/Director Sullivan stated he attended the San Mateo County Pre-Hospital Emergency Medical Services Group Joint Powers Authority Board meeting on May 21.

On May 22, he attended the City/County Association of Governments of San Mateo County (C/CAG) Airport Land Use Committee meeting. On May 29, he attended the Traffic Review Committee meeting. On June 2, he attended the City’s LGBTQIA+ Progress Pride Flag Raising Ceremony.

Vice Mayor/Vice President Kiesel stated he attended separate meetings on May 27 with individual members of the San Mateo County Library Joint Powers Authority (JPA) Governing Board regarding their Fiscal Year 2025-26 recommended budget.

Mayor/President Jimenez stated she attended the San Mateo Consolidated Fire Department Board meeting on May 21, where they honored Deputy Fire Chief Robert Marshall on his retirement, and approved their FY 2025-26 Operating Budget. On May 22, she read to several classes at Audubon Elementary School. She congratulated the graduating high school students in Foster City and reminded the public to be careful when driving, especially because children are now out of school.

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

6.2 6.2 Minutes

18 CITY OF FOSTER CITY/

FOSTER CITY PLANNING COMMISSION
SPECIAL MEETING OF JUNE 9, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL AND FOSTER CITY PLANNING COMMISSION The duly called and noticed Special Meeting of the City Council and the Planning Commission of the City of Foster City (City) sitting as said Council and Planning Commission of June 9, 2025 was called to order at 6:30 p.m. by Mayor Jimenez.

Planning Commissioner Shankar Kenkre teleconferenced from 5811 Foxglove Lane, Dallas, TX 75249.

This meeting was held as a hybrid meeting.

ROLL CALL
The Deputy City Clerk called the roll:

PRESENT: Councilmembers Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor Stacy Jimenez.

Planning Commissioners Ravi Jagtiani, Shankar Kenkre, Robert Pedro, and Doug Stoveland.

ABSENT: Planning Commission Chair Nicolas Haddad
STAFF PRESENT: Stefan Chatwin, City Manager; Denise Bazzano, Assistant City Attorney; Eric Phillips, Special Legal Counsel; Marlene Subhashini, Assistant City Manager; Sofia Mangalam, Community Development Director; Rob Lasky, IT Manager; Shuli Chen, Video Technician; and Katherine Estrada, Deputy City Clerk.

NEW BUSINESS
2025 LAND USE AND HOUSING LEGISLATIVE UPDATE. NO ACTION TAKEN.

Special Legal Counsel Phillips gave a presentation on the 2025 Land Use and Housing Legislative Update.

No action was taken.

ADJOURNMENT

6.3 6.3 Minutes

19 Hearing no objection from the City Council and Planning Commission, Mayor Jimenez adjourned the meeting. Meeting adjourned at 8:12 p.m.

6.3 6.3 Minutes

20 DATE: June 16, 2025

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

FROM: Cory Call, Police Chief
DEPARTMENT: Police
SUBJECT: SCHOOL CROSSING GUARD AGREEMENT WITH THE SAN

MATEO-FOSTER CITY SCHOOL DISTRICT IN THE AMOUNT OF
$21,600 FOR THE 2025-2026 SCHOOL YEAR

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to sign the attached School Crossing Guard Agreement with the San Mateo- Foster City School District in the amount of $21,600 for the 2025-2026 school year.

EXECUTIVE SUMMARY
The City has discussed with the San Mateo-Foster City School District (District) the renewal of an agreement to provide school crossing guard services for the school year.

The funding level authorized for Fiscal Year (FY) 2024-2025 was $21,600 towards helping the District provide this service, and no change is recommended for FY 2025- 2026.

BACKGROUND/ANALYSIS
For over a decade, the San Mateo–Foster City School District and the City of Foster City have provided school crossing guard services through a cooperative agreement.

The agreement requires the School District to manage the hiring of guards and the day- to-day operation of the program. The City of Foster City has been responsible for

6.4 6.4 Staff Report

21 providing partial funding to the District for the administration of the program and payment of the guards.

During FY 2009-2010, the City increased its contribution to the current level of $21,600 to fund the Crossing Guard Program. Both the District and the Police Department monitor the program for effectiveness, and staffing reductions have been made in the past when warranted.

Subcommittees of the City Council and School Board have met in the past to explore alternative sources of funding for crossing guards (e.g., donations from individuals, organizations, businesses, grants, etc.). To the extent funding does come from these alternative sources, it will reduce the cost of the crossing guards and the payment made by the City to the School District. Through the School District’s outreach to the parents of students by placing donation information in the “back-to-school” packets, it has raised funds for the program in past years. The School District has agreed to include donation information again in the “back-to-school” packets for FY 2025-2026.

The San Mateo-Foster City School District will continue to manage the School Crossing Guard Program. They currently employ up to seven guards who staff cross walks throughout the school day at the following locations:
•Gull Avenue in front of Audubon School
•Beach Park Boulevard and Edgewater Boulevard
•Beach Park Boulevard and Castor Street
•Polynesia Drive and Niantic Drive
•Shell Boulevard and Beach Park Boulevard
California Environmental Quality Act
This 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
$21,600 has been allocated in account number 001-0650-421-4251 in the FY 2025-2026 budget for this purpose.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity

6.4 6.4 Staff Report

22 ATTACHMENTS:

Attachment 1 — Resolution
Attachment 2 — Agreement

6.4 6.4 Staff Report

23 3
4 9
4 RESOLUTION NO. ________

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

AUTHORIZING THE MAYOR TO EXECUTE A SCHOOL CROSSING GUARD AGREEMENT WITH THE SAN MATEO–FOSTER CITY SCHOOL DISTRICT FOR THE 2025-2026 SCHOOL YEAR IN THE AMOUNT OF $21,600

CITY OF FOSTER CITY
WHEREAS, the City of Foster City wants to provide protection for the school children who are required to cross heavily traveled streets in the City; and WHEREAS, some protection can be afforded by placing crossing guards at specific locations in the City; and
WHEREAS, the San Mateo–Foster City School District wishes to cooperate in providing protection for school pupils pursuant to Education Code section 45450 et seq.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to sign a school crossing guard agreement with the San Mateo–Foster City School District for the 2025-2026 school year in the amount of $21,600.

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 June 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________

STACY JIMENEZ, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

24 SCHOOL CROSSING GUARD AGREEMENT
For the 2025-2026 School Year

BETWEEN

THE CITY OF FOSTER CITY
&

THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT
T
his agreement is made and entered into on the 16 th day of June 2025 by and between the City of Foster City, hereinafter "City," and the San Mateo-Foster City School District, hereinafter "District."
WH
EREAS, the City wants to provide protection for the school children who are required to cross heavily traveled streets in the City; and
W
HEREAS, some protection can be afforded by placing crossing guards at specific locations in the City; and
WHEREAS, the District wishes to cooperate in providing protection for school pupils pursuant to Education Code section 45450 et seq.,
NOW, THEREFORE, it is agreed as follows:

1. Th
e District shall select, hire, and supervise crossing guards and reliefs for the crossing guards as necessary for each of the locations and hours as prescribed in Exhibit "A" for all instructional school days of the school year. The crossing guards and their reliefs shall be considered and shall in fact be employees of the District for all purposes.

2. T
he City agrees to reimburse the District for wages and any related benefits paid by t
he District to the crossing guards and their reliefs based on a minimum of two (2) hours per day, per crossing guard, per location (except for the Edgewater and Beach Park Boulevards location which should be designated as a critical intersection and paid on a minimum of four (4) hours per day basis) and for daily administrative costs incurred in providing the crossing guards and their reliefs, so long as the total reimbursement does not exceed that figure agreed to pursuant to paragraph 6 below.

3. The District agrees to prioritize the staffing of crossing guard locations as follows:

A. Beach Park Blvd. and Edgewater Blvd.

B. Gull Avenue @ Audubon Elementary School
C. Polynesia Drive and Niantic Drive
D. Beach Park Blvd. and Castor St.

E. Shell Blvd. and Beach Park Blvd.

This order recognizes the critical nature of the first intersection and the desire to have at least one manually controlled crossing at each school.

6.4 Attachment 2 - Agreement

25 4. Not later than thirty (30) days after the close of each calendar quarter, the District shall bill the City for reimbursement of the costs described in paragraph 2 above. The City shall pay the bill within thirty (30) days of receipt.

5. T
he City shall provide the District crossing guard signs and the District shall provide the signs to the crossing guards.

6. T
he City agrees to reimburse the District up to a maximum of $21,600 for the period J
uly 1, 2025, through June 30, 2026, for crossing guard services as prescribed in Exhibit "A," attached hereto and incorporated herein.

7. At any time during the term of this agreement, the District or the City may request that the list attached as Exhibit "A" hereto be amended by deleting or adding one or more locations.

If after consideration of such request the City determines that a location either should or should not have a crossing guard, the City Council may, by resolution, amend the list attached as Exhibit "A." If a location is added, the District shall promptly provide a crossing guard at that location pursuant to this agreement. If the location is deleted, the District shall promptly remove the crossing guard and immediately cease billing for that location.

8. D
istrict hereby agrees to defend, indemnify, and save harmless City, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of District, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.

The duty of District 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 District to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

9. Ins
urance. District shall acquire and maintain Workers' Compensation, employer's liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance coverage relating to District's services to be performed hereunder covering City's risks in form subject to the approval of the City Attorney and/or City's Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category
Workers' Compensation
Minimum Limits
statutory minimum

6.4 Attachment 2 - Agreement

26 Employer's Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability
Automobile Liability
$1,000,000 per occurrence and $2,000,000
aggregate for bodily injury, personal injury
and property damage
$1,000,000 p er accident for bodily injury and
property damage (coverage required to the
extent applicable to District's vehicle usage in
performing services hereunder)
Concurrently with the execution of this Agreement, District shall, on the Insurance Coverage form provided in Exhibit “B”, furnish City with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a
) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after City shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;
(b) Naming the City of Foster City and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c
) Providing that District's insurance coverage shall be primary insurance with re
spect to City of Foster City and Estero Municipal Improvement District, its Council, officers, boards, commissions , employees, and agents, and any insurance or self-insurance maintained by City for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of District's insurance and not contributory with it.

10. W orkers’ Compensation . District certifies that they are 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 District certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
1 1. The terms of this agreement shall expire on June 30, 2026.

6.4 Attachment 2 - Agreement

27 12. The City and District shall meet during the term of this agreement to evaluate the n
eed for crossing guards for the next school year and to negotiate a successor agreement.

13. Notices sent pursuant to this agreement shall be addressed as follows:

To the City:

To the District:

City Manager
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
Superintendent
San Mateo-Foster City School District
1170 Chess Drive
Foster City, CA 94404

14. This agreement may only be amended by mutual agreement in writing. [S
ignatures on Next Page]

6.4 Attachment 2 - Agreement

28 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:

City Attorney

SAN MATEO-FOSTER CITY SCHOOL

DISTRICT
Dated:

Dated:

President, Board of Trustees
A
TTEST:

Clerk of the Board of Trustees

6.4 Attachment 2 - Agreement

29 San Mateo-Foster City School District
Foster City Crossing guards 2025-2026
Exhibit A
Foster City Crossing Guards - 9713

SITE STREETS LAST FIRST
WK

DAYS HRS/DAY
PAY
RATE
ANNUAL
EARNINGS PERS FICA MEDICARE SUI WC GASB 45 CIL DIF1 H&W TOTAL
COST
AUDUBON GULL Paskett Jodie 180 1 $17.95 $3,231.00 $844.77 $200.32 $46.85 $1.62 $82.61 $4,407.16 AUDUBON GULL Liberty Valerie 180 1 $17.95 $3,231.00 $844.77 $200.32 $46.85 $1.62 $82.61 $4,407.16 BEACH PARK SHELL / PARK Substitute 180 2 $17.95 $6,462.00 $1,689.54 $400.64 $93.70 $3.23 $165.21 $8,814.33 BREWER ISL POLYNESIA/NIANTIC Hermosa Petel Avi 180 2 $17.95 $6,462.00 $1,689.54 $400.64 $93.70 $3.23 $165.21 $8,814.33 FOSTER CITY EDGEWATER/BEACH PARK Ferrari Susan 180 4 $17.95 $12,924.00 $3,379.09 $801.29 $187.40 $6.46 $330.43 $17,628.67 FOSTER CITY BEACH PARK BLVD/CASTOR Larmey John 180 2 $17.95 $6,462.00 $1,689.54 $400.64 $93.70 $3.23 $165.21 $8,814.33 HR Perez Gina 260 0.75 $44.03 $8,585.85 $2,002.30 $532.32 $124.49 $4.29 $219.51 $214.65 $236.16 $28.80 $70.68 $12,019.06 TOTAL EST. COST: $64,905.04
Contracted Employee with Benefits

6.4 Attachment 2 - Agreement

30 1

EXHIBIT B

INSURANCE FORMS

District shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in Section 9 – INSURANCE of the Agreement on the attached form. No substitute form will be accepted.

ATTACHED

1. Insurance Coverage Form

6.4 Attachment 2 - Agreement

31 1 Updated 1/18/2022

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability : the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

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

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

Professional Liability:

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

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

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

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.4 Attachment 2 - Agreement

32 DATE: June 16, 2025

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

FROM: Carisa Workman, Fire Marshal, San Mateo Consolidated Fire Department
DEPARTMENT: Fire
SUBJECT: FIRE CODE ORDINANCE AMENDMENT - FOSTER CITY

RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying Ordinance 2025- 001, as adopted by the San Mateo Consolidated Fire Department (“SMC Fire”) Board on May 21, 2025, which would make certain amendments to Ordinance 2022-001 (the SMC Fire Department Fire Code) by adopting the 2021 International Fire Code with the 2022 California Fire Code Amendments and the 2021 International Wildland Urban Interface Code with local findings and modifications.

EXECUTIVE SUMMARY
In March of 2025, the State Fire Marshal released updated fire hazard severity zone maps for jurisdictions in San Mateo County. Pursuant to Government Code section 51179, the SMC Fire Board considered and adopted the updated fire hazard severity zone maps on May 21, 2025. This new designation of hazard severity zones within the SMC jurisdiction necessitated a modification of the existing SMC Fire Code Ordinance to make changes to the wildland provisions contained in Ordinance 2022-001. The City of Foster City must ratify these changes to the SMC Fire Code Ordinance pursuant to Health and Safety Code section 13869.7(c). Ordinance 2025-001 will not impact the residents of Foster City given that there are no designated fire hazard zones in Foster City.

6.5 6.5 Staff Report

33 BACKGROUND/ANALYSIS
SMC Fire is a Joint Powers Authority formed by the Cities of Belmont, San Mateo, and Foster City that provides fire and emergency services to all three communities. In early 2025, the State Fire Marshal began releasing fire hazard severity zone maps, including updated maps for San Mateo County. Pursuant to Government Code section 51179, a “local jurisdiction” (defined as a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone) must adopt the fire hazard severity zone maps for the Local Responsibility Areas (LRA) within 120 days of receiving the maps from the Fire Marshal. Within thirty days of receiving the maps, SMC Fire, a local jurisdiction, published the fire hazard severity maps for the Cities of Belmont and San Mateo on their website. The SMC Fire Board adopted an ordinance adopting the fire hazard severity zone maps recommended by the State Fire Marshal on May 21, 2025 (Ordinance 2025-002). As a result of the changes to the fire hazard severity zone maps, SMC Fire needed to update the SMC Fire Code Ordinance (Ordinance 2022-001) to amend the wildland provisions to be consistent with the new hazard designation. The SMC Fire Board also considered amendments to the wildland provisions at its meeting on May 21, 2025 and adopted Ordinance 2025-001. Section VI of Ordinance 2025-001 makes various findings to support the amendments to the 2021 International Fire Code and the 2022 California Fire Code (Title 24 of the California Code of Regulations, Part 9) and the 2021 International Wildland Urban Interface Code, which specify that the amendments are needed and reasonably necessary due to local climatic, geological, and topographical conditions as set forth in Attachment 1 of Ordinance 2025-001.

SMC Fire is now providing Foster City with the modifications to the SMC Fire Code made by Ordinance 2025-001 for ratification as required by Health and Safety Code Section 13869.7(a)-(c). The amendments made by Ordinance 2025-001 will not be effective within the City until the ordinance is ratified by the Council pursuant to California Health and Safety Code Section 13869.7(c). The City may ratify, modify, or deny SMC’s adopted ordinance, and must then transmit its determination to SMC within 15 days of the determination. Upon ratification of an adopted ordinance, the City must file a copy of SMC’s findings, together with the adopted ordinance, with the State Department of Housing and Community Development.

California Environmental Quality Act
The ratification of Ordinance 2025-001 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 an administrative action and not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

6.5 6.5 Staff Report

34 FISCAL IMPACT
There is no fiscal impact associated with this Council action.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – SMC Fire Ordinance 2025-001
Attachment 3 – SMC Fire Ordinance 2025-002

6.5 6.5 Staff Report

35 3
5 1
7 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY RATIFYING ORDINANCE 2025-001, AS ADOPTED BY THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT (SMC FIRE) BOARD ON MAY 21, 2025, WHICH WOULD MAKE CERTAIN AMENDMENTS TO ORDINANCE 2022-001 (THE SMC FIRE DEPARTMENT FIRE CODE) BY ADOPTING THE 2021 INTERNATIONAL FIRE CODE WITH THE 2022 CALIFORNIA FIRE CODE AMENDMENTS AND THE 2021 WILDLAND URBAN

INTERFACE CODE WITH LOCAL FINDINGS AND MODIFICATIONS

CITY OF FOSTER CITY
WHEREAS, the Cities of Belmont, San Mateo, and Foster City are a part of the San Mateo Consolidated Fire Department (SMC Fire), a Joint Powers Authority, which officially commenced operations on January 13, 2019; and WHEREAS, the SMC Fire Board adopted an ordinance adopting the fire hazard severity zone maps recommended by the State Fire Marshal on May 21, 2025 (Ordinance 2025-002); and
WHEREAS, as a result of the changes to the fire hazard severity zone maps, SMC Fire needed to update the SMC Fire Code Ordinance (Ordinance 2022-001) to amend the wildland provisions to be consistent with the new hazard designation; and WHEREAS, the SMC Fire Board also considered amendments to the wildland provisions at its meeting on May 21, 2025 and adopted Ordinance 2025-001; and WHEREAS, Section VI of Ordinance 2025-001 makes various findings to support the amendments to the 2021 International Fire Code and the 2022 California Fire Code (Title 24, Part ) and the 2021 International Wildland Urban Interface Code, which specify that the amendments are needed and reasonably necessary due to local climatic, geological, and topographical conditions as set forth in Attachment 1 of Ordinance 2025- 001; and
WHEREAS, SMC Fire is now providing Foster City with the modifications to the SMC Fire Code made by Ordinance 2025-001 for ratification as required by Health and Safety Code section 13869.7(a)-(c); and
WHEREAS, the amendments made by Ordinance 2025-001 will not be effective within the City until the ordinance is ratified by the Council pursuant to California Health and Safety Code section 13869.7(c); and
WHEREAS, the ratification of Ordinance 2025-001 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code

6.5 Attachment 1 - Resolution

36 3
5 1
7 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 an administrative action and not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment; and WHEREAS, the Council considered Ordinance 2025-001 and the findings stated therein, at a public meeting on June 16, 2025.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby ratify, in its entirety, Ordinance 2025-001, attached hereto, as adopted by the SMC Fire Board at its meeting on May 21, 2025,
BE IT FURTHER RESOLVED, the Council hereby directs the City Clerk to transmit a copy of this Resolution to the SMC and file a copy of SMC’s findings, together with the adopted ordinance, with the State Department of Housing and Community Development within 15 days of June 16, 2025 and take any other action necessary to comply with the requirements of Health and Safety Code section 13869.7.

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 June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

Page 1 of 18 ends

Ordinance No. ORD-2025-001
California Fire Code

SAN MATEO CONSOLIDATED FIRE DEPARTMENT

FIRE CODE

ORDINANCE NO. ORD-2025-001

UPDATING THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT FIRE CODE BY

IMPLEMENTING THE LOCAL RESPNSIBILITY AREA FIRE HAZARD SEVERITY ZOME MAPS

PUBLISHED BY THE OFFICE OF THE STATE FIRE MARSHAL AND CONFIRMING THE ADOPTION OF THE 2021 INTERNATIONAL FIRE CODE WITH THE 2022 CALIFORNIA FIRE CODE AMENDMENTS AND THE 2021 INTERNATIONAL WILDLAND URBAN INTERFACE CODE WITH

LOCAL FINDINGS AND MODIFICATIONS

The San Mateo Consolidated Fire Department Board of Directors HEREBY ORDAINS THE FOLLOWING:

PARTS
I. Adoption
II. Applicability
III. Modifications
a. Division 1- Modifications to the California Fire Code b. Division 2- Adoption and Modifications to the International Wildland Urban Interface Code

IV. Violations
V. Fire and Life Safety Inspections
VI. Local Findings and Amendments
VII. Environmental Determination
VIII. Notice Provided; Effective Date

6.5 Attachment 2 - SMC Fire Ordinance 2025-001

Page 2 of 18 ends

Ordinance No. ORD-2025-001
California Fire Code

PART I- ADOPTION

A. The San Mateo Consolidated Fire Department hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

B. The map, approved by the San Mateo Consolidated Fire Department is hereby incorporated by reference, and entitled “Fire Hazard Severity Zones.”

The official map is also located electronically on the following website Fire Hazard Severity Zones (FHSZ) & Local Responsibility Areas (LRA) – SMC Fire https://www.smcfire.org/fire-hazard-severity-zones-fhsz-local-responsibility-areas- lra/

C. The San Mateo Consolidated Fire Department hereby modifies Ordinance 2022-001 which adopts the 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), with California Amendments and the 2021 International Wildland Urban Interface Code as amended and as specified in part III of this ordinance. Those chapters and appendices not mentioned in section III are only enforceable if adopted by the State Fire Marshal. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each city within the jurisdiction of the Department.

D. The 2022 California Fire Code (CFC), California Code of Regulations, Title 24, Part 9, adopting the 2021 International Fire Code of the International Code Council with necessary California amendments, together with the non-building standards reproduced therein except otherwise provided by this ordinance, are adopted by reference as the Fire Code of the San Mateo Consolidated Fire Department. This Code including all amendments thereto, shall hereafter be called the “Fire Code,” and/or this “Code” and are adopted as and for the rules, regulations, and standards within the Jurisdiction as to all matters therein, except otherwise provided.

E. No section of the Fire Prevention Code shall impose a mandatory duty of enforcement on the Jurisdiction, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the Jurisdiction, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.

6.5 Attachment 2 - SMC Fire Ordinance 2025-001

Page 3 of 18 ends

Ordinance No. ORD-2025-001
California Fire Code

F. A copy of the Fire Code, as defined herein, shall be kept on file on with the office of the San Mateo Consolidated Fire Department Fire Marshal.

G. The San Mateo Consolidated Fire Department has determined that modifications to the 2021 International Fire Code with the 2022 California Amendments are needed and reasonably necessary due to local climatic, geological, and topographical conditions, as set forth in Attachment 1 (Findings in Support of Amendments to the 2022 California Fire Code), which are incorporated fully herein.

PART II- APPLICABILITY

A. All sections of this Code shall apply to all buildings, structures and portions thereof, vegetated properties and to replace premise or building.

B. Whenever any provision of this Chapter code or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations, or contain any restrictions covering the same subject matter, the provision that is more restrictive or imposes higher standards or requirements shall govern.

PART III- ADOPTION OF SECTIONS AND MODIFICATIONS

Division 1: Modifications to the California Fire Code

The following sections are adopted as described below.

SECTION 202 GENERAL DEFINITIONS. MODIFIED

LOCAL AGENCY MODERATE FIRE HAZARD SEVERITY ZONE. An area designated by the local agency based on Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

Chapter 49 is adopted in its entirety as amended below

Section 4901.1 is amended as follows

4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter

6.5 Attachment 2 - SMC Fire Ordinance 2025-001

Page 4 of 18 ends

Ordinance No. ORD-2025-001
California Fire Code

and the 2021 International Wildland Urban Interface Code as adopted by the San Mateo Consolidated Fire Department.

SECTION 4902 DEFINITIONS. ADDED

LOCAL AGENCY FIRE HAZARD SEVERITY ZONE.

Property within a Local Responsibility Area (LRA) served by the San Mateo Consolidated Fire Department that has been designated by the Office of the State Fire Marshal and/or the San Mateo Consolidated Fire Department as a Moderate, High, or Very High Fire Hazard Severity Zone.

SECTION 4905.2 CONSTRUCTION METHODS AND REQUIREMENTS
WITHIN ESTABLISHED LIMITS.

SECTION 4905.3.1 LOCAL AGENCY MODERATE FIRE HAZARD SEVERITY ZONE REQUIREMENTS.

4905.3.1 Local Agency Moderate fire hazard severity zone requirements. Buildings constructed in local Agency Moderate Fire Hazard Severity Zones shall comply with section 4905.2.

SECTION 4906.2 APPLICATION. AMENDED

4906.2 Application. [No change]

1. [No change]

1.1. [No change]

1.2. [No Change]

1.3. [No Change]

2. All land designated by the Office of the State Fire Marshal and as confirmed or modified by the San Mateo Consolidated Fire Department as one of the following fire hazard severity zones:

2.1. Moderate

2.2. High

2.3. Very High

SECTION 4907.1 GENERAL. AMENDED

4907.1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Areas (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270.

6.5 Attachment 2 - SMC Fire Ordinance 2025-001

Page 5 of 18 ends

Ordinance No. ORD-2025-001
California Fire Code

Buildings and structures within the Local Responsibility Area (LRA) shall maintain defensible space as outlined in Government code sections 51175 through 51189 in moderate, high, and very high fire hazard severity zones as designated by the Office of the State Fire Marshal and as confirmed or modified by the San Mateo Consolidated Fire Department.

Division 2- Adoption and Modifications to the International Wildland Urban Interface Code

The following sections of the 2021 International Wildland Urban Interface Code are adopted and modified as described below.

Chapter 1 No changes from Ordinance 2022-001

Chapter 2 is adopted in its entirety as amended below.

Chapter 3 is adopted in its entirety as amended below

SECTION 302.1 IS AMENDED AS BELOW

302.1 Declaration.

The San Mateo Consolidated Fire Department hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

The map, approved by the San Mateo Consolidated Fire Department is hereby incorporated by reference, and entitled “City (or County or District) Fire Hazard Severity Zones.”

The official map is also located electronically on the following website Fire Hazard Severity Zones (FHSZ) & Local Responsibility Areas (LRA) – SMC Fire

6.5 Attachment 2 - SMC Fire Ordinance 2025-001

Page 6 of 18 ends

Ordinance No. ORD-2025-001
California Fire Code

https://www.smcfire.org/fire-hazard-severity-zones-fhsz-local-responsibility-areas- lra/

Chapter 4 No Changes

Chapter 5 is modified as follows

SECTION 501 GENERAL

501.1 Buildings constructed in a Moderate fire hazard severity zone shall comply with section 502.

Chapter 6 No Changes

Chapter 7 No Changes

PART IV- VIOLATIONS.

It is unlawful to violate or fail to comply with any provisions of this Code, or violate or fail to comply with any order made under this Code or to build in violation of any detailed statement of specification or plans submitted and approved under this Code, or any certificate or permit issued under this Code.

PART V- FIRE AND LIFE SAFETY INSPECTIONS.

Inspections by the Fire Department shall periodically be made of buildings and structures that are used for residential or non-residential purposes as follows:
a) The time and frequency of inspections shall be determined by the Fire Chief. No buildings shall be inspected for a fee more than annually except for re-inspections to assure that code corrections have been made or hazards have been corrected. b) A fee for inspections shall be established in the adopted Master Fee Schedule to offset costs of the regulatory inspection program and shall be collected upon inspection from each property subject to this ordinance. Revenues shall be used for the inspection and enforcement program.
c) All properties shall be subject to inspection fees. d) Nothing in this section is intended to prevent inspections of property under nuisance abatement or other laws.

PART VI – LOCAL FINDINGS AND AMENDMENTS

The Fire Department has determined that modifications to the 2021 International Fire Code with the 2022 California Amendments are needed and reasonably necessary due to local climatic,

6.5 Attachment 2 - SMC Fire Ordinance 2025-001

Page 7 of 18 ends

Ordinance No. ORD-2025-001
California Fire Code

geological, and topographical conditions, as set forth in Attachment 1 (Findings in Support of Amendments to the 2022 California Fire Code), which are incorporated herein as substantive provisions of this Ordinance.

PART VII- ENVIRONMENTAL DETERMINATION.

The Department Board of Directors finds that the modifications to California building standards, adopted by reference by the proposed ordinance, are enacted to provide a safer, more protected environment in response to local conditions, including local climatic, geological, and topographical conditions. The adoption of this ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code section 21000 et seq., “CEQA”) as the Ordinance is not a “project” as defined under CEQA. Moreover, the Ordinance is exempt from review pursuant to the CEQA Guidelines (California Code of Regulations Title 14, Chapter 3) consistent with, among other things, CEQA Guidelines Section 15061(b)(3), Section 15308, and Section 15321.

PART VIII- NOTICE PROVIDED; EFFECTIVE DATE.

This Ordinance shall be published in summary in the San Francisco Examiner, posted in the Departments administrative offices, and posted on the Department’s Website, and shall be effective on July 1, 2025.

6.5 Attachment 2 - SMC Fire Ordinance 2025-001

Page 8 of 18 ends

Ordinance No. ORD-2025-001
California Fire Code

I hereby certify this to be a correct copy of Ordinance 2025-001 of the San Mateo Consolidated Fire Department, introduced on April 29, 2025, and adopted on May 21, 2025 at a regular meeting of the Department Board of Directors by the following vote

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Board Secretary

Board President

APPROVED AS TO FORM:

William D. Ross, General Counsel

6.5 Attachment 2 - SMC Fire Ordinance 2025-001

45 1

ORDINANCE NO. 2025-002

AN ORDINANCE OF THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT

BOARD OF DIRECTORS
ADOPTING THE 2025 FIRE HAZARD SEVERITY ZONE MAP AS RECOMMENDED BY THE

CALIFORNIA STATE FIRE MARSHAL

WHEREAS, Government Code Section 51178 requires the California State Fire Marshal to identify and recommend areas within the state as moderate, high, or very high fire hazard severity zones based on consistent statewide criteria; and

WHEREAS, pursuant to Government Code Section 51179, local agencies are required to adopt the fire hazard severity zone designations within 120 days of receiving the recommendations from the State Fire Marshal; and

WHEREAS, on February 24, 2025, the San Mateo Consolidated Fire Department (“SMC Fire”) received the 2025 Fire Hazard Severity Zone (FHSZ) Map from the State Fire Marshal, identifying designated zones within SMC Fire’s jurisdiction; and

WHEREAS, information regarding the 2025 FHSZ Map is available on SMC Fire’s public website, at: Fire Hazard Severity Zones (FHSZ) & Local Responsibility Areas (LRA) – SMC Fire

WHEREAS, SMC Fire has made the proposed FHSZ Map available for public review, provided proper public notice in accordance with Government Code Section 51179(g), and held a public hearing on April 29, 2025, to receive public input; and

WHEREAS, SMC Fire finds that adoption of the map is in the interest of public safety, supports fire prevention and mitigation efforts, and ensures compliance with applicable state law; and

WHEREAS, SMC Fire has not reduced or altered the fire hazard severity designations established by the State Fire Marshal, and this adoption is consistent with the model ordinance requirements by the State Fire Marshal.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT ORDAINS AS FOLLOWS:

Section 1. Adoption of 2025 FHSV Maps . The 2025 Fire Hazard Severity Zone Map a s recommended by the California State Fire Marshal for SMC Fire’s service area is adopted without change. The 2025 map for San Mateo County is attached and incorporated as Exhibit A.

Section 2. Effective Date. This Ordinance shall take effect and be in full force 30 days

6.5 Attachment 3 - SMC Fire Ordinance 2025-002

46 2

after its final passage and adoption at its second reading. After adoption, SCM FIRE shall submit the Ordinance to State Board of Forestry and Fire Protection.

Section 3. Severability. The ordinance shall be liberally constructed to achieve its purpose and preserve its validity. If any provisions or clause of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the valid provision or application. To this end, the provisions of this ordinance are declared to be servable and are intended to have independent validity.

The foregoing ordinance was introduced and read at a regular meeting of the SMC Fire Board of Directors, held on the 29th day of April 2025, by the following vote:

AYES: Mates, Newsom, Jimenez
NOES:

ABSENT:

ABSTAIN:

The foregoing ordinance was adopted at a regular meeting of the SMC Fire Board of Directors held on May 21, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Julia Mates
Chair, Board of Directors

ATTEST: APPROVED AS TO FORM:

Nicole Morales William D. Ross
Clerk of the Board Department General Counsel

6.5 Attachment 3 - SMC Fire Ordinance 2025-002

47 DATE: June 16, 2025

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: AGREEMENT FOR FOSTER CITY IT DIVISION TO PROVIDE IT

SERVICES TO SAN MATEO CONSOLIDATED (SMC) FIRE

RECOMMENDATION
It is recommended that the City Council approve the attached resolution authorizing the City Manager to sign an agreement which contracts the City of Foster City (hereinafter referred to as "Foster City") Information Technology (IT) Division to provide IT Services to the San Mateo Consolidated Fire Department (hereinafter referred to as "SMC Fire") in FY 2025-2026, and authorizing the City Manager to sign extensions of the agreement in future years.

EXECUTIVE SUMMARY
SMC Fire has the need of various IT services including support of their IT systems (desktops, laptops, tablets, servers, network switches, internet circuits, SD-WAN equipment, telephones, printers, copiers, and software). Although this need has lessened since SMC Fire hired a dedicated IT Support person, Foster City IT still provides GIS development services, as well as supplemental day-to-day support when needed. The Foster City IT Division has the bandwidth to support SMC Fire for these functions, and the offset provided by the revenue helps to keep costs manageable for the other City departments.

6.6 6.6 Staff Report

48 This agreement will result in revenues of $35,101 to the IT Internal Services Fund (ISF) that will help lower the reallocation chargebacks that the IT Division applies to the other City departments, which is an indirect benefit to the General Fund.

BACKGROUND/ANALYSIS
Prior to SMC Fire officially becoming their own entity in 2019, each of the joining Fire Departments were tied into their parent city’s IT infrastructure. SMC Fire was aware that they would eventually have to find a way to remove those ties to their parent cities and run a separate network of their own. In early 2019, SMC Fire reached out to the Foster City IT Division to ask for advice. The Foster City IT Manager offered to help, with approval from the City Manager. The Foster City IT Division also offered to migrate some of SMC Fire’s virtual servers from San Mateo and Belmont to Foster City’s server infrastructure. The Foster City IT Manager assisted an SMC Fire contracted project manager throughout the network migration during 2019, helping to choose the vendor for their managed WAN and phone system, as well as a vendor to help refresh the PCs that were transferred from San Mateo, Belmont, and Foster City’s inventories.

In 2023, SMC Fire hired a full-time Systems Analyst of their own. This has reduced the overall impact on Foster City IT, however, there are some areas that Foster City IT has still been helping with. Specifically, Foster City IT has continued to help SMC Fire with GIS development, as this is a somewhat specialized skillset. The Foster City IT Division has the bandwidth to support SMC Fire for these functions, and the offset provided by the revenue helps to keep costs manageable for the other City departments.

The agreement is structured to allow extensions, so staff has added language to the resolution this year to allow future extensions to be signed by the City Manager without needing to bring them back to City Council. The extensions would only extend the dates and update the amount charged in upcoming years.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The proposed charge to SMC Fire for Fiscal Year 2025-2026 is based on these line items:

Proposed Charges to SMC Fire in
Fiscal Year 2025-2026
Cost
10% of Sr System Analyst
(overhead included)
$ 20,251
6 virtual servers
@ $600/year/server
$ 3,600
Ninja RMM licensing $ 5,250

6.6 6.6 Staff Report

49 Paid by Foster City for both orgs for ease of
administration, then billed back to SMC Fire for
their portion
Data Circuit Usage
Fractional usage of the data circuit between City
Hall and the Corporation Yard to connect SMC
Fire’s Training Trailer to their Admin offices
$ 6,000
TOTAL $ 35,101
By offering these services to SMC Fire, the Foster City IT Division has been able to lessen the impact to Foster City’s General Fund by offsetting IT ISF charges to the City’s other departments. The Foster City IT Division's project workload has not been impacted by supporting SMC Fire, in part because staff had already been supporting the Foster City Fire Department prior to the formation of SMC Fire. If the City Council chooses not to approve the resolution, IT ISF charges to Foster City’s other departments for Fiscal Year 2025-2026 would need to be increased to cover the loss of the fees that would have been charged to SMC Fire. Additionally, SMC Fire would need to find alternative IT Support Services, potentially at higher costs. Those costs would likely need to be recouped through SMC Fire’s charges to member agencies, which would impact Foster City’s General Fund as well.

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

Attachment 1 – Resolution
Attachment 2 – Agreement

6.6 6.6 Staff Report

50 3
4 5
3 RESOLUTION NO.____________

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT IN THE AMOUNT OF $35,101 FOR

THE CITY OF FOSTER CITY IT DIVISION TO PROVIDE INFORMATION TECHNOLOGY SERVICES FOR FY 2025-2026, AND AUTHORIZING THE CITY

MANAGER TO SIGN EXTENSIONS OF THE AGREEMENT IN FUTURE YEARS WITHIN THE CITY MANAGER’S PURCHASING AUTHORITY

CITY OF FOSTER CITY
WHEREAS, San Mateo Consolidated Fire (SMC Fire) has the need of various IT services including support of their IT systems and IT Management functions; and WHEREAS, Foster City IT Division has the bandwidth to support SMC Fire for these functions; and
WHEREAS, this agreement will result in revenues of $35,101 to the IT Internal Services Fund that will help lower the reallocation chargebacks that the IT Division applies to the other City departments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the City Manager to execute an agreement with the San Mateo Consolidated Fire Department in the amount of $35,101 for the City of Foster City IT Division to provide Information Technology services for FY 2025-2026, and authorizing the City Manager to sign extensions of the agreement in future years within the City Manager’s Purchasing Authority.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 16th day of June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

51 3
4 5
4 AGREEMENT TO PROVIDE

INFORMATION TECHNOLOGY SERVICES
This Agreement is made and entered into as of the 16th day of June, 2025 by and between the San Mateo Consolidated Fire Department, hereinafter referred to as "CLIENT", and the City of Foster City, a Municipal Corporation, hereinafter referred to as "CITY ". CLIENT and CITY shall be referred to hereinafter as the “PARTIES.”

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

A. That CLIENT has the need to secure information technology services; and B. That CITY is experienced and qualified to perform the consulting services desired by the CLIENT and is willing to perform such services; and C. That CLIENT has elected to engage the services of CITY upon the terms and conditions as hereinafter set forth; and

AGREEMENT

1. Services. The services to be performed by CITY under this Agreement shall include those services set forth in Appendix 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 Appendix A is hereby made an obligation of CITY under this Agreement, subject to CLIENT’s obligations set forth in Appendix A. Any changes to the Agreement shall be made only upon the mutual written agreement of the Parties.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and continue for a period of twelve (12) months. At the end of each twelve (12) month period, the Agreement shall automatically renew for an additional twelve (12) month period, provided neither party terminates the Agreement as specified herein.
(b) Neither Party shall be authorized to terminate this Agreement within the first six (6) months after execution. Thereafter, either Party may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice.

In the event of such termination, CLIENT shall compensate CITY for out-of-scope services, as defined in Appendix A, rendered to the date of termination. If CLIENT terminates the Agreement, there shall be no refund of the yearly fees. Nothing herein contained shall be deemed a limitation upon the right of either party to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue hereunder.

6.6 Attachment 2 - Agreement

52 3
4 5
4 3. Compensation; Expenses; Payment. CITY shall provide information technology services to CLIENT pursuant to the following fee:

A. Annual Fee

1. Thirty Five Thousand One Hundred and One Dollars ($35,101) for System Administration, Maintenance and Support, as defined in Appendix A, for each subsequent year of contract renewal. The System Administration, Maintenance and Support Fee shall be due on July 1 of each year.

2. In all subsequent years, provided CLIENT does not terminate the Agreement, the yearly System Administration, Maintenance and Support Fee may be adjusted by the CITY. Any adjustment to the System Administration, Maintenance and Support Fee will take effect on July 1, and requires notice to CLIENT on or before June 1 of the year in which the adjustment will take effect.

B. CLIENT shall promptly review invoicing and notify CITY of any objection thereto in writing within ten (10) business days of receipt of the invoice, and absent such objection, the invoice shall be deemed proper and acceptable, and shall be due thirty (30) days after billing. Absent such objection, unpaid fees shall bear interest from the date due at the maximum rate then allowable by law.

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

5. Authorization. This Agreement becomes effective when endorsed by both Parties in the space provided below.

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

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

8. Defaults/Remedies. The occurrence of any one or more of the following events shall constitute a material default or breach of this Agreement by CLIENT:

6.6 Attachment 2 - Agreement

53 3
4 5
4 A. Failure by the CLIENT to make any payment of fees required under this Agreement where such failure shall continue for a period of fifteen (15) business days after written notice by CITY.

B. Violation of any of the terms of Content Agreements as listed in Appendix A to this Agreement.

In the event of a material default or breach by CLIENT, the CITY may, without limiting the CITY’s rights or remedies, terminate information technology services to CLIENT and all other services provided herein.

9. Indemnity. CLIENT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, negligence, intentional tortious act or omission, or willful misconduct of CLIENT, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.

CITY hereby agrees to defend, indemnify, and save harmless CLIENT, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CLIENT, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, negligence, intentional tortious act or omission, or willful misconduct of CITY, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.

10. Notice. All notices required by this Agreement shall be given to the CITY and CLIENT 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: IT Manager
CLIENT: San Mateo Consolidated Fire Department
2121 S. El Camino Real
Building B, Suite 100
San Mateo, CA 94403

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

12. Amendments. This Agreement may be amended or modified only by written agreement signed by both Parties.

6.6 Attachment 2 - Agreement

54 3
4 5
4 13. 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.

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

15. Mediation. Should any dispute arise out of this Agreement, the Parties shall first 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 at least once 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.

16. Entire Agreement. This Agreement, including its Appendix A and Appendix B, comprises the entire Agreement between the PARTIES.

6.6 Attachment 2 - Agreement

55 3
4 5
4 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
A Municipal Corporation
Dated: _______________ __________________________________________ Stefan Chatwin, City Manager
ATTEST:

Dated: _______________ __________________________________________ Priscilla Schaus, City Clerk
Approved as to Form:

Dated: _______________ __________________________________________ Benjamin Stock, City Attorney
CLIENT: San Mateo Consolidated Fire Department
Dated: __________________________________________________________ Matt Turturici, Fire Chief

6.6 Attachment 2 - Agreement

56 3
4 5
4 Appendix A

SUPPORT
CITY shall support CLIENT desktops, laptops, tablets, servers, network switches, internet circuits, SD-WAN equipment, telephones, printers, copiers, Office 365, Eden, and other business-related software.

SERVICES
CITY shall assist CLIENT in creation and/or maintenance of IT policies, IT budgeting, IT strategic planning, and IT procurement.

HOURS
CITY staff are available 8-5 Business Days, observing CITY holidays. For off hours work, CITY shall make best efforts to provide services.

SLA
For emergencies, CITY staff will call back and/or reply via email within 30 minutes. For non- emergencies, CITY staff will do its best to reply within 1 business day.

SERVER HOSTING
CITY shall provide hosting for 6 virtual servers (AlwaysOnScene and Telestaff) as well as rack space and power for CLIENT’s single hardware server.

NINJAONE RMM SOFTWARE
NinjaOne RMM Software is purchased by CITY for both CITY and CLIENT in order for administrators to use a single login to support both organizations. CLIENT reimburses CITY for their portion of the invoice.

DATA CIRCUIT USAGE
CLIENT will be provided access to a portion of the CITY’s data circuit that connects City Hall to the Corporation Yard in order to connect CLIENT’s Training classroom to their Administrative offices. Traffic shaping will cap usage at 50Mbps.

OUT OF SCOPE SERVICES
Any other services (such as larger projects, etc.) are out of the scope of this agreement and would need to be negotiated on a time and materials basis.

6.6 Attachment 2 - Agreement

57 3
4 5
4 Appendix B

PAYMENT SCHEDULES
In consideration for the full performance of the services set forth in Exhibit A, CLIENT agrees to pay CITY a fee in an amount of $ 35,101 annually. CITY will invoice CLIENT the annual fee amount on or about July 1. Payment will be due within 30 days of the invoice date.

6.6 Attachment 2 - Agreement

58 DATE: June 16, 2025

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: SMALL GOVERNMENT ENTERPRISE LICENSE AGREEMENT
WITH ESRI INC. FOR A 3-YEAR TERM IN AN AMOUNT NOT TO
EXCEED $126,600

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute a Small Government Enterprise License Agreement (ELA) with ESRI Inc. for a 3-year term in an amount not to exceed $126,600, reflecting annual payments of $42,200.

EXECUTIVE SUMMARY
Foster City has used ESRI ArcGIS Software for the City's GIS (Geographic Information Systems) since 2016. ESRI ArcGIS Software is the de facto standard for municipal GIS software, and it provides the City with a fully-featured and well-supported GIS system.

ESRI software is licensed as a 3-year term, and the current agreement is ending on July 29, 2025.

BACKGROUND
ESRI ArcGIS Software is the current industry leader for GIS software. Due to this large market share, other vendors will often develop their software to easily integrate with ESRI. For example, the City uses an Enterprise Asset Management System (OpenGov EAM/Cartegraph) to track the City‘s assets and the work that is performed

6.7 6.7 Staff Report

59 on those assets. OpenGov EAM is tightly integrated with ESRI and uses the asset metadata in ESRI to populate information for work orders.

The City has also taken advantage of a wide range of pre-written applications offered by ESRI (similar to an App Store concept). These applications address many required functions of a municipal GIS system, and this has allowed the City to avoid extensive custom development. ESRI releases updates and patches to ArcGIS regularly, and when vulnerabilities are discovered.

ANALYSIS
In 2016, the IT Division worked with the consulting firm Farallon Geographics to develop a GIS Strategic Plan and a GIS Roadmap document based on discussions with departmental GIS users. These documents helped to define the City’s needs and laid out options for how to achieve a successful transition to an ESRI-based GIS system.

One of the topics covered in the Roadmap document was the consultant’s recommendations for licensing of the GIS software. Their recommendation was to license ESRI ArcGIS software in the form of a Small Government ELA. In an excerpt from the Roadmap document:
“The ELA will provide a basis for the City to gain unencumbered access to ESRI software licenses in a manner that is relatively easy to pre-plan and budget for.” Other options for licensing were also analyzed, but the other options had limited access to the software, and a high upfront cost to purchase. The ELA is treated as a site license, allowing the City to use ESRI software as needed without requiring the addition of licenses as usage grows. Also, the annual subscription model makes the cost consistent year-to-year without a large initial investment.

The ELA also offers online training benefits as well as credits for usage of ArcGIS Online, which is a cloud service that we use for public viewing on the City’s website.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The ELA specifies a cost not to exceed $42,200 annually for a 3-year term. This is an increase from the current agreement’s annual cost of $38,000. Funding for the first year of the agreement (FY 2025-2026) is included in the IT Operating Budget – Account No. 504-0160-419-4246 (Maintenance).

6.7 6.7 Staff Report

60 Costs for the second and third years of the contract term will be included in the proposed IT annual budget in those subsequent years.

The ELA is only available for purchase directly from ESRI. A sole source letter is attached.

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

Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - ESRI Quotation
Attachment 4 - ESRI Sole Source Letter

6.7 6.7 Staff Report

61 3
4 4
9 RESOLUTION NO.

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

AUTHORIZING THE MAYOR TO EXECUTE A SMALL GOVERNMENT ENTERPRISE LICENSE AGREEMENT WITH ESRI INC. FOR A 3-YEAR TERM IN AN AMOUNT NOT TO EXCEED $126,600

CITY OF FOSTER CITY
WHEREAS, City has used ESRI ArcGIS software for Geographic Information System (GIS) functions since 2016; and
WHEREAS, GIS software supports the operations of the City; and WHEREAS, the subscription to the software is a sole source, as licensing can only be purchased from the manufacturer; and
WHEREAS, Staff recommends that the City enter a 3-year Small Government Enterprise License Agreement (ELA) with ESRI Inc. in an amount not to exceed $126,600, split into annual payments of $42,200; and
WHEREAS, sufficient funds are available in the Information Technology Operating Fund to cover the license of said software.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute a 3-year Small Government Enterprise License Agreement (ELA) with ESRI Inc. for the purchase of a license for Geographic Information System (GIS) software in an amount not to exceed $126,600 or $ 42,200 annually.

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 June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.7 Attachment 1 - Resolution

62 Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

Page 1 of 6 ends

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-2)

This Agreement is by and between the organization identified in the Quotation (“Customer”) and Environmental Systems Research Institute, Inc. (“Esri”).

This Agreement sets forth the terms for Customer’s use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products
Uncapped Quantities (annual subscription)
ArcGIS Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS
Network Analyst, ArcGIS Data Reviewer
ArcGIS Enterprise Additional Capability Servers
ArcGIS Image Server

ArcGIS Online User Types
ArcGIS Online Viewer User Type

ArcGIS Enterprise User Types
ArcGIS Enterprise Viewer User Type

Capped Quantities (annual subscription)
ArcGIS Online User Types ArcGIS Enterprise User Types
ArcGIS Online Contributor User Type 10 ArcGIS Enterprise Contributor User Type 10 ArcGIS Online Mobile Worker User Type 35 ArcGIS Enterprise Mobile Worker User Type 35 ArcGIS Online Creator User Type 35 ArcGIS Enterprise Creator User Type 35 ArcGIS Online Professional User Type 10 ArcGIS Enterprise Professional User Type 10 ArcGIS Online Professional Plus User Type 10 ArcGIS Enterprise Professional Plus User Type 10 ArcGIS Pro (Add-on Apps) for ArcGIS Online Creator or
Professional User Type
ArcGIS Pro (Add-on Apps) for ArcGIS Enterprise
Creator or Professional User Type
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
10 each
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
10 each
ArcGIS Online Apps and Other ArcGIS Enterprise Apps and Other ArcGIS Location Sharing for ArcGIS Online 10 ArcGIS Location Sharing for ArcGIS Enterprise 10 ArcGIS Online Service Credits 25,000 ArcGIS Advanced Editing User Type Extension for ArcGIS Enterprise 10

Other Benefits
Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement

6.7 Attachment 2 - Agreement

Page 2 of 6 ends

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement (“Ordering Document”). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER’S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri’s receipt of an Ordering Document, unless otherwise agreed to by the parties (“Effective Date”).

Term of Agreement: Three (3) years

This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

(Customer)

By:

Authorized Signature

Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION

Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

6.7 Attachment 2 - Agreement

Page 3 of 6 ends

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

“Case” means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

“Deploy”, “Deployed” and “Deployment” mean to
redistribute and install the Products and related
Authorization Codes within Customer’s
organization(s).

“Fee” means the fee set forth in the Quotation.

“Maintenance” means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.

“Master Agreement” means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.

“Product(s)” means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.

“Quotation” means the offer letter and quotation
provided separately to Customer.

“Technical Support” means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.

“Tier 1 Help Desk” means Customer’s point of
contact(s) to provide all Tier 1 Support within
Customer’s organization(s).

“Tier 1 Support” means the Technical Support
provided by the Tier 1 Help Desk.

“Tier 2 Support” means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer’s consultants or
contractors to use the Products exclusively for
Customer’s benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer’s benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

6.7 Attachment 2 - Agreement

Page 4 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body’s approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer’s use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE

The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri’s sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.

a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer’s authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.

b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

6.7 Attachment 2 - Agreement

Page 5 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY

This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer’s
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri’s OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners’ business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners’ application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment

a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.

b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer’s access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.

c. Esri’s federal ID number is 95-2775-732.

d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.

a. All orders pertaining to this Agreement will be
processed through Customer’s centralized point
of contact.

b. The following information will be included in
each Ordering Document:

(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

6.7 Attachment 2 - Agreement

Page 6 of 6 ends

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer’s acquisition of another entity; or (iii) a transfer or sale of all or part of Customer’s
organization (subsections i, ii, and iii, collectively
referred to as “Ownership Change”). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer’s organization, that
portion of Customer’s organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

6.7 Attachment 2 - Agreement

68 Quotation # Q-530987

Date: May 19, 2025
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 3407 Contract #

City of Foster City
610 Foster City Blvd
Foster City, CA 94404-2222

To expedite your order, please attach a copy of ATTENTION: Chris Dolberg this quotation to your purchase order. PHONE: 6502863211 Quote is valid from: 2/19/2025 To: 8/18/2025 EMAIL: [email protected]

Material Qty Term Unit Price Total
193205 1 Year 1 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription 193205 1 Year 2 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription 193205 1 Year 3 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $126,600.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $126,600.00

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Michael Arias
Email:
[email protected]
Phone:
(909) 793-2853
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

ARIASM This offer is limited to the terms and conditions incorporated and attached herein.

6.7 Attachment 3 - ESRI Quotation

69 Quotation # Q-530987

Date: May 19, 2025
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 3407 Contract #

City of Foster City
610 Foster City Blvd
Foster City, CA 94404-2222

To expedite your order, please attach a copy of ATTENTION: Chris Dolberg this quotation to your purchase order. PHONE: 6502863211 Quote is valid from: 2/19/2025 To: 8/18/2025 EMAIL: [email protected]

_________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.

If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.

In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.

BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.

Please check one of the following:

___ I agree to pay any applicable sales tax.

___ I am tax exempt, please contact me if exempt information is not currently on file with Esri.

___________________________________________ ________________________ Signature of Authorized Representative Date

___________________________________________
Name (Please Print)

___________________________________________
Title

_________________________________________________________________________________________________________________________________

The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).

Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

ARIASM This offer is limited to the terms and conditions incorporated and attached herein.

6.7 Attachment 3 - ESRI Quotation

70 SOLE SOURCE LETTER
Environmental Systems Research Institute, Inc. (Esri)
380 New York Street
Redlands, CA 92373

J-8933-SGE/JR May 27, 2025
Esri 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 • FAX 909-793-5953 • E-MAIL [email protected] • WEB www.esri.com

DATE: May 27, 2025

TO: City of Foster City

FROM: Jackie Ricks, Contracts Specialist I, Contracts and Legal Services Dept.

RE: Esri Sole Source Justification for Small Municipal and County Government Enterprise Agreement

This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). The Small Municipal and County Government EA is a bundled package of term limited software licenses and maintenance that includes the right to copy.

Subject to the disclosures set forth below, Esri is the only source that can grant a right to copy and deploy Enterprise Software within your organization (Enterprise). Also, domestically Esri is the only source of maintenance (updates and technical support) for all Esri® software.

Esri has authorized certain resellers to resell Small Local Government Cloud-Based Enterprise Agreements for populations of less than 15,000.

If you have further questions, please feel free to call our Contracts and Legal Services Department at 909-793-2853, extension 1990.

6.7 Attachment 4 - ESRI Sole Source Letter

71 9
4 0
DATE: June 16, 2025

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

FROM: Andrew Brozyna, Public Works Director
DEPARTMENT: Public Works
SUBJECT: CONTRACT AMENDMENT NO. 2 TO THE CONTRACT WITH
JULIO’S CLEANING AND MAINTENANCE SERVICES TO ADD
THE AREA OF THE 2ND FLOOR OF CITY HALL THAT WAS

PREVIOUSLY OCCUPIED BY THE SAN MATEO

CONSOLIDATED FIRE DEPARTMENT TO THE SCOPE OF
WORK

RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving Contract Amendment No. 2 (CA No. 2), effective July 1, 2025, to the vendor services agreement for janitorial services with Julio's Cleaning and Maintenance Services dated September 3, 2024, to add the 2nd floor area previously occupied by the Fire Administration of the San Mateo Consolidated Fire Department (SMC Fire) to the Scope of Work for an additional cost of $546 per month ($6,552 annual total) and authorize the Mayor to sign the amendment.

EXECUTIVE SUMMARY
On April 15, 2025, the Fire Administration unit vacated the 2nd floor of City Hall to consolidate staff at the SMC Fire offices in San Mateo. The City’s Administrative Services Department will occupy this space starting July 1, 2025. CA No. 2 is required to extend janitorial services to this area, increasing the monthly cost by $546 ($6,552 annually).

6.8 6.9 Staff Report

72 9
4 0

BACKGROUND/ANALYSIS
On September 3, 2024, the City Council approved a two-year vendor services agreement with Julio's Cleaning and Maintenance Services, effective October 1, 2024, through September 30, 2026, with three optional one-year extensions through 2029 (“Agreement”). The Agreement was executed on September 30, 2024.

On October 7, 2024, the City Council approved Contract Amendment No. 1 to the Agreement, which removed the Recreation Center from the janitorial scope of work and added services for the temporary modular Recreation facilities, reducing the annual contract total from $348,184 to $290,872.

Julio's Cleaning and Maintenance Services submitted pricing for janitorial services for the 3,400-square-foot 2nd-floor office at $546 per month. CA No. 2 (Attachment 2) includes cleaning services five days a week, raising the annual not-to-exceed amount from $290,872 to $297,424, effective July 1, 2025.

SMC Fire previously paid for janitorial services through their own contract with another vendor. Now that SMC Fire has vacated the 2nd floor, the City must incorporate this area into the scope of work for janitorial services for City facilities.

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

FISCAL IMPACT
CA No. 2 increases costs by $6,552 annually, bringing the total not-to-exceed amount to $297,424, effective July 1, 2025. Funding will be allocated in the FY 2025-26 budget from the Building Maintenance Fund (Fund 505).

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

Attachment 1 – Resolution
Attachment 2 – Contract Amendment No. 2

6.8 6.9 Staff Report

73 3
4 5
7 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING CONTRACT AMENDMENT NO. 2, EFFECTIVE JULY 1, 2025, TO THE VENDOR SERVICES AGREEMENT FOR JANITORIAL SERVICES WITH JULIO’S CLEANING AND MAINTENANCE SERVICES DATED SEPTEMBER 3, 2024, TO ADD THE 2 ND FLOOR AREA PREVIOUSLY OCCUPIED BY THE SAN MATEO

CONSOLIDATED FIRE DEPARTMENT TO THE SCOPE OF WORK FOR AN ADDITIONAL COST OF $546 PER MONTH ($6,552 ANNUAL TOTAL) AND

AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT

CITY OF FOSTER CITY
WHEREAS, at its meeting on September 3, 2024, the City Council approved a vendor services agreement with Julio's Cleaning and Maintenance Services to provide Citywide Janitorial services starting October 1, 2024 (“Agreement”); and WHEREAS, on October 7, 2024, the City Council subsequently approved Contract Amendment No. 1 amending the scope of work for the agreement to remove the cleaning of the permanent Recreation Center and add the cleaning of the temporary Recreation Center facilities, reducing the annual contract total from $348,184 to $290,872 for a monthly cost savings of $4,776; and
WHEREAS, on April 15, 2025, the Fire Administration unit vacated the 2nd floor of City Hall to consolidate staff at the San Mateo Consolidated Fire Department office in San Mateo and the Administrative Services Department will occupy this space starting July 1, 2025; and
WHEREAS, San Mateo Consolidated Fire Department previously paid for their own janitorial services for the 2nd floor Fire Administration area of City Hall; and WHEREAS, Julio's Cleaning and Maintenance Services has provided pricing for janitorial services to the 2nd floor of City Hall previously occupied by Fire Administration; and
WHEREAS, this action is not a project under Section 15378 of the CEQA Guidelines, as the approval of a contract for routine janitorial services has no potential for direct or indirect physical change in the environment.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foster City does hereby approve Contract Amendment No. 2 to the Agreement dated September 3, 2024, with Julio’s Cleaning and Maintenance Services to add the office space on the 2nd floor of City Hall previously occupied by Fire Administration to the Scope of Work for a monthly increase of $546 ($6,552 annual total) effective July 1, 2025.

6.8 Attachment 1 - Resolution

74 3
4 5
7 BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute Amendment No. 2, in a form approved by the City Attorney.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on June 16, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

STACY JIMENEZ, MAYOR
ATTEST:
______________________________________

PRISCILLA SCHAUS, CITY CLERK

6.8 Attachment 1 - Resolution

75 CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. TWO (2)
Date: June 16, 2025 Account No. 505-0550-419-4251
Project: Janitorial Service Agreement
To: Julio’s Cleaning and Maintenance Service
Change Requested By: City of Foster City and Julio’s Cleaning and Maintenance Service
Based on mutual agreement, Julio’s Cleaning and Maintenance Service and the City of Foster City agree to amend the Vendor Services Agreement dated September 3, 2024, (“Agreement”) pursuant to Section 4 of the Agreement to amend the Scope of Work identified in Exhibit A to add janitorial services relating to the 2nd floor facilities at City Hall and adjusting the compensation accordingly as described more fully below.

ORIGINAL CONTRACT AMOUNT not to exceed $348,184 annually AMENDED CONTRACT AMOUNT (NO. 1) not to exceed $290,872 annually Amended work at agreed prices:

Effective July 1, 2025, commence and perform cleaning services as described in Exhibit A of the Agreement, for the 2nd floor facilities at City Hall, as depicted in attachment A-1, at a cost of $546 per month ($6,552 annually).

NET AMOUNT OF CHANGE $6,552 annually
REVISED TOTAL CONTRACT AMOUNT not to exceed $297,424 annually Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

Julio’s Cleaning and Maintenance Service has given careful consideration to the work proposed and hereby agrees, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefor the prices shown above.
(Signatures next page)

6.8 Attachment 2 - Contract Amendment No. 2

76 IN WITNESS WHEREOF, the City of Foster City and have executed this Amendment Number One to the Agreement, which shall be effective as of July 1, 2025, regardless of when it is executed.

JULIO’S CLEANING AND MAINTENANCE SERVICE
___________________________________________

JULIO SANGALANG DATE
OWNER
APPROVAL RECOMMENDED: __________________________________________

ANDREW BROZYNA DATE

DIRECTOR OF PUBLIC WORKS
APPROVED FOR CITY: _ _

STACY JIMINEZ DATE
MAYOR
ATTEST:

BY: _______________________________

PRISCILLA SCHAUS

CITY CLERK
BY: _______________________________
BENJAMIN L. STOCK

CITY ATTORNEY

6.8 Attachment 2 - Contract Amendment No. 2

77 EXHIBIT A-1 (Diagram of the 2 nd floor City Hall area formerly occupied by Fire Administration)

6.8 Attachment 2 - Contract Amendment No. 2

78 DATE: June 16, 2025

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

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Justin Lai, Senior Civil Engineer
Amy Zhou, Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: TASK ORDER WITH WILSEY HAM, INC. FOR ON-CALL

PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT
OF $91,862 FOR THE CITY HALL REAR PARKING LOT
SECURITY GATES PROJECT (CIP 301-707)

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

1. The Mayor to execute Task Order WHM-2025-01 with Wilsey Ham, Inc. in the amount of $91,862 for professional engineering services for the City Hall Rear Parking Lot Security Gates Project CIP 301-707; and

2. The establishment of a contingency in the amount of $9,100 with authorization given to the City Manager or his designee, to execute Task Order amendments up to the contingency amount.

EXECUTIVE SUMMARY
CIP 301-707 consists of the design and construction of security gates to serve the parking lot behind the Police Station/Fire Station/City Hall. There are two access points to the rear parking lot with existing signage prohibiting public entry; however, cut- through vehicular and pedestrian traffic is possible and occurs occasionally. The installation of security gates at the access points will reduce risk to City personnel, vehicles, and property while maintaining access to authorized vehicles only. Task Order

6.9 6.10 Staff Report

79 WHM-2025-01 will provide the City with the technical assistance needed to prepare the construction contract documents and support the project through construction. The proposed fees in the amount of $91,862 have been reviewed by staff, negotiated and deemed appropriate based on the scope of services and expedited timeline of the project.

Funding in the amount of $500,000 is available in the project budget. The City Council action will allow staff to award the project with the anticipation of construction starting in February 2026. The schedule is accelerated to reflect the prioritization of this project due to security and safety concerns.

BACKGROUND
The rear parking lot of City Hall is utilized by the Foster City Police Department (PD), City Hall Fleet, San Mateo Consolidated (SMC) Fire, and City Staff and City Council authorized vehicles. Additionally, the lot is regularly accessed by Recology solid waste and recycling collection services and delivery services. Public access to the rear lot is prohibited, with signage posted at both access points. However, the existing signage is insufficient in deterring cut-through vehicular and pedestrian traffic. Although there have been no incidents in the rear parking lot to date, recent events in nearby jurisdictions have indicated that security measures are warranted and overdue. The installation of security gates at the lot access points through CIP 301-707 will provide physical barriers to unauthorized cut-through traffic that pose risk to City personnel, vehicles, and property.

On July 18, 2022, the City Council/EMID Board adopted City Resolution No. 2022-87 and EMID Resolution No. 3665 and approved a Master Services Agreement with Wilsey Ham, Inc. under which the City/District can access on-call land surveying, mapping, right of way engineering services and related services through the issuance of Task Orders. Wilsey Ham was selected through a competitive process, in accordance with the City’s purchasing policy. Wilsey Ham completed a police station gate project in Daly City in 2019 and is fully qualified to manage, design, and support CIP 301-707.

ANALYSIS
The installation of the security gates intends to mitigate theft potential, staff safety concerns, and security risk. Construction will need to be coordinated to avoid conflict with emergency vehicle response times. Additionally, the security gates will need to be designed to have controls that are compatible with the City’s existing security access system. The coordination and design constraints are acknowledged in the Wilsey Ham proposal, included in Attachment 2.

During the design phase, Wilsey Ham will coordinate with key stakeholders including the PD, Public Works, Information Technology, and SMC Fire, to ensure the project meets the needs of users of the rear parking lot. Additionally, Wilsey Ham will conduct product data research, collect site data including topographic survey and existing

6.9 6.10 Staff Report

80 electrical conditions, find qualified vendors for compatible access controls, and develop bid documents. Support throughout the bid, construction, and closeout periods of the project are also included in the task order.

The rear security gates project has been expedited due to recent events involving the safety of public personnel. The anticipated timeline for CIP 301-707 is indicated in the table below.

Preliminary Project Schedule
Research & Basis of Design Development June 2025 – July 2025 Plans, Specifications, and Estimate 60% August 2025 - September 2025 Plans, Specifications, and Estimate 90% September 2025 – October 2025 Plans, Specifications, and Estimate Final October 2025 – November 2025 Council Approval and Bid Period November 2025 – December 2025 Construction Begins February 2026
CEQA
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3).

FISCAL IMPACT
The proposed fee for the scope of work is $91,862. Additionally, a project contingency in the amount of $9,100 or approximately 10% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required. Current funding for CIP 301-707 consists of $500,000 from City CIP funds (Fund 301).

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

Attachment 1 – Resolution
Attachment 2 – Task Order WHM-2025-01

6.9 6.10 Staff Report

81 3
4 7
0 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE EXECUTION OF A TASK ORDER WITH WILSEY HAM, INC. FOR ON-CALL PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT OF $91,862 FOR THE CITY HALL REAR PARKING LOT SECURITY GATES PROJECT (CIP 301- 707; AND FINDING THE APPROVAL EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the rear parking lot of City Hall is utilized by the Foster City Police Department (PD), City Hall Fleet, San Mateo Consolidated (SMC) Fire, and City Staff and City Council authorized vehicles; and
WHEREAS, CIP 301-707 is intended to mitigate theft potential, address staff safety concerns, and reduce security risk through the installation of physical barriers at the rear lot access points; and
WHEREAS, on July 18, 2022, the City Council/EMID Board approved a Master Land Surveying and Engineering Services Agreement with Wilsey Ham under which the City can access on-call professional services by Task Order; and WHEREAS, Wilsey Ham will provide the City with the technical assistance needed to prepare the construction contract documents and offer bid, construction, and closeout support; and
WHEREAS, the project will be designed to be compatible with the City’s existing security access system and coordinated so as not to interfere with daily safety operations; and
WHEREAS, funding in the amount of $500,000 is available in the project budget.

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

2. The establishment of a contingency in the amount of $9,100 with authorization given to the City Manager or his designee, to execute Task Order amendments up to the contingency amount.

6.9 Attachment 1 - Resolution

82 3
4 7
0 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Task Order, with minor, non-substantive revisions that may be approved by the Mayor and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Task Order.

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 June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.9 Attachment 1 - Resolution

83 TASK ORDER NO. WHM-2025-01

TO MASTER LAND SURVEYING AND ENGINEERING SERVICES AGREEMENT FOR

PROFESSIONAL ENGINEERING SERVICES

This Task Order No. WHM-2025-01 ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Wilsey Ham, Inc. ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled Master Land Surveying and Engineering Services Agreement ("Agreement"), by which the Consultant agreed to perform professional land surveying, mapping, and right of way engineering services and related services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

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

2. SCOPE OF TASK ORDER. Consultant shall perform the services described in Exhibit "A”, attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $91,862 (including all hourly billings as well as reimbursable costs.

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

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

City of Foster City Consultant

_____________________________ _________________________ By: Stacy Jimenez By: Brandon Davis
Title: Mayor Title: President

Date: _________________________ Date: _____________________

6.9 Attachment 2 - Task Order WHM-2025-01

84 EXHIBIT A

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

PROFESSIONAL ON-CALL ENGINEERING SERVICES

This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated July 18, 2022, by and between Wilsey Ham, 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.

SEE ATTACHED.

6.9 Attachment 2 - Task Order WHM-2025-01

85 May 28, 2025
Amy Zhou
Assistant Engineer
City of Foster City Public Works
610 Foster City Boulevard
Foster City, CA 94404
Re: REVISED - Foster City PD Security Gate Project, CM Services Proposal Dear Amy,
On behalf of Wilsey Ham, I am pleased to submit this proposal to provide Design and Management Services for the Foster City Police Department Security Gate project. We look forward to assisting the City with this project.

Background
The City of Foster City has identified a project that consists of the installation of two separate security gates at the Foster City Police Department parking lot areas. These security gates will need to be designed to have controls that are compatible with their existing security access system. Installation will need to be carefully coordinated so as not to interfere with daily public safety operations. It is anticipated that Design Phase tasks will begin in June, with the design development and bid packages being ready for publication in order to complete the bid phase would be complete before the end of the year. For the purposes of this proposal, we have assumed a 26-week total for the design and bid phase. We assume a start date of 6/17 (week 25) and an end date of 12/15 (week 51). A Preliminary Schedule is attached. The City has indicated that the PS&E is to be developed into 3 submittal stages 60%, and 90%, and 100%(Final Submittal/Bid Set). Per the City’s request coordination/progress meetings with City staff will be conducted bi-weekly. The City would also like us to include tasks for the construction phase and the close out phase and an optional task for PG&E coordination.

Our Project Manager (PM), Bret Miller will be responsible for all interaction and coordination activities between the City, stakeholders and Contractor should the option for Wilsey Ham to provide construction task oversight be exercised by the City.

Based on the foregoing, we have divided the project into the following Base Scope of Services.

Base Scope of Services
Task 1 – Design Phase
The following work is included in this task:

1. Site visit & kickoff meeting with stakeholders.

2. Additional product data research. Collect data a lready available from the City.

3. Assist with establishing development of basis of design criteria

4. Research requirements, field exploration/collect site data. a. Record drawing review
b. Horizontal utility location.
c. Topographic survey, see attached sketch.
d. In field electrical investigation.

5. Find qualified vendors for compatible access con trols. Outreach to manufacturer for list of qualified and recommended vendors.

6. Develop bid documents.
a. Schematic Site Plan and Gate Detail Cut Sheet
b. Electrical plan and details
c. Specifications

EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

86 May 28, 2025
Amy Zhou

Page 2 ends

d. Engineer’s Estimate
e. Bi-weekly Design Phase meetings, prepare and att end (26 weeks – up to 13 meetings total)
f. Submittals 60%/90%/100% (3 total max)
g. QA/QC
h. Prepare and maintain milestone schedule.

7. Prepare Milestone schedule.

Deliverables:
• Kick off meeting agenda and minutes.
• Written summary of product data information gather ed. • A matrix (typically in excel) with basis of design criteria items, notations and input from City/stakeholders.
• Written summary of electrical requirements transmi tted to designer for inclusion in drawings.
• Detailed list of certified vendors for bid outreac h. • Plans, Specifications, and Estimate. Presented for review at 60%, 90%, and 100% (final/bid set) increments.
• Milestone schedule developed with Microsoft Projec t to include tasks and durations for each phase (Design, Bid, Construction and Post-Construction) which will fall within the City’s request for completion of Project by end of calendar year.

Task 2 – Bid Phase
The following work is included in this task:

1. Conduct pre-bid site meeting for potential bidde rs.

2. Evaluate bids, provide analysis and recommendati ons.

Deliverables:
• Pre-bid meeting agenda and sign-in documentation.
• Written summary of bid evaluation
Task 3 – Construction Phase
The following work is included in this task:

1. Facilitate pre-construction meeting with Contrac tor/City Stakeholders.

2. Review submittal/shop drawings and provide recom mendations. Includes up to eight (8) submittals.

3. Review site logistics plan prepared by Contracto r with City/stakeholders.

4. Set up electronic files for project documentatio n.

5. Facilitate project kick-off meeting on site with Contractor/City/stakeholders.

6. Monitor Contractor work product for plan and spe cification compliance, photo documentation. Six (6) site visits included.

7. Review/respond to RFI’s or field questions. Up t o ten (10) RFI’s included.

8. Review contractor change order requests and prov ide recommendations to City. Up to four (4) change orders.

9. Review/approve Contractor payment applications. Up to three (3) payment requests included.

10. Verify system performance with City/Stakeholders.

11. Perform punch list inspection; verify Contractor completion of all punch items.

Deliverables:
• Agenda and meeting minutes.
• Written review of all submittals and shop drawings .

EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

87 May 28, 2025
Amy Zhou

Page 3 ends

• Issue comments for site logistics plan to Contract or. • Transmit all project files to City via electronic link at completion of project. • Prepare agenda and transmit meeting minutes for pr ogress meetings. • Written response to RFI’s to Contractor. Update re cord drawings as appropriate. • Written response recommendations to City for chang e order requests by Contractor.

Includes up to four (4) change order requests.
• Verify percentage of construction complete and pro vide written recommendations to City for Contractor payment applications. Includes up to three (3) payment requests. • Agenda with performance tasks and sign off with ap plicable City/stakeholders. • Provide punch list to Contractor. Verify completio n of each item with signatures/dates.

Task 4 – Close Out Phase
The following work is included in this task:

1. Prepare record Drawings from Contractor’s Redlin es

2. Gather, review and transmit operation & maintena nce manuals.

3. Coordinate in-service demonstration and maintena nce with Contractor/City/stakeholders.

4. Provide recommendations for Project acceptance.

5. Assist City with project completion documents, i ncluding record drawings.

6. Transmit electronic project files via link, incl uding detailed Table of Contents.

Deliverables:
• Hard copies and electronic files of operation & ma intenance manuals. • Agenda and instructional materials and sign-off sh eet for in-service demonstration performed by Contractor for City/stakeholders.
• Completed Final Acceptance document for City recor d files. • Record drawings in CAD and/or pdf format transmitt ed electronically to City. • Table of Contents and link to download all project files.

Optional Services
Task A – PG&E Coordination
The Base Scope of services assumes that sufficient capacity for the gates installation exists at the site and that an additional service is not required. Therefore, PG&E coordination is not necessary and is not included in our base scope. This optional work will not proceed without prior authorization from the City. PG&E coordination is highly dependent upon the responsiveness and requirements of PG&E much of this work is outside of our control. We are including a budget of 12 hours to coordinate with PG&E for a new service application if it is ultimately needed and this optional task is selected. This is an estimated budget, if PG&E coordination efforts exceed the estimated budget additional fee will be required.

Assumptions

1. We have no information on the presence of hazard ous materials and for the scoping purposes of this proposal we assume that none exist at the site. Any activities related to hazardous materials are excluded from this proposal.

2. This proposal is based on the assumption that th e City has, and will provide, detailed and accurate record information for the existing improvements, building, and electrical systems.

3. We assume power can be obtained on-site, there i s available capacity to add the gates, and no new service is required. No PG&E coordination is included in our base scope of services. An allowance for PG&E coordination is included as an optional task.

EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

88 May 28, 2025
Amy Zhou

Page 4 ends

4. No lighting design is included.

5. Special Inspection and Testing is not anticipate d and is therefore excluded. If needed it will be provided by others outside of the scope of this proposal.

6. For the purpose of estimating the level of effor t, we have assumed the above number of meetings, design and product submittals, and RFIs based on similar project experience.

Excess RFIs and/or submittals may require an additional fee. The duration of each meeting is assumed to be a maximum of one hour plus preparation. If additional or longer meetings are requested, additional fees will be required.

7. We assume all permit fees, if required, will be paid by the City. Permit fees are excluded.

8. The scope of this proposal assumes a 6-month des ign and bid schedule. Schedule pauses or extensions may require additional scope and fee.

9. Only those tasks specifically described herein a re included in this proposal. Any other requested work will be performed on a time and materials basis in accordance with the attached fee schedule.

Fee and Schedule
Wilsey Ham's fee for the foregoing Base Scope of Services is estimated to be approximately $89,250 on a time and materials basis in accordance with the attached Charge Rate Fee Schedule. Optional Task is estimated to be an additional $2,612. If the base scope and optional scope tasks are selected, the total fee is estimated at $91,862. We will not exceed the authorized fee without your prior authorization.

Authorization
You may authorize Wilsey Ham to proceed in accordance with this proposal, our Master Agreement, and the attached Charge Rate Fee Schedule by returning a task order or written authorization. Work will commence with the City’s Notice to Proceed.

We appreciate the opportunity to assist the City with this project.

Very truly yours,

WILSEY HAM

Brandon Davis, P.E., QSD
President
Senior Principal Engineer
(650) 286-8428 (direct)
[email protected]

Attachments Fee Proposal, Charge Rate Fee Schedule, Survey Area Sketch, and Preliminary Schedule

EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

89 1 REIM- TOTAL TOTAL

SUB- BURSABLE WH TOTAL WH LABOR
TASK DESCRIPTION $277 HRS $213 HRS $174 HRS $319 HRS $100 HRS $188 HRS CONSULTAN TS EXPENSES LABOR $ ALL $ HOURS

1. Design Phase Tasks
1 Site visit & kickoff meeting with stakeholders 852 4 852 852 4 2 Additional product data research 852 4 852 852 4
3 Assist with establishing development of basis of design criteria 852 4 852 852 4 4 Research requirements/collect site data
a Record drawing review 277 1 852 4 696 4 1,825 1,825 9 b Horizontal utility location 277 1 213 1 2,760 490 3,250 2 c Topo survey 554 2 2,552 8 1,504 8 144 4,610 4,754 18
d In field electrical investigation 4,432 16 1,392 8 5,824 5,824 24 5 Find qualified vendors for compatible access controls 1,704 8 1,704 1,704 8 6 Develop bid documents
a Schematic Site Plan and Gate Detail Cut Sheets 2,216 8 4,176 24 75 6,392 6,467 32 b Electrical Plan 11,080 40 13,536 72 125 24,616 24,741 112 c Specifications 1,108 4 1,392 8 2,500 2,500 12
d Engineers Estimate 554 2 1,392 8 1,946 1,946 10
e Bi-weekly Design Phase meetings prep/attend (26 weeks-upto 13 mtgs) 5,538 26 125 5,538 5,663 26 f Submittals 60/90/100 (3 total max.) 277 1 639 3 1,044 6 1,960 1,960 10 g QA/QC 831 3 831 831 3
7 Milestone schedule 852 4 852 852 4
21,606 78 12,354 58 10,092 58 2,552 8 15,040 80 2,760 469 61,644 64,873 282

2. Bid Phase Tasks
1 Conduct pre-bid site meeting for potential bidders 852 4 852 852 4 2 Evaluate bids, provide analysis and recommendations 426 2 426 426 2 1,278 6 1,278 1,278 6

3. Construction Tasks
1 Facility pre-construction meeting with Contractor/City/Stakeholders 852 4 852 852 4 2 Review submittal/shop drawings and provide recommendations (up to 8) 554 2 852 4 2,088 12 3,494 3,494 18 3 Review site logistics plan prepared by Contractor with City 852 4 852 852 4 4 Set up electronic files for project documentation 426 2 400 4 826 826 6 5 Facilitate project kick-off meeting on site 426 2 426 426 2 6 Monitor contractor work product for QC compliance; photo documentation (includes 6 site visits) 5,112 24 75 5,112 5,187 24
7 Review /respond to RFI's or field questions 1,108 4 852 4 2,088 12 4,048 4,048 20 8 Review contractor change order requests (if applicable); provide recommendations 852 4 852 852 4 9 Review/approve contractor payment requests 426 2 426 426 2 10 Verify system performance with City/Stakeholders 852 4 852 852 4 11 Coordinate punch list review; verify items completed by contractor 852 4 852 852 4 1,662 6 12,354 58 4,176 24 400 4 75 18,592 18,667 92

4. Close Out Tasks
1 Record Drawings 554 2 696 4 1,250 1,250 6
2 Gather, review and transmit operation & maintenance manuals 852 4 852 852 4 3 Coordinate in-service demonstration and maintenance with contractor/City 852 4 852 852 4 4 Provide recommendation for Project acceptance 426 2 426 426 2 5 Assist City with project completion documents including Record Drawings 426 2 426 426 2 6 Transmit electronic project files via link; including detailed Table of Contents 426 2 200 2 626 626 4 554 2 2,982 14 696 4 200 2 4,432 4,432 22
23,822 86 28,968 136 14,964 86 2,552 8 600 6 15,040 80 2,760 544 85,946 89,250 402 5/28/2025

SUPERVISING

ENG/SURV
JUNIOR
ENGR
2-Person
Survey Crew COORD CM

DSGNR/SRVR

TOTAL BASE SCOPE OF SERVICES
Base Scope of Services
SENIOR
PM/CM

SR PROJ

TECH II
Foster City
Foster City Police Department Security Gates Project
Subtotal
Subtotal
Subtotal
REVISED Fee Proposal
Subtotal

EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

90 1 REIM- TOTAL TOTAL

SUB- BURSABLE WH TOTAL WH LABOR
TASK DESCRIPTION $277 HRS $213 HRS $174 HRS $319 HRS $100 HRS $188 HRS CONSULTAN TS EXPENSES LABOR $ ALL $ HOURS 5/28/2025

SUPERVISING

ENG/SURV
JUNIOR
ENGR
2-Person
Survey Crew COORD CM

DSGNR/SRVR SENIOR
PM/CM

SR PROJ

TECH II
Foster City
Foster City Police Department Security Gates Project
REVISED Fee Proposal
A. PG&E Coordination Allowance (OPTIONAL)
1 PG&E Coordination Allowance 1,108 4 1,504 8 2,612 2,612 12 1,108 4 1,504 8 2,612 2,612 12
Table: 20415
Notes: 1. The amounts may vary between tasks and individuals but the Grand Total amount will not be exceeded without approval of the Client.

2. Total All$ includes subconsultants and reimbursable costs.

3. Hourly rates effective through December 31, 2025 and subject to revision annually thereafter.

4. All positions may not be shown. If a position is not shown the attached Charge Rate Fee Schedule will govern.

Subtotal
OPTIONAL Scope of Services

EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

Page 1 ends

City of Foster City
G
Consultant Fee Schedule and
Reimbursable Expenses
Wilsey Ham 2024 Charge Rate Fee Schedule
The compensation of Wilsey Ham for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below:

Personnel Services Hourly Rates
Principal Construction/Project Manager $239
Senior Project Manager CM $213
Project Manager CM $198
Senior Construction Manager $213
Construction Manager $187
Senior Project Engineer CM $151
Project Engineer CM $130
Project Coordinator CM $100
Principal Engineer/Surveyor/Prgm. Mgr $309
Supervising Engineer/Surveyor/Prgm. Mgr. $277
Managing Engineer/Surveyor $264
Senior Engineer/Surveyor $248
Engineer III/Surveyor III $236
Engineer II/Surveyor II $221
Engineer I /Surveyor I $209
Senior Designer $194
Assistant Engineer/Surveyor $188
Designer II/Survey Technician II $188
Designer I/Survey Technician I $174
Junior Engineer/Surveyor $174
CAD Operator/Drafter II $157
Designer/Survey Technician/Drafter $143
Administrative Assistant/Project Coordinator $100
2 Person Survey Crew $319
Reproduction Clerk, File Clerk, Data Entry $90
Effective through December 31, 2024, and subject to revision annually thereafter.

Annual escalation rate of 3% or CPI for SF Bay Area whichever is more.  Reimbursable Expenses:
a. Travel and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a markup charge of 15% .
b. Sixty-five cents ($0.65) per mile, or the current rate allowable set by the Internal Revenue Service for use of company passenger vehicles, and eighteen dollars ($18.00) per hour for use of vehicles carrying field survey equipment and supplies or used for field inspection and supervision.
c. The cost of materials, supplies, reproduction, a gency filing fees, communication expense or other services, plus a markup charge of 15%.
d. Invoice cost of services and expenses charged to Wilsey Ham by outside consultants, professional or technical firms engaged in connection with the project, plus a handling charge of 15%.

EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

92 FOSTER CITY
POLICE

DEPARTMENT

SMC FIRE

CITY HALL
E. HILLSDALE BLVD.

CIVIC CENTER LN

EXISTING FENCE

PROPOSED NEW SECURITY GATE

PROPOSED NEW

SECURITY GATE
Survey Limit

EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

93 ID Task
Mode
Task Name Duration Start Finish Predecessors
1 DESIGN PHASE 108 days Tue 6/17/25 Mon 11/17/25
2 NTP 0 days Tue 6/17/25 Tue 6/17/25
3 Kickoff Meeting 1 day Tue 6/17/25 Tue 6/17/25 2
4 Data Research 3 days Wed 6/18/25 Fri 6/20/25 3
5 Review Record Drawings 3 days Wed 6/18/25 Fri 6/20/25 3 6 Topographic Survey 5 days Mon 6/23/25 Fri 6/27/25 5
7 Vendor Outreach 5 days Tue 7/1/25 Tue 7/8/25 6FS+1 day 8 Basis of Design Development 5 days Wed 7/9/25 Tue 7/15/25 7 9 City Review 10 days Wed 7/16/25 Tue 7/29/25 8
10 Finalize BOD 2 days Wed 7/30/25 Thu 7/31/25 9
11 Develop Bid Documents 61 days Fri 8/1/25 Mon 10/27/25 12 Schematic Site Plan/Gate Detail Cut Sheets 15 days Fri 8/1/25 Thu 8/21/25 10 13 Electrical Plan 10 days Fri 8/8/25 Thu 8/21/25 12SS+5 days 14 Specifications 3 days Fri 8/22/25 Tue 8/26/25 13
15 Engineer's Estimate 2 days Wed 8/27/25 Thu 8/28/25 14 16 Submittal 60% 1 day Fri 8/29/25 Fri 8/29/25 15
17 City Review & Comments 10 days Tue 9/2/25 Mon 9/15/25 16 18 Submittal 90% 15 days Tue 9/16/25 Mon 10/6/25 17
19 City Review & Comments 10 days Tue 10/7/25 Mon 10/20/25 18 20 Submittal Documents 100% 5 days Tue 10/21/25 Mon 10/27/25 19 21 Develop Milestone Schedule 5 days Tue 10/21/25 Mon 10/27/25 19 22 Plan Check/Permit 15 days Tue 10/28/25 Mon 11/17/25 20 23 BID PHASE 19 days Tue 11/18/25 Mon 12/15/25
24 Bid Period 15 days Tue 11/18/25 Tue 12/9/25 22
25 Bids Due 1 day Wed 12/10/25 Wed 12/10/25 24
26 Bid evaluation 2 days Thu 12/11/25 Fri 12/12/25 25
27 Award 0 days Mon 12/15/25 Mon 12/15/25 26FS+1 day
6/17
6/17 Kickoff Meeting
6/18 Data Research
6/18 Review Record Drawings
6/23 Topographic Survey
7/1 Vendor Outreach
7/9 Basis of Design Development
7/16 City Review
7/30 Finalize BOD
8/1 Schematic Site Plan/Gate Detail Cut Sheets
8/8 Electrical Plan
8/22 Specifications
8/27 Engineer's Estimate
8/29 Submittal 60%
9/2 City Review & Comments
9/16 Submittal 90%
10/7 City Review & Comments
10/21 Submittal Documents 100%
10/21 Develop Milestone Schedule
10/28 Plan Check/Permit
11/18 Bid Period
12/10 Bids Due
12/11 Bid evaluation
12/15

E B M E B M E B M E B M E B M E B M E B M E B M
June July August September October November December January Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

Page 1 ends

Project: Foster City PD Security
Date: Wed 5/28/25
Preliminary
05/28/2025 3:44:56 PM

EXHIBIT A

END EXHIBIT A

6.9 Attachment 2 - Task Order WHM-2025-01

94 9
2 6
DATE: June 16, 2025

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

FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: Administrative Services
SUBJECT: THREE-YEAR CONTRACT TO LWP CLAIMS SOLUTIONS, INC.

IN THE AMOUNT OF $260,000 FOR WORKERS

COMPENSATION THIRD PARTY ADMINISTRATION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving a three-year professional services agreement with LWP Claims Solutions, Inc. to provide Workers Compensation Third Party Administration in an amount not to exceed $260,000 and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
The City’s current Workers’ Compensation claim administration is handled by Cities Group Joint Powers Authority (Cities Group). City Council provided staff direction to withdraw from the Cities Group and request proposals for a third-party administrator.

Staff evaluated all proposals and recommends a three-year agreement with LWP Claims Solutions, Inc. (LWP) for an amount not to exceed $260,000.

BACKGROUND/ANALYSIS
Foster City joined Cities Group in 1978 to provide third party administration for workers’ compensation claims. After a year of reviewing the administration of Workers’ Compensation claims for Foster City, it was recommended that Foster City withdraw from the Cities Group and hire an independent third-party administrator. The new administrator will ensure that Human Resources staff are involved in the employee

6.10 6.8 Staff Report

95 9
2 6
claims processing, that claims are approved or denied in a timely manner, employees receive medical care and treatment so that they can return to work, and that any claim litigation or settlements are handled by the City. Any settlements over $50,000 will be brought to the City Council for approval.

Staff provided Cities Group a withdrawal notice on November 14, 2024. On January 6, 2025, the City Council approved a request for proposal (RFP) for Workers Compensation Third-Party Administrator. The RFP asked for respondents to provide a cost proposal for new claims only and a cost proposal assuming all existing claims are transitioning to third-party administrator. Seven (7) proposals were submitted and all seven (7) firms were interviewed by an evaluation committee including the Administrative Services Director, Human Resources Manager, Human Resources Analyst and an expert consultant with over 35 years of experience in Workers Compensation administration. Staff recommends approving a contract with LWP based on their response and approach to workers compensation claims management. LWP was determined to be the most qualified and responsive third-party administrator. LWP charges an annual fee for their comprehensive workers compensation claims management services. The attached cost proposal outlines the annual fee for a three- year period and other potential costs.

Based on the submitted proposal and interview, staff is recommending awarding the services contract to LWP.

The Cities Group Board has held regular meetings to discuss Foster City’s withdrawal and the impact to Cities Group. According to the Cities Group by-laws, the withdrawal will become effective July 1, 2025. In addition, staff petitioned the Cities Group Board to let Foster City transition any existing workers compensation claims to the new third- party administrator. On June 10, 2025, the Cities Group Board approved a resolution that will transition all existing Foster City claims to the new third-party administrator.

California Environmental Quality Act
The approval of the award of contract to LWP 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
Transitioning workers compensation administration to a new third-party administrator will result in cost savings when compared to prior years with Cities Group. The total amount for the three-year contract is $260,000. The proposed FY 2025-26 budget

6.10 6.8 Staff Report

96 9
2 6
includes funds for professional services ($120,000 for FY 25-26) in anticipation of this contract being approved. No additional appropriation is needed at this time.

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

Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – LWP Claims Solutions, Inc. Response to Request for Proposal Attachment 4 – LWP Claims Solutions, Inc. Cost Proposal

6.10 6.8 Staff Report

97 3
3 7
6 RESOLUTION NO.

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

APPROVING A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH LWP CLAIMS SOLUTIONS, INC. TO PROVIDE WORKERS COMPENSATION THIRD- PARTY ADMINISTRATION IN AN AMOUNT NOT TO EXCEED $260,000 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

CITY OF FOSTER CITY
WHEREAS, the City’s workers compensation claims are currently administered by Cities Group Joint Power Authority; and
WHEREAS, on November 14, 2024 staff notified Cities Group of Foster City’s intent to withdrawal effective July 1, 2025; and
WHEREAS, a Request for Proposals for a workers’ compensation third-party administrator was approved by City Council on January 6, 2025; and WHEREAS, after interviewing all respondents, LWP Claims Solutions, Inc. was selected by the evaluation committee as the most qualified and responsive proposal; and WHEREAS, LWP Claims Solutions, Inc. provided a cost proposal for administering new claims and a cost proposal for administering all existing claims if the Cities Group Board approves staff’s request to transition existing claims to selected third party administrator; and
WHEREAS, on June 10, 2025 the Cities Group Board of Directors approved a resolution to transition existing Foster City claims to the new third-party administrator; and WHEREAS, the proposed FY 2025-26 budget includes funds for professional services in anticipation of this contract being approved and no additional appropriation is required.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve a three-year professional services agreement with LWP Claims Solutions, Inc. to provide Workers Compensation Third-Party Administration in an amount not to exceed $260,000.

BE IT FURTHER RESOLVED, the City Manager is hereby authorized to execute the agreement, with minor amendments which may be approved by the City Attorney.

6.10 Attachment 1 - Resolution

98 3
3 7
6 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 June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.10 Attachment 1 - Resolution

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PROFESSIONAL SERVICES AGREEMENT
FOR

WORKERS COMPENSATION THIRD PARTY ADMINISTRATION
This Agreement is made and entered into as of the 1 day of July, 2025 by and between the City of Foster City hereinafter called "CITY" and LWP Claims Solutions 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 upon the date hereinabove written and shall expire three years after commencement (July 1, 2028) (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

6.10 Attachment 2 - Agreement

100

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

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s attached cost proposal billed monthly based on proposed annual cost. Rates for which services hereunder shall be performed are set forth in CONSULTANT’s cost proposal marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of two hundred sixty thousand ($260,000) over the three-year contract.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

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.

6.10 Attachment 2 - Agreement

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

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

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

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

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

6.10 Attachment 2 - Agreement

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

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

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

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

10. Schedule. CONSULTANT shall adhere to the 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. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of

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

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

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

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

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

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

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

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

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

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Diane Pitman
CONSULTANT: LWP Claims Solutions, Inc.
35 Miller Ave. #214
Mill Valley, CA 94941
Attn: Judy Adlam
[email protected]

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

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

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

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

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

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

22. Liability of CITY.

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

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

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

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

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

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear

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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”).

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Stefan Chatwin, City Manager
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Judy Adlam
President & CEO
LWP Claims Solutions, Inc.

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EXHIBIT A

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

DELIVERABLES FOR

WORKERS COMPENSATION THIRD PARTY ADMINISTRATION

SEE ATTACHED PROPOSAL/SCOPE OF WORK

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE
See attached Cost Proposal for services

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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 July 1, 2025, by and between LWP Claims Solutions 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) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

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

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

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

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

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.

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

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

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

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

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

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this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies.

Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

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

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

Professional Liability:

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

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)

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ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and LWP Claims Solutions Inc., (“Consultant”) dated July 1, 2025.

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

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

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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LWP Claims Solutions, Inc
Delivering
What We Promise
Workers’ Compensation Claims Management
City of Foster City
Response to Request for Proposal
Judy Adlam
President and CEO
April 10, 2025
[email protected] | 35 Miller Ave #214 Mill Valley, CA 94941 | 415-384-0370

6.10 Attachment 3 - LWP Claims Solutions, Inc. Response to Request for Proposal

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Response to RFP – City of Foster City
City of Foster City April 10,2025
Submitted via email to [email protected]
Re: City of Foster City Request for Proposal Workers’ Compensation Third Party Administrator Thank you for the opportunity to propose Workers’ Compensation claims services for the City of Foster City’s Workers’ Compensation program. We are very interested in the opportunity to control your claims costs while properly supporting your employees. Our extensive experience supporting cities who both newly join pools as well as those who leave pools gives us a depth of understanding of the changes you will experience. We believe that this perspective coupled with our focus on sound best practices and our track record for building very productive relationships makes us uniquely qualified to support your needs.

In business for 34 years, LWP is a results-oriented Third Party Claims Administrator with extensive experience in self-insured administration. The Company is properly licensed and in good standing with the State of California.

We have a proven track record for delivering measurable improvements in our clients’ results that are often quite dramatic. The City can expect those improvements to begin during our claims intake process and to continue indefinitely. A few examples of results we have delivered to our clients have included:

Municipal Pool Client- A new client to us in 2013, they had 374 open indemnity claims at time of transfer from their prior TPA. The client was hoping to see this reduced below 350, with a reduction in outstanding loss reserves, as well. At the same time, there were service challenges they hoped to resolve. At the end of 2014, LWP had successfully reduced the open claim inventory to 302 claims (far lower than the client thought was possible) and had reduced the outstanding claim reserves by more than $1.5 million. At the end of 2019, their open inventory was 292 with outstanding claim reserves down another $1 million. Current outstanding reserves are now more than $3Mil lower than upon takeover.

Municipal Pool Client- New to LWP in 2016. We have assisted that pool in reducing their claims costs while streamlining services for their members. We have assisted them in sales presentations that resulted in adding new members. Upon their merger with another pool, they conducted a 1 year evaluation of their two TPAs and ultimately decided to move the merged members to LWP, based on their evaluation of our claims and expense management and service feedback.

Self-Insured Client- Upon transfer of claims from the prior TPA, LWP recognized that there had been lapses in attention to Excess reimbursement requests. LWP wrote a simple letter to the excess carrier that resulted in $800,000 in recoveries of past-due excess reimbursements.

Municipality Client – New to LWP in early 2015, within 7 months, total outstanding pending claim volume had been reduced by 16%, with corresponding reductions in outstanding reserves. Additionally, several future medical claims had very significant course corrections, resulting in very substantial reductions in medical and

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Foster City City CouncilJune 16, 2025

Foster City City Council
June 16, 2025