Agenda packet — Foster City City Council, November 3, 2025 (part 1 of 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:

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, November 03, 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. Presentation of Certificates to the 2025 Civics Academy Class

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 Regular Meeting Minutes of October 20, 2025

6.2. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Settle Workers Compensation Claims Under $50,000 Not Including Statutory Required Payments
a) Staff Report
b) Adopt Resolution

6.3. a) A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Daryl D. Jones, Inc., Dba Telecommunications Engineering Associates to Purchase Hardware and Installation Services to Move Dispatching Equipment to the Police Conference Room While the Dispatch Center is Remodeled in an Amount Not to Exceed $21,568.75;
b) A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Xybix Systems Inc. To Purchase Furniture and Installation Labor for the Dispatch Center Remodel in an Amount Not to Exceed $105,083.68; and
c) A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Daryl D. Jones, Inc., Dba Telecommunications Engineering Associates to Purchase Hardware and Installation Services for a Police Radio System Upgrade in an Amount Not to Exceed $396,002.00
d) Staff Report
e) Adopt Resolutions

6.4. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 3 to the Existing Agreement With 4LEAF, Inc. (4LEAF) for Professional OnCall Building Services, to Extend the Term of the Agreement to June 30, 2027 and Increase the Amount of Compensation by $500,000 for a Total Agreement Amount Not to Exceed $825,000; Approving a Supplemental Appropriation of $250,000 for Building Division Professional Services (Account No. 00108204244251) From the General Fund Reserves, and Finding the Request Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(B)(3)
a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments Repealing the 2009 Parks and Open Space Element and Amending the General Plan by Adopting the 2025 Parks and Open Space Element and Repealing the 2003 Conservation Element and Amending the General Plan by Adopting the 2025 Conservation Element
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – Adopt A Resolution of the City Council of the City of Foster City Repealing the 2009 Parks and Open Space Element and Amending the General Plan by Adopting the 2025 Parks and Open Space Element and Finding That the Adoption of the Element is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(B) (3)
f) Action – Adopt A Resolution of City Council of the City of Foster City Repealing the 2003 Conservation Element and Amending the General Plan by Adopting the 2025 Conservation Element and Finding That the Adoption of the Element is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(B)(3)

7.2. A Public Hearing to Hear and Consider Repealing and Replacing Chapter

10.24 (Regarding Speed Limits in the City of Foster City) to Add Definitions, Reduce Prima Facie Speed Limits and Establish 15 Mph Speed Limits on Certain Streets Near Schools, and Other Administrative Changes; and Authorizing a Signage Plan for School Speed Limit Zones a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City Council of the City of Foster City Repealing and Replacing Chapter 10.24 (Regarding Speed Limits in the City of Foster City) to Add Definitions, Reduce Prima Facie Speed Limits and Establish 15 Mph Speed Limits on Certain Streets Near Schools, and Other Administrative Changes; and Finding Ordinance Exempt From Review Pursuant to the California Environmental Quality Act Pursuant to Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action – Adopt A Resolution of the City Council of the City of Foster City Authorizing a Signage Plan for School Speed Limit Zones and Finding Action Exempt From Review Pursuant to the California Environmental Quality Act Pursuant to Section 15061(B)(3)

8. REPORTS

8.1. 4th Quarter Fiscal Year 202425 Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. Consideration of Building Code Updates
A) Staff Report
b) Action An Ordinance Amending Section 1.01.010, “AdoptionSecondary Codes Adopted,” of Chapter 1.01, “Code Adoption,” within Title 1 of the Foster City Municipal Code Adopting by Reference Certain Parts, Including Related Appendices, as Identified in the 2025 California Building Code, 2025 Residential Code, 2025 California Mechanical Code, 2025 California Plumbing Code, 2025 California Electrical Code, 2025 California Fire Code, 2025 California Energy Code, 2025 California Green Building Standards Code, 2025 California Existing Building Code and the 2025 WildlandUrban Interface Code within Title 24 of the California Code of Regulations; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3) i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
c) Action An Ordinance of the City of Foster City Repealing and Replacing Chapters 15.02, “Building Code”; 15.04, “Residential Code”; 15.06, “Existing Building Code”; 15.08, “Mechanical Code; 15.16, “Plumbing Code”; 15.20, “Electrical Code”; 15.24, “Fire Code”, 15.46 “Electric Vehicle Charging Stations” within Title 15, “Buildings and Construction” of the Foster City Municipal Code and Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, 2025 California Fire Code, 2025 California Existing Building Code With Appendices within Title 24 of the California Code of Regulations and Making Certain Amendments Thereto, Including the Addition of Various Penalties; and Delegating Enforcement Authority for the California Fire Code to the San Mateo Consolidated Fire Department, and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
d) Action – Setting the Required Public Hearing for November 17, 2025

10. RESOLUTIONS FOR ADOPTION

10.1. Consideration of Adding New Job Description of Principal Accountant, Authorizing a Supplemental Appropriation to Upgrade an Existing Budgeted Position of Senior Accountant to Principal Accountant, And Approve and Adopt the Amended Pay Plan for Fiscal Year 20252026
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Adding the New Job Description of Principal Accountant; Authorizing the Upgrade of an Existing Senior Accountant Position and a Supplemental Appropriation of $18,600 to Fund the Upgrade and Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Adding the New Job Description of Principal Accountant; Authorizing the Upgrade of an Existing Senior Accountant Position and a Supplemental Appropriation of $18,600 to Fund the Upgrade and Approving and Adopting the Amended Pay Plan for Fiscal Year 2025 2026

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on October 15, 2025
a) Information Item Only
b) No Action Required

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

13. CLOSED SESSION

13.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Juan Higareda, Workers’ Compensation Appeals Board Case No.

ADJ18486543

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

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

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

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

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/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, November 03, 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. Presentation of Certificates to the 2025 Civics Academy Class

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 Regular Meeting Minutes of October 20, 2025

7. PUBLIC HEARINGS

7.2. A Public Hearing to Hear and Consider Repealing and Replacing Chapter

8. REPORTS

8.1. 4th Quarter Fiscal Year 202425 Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on October 15, 2025
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Juan Higareda, Workers’ Compensation Appeals Board Case No.

ADJ18486543

13.2. Report Out from Closed Session

14. 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, November 03, 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. Presentation of Certificates to the 2025 Civics Academy Class

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 Regular Meeting Minutes of October 20, 2025

7. PUBLIC HEARINGS

7.2. A Public Hearing to Hear and Consider Repealing and Replacing Chapter

8. REPORTS

8.1. 4th Quarter Fiscal Year 202425 Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on October 15, 2025
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Juan Higareda, Workers’ Compensation Appeals Board Case No.

ADJ18486543

13.2. Report Out from Closed Session

14. 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, November 03, 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. Presentation of Certificates to the 2025 Civics Academy Class

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 Regular Meeting Minutes of October 20, 2025

7. PUBLIC HEARINGS

7.2. A Public Hearing to Hear and Consider Repealing and Replacing Chapter

8. REPORTS

8.1. 4th Quarter Fiscal Year 202425 Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on October 15, 2025
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Juan Higareda, Workers’ Compensation Appeals Board Case No.

ADJ18486543

13.2. Report Out from Closed Session

14. 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, November 03, 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. Presentation of Certificates to the 2025 Civics Academy Class

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 Regular Meeting Minutes of October 20, 2025

7. PUBLIC HEARINGS

7.2. A Public Hearing to Hear and Consider Repealing and Replacing Chapter

8. REPORTS

8.1. 4th Quarter Fiscal Year 202425 Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on October 15, 2025
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Juan Higareda, Workers’ Compensation Appeals Board Case No.

ADJ18486543

13.2. Report Out from Closed Session

14. 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, November 03, 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. Presentation of Certificates to the 2025 Civics Academy Class

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 Regular Meeting Minutes of October 20, 2025

7. PUBLIC HEARINGS

7.2. A Public Hearing to Hear and Consider Repealing and Replacing Chapter

8. REPORTS

8.1. 4th Quarter Fiscal Year 202425 Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on October 15, 2025
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Juan Higareda, Workers’ Compensation Appeals Board Case No.

ADJ18486543

13.2. Report Out from Closed Session

14. 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, November 03, 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. Presentation of Certificates to the 2025 Civics Academy Class

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 Regular Meeting Minutes of October 20, 2025

7. PUBLIC HEARINGS

7.2. A Public Hearing to Hear and Consider Repealing and Replacing Chapter

8. REPORTS

8.1. 4th Quarter Fiscal Year 202425 Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on October 15, 2025
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Juan Higareda, Workers’ Compensation Appeals Board Case No.

ADJ18486543

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

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

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

7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 20, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 20, 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; Diane Pitman, Administrative Services Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Cory Call, Police Chief; Rob Lasky, IT Manager; Frank Fanara, Parks Manager; Laura Galli, Engineering Manager; Yelena Cappello, Principal Management Analyst; Nori Jabba, Housing and Sustainability Manager; Katherine Estrada, Deputy City Clerk; Shuli Chen, Video Technician; Ryan Michelsen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PRESENTATION FROM SAN MATEO COUNTY LIBRARIES ON FISCAL YEAR 2024- 2025 ANNUAL REPORT.

Stephanie Saba, Foster City Library Branch Manager, from the San Mateo County Library presented the San Mateo County Libraries Fiscal Year 2024-2025 Annual Report.

CONSENT CALENDAR

6.1 6.1 Minutes

8 Motion by Vice Mayor/Vice President Kiesel, seconded by Councilmember/Director Niederhofer, 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 October 6, 2025;

2. City Resolution No. 2025-81, “A Resolution of the City Council of the City of Foster City Approving an Agreement with a Plus Tree, Inc. For Routine Park Tree Maintenance Services: $50,000 FY 2025-26, $51,500 FY 2026-27, $53,045 FY 2027-28, with Two Optional One-Year Extensions Through June 30, 2030; Authorizing the City Manager to Execute the Agreement; and Finding the Approval of the Agreement Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) and Section 15304 (Class 4);”

3. City Resolution No. 2025-82, “A Resolution of the City Council of the City of Foster City Accepting the Work by MCK Services, Inc. For CIP 301-722 Street Rehabilitation (2024-2025) and Directing the City Clerk to File the Notice of Completion (CEQA Status: Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities);”

4. City Resolution No. 2025-83, “A Resolution of the City Council of the City of Foster City Approving Amendment 1 to the Task Order with Consor PMCM, Inc. (Consor) for Construction Management and Inspections Services for the Fuel Systems Improvements Project (CIP 301-700) in the Amount of $114,640; a Supplemental Appropriation of $114,640 to (CIP 700) Account Number 301-0910-700-4251; and Finding the Approval Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3);”

5. EMID Resolution No. 3892, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Amendment 1 to the Task Order with Consor PMCM, Inc. For Construction Management and Inspections Services for the Fuel Systems Improvements Project (CIP 301-700) in the Amount of $114,640; a Supplemental Appropriation of $114,640 to Account Number 301-0910-700- 4251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA Pursuant to CEQA Guidelines §15061(B)(3);”

6. EMID Resolution No. 3893, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Execution of Task Order 2025-03 with EKI Environment & Water, Inc. in the Amount of $69,900 to Develop the 2025 Urban Water Management Plan and Water Shortage Contingency Plan; Approving a Project Contingency in the Amount of $14,000 with Authority Given to the District Manager to Execute Contract Amendments Up to the Contingency Amount; and Finding the Approval Exempt from CEQA Pursuant to Section 15282 (v) of the CEQA Guidelines”; and

7. EMID Resolution No. 3894, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Equipment Prepurchase Package and Authorizing the Call for Bids for Seven (7) Emergency Generator Systems and Seven (7) Automatic Transfer Switches for the Emergency Generator

6.1 6.1 Minutes

9 Replacements Project (CIP 455-705) and Finding That the Project is Exempt Pursuant to the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15302 (Class 2).”

ITEMS REMOVED FROM CONSENT CALENDAR

UPDATING THE POLICY STATEMENT OF THE CITIZENS SUSTAINABILITY ADVISORY COMMITTEE. CITY RESOLUTION NO. 2025-84.

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

Discussion ensued.

Motion by Councilmember Venkat, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2025-84, “A Resolution of the City Council of the City of Foster City Updating the Policy Statement of the Citizens Sustainability Advisory Committee,” with amendments to the Policy Statement to reduce the number of terms for committee members from three (3) to two (2) to align with other citizen advisory committees and commissions and to reserve one (1) of the seven (7) at large seats on the committee to a designated youth member seat.

EXECUTION OF AGREEMENTS WITH CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC. IN THE AMOUNT NOT TO EXCEED $172,450 AND BEAR ELECTRICAL SOLUTIONS, LLC IN AN AMOUNT NOT TO EXCEED $100,000 FOR TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27 - FY 2030/31); AND

FINDING THE APPROVAL EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES 15061(B)(3) AND 15301(C)—EXISTING FACILITIES. CITY RESOLUTION NO. 2025-85.

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

Discussion ensued.

Motion by Councilmember Sullivan, seconded by Vice Mayor Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2025-86, “A Resolution of the City Council of the City of Foster City Authorizing the Execution of Agreements with Cal-West Lighting & Signal Maintenance, Inc. in the Amount Not to Exceed $172,450 and Bear Electrical Solutions, LLC in an Amount Not to Exceed $100,000 for Traffic Signal & Lighting Maintenance (FY 2026/27 - FY 2030/31); and Finding the Approval Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(B)(3) and 15301(C)—Existing Facilities.”

NEW BUSINESS

6.1 6.1 Minutes

10 JOINT LETTER FROM CITY OF FOSTER CITY AND CITY OF SAN MATEO TO THE

SAN MATEO-FOSTER CITY SCHOOL DISTRICT REGARDING E-BIKE EDUCATION SAFETY FOR STUDENTS. MINUTE ORDER NO. 2049.

The following people addressed the City Council via email:

1. Yiming Luo; and

2. Evan Adams.

The following people addressed the City Council in person:

1. Michael Crocker; and

2. Diego Ochoa, San Mateo-Foster City School District Superintendent.

The following people addressed the City Council via teleconference:

1. Yiming Luo;

2. Mike Swire;

3. Seema Patel; and

4. Pablo.

Discussion ensued.

Motion by Mayor Jimenez, seconded by Councilmember Niederhofer, and carried, 3-2-0, Councilmember Sullivan and Councilmember Venkat voted “no,” adopting Minute Order No. 2049, approving the Joint Letter from City of Foster City and City of San Mateo to the San Mateo-Foster City School District Regarding E-Bike Education Safety for Students.

REPORTS
COMMUNITY CENTER REBUILD PROJECT (CIP 301-678) GENERAL UPDATE.

MINUTE ORDER NO. 2050.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Niederhofer, seconded by Vice Mayor Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 2050, receiving and accepting the update report on the Community Center Rebuild Project (CIP 301-678).

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

City/District Warrants of Demands were Processed and Issued on September 30, 2025, and ACH were processed on October 3, 2025.

6.1 6.1 Minutes

11 CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

City/District Manager Chatwin wished a happy Diwali to those who celebrate.

Councilmember/Director Venkat stated she attended the Foster City Village IHOP Breakfast on October 13. She congratulated the Foster City Chamber Foundation for hosting their first Fostober Fest event on October 18. On October 19, she attended the Citizens’ Climate Lobby (CCL) Youth Climate Rally at San Mateo’s Central Park. She wished a happy Diwali to those who celebrate.

Councilmember/Director Niederhofer stated she attended the San Mateo Consolidated Fire Department Open House on October 11. On October 19, she co-hosted a coffee chat with San Mateo County Supervisor Corzo. She reminded the public that the annual Halloween Spooktacular Festival will be held on October 25 at Leo Ryan Meadow from 11 a.m. to 2 p.m., and pre-registration is required.

Councilmember/Director Sullivan stated he attended the 2025 League of California Cities Conference from October 8-10. On October 18, he attended the Foster City Chamber Foundation’s Fostober Fest.

Vice Mayor/Vice President Kiesel stated he attended the 2025 League of California Cities Conference on October 8-10.

Mayor/President Jimenez stated she attended the 2025 League of California Cities Conference on October 8-10. On October 15, she attended the final session of the 2025 Civics Academy, and thanked the Communications/City Clerk and Administrative Services staff for hosting the session. On October 16, she attended the City/County Association of Governments of San Mateo County (C/CAG) Board meeting. On October 19, she attended the coffee chat hosted by Councilmember Niederhofer and Supervisor Corzo. She congratulated the Foster City Chamber Foundation on a successful Fostober Fest event.

CLOSED SESSION
Mayor Jimenez recessed the meeting into Closed Session for:

1. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation Pursuant to Section 54956.9(d)(4) (One Potential Case); and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 7:58 p.m. and reconvened at 8:14 p.m.

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

6.1 6.1 Minutes

12 ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 8:14 p.m.

6.1 6.1 Minutes

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2 DATE: November 3, 2025

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

FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: Administrative Services
SUBJECT: AUTHORIZATION TO CITY MANAGER TO SETTLE WORKERS’ COMPENSATION CLAIMS UNDER $50,000 NOT INCLUDING

STATUTORY REQUIRED PAYMENTS

RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions authorizing the City Manager to settle workers’ compensation claim settlements under $50,000 not including statutory required payments.

EXECUTIVE SUMMARY
Effective July 1, 2025, Foster City was granted approval to self-insure workers’ compensation claims as part of the transition out of the Cities Group Joint Powers Authority (JPA). Effective August 1, 2025, all open and closed claims were forwarded to LWP Claims Solutions, Inc. as the City’s third-party administrator for workers’ compensation claims. As claim review occurred, it became apparent that some long- standing claims could be resolved through settlement. In order to settle workers’ compensation claims efficiently, best practice dictates that the City Manager be authorized to settle claims under $50,000 not including statutory required payments.

Claim settlements in excess of $50,000, not including statutory required payments, will be brought to the City Council for review and approval. The attached resolution provides authority to the City Manager.

6.2 6.2 Staff Report

14 1
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2 BACKGROUND/ANALYSIS
The Administrative Services Department has been transitioning workers’ compensation claim administration from a JPA arrangement into a self-insured administration. The City Council approved a three-year contract with LWP Claims Solutions, Inc. (LWP) on June 2, 2025 to provide third-party administration services to Foster City. The City Council approved a resolution on June 16, 2025 declaring the assumption of any and all workers’ compensation liabilities as a self-insured employer. These two actions provided Foster City control over the administration of those claims.

All claims have been transitioned out of the JPA and to LWP as of August 1, 2025.

LWP has been reviewing claims files, transferring litigation claims files to different law firms to reduce costs, and working with Human Resources staff to process claims timely and provide excellent customer service to all. The next step, and best practice, in the claims administration process is to finalize and settle those claims deemed appropriate for settlement.

To ensure timely settlement of claims, and ease in administering workers’ compensation claims, it is recommended that the City Manager be granted the authority to settle claims under a specified amount. There are two types of workers’ compensation settlements: Compromise and Release (C&R) and Stipulations Request for Award (STIP). A C&R is a settlement agreement that resolves a claim with a one- time lump sum payment, and in exchange, the injured worker gives up their right to any future benefits (future medical costs) from that claim. A STIP is a settlement agreement that allows an injured worker payment of Permanent Disability, over time, rather than a one-time lump sum payment. In addition, for STIPS, the injured worker is entitled to lifetime future medical care related to the work injury. Also, in certain circumstances, usually a given timeframe, the injured worker may be able to reopen the claim for additional benefits.

The attached resolution is requesting authorization for the City Manager to approve C&R and STIP agreements, up to $50,000, not including any statutory required payments. The statutory required payments are the mandatory temporary disability payments and other payments separate and apart from the settlement amounts agreed to by an injured worker. The City Manager currently has the authority to approve professional services contracts up to $50,000 which is why the amount was selected for C&R and STIP agreements. All C&R and STIP agreements over $50,000 will be brought to the City Council for approval.

California Environmental Quality Act

6.2 6.2 Staff Report

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2 The approval of the settlement authority 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
There is no current fiscal impact to adopting this resolution. Finance established a Workers Compensation Self-Insurance Fund 510 as part of the Fiscal Year 2025-2026 budget. Any settlements approved by the City Manager will be paid from that fund. If the fund requires additional appropriation for claims administration or settlements, a request will be brought to the City Council for approval.

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

Attachment 1 - City Resolution

6.2 6.2 Staff Report

16 2
9 4
0 RESOLUTION NO. __________

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

AUTHORIZING THE CITY MANAGER TO SETTLE WORKERS COMPENSATION CLAIMS UNDER $50,000 NOT INCLUDING STATUTORY REQUIRED PAYMENTS

CITY OF FOSTER CITY
WHEREAS, effective July 1, 2025, Foster City was granted approval to self-insure workers’ compensation claims as part of the transition out of the Cities Group Joint Powers Authority; and
WHEREAS, effective August 1, 2025, all open and closed claims were forwarded to LWP Claims Solutions, Inc. as the City’s third-party administrator for workers’ compensation claims; and
WHEREAS, in order to settle workers’ compensation claims, best practice dictates that the City Manager be authorized to settle claims under $50,000 not including statutory required payments; and
WHEREAS, statutory payments are the mandatory temporary disability payments and other payments separate and apart from the settlement amounts agreed to by injured worker; and
WHEREAS, any claim settlements in excess of $50,000, not including statutory required payments, will be brough to the City Council for review and approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City approves the resolution authorizing the City Manager to settle workers’ compensation claim settlements under $50,000, not including statutory required payments as specified herein.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of November 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - City Resolution

17 DATE: November 3, 2025

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

FROM: Cory Call, Police Chief
Rob Lasky, IT Manager
DEPARTMENT: Police
SUBJECT: POLICE DEPARTMENT RADIO SYSTEM UPGRADES AND

DISPATCH REMODEL

RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions authorizing the Mayor to execute:

1. An agreement with Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates to purchase hardware and installation services to move dispatching equipment to the Police Conference Room while the Dispatch Center is remodeled in an amount not to exceed $21,568.75;

2. An agreement with Xybix Systems Inc. to purchase furniture and installation labor for the Dispatch Center Remodel in an amount not to exceed $105,083.68; and

3. An agreement with Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates to purchase hardware and installation services for a Police Radio System upgrade in an amount not to exceed $396,002.00.

The resolutions also request a 10% continency for each agreement ($2,156, $10,508, and $39,600 respectively) with authorization given to the City Manager for contract amendments up to the contingency amount, for a total cost of up to $23,724.75, $115,591.68 and $435,602.00 respectively.

6.3 6.3 Staff Report

18 EXECUTIVE SUMMARY
The Foster City Police Department is preparing for two major upcoming projects. The first is a remodel of the Police Dispatch Center. The second involves significant upgrades to the Police Department’s Radio System. While these projects may seem unrelated, they dovetail operationally.

To accommodate the remodel, a temporary dispatch area will be set up in the Police Conference Room. New radio console equipment for Dispatch will be included with the Radio System Upgrade. These new consoles can be configured and tested in the temporary dispatch area while the current Dispatch Center remains operational prior to beginning the remodeling. This approach will help ensure a smooth and efficient transition when it's time to move the Dispatchers to the temporary setup.

BACKGROUND/ANALYSIS
Radio System Upgrade
The Police Radio System was last upgraded in 2002, with some components being replaced again in 2013. All components are now due for replacement. The Radio System is critical for the Police Department, and the planned upgrade will ensure a reliable communications platform well into the future. Funding for the project is already allocated in the Police Department’s Equipment Replacement Fund for Fiscal Year 25–

26. The new system will continue to use the same licensed frequencies that is in use today.

It will also include the option for encryption, allowing for secure radio traffic if needed in the future. Additionally, since the County is also upgrading its radio systems, this project will help maintain long-term interoperability with County communications.

The project consists of two main components:

1. Base Station Replacement
The base station equipment will be replaced at three (3) City locations:
City Hall (primary site)
Corpyard Radio Tower (repeater)
Sea Cloud Park (repeater)
These repeater sites help maintain strong and consistent radio coverage, especially at the edges of the City.

2. Dispatch Console Replacement
The three (3) radio consoles in the Police Dispatch Center will also be replaced.

These consoles (large boxes with dozens of buttons) allow dispatchers to interact with all radio channels, as well as intercom systems and internal door controls within the Police Department building.

6.3 6.3 Staff Report

19 Police Department Portable Radios have already been replaced as part of City Resolution No. 2025-61, which was approved by Council on August 4, 2025. A future agenda item will be submitted requesting the purchase of new mobile radios for both the patrol cars and motorcycles.

Due to the sensitive nature of the systems involved, staff is requesting that the Radio System Upgrade be approved as a sole-source procurement pursuant to Foster City Municipal Code section 3.04.110(B), as these services/products can only be obtained from one vendor. Like many other police departments in the bay area, our department relies on Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates for radio system design and engineering services. Using this vendor will ensure continuity with our current devices, warranties and services, and reduce downtime during implementation. Foster City Police Department’s communications system is vital to public safety and providing service to the community, and using this vendor will ensure communication is not affected during and after the remodel.

Dispatch Center Remodel
The Dispatch Center was last remodeled in 2003 as part of a building-wide renovation.

The current desk furniture, also purchased in 2003, is now due for replacement.

To allow construction work in the main Dispatch Center, a temporary dispatch area will be set up in the Police Conference Room. The attached quote from Telecommunications Engineering Associates, Inc. covers the labor needed to support this temporary relocation.

Staff researched options for replacement furniture and identified a limited number of vendors that specialize in dispatch center desks. Quotes were requested from three vendors, and Xybix submitted the lowest bid and was also the top choice among staff.

Assembly and installation labor are also included. All other remodeling work is expected to be completed in house by the City‘s Building Maintenance Division staff.

California Environmental Quality Act
The approval of the various Agreements for the Police Department Radio System Upgrades and Dispatch Remodel are not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
The detail of each of these agreements is outlined below:

Move Dispatching to Temporary Area

6.3 6.3 Staff Report

20 Hardware $2,668.75
Labor $18,900.00
Total $21,568.75
Dispatch Furniture
Furniture $86,439.18
Labor $18,644.50
Total $105,083.68

Radio System Upgrades
Hardware $333,302.00
Labor $62,700.00
Total $396,002.00

In aggregate, these projects would have a potential fiscal impact of:

Total Agreements $522,654.43
Plus 10% Contingency $52,264.00
Total Fiscal Impact $574,918.43

These projects are budgeted in the City’s Equipment Replacement Fund (502-0110- 413-4385) in FY 2025-2026, with an aggregate amount of $535,000.00. Equipment Replacement Funds are sufficient for the agreements and some, but not all, of the contingency. Should contingency funds be needed above the aggregate of $535,000.00, PD will reallocate funds from other equipment purchases or use operating budget savings to fill any shortfall.

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

Attachment 1 – Resolution for Agreement to Move Dispatch to PD Conference Room Attachment 2 – Resolution for Agreement for Dispatch Furniture Attachment 3 – Resolution for Agreement for Police Radio System Upgrade

6.3 6.3 Staff Report

21 Attachment 4 – Agreement to Move Dispatch to PD Conference Room Attachment 5 – Agreement for Dispatch Furniture
Attachment 6 – Agreement for Police Radio System Upgrade Attachment 7 – Quote to Move Dispatch to PD Conference Room Attachment 8 – Quote for Dispatch Furniture
Attachment 9 – Quote for Police Radio System Upgrade

6.3 6.3 Staff Report

22 3
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6 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DARYL D. JONES, INC., DBA TELECOMMUNICATIONS ENGINEERING ASSOCIATES TO PURCHASE

HARDWARE AND INSTALLATION SERVICES TO MOVE DISPATCHING EQUIPMENT

TO THE POLICE CONFERENCE ROOM WHILE THE DISPATCH CENTER IS REMODELED IN AN AMOUNT NOT TO EXCEED $21,568.75, AND APPROVING A 10% CONTINGENCY ($2,158.00) AUTHORIZING THE CITY MANAGER TO SIGN

AMENDMENTS TO THE AGREEMENT UP TO THE CONTINGENCY AMOUNT

CITY OF FOSTER CITY
WHEREAS, Foster City Police Department’s communications system is vital to public safety and providing service to the community; and WHEREAS, the City’s Dispatch Center was last remodeled in 2003; and WHEREAS, a temporary dispatch area will need to be set up in the Police Conference Room during the remodeling; and
WHEREAS, due to the sensitive nature of the systems involved, staff is requesting that the Radio System Upgrade be classified as a sole-source procurement; and WHEREAS, using this vendor will ensure continuity with our current devices, warranties and services, and reduce downtime during implantation; and WHEREAS, sufficient funds were allocated in the budget for this project in the Equipment Replacement Fund (#502-0110-413-4385); and
WHEREAS, a contingency should be established, if additional expenses arise once long-installed systems are exposed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute with Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates to purchase hardware and installation services to move dispatching equipment to the Police Conference Room while the Dispatch Center is remodeled in an amount not to exceed $21,568.75, and approving a 10% contingency ($2,158.00) authorizing the City Manager to sign amendments to the agreement up to the contingency amount.

6.3 Attachment 1 - Resolution for Agreement to Move Dispatch to PD Conference Room

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6 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of November, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution for Agreement to Move Dispatch to PD Conference Room

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7 RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH XYBIX SYSTEMS INC. TO PURCHASE FURNITURE AND INSTALLATION LABOR FOR THE DISPATCH CENTER REMODEL IN AN AMOUNT NOT TO EXCEED $105,083.68, AND APPROVING A 10% CONTINGENCY ($10,588.00) AUTHORIZING THE CITY

MANAGER TO SIGN AMENDMENTS TO THE AGREEMENT UP TO THE

CONTINGENCY AMOUNT

CITY OF FOSTER CITY
WHEREAS, the City’s Dispatch Center was last remodeled in 2003; and WHEREAS, the desk furniture currently in use in the Dispatch Center was also purchased in 2003 and is now due for replacement; and
WHEREAS, staff identified vendors that specialize in dispatch center desks and solicited quotes; and
WHEREAS, Xybix submitted the lowest bid and was also the top choice among staff; and
WHEREAS, sufficient funds were allocated in the budget for this project in the Equipment Replacement Fund (#502-0110-413-4385); and
WHEREAS, a contingency should be established, if additional expenses arise once long-installed systems are exposed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute an agreement with Xybix Systems Inc. to purchase furniture and installation labor for the Dispatch Center remodel in an amount not to exceed $105,083.68, and approving a 10% contingency ($10,588.00) authorizing the City Manager to sign amendments to the agreement up to the contingency amount.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of November, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 2 - Resolution for Agreement for Dispatch Furniture

25 3
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8 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DARYL D. JONES, INC., DBA TELECOMMUNICATIONS ENGINEERING ASSOCIATES TO PURCHASE

HARDWARE AND INSTALLATION SERVICES FOR A POLICE RADIO SYSTEM UPGRADE IN AN AMOUNT NOT TO EXCEED $396,002.00, AND APPROVING A 10% CONTINGENCY ($39,600.00) AUTHORIZING THE CITY MANAGER TO SIGN

AMENDMENTS TO THE AGREEMENT UP TO THE CONTINGENCY AMOUNT

CITY OF FOSTER CITY
WHEREAS, Foster City Police Department’s communications system is vital to public safety and providing service to the community; and WHEREAS, the Police Radio System was last upgraded in 2002, with some components being replaced again in 2013; and
WHEREAS, this project will help maintain long-term interoperability with County communications; and
WHEREAS, staff identified vendors that specialize in dispatch center desks and solicited quotes; and
WHEREAS, due to the sensitive nature of the systems involved, staff is requesting that the Radio System Upgrade be classified as a sole-source procurement; and WHEREAS, using this vendor will ensure continuity with our current devices, warranties and services, and reduce downtime during implantation; and WHEREAS, doing this Radio System Upgrade in tandem with the Dispatch Center remodel will ensure a smooth and efficient transition to the temporary dispatching area; and
WHEREAS, sufficient funds were allocated in the budget for this project in the Equipment Replacement Fund (#502-0110-413-4385); and
WHEREAS, a contingency should be established, if additional expenses arise once long-installed systems are exposed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute an agreement with Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates to purchase hardware and installation services for a Police Radio System upgrade in an amount not to exceed $396,002.00,

6.3 Attachment 3 - Resolution for Agreement for Police Radio System Upgrade

26 3
9 7
8 and approving a 10% contingency ($39,600.00) authorizing the City Manager to sign amendments to the agreement up to the contingency amount.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of November, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 3 - Resolution for Agreement for Police Radio System Upgrade

27 1 Updated 1/10/2022

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

MOVING DISPATCH TO PD CONFERENCE ROOM DURING REMODEL

This Agreement is m ade and entered into as of the 3rd day of November, 2025 by and between the City of Foster City hereinafter called "CITY" and Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates hereinafter called "VENDOR".

RECITALS

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;

B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the CITY and;

C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

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

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

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

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

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

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

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum Twenty One Thousand Five Hundred and Sixty Eight Dollars and Seventy- Five Cents ($21,568.75). Invoices for amounts in excess of Twenty One Thousand Five Hundred and Sixty Eight Dollars and Seventy-Five Cents ($21,568.75) s hall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY ’s City Man ager (for contracts less than $50 ,000) or City Council (for contracts $50 ,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

4. Additional Services . In the event CITY desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by CITY’s City Man ager (for contracts less than $50 ,000) or City Coun cil (for contracts $5 0,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a descr iption of the product to be delivered or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13. Patent, Copyright and Trade Secret Indemnity.

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c. VENDOR, at its own expense, shall defend any action brought against City to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret. VENDOR shall pay those costs and damages finally awarded against City in any such action. Such defense and payment shall be conditioned on the following:
i. That VENDOR shall be notified within a reasonable time in writing by City of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of
government or public law are involved, City shall have the option to participate in such action at its own expense.
d. Should the Products , or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products . If, in the sole opinion of City, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement
impractical, City shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agrees to take back such Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied
operating software; or
iii. The modification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.

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f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

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

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

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

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

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Mark Lee

VENDOR: Daryl D. Jones, Inc., DBA Telecommunications
Engineering Associates
1160 Industrial Rd. #15
San Carlos, CA 94070
Attention: Daryl Jones
Email Address:[email protected]

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

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

20. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.

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

21. Samples.

a. City may require samples of items inspection and specification testing and must be furnished free of expense to City. The samples

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furnished must be identical in all respects to the products bid and/or specified in the Agreement.
b. Samples, if not destroyed by tests, may, upon VENDOR’s request made at the time the sample is furnished, be returned at VENDOR’s expense.

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

23. Packing and Shipment.

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

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

25. Inspection, Acceptance and Rejection.

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

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quality assurance system or other business practices related to performance of the Agreement.
b. All Products may be subject to inspection and test by City or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection.
d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be
construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

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

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

28. Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or representative of VENDOR, to any officer or employee of City with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement . For breach or violation of this warranty, City shall have the right to terminate the Agreement , either in whole or in part, and any loss or damage sustained by City in procuring on the open market any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of City provided in this

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clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

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

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

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

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

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

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

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

36. Entire Agreement. This Agreement, including Exhibits A, A -1, B, C, D, E and F, comprises the entire Agreement.

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

CITY OF FOSTER CITY

Dated: _________________________________ Stacy Jimenez, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

VENDOR

Dated:

Daryl Jones, Owner

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EXHIBIT A

SCOPE OF WORK and SCHEDULE
FOR

MOVING DISPATCH TO PD CONFERENCE ROOM DURING REMODEL

Scope of Services:

Install Zetron console in temporary location to be determined by City.

Temporarily move Intrado E911 workstations.

Cat-5 cabling as required for temp location.

New Intrado data cable to remodeled Comm Center
Attached hereto and hereinafter incorporated by reference as Exhibit A-1 is agreed upon lists of equipment and services for the deliverables.

Project Schedule

Project shall begin within 30 days of contract signing

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EXHIBIT B

VENDOR’S FEES and PAYMENT MILESTONES

Summary

Estimated total project costs: $21,568.75.

This is based on a Time and Materials estimate. Invoices will be based on actual parts and labor.

Itemized Fees

E ach Quantity To t a l
H ardware E stimate:

Cat-5 cable & terminations $1,050.00 1 $1,050.00
M isc installation materials and supplies $290.00 1 $290.00 UPS 1500 V A For backup power $300.00 3 $900.00
Services E stimate:

Sy stems engineer/project manager $225.00 6 $1,350.00
Sy stems technician(s) $195.00 72 $14,040.00
A ssist w ith I T w ork $195.00 6 $1,170.00
A ssist w ith CCT V w ork $195.00 6 $1,170.00
A ssist w ith A larm Sy stem W ork $195.00 6 $1,170.00

Sub-To t a l : $21,140.00
Sales T ax : $228.75
Shipping: $200.00
TOTAL: $21,568.75

Project Payment Schedule

Milestone Amount of Payment
Upon agreement execution $2,668.75 (estimated cost of hardware) Upon project completion $18,900 (estimated cost of services)

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EXHIBIT C

INSURANCE

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

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

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

1.1 Insurance Requirements

Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Vendor's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2 ,000,000) each occurrence and four million dollars ($4,000,000) aggregate.

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

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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

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

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

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

2. City as Additional Insured

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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

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

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

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

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

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

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

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

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

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

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

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

Professional Liability:

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

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

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

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT E

COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Vendor”) dated ___________________________.

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

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

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

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

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

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

VENDOR: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

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VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

POLICE DISPATCH CONSOLE FURNITURE AND ASSEMBLY LABOR

This Agreement is m ade and entered into as of the 3rd day of November, 2025 by and between the City of Foster City hereinafter called "CITY" and ErgoFlex Systems Inc. dba Xybix Systems, Inc. hereinafter called "VENDOR".

RECITALS

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;

B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the CITY and;

C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

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

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum One Hundred Five Thousand Eighty-Three Dollars and Sixty -Eight Cents ($105,083.68). Invoices for amounts in excess of One Hundred Five Thousand Eighty-Three Dollars and Sixty -Eight Cents ($105,083.68) shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in

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Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services . In the event CITY desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by CITY’s City Manager (for contracts less than $50 ,000) or City Coun cil (for contracts $5 0,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a descr iption of the product to be delivered or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Except to the extent modified by written amendment, all other terms and conditions of this Agreement sha ll be deemed incorporated in each such amendment.

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

9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the

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delivery of products or performance of services occasioned by governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

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

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

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

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

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

13. Patent, Copyright and Trade Secret Indemnity.

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

VENDOR agrees to take back such Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied operating software; or
iii. The modification by City of the equipment of software furnished hereunder; or

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iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

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

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

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any notices provided by the CITY setting forth the provisions of this non- discrimination clause.

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Mark Lee

VENDOR: ErgoFlex Systems Inc. dba Xybix Systems, Inc.
8207 SouthPark Circle
Littleton CO 80120
Attention: Jack Middlemist
Email Address: [email protected]

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

20. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.

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

21. Samples.

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

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

23. Packing and Shipment.

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

25. Inspection, Acceptance and Rejection.

VENDOR will keep records evidencing inspections and their result, and will make these records available to City during the Agreement

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performance and for three years after final payment. VENDOR shall permit City to review procedures, practices, processes and related documents to determine the acceptability of VENDOR’s quality assurance system or other business practices related to performance of the Agreement.
b. All Products may be subject to inspection and test by City or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection. d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement , such Products and Services will be deemed to have been accepted. Acceptance shall not be construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any no nconformity, or any other rights provided by law.

28. Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or representative of VENDOR, to any officer or employee of City with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, City shall have the right to terminate the Agreement , either in whole or in part, and any loss or damage sustained by City in procuring on the open market

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any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

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

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

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

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

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36. Entire Agreement. This Agreement, including Exhibits A, A -1, B, C, D, E and F, comprises the entire Agreement.

[Signatures of Next Page]

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

CITY OF FOSTER CITY

Dated: _________________________________ Stacy Jimenez, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

VENDOR

Dated:

Doug Herman, VP of Sales

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EXHIBIT A

SCOPE OF WORK and SCHEDULE
FOR

POLICE DISPATCH CONSOLE FURNITURE AND ASSEMBLY LABOR

Scope of Deliverables:

3 Console Desks customized for Police Dispatching and various accessories Attached hereto and hereinafter incorporated by reference as Exhibit A-1 is agreed upon lists of equipment and services for the deliverables.

Scope of Services:

Assembly and installation of desks

Project Schedule
Project shall begin within 30 days of contract signing

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EXHIBIT B

VENDOR’S FEES and PAYMENT MILESTONES

Summary
Description Quantity Price Each Ext Price
Console Desk 3 $17,978.00 $75,342.00
Freight $4,033.75
Installation Labor $18,644.50
Taxes (estimated) $7,063.43
TOTAL $105,083.68

Itemized Fees
(See attached quote for detailed costs of line items)

Project Payment Schedule

Milestone Amount of Payment
Upon agreement execution $86,439.18 (cost of hardware) Upon project completion $18,644.50 (cost of labor)

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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

1. Where installation is listed on quote it is based in non-union labor and on one trip for installation only. Client is responsible for coordination of Technicians and other Vendors/Contractors. Waiting time will be charged at the rate of $75 per man hour straight time and $115 per man hour for OT plus subsistence expenses. Additionally, this quote is based upon a remodel in an existing space and/or new building - completely finished with a Certificate of Occupancy. Any project where the General Contractor is still on the job is subject to additional charges.

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EXHIBIT D

INSURANCE

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between ErgoFlex Systems Inc. dba Xybix Systems, Inc. ,, hereinafter referred to as " Vendor”, and the City of Foster City , hereinafter referred to as " City", providing for professional services.

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

1.1 Insurance Requirements

Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Vendor's performance of services under this Agreement. The Commerci al General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($ 2,000,000) each occurrence and four million dollars ($ 4,000,000) aggregate.

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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 Agreem ent with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.

☒ Workers' Compensation Insurance

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

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

2. City as Additional Insured

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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

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

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

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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 a ggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

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

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

Professional Liability:

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

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.

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT E

COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City (“City”) and ErgoFlex Systems Inc. dba Xybix Systems, Inc. (“Vendor”) dated ___________________________.

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

VENDOR: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

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VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

POLICE RADIO SYSTEM AND DISPATCH CONSOLE REPLACEMENT

This Agreement is m ade and entered into as of the 3rd day of November , 2025 by and between the City of Foster City hereinafter called "CITY" and Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates hereinafter called "VENDOR".

RECITALS

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;

B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the CITY and;

C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum Three Hundred Ninety Six Thousand and Two Dollars ($396,002.00).

Invoices for amounts in excess of Three Hundred Ninety Six Thousand and Two Dollars ($396,002.00) shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Man ager (for contracts less than $5 0,000) or City Council (for contracts $50 ,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in

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Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

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

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governmental reviews of VENDOR’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, VENDOR’s officers or employees.

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

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

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

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

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

13. Patent, Copyright and Trade Secret Indemnity.

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

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

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

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CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Mark Lee

VENDOR: Telecommunications Engineering Associates
1160 Industrial Rd. #15
San Carlos, CA 94070
Attention: Daryl Jones
Email Address:[email protected]

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

20. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.

21. Samples.

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

23. Packing and Shipment.

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

25. Inspection, Acceptance and Rejection.

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

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additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection.
d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be
construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

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

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

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confidentiality provisions and limitations shall remain fully effective indefinitely after VENDOR’s completion of the Agreement.

36. Entire Agreement. This Agreement, including Exhibits A, A -1, B, C, D, E and F, comprises the entire Agreement.

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

CITY OF FOSTER CITY

Dated: _________________________________ Stacy Jimenez, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

VENDOR

Dated:

Daryl Jones, Owner

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EXHIBIT A

SCOPE OF WORK and SCHEDULE
FOR

POLICE RADIO SYSTEM AND DISPATCH CONSOLE REPLACEMENT

Scope of Deliverables:

Analog base station radio equipment
Dispatch Console (x3 Positions)
Attached hereto and hereinafter incorporated by reference as Exhibit A-1 is agreed upon lists of equipment and services for the deliverables.

Scope of Services:

Installation and Integration of replacement radio system components at the Foster City Police Department, City Hall, the 3
rd Ave. Radio Tower, and Sea Cloud Park.

Removal and Recycling/Disposal of replaced equipment

Project Schedule
Project shall begin within 30 days of contract signing

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EXHIBIT B

VENDOR’S FEES and PAYMENT MILESTONES

Summary

Ite m D escription Cost
R adio Sy stems U pgrade T ait analog base station radio equipment $124,951.00 R adio Systems Upgrade (L abor) $24,570.00
3 Position Dispatch Console Z etron Dispatch Console $208,351.00 3 Position Dispatch Console
(L abor) $29,250.00
A dministrativ e Serv ices Engineering, documentation, project administration $6,290.00 Equipment R emoval & Disposal R emove old equipment and recycle as appropriate $2,590.00 TOTAL $396,002.00

Itemized Fees
(See attached quote for detailed costs of line items)

Project Payment Schedule

Milestone Amount of Payment
Upon agreement execution $333,302 (estimated - cost of hardware) Upon project completion $62,700 (estimated – cost of services)

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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

1) City to provide backup power via a UPS at Sea Cloud Park 2) Antennas are not included and should be addressed with a separate project when needed.
3) City to provide an ATT ASE circuit at 3rd Ave site
4) Dispatch remodel and temporary move are not included in this cost estimate. (Separate estimate provided.)
5) City to provide multimode dark fiber from PD to FS28 6) City to provide UPS power for operator positions and console electronics. 7) Includes new Cat-5 cabling to operator positions for radio hardware only.

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EXHIBIT D

INSURANCE

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates , hereinafter referred to as " Vendor”, and the City of Foster City , hereinafter referred to as " City", providing for professional services.

1.1 Insurance Requirements

☒ Commercial General Liability Insurance

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☒ Business Automobile Liability Insurance

☒ Workers' Compensation Insurance

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

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

2. City as Additional Insured

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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

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ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

Professional Liability:

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

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TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT E

COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City (“City”) and Daryl D. Jones, Inc., DBA Telecommunications Engineering Associates (“Vendor”) dated ___________________________.

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

VENDOR: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

6.3 Attachment 6 - Agreement for Police Radio System Upgrade

94 ESTIMATE
City of Foster City Quote#: 20253806 Prepared on: 05/25/25 1030 E. Hillsdale Blvd. Valid until: 09/30/25
Foster City, CA 94404 Terms: Net 30 days Prepared by: GGY/DDJ Attn: Capt. Mark Lee FOB: San Carlos, CA Sales tax rate: 9.38% Item Price Quantity Price Sales
Each Total * Tax
-- Temporary setup during remodel --
Install Zetron console in temporary location.

Temporarily move Intrado E911 workstations.

Cat-5 cabling as required for temp location.

New Intrado data cable to remodeled Comm Center
Cat-5 cable & terminations $1,050.00 1 $1,050.00 * $98.44 Misc installation materials and supplies $290.00 1 $290.00 * $27.19 UPS 1500 VA For backup power $300.00 3 $900.00 * $84.38 Services Estimate (*note):

Systems engineer/project manager $225.00 6 $1,350.00
Systems technician(s) $195.00 72 $14,040.00
Assist with IT work $195.00 6 $1,170.00
Assist with CCTV work $195.00 6 $1,170.00
Assist with Alarm System Work $195.00 6 $1,170.00
*Note:

T&M Estimate. Actual parts & Labor to be billed.

Subject to the terms of the TEA Billing & Fee Policy dated February 17, 2021 Sub-Total: $21,140.00
Sales Tax: $228.75
This is a cost estimate and not a firm, fixed-fee quotation. Shipping & Handling: $200.00 Sales tax applies to shipping and handling charge. TOTAL: $21,568.75

6.3 Attachment 7 - Quote to Move Dispatch to PD Conference Room

95 6.3
Attachment 8 - Quote for Dispatch Furniture

96 6.3
Attachment 8 - Quote for Dispatch Furniture

97 6.3
Attachment 8 - Quote for Dispatch Furniture

98 6.3
Attachment 8 - Quote for Dispatch Furniture

99 Foster City Police Department 05/25/25
Police Radio System And Dispatch Console Replacement
Item Totals
Radio Systems Upgrade Tait analog base station radio equipment (P25 upgradable) (Notes 1,2,3,5) $149,521 3 Position Dispatch Console Zetron Dispatch Console P25 Capable. (Notes 4,6,7) $237,600 Administrative Services Engineering, documentation, project administration $6,290 Equipment Removal & Disposal Remove old equipment and recycle as appropriate $2,590 Project Total $396,002
Notes:
1) City to provide backup power via a UPS at Sea Cloud Park 2) Antennas are not included and should be addressed with a separate project when needed. 3) City to provide an ATT ASE circuit at 3rd Ave site
4) Dispatch remodel and temporary move are not included in this cost estimate. (Separate estimate provided.) 5) City to provide multimode dark fiber from PD to FS28 6) City to provide UPS power for operator poitions and console electronics. 7) Includes new Cat-5 cabling to operator positions for radio hardware only.

Prices valid through 07/31/2025. Signed contract will lock-in pricing until project completion.

Telecommunications Engineering Associates Page 1

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100

Foster City Police Department
Project Administration Costs
Item Hrs Cost
Documentation preparation 8 $1,480.00
System design and enginerring 12 $2,220.00
System testing and certifcation 6 $1,110.00
Project administration 8 $1,480.00
Administrative Services Total $6,290.00
Equipment Disposal
Item Qty Cost
Remove and disposal of old radios and console. 14 $2,590.00 Disposal Services Total $2,590.00
Telecommunications Engineering Associates Page 2

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101

Foster City Police Dept
Police Radio System Upgrade
Item Manufacturer Model Number Description Qty Price Ext Labor Sea Cloud Park
Item
UHF T-band base station receiver Tait TB9400 MultiRX No PMU 48vdc P25 1 $7,054 $7,054 10 Ethernet Switch FS FS IES3110-24TF 24 port switch, 48vdc 1 $800 $800 2 48VDC power supply chassis ICT IPS-BMM-LDM 48vdc PS Chassis 1 $1,800 $1,800 4 48VDC power module ICT ICT700-48PM 48vdc PS module 2 $700 $1,400 1 48VDC Battery System Enersys SC11 90AH 1 $1,700 $1,700 2 AC Inverter for ATT Equipment ICT ICT300-48SNV 300 watt inverter 1 $1,300 $1,300 2 Rack Cabinet DDB ST30DX Indoor Cabinet 30" 1 $1,700 $1,700 8 Misc Installation Supplies TEA TEAMISC Install Supplies 1 $500 $500 0 $16,254 29
Foster City PD & Fire Station 28
Item
UHF T-band base station repeater (PD1) Tait TB9400 48vdc 100w Voting, DFSI 1 $17,085 $17,085 12 UHF T-band base station repeater (PD2) Tait TB9400 48vdc 100w Voting, DFSI 1 $17,085 $17,085 12 Duplexer TEA Commprod 66-40-46 2 $2,800 $5,600 2
IMD Panel TEA Sinclair PC3213 2 $1,800 $3,600 2
Console Digital Interface P25 (PD1) Tait TN9271G-100T ++ CONSOLE GATEWAY 1 CHANNEL ACDC48/12 1 $9,122 $9,122 12 Ethernet Switch (PD & FS28) FS FS IES3110-24TF 24 port switch with Fiber SFPs 2 $1,000 $2,000 2 48VDC power supply chassis ICT IPS-BMM-LDM 48vdc PS Chassis 1 $1,800 $1,800 4 48VDC power module ICT ICT700-48PM 48vdc PS module 3 $700 $2,100 1 48VDC Battery System Enersys SC11 90AH 1 $1,700 $1,700 2 Monitor RX VHF TEA VHFRX VHF Mobile Radio Fire CTRL-2, CMD21 2 $750 $1,500 8 Monitor RX Tband TEA UHFRX UHF Mobile Radio SMO PD 0 $750 $0 0 12VDC power supply chassis ICT IPS-BMM-LDM 12vdc PS Chassis 1 $1,800 $1,800 4 12VDC power module ICT ICT700-12PM 12vdc PS module 2 $700 $1,400 1 CCC Disconnect TEA CCC1 Disconnect Cnty Relay 1 $500 $500 6 Battery Tray TEA BT1 19" rack tray 1 $360 $360 1
Misc Installation Supplies TEA MISC Install Supplies 1 $500 $500 0 $66,152 69
Telecommunications Engineering Associates Page 3

6.3 Attachment 9 - Quote for Police Radio System Upgrade

102

Foster City Police Dept
Police Radio System Upgrade
Item Manufacturer Model Number Description Qty Price Ext Labor 3rd Ave
Item
UHF T-band base station repeater Tait TB9400 48vdc 100w P25 Voting, DFSI 1 $17,085 $17,085 12 Ethernet Switch 48vdc power FS FS IES3110-24TF 24 port switch, 48vdc 1 $850 $850 2 AC Inverter for ATT Equipment ICT ICT300-48SNV 300 watt inverter 1 $1,300 $1,300 2 Duplexer TEA Commprod 66-40-46 1 $2,800 $2,800 2
IMD Panel TEA Sinclair PC3213 1 $1,800 $1,800 2
48VDC power supply chassis ICT IPS-BMM-LDM 48vdc PS Chassis 1 $1,800 $1,800 4 48VDC power module ICT ICT700-48PM 48vdc PS module 2 $700 $1,400 1 48VDC Battery System Enersys SC11 90AH 1 $1,700 $1,700 2 Battery Tray TEA BT1 19" rack tray 1 $360 $360 1
Misc Installation Supplies TEA MISC Install Supplies 1 $500 $500 0 $29,595 28
Hardware Total $112,001
Shipping & Handling $2,240
Sales Tax @9.375% $10,710
Hardware & Software Total $124,951
Installation Services $195/hr Total $24,570 126
Hardware and Services Total $149,521
Telecommunications Engineering Associates Page 4

6.3 Attachment 9 - Quote for Police Radio System Upgrade

103

Foster City Police Dept
Police Radio System Console Upgrade Eastern 5/2025 Quote Contract Item Part Number Description Qty Unit List Ext List Zetron_MAX Standard Workstation Bundle 905-0581 MAX STANDARD WORKSTATIONBUNDLE 3 9,467.00$ 28,401.00$ Zetron_MAX Standard Workstation Bundle 415-0219-1-BUNDL Zetron Mouse Pad 3 -$ -$ Zetron_MAX Standard Workstation Bundle 416-0012-BUNDL AC Power Cord (North America) 3 -$ -$ Zetron_MAX Standard Workstation Bundle 421-0286-BUNDL Speaker Label Set 3 -$ -$ Zetron_MAX Standard Workstation Bundle 709-0170-10F-BUNDL 10 ft Shielded Cat5e Cable for Speakers 6 -$ -$ Zetron_MAX Standard Workstation Bundle 802-0692-BUNDL Power Supply, Desktop 60W 3 -$ -$ Zetron_MAX Standard Workstation Bundle 802-0756-BUNDL Optical Mouse, Waterproof Antimicrobial 3 -$ -$ Zetron_MAX Standard Workstation Bundle 802-5094-BUNDL Dell XE4,SFF,Win11 /w 3Y Srv. 3 -$ -$ Zetron_MAX Standard Workstation Bundle 901-9691-BUNDL Media Dock XS 3 -$ -$ Zetron_MAX Standard Workstation Bundle 950-1200-BUNDL Media Dock XS Under Desk Top Mounting Kit 3 -$ -$ Zetron_MAX Standard Workstation Bundle 950-1405-BUNDL Amplified 5W Speaker V2 Assembly 6 -$ -$ Zetron_MAX Operator Workstation Software Licenses 930-0222 Individual Call Software Feature Set 3 1,392.00$ 4,176.00$ Zetron_MAX Operator Workstation Software Licenses 930-0240 MAX DISPATCH BASE SOFTWARE LICENSE 3 6,484.00$ 19,452.00$ Zetron_MAX Operator Workstation Software Licenses 930-0224 Tone Signaling/Paging Feature Set 3 2,088.00$ 6,264.00$ Zetron_MAX Operator Workstation Software Licenses 930-0225 Event Replay 3 2,366.00$ 7,098.00$ Zetron_MAX Operator Workstation Software Licenses 930-0226 MAX Dispatch Aux I/O Console Feature Set 3 2,088.00$ 6,264.00$ Zetron_Workstation Hardware Options 950-1077 DUAL KNOB JACKBOX 6 1,098.00$ 6,588.00$ Zetron_Workstation Hardware Options 950-9102 FOOTSWITCH W/ CABLE (10' CABLE) 3 334.00$ 1,002.00$ Zetron_Workstation Hardware Options 950-1405 Amplified 5W Speaker V2, Assembly 3 864.00$ 2,592.00$ Zetron_MAX Radio Gateway Interface & Options 901-9677 MAX RADIO GATEWAY RJ21 RADIO INTERFACE 3 4,842.00$ 14,526.00$ Zetron_MAX Radio Gateway Interface & Options 930-0227 MDC-1200 (encode/decode) 2 279.00$ 558.00$ Zetron_MAX Digital Radio Gateway Interface & Options 901-9725 MAX Digital Radio Gateway 2 4,508.00$ 9,016.00$ Zetron_MAX Digital Radio Gateway Interface & Options 930-0270 P25 DFSI Interface License 4 1,392.00$ 5,568.00$ Zetron_Special Export Controls 931-0003 DGTL RG AES Encryption License 0 780.00$ -$ Zetron_MAX System Hardware/Software 901-9740 MAX Central 2 5,120.00$ 10,240.00$ Zetron_MAX System Hardware/Software 930-0231 Z-Node Manager 2 4,314.00$ 8,628.00$ Zetron_MAX System Hardware/Software 802-0255 PS,DESKTOP,OUTPUT [email protected],INPUT 90- 1 56.00$ 56.00$ Zetron_MAX System Hardware/Software 930-0221 ADD 10 Radio CHNL LIC Block 1 864.00$ 864.00$ Zetron_MAX System Hardware/Software 930-0376 MAX Block of 2 Radio Licenses 0 334.00$ -$ Zetron_MAX System Hardware/Software 930-0239 Port LIC (1 LIC per input and output) 1 1,225.00$ 1,225.00$ Zetron_MAX System Hardware/Software 802-0641 X-432 AUX I/IO 1 1,050.00$ 1,050.00$ Zetron_MAX System Hardware/Software 802-0642 DIN Rail Mounts 1 17.00$ 17.00$ Zetron_MAX System Hardware/Software 802-0645 Distribution Block 1 15.00$ 15.00$ Zetron_MAX System Hardware/Software 395-0135 MAX Dispatch Software 0 116.00$ -$ Zetron_Rack Mounting & Power Equipment 950-1142 MAX D Rdndnt 12VDC Power Sys Kit - 20 1 3,479.00$ 3,479.00$ Zetron_Rack Mounting & Power Equipment 950-1134 12VDC Power DistributionPanel (20A/20B) 1 641.00$ 641.00$ Zetron_Rack Mounting & Power Equipment 416-0043 FUSE,3A,INDICATING TELECOM TYPE 20 29.00$ 580.00$ Zetron_Rack Mounting & Power Equipment 950-0588 RAD-INT MOD DUAL UNIT RKMT ADPTR OTP 5 251.00$ 1,255.00$ Zetron_Rack Mounting & Power Equipment 950-0589 Single Unit Rack Mount Option 1 167.00$ 167.00$ Zetron_Rack Mounting & Power Equipment 810-0142 TRAY,19",2RU,13"x17.5",60LBS MAX,BLA 1 112.00$ 112.00$

Page 5 of 6 ends

Foster City City CouncilNovember 3, 2025

Foster City City Council
November 3, 2025