Agenda packet — Foster City City Council, December 15, 2025 (part 1 of 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://FOSTERCITYORG.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 nonagenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, December 15, 2025 6:30 PM
1 teeetgbyeatopubccoet@ostectyogadbeadepatotetteecodbutotbe read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, December 15, 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 Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel

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

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

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

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

5.1. City/EMID Regular Meeting Minutes of November 17, 2025

5.2. City/EMID Special Meeting Minutes of December 1, 2025 2 yy
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.

5.1. City/EMID Regular Meeting Minutes of November 17, 2025

5.2. City/EMID Special Meeting Minutes of December 1, 2025

5.3. City/EMID Regular Meeting Minutes of December 1, 2025

5.4. A Resolution of the City Council of the City of Foster City Authorizing the Sole Source Purchase of Replacement Mobile Radios for Police Department Vehicles and Motorcycles from Metro Mobile Communications in the Amount of $73,463.58
a) Staff Report
b) Adopt Resolution

5.5. a) A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement With Habitat for Humanity Greater San Francisco (HGSF), for the Home Rehabilitation Program in an Amount Not to Exceed $861,750, to Issue Loans and Provide Construction Services for Lower Income Homeowners to Implement Program Hb2a of the 20232031 Housing Element; Approving an Appropriation of $861,750 From Commercial Linkage Fee Fund (Fund 137) to Account Number 1370847 4194251; and Find Approval of the Program Exempt From the CEQA Pursuant to Section 15061(B)(3) and 15301; and
b) A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with Rebuilding Together Peninsula, for the Home Minor Repair Program in an Amount Not to Exceed $17,500, to Manage Construction and Administer Grants for Minor Home Repairs for Very Low Income Homeowners to Implement Program Hb2b of the 2023 2031 Housing Element; Approving an Appropriation of $17,500 from Commercial Linkage Fee Fund (Fund 137) to Account Number 1370847 4194251; and Find Approval of the Program Exempt from the CEQA Pursuant to Section 15061(B)(3) and 15301
c) Staff Report
d) Adopt Resolutions

5.6. A Resolution of the City Council of the City of Foster City (1) Approving a Supplemental Appropriation of $20,000 to Account No. 12408324634297 for the Measure K Emergency Rent Relief Program (“Program”); (2) Authorizing the City Manager to Accept the Funds for Reimbursement of Program Expenditures From the County; (3) Authorizing the City Manager to Include Funds in the Amount of $10,000 in the Proposed Budget for Fiscal Year 2627 for the Program; and (4) Finding the Request Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

5.7. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Amendment No. 2 to the Existing Task Order Plws202501 3 ppppp
for the Measure K Emergency Rent Relief Program (“Program”); (2) Authorizing the City Manager to Accept the Funds for Reimbursement of Program Expenditures From the County; (3) Authorizing the City Manager to Include Funds in the Amount of $10,000 in the Proposed Budget for Fiscal Year 2627 for the Program; and (4) Finding the Request Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

5.7. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Amendment No. 2 to the Existing Task Order Plws202501 with Placeworks, Inc. in the Amount of $44,338, for a Total Task Order Amount Not to Exceed $191,253, to Continue Providing Environmental Review and Documentation for the Proposed Revisions to Gilead Chess Hatch Master Plan, Including 800,000 Square Feet (SF) Office Use to 800,000 SF of Biotechnology or Research and Development Uses, Located at 1155, 1165, and 1185 Chess Drive; and Finding the Authorization of the Task Order Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(B)(3) a) Staff Report
b) Adopt Resolution

5.8. a) A Resolution of the City Council of the City of Foster City Accepting the Annual Development Impact Fee and Capacity Fee Report for Fiscal Year 20242025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Annual Development Impact Fee and Capacity Fee Report for Fiscal Year 20242025
c) Staff Report
d) Adopt Resolutions

5.9. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective January 1, 2026; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective January 1, 2026
c) Staff Report
d) Adopt Resolutions

5.10. a) A Resolution of the City Council of the City of Foster City Approving the Foster City Police Officer Association (FCPOA) Letter of Understanding and Management Compensation and Benefits Plan Effective January 1, 2026; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Foster City Police Officer Association (FCPOA) Letter of Understanding and Management Compensation and Benefits Plan Effective January 1, 2026
c) Staff Report
d) Adopt Resolution

6. PUBLIC HEARINGS

6.1. A Public Hearing to Hear and Consider Comments Regarding Housing Element Implementation of Single Family and TwoFamily Objective Design dDltStdd
4 2026; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Foster City Police Officer Association (FCPOA) Letter of Understanding and Management Compensation and Benefits Plan Effective January 1, 2026
c) Staff Report
d) Adopt Resolution

6. PUBLIC HEARINGS

6.1. A Public Hearing to Hear and Consider Comments Regarding Housing Element Implementation of Single Family and TwoFamily Objective Design and Development Standards
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Amending Title 17, “Zoning” of the Foster City Municipal Code by Adding a New Chapter 17.15 “SingleFamily and TwoFamily Objective Design and Development Standards” and Finding the Amendments Within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509) – Rz20240005 i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Amending Title 17, “Zoning” of the Foster City Municipal Code by Repealing and Replacing Chapters

17.50 “Accessory Buildings and Uses” and 17.54 “Yards”; and Amending Chapters 17.04 “Definitions”; 17.12 “R1 SingleFamily Residence District”;

17.14 “R2 TwoFamily Residence District”; 17.58 “Architectural Control and Supervision”; and 17.96 “Multifamily and Residential MixedUse Objective Design and Development Standards”; and Finding the Amendments within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509) i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action A Resolution of the City Council of the City of Foster City Rescinding Architectural and Solar Guidelines; and Various Policies Pertaining to Review of SingleFamily and TwoFamily Homes, Including Policy No. 2001113 Awnings; Policy No. 22000 Reroofing Policy; Policy No. 03001 Copper Gutters, Downspouts and Flashing Policy; Policy No. 1810 Window Replacement Policy; Policy No. 0102 Bay/Bow/Garden and Greenhouse Window Policy; Policy No. 12000 Solar Impacts; and Policy No. 22000 – Exterior Color Change Policy; and Finding the Request within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509)

7. REPORTS

7.1. EBike & EScooter Data and Information
a) Staff Report
b) Information Item Only No Action Required

7.2. Bicycle and Pedestrian Master Plan Project Update
a) Staff Report
5 No. 22000 – Exterior Color Change Policy; and Finding the Request within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509)

7. REPORTS

7.1. EBike & EScooter Data and Information
a) Staff Report
b) Information Item Only No Action Required

7.2. Bicycle and Pedestrian Master Plan Project Update
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

8. RESOLUTIONS FOR ADOPTION

8.1. A Resolution of the City Council of the City of Foster City Approving the Foster City Parks System Master Plan (CIP 301682)
a) Staff Report
b) Action – Adopt Resolution

8.2. A Resolution of the City Council of the City of Foster City Authorizing Full Cost of Purchases for Public and Park Site Furniture in the Amount of $1,046,772, Which Includes a Sole Source Purchase of $67,508 from MMCITE, for the Foster City Community Center Rebuild Project (CIP 301678) and Appropriating $53,900 from the Equipment Replacement Fund (Fund 502) for Ceramic Kilns
a) Staff Report
b) Action Adopt Resolution

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on November 13, 2025 and November 25, 2025, and ACH were processed on November 5, 2025
a) Information Item Only
b) No Action Required

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

11. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. 6 assignments and liaison roles and Council/EMID Board requests for scheduling future items.

11. ADJOURNMENT
The public is invited to attend.

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)
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STREAMED LIVE every 1st and 3rd Monday of the month
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https://www.fostercity.org/agendasandminutes
7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF NOVEMBER 17, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of November 17, 2025 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Stacy Jimenez.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Sofia Mangalam, Community Development Director; Cory Call, Police Chief; Rob Lasky, IT Manager; Laura Galli, Engineering Manager; Chuck Venook, Chief Building Officer; Ryan Michelsen, Video Technician; Katherine Estrada; Deputy City Clerk; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
Shawn Mooney addressed the City Council via email regarding Mariners Point.

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

5.1 5.1 Minutes
8 City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of November 3, 2025;

2. City Ordinance No. 695, “An Ordinance 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) (First Reading on November 3, 2025);”

3. City Resolution No. 2025-95, “A Resolution of the City Council of the City of Foster City Accepting the Work by Spektren Engineering, Inc. for the Foster City Boulevard Median Modification Project (CIP 301-635) and Directing the City Clerk to File the Notice of Completion; and Finding the Project Exempt from CEQA Under Section 15301(B) – Existing Facilities;”

4. City Resolution No. 2025-96, “A Resolution of the City Council of the City of Foster City Approving Amendment One (1) to the Task Order with Wilsey Ham, Inc. in the Amount of $23,764 for Professional Engineering Services for the Rear Security Gates Project (CIP 301-707); and Finding the Approval Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(b)(3);”

5. City Resolution No. 2025-97, “A Resolution of the City Council of the City of Foster City Approving the Third Amendment to the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for the Metro Center and Authorizing the Mayor to Execute Same;”

6. City Resolution No. 2025-98, “A Resolution of the City Council of the City of Foster City Acting in Its Capacity as Successor Agency to the Former City Community Development Agency Approving the Third Amendment to the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for the Metro Center and Authorizing the Mayor to Execute Same”; and

7. EMID Resolution No. 3826, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing (1) Task Order No. HYD-2025-01 to the Master Professional Services Agreement with Hydroscience Engineering, Inc. in the Amount Not-to-Exceed $995,663 for Wastewater Engineering Services for the Sanitary Sewer Lift Station Improvements – Phase 6 Project (CIP 455-719); (2) A Project Contingency in the Amount of $149,000 with Authority Given to the District Manager to Execute Task Order Amendments Up to the Contingency Amount; and (3) Finding the Action Exempt From CEQA Under Section 15301 (b) & 15301(d) Existing Facilities.”

PUBLIC HEARINGS
BUILDING CODE UPDATES. CITY ORDINANCE NO. 696. CITY ORDINANCE NO. 697.

Community Development Director Mangalam presented the staff report.

5.1 5.1 Minutes
9 Mayor Jimenez opened a public hearing to hear and consider comments regarding Building Code Updates.

No public testimony was received.

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

Discussion ensued.

Motion by Vice Mayor Kiesel, seconded by Councilmember Niederhofer, and carried unanimously, 5-0-0, adopting City Ordinance No. 696, “An Ordinance of the City of Foster City Amending Section 1.01.010, “Adoption-Secondary 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, the 2025 California Existing Building Code, and the 2025 Wildland-Urban 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) (First Reading on November 3, 2025” and City Ordinance No. 697, “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”, and 15.46 “Electric Vehicle Charging Stations” within Title 15, “Building and Construction,” of the Foster City Municipal Code and Adopting by Reference the 2025 California Building Code, 2025 Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, 2025 California Fire Code, and the 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; 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) (First Reading on November 3, 2025).”

NEW BUSINESS
APPOINTMENTS OF FIVE (5) CITIZENS TO NEW FULL TERMS FROM JANUARY 1, 2026 THROUGH DECEMBER 31, 2028 ON THE AUDIT COMMITTEE; FOUR (4) CITIZENS TO NEW FULL TERMS FROM JANUARY 1, 2026 THROUGH DECEMBER 31, 2028 ON THE PARKS AND RECREATION COMMITTEE; AND ONE CITIZEN TO A NEW FULL TERM FROM JANUARY 31, 2026 THROUGH DECEMBER 31, 2028 ON THE TRAFFIC REVIEW COMMITTEE. MINUTE ORDER NO. 2052.

Communications Director/City Clerk Schaus presented the staff report.

5.1 5.1 Minutes
10 The following applicants seeking appointment to the Audit Committee were interviewed by the City Council:

1. Fred Baer;

2. Rosana Han;

3. Deborah Mester; and

4. Bevan Smith.

The following applicants seeking appointment to the Parks and Recreation Committee were interviewed by the City Council;

1. Tori Foord;

2. Divya Malik;

3. Alan Pattison;

4. Yvonne Sorenson; and

5. Ranjani Thiagarajan.

The following applicants seeking appointment to the Traffic Review Committee were interviewed by the City Council:

1. Vasant Janakiraman; and

2. David Noonan.

Eric de Regnaucourt (Audit and Traffic Review) and Muneeb Khan (Parks & Recreation and Traffic Review) withdrew their applications. Sixu Hu was not in attendance for the interview for the Parks and Recreation Committee. Carla Porter-Pursnani was unable to attend the meeting and submitted a written statement and video.

Minute Order No. 2052 was adopted as follows:

1. Motion by Vice Mayor Kiesel, seconded by Councilmember Sullivan, and carried unanimously, appointing Fred Baer, Rosana Han, Deborah Mester, and Bevan Smith to new full terms from January 1, 2026 through December 31, 2028 on the Audit Committee;

2. Motion by Councilmember Venkat, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, appointing Tori Foord, Divya Malik, Yvonne Sorenson, and Ranjani Thiagarajan to new full term from January 1, 2026 through December 31, 2028 on the Parks and Recreation Committee; and

3. Motion by Councilmember Venkat, seconded by Vice Mayor Kiesel, and carried, 4-0-1, Councilmember Sullivan abstained, appointing David Noonan, to a new full term from January 31, 2026 through December 31, 2028 on the Traffic Review Committee.

RECESS. The meeting recessed at 8:46 p.m. and reconvened at 8:51 p.m.

ASSISTANCE OPPORTUNITIES FOR FOSTER CITY RESIDENTS THAT MAY LOSE ACCESS TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP).

The following addressed the City Council via teleconference:

5.1 5.1 Minutes
11 1. Kalimah;

2. Seona Srivastava; and

3. Rashmi Rajendra.

Discussion ensued.

By Consensus of the City Council, it was directed that staff work with the Samaritan House to place food donation bins in Foster City and for staff to publish information on the City website regarding community resources for food insecurity, local food pantries, and links to donate and where they can help.

REPORTS

WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER PROGRAM - UPDATE FOR QUARTER 3 – JULY THROUGH SEPTEMBER 2025. MINUTE ORDER NO. 2053.

Public Works Director Brozyna introduced David Umezaki, representing EKI Environment & Water, Inc., who presented the staff report.

Discussion ensued.

Motion by Director Niederhofer, seconded by Director Venkat, and carried unanimously, 5-0-0, adopting Minute Order No. 2053, receiving and accepting the report.

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

City/District Warrants of Demands were Processed and Issued on October 29, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin stated the repairs for the elevator at the Community Center Annex have been completed and an inspection is scheduled for November 18.

Councilmember/Director Venkat shared the San Mateo-Foster City School District will include 80-100 workforce housing units in their 2026 Facilities Master Plan. She attended the Youth Advisory Committee meeting on November 5.

Councilmember/Director Sullivan stated he attended the San Mateo Union High School District Board meeting on November 6. On November 13, he attended San Mateo County Supervisor Canepa’s Loneliness to Light event at the Peninsula Humane Society.

5.1 5.1 Minutes
12 Councilmember/Director Niederhofer stated she attended the Planning Commission meeting on November 6. She reminded the public that the last Child Care Town Hall event hosted by San Mateo County Supervisors Speier and Gauthier will be on November 19 at the Half Moon Bay Library from 6:00 p.m.- 7:00 p.m. She wished everyone a Happy Thanksgiving.

Vice Mayor/Vice President Kiesel stated he attended a presentation in Redwood City hosted by the San Jose Conservation Corps + Charter School (SJCC+CS) and the appointment of the new San Mateo County Sheriff on November 12.

Mayor/President Jimenez stated she attended the Peninsula Clean Energy meeting on October 23. On November 11, she attended a Veterans Day Ceremony hosted by the American Legion Post 105 in Redwood City, and the Veterans Day event hosted by the Foster City Police Department at the Atria at Foster Square. She thanked the City’s resident veterans for their service. On November 13, she attended the City/County Association of Governments of San Mateo County (C/CAG) Legislative Committee meeting. She invited the community to attend the Reorganization Ceremony at the next City Council meeting on December 1.

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

1. Conference With Legal Counsel—existing Litigation
(Paragraph (1) of Subdivision (D) of Section 54956.9)
Christina Fuentes-MacDougall, Workers’ Compensation Appeals Board Case No.

ADJ11247040; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 10:01 p.m. and reconvened at 10:07 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 10:07 p.m.

5.1 5.1 Minutes
13 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF DECEMBER 1, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed Special Meeting of the City Council of the City of Foster City (City) sitting as said Council of December 1, 2025 was called to order at 6:01 p.m. in the Council Chambers, 620 Foster City Boulevard, Foster City, San Mateo County, California, by Mayor Jimenez.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Bridget Michelsen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

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

1. Conference with Legal Counsel—Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case); and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 6:01 p.m. and reconvened at 6:17 p.m.

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

5.2 5.2 Minutes
14 ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 6:17 p.m.

5.2 5.2 Minutes
15 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF DECEMBER 1, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of December 1, 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. in the Council Chambers, 620 Foster City Boulevard, Foster City, San Mateo County, California, by Mayor/President Stacy Jimenez.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Andrew Brozyna, Public Works Director; Nate Cruz, Finance Director; Derek Schweigart, Parks and Recreation Director; Cory Call, Police Chief; Matt Turturici, Fire Chief; Eric Mackintosh, Deputy Fire Chief; Rob Lasky, IT Manager; Gerardo Delfin, Building Maintenance Worker II; Ryan Michelsen, Video Technician; Bridget Michelson, Video Technician; Shuli Chen, Video Technician; Katherine Estrada; Deputy City Clerk; Austin Walsh, Communications Manager; Joronica Vinluan, Social Media and Communications Assistant; Sandy Loi, Office Assistant; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

NEW BUSINESS
REORGANIZATION OF THE CITY COUNCIL/EMID BOARD OF DIRECTORS.

NOMINATIONS AND ELECTION OF MAYOR/PRESIDENT.

5.3 5.3 Minutes
16 Mayor/President Jimenez opened the floor for nominations for the office of Mayor/President.

Mayor/President Jimenez nominated Art Kiesel.

Hearing no further nominations, Mayor/President Jimenez closed nominations and called for a vote for the election of Art Kiesel to the office of Mayor/President. Motion carried unanimously, 5-0-0.

Mayor/President Jimenez exchanged seats with incoming Mayor/President Kiesel.

NOMINATIONS AND ELECTION OF VICE MAYOR/VICE PRESIDENT.

Mayor/President Kiesel opened the floor for nominations for the office of Vice Mayor/Vice President.

Mayor/President Kiesel nominated Suzy Niederhofer.

Hearing no further nominations, Mayor/President Kiesel closed nominations and called for a vote for the election of Suzy Niederhofer to the office of Vice Mayor/Vice President.

Motion carried unanimously, 5-0-0.

Vice Mayor/Vice President Niederhofer exchanged seats with Councilmember/Director Jimenez and was seated to the right of Mayor/President Kiesel.

The remainder of the Councilmember/Directors were seated in alphabetical order by last name from left to right: Councilmember/Director Jimenez, Vice Mayor/Vice President Niederhofer, Mayor/President Kiesel, Councilmember/Director Sullivan, and Councilmember/Director Venkat.

OATH OF OFFICE TO MAYOR AND VICE MAYOR.

City Clerk Schaus gave the Oath of Office to Mayor Kiesel.

City Clerk Schaus gave the Oath of Office to Vice Mayor Niederhofer.

SPECIAL PRESENTATION TO OUTGOING MAYOR/PRESIDENT JIMENEZ.

The following people addressed the City Council in person:

1. Mariah Kallhof, representing the Office of Assemblymember Diane Papan; and

2. Shankar Kenkre.

On behalf of the City Council, Mayor/President Kiesel presented the plaque to outgoing Mayor/President Jimenez for her service as Mayor/President for the past year and a gift card was presented to outgoing Mayor/President Jimenez’s husband, Thaddeus Jimenez.

5.3 5.3 Minutes
17 Outgoing Mayor/President Jimenez gave an outgoing statement.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin thanked the City Council and the outgoing Mayor for their support throughout the past year.

Councilmember/Director Venkat congratulated Mayor/President Kiesel and Vice Mayor/Vice President Niederhofer on their new positions. She stated she attended the Commute.org Board meeting on November 20.

Councilmember/Director Sullivan stated he attended the Traffic Review Committee meeting and the San Mateo Union High School Board meeting on November 20. On November 21, he attended the Council of Cities meeting in Half Moon Bay. He thanked outgoing Mayor/President Jimenez for her service as Mayor/President during the past year.

Vice Mayor/Vice President Niederhofer thanked Mayor/President Kiesel and her fellow Councilmembers/Directors for voting her as the new Vice Mayor/Vice President.

Councilmember/Director Jimenez shared that there will be a Community Office Hours event with Assemblymember Papan’s office at Audubon Elementary School on Saturday, December 6 at 10:00 a.m.

Mayor/President Kiesel stated he attended the Rethink Waste Board meeting on November 20.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Kiesel adjourned the meeting. Meeting adjourned at 7:07 p.m.

5.3 5.3 Minutes
18 DATE: December 15, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Cory Call, Police Chief
DEPARTMENT: Police
SUBJECT: SOLE SOURCE PURCHASE OF REPLACEMENT MOBILE

RADIOS FOR POLICE DEPARTMENT VEHICLES AND

MOTORCYCLES FROM METRO MOBILE COMMUNICATIONS
FOR $73,463.58

RECOMMENDATION
It is recommended the City Council adopt a resolution authorizing the sole source purchase of replacement mobile radios for police department vehicles and motorcycles from Metro Mobile Communications for $73,463.58.

EXECUTIVE SUMMARY
The existing mobile radios for the Foster City Police Department vehicles and motorcycles were purchased in 2012. The warranty period for the radios was between three to five years and has expired. Given the age of the radios, original parts are scarce, and quality of the radios has diminished. Replacement of the existing radios will be done with modern mobile radios that provide clearer audio, stronger signal coverage, and more reliable connectivity. The replacement radios also feature encryption capabilities, enabling secure communication with a wider range of neighboring agencies while allowing the City to stay compliant as encryption requirements and laws continue to evolve. The mobile radios will be compatible with the new dispatch center equipment and portable radios.

5.4 5.4 Staff Report
19 The replacement Kenwood (NX5800BK) radios will be issued to each police vehicle and motorcycle that requires a mobile radio. They will be purchased from Metro Mobile Communications for a total cost of $73,463.58, which includes radios for the police department vehicles (20) and motorcycles (3), software, licenses, installation, and an extended five-year warranty. Kenwood is the current brand of our mobile and portable radios and will also be the replacement brand.

BACKGROUND/ANALYSIS
Police Officers and staff currently utilize mobile radios to communicate vital information to each other while in the field. The Police Department's existing mobile radios were purchased in 2012 and had an estimated useful life of 13 years. The warranty period for the devices was between three to five years and has expired. Obtaining replacement parts such as brackets, buttons, and microphones is becoming increasingly challenging because parts are scarce, are unreliable and costly.

Mobile radios are a critical communication tool used by police officers to stay connected with dispatch, fellow officers, and other emergency personnel in the field. They enable real-time coordination during routine patrols, emergency responses, critical incidents, and mutual aid situations. These radios are essential for maintaining officer safety, ensuring quick access to information, and providing timely updates during dynamic situations.

Over time, mobile radios are subjected to daily wear and environmental exposure, which can degrade performance and reliability. As technology advances, older models may also become incompatible with updated communication infrastructure or lack features necessary for modern policing, such as secure encryption, GPS tracking, or improved audio clarity. Regular replacement and upgrades ensure police department vehicles and motorcycles are equipped with dependable, critical communication tools that support both operational effectiveness and public safety.

Replacing the outdated radios with the newer models would enhance officer safety, improve interagency communication, and reduce long-term maintenance costs. The new Kenwood radios have the performance and reliability built in. The existing radios are at the end of their service life and lack support for newer communication standards and the durability required for public safety.

The new mobile radios are designed to meet the evolving standards set by the California Department of Justice, which initially mandated full encryption for the transmission of sensitive personally identifiable information (PII). The directive was later revised to allow departments to adopt policies and procedures that limit the transmission of sensitive information in the absence of full encryption. Many agencies now utilize encrypted channels for high-risk incidents and sensitive operations. With these replacement radios, officers will have the ability to access and communicate on those encrypted channels with neighboring agencies.

5.4 5.4 Staff Report
20 The vendor, Metro Mobile Communications, offered National Association of State Procurement Officials (NASPO) pricing, which provided pre-negotiated, low-cost pricing, eliminating the need to issue an RFP. This information was shared with the City Manager. This purchase includes 23 mobile radios, installation, cabling, software licenses, microphones, encryption capabilities, and a five-year extended warranty. The estimated useful life of a mobile radio is 13 years.

If approved by the City Council, the Police Department will promptly deploy this essential equipment to enhance officer safety, ensure reliable communication, and support effective coordination in the field.

California Environmental Quality Act
Purchase of the replacement mobile radios 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 fiscal impact of the proposed resolution is $73,463.58, which includes the addition of an extra radio for the Police Trainer Motorcycle which was not initially included in the Equipment Replacement Fund (ERF) approved budget of $70,000 (Account No. 502- 0110-413-4385). The additional $3,463.58 expense will be paid from the ERF contingency.

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

Attachment 1 - Resolution
Attachment 2 - Metro Mobile Communications Quote

5.4 5.4 Staff Report
21 RESOLUTION NO. _____

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

AUTHORIZING THE SOLE SOURCE PURCHASE OF REPLACEMENT MOBILE

RADIOS FOR POLICE DEPARTMENT VEHICLES AND MOTORCYCLES FROM METRO MOBILE COMMUNICATIONS IN THE AMOUNT OF $73,463.58

CITY OF FOSTER CITY
WHEREAS, the existing mobile radios for Police Department vehicles and motorcycles were purchased in 2012 and have reached their useful life, original parts are scarce, and quality of the radios is diminished; and WHEREAS, mobile radios are essential equipment for police officers' communication, response, and officer safety; and
WHEREAS, communication, compliance, and encryption standards have evolved around the county and state; and
WHEREAS Metro Mobile Communications offers National Association of State Procurement Officials (NASPO) pricing under the City's Municipal Code section 3.04.08 for the mobile radios which provided pre-negotiated, low-cost pricing, eliminating the need for RFP; and
WHEREAS, funding is available and has been appropriated in the FY 2025/2026 Equipment Replacement Fund (ERF) budget, Account No. 502-0110-413-4385; and WHEREAS, additional funding of $3,463.58 was approved by the City Manager from the FY 2025/2026 Equipment Emergency Replacement Fund, Account No. 502-0110-413-4385.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the sole source purchase of replacement mobile radios for police department vehicles and motorcycles from Metro Mobile Communications in the amount of $73,463.58.

5.4 Attachment 1- Resolution
22 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of December, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ART KIESEL, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 1- Resolution
23 Quote Date: 11/21/2025
Sales Order # 49441
Bill To:

CITY OF FOSTER CITY, POLICE DEPT

ACCTS PAYABLE
1030 E HILLSDALE BLVD
FOSTER CITY, CA 94404
Ship To:

Captain Mark Lee
Foster City Police Department
650-286-3332
[email protected]
PO # TBD Rep: SINGR Terms: Net 30
Sched Ship Date: TBD
Authorized Purchaser Signature
Total
Subtotal
Sales Tax (9.625%)
650-367-1992
This quote valid for 30 days.
_______________
Date
_________________________
Date
_______________
MMC Rep Signature
______________________________
[email protected]
1140 Old County Road, Suite A
Belmont, CA 94002-3919
Qty Item Id Description Unit Price Extended Price
23 EQUIPMENT Kenwood NX-5800BK UHF Mobile Radio 956.00 21,988.00T OTHER 5AFM Remote-Mount Package with Full Featured
KCH-20RM Front Panel
23 1,254.00 28,842.00T
23 OTHER KWD-5100CV P25 Conventional License Key 683.20 15,713.60T 23 OTHER KWD-AE31K AES Encryption Module 737.20 16,955.60T 20 OTHER KCT-46 Ignition Sense Kit 18.30 366.00T
20 OTHER KAP-2 PA Relay Function 84.30 1,686.00T
23 WARRANTY Limited Manufacturer Warranty NX5800BK--Three (3) Years 0.00 0.00 23 WARRANTY Replacement Warranty Kenwood Accessories--One (1) Year 0.00 0.00 1 NASPO NASPO #02702 30% Discount (Kenwood Products Only) -25,740.96 -25,740.96T 23 OTHER Labor: L-5008 Factory Install KWD-AE31K 81.00 1,863.00T 23 OTHER Labor: L-5029 Factory Configure Radio Package 81.00 1,863.00T 20 OTHER Labor: L-5019 Factory Install KAP-2 PA Relay Kit 27.00 540.00T SERVICE Labor: MMC install KWD-5100CV, Ignition Sense Kit, Program, Assemble, and Certify Radio
23 75.00 1,725.00
23 WARRANTY Extended MMC Warranty NX5800BK--Five (5) Years 65.00 1,495.00 1 SHIPPING Shipping---inbound to MMC--no charge per NASPO contract 0.00 0.00 $73,463.58
$67,296.24
$6,167.34

5.4 Attachment 2- Metro Mobile Communications Quote
24 4928-9378-3422 v1
DATE: December 15, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Nori Jabba, Housing and Sustainability Manager
DEPARTMENT: Community Development
SUBJECT: AGREEMENTS WITH HABITAT FOR HUMANITY GREATER SAN FRANCISCO, INC. AND REBUILDING TOGETHER PENINSULA
TO MANAGE 2023-2031 HOUSING ELEMENT PROGRAMS; AND
APPROPRIATIONS TO FUND THE TWO (2) PROGRAMS

RECOMMENDATION
It is recommended that the City Council take the following actions as part of the adopted 2023-2031 Housing Element (HE) Program Implementation: (1) Adopt the attached Resolution (Attachment 1) authorizing the Mayor to execute an Agreement with Habitat for Humanity Greater San Francisco, Inc. (“HGSF”) for the Home Rehabilitation Program in an amount not to exceed $861,750, to issue loans and provide construction services for lower income homeowners to implement HE Program H-B-2-a, Lower-Income Homeowner Rehabilitation Loans; approving an appropriation of $861,750 from the Commercial Linkage Fee Fund (Fund 137) to 137-0847-419-42-51; and find the agreement exempt from the CEQA pursuant to sections 15061(b)(3) and 15301; and (2) Adopt the attached Resolution (Attachment 2) authorizing the City Manager to execute an Agreement with Rebuilding Together Peninsula (“RTP”) for the Minor Home Repair Program in an amount not to exceed $17,500 to manage construction and administer grants for minor home repairs for very low income homeowners to implement HE Program H-B-2-b, Facilitate Non-Profit Rehabilitation/Maintenance Assistance (Exhibit 2- A); approving an appropriation of $17,500 from the Commercial Linkage Fee Fund (Fund 137) to 137-0847-419-42-51; and (3) find the agreement exempt from the CEQA pursuant to sections 15061(b)(3) and 15301.

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25 4928-9378-3422 v1

EXECUTIVE SUMMARY
The Housing Element is an integral part of the Foster City General Plan, which identifies the City’s housing needs, states the City’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs necessary to achieve them. The two (2) HE Programs relevant to this staff report include:

1. H-B-2-a, Lower-Income Homeowner Rehabilitation Loans (page HE-84 of adopted 2023-31 Housing Element)
The City will provide or partner with a regional program to provide rehabilitation loans, energy improvements such as weatherization or solar, disaster assistance programs, and proactive outreach to lower-income homeowners.

Responsible Agency: Community Development Department
Timeframe: Implement program by December 2024
Funding Source: Affordable Housing Fund
Quantifiable Objective: 18 new loans by 2031 or three (3) per year, half of which being very low income and half of which being low income.

This program is referred to as the “Home Rehabilitation Program” in this staff report.

2. H-B-2-b, Facilitate Non-Profit Rehabilitation/Maintenance Assistance (page HE-85 of adopted 2023-31 Housing Element)
The City will initiate a rebate program to provide up to $5,000 in funding to very lowincome homeowners who cannot otherwise afford the repairs. Eligible repairs include weatherization of doors and windows, repair of broken doors and windows, installation of smoke detectors, replacement of water heaters, electrical/mechanical work, plumbing repairs, solar photovoltaic, and accessibility improvements. The City will identify possible non-profit organizations (such as Rebuilding Together Peninsula, churches, service clubs, or Girl or Boy Scouts) that can provide assistance/proactive outreach and will provide information on the City’s website and handouts at City Hall.

Responsible Agency: Community Development Department
Timeframe: Implement program by December 2024
Funding Source: Affordable Housing Fund
Quantified Objectives: six (6) units improved with assistance by 2031, or one very low-income owner unit improved with assistance per year.

This program is referred to as the “Minor Home Repair Program” in this staff report.

Government Code Section 65400 requires each jurisdiction to prepare an annual progress report (APR) on the jurisdiction’s status and progress in implementing its

5.5 5.5 Staff Report
26 4928-9378-3422 v1
housing element. Each jurisdiction’s APR must be submitted to HCD and the Governor’s Office of Planning and Research (OPR) by April 1 of each year (covering the previous calendar year). The California Department of Housing & Community Development (HCD) has created the Housing Accountability Unit to enforce Housing Elements and ensure that jurisdictions follow through with their Housing Element commitments by implementing their goals, policies, and programs.

On September 3, 2024, the City Council approved the application for $4,675,000 for a Notice of Funding Availability (NOFA) for the 2024 Local Housing Trust Fund (LHTF) Program by HCD and authorized matching funds to be transferred from the Commercial Linkage Fee Fund (Fund 137) to LHTF (Fund 145) upon notification of approval of the application for the implementation of three (3) HE programs, including H-B-2-a. At the time, the City Council approved $1,000,000 in matching funds for the program H-B-2-a.

However, the City was not granted the award. Staff did not carry over the funds to FY 25-26, as we did not have a vendor to enter into an agreement.

The implementation of both programs requires collaboration with third parties. In order to stay on track for the timely implementation of the two (2) programs mentioned above, staff issued an Request for Proposal (RFP) for vendors and, after reviewing the responses, recommends that the City Council adopt the attached Resolutions (Attachments 1 and 2) authorizing the execution of two (2) agreements and associated appropriations as follows:

1. Habitat for Humanity Greater San Francisco, Inc. in the amount of $861,750 for HE Program H-B-2-a; and

2. Rebuilding Together Peninsula in the amount of $17,500 for HE Program H-B-2- b.

BACKGROUND AND ANALYSIS
Chapter 2, Housing Needs Assessment of the Housing Element, discusses various housing need issues, contributing factors, and meaningful actions to be taken by the City, including targets and a timeline for the actions (Table 1).

Table 1. Excerpt of Housing Needs Action Plan
(Source: Table 2-3, Page HE-26 of the adopted 2023-2031 Housing Element) Housing
Needs Issue
Contributing
Factors
Meaningful
Actions Targets and Timeline
Provide assistance to lower-income
homeowners:

Homeownership
costs are out of
reach for
households
earning a low or
moderate
income
Growth in sales prices
has outpaced income
growth
H-B-2-a: Lower
Income
Homeowner
Rehabilitation
Loans
18 new loans by 2031,
half very low income
and half low income

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27 4928-9378-3422 v1
H-B-2-b: Facilitate
NonProfit
Rehabilitation/
Maintenance
Assistance
6 units improved with
assistance by 2031, or
1 unit improved with
assistance per year
Difficulties are
compounded with low
income, racial
discrimination, need
for supportive
services, and other
factors
Provide housing that addresses special
needs for accessibility and supportive
services:

H-B-2-A: Lower
Income
Homeowner
Rehabilitation
Loans
18 new loans by 2031,
half very low income
and half low income
Persons with
disabilities face
additional
housing
challenges
Persons with
disabilities often need
extremely lowincome housing H-B-2-b: Facilitate
NonProfit
Rehabilitation/
Maintenance
Assistance
6 units improved with
assistance by 2031,
or 1 unit improved
with assistance per
year
Housing Element programs

1. H-B-2-a, Lower-Income Homeowner Rehabilitation Loans (Home Rehabilitation Program)
The Home Rehabilitation Program requires the City to provide or partner with a regional program provider to offer rehabilitation loans, energy improvements (such as weatherization or solar), disaster assistance programs, and proactive outreach to lower-income homeowners. The Home Rehabilitation Program calls for 18 loans, comprising nine (9) very low-income loans and nine (9) low-income loans to be issued by 2031.

RFP Process:

On September 15, 2025, staff issued an RFP for the Home Rehabilitation Program (see link), including the following two (2) main tasks:
• TASK 1: Issue and manage 9 loans to low and very low-income Foster City homeowners for home rehabilitation projects.
• TASK 2: Manage the construction of home rehabilitation projects for which loans are issued.

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28 4928-9378-3422 v1
Additionally, the RFP included program guidelines for the Home Rehabilitation Program.

The RFP was posted on the City’s website, and an email soliciting proposals was sent to multiple recipients, including the Housing Endowment and Regional Trust of San Mateo County (HEART), Meriwest Credit Union, AmeriNat, Habitat for Humanity Greater San Francisco (HGSF), Together Peninsula, Thrive Alliance for Nonprofits, Housing Leadership Council of San Mateo County, and HIP Housing.

Responses to RFP:

Staff received one (1) proposal for the Home Rehabilitation Program from HGSF (Attachment 3). Staff reviewed the proposal and noted that HGSF has extensive experience in administering home rehabilitation and repair programs.

Selected Vendor:

HGSF is a 501(c)(3) organization and one of approximately 1,000+ registered U.S. affiliates of Habitat for Humanity International. It was formed in August 2008 through the merger of Peninsula Habitat for Humanity and Habitat for Humanity San Francisco. HGSF’s Home Preservation Program is active in the City of Daly City, the City of Redwood City, and Menlo Park’s Belle Haven neighborhood. Over the last four (4) years, HGSF has completed 56 rehabs or repairs, valued at up to $75,000, as part of the Home Preservation Program.

HGSF reviewed the City’s program guidelines and input. HGSF also proposed partnering with AmeriNat for loan servicing, as they have on other Home Preservation programs. AmeriNat, based in Minnesota, provides loan servicing and other financial services to government entities, nonprofits, and financial institutions, with extensive experience in servicing affordable housing loans, including single-family and multifamily loans with diverse structures. AmeriNat currently manages 50,000 loans in 47 states. HGSF has partnered with AmeriNat on other loan programs for cities in the Bay Area, including Daly City.

Table 2 shows the vendor costs to manage the loan program and Table 3 shows a summary of the program.

Table 2. Home Rehabilitation Program: Proposed Vendor Fees for Nine (9) Loans Fee Amount per Loan Total – 9 Loans
Loans (maximum per loan) $75,000 $675,000
Vendor Administration (25%) $18,750 $168,750
Vendor Lending & Loan Initiation $2,000 $18,000
Total per Approved Loan $95,750
Total Agreement $861,750
Table 3: Summary of the Home Rehabilitation Program, HE Program H-B-2-a

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29 4928-9378-3422 v1
Program Description Summary
HE Program Lower-Income Homeowner Rehabilitation Loans
HE goal 18 loans by 2031, half of which are very low-income loans and half low-income loans
Vendor Name Habitat for Humanity Greater San Francisco
Contract Amount $861,750
Scope of Work • Issue nine (9) loans to eligible homeowners • Provide rehabilitation/construction services for the
approved loans.

Term of Agreement 3 years with a renewal option of 3 years Loan terms Up to 30 years, 0% interest, no application fee, no down payment, payments deferred for up to 30 years. Loans can be extended to a maximum of 30 years.

Repayment of Loans to
the City of Foster City
Upon expiration of loan term or eligible repayment event such as sale of the home
Minimum and Maximum
Loan Amounts
Minimum of $25,000, maximum of $75,000
Examples of eligible
project work
Kitchen or bathroom remodel, roof repair or replacement, window repair or replacement, interior or exterior painting, flooring repair or replacement, photovoltaic panel
installation, energy improvement work, and other
rehabilitation work as stated in the program guidelines.

Applicant Income Level
and eligibility
requirements
Very low income (<50% of Area Median Income (“AMI”) for up to nine (9) loans or low income (<80% of AMI) for up to nine (9) loans; applicants must be an owner of the home.

The home must be a single-family residence, duplex, or
condominium in the City of Foster City. The home must be owner-occupied.

Additional Program Fees Project management and administration: $6,250 to $18,750 per project (25%); lending and loan initiation: and $2,000 per loan.

Total Program Budget $861,750
The HE Program requires the City to issue 18 loans by 2031. Currently, staff is proposing that the agreement with HGSF is for three (3) years, with a maximum amount of $861,750 for nine (9) loans. Staff is recommending that the City Council authorize a contract with HGSF for a period of three (3) years, with an option to renew the Agreement for an additional three (3) years.

Prior to the expiration of the Agreement, staff will re-evaluate the program funding, vendor performance, and community needs, and propose any necessary adjustments for the potential renewal of the Agreement to ensure that the City meets its HE goal of 18 loans by 2031.

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30 4928-9378-3422 v1

2. H-B-2-b, Facilitate Non-Profit Rehabilitation/Maintenance Assistance (Minor Home Repair Program)
The Minor Home Repair Program is designed for low-income homeowners (those earning less than 50% of Area Median Income) to keep their homes in good condition by providing funding and minor home repair services of up to $5,000 per home through a nonprofit organization.

RFP Process
On September 15, 2025, staff issued an RFP for the Minor Home Repair Program (see link), including the following two (2) main tasks:
• TASK 1: Issue and manage a minimum of three and up to six (6) awards of up to $5,000 each for minor repairs for very low-income Foster City homeowners for minor home repair and maintenance projects.
• TASK 2: Manage the repair and maintenance construction projects for which awards are issued.

Additionally, the RFP included program guidelines for the Minor Home Repair loan program.

The RFP was posted on the City’s website, and an email soliciting proposals was sent to multiple recipients, including the Housing Endowment and Regional Trust of San Mateo County (HEART), Habitat for Humanity Greater San Francisco (HGSF), Rebuilding Together Peninsula, Foster City Lions Club, Thrive Alliance for Nonprofits, Housing Leadership Council of San Mateo County, HIP Housing, and the Peninsula Clergy Network. Staff received one response from Rebuilding Together Peninsula.

Responses to RFP:

Staff received one (1) proposal for the program from RTP (see Attachment 4). Staff reviewed the proposal and noted that RTP has extensive experience in administering minor home repair programs.

Selected Vendor:

Since 1989, RTP, a nonprofit 501(c)(3) organization, has provided renovation and repair services for the peninsula’s most vulnerable homeowners, including seniors, veterans, individuals with disabilities, and families with children. Each year RTP improves approximately 130 homes. More information about RTP can be found here: Rebuilding Together Peninsula. Table 4 shows the RPT’s costs to manage the Minor Home Repair Program. Table 5 provides a program summary.

Table 4. Minor Home Repair Program: Proposed Vendor Fees Fees to Rebuilding Together Peninsula
Fund 137
Total

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31 4928-9378-3422 v1
Awards – Amount paid to vendor $15,000
Program Administration – paid to Vendor $2,500
Total Agreement Maximum $17,500
Table 5. Summary of the Minor Home Repair Program, HE Program H-B-2-b Program Description Summary
HE Program Name Facilitate Non-Profit Rehabilitation/Maintenance Assistance
HE goal 6 homes improved by 2031, or one per year
Recommended vendor Rebuilding Together Peninsula
Recommended Contract
Maximum
$17,500 for at least 3 and up to 6 awards
Scope of Work Issue awards to eligible homeowners and provide repair/construction services.

Term of Agreement 2 years with the option to renew for one year Maximum Award Amount $5,000
Examples of eligible project
work
Eligible repairs include weatherization of doors and
windows, repair of broken doors and windows,
installation of smoke detectors, replacement of water
heaters, electrical/mechanical work, plumbing repairs,
solar photovoltaic installation, accessibility
improvements, and other repair or maintenance work
as stated in the program guidelines. Repairs for the
program may be combined with other rehabilitation
work performed on the home by the vendor as part of
a larger project.

Applicant Income Level Very low income (<50% of Area Median Income) Total Program Budget $17,500
The Minor Home Repair program requires the City to improve six (6) homes through the program by 2031. Currently, staff is proposing that the agreement with RTP is for two (2) years, with a maximum amount of $17,500.

Prior to the expiration of the Agreement, staff will re-evaluate the program funding, vendor performance, and community needs and propose any necessary adjustments for the potential renewal of the Agreement to ensure that the City meets its HE goal of six (6) homes improved by 2031.

Budget Appropriation Request for Both Programs

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32 4928-9378-3422 v1
Staff is requesting $879,250 from Fund 137 for the two (2) program agreements as shown in Table 6. It shall be noted that Fund 137 has a balance of $5,775,576.10 as of October 31, 2025.

Table 6. Appropriation Request
Fund and Line-Item Number Fund and Budget Line-Item
Description
Total

1 Commercial Linkage Fees, Fund
137, Account Number 137-0842-
419-42-51
Home Rehabilitation
Program, H-B-2-a
$861,750
2 Fund 137, Account Number 137-
0842-419-42-51
Minor Home Repair
Program, H-B-2-b
$17,500
Total Appropriation Requested from Fund 137 $879,250
Next Steps
If approved by the City Council, the next steps include executing the two (2) agreements, developing loan documents for the Home Rehabilitation Program, and preparing promotional materials. Funding will be made available to eligible applicants in early 2026.

CEQA
The proposed actions would authorize the implementation of rehabilitation and repair programs, which would mostly be administrative and not result in physical changes to the environment and would be exempt pursuant to CEQA Guidelines Section 15061(b)(3).

Both the Home Rehabilitation Program and Minor Home Repair Program will enable a homeowner to make minor repairs to their existing home or rehabilitate their existing home, which would be categorically exempt pursuant to CEQA Guidelines Section 15301, as the repair or rehabilitation of existing homes will involve negligible or no expansion of existing or former use.

FISCAL IMPACT
Staff is requesting a total appropriation of $879,250 to Account Number 137-0847-419- 42-51. Currently, there is approximately $5.7 million available in the fund balance which is sufficient to absorb this supplemental appropriation.

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

Attachment 1 - Resolution - Home Rehabilitation Program Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco

5.5 5.5 Staff Report
33 4928-9378-3422 v1
Attachment 2 - Resolution - Minor Home Repair Program
Exhibit 2-A - Agreement with Rebuilding Together Peninsula Attachment 3 - Proposal - Habitat for Humanity Greater San Francisco Attachment 4 - Proposal - Rebuilding Together Peninsula

5.5 5.5 Staff Report
34 RESOLUTION NO. _______

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HABITAT FOR

HUMANITY GREATER SAN FRANCISCO (HGSF), FOR THE HOME REHABILITATION PROGRAM IN AN AMOUNT NOT TO EXCEED $861,750, TO ISSUE LOANS AND

PROVIDE CONSTRUCTION SERVICES FOR LOWER INCOME HOMEOWNERS TO IMPLEMENT PROGRAM H-B-2-A OF THE 2023-2031 HOUSING ELEMENT; APPROVING AN APPROPRIATION OF $861,750 FROM COMMERCIAL LINKAGE FEE FUND (FUND 137) TO ACCOUNT NUMBER 137-0847-419-42-51; AND FIND

APPROVAL OF THE PROGRAM EXEMPT FROM THE CEQA PURSUANT TO SECTION 15061(B)(3) and 15301

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that identifies the City’s housing needs, states the City’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs; and WHEREAS, Government Code Section 65400 requires each jurisdiction to prepare an annual progress report (APR), due to the California Department of Housing Community Development (HCD) by April 1, on the jurisdiction’s status and progress in implementing its housing element; and
WHEREAS, the Housing Element includes Program H-B-2-a, Lower-Income Homeowner Rehabilitation Loans, to provide or partner with a regional program to provide new rehabilitation loans, energy improvements such as weatherization or solar, disaster assistance programs, and proactive outreach to lower-income homeowners, and the quantified objective to issue 18 new loans by 2031, or three (3) per year, half of which being very low income and half of which being low income; and WHEREAS, the implementation of the program requires collaboration with third parties; and
WHEREAS, staff issued a request for proposals for the Home Rehabilitation Program on September 15, 2025, posted it on the City’s website, and an email soliciting proposals was sent to multiple recipients, including the Housing Endowment and Regional Trust of San Mateo County (HEART), Meriwest Credit Union, AmeriNat, Habitat for Humanity Greater San Francisco (HGSF), Together Peninsula, Thrive Alliance for Nonprofits, Housing Leadership Council of San Mateo County, and HIP Housing; and WHEREAS, staff received one response from HGSF, which will be partnering with AmeriNat for loan servicing; and
WHEREAS, staff reviewed the proposal and noted that HGSF has extensive experience in administering home rehabilitation and repair programs; and

5.5 Attachment 1 - Resolution - Home Rehabilitation Program 35 WHEREAS, staff is proposing that the agreement with HGSF is for three (3) years, with a maximum amount of $861,750; and
WHEREAS, there is approximately $5.7 million available in the fund balance, which is sufficient to absorb this supplemental appropriation.

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

1. Authorize the Mayor to execute an Agreement with Habitat for Humanity Greater San Francisco, Inc. for a three (3) year term in an amount not to exceed $861,750 for the Home Rehabilitation Program to issue loans and provide construction services for eligible Foster City homeowners, with minor amendments that may be approved by the City Attorney.

2. Approve the appropriation of $861,750 from Fund 137 to account number 137- 0847-419-42-51.

3. The Council finds that the approval of the implementation of the Home Rehabilitation Program would be administrative and not result in physical changes to the environment and would be exempt pursuant to CEQA Guidelines Section 15061(b)(3). The Home Rehabilitation Program will enable a homeowner to rehabilitate their existing home, which would be categorically exempt pursuant to CEQA Guidelines Section 15301, as the rehabilitation of existing homes will involve negligible or no expansion of existing or former use.

PASSED AND ADOPTED as a Resolution by the City Council of the City of Foster City at the Regular Meeting held on the 15th day of December 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

ART KIESEL, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

5.5 Attachment 1 - Resolution - Home Rehabilitation Program 36 4912-9665-2919 v4 1

PROFESSIONAL SERVICES AGREEMENT
FOR

CONTRACTOR SERVICES
This Professional Services Agreement for CONTRACTOR Services (“Agreement”) is made and entered into as of the _____ day of ____________, 20___ (“Effective Date”) by and between the City of Foster City hereinafter called "CITY" and HABITAT FOR HUMANITY GREATER SAN FRANCISCO, INC. hereinafter called "CONTRACTOR".

CITY and CONTRACTOR are each a “Party” and are collectively the “Parties” to this Agreement.

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

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination.
(a) The term of this Agreement shall commence upon the date hereinabove written and shall expire December 31, 2028 (“Term”). City shall have an option for a threeyear renewal which may be exercised by City in its sole discretion by December 1, 2028 (“Additional Term”). If exercised, the Additional Term shall have an expiration date of December 31, 2031.
(b) Notwithstanding the provisions of (a) above, CITY may with or without cause,

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 37 4912-9665-2919 v4 2
direct CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR demanding such cure, in which case CONTRACTOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination.
(d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONTRACTOR 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.

CONTRACTOR shall continue its work throughout the course of any dispute, and CONTRACTOR’s failure to continue work during a dispute shall be a material breach of this Agreement.
(e) Should City elect to exercise its option to renew the Agreement for a second three-year term, CONTRACTOR will perform the Services with respect to an additional 9 homes during the second three-year period. CONTRACTOR’s compensation during the second three-year period shall be the same as set forth below in Section 3 below, subject only to an adjustment for inflation (or deflation, if applicable) based on changes in the consumer price index for the San FranciscoOakland-Hayward region during the initial three-year term.

3. Compensation; Expenses; Payment. CITY shall compensate CONTRACTOR for all services performed by CONTRACTOR hereunder in an amount based upon CONTRACTOR’s hourly rates during the time of the performance of said services.

A copy of CONTRACTOR’s hourly rates for which services hereunder shall be performed are set forth in CONTRACTOR’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of EIGHT

HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS
($861,750) as set forth in Exhibit B. Invoices for amounts in excess of EIGHT

HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS
($861,750) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses in writing by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 38 4912-9665-2919 v4 3
carried and a written contract amendment having been executed.

Compensation shall be payable within 30 days upon CITY’s receipt of an invoice for the amount stated in Exhibit B. CONTRACTOR agrees to demonstrate diligent progress thereon as stated in Exhibit A. CITY shall not be liable for, and CONTRACTOR shall not be entitled to, any payment for Services performed before this Agreement's execution. Upon termination of this Agreement any money CONTRACTOR has received hereunder that remain unspent due to issuing loans less than the maximum amount, excluding Administrative Fees and Fees for loans that have already been issued, shall be returned to the CITY within 30 days, upon request by the City.

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

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

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

7. Reliance on Professional Skill of CONTRACTOR. CONTRACTOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONTRACTOR to do and perform the work.

In performing services hereunder CONTRACTOR shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONTRACTOR hereunder.

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

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 39 4912-9665-2919 v4 4
CONTRACTOR represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

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

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

9. Relationship of Parties. CONTRACTOR is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONTRACTOR 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 CONTRACTOR’s provision of Services, not the means, methods, or scheduling of the CONTRACTOR’s work. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

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

10. Schedule. CONTRACTOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONTRACTOR’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, CONTRACTOR’s officers or employees.

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

11. Indemnity. To the fullest extent allowed by law, CONTRACTOR hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents (collectively “Indemnitees”),

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 40 4912-9665-2919 v4 5
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 CONTRACTOR or its subcontractors), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, (collectively “Claims”) which may be brought against, or suffered or sustained by any Indemnitees that arise out of, pertain to, or relate to any failure to perform pursuant to the terms of this Agreement, negligence, recklessness, or willful misconduct of CONTRACTOR, 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 CONTRACTOR shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

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

12. Insurance. Prior to execution of this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement. CONTRACTOR shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONTRACTOR 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 CONTRACTOR under this Agreement (or CONTRACTOR shall promptly reimburse CITY for such expense).

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 41 4912-9665-2919 v4 6
CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR.

13. WORKERS' COMPENSATION. CONTRACTOR certifies that it 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 CONTRACTOR certifies that it will comply with such provisions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY and CONTRACTOR 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: Nori Jabba, Housing & Sustainability
Manager
CONTRACTOR: Habitat for Humanity Greater San Francisco
300 Montgomery Street, Suite 450
San Francisco, CA 94104
Attention: Maureen Sedonaen, CEO
Email: [email protected]
Tel. 415-625-1000

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 42 4912-9665-2919 v4 7

16. Reserved.

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

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

19. Governing Law; Venue. 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.

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

21. Conflict of Interest. CONTRACTOR 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, CONTRACTOR represents to and agrees with CITY that CONTRACTOR 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) CONTRACTOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, CONTRACTORs, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONTRACTOR and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement.

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

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 43 4912-9665-2919 v4 8
arising out of or in connection with this Agreement, the Services, or the Project.

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

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

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

24. Force Majeure. Except for defaults of subcontractors at any tier, CONTRACTOR shall not be liable for any excess costs if the failure to perform the Agreement arises from causes force majeure events, as defined below. 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, nuclear accidents, wars, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

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

25. Attorney’s Fees. 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.

26. Compliance with Laws; Prevailing Wage. CONTRACTOR shall carry out, and shall

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use its best efforts to ensure that its employees, volunteers, contractors and subcontractors carry out, the design and construction of all Project activities funded hereunder in conformity with all applicable State of California Labor Code requirements; the City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City of Foster City Municipal Code (“Code”); all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.; that all contractors or subcontractors hired by CONTRACTOR are licensed in the State of California; and that all activities funded hereunder are only performed on property located within the CITY’s corporate limits.

In the performance of its obligations set forth in this Agreement, CONTRACTOR shall have the status of an independent contractor and shall not be deemed to be an employee, agent or officer of the CITY. To the extent State prevailing wage laws apply to the Project, CONTRACTOR shall ensure that it complies with prevailing wage requirements in connection with the design and construction, and rehabilitation contemplated hereunder (the “Work”), that no less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Work shall be paid to all workers, laborers and mechanics employed in the execution of the Work by CONTRACTOR, contractors and subcontractors doing or contracting to do any part of the Work.

Copies of such prevailing rate of per diem wages are available at:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

To the extent applicable, CONTRACTOR, its contractors and subcontractors, shall comply with all requirements of the California Labor Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting wage determinations at each job site); section 1776 (regarding the certification, maintenance, and availability for inspection of payroll records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day’s work as 8 hours of labor); and section 1775 (regarding penalties for violations).

CONTRACTOR shall defend, with counsel reasonably acceptable to CITY, indemnify and hold harmless Indemnitees from and against any Claims arising out of CONTRACTOR’s failure to comply with State of California Labor Code requirements pertaining to the design and construction of the Work. Further, CONTRACTOR shall indemnify and hold harmless the Indemnitees with respect to all final judgments or settlements in actions brought by any “contractor” in which City is (i) determined to be an “awarding body” and (ii) damages are awarded, pursuant to Labor Code sections 1726 or 1781. CONTRACTOR’s defense, indemnity and hold harmless obligations under this section shall survive expiration or termination of this Agreement.

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CONTRACTOR hereby waives, releases and discharges the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR’s obligation to comply with all State of California Labor Code requirements pertaining to the design and construction of the Work. This release applies to all potential future claims by CONTRACTOR on behalf of itself and its agents, representatives, assigns, heirs, spouses, successors-in-interest, executors, administrators, employees, contractors, subcontractors, material suppliers and vendors (“Releasors”), agrees to waive any and all rights pursuant to Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
CONTRACTOR shall include within each of its contracts, subcontracts, and within any other agreements with Releasors involved in the Work, a release in favor of the Indemnitees substantially identical to this Section 26.

27. No Assignment. CONTRACTOR may not assign its rights or obligations under this Agreement without the express written consent of the City, which may be granted or denied in its sole discretion.

28. Authority. The Parties each represent that the signatory has the authority to bind each respective entity, and assents to each and every term contained within this Agreement.

29. No Third Party Beneficiary. It is the intention of the Parties that under no circumstances are any rights created for persons or entities who are not parties to this Agreement under a third party beneficiary theory or under any other theory of law.

30. No Joint Venture. It is expressly understood and agreed that neither Party shall become as a result of this Agreement a partner of the other nor a joint venturer with the other Party in the conduct of such Party’s business or otherwise. This Agreement is not intended, and shall not be construed, to create the relationship of principal and agent, partnership, joint venture, or association as between CITY and CONTRACTOR.

31. Severability. Should any provision of any of this Agreement be found invalid by a court or other body of competent jurisdiction, said invalidity or ineffectiveness shall not affect the validity of the remaining provisions of this Agreement which shall remain in force to the maximum extent possible.

32. Interpretation. The Parties acknowledge that each Party and its counsel have

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reviewed and revised this Agreement and that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any document executed and delivered by either Party in connection with this Agreement. The captions in this Agreement are for convenience of reference only and shall not be used to interpret such Agreement. The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval,” “consent” and “notice” shall be deemed to be preceded by the word “written.”

33. Successors and Assigns. Subject to the restrictions on assignment set forth in Section 27 above, all of the terms, covenants and conditions of this Agreement shall be binding upon CITY and CONTRACTOR and their respective permitted successors and assigns.

34. Further Assurances. From and after the Effective Date of this Agreement, the Parties agree to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to timely complete the actions contemplated by this Agreement.

35. Entire Agreement. This Agreement, including Exhibits A, A-1, B, C, and C-1 comprises the entire Agreement.

36. Counterparts. This Agreement may be executed in any number of counterparts and by different Parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement.

SIGNATURES ON NEXT PAGE

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

CITY OF FOSTER CITY
Dated: ____________________________________
Stacy Jimenez, Mayor
ATTEST:

Dated: ____________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONTRACTOR
Dated:

Maureen Sedonaen, Chief Executive Officer
Habitat for Humanity Greater San Francisco
Email: [email protected]

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EXHIBIT A

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

DELIVERABLES FOR

CITY OF FOSTER CITY HOME REHABILITATION PROGRAM

SCOPE OF WORK

1.0 Basic Services
HABITAT FOR HUMANITY GREATER SAN FRANCISCO (“CONTRACTOR”) will provide services of program administration, distribution of loan funding, and performance of construction work for the City of Foster City (“City” or “CITY”) Home Rehabilitation Program.
a) Program Summary: Foster City’s Home Rehabilitation Program uses a CONTRACTOR to aid in the preservation of homes owned by low and very lowincome households in Foster City. The City provides funding for the Program and CONTRACTOR manages the loan Program, serves as the lender, and manages and provides construction services for each project.
b) Program Goal and Scope of this Agreement: The goal of the City’s 2023-2031 Housing Element Program H-B-2-a (“Program”) is to finance 18 home repair loans by December 31, 2031. Nine (9) of these loans are to be issued to low-income households, and nine (9) are to be issued to very low-income households. Nine (9) of the loans, and the projects they finance, are to be completed by December 31, 2028. The scope of this Agreement is for financing and repair of nine (9) lowincome rehabilitation projects comprised of at least four (4) very low-income rehabilitation projects and at least four (4) low-income rehabilitation projects and the ninth project being either very low-income or low-income. c) Program Funding: Funding for this Agreement shall be $675,000 loans, excluding CONTRACTOR fees and lending and servicing fees. The objective will be to issue nine (9) loans for the term of the Agreement with the CONTRACTOR. d) CONTRACTOR Fees: City shall pay CONTRACTOR fees for program management, including loan administration and construction management, as described in Exhibit B of this executed Agreement.
e) Program Participants: participants in the program include a) City of Foster City (“City”): provides funding for loans and helps promote the Program; b) CONTRACTOR: administers and manages the program, makes loans, serves as construction manager for rehabilitation projects; c) Low and very low-income Foster City homeowners (“Homeowner” or “Applicant”): commit to repayment of the loan upon expiration of the loan or another repayment event, as defined in the Program Guidelines attached hereto as Exhibit A-1, which are hereby incorporated

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into Exhibit A and the Agreement (“Program Guidelines”). f) Program Period: the Home Rehabilitation Program will start by January 1, 2026, and continue until December 31, 2028, to coincide in part with the 2023-2031 Housing Element cycle. The City may elect to extend the Program through the next Housing Element Cycle. The City will re-evaluate program needs and funding for years 2029-2031.
g) Scope of Work for Additional Term: If City exercises its right to extend for an Additional Term, the renewal shall be for an additional nine (9) loans to complete the Program goal of 18 loans with nine (9) being very low income and (9) being low income.

2.0Program Provisions

2.1CONTRACTOR will perform the Services consistent with the Program Guidelines.

2.2Program Applicants: The City And CONTRACTOR will both invite Foster City Homeowners to apply to the Program. The City will promote the Program using a variety of methods including methods such as advertising in the Islander and the City’s newsletter, social media, and the City’s website, and direct mail to targeted census tracts.

CONTRACTOR will conduct outreach to potential program participants through a robust range of touch points including presentations and flyers to community and faith-based organizations, direct mail, email, and social media.

2.3Application Processing: CONTRACTOR will process applications, loan and project approvals, issue and administer loans pursuant to CONTRACTOR’S application processing procedures and consistent with the Program Guidelines.

CONTRACTOR shall submit a copy of its application processing procedures to City before commencing application processing for review and approval by the City.

2.4Application Selection: Selection will be made consistent with the process described in the Program Guidelines. CONTRACTOR will hold a lottery, or other method approved by the City, to select Applicants to apply for the Program and create a waitlist or interest list.

2.5Loan Terms

2.5.1 Loan Terms will be consistent with the requirements of the Program Guidelines.

2.6Loan Underwriting and Servicing

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a) CONTRACTOR will underwrite and issue loans according to approved Program Guidelines.
b) CONTRACTOR will monitor and implement repayment events. A repayment event, including the expiration of the loan, breach of the Program rules, sale of the property, and other factors as specified in the Program Guidelines, require repayment of the loan in full.
c) CONTRACTOR will process Loan repayments that occur prior to termination of this Agreement with repayments being transferred to a Loan Fund established by CONTRACTOR for use and re-use of funds. Issuing of new loans will end at the termination of the Agreement with the CONTRACTOR unless a renewal is executed. At the end of the three (3)-year grant period, any funds in the reuse account will remain there at termination of Agreement. At the City’s discretion, the Loan Fund will be transferred to the City.

2.7Construction Provisions
a) CONTRACTOR will manage and perform construction using CONSULTANT’S spec book of materials, finishes, and fixtures to address critical repair needs of the home.
b) CONTRACTOR’s construction team includes their employees and contractors, and, at their discretion, volunteers, if applicable and the homeowner agrees.
c) CONTRACTOR will maintain a valid business license with the City of Foster City during the term of the Agreement.
d) CONTRACTOR will comply with prevailing wage laws, to the extent applicable, including without limitation Labor Code sections 1771 and 1720 et seq. CONTRACTOR will comply with any associated registration, recordkeeping and reporting requirements to the extent required by law.

3.0Payments
a) CONTRACTOR will issue loans to eligible applicants by the expiration of this Agreement.
b) CONTRACTOR will refund any unused loan funds and management fees to the City within 30 days of the termination of this Agreement, in an amount requested by the City. Funds remaining in the reuse account at the City’s request, would be covered in a separate agreement with CONTRACTOR to retain the management of a specified amount of funds to perform additional home repairs.

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c) CONTRACTOR is responsible for disbursing loans to homeowners and obtaining proper documentation and receipts, or, if work is performed by CONTRACTOR, keeping appropriate accounting records.

4.0Reporting
CONTRACTOR shall submit annual reports to the City of Foster City per the Program Guidelines.

5.0 Contacts
CONTRACTOR contacts for this Agreement are as follows:
• Home Repair Operations: Home Preservation Construction Manager and Vice President of Construction
• Program Outreach: Senior Home Preservation Outreach Specialist • Contracts, Grants, and Compliance: Director of Public Funding and Grants • Loans and Servicing: Senior Loan Officer
• Accounting and Billing: Accounting Manager
• Chief Executive Officer: Maureen Sedonaen: [email protected]

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EXHIBIT A-1

PROGRAM GUIDELINES
PART ONE: APPLICANT AND PROPERTY REQUIREMENTS

1. Applicant Qualifications
o The Applicant is one of the owners on title of the Property o The Property is the primary residence of the one of the owners. o The Applicant does not have any other loans issued through or by the City of Foster City.
o The Applicant’s household income at time of application does not exceed the MTSP HERA Special Income limits for the household size at 50% AMI for very low-income households or 80% AMI (HUD) for low-income households. o Applicant agrees to allow CONTRACTOR to certify their income using CONTRACTOR’s standard income certification process.

2. Eligible Properties
o The property is a single dwelling unit, attached or detached or duplex located in Foster City.
o Property taxes must be current and paid in full.
o Mortgage must be in good standing (no defaults or foreclosure). o HOA dues must be current with no outstanding balances. o Property must have current homeowner’s insurance coverage. o There is no other active loan through the City of Foster City for the property. o The property has two or fewer other loans, including a mortgage, and the loanto-value of the loans is no higher than 90% for all loans.

PART TWO: PROJECT ELIGIBILITY

1. Project Requirements
o Projects, including construction, will be managed by CONTRACTOR. o The project meets accessibility requirements, if applicable. o The project complies with local and state building codes and permit requirements. CITY may offer an accelerated permit approval process for these home rehabilitation projects if feasible.
o CONTRACTOR agrees to comply with Federal and State prevailing wage laws, to the extent applicable.

2. Eligible Uses of Loan Funds
o Loan funds may be used for construction materials and labor for rehabilitation of an existing unit. Typical items include but are not limited to window replacement, roof repair or replacement, kitchen remodeling, bathroom remodeling, flooring repair or replacement, energy improvement work, and weatherization improvements. CONTRACTOR may provide homeowners with

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referrals to partners that provide installation of solar photovoltaic panels as a grant to the homeowner.
o Rehabilitation is defined as any construction work or replacement requiring a city-issued permit that does not add square footage to the Property, or work that does not require a city permit that results in an upgrade to the home such as painting, replacing appliances, installation of new hardware, new flooring, or safety-related equipment in bathrooms, etc. Please note that installation must be performed according to the manufacturer’s instructions. o Demolition work necessary for the rehabilitation.
o Site work, such as water/sewer/septic repair or replacement or utility improvements.
o Permit costs beyond those that are waived through participation in this Program.
o Other hard or soft costs approved at the discretion of the City

3. Ineligible Projects/Uses of Funds
o Building additions resulting in additional square footage to the building. o Home renovation, foundation repair, and any work that requires engineering. o Unreasonable costs. CONTRACTOR will determine, in its sole discretion, costs deemed excessive or unreasonable or uses deemed ineligible. Ineligible uses of funding include, but are not limited to, costs associated with construction items or materials of a luxury nature or furnishings.

PART THREE: LOAN TERMS

1. Basic Terms
Loan terms, including term of loan, interest rate, deferred payment schedule or balloon payment, downpayment and other loan terms shall be determined by the City prior to execution of the Agreement with the CONTRACTOR.
a) Minimum loan amount: $25,000 and maximum loan amount: $75,000, including hard and soft costs.
b) Loan term: up to 30 years. Loan terms of less than 30 years may be extended in five (5) year increments up to a maximum of 30 years. c) Interest rate for low-income loans: 0% or as approved by the City in writing Interest rate for very low-income loans: 0%
d) Payments deferred up to 30 years or full payment is due upon repayment event as described below.
+

2. Additional Loan Provisions
o Subordination is permitted to primary mortgage and home equity loan/line of credit (other situations subject to written approval by the City). o Loan signatories: all individuals on title shall sign the Loan Documents.

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o Non-occupant parents, ex-spouses, siblings, and/or children who are listed on title to the real Property or as registered owners of the unit will be required to co-sign the Loan Documents and shall be equally liable to repay the Rehabilitation Loan. o The rehabilitation work must be completed within 12 months of loan approval.

Completion is defined as the date of issuance of signed permit card or certificate of occupancy.
o Loans to be secured by Deed of Trust.

3. Repayment events
The loan shall be payable in full to CONTRACTOR, to be held in a reuse account, with any accrued interest, within 30 days of any of the following events:
1) The loan expires without execution of an extension.
2) There is a change in Property ownership: the unit or any interest therein is sold, conveyed, or transferred, other than a Permitted Transfer. A Permitted Transfer includes:
a. Transfer to a surviving joint tenant;
b. When a spouse or domestic partner becomes an owner of the home with the original borrower;
c. Transfer to a surviving spouse or surviving domestic partner; d. Transfer to a spouse because of a divorce decree; and e. Transfer to surviving children of a deceased borrower who also meet income eligibility requirements.

The Homeowner passes away and the Loan is not assumed by another eligible borrower.
3) The Property is no longer Owner-Occupied. “Owner-Occupied” means that the Borrower occupies, and continuously maintains, the Property as his or her principal residence, except in limited circumstances. The Borrower must physically reside in the Property as the primary place of residence and must not lease, rent, or otherwise vacate the Property without the prior written consent of the CONTRACTOR. The Property shall not be considered OwnerOccupied if it is used as an investment, second home, or rental property. 4) The lot is split.
5) The Homeowner breaches one or more provisions of the Loan Documents that remains uncured for 30 or more days.
6) Property taxes or mortgage on the Property become delinquent. 7) The Homeowner fails to maintain or provide proof of hazard insurance for the Property.

4. Cancellation
In the event that a loan is not completed, the CONTRACTOR may elect to charge the applicant a cancellation fee if the provision for the fee is included in the executed loan documents. Cancellation fees shall then be paid to CONTRACTOR by applicant to replenish the program fund.

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PART FOUR: SELECTION PROCESS

1. Selection Process
o CONTRACTOR will manage the application and lottery process to create a waitlist, or other process approved by the City.
o Application deadlines shall be set by CONTRACTOR.
o Applications meeting the following criteria will receive a preference:
1) The Property is located in census tract with geographic targeting for disabilities (6080.25 or 6083) and/or the Applicant falls into one or more of the following demographic categories: a veteran of the US Armed Forces; someone with a disability; a senior, aged 62 or over, and/or Applicant is a participant in or will participate upon completion of the rehabilitation project in the HIP Housing’s Home Sharing Program..
2) Second Priority: All other income-qualified Applicants.

2. Steps in Processing Applications:
a) Applicant submits a Program application to CONTRACTOR by the application deadline. The application shall include Homeowner information, property information, and income data. There is no application fee for this program. b) CONTRACTOR sorts applications by preference category, runs a digital lottery to create a waitlist, or other method approved by the City, and notifies applicants of their place on the waitlist. Applicants that are not selected for eligibility review will remain on the waitlist. Applicants are responsible for providing current contact information.
c) CONTRACTOR notifies Applicants in preference waitlist order to initiate the application eligibility review process.
d) Upon CONTRACTOR’s approval of the application, CONTRACTOR will provide pre-approval authorization and reserve available Loan funds for the individual project after construction contract is signed.
e) CONTRACTOR will conduct project feasibility, schedule, and cost estimate report. f) If the project is approved for eligibility, the Applicant and CONTRACTOR will execute Loan and Project Agreements.
g) Homeowners will also have access to no-cost “office hours” with a Technical Assistance advisor to answer any questions about their project. h) CONTRACTOR will obtain all required permits and City approvals and manage construction of the project.
i) CONTRACTOR has 12 months to complete the construction work identified in the Construction Scope of Work from the time that the Loan and Project Agreements are signed.

PART FIVE: LOAN MANAGEMENT PROCESS
CONTRACTOR is responsible for complying with federal and state lending regulations and lending to homeowners who occupy their homes as their primary residence. Below is a list of key tasks and activities CONTRACTOR will manage.

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1. Loan Application Process and Loan Origination
• Underwriting
• Credit reports
• Appraisal or review of recent comparable properties similar in size, location, and condition to the subject property
• Title Reports

2. Determine application eligibility or denial
• Inform homeowner in writing of eligibility or denial

3. Draft and execute loan documents (deed of trust and promissory note) • Preparation of loan documents in consultation with the City of Foster City • Loan education for homeowners
• Disclosures
• Loan closing

4. Draft and Execute loan modification at end of project • True-up
• Change orders

5. Transfer Loan to Servicing
PART SIX: ONGOING OBLIGATIONS

1. Ongoing Homeowner Obligations
Homeowners have the following ongoing obligations during the Application Period and, if approved, during the term of the loan:
o Provide all relevant documentation, within seven (7) days of CONTRACTOR request, for eligibility, including property ownership and financing documentation, income certification and preference verification. o Submit a complete application.
o Execute and comply with all terms of the Loan Agreement and the Project Agreement.
o Notify CONTRACTOR of any of the repayment events as outlined in Table 1 below and submit an annual affidavit that no loan repayment events have occurred in the last year and indicate if any repayment events are anticipated in the next year.
o Pay the loan principal and interest in full to CONTRACTOR upon an eligible Repayment Event.

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Table 1. Repayment Events
# Repayment Event Homeowner must
notify CONTRACTOR
and the City of event
Repayment
Deadline
1 There is a change in Property
ownership: the unit or any
interest therein is sold,
conveyed, or transferred other
than a Permitted Transfer (see
section 3 above)
30 days prior to event Upon date of
close of escrow,
conveyance, or
transfer
2 The Homeowner dies and the
Loan is not assumed by another
eligible borrower
Within 30 days after
event
Within 60 days
after event
3 The Property is no longer
owner-occupied, or the
Homeowner no longer occupies
the unit as their principal
residence for reasons with
limited exceptions
30 days prior to event Within 30 days of
event
4 The loan expires without
execution of an extension. The
loan term may be extended for
five (5) year increments to a
maximum of 30 years.
n/a – CONTRACTOR
will notify Homeowner
Upon expiration
date
5 The lot is split 30 days prior to event Within 30 days of event
6 The Homeowner breaches one
or more provisions of the Loan
or Project Agreement that
remains uncured for 30 or more
days
Within 30 days of
breach
Within 30 days of
event
7 Property taxes or mortgage on
the Property become delinquent
Within 30 days after
event
Within 60 days of
event
8 The Homeowner fails to
maintain hazard insurance for
the Property
Within 30 days after
event
Within 60 days of
event

2. Ongoing Obligations of CONTRACTOR
CONTRACTOR has the following ongoing obligations during the Program Period:
o Determine lottery dates, if applicable, annually and coordinate with the City to ensure promotion of the Program prior to the deadlines. o Manage the application, lottery, and approval process. o Underwrite and administer loans.

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o Submit annual reports to the City on loan and construction activities, including property addresses, loan amounts and terms, construction documents, loan fund balance, cancellations of loans or projects, if any, and other information as requested by the City.
o Maintain application, loan, and project files for a time period according to the City of Foster City’s Records Retention Policy.
o Permit the City to inspect or audit files upon request and with reasonable notice. o Inform the City of any loan repayment events that occur prior to or on date of termination of this Agreement and deposit any loan repayments into a dedicated reuse account.
o Remit to the City within 30 days any remaining unused loan funds after termination of this Agreement, unless the City extends the term of this Agreement.
o Submit invoices to the City of Foster City for CONTRACTOR fees within 30 days of loan approval.
o Provide a warranty for construction work for a minimum of one year. o Coordinate with the City regarding required documentation and support materials for additional opportunities to expand funding for the Program. o Notify the City of each Repayment Event within 30 days of event and remit payment to the City for the full amount of the loan within 60 days of receipt of repayment of the loan, unless the City specifically requests in writing that the funds remain in the reuse account for reuse for loan funding.

3. Ongoing Obligations of The City
The City has the following ongoing obligations during the Program Period:
o Promotion of the Program on the City’s website, social media platforms, electronic billboard, electronic newsletter, etc. as long as funding remains available.
o Payment to CONTRACTOR within 30 days of receipt of invoices. o Continue to seek additional funding opportunities for the Program. o Conduct annual monitoring of loans and administer any repayment events. o Respond to CONTRACTOR regarding any Repayment Events in which the CITY desires to retain the repaid loan funding in the reuse account rather than replenish the City’s Linkage Fee Fund 137.

4. Submit Reporting to City of Foster City on Program Funding a) CONTRACTOR shall submit a spreadsheet to the City of Foster City annually with data for each award including homeowner name, Foster City property address, loan amount, project description, project timeline, and permit data. The report shall be due by January 31 each year.
b) CONTRACTOR shall provide a final report upon the completion of rehabilitation projects. The report shall include the number of homeowners served, names and

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addresses, project descriptions, dates of loans, loan interest rates, loan terms, payments, outstanding payments, and amount of loans for each homeowner.

5. Maintain Records and Documentation
a) For each approved loan, CONTRACTOR shall maintain a copy of the application, eligibility determination documentation, project description, project documentation, a form that shows the total project cost and date of completion of the project and the name of the CONTRACTOR representative who approved the loan, the loan funding amount awarded, receipts or invoices and copies of checks for payments related to the project.
b) CONTRACTOR agrees to keep electronic and/or hardcopy of documentation for a period of five (5) years or as directed by the City to comply with the City’s Records Retention Policy.

6. Program Marketing
a) CONTRACTOR shall market the program on its website and through the distribution of flyers created by the CONTRACTOR and provided to the City, interested parties, for tabling, if applicable, and other means as appropriate. b) CONTRACTOR will coordinate with the City to promote the program on the City’s website, electronic billboard, electronic newsletter, and, if budget permits, through advertising in the Islander and/or direct mail to homeowners in low-income census tracts.

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE

THE CITY OF FOSTER CITY SHALL PAY HABITAT FOR HUMANITY GREATER SAN FRANCISCO (“CONTRACTOR”), THE TOTAL AMOUNT SHOWN BELOW WITHIN 30

DAYS OF RECEIPT OF AN INVOICE FOR THE AGREEMENT EXECUTED ON ___________________.

DESCRIPTION AMOUNT PER LOAN TOTAL – 9 Loans
Loan Funds Minimum of $25,000 and
Maximum of $75,000
$675,000
Administration 25% per loan or a maximum of
$18,750
$168,750
Lending & Loan Initiation $2,000 per approved loan $18,000 Total Contract Amount $861,750
The CONTRACTOR shall deposit funds in a re-use account for loans and administration established by CONTRACTOR. CONTRACTOR shall withdraw funds from the accounts for each project, including loan funds, administration, and lending.

A. Loan Funds

1. Loans shall be issued at a minimum of $25,000 and a maximum of $75,000 per homeowner. Loan fees include hard and soft costs.

B. Administrative Fees

1. Outreach, marketing, and selection are included in the 25% fee.

2. Project Manager and technician fees are included in the 25% fee until Notice to Proceed for a home rehabilitation is issued.

C. Lending and Loan Initiation Fees

1. Fees are $2,000 per loan and include title, credit, loan set-up, and appraisal/comparable sales research. These fees are charged by CONTRACTOR’s subcontractor AmeriNat, which provides certain loan initiation services pursuant to a separate agreement between CONTRACTOR and AmeriNat.

CONTRACT MAXIMUM: $861,750

END OF EXHIBIT B

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EXHIBIT C

INSURANCE FORMS
CONTRACTOR 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__________________, by and between HABITAT FOR HUMANITY GREATER SAN FRANCISCO, INC., hereinafter referred to as "CONTRACTOR”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1. CONTRACTOR's Duty to Show Proof of Insurance. CONTRACTOR, 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 CONTRACTOR's acts, errors, or omissions in connection with the performance of CONTRACTOR's obligations, as required in this Agreement, shall secure and maintain insurance as described below. CONTRACTOR shall not perform any work under this Agreement until CONTRACTOR has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, CONTRACTOR 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, CONTRACTOR 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. CONTRACTOR shall immediately pay any deductibles and selfinsured retentions under all required insurance policies upon the submission of any claim by CONTRACTOR 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

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Property Damage for liability arising out of CONTRACTOR'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. CONTRACTOR shall maintain the ProductsCompleted Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
☒ Business Automobile Liability Insurance
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
CONTRACTOR shall submit written proof that CONTRACTOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. CONTRACTOR shall require any subcontractors to provide workers' compensation for all of the subcontractors' employees, unless the subcontractors' employees are covered by the insurance afforded by CONTRACTOR. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, CONTRACTOR shall provide and/or require each subcontractor to provide adequate insurance for the coverage of employees not otherwise covered.

CONTRACTOR shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.
☒ Installation Floater

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

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

1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, CONTRACTOR, at CONTRACTOR'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 CONTRACTOR'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.

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3. Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by CONTRACTOR shall be maintained until the completion of all of CONTRACTOR's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by CONTRACTOR shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by CONTRACTOR 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. CONTRACTOR shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, nonrenewed, 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 CONTRACTOR is, or becomes during the term of this Agreement, selfinsured or a member of a self-insurance pool, CONTRACTOR 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 CONTRACTOR is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the CONTRACTOR’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 CONTRACTOR’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 CONTRACTOR 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 CONTRACTOR to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by CONTRACTOR. City, at its sole option, may terminate this Agreement and obtain damages from CONTRACTOR resulting from said breach. Alternatively, City may

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 65 4912-9665-2919 v4 30
purchase such required insurance coverage, and without further notice to CONTRACTOR, City shall deduct from sums due to CONTRACTOR any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to CONTRACTOR pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, CONTRACTOR 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 CONTRACTOR of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner-controlled insurance program ("OCIP"), in which case CONTRACTOR 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. CONTRACTOR'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 CONTRACTOR and its subcontractors by virtue of the City's obtaining the projectspecific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of CONTRACTOR's and subcontractors policies.

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

ATTACHED

1. Exhibit C-1: Insurance Coverage Form

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 66 4912-9665-2919 v4 31
EXHIBIT C-1
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

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

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

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

Cyber Liability: Covering network risk and cyber
liability (including coverage for unauthorized access,
failure of security, breach of privacy perils, as well at notification costs and regulatory defense=
Installation Floater: Covering the work performed
under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor,
materials and equipment, including materials and
equipment in transit or away from the project site, to
be installed in the existing structure(s).

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 67 4912-9665-2919 v4 32
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: (Errors and Omissions)
Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in
connection with services to be provided under this
Agreement, with no exclusion for claims of one
insured against another insured, with coverage equal
to the policy limits
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

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

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS:

Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER

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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:

5.5 Exhibit 1-A - Agreement with Habitat for Humanity Greater San Francisco 69 RESOLUTION NO. _______

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH

REBUILDING TOGETHER PENINSULA, FOR THE HOME MINOR REPAIR PROGRAM IN AN AMOUNT NOT TO EXCEED $17,500, TO MANAGE CONSTRUCTION AND

ADMINISTER GRANTS FOR MINOR HOME REPAIRS FOR VERY LOW INCOME HOMEOWNERS TO IMPLEMENT PROGRAM H-B-2-B OF THE 2023-2031 HOUSING ELEMENT; APPROVING AN APPROPRIATION OF $17,500 FROM COMMERCIAL LINKAGE FEE FUND (FUND 137) TO ACCOUNT NUMBER 137-0847-419-42-51; AND

FIND APPROVAL OF THE PROGRAM EXEMPT FROM THE CEQA PURSUANT TO SECTION 15061(B)(3) and 15301

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that identifies the City’s housing needs, states the City’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs; and WHEREAS, Government Code Section 65400 requires each jurisdiction to prepare an annual progress report (APR), due to the California Department of Housing Community Development (HCD) by April 1, on the jurisdiction’s status and progress in implementing its housing element; and
WHEREAS, the Housing Element includes Program H-B-2-b, Facilitate Non-Profit Rehabilitation/Maintenance Assistance, to partner with a non-profit organization to provide up to $5,000 in funding to very low-income homeowners who cannot otherwise afford the repairs, and the quantified objective is to improve six (6) units with assistance by 2031; and
WHEREAS, the implementation of the program requires collaboration with third parties; and
WHEREAS, staff issued a request for proposals for the Minor Home Repair Program on September 15, 2025, posted on the City’s website, and an email soliciting proposals was sent to multiple recipients, including the Housing Endowment and Regional Trust of San Mateo County (HEART), Habitat for Humanity Greater San Francisco (HGSF), Rebuilding Together Peninsula, Foster City Lions Club, Thrive Alliance for Nonprofits, Housing Leadership Council of San Mateo County, HIP Housing, and the Peninsula Clergy Network; and
WHEREAS, staff received one (1) proposal for the program from Rebuilding Together Peninsula; and
WHEREAS, staff selected Rebuilding Together Peninsula to administer the program, issue awards to eligible homeowners, provide repair and maintenance construction services; and

5.5 Attachment 2 - Resolution - Minor Home Repair Program 70 WHEREAS, staff is proposing that the agreement with Rebuilding Together Peninsula be for two (2) years, with a maximum amount of $17,500; and WHEREAS, there is approximately $5.7 million available in the fund balance, which is sufficient to absorb this supplemental appropriation.

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

1. Authorize the City Manager to execute an Agreement with Rebuilding Together Peninsula, in an amount not to exceed $17,500 for the Minor Home Repair Program for eligible Foster City homeowners for a term of two (2) years, with minor amendments that may be approved by the City Attorney.

2. Approve the appropriation of $17,500 from Fund 137 to account number 137- 0847-419-42-51.

3. The Council finds that the approval of the implementation of Minor Repair Program, would be administrative and not result in physical changes to the environment and would be exempt pursuant to CEQA Guidelines Section 15061(b)(3). The Minor Home Repair Program will enable a homeowner to make minor repairs to their existing home, which would be categorically exempt pursuant to CEQA Guidelines Section 15301, as the repair of an existing home will involve negligible or no expansion of existing or former use.

PASSED AND ADOPTED as a Resolution by the City Council of the City of Foster City at the Regular Meeting held on the 15th day of December 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

ART KIESEL, MAYOR
ATTEST:
___________________________

PRISCILLA SCHAUS, CITY CLERK

5.5 Attachment 2 - Resolution - Minor Home Repair Program 71 4917-5658-6616 v2 1

PROFESSIONAL SERVICES AGREEMENT
FOR

CONSULTANT SERVICES
This Professional Services Agreement for Consultant Services (“Agreement”) is made and entered into as of the _____ day of ____________, 20___ (“Effective Date”) by and between the City of Foster City hereinafter called "CITY" and REBUILDING TOGETHER PENINSULA hereinafter called "CONSULTANT". CITY and CONSULTANT are each a “Party” and are collectively the “Parties” to this Agreement.

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

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire December 31, 2027, with an option for a oneyear renewal which may be exercised by City in its sole discretion with an expiration date of December 31, 2028 (“Additional Term”). (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part

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thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

Should City elect to exercise its option to renew the Agreement for an Additional Term, CONSULTANT will perform the Services with respect to any Work still pending, and for a quantity of additional homes to be selected by the City in its reasonable discretion. CONSULTANT’s compensation during the Additional Term year period shall be $5,833 per additional home, subject only to an adjustment for inflation (or deflation, if applicable) based on changes in the consumer price index for the San Francisco-Oakland-Hayward region during the initial term.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder as outlined 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 of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) as shown on Exhibit B to this Agreement. Invoices for amounts in excess of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation shall be payable within 30 days upon CITY’s receipt of an invoice for the amount stated in Exhibit B. CONSULTANT agrees to demonstrate diligent progress thereon as stated in Exhibit A. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution. Upon termination of this Agreement, any Repair Award Funds provided by CITY to CONSULTANT which have not been used shall be reimbursed to CITY within 30 days.

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

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

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

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

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

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

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

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

8. Documents. All documents, plans, drawings, renderings, and other papers, or

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copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.

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

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

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

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

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

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil

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

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

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

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

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

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

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

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Nori Jabba, Housing & Sustainability
Manager
CONSULTANT: Rebuilding Together Peninsula
841 Kaynyne Street
Redwood City, CA 94063
Attention: Rachel Poythress
Safe Home Manager
Email:
[email protected]
Tel. 650-366-6597

16. Reserved.

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

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

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party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement.

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

22. Liability of CITY.

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

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

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

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

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

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

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

26. Compliance with Laws; Prevailing Wage. CONSULTANT shall carry out, and shall use its best efforts to ensure that its employees, volunteers, contractors and subcontractors carry out, the design and construction of all Project activities funded hereunder in conformity with all applicable State of California Labor Code requirements; the City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City of Foster City Municipal Code (“Code”); all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.; that all contractors or subcontractors hired by CONSULTANT are licensed in the State of California; and that all activities funded hereunder are only performed on property located within the CITY’s corporate limits.

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In the performance of its obligations set forth in this Agreement, CONSULTANT shall have the status of an independent contractor and shall not be deemed to be an employee, agent or officer of the CITY. To the extent State prevailing wage laws apply to the Project, CONSULTANT shall ensure that it complies with prevailing wage requirements in connection with the design and construction, and rehabilitation contemplated hereunder (the “Work”), that no less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Work shall be paid to all workers, laborers and mechanics employed in the execution of the Work by CONSULTANT, contractors and subcontractors doing or contracting to do any part of the Work.

Copies of such prevailing rate of per diem wages are available at:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

To the extent applicable, CONSULTANT, its contractors and subcontractors, shall comply with all requirements of the California Labor Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting wage determinations at each job site); section 1776 (regarding the certification, maintenance, and availability for inspection of payroll records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day’s work as 8 hours of labor); and section 1775 (regarding penalties for violations).

CONSULTANT shall defend, with counsel reasonably acceptable to CITY, indemnify and hold harmless Indemnitees from and against any Claims arising out of CONSULTANT’s failure to comply with State of California Labor Code requirements pertaining to the design and construction of the Work. Further, CONSULTANT shall indemnify and hold harmless the Indemnitees with respect to all final judgments or settlements in actions brought by any “contractor” in which City is (i) determined to be an “awarding body” and (ii) damages are awarded, pursuant to Labor Code sections 1726 or 1781. CONSULTANT’s defense, indemnity and hold harmless obligations under this section shall survive expiration or termination of this Agreement.

CONSULTANT hereby waives, releases and discharges the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONSULTANT’s obligation to comply with all State of California Labor Code requirements pertaining to the design and construction of the Work. This release applies to all potential future claims by CONSULTANT on behalf of itself and its agents, representatives, assigns, heirs, spouses, successors-in-interest, executors, administrators, employees, contractors, subcontractors, material suppliers and vendors (“Releasors”), agrees to waive any and all rights pursuant to Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if

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known by him or her, would have materially affected his or her settlement with the debtor or released party.”
CONSULTANT shall include within each of its contracts, subcontracts, and within any other agreements with Releasors involved in the Work, a release in favor of the Indemnitees substantially identical to this Section 26.

27. No Assignment. CONSULTANT may not assign its rights or obligations under this Agreement without the express written consent of the City, which may be granted or denied in its sole discretion.

28. Authority. The Parties each represent that the signatory has the authority to bind each respective entity, and assents to each and every term contained within this Agreement.

32. Interpretation. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any document executed and delivered by either Party in connection with this Agreement. The captions in this Agreement are for convenience of reference only and shall not be used to interpret such Agreement. The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval,” “consent” and “notice” shall be deemed to be preceded by the word “written.”

33. Successors and Assigns. Subject to the restrictions on assignment set forth in

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Section 27 above, all of the terms, covenants and conditions of this Agreement shall be binding upon CITY and CONSULTANT and their respective permitted successors and assigns.

35. Entire Agreement. This Agreement, including Exhibits A, A-1, B, C, and C-1 comprises the entire Agreement.

SIGNATURES ON NEXT PAGE

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

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

Dated: ____________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Melissa Lukin, Chief Executive Officer
Rebuilding Together Peninsula
Email:

[email protected]

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EXHIBIT A

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

DELIVERABLES FOR

CITY OF FOSTER CITY MINOR HOME REPAIR PROGRAM

SCOPE OF WORK

1.0 Basic Services
CONSULTANT will provide services of program administration, distribution of grant funding, and performance of construction work for the City of Foster City (“CITY” or “City”) Minor Home Repair Program. The Minor Home Repair Program is described below. CONSULTANT will perform the Services consistent with the Program Guidelines attached hereto as Exhibit A-1, which are hereby incorporated into Exhibit A and the Agreement (“Program Guidelines”).
a) Program Summary: Foster City’s Minor Home Repair Program uses a CONSULTANT to aid in the preservation of homes owned by low and very lowincome households in Foster City. The City provides funding for the Program and CONSULTANT manages the grant Program issues awards and manages and provides construction services for each project.
b) Program Goal: The Program goal is to improve homes owned by very low-income Foster City homeowners by 2031 to support housing preservation. The City of Foster City’s 2023-2031 Housing Element Program H-B-2-b, Facilitate Non-Profit Rehabilitation/ Maintenance Assistance calls for six (6) units improved by 2031 or one very low-income owner unit improved with assistance per year. c) Program Funding: Funding for this Agreement shall be $15,000 for grant awards, excluding CONSULTANT FEES as specified in Exhibit B of the Executed Agreement. The objective will be to issue one (1) or more grants per year for the term of the Agreement with the CONSULTANT.
d) CONSULTANT Fees: City shall pay CONSULTANT fees for program management, including grant administration and construction management, as described in Exhibit B of the executed Agreement.
e) Program Participants: participants in the program include: City of Foster City (“City”): provides funding for grants and helps promote the Program; CONSULTANT: administers and manages the program, issues awards, serves as general contractor for the minor home repair projects; and, very low-income Foster City homeowners (“Homeowner” or “Applicant”): commit to repayment of the grant upon expiration of the grant or another repayment event, as defined in the Program Guidelines.

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f) Program Period: the Program will start by January 1, 2026, and continue until December 31, 2031 to coincide with the 2023-2031 Housing Element cycle. The City may elect to extend the Program through the next Housing Element Cycle.

The City will re-evaluate program needs and funding for years 2029-2031.

2.0Program Provisions

2.1Program Applicants: Foster City Homeowners will be invited to apply to the Program. The City of Foster City will promote the Program using a variety of methods including methods such as advertising in the Islander and the City’s newsletter, social media, and the City’s website, and direct mail to targeted census tracts.

2.2Application Processing: CONSULTANT will process applications, grant and project approvals, issue and administer grants pursuant to CONSULTANT’S application processing procedures, which shall be submitted to and approved by the City.

2.3Application Selection: CONSULTANT will employ a first-come, first-served method to issue awards to eligible applicants.
a) Income Eligibility: homeowners with household incomes of less than 50% of Area Median Income (AMI) using income limits issued by the STATE OF

CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT (HCD).

2.4Grant Terms: CONSULTANT will issue grants according to approved Program Guidelines.

2.5Construction Provisions
a) CONSULTANT will manage and perform construction using a limited selection of materials, finishes, and fixtures. b) CONSULTANT’s construction team includes their employees and contractors, and, at their discretion, volunteers, if applicable.
c) CONSULTANT will maintain a valid business license with the City during the term of the Agreement.
d) CONSULTANT will comply with prevailing wage laws, if applicable, including without limitation Labor Code sections 1771 and 1720 et seq. CONSULTANT will comply with any associated registration, recordkeeping and reporting requirements to the extent required by law.

3.0Payments
a) The City will pay the CONSULTANT per Exhibit B for this Agreement within 30 days of receipt of invoices.

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b) CONSULTANT will issue grants to eligible applicants by the expiration of this Agreement. CONSULTANT will refund any unused award or administration funds to the City of Foster City within 30 days of the termination of this Agreement. c) CONSULTANT is responsible for payment of awards to homeowners and obtaining proper documentation and receipts, or, if work is performed by CONSULTANT, keeping appropriate accounting records.

4.0Reporting
CONSULTANT shall submit annual reports to the City of Foster City per the Program Guidelines.

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EXHIBIT A-1

PROGRAM GUIDELINES

FOSTER CITY MINOR HOME REPAIR PROGRAM

1. PROGRAM SUMMARY
Foster City Home Repair Program for Very Low-Income Homeowners is a partnership between the City of Foster City and CONSULTANT to aid in the preservation of homes owned by very low-income households in Foster City. The program provides grants awards of up to $5,000 for small rehabilitation and maintenance projects for very lowincome Foster City homeowners. The City provides funding for the Program and CONSULTANT manages the Program, issues awards, and performs the project work.

2. PROGRAM GOAL
the Housing Element 2023-2031 Program H-B-2-b, Facilitate Non-Profit Rehabilitation/Maintenance Assistance, calls for six units improved with assistance by 2031 or one very low-income owner unit improved with assistance per year.

3. PROGRAM PARTICIPANTS
• City of Foster City (“City”): provides funding for the awards and administration and helps promote the Program.
• CONSULTANT (“CONSULTANT”): Administrator of the program and general contractor.
• Very Low-Income Foster City Homeowners (“Homeowner” or “Applicant”): apply for assistance for eligible projects as specified in these Program Guidelines.

4. PROGRAM PERIOD
The Program period will start in 2026 and continue until December 31, 2031 to coincide with the 2023-2031 Housing Element cycle. The City may elect to extend the Program through the next Housing Element Cycle. The agreement with the CONSULTANT shall be for a term during the Program Period to manage the program on behalf of the City of Foster City.

5. PROGRAM PROVISIONS
• City will invite Foster City Homeowners to apply to the Program. The City will promote the Program using a variety of methods including methods such as advertising in the Islander and the City’s newsletter, social media, and the City’s website, and direct mail to targeted census tracts.
• CONSULTANT will process applications, and issue and administer awards.

CONSULTANT will perform all construction work for the projects. • CONSULTANT will process applications on a first-come, first-served basis based on eligibility.
• Homeowners must have household incomes of less than 50% of Area Median Income (AMI) using income limits issued by California’s Housing and Community Development Department (HCD).

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• CONSULTANT will manage and perform construction using a limited selection of materials, finishes, and fixtures.
• CONSULTANT’s construction team includes their employees and contractors, and, at their discretion, volunteers.
• CONSULTANT receives a construction and administration fee as per Exhibit B of the Agreement for administration of the project.

6. FUNDING
Funding is from the City’s Linkage Fee Fund (Fund 137) for grant awards. Project fees and administration shall be from a fund as designated by the City Council.

ELIGIBILITY GUIDELINES AND PROGRAM ADMINISTRATION
Part I:

Applicant Eligibility

1.1 Applicant Residency and Property Location Requirements • Applicant is the owner of property
• Application is for owner’s primary residence and property is located in Foster City. • Applicants have not applied for and received another grant through this program.

1.2 Homeowner Income Restrictions
• Household income at time of application does not exceed HCD Income limit of 50% AMI for very income households for the County of San Mateo. • Income shall be certified by CONSULTANT using CONSULTANT’s standard methodology.
• Only one grant per Homeowner through the Program.

Part II:

Project Eligibility

2. 1 Eligible Properties
• The property must be a single-family home, attached or detached, duplex, or condominium property located in Foster City.

2.2 Project Requirements
• Work shall be done by CONSULTANT, including their employees, contractors, subcontractors, and volunteers.
• All contractors must be licensed in California.
• Project must meet accessibility requirements, if applicable. • Project must comply with local and state building codes and permit requirements. • Project may be part of a larger project undertaken by CONSULTANT. • Projects for properties with HOAs must abide by HOA policies for construction work.

2.3 Eligible Uses of Funds

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Eligible projects include construction, materials, labor, demolition, permits, or sitework associated with
 Weatherization of doors & windows
 Door or window repair or replacement
 Accessibility improvements
 Electrical, mechanical, or plumbing work
 Solar panel purchase and installation
 Water heater replacement
 Smoke/carbon monoxide detectors
 Exterior repairs to roofing, gutters, fencing
 Other minor repair work with City staff approval
 Work on the above list that is part of a larger rehabilitation effort for the property undertaken by CONSULTANT
 Other minor repairs or upgrades with City staff approval

2.4 Ineligible Use of Funds
• Projects that result in an addition to a building
• Projects requiring entitlements

2.5Permits
• CONSULTANT agrees to obtain required building permits as required. • Permit fees shall be waived for all work requiring for a building permit.

Project cannot be included in a larger project and have fees waived for the larger project.

Part III:

Terms

3.1 Funding
Funding consists of $15,000 in total award funding, with individual applicant awards of a maximum of $5,000 per homeowner and project administration fees payable to CONSULTANT as specified in Exhibit B of the executed Agreement with CONSULTANT.

3.2Grant and Award Term
• Funds are available for use beginning in January 2026. • Funds must be awarded for homeowner projects by the termination date of the executed Agreement with CONSULTANT.
• CONSULTANT agrees to refund any unused award funds to the City of Foster City within 30 days of termination or expiration of Agreement.

3.3Documentation Required
For each approved applicant award, CONSULTANT shall maintain a copy of the application, eligibility determination documentation, project description, a form that shows the total project cost and date of completion of the project and the name of the CONSULTANT representative who approved the grant, the grant funding amount

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awarded, receipts or invoices and copies of checks for payments related to the project.

If payment is made to Homeowner, CONSULTANT shall keep a copy of the check.

3.4Payment
Payment of funding for the Program to CONSULTANT shall be made as one-time lump sum to the CONSULTANT following execution of the Agreement and submitting an invoice to the City of Foster City.

3.5 Reporting and Records Retention
• CONSULTANT will submit a spreadsheet to the City annually with data for each award including homeowner name, Foster City property address, project description, date of project completion, total costs, and grant amount, and check number and date, if applicable. The report shall be due by January 31 each year. • CONSULTANT shall provide a final report upon the completion of all homeowner awards. The report shall include the number of homeowners served, names and addresses, project descriptions, date of award, and amount of funds awarded for each homeowner.
• CONSULTANT agrees to keep electronic and/or hardcopy copies of documentation for a period of time as requested by the City to comply with the City’s Records Retention Policy.

3.6Completion of Awards
Each award shall be deemed complete when the project is finished, and CONSULTANT has completed the required file documentation for the award or made payment to the homeowner, if applicable.

Part IV:

Application Process

4.1Application
Homeowners may apply through CONSULTANT’s standard application process.

4.2Review of Applications
• Applications will be reviewed on a first-come, first-served basis. • CONSULTANT shall determine eligibility based on these Program Guidelines and issue awards.

4.3Construction
Construction shall be scheduled by CONSULTANT. Construction should be completed in the same calendar year as the approval of the award.

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE

THE CITY OF FOSTER CITY SHALL PAY REBUILDING TOGETHER PENINSULA (“CONSULTANT”), THE TOTAL AMOUNT SHOWN BELOW WITHIN 30 DAYS OF RECEIPT OF AN INVOICE.

DESCRIPTION AMOUNT PER AWARD TOTAL
MINIMUM OF 3 AWARDS,
MAXIMUM OF 6
Repair Award Funds Maximum of $5,000 $15,000
Administration Maximum of $833 per
home
$2,500
Total $5,833 per home $17,500
The Consultant shall deposit funds in re-use accounts for awards and administration.

CONSULTANT shall withdraw funds from the accounts for each project. Any funds remaining in the re-use account following termination of this Agreement, shall be reimbursed to the City of Foster City.

CONTRACT MAXIMUM IS $17,500

END OF EXHIBIT B

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EXHIBIT C

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

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

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

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injury and death), and Property Damage for liability arising out of CONSULTANT's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on behalf of the named insured.

CONSULTANT shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate. *Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”. ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence. ☒ Workers' Compensation Insurance
CONSULTANT shall submit written proof that CONSULTANT is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. CONSULTANT shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by CONSULTANT. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, CONSULTANT shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered.

CONSULTANT shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.
☒ Installation Floater

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

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

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

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3. Insurance terms and conditions:

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

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

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

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

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

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purchase such required insurance coverage, and without further notice to CONSULTANT, City shall deduct from sums due to CONSULTANT any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to CONSULTANT pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, CONSULTANT agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve CONSULTANT of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

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

ATTACHED

1. Insurance Coverage Form

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EXHIBIT C-1
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Other: Cyber Liability: Covering network risk and
cyber liability (including coverage for unauthorized
access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense
Installation Floater: Covering the work performed
under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor,
materials and equipment, including materials and
equipment in transit or away from the project site, to
be installed in the existing structure(s).

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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.

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

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______________________________________________
ORGANIZATION:

TITLE:

ADDRESS:

TELEPHONE:

DATE ISSUED:

5.5 Exhibit 2-A - Agreement with Rebuilding Together Peninsula 99 Subject: Proposal for Foster City Home Rehabilitation Program Organization & Project Overview
Habitat for Humanity Greater San Francisco (HGSF), a 501(c)(3) organization and one of approximately 1,000+ registered U.S. affiliates of Habitat for Humanity International, was formed in August 2008 through the merger of Peninsula Habitat for Humanity and Habitat for Humanity San Francisco. Prior to the merger, Peninsula Habitat had served the community since 1989, and Habitat San Francisco had served the community since 1992. HGSF has provided homeownership opportunities for 306 local families in the past 35+ years and remains one of very few providers of affordable homeownership opportunities in Marin, San Francisco, and San Mateo counties serving households that earn below 80% of the Area Median Income (AMI). HGSF has built 286 homes in these three geographic communities with zero homes foreclosed.

Our affiliate takes a multi-disciplinary approach to homeownership, serving as the homebuilder, mortgage company, educator, and long-term partner. For over 35 years our teams have been developing new affordable housing opportunities, and more recently refurbishing existing homes to address low-income household displacement in our tri-County service area through our Home Preservation Program. Our home preservation program focuses on repairs that address safety, accessibility, and health for homeowners on limited incomes.

From installing new windows to putting in insulation or replacing stairs, this work helps keep longstanding homeowners in their homes.

The Home Preservation program is supported by a dedicated team of full-time professionals with extensive experience in affordable housing and residential rehabilitation. Abraham Vicente, Senior Home Preservation and Outreach Specialist, leads outreach for the Home Preservation Program, helps prepare homeowner loan packages, and supports homeowners through the application process. Lidia Vieyra, the Senior Loan Officer, is responsible for underwriting loans, ensuring applicant eligibility, preparing loan documents, and closing loans. Pamela Diaz serves as the Home Preservation Construction Manager, leveraging more than eight years of experience in construction and bid management for residential housing to oversee the Construction Program. The Home Preservation Project Managers, Kevis Halphen and Conor Hanvey, and Home Preservation Technician, Patrick Kelly, conduct initial home site visits, develop work scopes and budgets, and manage various aspects of repair work, including coordinating in-house labor, subcontractors, and tracking project costs.

The goal of this project is to preserve affordable homeownership in Foster City through the rehabilitation of homes occupied by low-income homeowners, particularly elderly homeowners, where deferred maintenance places them at risk of injury, poor health, and displacement. This funding will help cover construction and administrative costs associated with operating this program.

5.5 Attachment 3 - Proposal-Habitat for Humanity Greater San Francisco 100
With support from Foster City, HGSF will provide approximately 3 rehab loans per year in amounts of up to $75,000 per loan to low-income homeowners (including mobile home and houseboat owners) at or below 80% of AMI. Loan payments will be deferred for a period of 30 years and loans will have a 0% interest rate. Once a loan is paid back, funds will go back into a HGSF-controlled reuse account. HGSF will administer all aspects of this program, originate all loans, as well as self-perform all repairs using in-house, dedicated construction staff or selected subcontractors that we will oversee.

HGSF will provide prospective clients with a description of income eligibility requirements and a list of documents necessary to prove household income. To be considered for a rehab, an applicant must submit income documentation for all eligible household members and statements for assets. HGSF’s Loan Officers will review all documents to verify sources of income and use a standard income calculation worksheet to ensure that the maximum household income is at or below 80% of AMI for San Mateo County per the State of California Housing and Community Development Department (HCD) income limits.

HGSF typically holds a lottery to identify households. Once accepted, HGSF staff will inspect the home, discuss areas of concern with the applicant, and confirm and determine that the repairs fall within the allowable categories. Based on the findings documented during the home assessment, staff will develop a scope of work that reflects eligible improvements. The Scope of Work is the document used to itemize all eligible improvements proposed to be completed and develop an overall cost estimate for the eligible improvements. The cost estimate will form the basis of the loan amount.

HGSF secures building permits and other approvals following home inspections and prior to the start of rehab work. The cost estimate shall include a contingency to account for any unforeseen costs.

HGSF’s mission is founded in social equity. As such, our projects have always and continue to target underserved communities. Emphasis will be placed on marketing to homeowners from diverse backgrounds through targeted outreach through specific institutions in San Mateo County.

Fees
Fee Amount Per Loan Award Total – 9 Loans
Loan Cap $75,000 $675,000
Admin Cap 25% or $18,750 $168,750
Lending & Servicing *$2,000 $18,000
Total Requesting $861,750
*See Project Construction Management Fees and Team section for more details on amount City will pay to Consultant for uncompleted loans.

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No Conflict of Interest & Acknowledgement
Conflict of Interest
There is no conflict of interest relative to the services to be provided pursuant to this RFP.

Habitat for Humanity Greater San Francisco, Inc. (“HHGSF”) and its leadership and staff are subject to legal requirements relating to conflicts of interest. For example:
• The California Nonprofit Public Benefit Corporation Law (the “Nonprofit Law”) limits transactions between HHGSF and its directors, and provides that a majority of the board of directors must meet a specified independence standard. • California corporation law principles provide that directors owe HHGSF a duty of loyalty, which requires a director to act in the interest of the organization rather than in the personal interest of the director.
• Federal tax law and HHGSF’s Articles of Incorporation provide that no part of the net earnings or assets of HHGSF may inure to (benefit) its directors, officers, and other private persons.
• Federal tax law requires public disclosure regarding, among other things, relationships between HHGSF and its leaders, the independence of HHGSF’s board, and the compensation of HHGSF’s leadership.

HHGSF adopted this Conflict of Interest Policy (this “Policy”) and these procedures to facilitate compliance with these laws and provide procedures for addressing situations that involve, or may appear to involve, conflicts of interest. These procedures shall be administered by HHGSF’s Chief Operating Officer. The full Conflict of Interest Policy adopted by our Board of Directors is available upon request.

Acknowledgment
Habitat for Humanity Greater San Francisco will have a valid business license in Foster City during the term of the award.

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Draft Scope of Work

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SCOPE OF WORK

FOSTER CITY HOME REHABILITATION PROGRAM
(Will be included in Exhibit A of Agreement)

1.0 Basic Services
CONSULTANT will provide services of program administration, distribution of loan funding, and performance of construction work. The Home Rehabilitation Program is described below.
a. Program Summary: Foster City’s Home Rehabilitation Program uses a CONSULTANT to aid in the preservation of homes owned by low and very lowincome households in Foster City. The City provides funding for the Program and CONSULTANT manages the loan Program, serves as the lender, and manages and provides construction services for each project.
b. Program Goal: The Program goal is to finance and construct 18 low-income Homeowner rehabilitation projects by 2031 to support housing preservation. The City of Foster City’s 2023-2031 Housing Element Program H-B-2-a calls for 18 new loans by 2031, or three (3) per year, including a total of nine (9) very lowincome loans and nine (9) low-income loans.

EDIT: “Construct” should be changed to “repair”.

EDIT: Add “home repair” between “18 new” and “loans” so it reads “18 new home repair loans”.

NOTE: Habitat is able and willing to perform all projects over a shorter time period should funding be available.
c. Program Funding: Funding for this Agreement shall be $500,000 for loans, excluding CONSULTANT FEES. The objective will be to issue three (3) or more loans per year for the term of the Agreement with the CONSULTANT. d. CONSULTANT Fees: City shall pay CONSULTANT fees for program management, including loan administration and construction management, as described in Exhibit B of this executed Agreement.
e. Program Participants: participants in the program include the City of Foster City (“City”): provides funding for loans and helps promote the Program; the CONSULTANT: administers and manages the program, lends loans, serves as general contractor for rehabilitation projects; and, Low and very low-income Foster City homeowners (“Homeowner” or “Applicant”): commit to repayment

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of the loan upon expiration of the loan or another repayment event, as defined in the Program Guidelines.
f. Program Period: the Home Rehabilitation Program will start by January 1, 2026 and continue until December 31, 2031 to coincide with the 2023-2031 Housing Element cycle. The City may elect to extend the Program through the next Housing Element Cycle. The City will re-evaluate program needs and funding for years 2029-2031. The term of the Agreement with the CONSULTANT shall be for a period of time as determined by the City within the Program Period.

NOTE/EDIT: Habitat is proposing a three-year program period starting January 1, 2026 through December 31, 2028 with potential for additional funding and extension through December 31, 2031.
g. Term of Agreement: the term of the Agreement for Professional Services between the City and CONSULTANT will be for two years with a one-year optional renewal.

1. Program Provisions

1. Program Applicants: Foster City Homeowners will be invited to apply to the Program. The City of Foster City will promote the Program using a variety of methods including methods such as advertising in the Islander and the City’s newsletter, social media, and the City’s website, and direct mail to targeted census tracts.

EDIT: Add the following line at the end of the paragraph “Habitat will conduct outreach to potential program participants through a robust range of touch points including presentations and flyers to Community and Faith Based Organizations, direct mail, email and social media.”

2. Application Processing: CONSULTANT will process applications, loan and project approvals, issue and administer loans pursuant to CONSULTANT’S application processing procedures, which shall be submitted to and approved by the City.

3. Application Selection: CONSULTANT will hold a lottery, or other method approved by the City, to select Applicants to apply for the Program and create a waitlist or interest list.

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a. Preference: There is a preference for Applicants with property located in a census tract with geographic targeting for disabilities (6080.25 or 6083) and/or if the Applicant falls into is in one or more of the following demographic categories: a veteran of the US Armed Forces; someone with a disability; a senior, aged 62 or over.
b. Income Eligibility: homeowners with household incomes of less than 80% of Area Median Income (AMI) using income limits issued by the STATE

OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT (HCD) will be eligible
for low-income loans, and homeowners with incomes of less than 50% of AMI using income limits from HCD will be eligible for very low-income loans.

4. Loan Terms
a. CONSULTANT will underwrite and issue loans according to approved Program Guidelines.

EDIT: Add after the first sentence “Upon completion, CONSULTANT will move loans to AmeriNat for servicing.”
b. CONSULTANT will monitor and implement repayment events. A repayment event, including the expiration of the loan, breach of the Program rules, sale of the property, and other factors as specified in the Program Guidelines, require repayment of the loan in full.
c. CONSULTANT will process Loan repayments that occur prior to termination of this Agreement with the CONSULTANT will be transferred to the Loan Fund for re-use in the Program. Issuing of new loans will end at the termination of the Agreement with the CONSULTANT unless a renewal is executed. After Agreement termination, CONSULTANT agrees to reimburse the City of all loan funds.

EDIT: replace “with the CONSULTANT will be transferred” to “with repayments being transferred”
EDIT: Delete final sentence in paragraph and replace with “At the end of the 3 year grant period, any funds in the reuse account will remain there at termination of agreement .”

5. Construction Provisions
a. CONSULTANT will manage and perform construction using a limited selection of materials, finishes, and fixtures.

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b. CONSULTANT’s construction team includes their employees and contractors, and, at their discretion, volunteers, if applicable.

EDIT: add at the end of the sentence “and the homeowner agrees.” c. CONSULTANT will maintain a valid business license with the City of Foster City during the term of the Agreement.
d. CONSULTANT will comply with prevailing wage laws, if applicable.

3.0 Payments
a. The City will pay the CONSULTANT per Exhibit B for this Agreement within 30 days of receipt of invoices, provided the City has sufficient funding to continue the program.

EDIT: Add after the first sentence “This includes the initial $500,000 of funds for lending.”
b. CONSULTANT will issue loans to eligible applicants by the expiration of this Agreement. CONSULTANT will refund any unused award or administration funds to the City of Foster City within 30 days of the termination of this Agreement. c. CONSULTANT is responsible for payment of awards to homeowners and obtaining proper documentation and receipts, or, if work is performed by CONSULTANT, keeping appropriate accounting records.

EDIT: “payment of awards” should be changed to “lending”.

4.0 Reporting
CONSULTANT shall submit annual reports to the City of Foster City per the Program Guidelines.

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Draft Program
Guidelines

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PROGRAM GUIDELINES

FOSTER CITY HOME REHABILITATION PROGRAM
(Will be included in Exhibit A of Agreement)
PART ONE: APPLICANT AND PROPERTY REQUIREMENTS

1. Applicant Qualifications
• The Applicant is the Owner of the Property
• The Property is the primary residence of the Owner.
• The Applicant does not have any other loans issued through or by the City of Foster City.
• The Applicant’s household income at time of application does not exceed the State of California Housing and Community Development Department (HCD) income limits for 50% of AMI for very low-income households or 80% AMI for low-income households.
• Applicant agrees to allow CONSULTANT to certify their income using CONSULTANT’s standard income certification process.

2. Eligible Properties
• The property is a single dwelling unit, attached or detached, or duplex located in Foster City.
• There is no other active loan through the City of Foster City for the property.
• The property has two or fewer other loans, including a mortgage, and the loan-to- value of the loans is no higher than 90% for all loans.

PART TWO: PROJECT ELIGIBILITY

1. Project Requirements
• Projects will be managed and constructed by CONSULTANT.

EDIT: change this sentence to “Projects, including construction, will be managed by CONSULTANT.”
• The project meets accessibility requirements, if applicable. • The project complies with local and state building codes and permit requirements.
• CONSULTANT agrees to comply with Federal and State prevailing wage laws.

EDIT: add “, if applicable” to the end of the sentence.

2. Eligible Uses of Loan Funds

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• Loan funds may be used for construction materials and labor for rehabilitation of an existing unit. Typical items include, but are not limited to, window replacement, roof repair or replacement, kitchen remodeling, bathroom remodeling, flooring replacement, and installation of solar photovoltaic panels.

EDIT: End the sentence after “replacement” and change “flooring” to “flooring repair and” so it should read “flooring repair and replacement.” and delete “and installation of solar photovoltaic panels”.

EDIT: Add the following sentence to the end of the paragraph “CONSULTANT may provide homeowners with referrals to partners that provide installation of solar photovoltaic panels as a grant to the homeowner.”
• Rehabilitation is defined as any construction work or replacement requiring a city- issued permit that does not add square footage to the Property, or work that does not require a city permit that results in an upgrade to the home such as painting, replacing appliances, installation of new hardware, new flooring, or safety-related equipment in bathrooms, etc. Please note that installation must be performed according to the manufacturer’s instructions.
• Demolition work necessary for the rehabilitation.
• Site work, such as water/sewer/septic repair or replacement, or utility improvements.
• Permit costs beyond those that are waived through participation in this Program.
• Other hard or soft costs approved at the discretion of the City

2.3 Ineligible Projects/Uses of Funds
• Building additions resulting in additional square footage to the building.
• Unreasonable costs. CONSULTANT will determine, in its sole discretion, costs deemed excessive or unreasonable or uses deemed ineligible. Ineligible uses of funding include, but are not limited to, costs associated with construction items or materials of a luxury nature or furnishings.

PART THREE: LOAN TERMS

1. Basic Terms

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Loan terms, including term of loan, interest rate, deferred payment schedule or balloon payment, downpayment and other loan terms shall be determined by the City prior to execution of the Agreement with the CONSULTANT. Loan terms are as follows:
a. Maximum loan amount: $ , including hard and soft costs.

EDIT: $75,000 or as agreed upon
b. Loan term: years
EDIT: 30 year
c. Interest rate for low-income loans: %
EDIT: 0% or as agreed
d. Interest rate for very low-income loans: %
EDIT: 0% or as agreed
e. Downpayment amount, if any: $
EDIT: delete this bullet; there will be no downpayment
f. Monthly or annual payment amount, if any:

EDIT: delete this bullet; payments are deferred for 30 years g. Payments deferred for years or balloon payment due upon loan expiration or repayment event as described below.

EDIT: 30 years

2. Additional Loan Provisions
• Subordination is permitted to primary mortgage and home equity loan/line of credit (other situations subject to written approval by the City). • The City retains the right to sell the loan.
• Loan signatories: spouses and registered domestic partners shall sign the Loan Documents unless title is clearly held as the owner’s sole and separate Property.

EDIT: Delete “The City retains the right to sell the loan.” EDIT: Change “spouses and registered domestic partners” to “individuals on title”.
• Non-occupant parents, ex-spouses, siblings, and/or children who are listed on title to the real Property or as registered owners of the unit will be

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required to co-sign the Loan Documents and shall be equally liable to repay the Rehabilitation Loan.
• The construction of the Project must be completed within 12 months of loan approval. Completion is defined as the date of issuance of the Temporary Occupancy Certificate.

EDIT: Change “Temporary Occupancy Certificate” to “Signed permit card or certificate of occupancy.”

3. Repayment events
The loan shall be payable in full to the City of Foster City, with any accrued interest, within 30 days of any of the following events:

EDIT: Change “City of Foster City” to “CONSULTANT, to be held in a reuse account,”

1. The loan expires without execution of an extension.

2. There is a change in Property ownership: the unit or any interest therein is sold, conveyed, or transferred.

3. The Homeowner dies and the Loan is not assumed by another eligible borrower.

EDIT: change “dies” to “passes away”

4. The Property is no longer owner-occupied, or the Homeowner no longer occupies the unit as their principal residence for reasons with limited exceptions.

5. The lot is split.

6. The Homeowner breaches one or more provisions of the Loan Documents that remains uncured for 30 or more days.

7. Property taxes or mortgage on the Property become delinquent.

8. The Homeowner fails to maintain hazard insurance for the Property.

EDIT: Add “or provide proof of” after “maintain”.

PART FOUR: SELECTION PROCESS

1. Selection Process
• CONSULTANT will manage the application and lottery process to create a waitlist, or other process approved by the City. • Application deadlines shall be set annually by CONSULTANT.

EDIT: delete “annually”.

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• Applications meeting the following criteria will receive a preference:
o First Priority: The Property is located in census tract with geographic targeting for disabilities (6080.25 or 6083) and/or the Applicant falls into is in one or more of the following demographic categories: a veteran of the US Armed Forces; someone with a disability; a senior, aged 62 or over.
o Second Priority: All other income-qualified Applicants.

2. Steps in Processing Applications:
a. Applicant submits a Program application and application fee, if applicable, to CONSULTANT by the application deadline. The application shall include Homeowner information, property information, income data, and a project summary.

EDIT: delete “and application fee, if applicable,”.

EDIT: delete “and a project summary”, add “and” before “income data” end sentence after “data”.

EDIT: Add at end of paragraph “There is no application fee for this program.”
b. CONSULTANT sorts applications by preference category, runs a digital lottery to create a waitlist, or other method approved by the City, and notifies applicants of their place on the waitlist. Applicants who are not selected for eligibility review will remain on the waitlist. Applicants are responsible for providing current contact information.
c. CONSULTANT notifies Applicants in preference waitlist order to initiate the application eligibility review process.
d. Upon CONSULTANT’s approval of the application, CONSULTANT will provide pre- approval authorization and reserve available Loan funds for the individual project for a period of 90 days.

EDIT: change “for a period of 90 days” to “after construction contract is signed.”
e. CONSULTANT will refund the application fee, if applicable, if the application is ineligible for the Program.

EDIT: delete this entire bullet.
f. CONSULTANT will conduct project feasibility, schedule, and cost estimate report.
g. If the project is approved for eligibility, the Applicant and CONSULTANT will execute Loan and Project Agreements.

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h. Homeowners will also have access to no-cost “office hours” with a Technical Assistance
advisor to answer any questions about their project.
i. CONSULTANT will obtain all required permits and City approvals and manage construction of the project.
j. CONSULTANT has 12 months to construct the project.

EDIT: change “construct the project” to “complete the construction work identified in the Construction Scope of Work.”
PART FIVE: ONGOING OBLIGATIONS

1. Ongoing Homeowner Obligations
Homeowners have the following ongoing obligations during the Application Period and, if approved, during the term of the loan:
• Provide all relevant documentation for eligibility, including property ownership and financing documentation, income certification and preference verification.
• Submit a complete application and application fee if applicable.

Incomplete applications will be rejected. The application fee will be refunded if the application is deemed ineligible for the Program, and for approved applications within 30 days of the initiation of construction. If the Homeowner is approved but declines to proceed, the application fee, if applicable, is non-refundable to offset administrative costs. • Execute and comply with all terms of the Loan Agreement and the Project Agreement.
• Notify CONSULTANT of any of the repayment events as outlined in Table 1 below and submit an annual affidavit that no loan repayment events have occurred in the last year and indicate if any repayment events are anticipated in the next year.
• Pay the loan principal and interest in full, to the City of Foster City upon an eligible Repayment Event.

Table 1. Repayment Events
# Repayment Event Homeowner
must notify

CONSULTANT
and
the City of event
Repayment
Deadline

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1 There is a change in
Property ownership: the
unit or any interest
therein is sold,
conveyed, or
transferred
30 days prior to
event
Upon date of close
of escrow,
conveyance, or
transfer
2 The Homeowner dies and
the Loan is not assumed
by another eligible
borrower
Within 30 days
after event
Within 60 days after
event
3 The Property is no
longer owneroccupied, or the
Homeowner no longer
occupies the unit as
their principal
residence for
reasons with limited
exceptions
30 days prior to
event
Within 30 days of
event
4 The loan expires without
execution of an
extension; the Loan Term
may be extended for five
(5)-year increments up to
a maximum
of 30 years
n/a –

CONSULTANT
will notify
Homeowner
Upon expiration
date
5 The lot is split 30 days prior to
event
Within 30 days of
event
6 The Homeowner breaches
one or more provisions of
the Loan or Project
Agreement
that remains uncured for
30 or more days
Within 30 days of
breach
Within 30 days of
event
7 Property taxes or
mortgage on the Property
become
delinquent
Within 30 days
after event
Within 60 days of
event

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8 The Homeowner fails to
maintain hazard insurance
for
the Property
Within 30 days
after event
Within 60 days of
event

2. Ongoing Obligations of CONSULTANT
CONSULTANT has the following ongoing obligations during the Program Period:
• Determine lottery dates annually and coordinate with the City to ensure promotion of the Program prior to the deadlines. • Manage the application, lottery, and approval process. • Underwrite and administer loans.
• Submit annual reports to the City on loan and construction activities, including property addresses, loan amounts and terms, construction documents, loan fund balance, and other information as requested by the City.
• Maintain application, loan, and project files for a time period according to the City of Foster City’s Records Retention Policy.
• Permit the City to inspect or audit files upon request and with reasonable notice.
• Inform the City of any loan repayment events that occur prior to or on date of termination of this Agreement and deposit any loan repayments into the loan fund.
• Remit to the City within 30 days any remaining unused loan funds after termination of this Agreement, unless the City agrees to extend the Program to the next housing Element Cycle.
• Submit invoices to the City of Foster City for CONSULTANT fees within 30 days of loan approval.
• Provide a warranty for construction work for a minimum of one year. • Coordinate with the City regarding required documentation and support materials for additional opportunities to expand funding for the Program.
• Comply with reporting and records requirements as stated in Sections

5.4 and 5.5 below.

3. Ongoing Obligations of City of Foster City
The City has the following ongoing obligations during the Program Period:
• Promote the Program on the City’s website, social media platforms, electronic billboard, electronic newsletter, etc., as long as funding remains available.

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• Payment to CONSULTANT within 30 days of receipt of invoices. • Continue to seek additional funding opportunities for the Program. • Conduct annual monitoring of loans and administer any repayment events.
• The City will put a lien on any property in which the Homeowner fails to meet the loan repayment deadline.

4. Submit Reporting to City of Foster City on Program Funding a. CONSULTANT shall submit a spreadsheet to the City of Foster City annually with data for each award, including homeowner name, Foster City property address, loan amount, project description, project timeline, and permit data. The report shall be due by January 31 each year. b. CONSULTANT shall provide a final report upon the completion of all homeowner loans. The report shall include the number of homeowners served, names and addresses, project descriptions, dates of loan, loan interest rate, loan term, payments, outstanding payments, and amount of loans for each homeowner.

5. Maintain Records and Documentation
a. For each approved loan, CONSULTANT shall maintain a copy of the application, eligibility determination documentation, project description, project documentation, a form that shows the total project cost and date of completion of the project and the name of the CONSULTANT representative who approved the loan, the loan funding amount awarded, receipts or invoices and copies of checks for payments related to the project. b. CONSULTANT agrees to keep electronic and/or hardcopy of documentation for a period of years as directed by the City to comply with the City’s Records Retention Policy.

6. Program Marketing
a. CONSULTANT shall market the program on its website and through the distribution flyers provided to CONSULTANT by the City to interested parties, tabling, if applicable, and other means as appropriate. b. CONSULTANT will coordinate with the City to promote the program on the City’s website, electronic billboard, electronic newsletter, and, if budget permits, through advertising in the Islander and/or direct mail to homeowners in low-income census tracts.

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Professional Services
Agreement

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Professional Services Agreement
• General Liability
o Request was for $2M occurrence / $5M aggregate.

EDIT: $4M aggregate.
• Auto Liability
o Request was for $2M per occurrence and to name City as Additional Insured and Waiver of Subrogation.

EDIT: delete “and to name City as Additional Insured and Waiver of Subrogation.”
• Professional Liability
o Request was for $5M per occurrence and aggregate.

EDIT: This requirement should be waived by the City.

TERMS AND CONDITIONS

3. Compensation; Expenses; Payment
NOTE: Habitat would like to ask for the loan funds upfront, which would make the last paragraph of this section not needed.

Insurance Requirements

1. CONSULTANT’s Duty to Show Proof of Insurance

1.1 Bullet 4 “Professional Liability Insurance”
NOTE/EDIT: Habitat’s insurance limit is $2,000,000 not $5,000,000.

2. City as Additional Insured
NOTE/EDIT: Habitat is unable to add the City as additional insured for Auto.

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Loan Management
Process

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Loan Management Process
Habitat for Humanity Greater San Francisco (HGSF) will be responsible for complying with federal and state lending regulations and lending to homeowners who occupy their homes as their primary residence. Below is a list of key tasks and activities HGSF is proposing to manage. Fees are listed in the Project Construction Management Fees and Team attachment:
• Oversee loan application process – loan origination
o Underwriting
o Credit reports
o Appraisal
o Title reports
• Determine application eligibility or denial
o Inform homeowner in writing of eligibility or denial
• Draft and execute loan docs (deed of trust and promissory note) o Preparation of loan documents
o Loan education for homeowners
o Disclosures
o Loan closing
• Draft and execute loan modification at end of project including:
o True-up
o Change orders
• Move to servicing w/ AmeriNat

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Project Construction
Management Fees
and Team

5.5 Attachment 3 - Proposal-Habitat for Humanity Greater San Francisco 122
Project Construction Management Fees and Team
Key Personnel
Construction Manager – Home Preservation
Home Preservation Assistant Project
Manager
Home Preservation Project Manager
Home Preservation Project Manager
Senior Home Preservation Technician
Senior Construction Project Manager
Senior Loan Officer
Director of Public Funding & Grants
Senior Home Preservation and Outreach
Specialist
Fees
Fee Amount Per Loan Award Total – 9 Loans
Loan Cap $75,000 $675,000
Admin Cap 25% or $18,750 $168,750
Lending & Servicing *$2,000 $18,000
Total Requesting $861,750
*See below for more details on amount City will pay to Consultant for uncompleted loans.

Consultant will be paid program management fees including loan administration and construction management as follows:
• Loans will be up to $75,000 per project
o Applicant will pay construction fees through their loan at approx. $16,450. • Administrative Fees, in addition to home repair loans:
o Completed Loans - 25% flat fee of total loan amount
▪ Outreach & Marketing are included in this flat fee.
▪ Construction Manager and Tech fees are included in this flat fee until Notice to Proceed is issued.
• Lending and Servicing – estimated at approx. $2,000 per project o City will reimburse lending fees to HGSF, including: Title, credit, and appraisal/Comparable Sales Research
o Completed Loans – see Administrative Fees above
o Uncompleted Loans - Applications that are not originated are reimbursed by the following schedule:
▪ Intake only and not completed – $500
▪ Completed Application Reviewed by Loan Dept - $2,500
o Servicing of issued loans will be completed by AmeriNat who will also provide annual residency checks and proof of insurance. Costs for servicing will be paid by HGSF and reimbursed by the City at the time the loan is moved to servicing.

General Contractor Name and License Number:

Habitat for Humanity Greater San Francisco Inc. - # 728481

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Typical Project
Costs

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Typical Project Costs
Typical Habitat for Humanity Greater San Francisco Home Preservation Program home repair costs range from $8,000 to $45,000. Some example repairs and their costs are listed below.

Repair cost range is based on current (October 2025) pricing. These amounts will change as materials and labor costs adjust.
a. Kitchen remodel - $15,000-$30,000
b. Bathroom remodel - $9,000 - $12,000
c. Roof replacement - $20,000 - $36,000
d. Window replacement (full house) - $15,000 - $45,000
e. Interior painting - $8,000 - $15,000
f. Exterior painting - $15,000 - $30,000
g. Flooring replacement (full house) - $8,000 - $15,000 h. Purchase and installation of solar photovoltaic panels (prior to any rebates or other incentives) - Note: Photovoltaic installation will be referred to our partner Grid Alternatives since they have a program to provide this through a grant.

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References

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References
Experience and History
Habitat for Humanity Greater San Francisco (HGSF), a 501(c)(3) organization and one of approximately 1,000+ registered U.S. affiliates of Habitat for Humanity International, was formed in August 2008 through the merger of Peninsula Habitat for Humanity and Habitat for Humanity San Francisco. Prior to the merger, Peninsula Habitat had served the community since 1989, and Habitat San Francisco had served the community since 1992. HGSF has provided homeownership opportunities for 306 local families in the past 35+ years and remains one of very few providers of affordable homeownership opportunities in Marin, San Francisco, and San Mateo counties serving households that earn below 80% of the Area Median Income (AMI).

In addition to new construction and a home sales program, HGSF has successfully administered a home rehabilitation and repair program since 2011. This program, which we call our Home Preservation Program, is primarily active in the City of Daly City, the City of Redwood City, and Menlo Park’s Belle Haven neighborhood. These communities have substantial rates of low-income homeownership, have significant deferred home maintenance, and are all designated as “susceptible to displacement’ according to UCBerkeley's Urban Displacement Project.

In the last four years, HGSF has completed 56 rehabs or repairs valued at up to $75,000 as part of this program. Over this period, our focus has been on complex repairs that address the structural safety and health of a home in order to thwart the pervasive displacement of vulnerable homeowners.

Local Government References

1. Redwood City, Alin Lancaster, Housing Sustainability Manager, 650-780-7299, [email protected]

2. Marin County, Leelee Thomas, Deputy Director, 415-473-6697, [email protected]

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Date: October 13, 2025
To: City of Foster City, Attn: Nori Jabba
From: Melissa Lukin, Executive Director, Rebuilding Together Peninsula Re: Proposal for Foster City Minor Home Repair Program
Please accept this cover letter and enclosed proposal in response to the City of Foster City’s Minor Home Repair Program for Very Low-Income Homeowners. Rebuilding Together Peninsula’s (RTP) Safe at Home program is well-aligned with the City’s desire to preserve homes owned by very low-income people in Foster City.

A. Information about RTP and the team proposed to manage the project, including relevant experience:

About RTP:

Rebuilding Together Peninsula's (RTP) mission is to “repair homes, revitalize communities, and rebuild lives.” In real terms, we ensure the peninsula’s most vulnerable homeowners–those with little to no income, have disabilities, are elderly, veterans, and traditionally marginalized residents – don’t have to choose between paying for food and living in a safe and healthy home. And, more broadly, we prevent displacement, preserve affordable home ownership and help maintain the diverse fabric of the community. Since 1989, with the help of some 90,000 volunteers, RTP has repaired over 3,500 homes and community centers from Daly City to Mountain View valued at more than $45 million in donated time and materials. Over the coming year, RTP’s 13 staff and 700+ volunteers will transform 125 homes and community facilities.

The Need for Minor Home Repairs:

Given that the San Francisco Bay Area has the second highest construction costs in the world (International Construction Market Survey, 2024) and the Peninsula’s aging homes make even minor repairs complex and expensive, many of the Peninsula’s low-income homeowners simply can’t afford to keep their homes in good repair. Combine this with the fact that 75% of seniors desire to age-in-place (AARP, 2024) and that falls are the leading cause of injury for older adults (CDC 2024), our community’s elderly, disabled and low-income homeowners need access to free home repairs and safety modifications.

A critical safety issue can arise in one’s home for any number of reasons. Perhaps a deferred maintenance project has finally devolved into an urgent repair need; or what had previously functioned well no longer meets the safety needs of a family member that has fallen ill or grown older and lost mobility. One’s ability to respond to these repairs effectively and efficiently can be hindered by an array of factors, from one’s financial resources to one’s physical ability to perform the repairs. Any one of these reasons could lead a homeowner to seek RTP’s help. Sometimes it’s a culmination of everything above that brings a homeowner to RTP for support in restoring their home into a safe and healthy living space.

Repairing Homes. Revitalizing Communities. Rebuilding Lives. 841 Kaynyne Street, Redwood City, CA 94063
Office: 650.366.6597 Fax: 650.366.9053
www.RebuildingTogetherPeninsula.org

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Rebuilding Together Peninsula Proposal to City of Foster City Minor Home Repair RFP About the Safe at Home Program:

RTP’s Safe at Home programs has three main goals:

1. Low-income homeowners, majority elderly and representing underserved populations, residing on the Peninsula have access to free home repair services that enable them to live in a dry, clean, pest-free, ventilated, safe, contaminant-free, maintained, thermally controlled, accessible, and affordable home (the National Center for Healthy Housing’s ten principles of healthy homes).

2. Safety and health priorities identified in each home are addressed by our expert repair technicians, skilled volunteers and/or trusted sub-contractors.

3. Participants are equipped with the knowledge and tools necessary to identify health and safety hazards. They will be educated with maintenance tips to ensure the longevity of the repairs they receive.

Rebuilding Together Peninsula’s Safe at Home program is an evidence-based program developed first by Rebuilding Together, Inc. (National) for implementation by its regional affiliates. Program strategies are clustered in three areas: fall prevention, fire prevention and general safety. A checklist of 25 repair priorities created in partnership with the Administration on Aging and the American Occupational Therapy Association, guides all home safety repairs. In 2013, the National Center for Healthy Housing and Rebuilding Together, Inc. launched the Healthy Housing Challenge (HHC). HHC increases the rigor of Safe at Home repairs by aligning program practices to ten fundamental principles of a healthy home.

Each principle includes a set of goals and necessary home repairs to achieve a preferred health outcome. Training, tools and problem solving are offered to Rebuilding Together affiliates and their staff to ensure that program integrity is maintained. All practices adhere to the highest quality standards in an effort to ensure the absolute health and safety of the homeowner.

Program Staff and Experience:

RTP’s Safe at Home Program has four key staff below is an overview of their job responsibilities and qualifications:

Name: Greg Bernard
Title: Director of Programs
Job Duties: Main responsibilities are to ensure the program follows the Minor Home Repair Guidelines, supervise the program manager and conduct previews as needed Qualifications: General Contractor’s License #986653, OSHA and RRP Certified, 20+ years’ experience as a contractor, 5+ years’ experience in CDBG program management with San Mateo County and the Cities of Daly City, Redwood City, South San Francisco, San Mateo and Mountain View.

Bachelors in Electrical Engineering, Master’s degree in Computer Engineering.

Name: Rachel Poythress
Title: Safe at Home Manager
Job Duties: Performs day to day tasks to keep SAH projects progressing. Responsible for getting supplies on the job site, photos, paperwork, etc. Support the Sr. Repair Technician as needed on larger more complicated projects.

Qualifications: Joined Rebuilding Together New York City in 2019 and RTP in 2021 providing support to staff on repair sites. Prior to Rebuilding Together, Rachel interned with the U.S. Committee for Refugees and Immigrants. Holds bachelor’s degree in Anthropology. Rachel also holds her Executive Certificate in Home Modification (ECHM) and is a Certified Aging-in-Place Specialist (CAPS).

Name: Frank Tijerina
Title: Senior Repair Technician
Job Duties: Responsible for doing the repairs and modifications at homes and working with subcontractors and vendors to complete the necessary work at each home 2 5.5
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Rebuilding Together Peninsula Proposal to City of Foster City Minor Home Repair RFP Qualifications: More than 20 years of construction experience, including carpentry, plumbing, and electrical. Bilingual English/Spanish.

Name: Karla Jordan
Title: Intake Specialist
Job Duties: Responsible for assisting homeowners throughout the intake process (e.g. completing intake documentation and determining eligibility). Also serves as client liaison and provides homeowner orientation for the program.

Qualifications: While studying at UC Santa Cruz, Karla served as a social justice volunteer for Empathy in Action at Soledad State Prison and as a research assistant with Alzamos La Voz (Raising Our Voices) in Watsonville. She also helped run student voter registration drives and recruited volunteers for the New Voters project for the CA Public Interest Research Group and was an intern at the U.S. Equal Employment Opportunity Commission in Washington, D.C. Karla is a native Spanish speaker and lives in Redwood City.

B. Description of the Organization (Corporation, Limited Liability COmpany or Joint Venture):

Rebuilding Together Peninsula (RTP) is a 501c3 nonprofit organization.

C. Fees:

Rebuilding Together Peninsula requests $15,000 to support the costs associated repairing the homes of very low-income homeowners and $2,500 in administration fees to manage the project. This $17,500 will support the repairs of at least 3 homes in Foster City.

D. Conflict of Interest:

As of the writing of this proposal, there is no conflict of interest. RTP does not have any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the firm, its management, employees, or other persons relative to the services to be awarded pursuant to this RFP.

E. Business License:

RTP will maintain a business license with the City’s Finance Division during the term of the contract, renewing annually as needed.

Sincerely,
Melissa Lukin, MBA
Executive Director
3 5.5
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Rebuilding Together Peninsula Proposal to City of Foster City Minor Home Repair RFP

2. Draft Scope of Work – please submit a list of any exceptions or recommended changes to the Scope of Work (Attachment 1 will be included as part of Exhibit A of executed Agreement). ● In Section 1.0.a Basic Services, the Scope of Work states “CONSULTANT manages the grant program, serves as the lender and….”
○ Rebuilding Together Peninsula recommends changing the language “serves as the lender" to “issues awards” because this is a grant program. ● In Section 1.0.e Program Participants, the Scope of Work states “CONSULTANT: administers and manages the program, lends grants….”
○ Rebuilding Together Peninsula recommends changing the language “lends grants" to “issues awards” because this is a grant program.
● In Section 2.3 the Scope of Work states “Consultant will hold a lottery or other method approved by the city, to select Applicants to apply for the program.” ○ Rebuilding Together Peninsula recommends employing a “first-come, first-served basis based on eligibility” to select applicants as stated in the Program Guidelines.

3. Draft Program Guidelines – please submit a list of exceptions to the Program Guideline, any recommended changes (Attachment 2 will be included as part of Exhibit A of executed Agreement).

Rebuilding Together Peninsula has no exceptions to the Draft Program Guidelines.

4. Professional Services Agreement - please submit a list of any exceptions you have to the City’s Professional Services Agreement, including insurance requirements, if any (Attachment 3).

In the Professional Services Agreement, section “3. Compensation,” it states: “Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.” Rebuilding Together Peninsula recommends that the compensation be a payment of a one-time lump sum as per section 3.4 Payment of the Program Guidelines. “3.4 Payment: Payment of funding for the Program to CONSULTANT shall be made as a one-time lump sum to the CONSULTANT following execution of the Agreement and submitting an invoice to the City of Foster City.” Likewise the language in the last paragraph of Section 3 on page 17 that begins with the sentance “CITY shall not incur any charges under this agreement, nor shall any payments become due to CONSULTANT for any payment period on the project until the CITY recipes all deliverables required under Exhibit A…..”should be updated to reflect the lump sum payment of the program guidelines.

5. Grant Management Process – please submit a description summarizing key tasks, activities, and fees (fees should be either flat rate for each project/grant or percentage of project/grant amount); assume grants of $5,000 each and one grant per year for this purpose. 4 5.5
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Rebuilding Together Peninsula Proposal to City of Foster City Minor Home Repair RFP Below summarizes the key activities of the Safe at Home program. This project will begin in January 2026 and end when all funds are expended but no later than January 2028 (provided a one year extension is granted). In general, RTP will operate the program in alignment with the Program Guidelines as outlined in the RFP.

Safe at Home Activity Summary:

1. Foster City informs very low-income homeowners about the availability of free minor home repairs.

2. RTP participates in a community meeting, facilitated by Foster City, about the program.

3. RTP accepts applications from homeowners in Foster City on a rolling basis.

4. Each application is reviewed by RTP staff and assessed for eligibility per the Program Guidelines, Part I, Applicant Eligibility (e.g. households with income of less than 50% of Area Median Income) and Part II Project Eligibility (e.g. property located in Foster City). Note that eligible homeowners will be served on a first-come, first-served basis until Foster City funds are expended.

5. For each eligible home, RTP’s staff conduct a comprehensive 28 point “Health Housing Checklist” and Home Safety Assessment in order to assess the repairs needed.

6. RTP staff develop a Home Safety Plan (aka scope of work) which details repairs to be completed.

Repairs will be within the eligible projects listed on page 12 of the RFP:
a. Weatherization of doors & windows
b. Door or window repair or replacement
c. Accessibility improvements
d. Electrical, mechanical, or plumbing repairs
e. Solar photovoltaic panel installation
f. Water heater replacement
g. Smoke detector purchase & installation
h. Appliance replacement
i. Painting or wall repair
j. Flooring cleaning or replacement
k. Fencing, landscaping, tree trimming

7. Repairs and home safety modifications are completed by our experienced repair technicians and trusted subcontractors.

8. Staff review completed repairs and collect feedback through surveys to assess the impact of our work on the homeowner.

9. RTP submits annual and final reports on January 31st of each year to Foster City including a spreadsheet with data for each award, including homeowner name, Foster City property address, project description, date of project completion, total costs, grant amount, and check number and date, if applicable.

Fees:

Repair costs will not exceed $5,000 per home and administration fees will not exceed $833 per home.

For each home, a scope of work will be designed to fit the highest priority health and safety repairs in the home. Below is an example:

Expense Description Amount
Safe at Home
Manager
10 hours x $53 per hour to perform tasks including eligibility documentation, processing application, site visits, scope of work creation, scheduling subcontractors and repair technicians and ensuring the project was completed.
$530
Repair Technician 36 hours x $54 per hour to perform repairs like general carpentry, grab bar installation, flooring repair or replace, appliance repair. $1,944
5 5.5
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Rebuilding Together Peninsula Proposal to City of Foster City Minor Home Repair RFP Subcontractor Experts perform skilled labor like plumbing or electrical repairs $1,776 Materials & Supplies Lumber, flooring, paint, lighting, grab bars $550 Mileage Miles driven between RTP’s office and the home $200 Administration Fee
per home
RTP’s costs associated with managing the grant, liability insurance, bookkeeping, record keeping, program managers’ admin time that isn’t billable to projects, etc.
$833
TOTAL $5,833

6. Project Construction Management Fees and Team – please submit a list of key personnel, rates, and fees (fees should be either a flat rate per project/grant or a percentage of the project/grant amount; assume project/grant amount of $5,000 each. Please also include your team’s general contractor name and license number. (Will be included in Exhibit B of executed Agreement).

Personnel Rates:

Personnel Rates
Director of Programs $73.00 per hour
Safe at Home Program Manager $53.00 per hour
Senior Repair Technician $54.00 per hour
Project Estimator $53.00 per hour
Intake Specialist $32.00 per hour
Staff will track hours of direct service provided to each home. Staff time will be combined with materials, supplies, subcontractors and mileage to generate the full cost per home, not to exceed $5,000.

General Contractor:

Greg Bernard, Director of Programs, serve as RTP’s General Contractor (License #986653).

Administration Fee:

For each home served, a flat fee of $833.00 will be charged to the contract in support of the administrative costs of managing the program (e.g. bookkeeping, liability insurance, database costs, record retention, etc.)

7. Typical Project Costs – please submit typical ranges of costs (low to high) for rehabilitation work, including hard and soft costs for the following types of projects. Assume a house size of 1,000 square feet for this purpose. This is not intended to be a complete list of projects provided 6 5.5
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Rebuilding Together Peninsula Proposal to City of Foster City Minor Home Repair RFP by your firm nor is it meant to be actual quotes for work. The City will use this information.

Please feel free to include other types of work.

Based on RTP’s 36 years of repairing homes on the Peninsula, we have provided estimates of the ranges of costs for rehabilitation work, including hard costs like materials, supplies and subcontractors and soft costs like RTP’s staff time. With a per site budget of $5,000, RTP’s staff will look at all of the repairs needed and create a scope of work that includes the highest priority repairs and fits within the dollars allotted.

Repair Low High
Weatherization of doors & windows $45 $300
Door or window repair or replacement $100 $2,000
Accessibility improvements $35 $2,500
Electrical, mechanical, or plumbing repairs $15 $2,500
Solar photovoltaic panel installation $20,000 $30,000
Water heater replacement $800 $3,000
Smoke detector purchase & installation $100 $160
Appliance replacement $300 $4,000
Painting or wall repair $60 $8,000
Flooring cleaning or replacement $800 $5,000
Fencing, landscaping, tree trimming $1,500 $6,500

8. References: Provide an overview of the proposer’s experience and history in performing this type of work in California. Provide at least two references from local government clients for whom the consultant has rendered similar services in the recent past.

Rebuilding Together Peninsula has been repairing homes from Daly City to Mountain View for over 36 years. Currently we hold minor home repair contracts with 8 local jurisdictions: County of San Mateo, Daly City, Mountain View, Palo Alto, Redwood City, City of San Mateo, South San Francisco and Santa Clara County.

Every year RTP’s 13 staff mobilize over 700 general community volunteers, and dozens of skilled volunteers and subcontractors annually to provide a wide range of repairs, from installing smoke detectors to replacing roofs. RTP also leverages approximately $450,000 of in-kind resources along with funding from foundations, individual donors, corporate sponsors, and government agencies to meet the demand. Over the coming year, RTP will transform 125 homes and community facilities across the Peninsula.

RTP is led by Melissa Lukin, MBA. Melissa joined RTP in 2018 with over 30 years’ leadership experience supporting traditionally underserved communities. Melissa served 15 years as the Executive Director of the County's only domestic violence services agency where she oversaw a 7 5.5
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Rebuilding Together Peninsula Proposal to City of Foster City Minor Home Repair RFP merger, culturally-competent 24-hour services, established an agency endowment, and purchased the agency’s office building and a second shelter. She has also consulted on nonprofit, governance-related issues for local nonprofits. Melissa holds a B.A. from Brown and an M.B.A. from Boston University in Public/Nonprofit Management. She serves on the board of Visions, Inc., a national DEI training and consulting nonprofit, and was a member of San Mateo County’s Commission on the Status of Women from 2020 to 2024.

References:

Karen Coppock (she/her), PhD
Housing & Community Development Supervisor
Department of Housing
264 Harbor Boulevard Bldg. A, Belmont, CA 94002
Tel: 650-453-0697
Email: [email protected]
Lenelle D. Suliguin
Senior Management Analyst
City of Daly City
333 – 90
th Street
Daly City, CA 94015
Phone: 650-991-8256
Fax: 650-991-8070

9. Additional Information - any additional information you would like to submit (optional).

In order to assess the health and safety repair needs of any particular home and the impact of our work, RTP uses a 28 point “Healthy Housing Checklist” before and after repairs. This assesses the measurable impact of the repairs to the home (e.g. before the repairs the home had leaks, now the home is watertight). Points assessed include:
● The homeowner has safe ingress and egress to the home ● The roof is watertight
● Rainwater is effectively shed and directed away from the structure ● Exterior walls have no gaps, cracks, or holes larger than 1/8 inch ● Fencing is secure and stable; gates close and latch
● Windows and exterior doors open, close, lock securely, and seal ● Home is free of pest infestation; sources of attraction are removed ● The house numbers of the address are clearly visible from the street ● Working smoke detector is on each floor and in or near bedrooms ● A working CO detector protects home with gas appliances or garage ● An updated fire extinguisher is available in or near the kitchen ● Water heaters, furnaces, heaters that produce CO exhaust are outside ● No electrical hazards are present, kitchens and baths have GFCIs ● The homeowner has access to a working refrigerator and range ● The kitchen and bathrooms have an exhaust fan vented outside ● The homeowner has a working water heater and access to a working sink, toilet, and bathtub or shower
● Modifications to toilets and tubs assist those who need help ● The homeowner has access to working washer and dryer
● Grab bars are strategically placed for those at risk of falls ● Stairs and steps have secured handrails that meet occupants' needs 8 5.5
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Rebuilding Together Peninsula Proposal to City of Foster City Minor Home Repair RFP ● Main rooms and stairs are free of tripping hazards (e.g. clutter) ● Free of debris inside and out (e.g. vegetation, furnishings, etc.) ● Floors are clean and durable or covered with clean carpeting ● Clothes dryer, if present, vents outside w/ metal duct and unobstructed airflow ● The homeowner can maintain the interior temperature in a comfortable range ● Main rooms and stairs have adequate/safe lighting for occupants ● Interior paint and wall covering is intact
● The home is free of active water leaks and serious moisture problems Sometimes the best way to understand the impact of our work is through a story:

Roger, an avid surfer, was living in his current home in Pescadero with no heat, stove, water heater, or washing machine. He had to drive many miles to the nearest laundromat. To make matters worse, it’s not uncommon for his house to be surrounded by flood waters in the winter.

RTP service technicians, Frank Tijerina and Jesse Leandro, installed a new stove, hot water heater, and washing machine, along with new vinyl flooring in the bathroom, kitchen, dining area, and laundry room. They also repaired sheetrock and installed a new, working door handle at his front door. “You can’t get two better guys than Frank and Jesse,” Roger said. “Not only are they really nice guys, but they actually made great suggestions.”
Roger raises chickens, ducks, and geese on his property. Unfortunately, high winds blew down his fence, and coyotes and mountain lions were attacking his livestock. To prevent that from happening, Frank and Jesse removed and replaced the old fencing. “Roger was very excited about everything we did for him,” said Frank. “But he’s especially over the moon about finally having hot water.” “I feel like I’m in a new home,” said Roger. “I feel so blessed.” 9 5.5
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DATE: December 15, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Nori Jabba, Housing & Sustainability Manager
DEPARTMENT: Community Development
SUBJECT: APPROPRIATION OF FUNDS AND AUTHORIZATION FOR THE

CITY MANAGER TO ACCEPT FUNDS FOR THE MEASURE K

EMERGENCY RENT RELIEF PROGRAM

RECOMMENDATION
It is recommended that the City Council approve the attached Resolution: (1) approving a supplemental appropriation of $20,000 to Account 124-0832-463-4297 for the Measure K Emergency Rent Relief Program (“Program”); (2) authorizing the City Manager to accept the funds for reimbursement of Program expenditures from the County; (3) authorizing the City Manager to include funds in the amount of $10,000 in the proposed budget for Fiscal Year (FY) 2026-27 for the Program; and (4) find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guideline section 15061(B)(3).

EXECUTIVE SUMMARY
In 2024, as part of the implementation of the 2023-2031 Housing Element, staff initiated an Emergency Rent Relief Pilot Program for Below Market Rate Tenants with funding of $35,000 from the County of San Mateo’s Measure K funds. With the help of these funds, the City was able to help 15 low-income Foster City residents with awards of funding ranging from $510 to $3,000, with an average award of $2,000.

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Due to the success of the Program and continued community need, staff applied for a second round of funding of Measure K Notice of Funding Opportunity (NOFO) in the amount of $20,000. On November 18, 2025, the San Mateo County (“County”) Board of Supervisors approved Resolution 081510, which authorized a one-time grant of districtdiscretionary Measure K funds, not to exceed $20,000, to the City of Foster City for the Foster City Emergency Rental Assistance Program, and authorized the County Executive, or designee, to execute the grant agreement (see Attachment 2), which was executed on November 18, 2025 (Attachment 2A).

BACKGROUND/ANALYSIS
The Housing Element is an integral part of the Foster City General Plan that identifies the community’s housing needs, states the community’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs.

The chapter containing Housing Goals, Policies, and Programs forms the housing policy roadmap for the City and describes the implementation measures the City needs to undertake in the planning period 2023-31.

Policy H-C-2 of the adopted 2023-31 Housing Element includes the following: Protection of the Rental Housing Stock: Promote the retention of rental units and encourage rental subsidy programs that can be applied to existing housing.

The Program supports the Housing Element Policy, H-C-2.

Measure K – the Source of Funding for the Pilot Program In 2012, the County Board of Supervisors placed the original (Measure A) half-cent sales tax on the November ballot as a means of raising local funds for local needs. The halfcent sales tax was listed as Measure A on the November 2012 ballot. Deciding to build on the progress already being made with the local funds, the County Board of Supervisors placed a 20-year extension of the sales tax on the November 2016 ballot, designated as Measure K, which was passed by the voters. Measure K provides limited-term funding to meet critical service needs, address service gaps, or save money by improving performance. At a public meeting on October 17, 2023, the County Board of Supervisors approved the priority funding areas of:
• Children, Families, and Seniors
• Housing and Homelessness
• Emergency Preparedness
First Round of Program Funding: FY 2024-25
For FY 2024-25, the County Board of Supervisors allocated $4 million to discretionary grant funding to cover funding gaps in affected County services. The Measure K NOFO applications were released with a due date of August 2, 2024. Staff applied for Measure

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K funds in the amount of $35,000 for the Foster City Emergency Rental Assistance Pilot Program for BMR renters.

The City’s award included $30,000 for grants to landlords on behalf of eligible applicants and $5,000 to process applications and administer the Program for a total of $35,000.

On March 17, 2025, the County executed an amendment to the agreement at the City’s request to extend the funding period from July 31, 2025, to December 31, 2025, and to permit the City of Foster City (staff) to administer the Program in-house. A ministerial amendment was authorized by the County Attorney to extend the funding period by six (6) months and to allow staff to administer the program.

On April 7, 2025, the City Council approved supplemental appropriation of $35,000 to Account 124-0832-463-4297 for the Pilot Program and authorized the City Manager to accept funds for reimbursement of Program expenditures from the County.

Subsequently, staff opened the Program application portal on April 8, 2025, with an online application form. The City advertised the Program in the Islander, on the City’s website, e-newsletter, and electronic billboard in addition to providing flyers at City Hall and other public locations, and providing hard copy and email flyers to BMR residents. Over the course of the subsequent three (3) months, staff received 35 applications for emergency rent relief. Staff processed the first 15 eligible applications until funding was depleted on July 31, 2025.

Of the 35 applications, 15 were approved, representing seven (7) BMR Properties.

Awards ranged from $510 to $3,000, with an average award of $2,000. Figure 1 shows the number of approved applications from each BMR property. There were no approved applications from Metro Center or the Existing Unit Purchase Program (EUPP) units. Staff received the greatest number of applications from Marlin Cove (12 applications).

Attachment 3 provides a summary of the 2025 funding awards.

Figure 1. Distribution of Awards

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Due to the success of the program and continued community need, staff applied for a second round of funding of Measure K Funds.

Second Round of Program Funding - FY 2025-26
For FY 2025-26, the County Board of Supervisors approved $2.63 million in discretionary funding, including $500,000 for District Two, a substantial decrease from the prior year’s $4.0 million for discretionary funding. For FY 2025-26, District Two grants were limited to a maximum award of $75,000 and in three funding areas: disaster preparedness, affordable housing, and immigrant rights and resources. The NOFO for District Two grants closed on May 16, 2025. Staff applied for a second round of funding with a request for $35,000 for the Program.

On August 15, 2025, staff received notice from the County that Supervisor Corzo had recommended funding of $20,000 for the Program (less than the originally requested amount of $35,000).

On November 18, 2025, the County approved the grant for $20,000, with $2,500 for Program administration and $17,500 for awards to at least six (6) Foster City BMR tenants in need and executed the Agreement for the award. Staff will administer the Program in-house, as it did for the first round of funding. An important stipulation of the FY 2025-26 grant was that the City propose funding for the Program in the FY 2026-27 budget cycle, subject to City Council approval.

Overview of the Foster City BMR Program
The City of Foster City currently has 426 BMR rental units located in the properties, as shown in Table 1.

Table 1, BMR Properties and Units
# Property BMR Units
1 The Plaza 60
2 100 Grand 33
3 The Triton 48
4 Marlin Cove 84
5 Miramar 48
6 Alma Point 65
7 Metro Center 60
8 The Pilgrim Workforce Housing 22*
9 Existing Unit Purchase Program 6 units
*14 BRM units and eight (8) workforce units

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Program Outline
The first round of Measure K funding for the Pilot Program for FY 2024-25 provided $30,000 in grants to landlords for rent, utilities, including unpaid balance, or deposit assistance for BMR tenants and $5,000 for administration, which included development of an application and evaluation materials and forms, promotion of the Program, responding to public inquiries, application review, distribution of funds, notification to applicants and landlords, and reporting and submittal of two (2) reimbursement requests.

The second round of funding for FY 2025-26 provides $17,500 in awards and $2,500 for Program administration. The Program is administered through the City’s Affordable Housing Fund – Fund 124.

The Program offers one-time grants of up to $3,000 directly to landlords of eligible residents in lieu of residents’ rent payments. Direct payments to landlords are standard practice in rental assistance programs to ensure funds are used for rent relief.

Program demographic eligibility is limited to seniors aged 62 or older, individuals with disabilities, veterans, and families with children to comply with Measure K funding requirements.

1. Eligibility criteria
To qualify, applicants must demonstrate that their income is less than 50% of the area median income (AMI), that they live in BMR housing, and that they are at risk of losing housing in the next three (3) months due to hardship as defined below. • To demonstrate the risk of losing housing in the next three (3) months, applicants will provide evidence of hardship causing loss or reduction of income combined with financial assets (e.g., savings, checking account balance) insufficient to cover rent payments for the next three (3) months.
• If the applicant has experienced hardship, they will need to explain the hardship in the application and provide documentation as evidence. Hardship is defined as a recent medical condition, illness, or medical emergency of a household member resulting in temporary or permanent loss of, or reduction in, income; recent loss of job or income resulting in the inability to pay rent on time; or an emergency that precludes the tenant from paying rent on time.

2. Program Goal
The goal for FY 2025-26 is to provide support to six (6) or more BMR households.

3. Distribution of Funding and Reimbursement of Funds

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City Staff will evaluate applications and determine eligibility based on specific criteria as specified below. The funding limit is $3,000 per household to cover rent and/or utilities, or a deposit. The City will issue the checks using the Special Demand Payment (SPD) Form directly to the applicant’s landlord from Fund 124, City Affordable Housing Fund.

Staff will request reimbursement for the full amount after all funds have been distributed.

4. Application Submittal Process
Applications will tentatively open on January 5, 2025, and may be submitted online, in person at City Hall, or by mail. Online applications will be available in multiple languages. The applicant must submit an application for the Program and the required documentation, including pay stubs, bank statements, a copy of the tenant’s current lease, and evidence of hardship, such as job loss. Staff will screen applicants to determine eligibility and the amount of each award (Attachment 4).

5. Application Review Process
City of Foster City staff will evaluate the applicant's application, income, and assets to determine the tenant’s ability to pay rent and eligibility.

Staff will screen applicants to determine eligibility and the amount of each award using an application screening form. Staff will verify that the applicant meets these eligibility criteria using an eligibility review form developed by Staff, along with verification of the lease, household income and financial asset documentation. In addition, the property manager will submit a copy of the most recent tenant income certification if the tenant does not have a copy. This income certification will confirm the tenant’s income eligibility as less than 50% of AMI.

6. Awards of one-time Grants
Awards shall be granted up to one (1) month of rent and utility expenses or to cover the cost of a deposit, with a maximum of $3,000 per household.

Promotion of the Program
City Staff updated the flyer for the Program (Attachment 5). The flyer and information about the program will be promoted through the following methods:
• Advertisement in The Islander
• Informational updates on the City’s social media accounts • Informational updates on the City’s electronic billboard • Details on the City’s website
• Posting the flyer in public locations used for notifying public meetings

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• Emailing the flyer and, if requested, providing hard copies to all BMR property managers for distribution to all BMR tenants.

Staff will also provide information at City Hall and directly to BMR tenants who contact the city inquiring about rental assistance.

The Agreement with the County also requires that staff provide a report to the City Council. Staff has included the attached summary for FY 2024-25 funding and will return to the City Council in the coming year with an updated Program report once all awards have been issued.

It shall be noted that since the award of the funds from the County, staff has received two (2) queries from the public inquiring when the City will start accepting applications for the Program.

California Environmental Quality Act
This item is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. 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
Staff is requesting a supplemental appropriation of $20,000 to Account 124-0832-463- 4297. As of October 30, 2025, Fund 124 has an available fund balance of $874,918, which is sufficient to absorb the requested appropriation. With reimbursement for expenditures by the County of San Mateo, the net fiscal impact to the City will be $0.

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

Attachment 1 - Resolution
Attachment 2 - County Resolution No. 081510
Attachment 2A – Executed Agreement with the County of San Mateo for Measure K Attachment 3 - 2025 Program Results
Attachment 4 - Eligibility Screening Form
Attachment 5 - 2026 Program Flyer

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RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY (1) APPROVING A SUPPLEMENTAL APPROPRIATION OF $20,000 TO ACCOUNT NO. 124-0832-463-4297 FOR THE MEASURE K EMERGENCY RENT RELIEF PROGRAM (“PROGRAM”); (2) AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS FOR REIMBURSEMENT OF PROGRAM EXPENDITURES FROM THE COUNTY; (3)

AUTHORIZING THE CITY MANAGER TO INCLUDE FUNDS IN THE AMOUNT OF $10,000 IN THE PROPOSED BUDGET FOR FISCAL YEAR 26-27 FOR THE PROGRAM; AND (4) FINDING THE REQUEST EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the County of San Mateo Measure K Program provides limited-term funding to meet critical service needs, address service gaps, or save money by improving performance with the priority funding areas of (a) Children, Families, and Seniors, (b) Housing and Homelessness, and (c) Emergency Preparedness; and WHERAS, in 2024, as part of implementation of the 2023-2031 Housing Element, staff initiated an Emergency Rent Relief Pilot Program for Below Market Rate Tenants with funding of $35,000 from the County of San Mateo’s Measure K funds; and WHEREAS, due to the success of the Program and continued community need, staff applied for a second round of funding of Measure K Notice of Funding Opportunity (NOFO) in the amount of $20,000; and
WHEREAS, on November 18, 2025, the Board of Supervisors approved Resolution No. 081510, which authorized a one-time grant of districtdiscretionary Measure K funds, not to exceed $20,000, to the City of Foster City for the Foster City Emergency Rental Assistance Program, and authorized the County Executive, or designee, to execute the grant agreement; and WHEREAS, on November 18, 2025, the County of San Mateo executed the Agreement with the City of Foster City for the Foster City Emergency Rental Assistance Program.

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

1. Approve a supplemental appropriation of $20,000 to Account 124-0832-463- 4297 for the Measure K Emergency Rent Relief Program (“Program”);

2. Authorize the City Manager to accept the funds for reimbursement of program expenditures from the County;

5.6 Attachment 1 - Resolution
144

3. Authorize the City Manager to include funds in the amount of $10,000 in the proposed budget for Fiscal Year 26-27 for the program to meet the condition of the grant awarded by the County of San Mateo; and

4. Find the request exempt from the CEQA pursuant to CEQA guideline section 15061(b)(3).

PASSED AND ADOPTED as a Resolution by the City Council of the City of Foster City at a Regular Meeting thereof held on December 15, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________

ART KIESEL, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

5.6 Attachment 1 - Resolution
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RESOLUTION NO. 081510

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA * * * * * *
MEASURE K: RESOLUTION AUTHORIZING A ONE-TIME GRANT OF DISTRICTDISCRETIONARY MEASURE K FUNDS, NOT TO EXCEED $20,000, TO CITY OF

FOSTER CITY FOR EMERGENCY RENT RELIEF FOR FOSTER CITY RESIDENTS,

AND AUTHORIZING THE COUNTY EXECUTIVE, OR DESIGNEE, TO EXECUTE THE

GRANT AGREEMENT
______________________________________________________________ RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that
WHEREAS, Measure K is the half-cent general sales tax initially approved by San Mateo County voters in November 2012, and extended in November 2016 for a total of thirty years; and
WHEREAS, the Board and County staff have conducted study sessions and community outreach efforts to inform priorities for Measure K spending; and WHEREAS, the Board has held study sessions on Measure K expenditures and anticipated revenue for fiscal years (FY) 2025-27, and has approved funds, divided equally among the supervisorial districts, for one-time district-discretionary needs and projects; and
WHEREAS, Supervisorial District 2 has requested a one-time $20,000 grant to City of Foster City for emergency rent relief for Foster City residents; and

5.6 Attachment 2 - County Resolution No. 081510
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WHEREAS, this item is consistent with the criteria for district-discretionary Measure K funds approved by the Board in December 2018; and WHEREAS, there are sufficient Measure K funds in the Non-Departmental Services FY 2025-26 Adopted Budget; and
WHEREAS, it is the Board’s intent for the County Executive, or designee, to execute an agreement in the amount of $20,000 to City of Foster City and setting forth the terms of the grant in furtherance of the objectives set forth in the Project Summary section in the Board transmittal accompanying this resolution; and WHEREAS, this Board has been presented with a form of the grant agreement and has examined it and approved it as to both form and content and desires to enter into the agreement.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Supervisors approves of said grant, and authorizes the County Executive, or designee, to execute said grant agreement.

BE IT FURTHER RESOLVED that the County Executive or designee is authorized to execute amendments to the grant agreement which modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions.
* * * * * *

5.6 Attachment 2 - County Resolution No. 081510
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RESOLUTION NUMBER: 081510
Regularly passed and adopted this 18th day of November, 2025 AYES and in favor of said resolution:

Supervisors: NOELIA CORZO

RAY MUELLER

LISA GAUTHIER
DAVID J. CANEPA
NOES and against said resolution:

Supervisors: NONE
ABSTENTIONS:

Supervisors: JACKIE SPEIER
President, Board of Supervisors
County of San Mateo
State of California
Certificate of Delivery
I certify that a copy of the original resolution filed in the Office of the Clerk of the Board of Supervisors of San Mateo County has been delivered to the President of the Board of Supervisors.

Deputy Clerk of the Board of Supervisors

5.6 Attachment 2 - County Resolution No. 081510
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Agreement No. ____________________ Board Resolution No. 081510

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Foster City City CouncilDecember 15, 2025

Foster City City Council
December 15, 2025