Agenda packet — Foster City City Council, June 1, 2026 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Monday, June 01, 2026 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing June 2026 as LGBTQ Pride Month

4.2. A Proclamation Recognizing and Observing Juneteenth

4.3. Presentation by the San Mateo County Transportation Authority (SMCTA) Regarding the 101 Corridor Connect Update

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

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

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

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

6.1. City/EMID Special Meeting Minutes of May 11, 2026

6.2. City/EMID Regular Meeting Minutes of May 18, 2026

6.3. City/EMID Special Meeting Minutes of May 19, 2026

6.4. A Resolution of the City Council of the City of Foster City, California, Establishing the Property Tax Rate for General Obligation Bonds for Fiscal Year 202627
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Approving a First Amendment to the Agreement with the County of San Mateo for Continued Provision of Animal Control Services for a ThreeYear Term Beginning July 1, 2026 through June 30, 2029 and Authorizing the City Manager to Execute the Agreement
a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

Hillsdale Boulevard to Bounty Drive; The Closure of Vehicular Traffic Flow on Balclutha Drive West of the Turnaround Located in Front of the PJCC Campus and Shell Boulevard; The Shell Boulevard Exit From the South Service Road of the PJCC Campus; And the Shell Boulevard Exit From Civic Center Drive for the Fourth of July Celebration on July 4, 2026 a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the City Council of the City of Foster City Adopting the Street Rehabilitation Project (20262027) and the Bicycle and Pedestrian Improvements Project (20262027) for Fiscal Year 20262027 To Be Funded by SB 1: The Road Repair and Accountability Act of 2017; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15061(B)(3) and 15301(C) (Class 1Existing Facilities)
a) Staff Report
b) Adopt Resolution

6.8. A Resolution of the City Council of the City of Foster City Authorizing an Appropriation in the Amount of $9,420 from the General Plan Maintenance Fund (Fund 128) to Account 12808384194251; Authorizing the Mayor to Execute Contract Amendment No. Four (4) to the Agreement with Fehr and Peers in the Amount of $9,420 for the Foster City Bicycle and Pedestrian Master Plan; and Finding the Approval of the Amendment Exempt from Review under the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21000
a) Staff Report
b) Adopt Resolution

6.9. a) A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding for the Foster City Police Officers Association (FCPOA), Effective July 1, 2026 to June 30, 2029; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the Foster City Police Officers Association (FCPOA) Effective July 1, 2026 to June 30, 2029
c) Staff Report
d) Adopt Resolutions

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments Regarding the FY 2026 27 and FY 202728 Preliminary Budget
a) Staff Report
b) Open Public Hearing
c) Receive Public Hearing
d) Close Public Hearing
e) Action – By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Report on Fiscal Year 202526 Third Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

9.1. Consideration of the Amended and Restated City/District Manager Stefan Chatwin’s Employment Agreement
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Approving the Amended and Restated City Manager Stefan Chatwin’s Employment Agreement
c) Action A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Amended and Restated District Manager Stefan Chatwin’s Employment Agreement

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were processed via ACH on May 5, 2026, and Warrants of Demands were Processed and Issued on May 14, 2026
a) Information Item Only
b) No Action Required

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

12. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 01, 2026 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing June 2026 as LGBTQ Pride Month

4.2. A Proclamation Recognizing and Observing Juneteenth

4.3. Presentation by the San Mateo County Transportation Authority (SMCTA) Regarding the 101 Corridor Connect Update

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

6.1. City/EMID Special Meeting Minutes of May 11, 2026

6.2. City/EMID Regular Meeting Minutes of May 18, 2026

6.3. City/EMID Special Meeting Minutes of May 19, 2026

6.6. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

7. PUBLIC HEARINGS

8. REPORTS

8.1. Report on Fiscal Year 202526 Third Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were processed via ACH on May 5, 2026, and Warrants of Demands were Processed and Issued on May 14, 2026
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 01, 2026 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing June 2026 as LGBTQ Pride Month

4.2. A Proclamation Recognizing and Observing Juneteenth

4.3. Presentation by the San Mateo County Transportation Authority (SMCTA) Regarding the 101 Corridor Connect Update

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

6.1. City/EMID Special Meeting Minutes of May 11, 2026

6.2. City/EMID Regular Meeting Minutes of May 18, 2026

6.3. City/EMID Special Meeting Minutes of May 19, 2026

6.6. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

7. PUBLIC HEARINGS

8. REPORTS

8.1. Report on Fiscal Year 202526 Third Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were processed via ACH on May 5, 2026, and Warrants of Demands were Processed and Issued on May 14, 2026
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 01, 2026 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing June 2026 as LGBTQ Pride Month

4.2. A Proclamation Recognizing and Observing Juneteenth

4.3. Presentation by the San Mateo County Transportation Authority (SMCTA) Regarding the 101 Corridor Connect Update

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

6.1. City/EMID Special Meeting Minutes of May 11, 2026

6.2. City/EMID Regular Meeting Minutes of May 18, 2026

6.3. City/EMID Special Meeting Minutes of May 19, 2026

6.6. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

7. PUBLIC HEARINGS

8. REPORTS

8.1. Report on Fiscal Year 202526 Third Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were processed via ACH on May 5, 2026, and Warrants of Demands were Processed and Issued on May 14, 2026
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 01, 2026 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing June 2026 as LGBTQ Pride Month

4.2. A Proclamation Recognizing and Observing Juneteenth

4.3. Presentation by the San Mateo County Transportation Authority (SMCTA) Regarding the 101 Corridor Connect Update

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

6.1. City/EMID Special Meeting Minutes of May 11, 2026

6.2. City/EMID Regular Meeting Minutes of May 18, 2026

6.3. City/EMID Special Meeting Minutes of May 19, 2026

6.6. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

7. PUBLIC HEARINGS

8. REPORTS

8.1. Report on Fiscal Year 202526 Third Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were processed via ACH on May 5, 2026, and Warrants of Demands were Processed and Issued on May 14, 2026
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 01, 2026 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. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing June 2026 as LGBTQ Pride Month

4.2. A Proclamation Recognizing and Observing Juneteenth

4.3. Presentation by the San Mateo County Transportation Authority (SMCTA) Regarding the 101 Corridor Connect Update

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

6.1. City/EMID Special Meeting Minutes of May 11, 2026

6.2. City/EMID Regular Meeting Minutes of May 18, 2026

6.3. City/EMID Special Meeting Minutes of May 19, 2026

6.6. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

7. PUBLIC HEARINGS

8. REPORTS

8.1. Report on Fiscal Year 202526 Third Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were processed via ACH on May 5, 2026, and Warrants of Demands were Processed and Issued on May 14, 2026
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

6 4.1

4.1 Proclamation

7 4.2

4.2 Proclamation

8 101 Corridor Connect
Program Update
Ci ty of F oster Ci ty

4.3 Presentation

9 WHAT IS 101 CORRIDOR CONNECT?
• A collaborative program to identify and prioritize congestion management projects along US 101 in San Mateo County.
• It looks beyond just highway infrastructure and considers the mobility needs of the corridor as a whole.
• Program partners include Caltrans, cities, transit agencies, San Mateo County, and C/CAG.

4.3 Presentation

10 Program Goals
3 Connected
Connect people
to the places
they need to go.

Sustainable
Improve air quality
and reduce
emissions.

Inclusive
Increase access
for underserved
communities.

Safe
Enhance safety
for users of the
transportation
network.

4.3 Presentation

11 MULTIMODAL STRATEGIES
North County | Mid County | South County
4 4.3
Presentation

12 What is a
Multimodal
Strategy?
5 The Multimodal Strategies are planning
documents that identify and prioritize
needed projects in San Mateo County.

Multimodal Strategies were developed for
the entire 101 corridor as the first
initiative of 101 Corridor Connect.

Projects include highway, active
transportation, transit, other types of
improvements.

4.3 Presentation

13 Community/
Stakeholder
Engagement
Components
6 • Project webpage
• Multilingual factsheet and
Frequently Asked Questions
document
• Press release
• Online survey
• Interactive recorded presentation
• Interactive mapping (available
online and at in-person events)
• Pop-up activities at local events
• Small group meetings with
community-based organizations
• Temporary signs at bus stops

4.3 Presentation

14 Multimodal Strategies Engagement Statistics
1,265 online
survey
responses
5,850 votes on
how to
improve travel
574
interactions at
pop-ups
429 comments
on interactive
maps
114 attending
CBO meetings 12 pop-ups

4.3 Presentation

15 Priority Projects
After the scoring and weighting, projects were ranked with the top 20 highest scoring projects.
8 4.3
Presentation

16 ACTIVE 101: US 101 SAN MATEO

COUNTY CROSSINGS

IMPROVEMENT PLAN
9 4.3
Presentation

17 WHAT IS ACTIVE 101?

4.3 Presentation

18 FALL 2024 COMMUNITY

ENGAGEMENT
Mult iling ua l
Pop Up Events
Presentations To
Stakehol ders
Responses To The
Online “Fund It”
Act ivit y
26 270+
6 4.3
Presentation

19 4.3
Presentation

20 101 Corridor Connect Program
Next Steps
13 4.3
Presentation

21 Priority Multimodal Safety and Congestion
Relief Projects
Foster City
• Multimodal Strategy
- Hillsdale Boulevard Multimodal
Safety Improvements
14 4.3
Presentation

22 101 Corridor Connect Mini-Grants ($4M available)
Funding for priority projects
Multimodal corridor study
Conceptual design alternatives
Community engagement
Available Funding
$750,000 per project
Up to $1M for multi-jurisdictional projects
No local match required
Streamlined Application
Letter of Interest including confirmation of
staff availability or technical assistance
request
Site Walk (if selected, must include at least
one City Council member)
15 4.3
Presentation

23 101 Corridor Connect Mini-Grants
April – May 2026
Talk with SMCTA
about potential
projects
June 2026
CFP released
July 2026
Applications due
August 2026
Funding
Decisions
16 4.3
Presentation

24 Key
Action
Items
17 Talk with staff and SMCTA about
projects
Apply to mini-grant program
Participate in site walk if selected
SMCTA CBO Bench for engagement

4.3 Presentation

25 18
Questions?
Sue-Ellen Atkinson
Manager, Planning and Fund Management
[email protected]

4.3 Presentation

26 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MAY 11, 2026

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Special Meeting of May 11, 2026 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 5:30 p.m. in the Emergency Operations Center (EOC), 1040 E. Hillsdale Blvd., Foster City, San Mateo County, California, by Mayor/President Art Kiesel.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Chris Dolberg, Senior System Analyst; Sandy Loi, Office Assistant II; Mark Strathdee, Video Technician,; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

NEW BUSINESS
APPOINTMENT OF ONE MEMBER TO A FULL FOUR-YEAR TERM FROM JUNE 1, 2026 THROUGH MAY 31, 2030 ON THE PLANNING COMMISSION. CITY RESOLUTION NO. 2026-045.

Communications Director/City Clerk Schaus presented the staff report.

The following applicants seeking appointment to the Planning Commission were interviewed by the City Council:

1. Jadesola Edwards;

2. Raymand Juballa; and

3. Douglas Stoveland.

Antoine Hines was not in attendance.

6.1 6.1 Minutes

27 Motion by Vice Mayor Niederhofer, seconded by Councilmember Venkat, and carried unanimously, 5-0-0, adopting City Resolution No. 2026-045, “A Resolution of the City Council of the City of Foster City Appointing One Member to the Foster City Planning Commission to a Full Four-Year Term,” appointing Douglas Stoveland to a full four-year term from June 1, 2026 through May 31, 2030 on the Planning Commission.

CLOSED SESSION
Mayor/President Kiesel recessed the meeting into Closed Session for:

1. Conference with Labor Negotiators
Agency designated representative: Mayor
Unrepresented employee: City Manager; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 6:16 p.m. and reconvened at 7:22 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 Kiesel adjourned the meeting. Meeting adjourned at 7:22 p.m.

6.1 6.1 Minutes

28 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MAY 18, 2026

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of May 18, 2026 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 Art Kiesel.

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Diane Pitman, Administrative Services Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Sofia Mangalam, Community Development Director; Nate Cruz, Finance Director; Cory Call, Police Chief; Rob Lasky, IT Manager; Tiffany Oren, Recreation Manager; Laura Galli, Engineering Manager; Justin Lai, Senior Civil Engineer; Francine Magno, Senior Civil Engineer; Erik Hanan, Public Works Maintenance Worker I; Zack Tschierschky, Public Works Maintenance Worker I; Zaheed Danish, Public Works Maintenance Manager; Yelena Capello, Principal Management Analyst; Ryan Marquez, Senior Civil Engineer; Sibely Calles, Senior Management Analyst; Gonzalo Larios, Public Works Maintenance Superintendent; Greg Baeza, Interim Public Works Superintendent; Gerardo Delfin, Building Maintenance Worker II; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

6.2 6.2 Minutes

29 SPECIAL PRESENTATIONS
PROCLAMATION DECLARING THE WEEK OF MAY 17-23, 2026 AS "NATIONAL PUBLIC WORKS WEEK."
Mayor Kiesel presented the Proclamation Declaring the Week of May 17-23, 2026 as “National Public Works Week” to Zack Tschierschky, Public Works Maintenance Worker I.

PROCLAMATION RECOGNIZING MAY 2026 AS “MENTAL HEALTH MONTH.” Vice Mayor Niederhofer presented the Proclamation Recognizing May 2026 as “Mental Health Month” to Leticia Bido, San Mateo County Behavioral Health Commissioner, and Seona Srivastava, San Mateo County Behavioral Health Commission’s Youth Action Board member, representing Peninsula Suicide Prevention (PSP) at Felton Institute.

PRESENTATION BY SAMTRANS REGARDING 101/92 DIRECT CONNECTOR PROJECT UPDATE.

Carolyn Mamaradlo, Senior Project Manager from San Mateo County Transportation Authority (SMCTA), and Jessica Manzi, SMCTA Director of Project Delivery, gave the presentation.

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

City/EMID Consent Calendar

1. City/EMID Special Meeting Minutes of May 4, 2026;

2. City/EMID Regular Meeting Minutes of May 4, 2026;

3. City Resolution No. 2026-046, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with OpenGov Inc.

For a 3-Year and 4-Month Subscription to the OpenGov Budgeting Software in an Amount Not to Exceed $154,523;”

4. City Resolution No. 2026-047, “A Resolution of the City Council of the City of Foster City Approving and Authorizing Staff to Issue the Request for Contractor Qualifications for the Construction of the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301-717) and Finding the Project Exempt From CEQA Under Section 15301, 15302 and 15311;”

5. EMID Resolution No. 3848, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the President to Execute Contract Amendment No. One (1) to the Vendor Agreement With CD & Power in the Amount of $13,412.63 for the Emergency Generator Replacements Project (CIP 455-705); And Finding Project Exempt From Review Under the California Environmental

6.2 6.2 Minutes

30 Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15032 (Class 2-Existing Facilities).”

ITEM REMOVED FROM CONSENT CALENDAR

TASK ORDER WITH BKF ENGINEERS FOR ON-CALL CIVIL ENGINEERING SERVICES IN THE AMOUNT OF $153,815 WITH A CONTINGENCY OF $15,400 TO

PROVIDE SITE ASSESSMENT, DESIGN SERVICES, AND BID/CONSTRUCTION SUPPORT FOR CIP 301-725 INSTALL ELECTRIC VEHICLE CHARGING STATIONS.

CITY RESOLUTION NO. 2026-048.

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

Public Works Director Brozyna presented the staff report.

Discussion ensued.

Motion by Councilmember Sullivan, seconded by Councilmember Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2026-048, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Task Order With BKF Engineers for On-Call Civil Engineering Services in the Amount of $153,815 With a Contingency of $15,400 to Provide Site Assessment, Design Services, and Bid/Construction Support for CIP 301-725 Install Electric Vehicle Charging Stations; And Finding the Approval Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3).”

PUBLIC HEARING
PARKS AND RECREATION MASTER FEES AND SERVICE CHARGES FOR FY 2026- 2027 AND FY 2027-2028. CITY RESOLUTION NO. 2026-049. EMID RESOLUTION NO. 3849.

Parks and Recreation Director Schweigart and Recreation Manager Oren presented the staff report.

Mayor/President Kiesel opened a public hearing to hear and consider comments regarding the Parks and Recreation Master Fees and Service Charges for FY 2026-2027 and FY 2027-2028.

Steve Gunn addressed the City Council/EMID Board in person.

Without objection from the City Council/EMID Board, Mayor/President Kiesel closed the public hearing.

Discussion ensued.

6.2 6.2 Minutes

31 Motion by Vice Mayor/Vice President Neiderhofer, seconded by Councilmember/Director Jimenez, and carried, 4-1-0, Mayor/President Kiesel voted “no,” adopting City Resolution No. 2026-049, “A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for Parks and Recreation for FY 2026-2027 and FY 2027-2028,” and EMID Resolution No. 3849, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2026-2027 and FY 2027-2028.”

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

MINUTE ORDER NO. 2075.

Parks and Recreation Director Schweigart and Senior Civil Engineer Lai presented the staff report.

Discussion ensued.

Motion by Councilmember Jimenez, seconded by Vice Mayor Niederhofer, and carried unanimously, 5-0-0, adopting Minute Order No. 2075, receiving and accepting the Community Center Rebuild Project (CIP 301-678) General Update.

WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER PROGRAM - UPDATE FOR QUARTER 1 – JANUARY THROUGH MARCH 2026. MINUTE ORDER NO. 2076.

Public Works Director Brozyna and Senior Civil Engineer Magno presented the staff report.

Discussion ensued.

Motion by Director Sullivan, seconded by Director Venkat, and carried unanimously, 5-0- 0, adopting Minute Order No. 2076, receiving and accepting the report on the Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) - Clean Water Program - Update for Quarter 1 – January Through March 2026.

RESOLUTIONS FOR ADOPTION
TENTH AMENDMENT TO THE LEASE AGREEMENT BETWEEN V.B. GOLF LLC AND THE CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT . CITY RESOLUTION NO. 2026-050. EMID RESOLUTION NO. 3850.

City/District Manager Chatwin presented the staff report.

6.2 6.2 Minutes

32 Steve Gunn and Chris Aliaga, VB Golf CEO, addressed the City Council/EMID Board in person.

Discussion ensued.

Motion by Vice Mayor/Vice President Niederhofer, seconded by Councilmember/Director Venkat, and carried, 4-1-0, Councilmember/Director Sullivan voted “no,” adopting City Resolution No. 2026-050, “A Resolution of the City Council of the City of Foster City Approving a Tenth Amendment to the Lease Agreement Between V.B. Golf LLC and the City of Foster City/Estero Municipal Improvement District and Authorizing the Mayor to Execute the Tenth Amendment and Finding the Amendment to the Lease Not a Project and if a Project, Is Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3),” and EMID Resolution No. 3850, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Tenth Amendment to the Lease Agreement Between V.B. Golf LLC and the City of Foster City/Estero Municipal Improvement District and Authorizing the Board President to Execute the Tenth Amendment and Finding the Amendment to the Lease Not a Project and if a Project, Is Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3).”

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

City/District Warrants of Demands were Processed and Issued on April 16, 2026, April 30, 2026, and ACH were processed on April 3, 2026.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Jimenez stated she attended a SamTrans Board of Directors meeting with Vice Mayor/Vice President Niederhofer on May 6, where they received a presentation on their Draft Local Investment Plan regarding the potential SB 63 Regional Tax Measure Return-to-Source Funds. On May 14, she attended the City/County Association of Governments of San Mateo County (C/CAG) Board meeting.

Vice Mayor/Vice President Niederhofer stated she attended the Be Sensitive, Be Brave Mental Health Training for Elected Officials workshop hosted by the San Mateo County Behavioral Health & Recovery Services Office of Diversity and Equity on May 9. On May 12, she attended the Foster City Village Spring Party Celebration, and the Real Estate Economic Market Analysis Virtual Community Meeting hosted by the Community Development Department on May 14. On May 15, she met with representatives from Gilead Sciences to discuss the Chess Hatch Project. On May 17, she spoke to local Boy Scout Troop 47 about topics of leadership, teamwork, and community responsibility at their Patrol Leader Council Boot Camp.

6.2 6.2 Minutes

33 Councilmember/Director Sullivan stated he attended the Council of Cities meeting hosted by the City of Burlingame on May 15.

Councilmember/Director Venkat stated she attended the Peninsula Heritage Center of India’s Bollywood Blues Fundraiser Event at Foster City Elementary School. On May 11, she met with representatives from Gilead Sciences to discuss the Chess Hatch Project and received a walking tour of their facilities. On May 14, she attended the Real Estate Economic Market Analysis Virtual Community Meeting. She attended the San Mateo County API Foundation’s Fundraiser Event on May 15, and the Organization of Chinese Americans (OCA) Chapter of San Mateo County’s Scholarship Celebration on May 16.

Mayor/President Kiesel stated on May 7, he met with representatives of Gilead to discuss the Chess Hatch Project. On May 11, he attended the San Mateo County Library Joint Powers Authority (JPA) Governing Board meeting, where they discussed their budget for the 2026-2027 Fiscal Year. On May 15, he attended the Housing Leadership Council of San Mateo County (HLC) 2026 Affordable Housing Month Policy Breakfast.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Kiesel adjourned the meeting. Meeting adjourned at 9:08 p.m.

6.2 6.2 Minutes

34 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MAY 19, 2026

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Special Meeting of May 19, 2026 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 Emergency Operations Center (EOC), 1040 E. Hillsdale Blvd., Foster City, San Mateo County, California, by Mayor/President Art Kiesel.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City Manager; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Nate Cruz, Finance Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Cory Call, Police Chief; Rob Lasky, IT Manager; Tiffany Oren, Recreation Manager; Frank Fanara, Parks Manager; Laura Galli, Engineering Manager; Michael Miller, Fleet Supervisor; Zaheed Danish, Public Works Maintenance Manager; Yelena Capello, Principal Management Analyst; Waqas Hasan, Assistant Finance Director; Kitty Dandan, Financial Services Manager; Chuck Venook, Chief Building Official; Thai-Chau Le, Planning Manager; Nori Jabba, Housing and Sustainability Manager; Jonathan Brasher, Principal Building Inspector; Becki Hanan, Senior Management Analyst; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
Shankar Kenkre addressed the City Council in person.

6.3 6.3 Minutes

35 REPORTS
PRELIMINARY BIENNIAL BUDGET FOR FISCAL YEARS 2026-27 AND 2027-28 AND FIVE-YEAR FINANCIAL PLAN FOR FY 2026-27 TO FY 2030-31. MINUTE ORDER NO. 2077.

Finance Director Cruz presented the staff report.

Discussion ensued.

Motion by Vice Mayor/Vice President Niederhofer, seconded by Councilmember/Director Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 2077, receiving and accepting the report and directing staff to proceed with incorporating the terms from the FY 2026-27 and FY 2027-28 Biennial Budget and Five-Year Financial Plan for FY 2026- 27 to FY 2030-31 for a June 1 public hearing followed by final adoption on June 15, 2026.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/ President Kiesel adjourned the meeting. Meeting adjourned at 8:58 p.m.

6.3 6.3 Minutes

36 1
2 1
3 DATE: June 1, 2026

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

FROM: Nate Cruz, Finance Director
Waqas Hassan, Assistant Finance Director
DEPARTMENT: Finance
SUBJECT: ESTABLISHING THE PROPERTY TAX RATE FOR GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2026-27

RECOMMENDATION
It is recommended that the City Council approve the attached resolution establishing the property tax rate for General Obligation Bonds for Fiscal Year (“FY”) 2026-27.

EXECUTIVE SUMMARY
In August 2020, the City issued General Obligation Bonds, Series 2020 (Levee Protection Planning and Improvements Project) "Bonds" in the aggregate principal amount of $85 million. In July 2023, due to the subsequent increase in the total cost of the Project, the City issued a second tranche of $5 million Bonds for a total of $90 million.

The City Council is required annually to levy property tax sufficient to pay the principal and interest on the Bonds. City staff has determined that a combined tax rate of $0.0277 per $100 of assessed value (equates to $27.70 per $100,000 of assessed value) upon taxable properties in the City is necessary to pay for the total annual debt service including principal and interest of $4,254,163 (payable on February 1, 2027 and August 1, 2027).

6.4 6.4 Staff Report

37 1
2 1
3 BACKGROUND/ANALYSIS
In June 2018, Foster City voters approved a ballot measure authorizing the issuance of up to $90 million in General Obligation Bonds for the Levee Protection Planning and Improvements Project. In August 2020, the City Council authorized the issuance of the first tranche of the General Obligation Bonds in the aggregate principal amount of $85 million. In July 2023, due to the subsequent increase in the total cost of the Project, the City issued a second tranche for $5 million Bonds of the total approved amount of $90 million. In order to pay the total annual debt service of $4,254,163 including principal and interest (payable on February 1, 2027 and August 1, 2027), City staff has determined that a combined property tax rate of $0.0277 per $100 of assessed value (equates to $27.70 per $100,000 of assessed value) is appropriate in FY 2026-271.

This combined rate corresponds to separate tax rate of $0.0256 per $100 of assessed value (equates to $25.60 per $100,000 of assessed value) for the 2020 General Obligation Bonds and $0.0021 per $100 of assessed value (equates to $2.10 per $100,000 of assessed value) for the 2023 General Obligation Bonds. The County requires a City Council resolution providing the County with the authority to add this levy to their tax roll.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The recommended General Obligation Bonds tax levy provides funds needed in the City's Debt Service Fund for principal and interest payments for the bond year ending August 1, 2027. There is no impact on the General Fund.

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

Attachment 1 – Resolution
1 Notably, the tax levy proposed in this staff report applies to FY2026-27 even though the second debt service payment date of August 1, 2027 is in the following fiscal year. This allows sufficient time to collect property tax payments (which typically are received by the City in December and April) prior to the debt service due date.

6.4 6.4 Staff Report

38 RESOLUTION NO. _____________

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

CALIFORNIA, ESTABLISHING THE PROPERTY TAX RATE FOR GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2026-27

CITY OF FOSTER CITY
WHEREAS, on June 5 th, 2018, the voters of the City of Foster City (the “City”) approved a bond measure approving the issuance of up to $90 million in General Obligation Bonds for the Levee Protection Planning and Improvements Project (the “Bond Measure”); and
WHEREAS, the City Council of the City of Foster City (the “City Council”) authorized the issuance of General Obligation Bonds, Series 2020 (Levee Protection Planning and Improvements Project), the “Bonds”, in the aggregate principal amount of $85 million for purposes authorized under the Bond Measure; and WHEREAS, the City Council authorized the issuance of the second tranche of General Obligation Bonds, Series 2023, in the aggregate principal amount of $5 million, brining the total debt issuance amount to $90 million as authorized by the Bond Measure; and
WHEREAS, pursuant to Section 5403 of the Government Code, the City may levy a tax or assessment, as the case may be, in an amount clearly sufficient to pay that portion of the principal of and interest on said Bonds which is expected to become due and payable before the proceeds of the next succeeding tax or assessment levy will be available; and
WHEREAS, the City Council desires to establish the rate of property tax required to generate an amount of revenue from the tax base to provide sufficient monies to pay debt service on the Bonds; and
WHEREAS, the combined debt service on the Bonds for the bond year ending August 1, 2027 is $4,254,163.

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

1. The property tax rate within the City for General Obligation Bonds, Series 2020 for the fiscal year ending June 30, 2027 is established at $0.0256 per $100 assessed value, pursuant to Section 5403 of the Government Code.

2. The property tax rate within the City for General Obligation Bonds, Series 2023 for the fiscal year ending June 30, 2027 is established at $0.0021 per $100 assessed value, pursuant to Section 5403 of the Government Code.

6.4 Attachment 1 - Resolution

39 4
6 5
0 3. The combined property tax rate within the City for the Bonds (including Series 2020 and Series 2023) for the fiscal year ending June 30, 2027 be and hereby is established at $0.0277 per $100 assessed value, pursuant to Section 5403 of the Government Code.

BE IT FURTHER RESOLVED that the City Manager, Finance Director and the Assistant Finance Director are each hereby directed and authorized to take any and all actions necessary to ensure that such property tax rate is enrolled with the San Mateo Auditor-Controller.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 1st day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

ART KIESEL, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

40 DATE: June 1, 2026

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Kevin Ortiz, Management Analyst

DEPARTMENT: City Manager

SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH THE COUNTY

OF SAN MATEO FOR CONTINUED PROVISION OF ANIMAL

CONTROL SERVICES FOR A THREE-YEAR TERM BEGINNING
JULY 1, 2026 THROUGH JUNE 30, 2029

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute a First Amendment to the Agreement with the County of San Mateo (the “County”) for animal control services for a term of three years to begin July 1, 2026 through June 30, 2029.

EXECUTIVE SUMMARY

Animal control has been one of the longest running regional/shared services in San Mateo County. Since 1952, the County has contracted with the Peninsula Humane Society & SPCA (“PHS”) for animal control field and sheltering services. All twenty (20) cities in the County have in turn contracted with the County for these services.

Historically, cities have taken advantage of the economies of pooling resources in order to realize lower costs for services than each city could likely achieve by providing its own services.

PHS provides animal control services in a County-owned 45,000 square foot building located at 12 Airport Boulevard in San Mateo. The mandated animal control service functions, which occur at the Airport Boulevard facility, include: receiving and housing

6.5 6.5 Staff Report

41 stray animals; serving as the location for the public when looking for lost pets or surrendering animals; sheltering animals; spay/neuter clinic; and, vaccination clinic. For public convenience, licensing, micro-chipping, veterinary care and animal behavior work, and field services staff are at this location and respond to calls for service in the community.

To ensure continued provision of animal control services, it is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute a First Amendment to the Agreement with the County.

BACKGROUND

On January 5, 2021, the County released a request for proposals to 71 organizations for an Animal Care, Control and Shelter Services Contractor serving San Mateo County.

Two contractors submitted proposals on February 18, 2021 (Peninsula Humane Society & SPCA and Partners in Animal Care & Compassion/Pets in Need).

On March 4, 2021, a review committee composed of nine reviewers including a Deputy County Manager, a San Mateo County Fiscal Officer, five reviewers from various San Mateo County cities, and subject matter experts from Los Angeles and San Bernardino evaluated the proposals. The evaluation determined that both proposals were acceptable; however, Peninsula Humane Society & SPCA (PHS) scored higher overall.

Contract negotiations with PHS started on March 24, 2021 and negotiations were amicably concluded on April 3, 2021 with the following agreements:

Funding Term: Five-Year Budget (July 1, 2021 – June 30, 2026) Total Amount: $32,548,989.91
Entity Name: Peninsula Humane Society
Year 1 Budget Year 2 Budget Year 3 Budget Year 4 Budget Year 5 Budget Grand Budget Category Total Total Total Total Total Total
Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,957.00 $18,199,030.55 Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,296.46 $5,941,983.48 Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,431.45 $5,930,003.76 Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,058.36 $412,368.10 Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,393.27 $1,918,056.65 Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,602.48 $147,547.36 Total Expenditures $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,739.01 $32,548,989.91

6.5 6.5 Staff Report

42 ANALYSIS

Contractual animal control services provided by PHS will conclude on June 30, 2026; however, there is a clause in the current agreement that reads as follows:

“1. Term

Except as otherwise provided herein, and subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021, through June 30, 2026. The parties may extend the term for an additional three years if the parties mutually agree in writing. This Agreement becomes effective only after all jurisdictions identified on Exhibit D as Participating Cities adopt it by entering into the agreement for
animal control services between the County and participating cities. If such County/Services Agreement is not adopted by all jurisdictions shown on Exhibit D, this Services Agreement is null and void in its entirety unless Contractor and any of the jurisdictions shown on Exhibit D agree to use it as the basis for a Services Agreement applicable to those parties providing such written consent, with such changes in payment, scope of service, and other terms as the parties may agree.”

The County has met with the President of PHS and both parties agree to extend the Animal Care and Control Services Agreement for another three years until June 30, 2029.

The San Mateo County City Managers Association (SMCCMA) has also established a standing committee to do an in-depth review of the contract, performance audits, cost sharing formulas, and strategic direction for provision of countywide animal control services. The SMCCMA committee was directly involved with the County during contract negotiations and had a seat at the table with PHS and the County working out the details of the final outcome.

The contract has performed effectively, providing the cities with reliable animal control services and significantly reducing the number of complaints compared to previous years.

Provisions of the Proposed Amendment:

Only a few modifications have been made to the agreement, which are outlined below:

4.1.a The County will pay Animal Control Contractor the following agreed-to amounts.

These costs are to be reimbursed by the Cities as provided in Section 3.7 of the current agreement (Attachment 3).

Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67

6.5 6.5 Staff Report

43 2024-25 $6,674,024.00
2025-26 $6,858,739.01
2026-27 $7,037,138.11
2027-28 $7,220,177.44
2028-29 $7,407,977.72

This is less than a 3% increase a year for the contracted animal control services and this cost will be passed onto the City.

Section 4 County Responsibilities under 4.1 of the agreement are amended to read as follows:

4.1.b The County will pay Animal Licensing Contractor the following agreed-to amounts.

These costs are to be reimbursed by the Cities as provided in Section 3.7 (the table in

4.2 includes the payment for the contract PetData for approximately $1,096,827 for five years, which is $219,365 yearly and which will end on June 30, 2027).

Current Contract
2022-2027
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each additional year
Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag
Bank and supply fees Actual cost

Section 4 County Responsibilities under 4.2 of the agreement is amended to read as follows:

4.2 The County shall provide the administrative services as outlined in this Agreement for the following estimated amounts to be charged to and paid by the Cities. Costs may vary as labor negotiations and internal service charges are negotiated at a Countywide level. Cities will only be invoiced for the actual costs to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.7.

Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
2026-27 $872,301
2027-28 $898,470
2028-29 $925,424

6.5 6.5 Staff Report

44 Section 4 County Responsibilities under 4.3.j has been removed from the agreement.

This section was to arrange a performance audit or fiscal assessment of PHS, the animal control contractor. The County released an RFP in January to find a vendor to perform an audit of PHS and felt that it would not be fiscally responsible to turn around within three years and conduct another audit within three years and would wait until the new contract in 2027 and write it into the new contract. This is the reason for removal.

Section 5 General Provisions under 5.8 Term and Termination of the agreement is amended to read as follows:

5.8 Term and Termination. Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2029. Changes in the agreement language are highlighted in Attachment 2.

California Environmental Quality Act

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

FISCAL IMPACT

The City of Foster City's share of the total contract in FY 2026-2027 is 2.86% (or $178,279), with the City’s percentage share (and the share for all cities) being revisited annually. This is budgeted in the City Manager’s Office Administrative Expenses – Contractual, Professional, and Specialized Services Budget (Account No. 001-0110- 413-42-51).

Cost Allocation to Cities and Unincorporated County:

The number of service calls and sheltering animals generated by each city is tracked, and the average of the last three years’ data is used to set the upcoming year’s costs for member cities and for the County. Each city’s (and unincorporated County) three-year average usage data is weighted 41% for field services and 59% for shelter services, with a credit for revenues.

As mentioned above, annual costs are divided up in two ways. The first is to divide costs using a three-year average of usage, weighted 41% on field services and 59% on shelter usage. This weighting was selected by the negotiating team as it is representative of how PHS’s costs are actually divided.

The second factor in dividing costs is how to factor in offsetting revenues from animal licensing and collected fees. The contract gives each city credit for the animal licensing

6.5 6.5 Staff Report

45 and collected fees revenue attributable to that particular city as a direct offset of its own share of costs. That change gives cities a mechanism to lower their costs by allowing them to do additional outreach to their residents to license and vaccinate their animals.

Note that City staff will continue to coordinate community outreach efforts related to animal licensing and vaccinations through multiple mediums/platforms used by the City, including, but not limited to: newsletter and social media.

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

Attachment 1 – Resolution
Attachment 2 – Proposed First Amendment to the Agreement with the County of San Mateo
Attachment 3 – Agreement with the County of San Mateo (dated July 1, 2021) Attachment 4 – Estimated FY 2026-2027 Animal Control Costs

6.5 6.5 Staff Report

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2 RESOLUTION NO.____________

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

APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF

SAN MATEO FOR CONTINUED PROVISION OF ANIMAL CONTROL SERVICES FOR A THREE-YEAR TERM BEGINNING JULY 1, 2026 THROUGH JUNE 30, 2029 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

CITY OF FOSTER CITY
WHEREAS, the County of San Mateo (“County”) has contracted with the Peninsula Humane Society (“PHS”) for animal control field and sheltering services since 1952; and WHEREAS, all twenty cities in the County have in turn contracted with the County for the provision of these services in order to take advantage of the efficiencies of pooling resources to realize lower costs for services than each city could likely achieve by providing its own services; and
WHEREAS, the County issued a Request for Proposals, and along with a group of city representatives, negotiated a new contract with PHS; and WHEREAS, on July 1, 2021, the County and City entered into an Agreement for Animal Control Services for a five-year term ending on June 30, 2026; and WHEREAS, the County and City now wish to enter into the First Amendment to the Agreement for a three-year term, beginning July 1, 2026 through June 30, 2029; and WHEREAS, the City of Foster City’s estimated share of the total contract in FY 2026-2027 is 2.86% (or $178,279), with the City’s percentage share (and the share for all cities) being revisited annually.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve a First Amendment to the Agreement with the County of San Mateo for continued provision of animal control services for a three-year term beginning July 1, 2026 through June 30, 2029 and authorizes the City Manager to execute the agreement on behalf of the City.

6.5 Attachment 1 - Resolution

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7 0
2 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ART KIESEL, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

48 Amendment Template Version May 2021

AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND the Cities

THIS AMENDMENT TO THE AGREEMENT, entered into this ___________. 20___, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside, each hereinafter individually called a “City” and collectively called "Cities".

W I T N E S S E T H:

WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers; WHEREAS, the Cities and County, hereinafter collectively called "Parties", entered into an Agreement for animal care and control, shelter services and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 70 years with the current Agreement expiring on June 30, 2021; and
WHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; and
WHEREAS, On June 6, 2021, the Cities entered into an agreement with the County to facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and County for a term of 5 years ending on June 30, 2026.

WHEREAS, the Cities and County wish to amend the Agreement to extend the term up to June 30, 2029.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Section 2 Definitions under 2.3 Animal Control Program of the agreement is amended to read as follows:

2.3 Animal Control Program: The program within the County Health, or County’s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal control within the territorial limits of the County.

Section 2 Definitions under 2.6 Animal Licensing Service of the agreement is amended to read as follows:

2.6 Animal Licensing Program: The program within the San Mateo County Health, or County‘s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal licensing within its jurisdiction

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

49 Amendment Template Version May 2021 Page | 1
Section 2 Definitions under 2.9 Holidays of the agreement is amended to read as follows:

2.9 Holidays: Federally designated holidays with the addition of Easter and exclusion of Columbus Day/Indigenous Peoples' Day, in accordance with the Animal Control Contractor’s and Animal Licensing Contractor’s existing labor contracts
Section 3 Each City's Responsibilities under 3.3 Designation of Animal Control & License Revenue Collector of the agreement is amended to read as follows:

3.3 Designation of Animal Control & License Revenue Collector. Each City hereby designates County Health or County’s designated contractor as the entity authorized to collect, at Cities’ cost, animal control and licensing revenue on the part of each City
Section 4 County Responsibilities under 4.1.a of the agreement is amended to read as follows:

4.1.a The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
2026-27 $7,037,138.11
2027-28 $7,220,177.44
2028-29 $7,407,977.72

Section 4 County Responsibilities under 4.1.b of the agreement is amended to read as follows:

4.1.b T he County will pay Animal Licensing Contractor the following agreed -to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includes the payment for the contract Petdata for approximately $1,096,827 for five years, which is $219,365 yearly and which will end on June 30, 2027).

Current Contract
2016-2021
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each additional year Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag
Bank and supply fees Actual cost

Section 4 County Responsibilities under 4.2 of the agreement is amended to read as follows:

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

50 Amendment Template Version May 2021 Page | 2
to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
2026-27 $872,301
2027-28 $898,470
2028-29 $925,424

Section 4 County Responsibilities under 4.3.j of the agreement is amended to read as follows:

Section 4 County Responsibilities under 4.3.j has been removed from the agreement.

Section 5 General Provisions under 5.8 Term and Termination of the agreement is amended to read as follows:

5.8 Term and Termination. Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2029.

Except as otherwise provided by this section, this Agreement may not be terminated by any party during the effective period from July 1, 2021 through June 30, 2026. Each City is responsible for its annual percentage share under this Agreement for the entire term of this Agreement.

In the event any City fails to pay its percentage share as set forth in this Agreement and Exhibit B, every other City shall promptly pay its Proportionate Share of Cost of the non-payment, unless and until the County is able to recover the non-payment from the late or non-paying City.

This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Animal Licensing Services Agreement. Each City shall promptly pay its Proportionate Share of Cost as set forth in Exhibit B for all services rendered prior to termination.

Section 5 General Provisions under 5.15 Notices of the agreement is amended to read as follows:

5.15 Notices. Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

51 Amendment Template Version May 2021 Page | 3
in the introduction of this Agreement or at such other address as any City may specify in writing to the County.

In the case of County, to:

Name/Title: Lori Morton-Feazell, Program Manager of Animal Control and Licensing Address: 1600 W. Hillsdale Blvd San Mateo, CA 94402
Telephone: 650.573.2623
Email: [email protected]

4. All other terms and conditions of the agreement dated [Enter information here], between the County and Contractor shall remain in full force and effect.

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

52 Amendment Template Version May 2021 Page | 4
IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. The Cities of Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside have caused this Agreement to be subscribed by its duly authorized officer and attested by its Clerk.

For County:

COUNTY OF SAN MATEO

By:

President, Board of Supervisors, San Mateo County

Date:

ATTEST:

By:

Clerk of Said Board

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

53 Amendment Template Version May 2021 Page | 5

_____________________________
Dated:

ATTEST:

_____________________________
Town of Atherton, Clerk

TOWN OF ATHERTON

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

54 Amendment Template Version May 2021 Page | 6
_____________________________
Dated:

ATTEST:

_____________________________
City of Belmont, Clerk

CITY OF BELMONT

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

55 Amendment Template Version May 2021 Page | 7
_____________________________
Dated:

ATTEST:

_____________________________
City of Brisbane, Clerk

CITY OF BRISBANE

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

56 Amendment Template Version May 2021 Page | 8
_____________________________
Dated:

ATTEST:

_____________________________
City of Burlingame, Clerk

CITY OF BURLINGAME

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

57 Amendment Template Version May 2021 Page | 9
_____________________________
Dated:

ATTEST:

_____________________________
Town of Colma, Clerk

TOWN OF COLMA

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

58 Amendment Template Version May 2021 Page | 10
_____________________________
Dated:

ATTEST:

_____________________________
City of Daly City, Clerk

CITY OF DALY CITY

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

59 Amendment Template Version May 2021 Page | 11
_____________________________
Dated:

ATTEST:

_____________________________
City of East Palo Alto, Clerk

CITY OF EAST PALO ALTO

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

60 Amendment Template Version May 2021 Page | 12
_____________________________
Dated:

ATTEST:

_____________________________
City of Foster City, Clerk

CITY OF FOSTER CITY

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

61 Amendment Template Version May 2021 Page | 13
_____________________________
Dated:

ATTEST:

_____________________________
City of Half Moon Bay, Clerk

CITY OF HALF MOON BAY

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

62 Amendment Template Version May 2021 Page | 14
_____________________________
Dated:

ATTEST:

_____________________________
Town of Hillsborough, Clerk

TOWN OF HILLSBOROUGH

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

63 Amendment Template Version May 2021 Page | 15
_____________________________
Dated:

ATTEST:

_____________________________
City of Menlo Park, Clerk

CITY OF MENLO PARK

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

64 Amendment Template Version May 2021 Page | 16
_____________________________
Dated:

ATTEST:

_____________________________
City of Millbrae, Clerk

CITY OF MILLBRAE

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

65 Amendment Template Version May 2021 Page | 17
_____________________________
Dated:

ATTEST:

_____________________________
City of Pacifica, Clerk

CITY OF PACIFICA

___________________________
by

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66 Amendment Template Version May 2021 Page | 18
_____________________________
Dated:

ATTEST:

_____________________________
Town of Portola Valley, Clerk

TOWN OF PORTOLA VALLEY

___________________________
by

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67 Amendment Template Version May 2021 Page | 19
_____________________________
Dated:

ATTEST:

_____________________________
City of Redwood City, Clerk

CITY OF REDWOOD CITY

___________________________
by

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68 Amendment Template Version May 2021 Page | 20
_____________________________
Dated:

ATTEST:

_____________________________
City of San Bruno, Clerk

CITY OF SAN BRUNO

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

69 Amendment Template Version May 2021 Page | 21
_____________________________
Dated:

ATTEST:

_____________________________
City of San Carlos, Clerk

CITY OF SAN CARLOS

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

70 Amendment Template Version May 2021 Page | 22
_____________________________
Dated:

ATTEST:

_____________________________
City of San Mateo, Clerk

CITY OF SAN MATEO

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

71 Amendment Template Version May 2021 Page | 23
_____________________________
Dated:

ATTEST:

_____________________________
City of South San Francisco, Clerk

CITY OF SOUTH SAN FRANCISCO

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

72 Amendment Template Version May 2021 Page | 24
_____________________________
Dated:

ATTEST:

_____________________________
Town of Woodside, Clerk

TOWN OF WOODSIDE

___________________________
by

6.5 Attachment 2 - Proposed First Amendment to the Agreement with the County of San Mateo

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AGREEMENT BETWEEN THE COUNTY OF SAN MATEO ANDTHE CITIES OF ATHERTON, BELMONT, BRISBANE, BURLINGAME,COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY,HILLSBOROUGH, MENLO PARK, MILLBRAE, PACIFICA, PORTOLA VALLEY, REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND WOODSIDE FOR FACILITATION AND COORDINATION OF ANIMAL CONTROL SERVICESTHIS FACILITATION AND COORDINATION OF ANIMAL CONTROL SERVICES AGREEMENT, hereinafter called “Agreement”, entered into this first day of July, 2021, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside, each hereinafter individually called a “City” and collectively called the “Cities”;WITNESSETHWHEREAS, the Cities have passed and are responsible for enforcing local ordinances governing the regulation, licensing and impounding of certain animals within the territorial limits of the Cities; andWHEREAS, the Cities and County, hereinafter collectively called “Parties”, wish to enter into a written agreement for animal care and control, shelter services, and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 70 years with the current Agreement expiring on June 30, 2021; andWHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; andWHEREAS, the Cities desire the County facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and Countyfor a term of 5 years ending on June 30, 2026; and

6.5 Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

74 2
WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers.NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:1. Exhibits and AttachmentsThe following exhibits are attached to this Agreement and incorporated into thisAgreement by this reference:Exhibit A— Contract AreasExhibit B— Proportionate Share of CostAttachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCAAttachment 2 - Agreement between County of San Mateo and PetData Inc.Attachment 3 - Memorandum of Agreement Regarding Funding For Construction Of An Animal Care Shelter2. Definitions2.1Administrative Costs:The actual costs, including, but not limited to, salaries, benefits, dispatch, and equipment maintenance,incurred by the County to administer the Animal Control Program and Animal Licensing Program as outlined in this Agreement in an effort to facilitate a coordinated countywide system.2.2Animal Control Contractor:Thecontractor selected as set forth in Section 5.2of this Agreement, which is specifically charged with providing services and enforcing laws relating to h animal care and control, shelter services and animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.2.3Animal Control Program:The program within the Health System of the County, or County’s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal control within the territorial limits of the County.2.4Animal Control Services Agreement or Services Agreement:Agreement in which the Animal Control Contractor agrees to perform on behalf of Parties and the County agrees to compensate, using County and City funds, the Animal ControlContractor for performance of certain

6.5 Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

75 3
specified animal care, animal control, and shelter services asprovided for in this Agreement.2.5Animal Licensing Contractor:The contractor as set forth in Section 5.2 of this Agreement, which is specifically charged with administeringand enforcing laws dealing with animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.2.6Animal Licensing Program:The program within the Health System of the County, or County‘s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal licensing within its jurisdiction.2.7Animal Licensing Services Agreement:Agreement in which the Animal Licensing Contractor agrees to perform on behalf of the Parties and the County agrees to compensate, with County and City funds, Animal Licensing Contractor for performance of certain specified animal licensing services as provided for in this Agreement.2.8City or Cities:Any or all of the cities listed in Exhibit A, attached and incorporated by reference herein.2.9Holidays:Federally designated holidays with the addition of Easter and exclusion of Columbus Day, in accordance with the Animal Control Contractor’s and Animal Licensing Contractor’s existing labor contracts.2.10Impounded Animal:An animal that has been picked up byAnimal Control Contractor, other public employee or officer,or by a private citizen and deposited at the County animal shelter.3. Each City’s Responsibilities3.1Delivery of Animals.Any animal taken into custody by an employee or officer of the County or an employee or officer of aCity shall be delivered to the Animal Control Contractor at the County animal shelter or held in a humane way at a designated holding area until it can be picked up by Animal Control Contractor.3.2Uniform Ordinances and Citation Authority.This Agreement is based on an expectation that each City will adopt and maintain animal control ordinance(s) which aresubstantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as they currently exist or maybe amended by County from time to time, to be effective within each City’s territorial limits.The

6.5 Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

76 4
fee schedule adopted by each City shall be thesame as outlined in Chapter 6.04.290, as may be amended by County from time to time, of the San Mateo County Ordinance Code, hereinafter “County Ordinance”.City acknowledges that the County plans to amendits animal control ordinances, with the goal for adoption within the next twelve (12) months. Enforcement of provisions of any City’s ordinance to the extent that it differs substantially from the County Ordinance, as amended by County from time to time, and results in an increase to Animal ControlContractor’s costs, shall be reimbursed directly by the City requiring additional services, as negotiated between the City requiring additional services and the Animal Control Contractor. Provision of services under the Animal Control Services Agreement shall take priority over such additional services provided separately pursuant to this Section.3.3Designation of Animal Control & License Revenue Collector.Each City hereby designates the Health System of the County or County’s designated contractor as the entity authorized to collect, at Cities’ cost,animal control and licensing revenue on the part of each City.3.4Permits for Public Events.Each City shall request input from the Animal Control Contractor prior to issuing permits for public exhibitions and events which include animals. TheAnimal Control Contractor is entitled to recover costs directly from the City in which exhibition or event will be located which relate to staffing that may result during or after the exhibition or event. Such costs will be collected by the Animal Control Contractor based on a fee schedule approved by the City in which the event is taking place, or as agreed between the Animal Control Contractor and the individual City. Any agreement with the Animal Control Contractor will require expeditious review of permits andinput to the City. The provisions of this paragraph do not apply to public exhibitions and events where the only animals included in such events are anticipated to be service animals or police dogs.3.5City Liaison.Each City shall designate a representative to act as a liaison for animal control and licensing administration and enforcement issues for when County requests input from the City.If no contact person is designated, the City contact person shall be the City Manager.3.6Defense of Dangerous/Vicious Animal Determinations, Spay/Neuter Requirements, and Service Animal Designations.Parties acknowledge that each City is and will remain solely responsible for arranging and conducting hearings under its Dangerous and Vicious

6.5 Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

77 5
Animal, Spay/Neuter, and Fancier Ordinances, including but not limited to providing hearing officers and a location for the hearings. The cost to hold the hearing will be the sole responsibility of each City and collection of the hearing fee, based on the City’s fee ordinance, will be collected and retained by the City.However, the Parties agree that, at aCity’s option and for its convenience, a City may utilize County offices and/or the services of theCountyhearing officers for purposes of conducting Dangerous/Vicious Animal Hearings under the provisions of each City’s Dangerous and Vicious Animal Ordinance, Spay/Neuter Hearings under the provision of each City’s Spay/Neuter Ordinance, and/or Fancier Hearings under the provision of each City’s Fancier Ordinance. The hearing fee, based on the City’s fee ordinance, will be collected from the person requesting the hearing by the County under the terms of this Agreement, if possible. If such fee is not collected, the City shall remain responsible for such costs.The Parties also recognize that in the event a City elects to utilize theservices of a County hearing officer, the City remains solely responsible for the defense of any appeal of or challenge to an administrative decision rendered by the hearing officer. Further, the City remains responsible for any claims, damages, costs or other losses resulting from any decision, act or omission of the hearing officer acting in the course and scope of his or her capacity as hearing officer or from any court judgment based on claims, actions or appeals resulting from Dangerous/Vicious Animal hearings, decisions or findings; Spay/Neuter requirements, hearings, decisions or findings; and/or Fancier requirements, hearings, decisions or findings made under each City’s ordinances.Furthermore, the Parties agree that, at aCity’s option and for its convenience, County offices will issue Service Animal tags and Breeder/Fancier Permits on behalf of each City upon County’sdetermination that such tag or permit shall be issuedon behalf of the City. Each City shall remain responsible for the decision to issue or not issue a Service Animal tag and/or issue or not issue a Breeder or Fancier Permit and shall remain responsible the defense of any action or claim and payment of any claims, damages, costs, or other losses resulting from such decision.3.7 In consideration of the services that will be coordinated and facilitated by County and provided by the Animal Control Contractor and Animal Licensing Contractorin accordance with all terms, conditions, and specifications set forth herein, and in the exhibits and attachments incorporated by reference herein, each City shall pay County based on

6.5 Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

78 6
the rates and in the manner specified below.Proportionate Share of Costs.Each City’s proportionate share of the cost of services (“Proportionate Share of Costs”) provided under this Agreement shall be calculated as a percentage representing:a. That City’s percentage of total field services provided, averaged over the prior three calendar years;b. That City’s percentage of total shelter services provided, averaged over the prior three calendar years;c. With field services weighted at 41% and shelter services weighted at 59%.Net Program Costs.Each City shall pay the net program costs attributable to that City (“Net Program Costs”) which will be calculatedas follows:a. Determine total expenses for all services including Administrative Costs as defined in Section 2 of this Agreement and Animal Control Contractor and Animal Licensing Contractor costs;b. Subtract all revenue received, not including licensing revenue;c. Attribute the balance to each City based on that City’s Proportionate Share of Costs.d. Subtract from each City’s share of the balance the actual licensing revenue collected for that City during the previous calendar year. Annual Invoices.Each City will be invoiced for its Net Program Costs as follows:a. The County will calculate each City’s Proportionate Share of Costs, estimate Net Program Costs for the following fiscal year (July 1 –June 30), and will send an estimated invoice containing that information to each City no later than March 31stof each year;b. The County will send a final invoice (“Final Invoice”) based on actualNet Program Cost to each City no later than December 15thof each year; andc. Each City shall pay the County the amount shown on the Final Invoice no later than February 28thof each year.

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4. County Responsibilities4.1 Payments to be paid to Animal Control Contractor and Animal Licensing Contractor by the County and each City are as follows:a. The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.Fiscal Year Amount2021-22 $6,189,290.95 2022-23 $6,327,480.282023-24 $6,499,455.672024-25 $6,674,024.002025-26 $6,858,739.01b. The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includesthe payment for the contract Petdata for approximately $192,000).Current Contract2016-2021AmountOne year license $4.28 per licenseMulti-year license $4.28 for the first year and $2 for each additional yearLate fees collected $2.50 collection service fee for each licenseReplacement tags $4.28 per tagBank and supply fees Actual cost4.2 The County shall provide the administrativeservices as outlined in this Agreement for the following estimated amountsto be charged to and paid by the Cities.Costs may vary as labor negotiations and internal service charges are negotiated at a Countywide level. Cities will only be invoiced for the actual costs to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.7 above.Fiscal Year Amount2021-22 $790,8352022-23 $790,3752023-24 $814,0862024-25 $822,2272025-26 $846,894

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4.3 In consideration of the payment provided for in Sections 3.7 and 4.2,the County shall, for the administrative convenience of the Cities and for the purpose of coordinating animal services countywide, provide the additional following administrative services:a. Work with the City Attorney, designated City liaisonor City Manager of each City on any issues that require input from the City, including, but not limited to, during and following the administrative hearing process.b. Collect, maintain, and report available data as requested by eachCity, including, but not limited to, annual Performance Measures.The Animal Control Program Manager or designee will monitor the performance of the Animal Control Contractor and Animal Licensing Contractorand will notify the City Liaison if there is a deficiency in service found.A meeting will be scheduled with Contractor and City liaisons to discuss a plan to correct the service deficiency.c. With direction from each City, respond on behalf of eachCity to public inquiriesregarding the Animal Control Program and the Animal Licensing Program.d.Provide monthly report showing field, shelter, licensing activities, and Dangerous Animal Permit holders.e. Provide dispatch services for after-hours/holiday calls for animal control and licensing.f. Provide radio maintenance services on radio equipment owned by the Parties and used to perform services as outlined in Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA – Attachment M - County-Owned Radio Equipment.g. For the convenience of the Cities, provide animal licensing tags for dogs, cats, animals held under a Dangerous Permit, and animals designated as Service Animals.h. For the convenience of the Cities, make reasonable attempts to collect and provide collection services for:1. Animal control fees that are deemed uncollectable by the Animal Control Contractor after reasonable efforts by the Contractor to collect; and

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2. Licensing fees that are deemed uncollectable by the Animal Licensing Contractor after reasonable efforts by the Contractor to collect; and3. Any other fees for services provided to each City under the terms of this Agreement.The County’s cost to provide collection services will be included in the administrative cost to facilitate this Agreement. The Cities acknowledge and agree that the County is not responsible for anyfees that remain uncollected after reasonable efforts are made to collect. In the event that a City determines that additional collection efforts are warranted, it may undertake such efforts at its own expense. Any shortfall in revenues caused by uncollected fees shall be the responsibility of all Cities based on the proportionate share of costs.i. Annually provide each City with the audit report required and completed as outlined in Attachment 1.j. Annually, arrange and oversee a performance auditor fiscal assessment following the, Generally Accepted Government Auditing Standards (GAGAS) to assess whether the Animal Control Contractor is achieving efficiency and effectiveness in performance of the services provided and provide a copy of the performance audit to the Cities. The parameters of the audit and cost will be determined by a subgroup of all Parties through a County Request for Proposal process. Cities will be invoiced for the actual cost of said audit as outlined in Section 3.7 (estimate cost of $81,000 has been added to the administrative cost table in section 4.2).k. For Spay/Neuter Assistance Vouchers:1. Allocate one dollar from each annual license fee paid for a dog or cat to:i. When funds are available as determined by the County,assist pet owners and feral cat advocates with the cost to alter the dogs, cats, and feral cats that reside in the County on a county wide basis; andii. As funds are available as determined by the County,execute outreach efforts to educate residents on the responsibilities of owning a pet and the importance of altering, vaccinating, and licensing all dogs and cats.2. Issue, monitor and maintain a dog, cat, and feral cat database, allocating funds to the appropriate category of need based on the public’s requests.

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l. Pursuant to Section 3.6 of this Agreement, under the guidelines of the US Department of Justice and the Americans With DisabilitiesAct’s definition of “Service Animal” for the administrative convenience of each City, and acting as a representative of eachCity, issue Service Animal tags on behalf of each City upon determination by the County on behalf of the City that such tag shall be issued.m. If each City’s ordinance so authorizes and theCity so requests, review and process each City residents’ requests and maintain files for Breeders and Fanciers Permits.n. Dangerous Animal Designations:1. Issue Dangerous Animal tags when an animal has been so designated by a peace officer employed by any City or County or the Animal Control Contractor as such; and2. The County will invoice annually and make reasonable efforts to collect applicable fees for Dangerous Animal Permit holders; and3. Monitor data received from Animal Control Contractor; and4. Send monthly updated reports to each City’s representative.o. Pursuant to Section 3.6, for the administrative convenience of eachCity, and acting as a representative of each City, conduct administrative hearings for Dangerous and Vicious Animal designations under the guidelines of the applicable City’s ordinance.p. Pursuant to Section 3.6, for the administrative convenience of eachCity and acting as a representative of each City, conduct mandatory spay/neuter and/or fancier permit administrative hearings under the guidelines of the applicable City’s ordinance, if any.q. Provide in-person customer service at a minimum of two County locations that are open during normal business hours to enable residents the ability to obtain animal licenses and/or permits for all dogs and cats.r. Work with San Mateo County veterinarians to ensure anti-rabies vaccination reporting as required by the County. s. Receive, import, and export licensing and vaccination information from the Animal Licensing Contractor into the Animal Control Contractor database and vice versa on a weekly basis.

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t. Under the guidance of the County’s Health Officer, review and process requests from pet owners to exempt their pet from the requirement to obtain an anti-rabies vaccination as required by State law or County ordinance and report annually to the Department of Public Health. u. Invoice animal owners pursuant to the County Fee Schedule 6.04.290, and similar City fee schedules, following a bite incident that requires a quarantine of said animal.5. General Provisions5.1Existing Agreements.Upon execution of this Agreement, any prior existing agreements between the Cities and the County to facilitate and coordinate Animal Control and Animal Licensing Services will be terminated.5.2Contracting for Services.It is expressly understood and agreed that the County will contract with the Peninsula Humane Society and SPCA,a California nonprofit public benefit corporation(Animal Control Contractor), or such other contractor as the Board of Supervisors and Cities may designate, for the provision of Animal Control Services including field enforcement, shelter and treatment services referred to herein. Additionally, it is expressly understood and agreed that the County will contract with PetData, Inc. or such other contractor (Animal Licensing Contractor) as the Board of Supervisors and Cities may designate, for the provision of Animal Licensing Services.Shelter Services.Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.Field Services.Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.Veterinary Medical Services.Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.Operations.Refer to Attachment 1 –Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.5.3Animal Shelter.The Parties acknowledge:1. That the new Animal Care and Control Shelter has been constructed and Contractor Peninsula Humane Society & SPCA is and will be occupying it for the term of this Agreement in order to provide animal

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control services as set forth in Attachment 1.2. The Parties have previously entered into a Memorandum of Agreement regarding Funding of Construction of an Animal Care Shelter, dated September 9, 2014 (“Memorandum”), attached and incorporated as Attachment 3. The Parties agree that the total cost of the shelter construction project is being updated as provided by Section 2 of the Memorandum, and the Parties agree that, when available, County will provide to Cities the final total cost of the Shelter construction which will be paid proportionately by each City as provided by the Memorandum. Further, the Parties acknowledge and agreethat the proportionate share of each City will be amended as provided by section 3 of the Memorandum. The Parties acknowledge that continued animal control and shelter services to a City as provided herein is contingent on that City approving any amended cost and paying its proportionate share, as previously agreed in the Memorandum”.5.4Facilities & Equipment.a. If the County chooses, at its own discretion, to replace equipment,at reasonable expense, but not to exceed $125,000, that is used by the Animal Control Contractor and/orthe Animal Licensing Contractor solely for the purpose of providing services under thisAgreement, Cities agree that they will be financially responsible for the purchase cost of said equipmentbased on their Proportionate Share of Cost.In the event that any party asserts that an emergency safety-related repair is needed to the portions of the County Animal Care and Control Shelter located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services and/or the Countychooses to replace equipment, at its own discretion, and the cost of said equipment exceeds $125,000, the Parties agree to meet in good faith to determine and agree which maintenance or repairs are required, whether or not such repair work shall be undertaken, or if said equipment should be replaced.If the Parties terminate this Agreement or the Parties do not renew this Agreement, all Parties agree to be financially responsible in their Proportionate Share of Cost as set forth in Exhibit B for the remaining cost of any lease for vehicles or equipment used by the County’s designated contractor solely for the purpose of providing services under this Agreement.

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b. Animal Control Contractor will send the County a quarterly itemized report showing the repairs and maintenance performed at the facility. c. If Parties choose to terminate for reasons other than material breach of the Animal Control Contractor’s Services Agreement or Parties choose not to renew the Animal Control Contractor’s Services Agreement, County and Cities shall be financially responsible for the remaining cost of any lease for vehicles or equipment used by the Animal Control Contractor solely for the purpose of the Animal Control Contractor’s Services Agreement.5.5Fiscal and Program Monitoring.Each City agrees to participate annually with County to discuss financial or programmatic issues including, but not limited to, licensing activities, revenue sources, performance measures, and ordinance revisions.The County or any City may request a special meeting for this purpose and upon the provision of reasonable notice.Any changes in the amount to be paid to the Animal Control Contractor or the Animal Licensing Contractor shall require the Board of Supervisors and the affected City’s approval. 5.6Use of Program Revenue.EachCity agrees that all fees collected by the County and/or the Animal Control Contractor and the Animal Licensing Contractor,or both, for the purposes outlined in this Agreement shall be retained by the County and used to cover the cost of services provided under this Agreement, except for services provided directly by or for a City and where fees are collected by said City for services provided as described in Section 3.4 and 3.6 of this Agreement.5.7Maintenance of Records.Records of animals impounded including the description of each animal, date of receipt, date and manner of disposal, treatment received, the name of the person redeeming or adopting the animal, and the fees, charges and proceeds of adoption shall be maintained by the County, through the Animal Control Contractor, and made available to the Cities.In addition, statistical information shall be provided on a monthly, quarterly and annual basis to the Cities summarizing various field enforcement and shelter activities occurring in each City and shelter activities initiated by residents of each City.5.8Term and Termination.Subject to compliance with all terms and

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conditions, the term of this Agreement shall be from July 1, 2021through June 30, 2026.Except as otherwise provided by this section, this Agreement may not be terminated by any party during the effective period from July 1, 2021through June 30, 2026.Each City is responsible for its annual percentage share under this Agreement for the entire term of this Agreement.In the event any City fails to pay its percentage share as set forth in this Agreement and Exhibit B, every otherCity shall promptly pay its Proportionate Share of Cost of the non-payment, unless and until the County is able to recover the non-payment from the late or non-paying City.This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Animal Licensing Services Agreement.Each City shall promptly pay its Proportionate Share of Costas set forth in Exhibit B for all services rendered prior to termination.5.9Amendments: Entire Agreement.Amendments to this Agreement must be in writing and approved by the County Board of Supervisors and the governing body of each City. This is the entire Agreement between the Parties and supersedes any prior written or oral agreements inconsistent herewith.This Agreement, including the Exhibits and Attachments which are incorporated herein by this reference, constitutes the entire Agreement of the Parties to this Agreement regarding the subject matter of this Agreement, and correctly states the rights, duties, and obligations of each party as of the Effective Date.In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit to this Agreement, the provisions of the body of this Agreement shall prevail.Any prior agreement, promises, negotiations, or representations,whether oral or written, between the parties not expressly stated in this Agreement are superseded.All subsequent modifications or amendments to this Agreement shall be in writing and signed by the Parties.5.10Controlling Law and Venue.The validity of thisAgreement and of its terms or provisions, the rights and duties of the parties under this

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Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.5.11Additional Services.Nothing contained herein shall preclude any City from contracting separately for the provision of a higher level of service.Any contract increasing the level of services will be supplemental to this Agreement and will not affect the level of service provided for in this Agreement.5.12Relationship of Parties.The Parties agree and understand that the work/services performed or facilitated under this Agreement are performed or facilitated by an independent Contractor, and not by anemployee of any City and that neither the County, its employees, the Animal Control Contractor, or the Animal Licensing Contractor acquire any of the rights, privileges, powers, or advantages of City employees, and vice versa; however, the County may act as an agent on behalf of each City where expressly set forth herein and, in such instances, each City shall hold harmless, indemnify and defend the County from and against any claims of any kind and/or actions for damages arising out of the County’s actions undertaken on behalf of each City as set forth herein.5.13Hold Harmless.a. Each City shall hold harmless, indemnify and defend the County, its officers, employees and agents from and against any and all claims, suits or actions of every kind brought for or on account of injuries or death of any person or damage to any property of any kind whatsoever and whomsoever belonging which arise out of the performance or nonperformance of each City’s covenants and obligations under this Agreement and which result from the negligent or wrongful acts of each City or its officers, employees, or agents, including, but not limited to, those claims, suits, or actions arising from activities performed by the County as a representative of the City as set forth in Sections 3.6 and 4.2.b. The County shall hold harmless, indemnify and defend each City, its officers, employees and agents from and against any and all claims, suits or actions of any kind brought for or on account of injuries to or death of any person or damage to any property of any kind and to whomsoever belonging which arise out of the performance or non-performance of the County’s obligations

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under this Agreement and which result from the negligent or wrongful acts of the County, its officers or employees. This provision requiring the County to hold harmless, indemnify and defend each City shall expressly not apply to claims, losses, liabilities or damages arising from actions or omissions, negligent or otherwise, of the Animal Control Contractor or the Animal Licensing Contractor, or theirofficers, employees or agents, under the services agreements with the County.Further, this provision requiring the County to hold harmless, indemnify and defend each City shall not apply to acts or omissions of the County done on behalf of each City in performing administrative tasks for the convenience of and as representative of each City,including but not limited to those set forth in Sections 3.6 and 4.2.c. In the event of concurrent negligence of the County, its officers or employees, and the City, its officers and employees, the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants or responsibilities of this agreement shall be apportioned according to the California theory of comparative negligence.d. Notwithstanding anything in this Agreement to the contrary, theParties acknowledge that with respect to activities performed by the Animal Control Contractor or the Animal Licensing Contractorin the Cities’ territorial limits, the County serves solely as a Contract Administrator and solely with respect to the specific obligations contained within this Agreement and the agreementsbetween the County and the Animal Control Contractor and the Animal Licensing Contractor.Accordingly, in the event the County or the Cities are sued and the suit is related in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in a particular City or the Cities, the particular City or Cities, as the case may be, will hold harmless, indemnify and defend the County, and any other Citythat is named as a defendant in that suit from and against any and all claims, losses or costs. In the event a City or the Citiesare sued and the suit relates in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractorsolely in the unincorporated area of the County, the County will hold harmless, indemnify and defend the City or Cities named as a defendant or defendants in that suit from and against any and all claims, losses or costs.e. The County agrees that in itsService Agreements with the Animal

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Control Contractor, the County will require the Animal Control Contractor to indemnify each City to the same extent that the County is indemnified and to name each City as a third party beneficiary to the County’s Agreements with the Animal Control Contractor and/or the Animal Licensing Contractor.f. These indemnification and hold harmless clausesshall survive termination of this Agreement and shall apply whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages.5.14Non-Discrimination.No person shall illegally be excluded from participation in, denied the benefits of, or be subjected to discrimination under this Agreement on account of their race, color, religion, national origin, age, gender, sexual orientation, ancestry, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status.5.15Notices.Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed in the introduction of this Agreement or at such other address as any City may specify in writing to the County.In the case of County, to:Name/Title: Lori Morton-Feazell, Program Manager of Animal Control and LicensingAddress: 225-37thAvenue San Mateo, CA 94403Telephone: 650.573.2623Email: [email protected] Precedent.If this Agreement is not adopted by all twenty Cities, it will become null and void in its entirely except that in such an event, the County and any of the cities which are in agreement with the terms and conditions of this Agreement may use it as the grounds for considering an Agreement which may be acceptable to those parties.

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5.17Electronic Signature.All Parties agree that this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law and the County’s Electronic Signature Administrative Memo and the Parties understand and agree that electronic signatures shall be deemed as effective as an original signature.5.18Counterparts.The Parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

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IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. The Cities of Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside have caused this Agreement to be subscribed by its duly authorized officer and attested by its Clerk.Dated: COUNTY OF SAN MATEO____________ _____________ President, Board of Supervisors

6.5 Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

92 Dated:ATTEST:TOWN OF ATHERTON_________________________________Town of Atherton, Clerk By

6.5 Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

93 Dated: ATTEST:CITY OF BELMONT_________________________________City of Belmont,ClerkBy 5/26/2021

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Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

97 Shawnna MaltbieCity ManagerMay 25, 2021

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Attachment 3 - Agreement with the County of San Mateo (dated July 1, 2021)

99 Dated:ATTEST:CITY OF FOSTER CITY_________________________________City of Foster City, Clerk By

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Dated:ATTEST:CITY OF HALF MOON BAY_________________________________City of Half Moon Bay, Clerk By

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Dated:ATTEST:CITY OF MENLO PARK_________________________________City of Menlo Park, Clerk By

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Dated:ATTEST:TOWN OF PORTOLA VALLEY_________________________________Town of Portola Valley, Clerk By

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Dated:ATTEST:CITY OF SAN CARLOS_________________________________City of San Carlos, Clerk By

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Dated:ATTEST:CITY OF SAN MATEO_________________________________City of San Mateo, Clerk By _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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40 EXHIBIT ACONTRACT AREASThe following Cities have contracted for services pursuant to this Agreement:AthertonBelmontBrisbaneBurlingameColmaDaly CityEast Palo AltoFoster CityHalf Moon BayHillsboroughMenlo ParkMillbraePacificaPortola ValleyRedwood CitySan BrunoSan CarlosSan MateoSouth San FranciscoWoodside

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41 EXHIBIT BPROPORTIONATE SHARE OF COSTFY 2021-22 Proportionate Share of Cost:Atherton0.70%Belmont2.58%Brisbane0.90%Burlingame3.74%Colma0.53%Daly City10.13%East Palo Alto8.70%Foster City2.15%Half Moon Bay2.50%Hillsborough1.16%Menlo Park4.59%Millbrae1.92%Pacifica5.07%Portola Valley0.37%Redwood City12.55%San Bruno6.09%San Carlos3.15%San Mateo15.61%South San Francisco10.27%Woodside1.03%County6.27%

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1 Agreement No. _________________________AGREEMENT FOR ANIMAL CARE AND CONTROL SERVICES BETWEEN THE COUNTY OF SAN MATEO AND PENINSULA HUMANE SOCIETY & SPCA, A CALIFORNIA NONPROFIT CORPORATION This Agreement is entered into this first day of July, 2021, by and between the County of San Mateo, a * * *Whereas, pursuant to statutory authority including but not limited to, Section 31000 of the California Government Code, Section 31106 of the Food and Agriculture Code, and Sections 14501 and 14503 of the Corporations Code, County may contract with independent contractors for the furnishing of animal care, control and shelter services to or for County or any Department thereof; andWhereas, it is necessary and desirable that Contractor be retained for the purpose of providing Animal Care, Control, and Shelter services to the County and participating cities as set forth in this Agreement for Therefore, it is agreed by the parties to this Agreement as follows:1. Exhibits and AttachmentsThe following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:Exhibit A ServicesExhibit B - Payments and RatesExhibit CExcluded ServicesExhibit D Contract Areas (County and Participating Cities)Exhibit E Fees to be Collected for Services ProvidedExhibit F Five-Year BudgetAttachment H - Health Insurance Portability and Accountability Act (HIPAA) Business Associate RequirementsAttachment I - Fingerprinting Certification FormAttachment J - Rabies AlgorithmAttachment K - Animal Shelter Facility Use and Maintenance AgreementAttachment L - Peninsula Humane Society HolidaysAttachment M County-Owned Radio Equipment2. Services to be performed by ContractorIn consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County and Participating Cities listed on Exhibit D in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A, and the other Exhibits and Attachments incorporated by reference into this Agreement.

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2 3. Payments In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A and other Exhibits and Attachments incorporated into this Agreement, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. Payments shall begin within 45-days after Contractor and County each execute this Agreement. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. If County exercises this right, it must first provide Contractor with a 30-day written notice of intent to withhold payment wherein County describes the nature of the unacceptable If Contractor fails to remedy unacceptable work after having received thirty days prior written notice, then County may delay payment until the deficiency is corrected. However, if Contractor reasonably demonstrates that it is not feasible to remedy the unacceptable work within thirty days, Contractor shall have up to an additional thirty days to remedy the work before payment will be withheld. In no event shall C THIRTY TWO MILLION FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this Agreement. 4. Term Except as otherwise provided herein, and subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2026. The parties may extend the term for an additional three years if the parties mutually agree in writing. This Agreement becomes effective only after all jurisdictions identified on Exhibit D as Participating Cities adopt it by entering into the agreement for animal control services between the County and participating cities. If such County/Services Agreement is not adopted by all jurisdictions shown on Exhibit D, this Services Agreement is null and void in its entirety unless Contractor and any of the jurisdictions shown on Exhibit D agree to use it as the basis for a Services Agreement applicable to those parties providing such written consent, with such changes in payment, scope of service, and other terms as the parties may agree. 5. Termination This Agreement may be terminated by Contractor or County or designee at any time without a advance written notice to the other party. Contractor shall be entitled to receive payment for services provided prior to the effective date of termination of the Agreement. Such payment shall be the prorated portion of the full payment determined by comparing the services actually completed to the services required by the Agreement. The Contractor shall have no right to or claim against the County or any Participating City for the balance of the contract amount. In the event of a material breach of this Agreement by either party, the other party shall notify the breaching party of such material breach and that such breach must be cured within thirty (30) calendar days of the notice, except that if the breaching party reasonably demonstrates that it is not feasible to cure the breach within thirty (30) calendar days, the breaching party shall have the number of days

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3 beyond thirty (30) calendar days reasonably needed to cure the breach up to an additional thirty (30) calendar days. In the event the breaching party does not cure the material breach within the applicable time period, the notifying party may immediately terminate this Services Agreement or seek any other applicable legal remedies for such material breach. Termination is effective on the date specified in the written notice. In any event of termination under this paragraph, Contractor shall be paid for all approved work performed prior to termination. Contractor shall have no right to, or claim against County or any contracting City for, the balance of the contract amount. 6. Contract Materials At the end of the term of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law. 7. Relationship of Parties Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees. 8. Hold Harmless and Indemnification Contractor shall hold harmless and indemnify the County, and each Participating City listed in Exhibit D as third party beneficiaries of this Agreement, their officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of: injuries to or death of any person, including but not limited to Contractor or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to Contractor or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of Contractor; any sanctions, requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; and/or from any activities undertaken by Contractor, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of Contractor, its officers or employees. The duty of Contractor to hold harmless and indemnify as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. County shall hold harmless and indemnify the Contractor, its officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of injuries to or death of any person, including but not limited to County or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to County or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of County; any sanctions, perequirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; and/or from any activities undertaken by County, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of County, its officers or employees.

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4 The duty of County to hold harmless and indemnify, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. In the event of concurrent negligence of the County, its officers, agents and/or employees, and the Contractor, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants, promises and responsibilities of this Agreement, shall be apportioned according to the California theory of comparative negligence. This provision shall survive termination of this Agreement. 9. Assignability and Subcontracting Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County. right to automatically and immediately terminate this Agreement without penalty or advance notice. 10. Insurance a. General Requirements Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved such approval. Contractor shall furnish County with certificates of insurance evidencing the required to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide any pending change in the limits of liability or of any cancellation or modification of the policy. b. Contractor shall have in In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for -insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement. c. Liability Insurance Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below: (a) $1,000,000

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5 (b) $1,000,000 (c) $1,000,000 County and its officers, agents, and employees and participating cities and their officers, agents and employees shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement. 11. Compliance With Laws All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement. Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance. 12. Non-Discrimination and Other Requirements a. General Non-discrimination No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information. b. Equal Employment Opportunity Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. to County upon request.

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6 c. Section 504 of the Rehabilitation Act of 1973 Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement. d. Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic partis of the same or opposite sex as the employee. e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. f. History of Discrimination Contractor certifies that no finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and subjects the Agreement to immediate termination at the sole option of the County. g. Reporting; Violation of Non-discrimination Provisions Contractor shall report to the County Manager the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Such duty shall include reporting of the filing of any and all charges with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination). Final adjudication in an appropriate forum determining that a violation of the non-discrimination provisions of this Agreement occurred, shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager from among the following:

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7 i. termination of this Agreement; and/or ii. liquidated damages of $2,500 per violation; and/or iii. no penalty based on the County Manager determining that the incident does not warrant further action; and/or iv. imposition of other applicable civil remedies and sanctions as provided by law. To effectuate the provisions of this Section, the County Manager shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and County. h. Compliance with Living Wage Ordinance As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors as required under the Ordinance. 13. Compliance with County Employee Jury Service Ordinance Contractor shall comply with Chapteshall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County: certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy The requirements of Chapter 2.85 do -hundred this Agreement is amended such that its total value meets or exceeds that threshold amount. 14. Retention of Records; Right to Monitor and Audit (a) Contractor shall maintain all required records relating to services provided under this Agreement for four (4) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of California. (b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by County including additional audit requirements as set forth herein. (c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department respective audit agencies access to and the right to examine all records and documents necessary to

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8 determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed. (d) County agrees that if any entity or person makes a request under the California Public Records Act (CPRA) or an analogous federal, state, or local law or regulation to the County or a Participating City, of which County is aware, for documents or records possessed by Contractor but not by the County or Participating City, relating to this Agreement, or documents that Contractor submitted in its response to the request for proposals related to this Agreement and marked confidential, or documents related to the negotiation, or finalization of this Agreement, County will notify Contractor of such request. If Contractor fails to respond within 72 hours, Contractor shall be deemed to stipulate that the requested documents are subject to disclosure pursuant to the request and Contractor shall immediately thereafter make copies of the documents available to the County or a participating City, as the case may be, for disclosure to the requesting party. If Contractor responds to the County within 72 hours of such notice by the County and asserts, in writing, that exemptions to disclosure requirements under the CPRA apply, and the County or Participating City as applicable agrees that such documents are not subject to disclosure, in whole or in part, under the CPRA, Contractor shall provide a redacted copy of the documents for County or City to disclose in lieu of unredacted documents for any documents that must be disclosed. In the event that County or the to disclosure, in order to prevent disclosure of such documents, Contractor shall promptly and in any case within ten (10) calendar days of notice of the request, seek a protective court order for non-disclosure of any such records. If Contractor fails to obtain a protective order, such documents may be disclosed by County or City. Contractor shall indemnify and hold harmless County and Participating Cities for any not subject to disclosure. 15. Merger Clause; Amendments This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, dutie In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties. 16. Controlling Law; Venue The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

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9 17. Notices Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt. In the case of County, to: Name/Title: Lori Morton-Feazell / Health Services Manager Address: 225-37th Avenue, San Mateo, CA 94403 Telephone: 650-573-3726 Email: [email protected] In the case of Contractor, to: Name/Title: Anthony Tansimore / President Address: 1450 Rollins Road, Burlingame, CA 94010-2307 Telephone: 650-340-7022 ext. 309 Email: [email protected] 18. Electronic Signature Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with CaliAdministrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement. 19. Payment of Permits/Licenses Contractor bears responsibility to obtain any license, permit, or approval required from any agency for commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

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10 * * * representatives, affix their respective signatures: For Contractor: Peninsula Humane Society & SPCA, a California Nonprofit Corporation __________________________ Contractor Signature _______________ Date _________________________ Contractor Name (please print) COUNTY OF SAN MATEO By: President, Board of Supervisors, San Mateo County Date: ATTEST: By: Clerk of Said Board

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11 Exhibit A In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services: I. COMMON GOALS A. All parties agree to work on updating a new animal control ordinance during the next 12 months to include the availability of administrative citations. B. County and Contractor will provide Participating Cities (as defined in exhibit D to this Agreement) with information about the services provided by Contractor and excluded services. In the event the County receives a complaint from an official from a Participating City regarding the quantity or quality of services provided under this Agreement, the County will promptly forward such complaint to Contractor so that the parties may make good faith efforts to promptly resolve the issue and Contractor agrees to meet with officials from the County and/or Participating Cities as may be necessary to resolve such complaints. II. POLICIES AND PROCEDURES A. All policies and procedures shall be developed with the goal of animal welfare, enhancing the cost efficiency and quality of services provided to the County and Participating Cities, and to reflect best practices in the industry for animal control and care. annually submitted to a committee of County and Participating City representatives, with committee members to be designated by the County Manager or designee. The Contractor and committee members will work in good faith to resolve any differences or concerns regarding policies and procedures. B. The Contractor must establish comprehensive written policies and procedures for proper care and handling of animals. C. Such policies and procedures shall address all subjects encompassed by the scope of this Agreement, including shelter, veterinary care, and field services. Proper care includes but is not limited to, appropriate food and water, regular cleaning of kennels and cages, humane handling, veterinary care and a vaccination schedule including rabies vaccinations. D. Contractor shall establish policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering. Policies and Procedures shall focus on these areas: 1. Medical Health and Physical Well-Being 2. Euthanasia 3. Environment 4. Kennels/Cages 5. Capacity for Care 6. Behavioral Health

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12 E. Contractor shall develop a written disposal procedure, and the procedure shall provide for the weekly pick up of dead animals. F. Contractor shall create a procedure compliant with California law to ensure that animals entering the County Shelter receive vaccinations, dewormer, flea control as appropriate for their species excluding animals that are unable to be safely handled or animals that are too sick/injured to receive this treatment. G. Contractor shall have written policies and procedures on animal placement with a goal of ensuring that non-aggressive and healthy or treatable animals that enter the County Shelter are not euthanized through redemptions, adoptions and transfers to other organizations. Policies and procedures should include guidelines for euthanasia. Terms used in this subsection are to be interpreted in accordance with currently enacted California law. H. Contractor shall have a procedure addressing how Animal Control Officers will handle complaints and the procedure shall include a benchmark for the time it takes between receiving and closing a complaint. I. Contractor shall have comprehensive written policies and procedures established for proper care and handling of animals to include emergency response procedures, how animals will be placed into vehicles, how animals will be protected from the heat and cold inside vehicles, and how vehicles will be clean and disinfected. J. Contractor shall have and apply written disease prevention and response policies and procedures. Disease response procedures shall include measures to minimize transmission to unaffected animals or people and should ensure appropriate care of the affected animals. Procedures should include a treatment plan where decisions are based on a range of appropriate criteria, including the ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the likelihood of placement after treatment, the number of animals who must be treated and the expense of treatment and resources available for such treatment. K. Contractor shall have comprehensive written policies and procedures on Veterinary Medical Services. Policies and procedures shall address proper care of injured and sick animals and be L. To the extent any of the terms of this Agreement are preempted by State law with regard to animal care, custody, transfer, euthanasia, and/or treatment, the parties agree that the terms of this Agreement shall continue to apply to full extent possible in conformity with State law.

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13 III. SHELTER SERVICES A. Receiving animals Contractor will: 1. Hold lost and stray animals for the requisite time period as required by State law or County ordinance or other applicable local ordinance prior to adoption, owner redemption, release to a partner organization, euthanasia, or other disposition. 2. Ensubeginning at intake and regularly thereafter. If the animal is too unsafe to handle to have its health status evaluated a visual evaluation may be done by staff. 3. Ensure all animals are scanned for a microchip and checked for other identification when entering the County Shelter and ensure staff enter into the Chameleon (or any successor system) software that the animal was checked for ID. Animals that are unsafe to be scanned for a microchip may be excluded. 4. Solicit information on impounded stray animals. 5. 6. Provide shelter and care for domestic animals under rabies quarantine, and dangerous or vicious animal investigations, according to the applicable City/County ordinance and/or State law. 7. Contractor will immediately notify County Public Health personnel at 650.573.2346, 8am-5pm, M-F or 650.363.4981 after hours/holidays (or at such other numbers as may be designated in writing, from time to time). 8. If the Contractor plans on using drop boxes for after-hours intake, the drop boxes must be checked at least every hour during the hours that drop boxes are utilized for animal intake. B. Care of animals Contractor will: 1. Provide shelter and care for San Mateo County stray and unwanted animals 24 hours a day, 7 days a week, with public service hours designed to benefit the public and facilitate the services established in this Agreement, including coordination with other agencies (state and local governments, or adoption partner organizations, non-profit animal services organizations, etc.) where appropriate. 2. Provide services as required by the State of California governing shelters for animal care, treatment, holding periods, and placements and dispositions. 3. Microchip all animals designated as Dangerous prior to release if medically appropriate and owner is compliant. In the instance of a non-compliant owner, Contractor shall attempt at the first annual inspection of the owhas in fact been microchipped as required by County Ordinance and shall report their findings to County in a timely fashion. 4. Provide animal food that meets nutritional and medical needs of animals.

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14 5. Contractor will make a best effort to have the County Shelter open by 11 am each day, except holidays (as noted in Attachment L - Peninsula Humane Society Holidays), with all animal areas intended for public access clean and ready for the public to enter. 6. Provide County representatives with a master schedule for Animal Care staff upon request. C. Owner-surrendered animals Contractor will: 1. Provide pet owners with a handout(s) describing alternative solutions to surrender and other resources to owners who express a desire to surrender their pets. That handout should include contact information for non-profit shelters and rescue groups in the Bay Area, as well as information about pet food pantries, low cost veterinary care, etc. 2. List alternatives to surrendering a pet website. D. Identifying animals Contractor will: 1. Make legally required and additional efforts including, at a minimum, full microchip body scanning of domestic animals for identification chips, tracing microchips, licenses, rabies tags and other identification, and making several documented attempts in multiple ways (e.g. phone, email, and/or mail) to notify the owner in an attempt to return the animal to its owner prior to any other disposition. Maintain acumen on and utilize developments in the field that might provide . E. Evaluating animals Contractor will: 1. Ensure that all healthy, non-aggressive, and treatable animals have a plan for a live outcome. 2. Begin assessment of behavior at the time of intake of the animal. An overall behavior assessment considers all of the information gathered about the animal, including history, behavior during shelter stay, and formal evaluation. 3. Provide and apply the criteria and evaluation system that will enable objective evaluations for animals. 4. Evaluate all breeds equally to determine if they can be adopted, require behavior modification, or allow a partner agency to take the animal prior to euthanasia pursuant to State law. 5. Maintain evaluation records. Document the procedure for each animal in the Chameleon software system (or any successor system). If any paper records are also kept, retain the records for seven (7) years after disposition of animal. 6. Perform kennel enrichment programs to reduce stress for sheltered animals. 7. Place adoptable animals up for adoption or transfer.

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15 8. Record all incidents or reports regarding a history of aggressive behavior along with the context in which they occurred. 9. Ensure staff is trained to recognize body language and other behaviors that indicate animal stress, pain and suffering as well as behaviors that indicate successful adaptation to the shelter environment. 10. Monitor animals daily in order to detect trends or changes in well-being and respond to their behavioral needs. F. Length of stay of animals Contractor will: 1. County Shelter. Both positive outcomes and cost of sheltering must be considered. 2. Provide the process to ensure stray and owner-surrendered animals will not remain in the County Shelter more than three (3) weeks past the State law-mandated holding period. G. Rabies testing/exposure Contractor will: 1. Immediately provide San Mateo County Health personnel with contact information for relevant Contractor staff in accordance with State and County requirements when there is 2. Ensure all staff members are trained to identify potential rabies exposures and understand the regulations that apply to reporting and managing bites to humans and animals. 3. Provide for testing of animals for rabies pursuant to the current California Rabies Compendium. This requires the decapitation of animals and transport of the head or bat to the San Mateo County Public Health laboratory for testing. 4. Ensure that that the rabies specimen is transported to the San Mateo County Public Health Laboratory within 48 hours of the animal entering the County Shelter or of being euthanized (weekends and holidays excluded). 5. Ensure that for every animal that comes into the County Shelter, staff will identify possible rabies exposures; everyone presenting an animal shall be asked if the animal has bitten anyone within the last 10 days or had any contact with wildlife. 6. Make certain all incoming animals are examined for bite wounds; any animals who have potentially been exposed to rabies shall be managed in accordance with the California Rabies Compendium and in consultation with state and local health authorities. 7. Ensure that staff funded by contract who routinely work with companion animals or wildlife are offered pre-exposure vaccinations against rabies in accordance with recommendations of the Advisory Committee in Immunization Practices. H. Disposal of dead animals Contractor will:

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16 1. Accept dead animals brought to the County Shelter by County residents, City and County municipalities, or Caltrans and Contractor shall dispose of such animals. 2. Dispose of dead animals in a lawful manner using an appropriately qualified and licensed disposal company or method. 3. Develop a written disposal procedure that will include at least a weekly pick up of dead animals. I. Transferring animals into County Shelter 1. If the Contractor desires to transfer animals into the County Shelter from nearby Bay Area animal shelters to assist when such shelters are dealing with an emergency, such as a natural disaster, Contractor shall do the following: a) Request written approval from the County Program Manager of Animal Control and Licensing Manager or other designated County Contract Administrator. The County will respond to such requests in writing within 3 business days. In the event of a need to house animals for another county during a disaster, the County will respond within 24 hours. If the County grants such approval, the written notice of approval will state the maximum number of animals the Contractor is allowed to transfer in pursuant to that consent based upon factors including available shelter space. Detailed documentation on an appropriate Federal Emergency Management Agency (FEMA) form will be kept to record, on a daily basis, on the number of Contractor staff caring for the animals to include hours worked, along with supplies, as well as number of days sheltered for each animal. This will allow for reimbursement if declared a federal disaster, or reimbursement from other local jurisdictions. b) Periodically, and only as space and resources allow, Contractor may purposefully transfer, house or bring into the County shelter animals from another animal shelter, partner group or agency within or outside the County to be housed in the County Shelter for the s other shelter or location only if a monthly report is sent to the Program Manager of Animal Control and Licensing or their designee outlining the number of animals transferred into the shelter along with each animals individual animal identification number. If Contractor plans on transferring in more than 30 animals a month Contractor will obtain written approval from the Program Manager of Animal Control and Licensing or their designee. Contractor will reimburse the County and Participating Cities for the costs of vaccines, preventative care, treatment, food, facility use and maintenance, and staff time to care for these animals. The cost will be calculated by the number of days that animal is housed at the County shelter at the rate of $15 per animal per day. This rate may be adjusted annually, based on changes to Consumer Price Index and the Parties will meet and confer before the rate is adjusted. In addition to this daily rate, the Contractor will reimburse the County and Participating Cities for the actual costs of vaccines, flea treatment, dewormer, DTM cultures, canine heartworm and feline FIV/FeLV tests on a per animal basis. The Contractor will reimburse the County and Participating Cities each quarter of the fiscal year and will provide a report in a form reasonably satisfactory to the County and Participating Cities that details the fees owed pursuant to the applicable daily rate and any other applicable costs to be reimbursed to the County and Participating Cities. This obligation to reimburse the County and the Participating Cities does not apply to situations where an animal needs to be transferred in to the County shelter where the animal is held because of a bite or potential dangerous dog designation and where the incident occurred in San Mateo County, but the animal was first taken to another animal shelter. In such cases, the animal shall in the Chameleon software intake statistics.

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17 Contractor will also reimburse the County and Participating Cities at the rate described above and shall reimburse the County and Participating Cities for the above-described expenses for any animal impounded by the nonprofit for a Cruelty case and housed at the County Animal Shelter. Detailed notes by staff must be entered into the Chameleon database (or any successor system) and should describe the reason for the animal being transfer back into the County shelter. 2. In cases where the Contractor transfers an animal back to the County Shelter for any reason, the Contractor will pay for the care of the animal and not use contract funds or staff being paid for by the contract. Detailed notes by staff must be entered into the Chameleon database and should describe the reason for the transfer back to the County shelter. J. Working with partner groups Contractor will: 1. Within 6 months of signing this Agreement, develop a Partner Group application for any shelter or Partner Group that would like to apply to take animals from the County Shelterite. 2. Assign one (1) or more staff members to proactively contact Partner Groups and non-profit shelters in the County and throughout the Bay Area to encourage them to take animals whose medical or behavioral needs exceed available resources or who would otherwise be better served by being transferred to a Partner Group or to take animals that have been in the County Shelter for more than three (3) weeks past their stray hold or owner surrender intake date. If the Contractor desires, animals may be placed prior to the expiration of the three (3) week hold period. Contractor will decide which animals will be transferred to the Lantos Center for adoption. 3. As an alternative to euthanizing feral cats when cat caretakers are unavailable, will either 1) release the feral cats to an organization that will Trap-Neuter-Return (TNR) the cats, 2) TNR the cats themselves, or 3) develop a plan on how to handle feral cats to improve the live release rate (e.g. implementing a barn or working cat program). K. Vaccinating, deworming, flea prevention, photos, documentation Contractor will: 1. Complete health assessments of dogs and cats within 24 hours of the animal entering the County Shelter. 2. Complete behavioral assessments of dogs and cats within 4 days of the animal entering the County Shelter (not including the day of intake). Excluded: Dangerous animals, quarantined animals, animals in protective custody, euthanasia requests, exotic animals, fowl. 3. Conduct full body microchip scans and check for other forms of identification at the time of intake for all animals that can be safely handled. 4. Provide a photograph and description of each lost animal through public outreach

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18 5. on (breed, sex, and age), health assessment, initial behavioral assessment, microchip, license, rabies, and any other pertinent information in Chameleon Data Management System (or any successor system) within 24 hours of receiving each animal. 6. Document complete behavioral assessment results in Chameleon Data Management System (or any successor system) within 4 days of receiving each animal (not including the day of intake). 7. Provide vaccinations, dewormers, and flea control when an animal enters the County Shelter as appropriate for their species, excluding animals that are unable to be safely handled or animals that are too sick/injured to receive this treatment. L. Keeping County Shelter clean and disinfected Contractor will: 1. Always maintain the kennel and animal care facilities in a humane and sanitary condition with a focus on these areas: a) Cleaning and Disinfection. Use of disinfectants should be limited to those that are proven safe and effective for animal species sheltered at the County Shelter. b) Surfaces and Drainage 2. Maintain stocks of disinfectants based on accepted industry standards to preserve function and effectiveness with regards to temperature and light exposure. 3. Update all written guidelines/documentation for use of disinfectants to reflect current practices as well as industry standards/recommendations. 4. Staff and volunteers shall receive training when guidelines have been updated and documentation of training shall be maintained. 5. Take commercially reasonable measures to maintain a pest-free shelter. Contractor will enter into, pay the costs of, and monitor on a recurring and scheduled contract for pest control services in and around the County Shelter. 6. Have written information available about zoonotic diseases for visitors, adopters and foster care providers. 7. Clearly mark enclosures of animals with suspected zoonotic disease to indicate the condition and any necessary precautions. 8. Provide periodic staff and volunteer training and information on the recognition of potentially zoonotic conditions and the means of protecting others from exposure. This shall be included in the policy and procedures. 9. Ensure the public does not have unsupervised access to areas where animals are isolated for zoonotic diseases. M. Providing enrichment Contractor will: 1. Provide kennel enrichment programs that provide every animal with an opportunity to be socialized and reduce stress while in the County Shelter.

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19 N. Euthanasia Contractor will: 1. Provide for the humane euthanasia and disposal of animals determined to be unhealthy, aggressive, or untreatable as determined by California law. O. Owner-requested euthanasia Contractor will: 1. Follow the basic matrix definition of Owner-Requested Euthanasia. The basic matrix definition of Owner -Requested Euthanasia can be found at: https://www.shelteranimalscount.org/docs/default-source/dataresources/sac_basicdatamatrix.pdf 2. Contractor will pursue all reasonable measures to verify animal ownership prior to euthanasia. 3. Record and classify animals in the Chameleon software and in Live Release Rate owners with the specific intention of using the Owner Requested Euthanasia service. When an owner wishes to surrender an animal for adoption and that animal is deemed unhealthy and untreatable, or aggressive information provided by the owner and the owner elects to surrender the animal for 4. Decline to provide the owner-requested euthanasia service to treatable animals and will instead either accept and treat those animals, provide resources so the owner so they can keep and treat their animal, or refer the owner to another organization that will assist the pet owner, so they can treat the animal. 5. Offer private owner-requested euthanasia (including pet-owner witnessed euthanasia, when requested with regard to non-aggressive animals only) as a service at the County Shelter, if the animal is deemed unhealthy and untreatable, or aggressive. P. Documentation Contractor will: 1. Accurately complete, sign, and submit all necessary documentation of compliance in a timely manner. Q. Adoption of animals Contractor may: 1. Arrange adoptions onsite at the County Shelter to reduce the length of stay for animals and have other approaches to adoptions such as transferring animals from the County Shelter and moving them to their non-profit shelter or partner organizations for adoption. There is no set number of animals that need to remain up for adoption at any point in time at the County Shelter. Contractor will:

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20 2. Ensure that the public cannot come into contact with, or view, bite quarantine animals and aggressive animals that are considered a danger to the public. IV. FIELD SERVICES A. Respond to field service calls Contractor will: 1. Respond to calls for Animal Field Services 24 hours a day, 7 days a week, 365 days a year as set forth in the below-described priority listing, unless otherwise noted below. Notwithstanding any other provision herein, Contractor shall respond on holidays and after regular business hours (9pm-7am) to call Priority 1 and 2 categories. If no calls in those priorities are pending the staff Contractor will respond to Priority 3 and 4 calls. 2. Contractor may receive and accept requests for service in person, via phone, email, text message, voicemail or fax. Contractor will have policies and processes in place to ensure that text messages, emails, voicemails and faxes are monitored and retrieved in a routine and timely fashion. B. Priority for Field Activities 1. Priority 1: Immediately respond to all emergency calls of the following types within one (1) hour of the receipt of the call from the reporting party: a) Imminent threat to a person by an aggressive domestic, exotic or wild animal b) A Public Safety agency request for immediate assistance c) Possible rabid animal d) Aggressive dog at large, or an aggressive dog that could cause harm to a human or an animal (e.g., an aggressive dog breaking out of a yard or has access off the property) e) A dog that has bitten a human or that has attacked another animal and that remains at large f) Major injury to dog, cat, or domestic animal g) An animal in hot car or an animal that is otherwise in immediate danger h) Dangerous animal permit violation that has occurred and the same animal remains a threat to person or property i) Animals at large causing a traffic hazard (including livestock) j) k) s life is in danger l) When juveniles are present at a school grounds any bat, any aggressive animal, animal posing a risk to humans, sick or injured animals, dogs at large, or confined or trapped animal are present on the school grounds. m) Request by a Public Safety Official or Fish & Wildlife officer to respond to a mountain lion or an escaped exotic animal that is an imminent threat to a person. Handling of these situations will be a joint response between the requestor and the Contractor. Contractor will be acting in an advisory capacity. Contractor is responsible for arranging a third party to

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21 handle, transport and/or care for exotic animals. If a third party is retained by Contractor, said third party shall have lead advisory responsibilities. Public Safety Officials and/or Contractor will determine if Fish and Wildlife need to respond to the scene. Contractor will remain on the scene with requesting Public Safety Official until situation is resolved. 2. Priority 2: Respond without unnecessary delay, within (4) hours of receipt of the call from the reporting party: a) Dog, cat or domestic animal sick, or with minor injury b) Sick or injured wildlife c) All non-threatening Dangerous Animal permit violations d) Dog or cat in trap e) Animal in custody (stray confined) f) Pack of dogs g) Dead animal at a school between 7:00 AM and 8:00 PM (excluding holidays) 3. Priority 3: Respond without unnecessary delay within a maximum of 18 hours of receipt of the call from the reporting party and as soon as reasonably possible beforehand to the following situations: a) Animal at large (non-aggressive and non-threatening) in violation of local ordinance b) c) Reports of animal bites or attacks where there is no longer an animal at large which is an immediate threat to persons or property. d) Dead animal pick-up e) Animal bite quarantines 4. Priority 4: Respond without unnecessary delay within 24 hours of receipt of the call from the reporting party: a) Stray patrol request b) Owned animal for relinquishment (based on special circumstances or special hardship situation) 5. Priority 5: If there are no calls pending in the other priority categories: a) Officers will patrol City and County parks and neighborhoods in areas accessible by 6. Ensure that Animal Control and Humane Officers shall impound stray or confined dogs and cats and return them to the owner in the field, or transport to the animal to the shelter, as deemed appropriate by the Officer. 7. Provide a master schedule for Animal Control staff. C. Enforcement of state and local animal control laws; Municipal code violations Contractor will:

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22 1. Enforce all County and City ordinances pertaining to animals as outlined in Chapters 6.04, 6.12 and 6.16 of Title 6 of the San Mateo County Ordinance Code and enforce state statutes where applicable, except for number of animals per household or barking dogs, which are referred to the respective overseeing agency (code enforcement or law enforcement). 2. Uniform Ordinances and Citation Authority. County shall encourage the Participating City jurisdictions shown on Exhibit D to adopt and maintain animal control ordinances and fee schedules that are materially equivalent to the Countycontrol ordinance and fee schedule. The animal control ordinances for all jurisdictions shown on Exhibit D should be substantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as amended, to be effective within the city limits. The fee schedule shall be the same as outlined in Chapter 6.04.290 of the San Mateo County Ordinance Code. 3. Enforcement of city ordinances which differ materially from the County ordinance need not be enforced by Contractor unless Contractor agrees that the ordinance does not conflict with its mission, and the city and Contractor mutually agree on the cost of services. Participating Cities agree to provide notice to Contractor of any changes to their City codes that would relate to additional or different Contractor responsibilities under this Agreement. 4. Upon request by a Participating City, the County, or residents of a Participating City or the unincorporated County, investigate complaints of animal related public nuisances, to those ordinance code violations enumerated in Chapter 6.04 of Title 6 of the San Mateo County Ordinance Code and similar city ordinances, with the exception of complaints regarding barking dogs. D. Citations Contractor will: 1. Develop a voidable animal license citation process for license violations, that affords the animal owner 30 days in which to register for a license and have the citation voided. Specifically, on all complaints involving stray or loose animals, municipal complaints and quarantines etc., if the animal owner living in San Mateo County does not have their animal licensed in San Mateo County, the ACO will issue a voidable license citation to the animal owner. 2. Ensure that ACO/Humane Officers issue administrative and non-administrative citations for City, County or State violations. Written warnings can be issued for first offense minor violations only if the ACO/Humane Officers follow up within two weeks to ensure compliance with the written warning. 3. Record all citations and written warnings in the Chameleon (or any successor system) software system. E. Impoundment of animals Contractor will: 1. Impound all dogs caught at large, scan all dogs and cats, that are safe to handle, for microchips in the field and provide for field return to owner as deemed appropriate by the Animal Control Officer.

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23 2. Except when responding to a Priority 1 or Priority 2 call or when responding to a Priority 3 or Priority 4 call in order to meet expected response times, ensure that when Animal Control Officers observe a violation of the Participating City or County ordinance, the Animal Control Officer will stop, contact the animal owners, and take appropriate actions, such as a written warning for first offense, or the issuing of a citation for subsequent violations. 3. Investigate and follow up with impoundment, citation, search and seizure warrant for animal bites, vicious/dangerous animals, and attacks in conjunction with respective City Attorney or County Counsel and/or County District Attorney. 4. Contractor shall impound animals in the regular course of its enforcement of City and County ordinances as necessary to protect the safety of persons and property, or the animal. In addition to its ordinary impoundment responsibilities under this Agreement, if Contractor receives a specific request from a City and/or County law enforcement agency, Contractor shall promptly impound any animal, whether the animal is on public or private property. Contractor shall obtain any necessary consent or warrant as required by law for all impoundments. In exigent circumstances, in which a warrant is not required because personal or public safety is at imminent risk, Contractor shall impound the animal immediately. However, in the event that Contractor determines that a warrant is necessary for the impoundment, Contractor shall promptly seek such warrant and take all steps necessary to ensure that the animal is secured in such a manner that it poses no threat to the safety of any person pending the impoundment. In those limited situations in which Contractor reasonably believes that there is no violation, seizure is unlawful and there are no grounds for seeking a warrant despite the request by City or County law enforcement, respective City (or County Sheriff or designee if applicable) and the County Animal Control Manager or designee, if available within one hour. If the City or County representatives are not available and/or there is still disagreement, and City or County law enforcement still requests impoundment, City or County law enforcement will seize the animal, and Contractor with thereafter take custody of the animal and impound the animal at the shelter. In these situations only, if the City or County law enforcement officer believes that a warrant should be applied for, but Contractor does not believe there are grounds for such warrant, the law enforcement officer shall supply the affidavit for such warrant and, at the request of the City or County law enforcement officer, Contractor shall seek the warrant from the court. 5. Contractor shall not release any impounded animals unless the owner of such animal, or another individual with express verbal or written authority from the owner to pick up the animal (and such authority has been directly conveyed to Contractor from owner), the relevant impoundment, emergency medical treatment, and licensing/permit fees to redeem said animal. Fees may be billed under certain circumstances as outlined in Exhibit A. - VI. Operations D. Administration 1 Financial Systems. F. Transport of sick, injured animals Contractor will:

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24 1. Ensure the transfer of any injured or sick animals to the animal shelter or veterinary emergency hospital, or ensure that the owner (if present) of the animal seeks medical treatment. G. Field euthanasia Contractor will: 1. Ensure that if euthanasia is necessary for a sick or injured wild animal while it is in the field, the euthanasia shall be conducted by trained personnel with necessary equipment. This service shall be available twenty-four (24) hours a day, seven (7) days a week, 365 days a year. H. Investigations for animal bites, dangerous & vicious animal cases Contractor will: 1. Conduct thorough investigations of dangerous or vicious animals, which shall include interviewing witnesses, collecting evidence, writing reports, taking photos, requesting related information and securing search warrants to impound a vicious or dangerous dog, making initial designations as dangerous or vicious, and testifying at hearings. This investigation should be completed, and the report and all supporting information presented to the County, at least three (3) calendar days ahead of the scheduled hearing. will follow the applicable County and Participating City ordinances. 2. Investigate municipal code violation complaints within the jurisdictional boundaries of the Participating Cities and the unincorporated County as outlined herein. This includes, but is not limited to, interviewing witnesses, collecting evidence, taking photos, writing reports, requesting related information and securing search warrants, issuing citations, and participating in hearings or court proceedings as needed for potential impoundment and/or prosecution. Officers will work closely with the City Attorney or County District Attorney as applicable. I. Removal of dead animals Contractor will: 1. Remove dead animals from the public right-of-way, except freeways and/or highways, which are maintained by CALTRANS. 2. Remove stray dead domestic animals from private property for no charge. 3. Remove owned domestic dead animals at the request of owner with a charge to the member of the public requesting the service, as set forth in the Fee Schedule. All such fees collected by the Contractor shall be remitted to the County. 4. Pick up and dispose of any dead animal on any street, sidewalk, school, or other public property. 5. In cases where animal contact meets the criteria for rabies testing, pick up dead or live wildlife on private property. In cases where animal contact meets the criteria for rabies testing, the Contractor will follow the rabies testing protocol.

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25 6. Dispose of dead wildlife or domestic dead animals that are brought to the shelter. If a commercial wildlife removal or pest company wants to dispose of dead animals, they will have to enter into a contract with the County to pay for disposal fees. 7. If Contractor is unable to safely remove a dead animal, Contractor will hire a qualified third-party using contract funds to remove the dead animal. J. Quarantine of animals Contractor will: 1. Quarantine biting animals and enforce State Codes, California Rabies Compendium, and County guidelines relating to rabies control. This includes providing state-mandated rabies clinics. 2. Work with San Mateo County Health to jointly determine when an in-home bite quarantine is appropriate and will be made available. K. Dispatch Contractor will: 1. Provide radio dispatching to the field between the hours of 8:00am and 6:00pm on Monday through Friday and 8:00am and 5:00pm on Saturday, Sunday, and Holidays. 2. County shall provide radio dispatching to Contractor between the hours of 6:00pm and 8:00am Monday through Friday and 5:00pm and 8:00am Saturday, Sunday, and Holidays. The Contractor will pay the annual cost for County Radio Dispatch using funds paid to Contractor pursuant to this Agreement. 3. Have a system for phone calls to roll to another person in order to answer calls from the residents for the County. If there is more than one (1) Dispatcher on shift, the phone lines will be set up so the calls coming in roll between the multiple phones. 4. Have a line for law enforcement, fire, and other government officials to call on at all times when the contractors dispatch is open if they need service from the Contractor. 5. County shall maintain County-owned radio equipment as denoted in Attachment M County-Owned Radio Equipment. V. VETERINARY MEDICAL SERVICES A. Provide veterinary care for animals Contractor will: 1. Make medical decisions that balance both the best interest of the individual animals requiring treatment and the County Shelter population. 2. Ensure that the County Shelter medical services include, but are not limited to: animal exams, vaccinations, microchipping, dispensation of medications, disease prevention, surgeries (e.g. enucleations, amputations and wound repairs), emergency care of injured animals, euthanasia and coordination with other local, state and national agencies.

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26 3. Ensure that medical staff regularly monitor the status of individual animals and the population as a whole. 4. Have and apply written disease prevention and response policies and procedures. Disease response procedures should include measures to minimize transmission to unaffected animals or people and should ensure appropriate care of the affected animals. Procedures should include a treatment plan where decisions are based on a range of appropriate criteria, including the ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the likelihood of placement after treatment, the number of animals who must be treated and the expense and resources available. 5. Ensure that there is preventive health care appropriate for each species and include protocols that strengthen resistance to disease and minimize exposure to pathogens. 6. Ensure that medications and treatments are only administered with the advice of a veterinarian or in accordance with written protocols provided by a veterinarian, and all drugs are dispensed in accordance with federal and state regulations. 7. Whenever possible, ensure all veterinary care and treatments are recorded in Chameleon (or any successor system). 8. Microchip and spay/neuter all animals for adoption prior to pick up by new owner, as required by law, unless a veterinarian determines the procedure is not safe for the a 9. Have written policies regarding care and treatment of injured and sick animals and that are in alignment with State or local laws and address. B. Veterinarian medical licensing/registration Contractor will: 1. Maintain current premise permits and meet all veterinary licensing requirements as specified by the California Veterinary Medical Board and California and federal law. 2. Maintain licensure to dispense and supply shelter and field services staff with the controlled substances necessary for performance of field captures and euthanasia, including the monitoring and security of such substances. 3. Ensure that veterinary staff meet certification and/or license requirements set forth by the State of California. Staff includes veterinarians, registered veterinary technicians, and other licensed or certified personnel. C. Medical examination, treatment, and medication Contractor will: 1. Ensure that the veterinary staff 1) perform a medical examination upon arrival for all sick/injured animals, 2) direct and monitor the care of injured and/or sick animals, 3) adheres to and directs procedures to reduce or respond to the outbreak of infectious diseases, and 4) provide a medical exam for all animals (except those needing emergency care) within 24 hours of arriving at the shelter. 2. Provide for laboratory services including stool examinations, cytology, urine analysis, heartworm tests, FELV/FIV tests, electrolytes measurements, and blood counts, among other testing.

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27 3. Ensure adequate and appropriate administrative controls are in place to monitor medications and medical supplies. VI. OPERATIONS A. Personnel 1. Staffing Contractor will: a) Hire personnel that are fully-qualified, authorized, licensed or permitted under applicable State and local law to perform such services. 2. Contract Funding of Staff Contractor will: a) Ensure all shelter, field, facilities and veterinary-related staff and managerial positions funded 100% by the Contract, spend 100% of their time working at the County Shelter, or providing other services to the County and Cities pursuant to this agreement (excluding disaster work, training, or meetings.) If one of these staff member works less than 100% of their time at the County shelter, the percentage of hours worked under the items of this Contract will be documented on a timesheet/time clock. Hours worked at another location will not be charged to Contract funds. the County shelter and other sites, Contractor shall prioritize services denoted within this agreement. Contractor will include with the monthly invoice a report of the FTE hours worked at the County shelter by these staff members. An organization chart will be sent to the County annually that shows the Contractors entire organization including the percentages of time staff paid by the County shelter. 3. Training Contractor will: a) Annually provide a training plan that includes any certifications required by State laws. b) Be responsible for providing fully trained personnel in all aspects of performance, including proper animal care, animal handling, and enforcement procedures and techniques. c) Ensure all ACOs complete Penal Code 832 Arrest course or be appointed pursuant to California Corporations Code Section 14502 as Humane Officers, issue citations, receive ongoing training and maintain proper education, experience and/or certification within one (1) year of hire. d) Ensure all ACOs pass approved baton training at earliest feasible opportunity. No ACO shall use a baton until trained. e) Require all ACOs to be certified to perform euthanasia by injection as defined by California law. All ACOs will complete required training per state law. f) Require all staff that perform animal euthanasia to be trained pursuant to State law. g) Require staff members that have access or review documents, such as bite reports and human medical records, to complete HIPAA training.

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28 4. Volunteer Program Contractor will: a) Have an active volunteer program to support the Animal Care and Control program and related activities. The County encourages the use of volunteer support in all aspects of the program unless prohibited by State law. The volunteer program will be guided by policies and procedures similar to b) Contractor should work to increase the volunteer to staff ratio as may be deemed appropriate by Contractor for specific programs. c) Carry insurance on volunteers, including coverage for volunteers at the shelter including but not limited to their interaction with animals. d) Outline how they will recruit and coordinate volunteers and assigned activities. e) Track volunteer hours and report numbers annually to the County. f) Outline which tasks the volunteers will be assigned to complete at the shelter. B. V.6.4. Vehicles 1. Acquiring /Replacement Contractor will: a) Utilize funds paid to Contractor pursuant to this Agreement to acquire or replace vehicles. 2. Vehicle Maintenance and Repair Contractor will: a) Provide proof of automobile liability insurance covering all Contractor staff utilizing vehicles pursuant to this Agreement. b) Be responsible for all vehicle maintenance and repairs to be paid out of funds paid to Contractor pursuant to this Agreement. c) Utilize and maintain existing and replacement vehicles assigned for animal control activities. d) Provide a quarterly maintenance and repair report listing all vehicles and the service received. e) Ensure all vehicles receive routine maintenance as required by the manufacturer. f) Maintain all of the vehicles such that they remain in a safe, professional condition at all times. Records must be kept on all maintenance problems and mileage. g) Keep vehicles in good repair and ensure that there are no dangers to animals inside the vehicles that could cause injury such as sharp edges, gaps in doors etc. h) Clean and disinfect after an animal has been transported in the vehicle. i) Ensure all vehicles are kept clean on the inside and outside. C. Procurement 1. Inventory

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29 Contractor will: a) Maintain and provide to the County, within thirty (30) days of execution of this Agreement, a current inventory of all equipment paid for with non-contract Funds owned by Contractor or paid for in part with non-Contract Funds, used at the shelter and having a current fair market value of $1,000 or more. Provide to the County, within six (6) months of signing the Agreement, an inventory of all durable equipment purchased using contract funds and having a current fair market value of $1,000 or more. 2. Computer Hardware and Software Contractor will: a) Be responsible for the provision and replacement of County-owned hardware and software using contract funding, grants or private funds as long as all of the computer hardware located in the County Shelter purchased using contract funds is considered the property of the County. Items owned by the County will be listed in the annual inventory. b) Maintain an inventory of purchased hardware and software. c) Be responsible to provide server, internet connectivity and equipment to operate all computers within the shelter. This will include the set-up of the service for the equipment. 3. Operating Supplies a) The Contractor shall be required to purchase all operating supplies for the purpose of any service provided under the terms of the contract with contract funds, County-directed donations or other funding sources directed solely to the County Shelter; the supplies will be and remain the property of San Mateo County. b) County shall provide animal licensing tags for dogs, cats, animals held under a Dangerous Animal Permit, and animals designated as Service Animals. D. Administration 1. Financial systems Contractor will: a) Have in place a process and have the capability to provide billing and provide activity reports to the County. b) Contractor will not release any impounded animals unless the owner of such animal, or another individual with express written or verbal authority (such verbal authority having been conveyed to Contractor directly from owner) to represent the owner, appears at the Contractors facility, and pays all applicable impoundment, emergency medical treatment, and/or licensing/permit fees to redeem said animal. Exceptions may be made where efforts safety of its staff, volunteers or facility. Contractor will alert the program manager of Animal Control and Licensing regarding the threat of harm to the staff. c) Contractor will require license fees to be paid before the animal leaves the shelter. d) Contractor will bill the responsible party if it is reasonably determined that they cannot pay the required fees at the time an animal is released. Contractor will use every effort to confirm that the responsible party is unable to pay fees. In the case of unaltered dogs, cats and

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30 rabbits, fees will only be billed provided the responsible party agrees to have the animal spayed or neutered prior to the animal being released from the shelter. e) Fees will only be transferred to the County for billing as a last resort. Any time a responsible party is billed, the responsible party shall be provided a detailed and clear itemized list of fees, as well as a letter on San Mateo County Health Department letterhead explaining how to pay owed fees and the potential for collections actions to follow. 2. Financial Audit & Operational Audit Contractor will: a) Provide periodic updates on the annual external audit process, including information on the process which will be used to ensure the completion of audits. The completed written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year. b) Annually hire an independent auditor, who will conduct a fiscal year audit of all expenses and revenues and services noted above. The auditor must document and express an opinion on program revenues, expenses and units of service and must conduct audit in accordance with generally accepted auditing standards. The audit report shall also express an opinion regarding compliance with the financially related terms of the Agreement. c) After completion of the audit, allow County or City personnel, or consultant to speak directly with the auditors in a joint session with Contractor. d) Contractor shall use all commercially reasonable efforts to achieve economy, efficiency and effectiveness in performance of the services provided. Contractor and County will meet on occasion, as requested by County, but not to exceed more than once per year, to consider revisions which may be needed to the reporting forms created to document performance of the services provided. At any time during the term of this Services Agreement, but not to exceed one time annually, County may request, and Contractor shall provide additional detailed information concerning services performed under this Agreement for the purpose of a performance audit. The County shall make every effort to follow Generally Accepted Government Auditing Standards (GAGAS). e) At any time during normal business hours and as often as the County may deem necessary, allow the County and/or representatives of the County to observe all staff and volunteers in all areas of the County Shelter operation. County/City and/or representatives/contractor shall reasonably conduct themselves so as to not impede regular operations or functions. At no time will the County/City and/or representatives/contractor of the County direct the work of any Contractor staff in any manner. f) At any time during normal business hours, with 24-hour notice from the County, and as often as County may deem necessary, provide to the County and/or representatives of the County records for examination with respect to all matters covered by this Agreement. Any records (e.g., personal employment) that would require notice to interested parties, shall be so noticed to the extent required by law prior to disclosure. Notice to Contractor shall not be required if the County has evidence of fraud or other misuse of contract dollars on the part of the Contractor; provided, however, that Contractor does not waive any privacy rights that individual employees may have. Nothing in this Services Agreement shall be construed as granting County any right to make copies, excerpts or transcripts of information unrelated to the Services Agreement without the prior written consent of Contractor.

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31 3. Documentation Contractor will: a) Maintain for at least four (4) years after contract termination, and provide to County, or authorized representatives, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Services Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed. b) Maintain for at least four (4) years after contract termination, and provide to County as requested records of animals impounded including the description of animal; date of receipt; date and manner of disposition; treatment received; name and address of person who redeemed animal; and fees, charges and proceeds charged and collected for redemption. Contractor will provide information regarding adopters and fees for those animals adopted at the County Shelter. Contractor shall record all vaccinations. c) Maintain a complete record on each animal within the Chameleon (or any successor system) database. 4. Quality Improvement a) Contractor shall have a Quality Improvement program to ensure maintenance of key documents, reporting, scheduling services and activities, staff performance, and customer service. E. Public services 1. Contractor agrees to convene a Participating s Group at a minimum of once per year over the term of this Services Agreement. 2. President of the organization, and a committee of Participating City and County elected officials upon request, at a minimum of once per year during the term of this Services Agreement to review work covered herein. 3. Contractor agrees that the President, Senior Vice President of Operations, Senior Director of Operations will meet monthly with the Program Manager of Animal Control and Licensing. 4. When the County responds to a public records request, it will also provide an exact copy to Contractor of the documents disclosed to the member of the public. 5. Contractor agrees to present an annual report and supporting documentation to the Board of Supervisors that addresses the performance of the contracted services set forth in this Agreement.

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32 6. Public services include, but are not limited to: staffing the call center, providing and running a website, reunification of lost animals with owners, animal adoptions, animal transfers to partner organizations, adoption promotions, licensing services, vaccination and microchip clinics, media inquiries, citizen complaint resolution, public education and outreach, utilization of volunteers, and coordination with other local, state and national agencies. Services also include the proper collection and handling of financial transactions associated with fees, fines, donations, and contract payments. 7. Contractor will provide quarterly communication updates to the County and Cities for public release on their websites and within social media. This should include any information for residents on services provided by the Contractor. Contractor will: 8. Issue animal licenses and or required permits and collect applicable fees for dogs and cats that are encountered at the County shelter. 9. Provide public hours at the County Shelter as follows: Shelter will be open 7 days a week with a minimum of 8 hours per day Monday-Friday (e.g. open 11:00AM-7:00PM) and 6 hours (e.g. open 11:00AM-5:00PM) per day on Saturday and Sunday. The shelter can be closed on major holidays (see attachment L Peninsula Humane Society Holidays), provided, however that on such holidays, Contractor shall maintain the minimum staff necessary to care for the animals and respond to field activities. Shelter will be cleaned by 11 am and ready for public to enter during business hours. 10. Provide method(s) for customers to find and claim lost pets through the website, call center, notification by mail and telephone. 11. Promote adoptions and licensing through a variety of outreach strategies, including public education and outreach opportunities that contribute to increasing the live release rate and decreasing pet overpopulation. 12. Ensure customers are provided with exceptional customer service by achieving a positive customer satisfaction rating according to a survey to be developed in conjunction with County approval and administered annually. The survey must include a customer feedback component to ensure continuous improvement. 13. Develop and maintain acceptance, tracking and resolution procedures for customer service complaints received regarding Animal Services. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48 hours of receipt, with intent to resolve within a reasonable period. County will be advised for sensitive or unusual complaints. F. Provide monthly low-cost vaccination clinics at the shelter Contractor will: 1. Hold at least one (1) monthly low-cost vaccine clinic at the County Shelter for the residents of San Mateo County. The Contractor shall sell licenses at the monthly low-cost vaccine clinics and all fees collected at the clinic will be remitted to the County. G. Issuing licenses Contractor will:

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33 1. Provide online information on how pet owners can license their pets to include locations for purchase and web addresses. 2. Issue replacement tags to dog owners whose license tags are lost, stolen or damaged, for applicable fee. 3. License and/or issue required permits and collect for County all applicable fees for all dogs and cats that are encountered at the County Shelter as required by applicable ordinance. 4. Issue a one (1) or three (3) -year option for dog licenses to the general public as required by applicable ordinance/law and collect applicable fees for County. 5. Provide an online option on the website (https://www.petdata.com/ URL etData, Inc.) to license or renew animal licenses. 6. Properly handle the collection, deposit, remittance, and refund of all money associated with service fees, fines, and contract payments. 7. Collect all fees documented in the ordinances. 8. Contractor shall remit to the County monthly any and all fees collected, pursuant to ordinance, as well as, vaccine and microchip clinic fees, and animal licensing fees. H. Software Contractor will: 1. Utilize the Chameleon (or any successor system) software and database animal sheltering information system for the purpose of tracking all animal intakes and dispositions, behavioral notes, all medical conditions and treatment (with the exclusion of some medical notes that are unable to be added to the database and can be handwritten), notes made by volunteers may be hand written, animal control field activities, animal control citations and written warnings, animal bites and bite quarantines and other data relevant to the management of the animal services operation. Contractor shall provide copies to the Participating Cities/County or contractor all written notes as well as data within the Chameleon (or any successor system) software upon request. 2. Be responsible for paying all of the Chameleon (or any successor system) software system fees for work related to the contract, including the County licenses, using contract funds. The Chameleon (or any successor system) license will list San Mateo County and Peninsula Humane Society & SPCA as the database owners. In the event of contract termination or expiration, each party shall receive an exact copy of the database information, and if any technical problems arise regarding that goal, each party agrees to use best efforts to achieve this result. 3. on (or any successor system) shall be utilized for private individuals who have adopted a pet with the intention that the animal is to be their permanent pet or the permanent pet of their friend, partner or relative. The (or any successor system) shall be utilized for Partner Group organizations and their designees that plan to temporarily hold the animal until it can be adopted to a private individual or that plan to provide a hospice type service for the animals.

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34 4. Ensure every live animal goes through an intake process where a photo and description of each animal is added to the Chameleon (or any successor system) database. Core vaccinations, deworming and any necessary flea treatment for animals to be sheltered shall also be administered and documented in Chameleon (or any successor system) during the intake process. The photos of all stray animals impounded at the County Shelter shall be made available for viewing by the public on the lost and found website page during the stray hold period. The photos of all adoptable animals past any necessary stray hold period kept at the County Shelter shall also be made available for viewing by the public on the Contractor 5. Ensure all owner contact information and attempts to contact the owners of animals wearing a license or identification tag, a microchip or any other kind of identification must be recorded in Chameleon (or any successor system). Behavior notes and all other information regarding the animal shall also be recorded in Chameleon (or any successor system). 6. Contractor will record in the Chameleon database Activity Record field responses with staff going on scene to the location of the activity differently than they will non-field responses, such as leaving phone messages, phone conversations, radio conversations, mailing letters, or any other activities performed when staff is not physically on the scene of the location of the activity. Recording field and non-field responses differently will allow accurate response reports to be generated. Response time reports for the City/County will only include field service calls when field staff is dispatch to a scene to handle a priority 1-5 call. It will include the time call was received, time dispatched, time the staff arrived on the scene and time the staff cleared the scene and what action the staff took. 7. Ensure all dogs, cats, puppies and kittens in a litter, weaned or not weaned, shall always be provided with an individual animal ID number in Chameleon (or any successor system) that is counted in both intake and outcome statistics. I. Disaster response Contractor will: 1. Coordinate with County in the event of a disaster/declared state of emergency. 2. Provide assistance to residents, local law enforcement, fire agencies and the County of San Mateo Office of Emergency Services to evacuate, shelter, and care for animals in the event of a disaster. 3. County 4. Work with other groups within the County during a disaster to ensure animals are safely evacuated and proper care is provided. 5. Ensure that staff or a third-party organization is available to respond to a disaster and are trained in the handling and care of all animal species within the County. 6. Ensure that each staff member responding to the disaster completes necessary FEMA forms. 7. Participate in a minimum of one (1) full-scale disaster exercise with San Mateo County Health or the Office of Emergency Services annually.

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35 8. When staffing is available, supply 1-2 staff members during disasters that can rotate into the emergency operations center as needed by the County. 9. Ensure that all staff and volunteers responding to the disaster have completed ICS 100 & 700, as well as trained to the animal care and handling standards of the Contractor. 10. Train with other non-profits and groups in the County on evacuations, sheltering set ups and communications during a disaster, etc. J. Mutual Aid Contractor will: 1. Respond during a disaster in other Counties when requested by the San Mateo County Emergency Operations Center. Shelter and Field services must continue to operate in San Mateo County when providing support to other jurisdictions. Contractor shall use reasonable efforts to make staff available to assist with mutual aid, as requested and, when the Contractor reasonably determines that it is unable to do so, shall promptly provide a detailed written explanation of why it is unable to do so. 2. Contractor will work directly with San Mateo County Health and EOC during a disaster for mutual aid needs or supplies. K. Recovery Contractor will: 1. Work with animal owners on the pickup of their animals that have been cared for during the disaster. Thirty (30) days of Shelter fees can be waived by Contractor due to the disaster and include documentation in the database. If that animal needs to be held longer and more fees should be waived, Contractor will get approval from the County. 2. For those animals that owners wish to relinquish, the Contractor will look at alternative placement options for the animals such as adoptions, foster homes, or partner groups. 3. Plan Continuity of Operations Plan (COOP) 4. Within six (6) months of signing the agreement, Contractor will create a COOP for the provision of all contracted services in the event of a natural disaster or other significant unanticipated event that might otherwise disrupt services. Plan to be provided to the County annually. VII. REPORTING Provider will provide the following reports as specified within the required time period. Monthly Reports DUE 1. Live animal intake kennel statistics (counts and percentages) by: Animal, including dogs, cats, other domestic animals, and wildlife, Intake type, including owner-surrender, confiscated, stray, owner-requested, Outcome, adoption, reclaim, transfer, euthanasia, died, missing, owner-requested Upon Invoicing

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36 euthanasia, etc. by Jurisdiction and summarized2. Dead animal statistics (counts and percentages) by: Animal, including dogs, cats, other domestic animals, and wildlife Upon Invoicing 3. Field pick-up and drop-off: Jurisdiction and summarized, Patrol calls and response times by priority to include jurisdiction of the call and outcome Upon Invoicing 4. Field activities response times are to be calculated from the time of the call for field service to when the Animal Control Officer arrive on the scene of the field activity. Report should include the minimum time, maximum time, average time, targeted time percentage per priority, both summarized and by jurisdictional location, and results. Upon Invoicing 5. List of citizen complaints by jurisdiction and category, timeline for resolution, and associated outcome. Upon Invoicing 6. Number of citations issued, categorized by ordinance and jurisdiction. Upon Invoicing 7. Number of voidable license citations issues and number voided with the purchase of a license. Upon Invoicing 8. Revenues collected by jurisdiction and type and summarized. Upon Invoicing 9. Financial reports reflecting budget to actual comparison information for revenues and expenditures by line item. As an addendum to the financial report, a narrative outlining any foreseeable issues or operational changes that the Contractor believes may be necessary for approval by the County. Upon Invoicing 10. Staff report on FTE percentage of hours spent at the County shelter. Upon Invoicing Quarterly Reports Due 1. License sales performed by Contractor by species and type and jurisdiction with summary. Upon invoicing for January, April, July, October 2. Rabies vaccination and microchipping clinics statistics, with summary of total vaccinations administered by species and type. Upon invoicing for January, April, July, October 3. Dangerous & vicious animal cases by jurisdiction and outcomes. Upon invoicing for January, April, July, October 4. Animal Control/Humane Officer training Upon invoicing for January, April, July, October 5. Humane Investigation report to include number of calls, contacts, notices, citations, and number of cruelty/neglect cases submitted to the District Attorney/City Attorney for prosecution with outcome. Upon invoicing for January, April, July, October

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37 6. Maintenance and repair report listing allvehicles and the service received. Upon invoicing for January, April, July, October Annual Reports Due 1. All monthly and quarterly statistics listed above compiled for an annual summary of animal statistics Prior calendar year upon invoicing for February 2. Medical services staff training--list of staff, type of training, and dates of completion. Prior calendar year upon invoicing for February 3. Field officer training - list of staff, type of training, and dates of completion. Prior calendar year upon invoicing for February 4. Animal care staff training - list of staff, type of training, and dates of completion. Prior calendar year upon invoicing for February 5. Annual dog and cat statistics in basic matrix format, including live release rates and the live release rate formula used. Prior calendar year upon invoicing for February 6. Annual financial audit statement. December 31st of the current year 7. Customer satisfaction rating survey results. Prior calendar year upon invoicing for February 8. A Continuity of Operations Plan (COOP) for the provision of all contracted services in the event of a natural disaster or other significant unanticipated event that might otherwise disrupt services. Prior calendar year upon invoicing for February 9. A written cost allocation methodology procedure. Methodology should consist of items such as how direct services, such as field and shelter personnel and supplies, cost are distributed vs administration personnel that may be used for other than County contract related services, if applicable. Prior calendar year upon invoicing for February 10. A list of all current employed personnel by position paid for in full or part by the Contract with the salary/benefits and percent of FTE for each. Prior calendar year upon invoicing for February 11. Personnel Organization chart with the percentage breakdown of FTE positions and number of . For those personnel whose responsibilities extend beyond the contract, the organizational chart will indicate the percent of full-time equivalence assigned to each staff member for the contract that will be correlated with the amount funded by the contract. Prior calendar year upon invoicing for February 12. Detailed budget narrative outlining estimated revenues and expenditures for operating and capital needs, explanation of operational and financial changes requested from the prior year, major operation strategy shifts, and any other items necessary to provide the County with an understanding of the proposed spending plan for Current fiscal year upon invoicing for August

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38 the following year.13. Current policy and procedures (SOPs). Prior calendar year upon invoicing for February 14. Contractor will notify the County by January 31st of each year the number of bite quarantines handled for the past calendar year, broken down by city, compared to the average number of quarantines for the prior three (3) calendar years and include data on in-home vs. shelter. Contractor will provide statistical information to the Animal Control & Licensing Manager sufficient to allow for completion of the Local Control Rabies Activity Report required by the State of California. The past years rabies information to be provided to the County no later than February 15th of each year. January 31st and February 15th for prior calendar year 15. Provide the County with an inventory list of County owned equipment. Prior calendar year upon invoicing for February 16. Number of spay/neuter surgeries provided to San Mateo County residents, transfer partners and shelter animals, number of spay/ neuter surgeries provided to residents outside of San Mateo County, divided by category, and total spay/neuter surgeries. Prior calendar year upon invoicing for February 17. Humane Investigation report to include number of calls, contacts, notices, citations, and number of cruelty/neglect cases submitted to the District Attorney/City Attorney for prosecution with outcome. Prior calendar year upon invoicing for February 18. Number of volunteers, hours and tasks performed. Prior calendar year upon invoicing for February 19. Provide the County with an itemized list of all County fees collected. Prior calendar year upon invoicing for February 20. Number and type of disaster trainings conducted, both within their organization and with other groups in the County. Prior calendar year upon invoicing for February 21. Contractor to provide annually a detailed outline of what they will provide or do for kennel enrichment for all animals housed at the shelter. Prior calendar year upon invoicing for February

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39 VIII. PERFORMANCE MEASURES Incentive Performance Measures 1. 85% of stray and owner-surrendered animals that go through their stray hold will be moved to a positive outcome within three (3) weeks of entering the shelter. Detailed description of reasons for not meeting this objective is required for animals not moved within three (3) weeks (with the emphasis looking to improve the positive outcome over the duration of the contract). Dangerous animals, quarantined animals and animals in protective custody are excluded. 2. 95% of rabies specimens will be delivered to the San Mateo County Public Health Laboratory within 48 hours of arriving at the shelter. Detailed description is required in the notes in the Chameleon (or any successor system) software for animals not delivered within 48 hours 3. 95% of all animals entering the shelter will be administered vaccinations, dewormer, and flea control as appropriate for their species. 4. All animals receive a health assessment within 24 hours of the animal entering the shelter. 5. All dogs and cats receive an equitable full behavioral assessment no longer than 96 hours of the animal entering the shelter (not including the day of intake). Detailed description is required for animals not receiving a complete behavioral assessment. Excluded: Dangerous animals, quarantined animals, animals in protective custody, euthanasia requests, exotic animals, and fowl. 6. 95% of all priority 1 calls are responded to within 1 hour of the reporting party calling Dispatch. 7. 95% of all priority 2 calls are responded to within 4 hours of the reporting party calling Dispatch. 8. 90 % of all priority 3 calls are responded to within 18 hours of the reporting party calling Dispatch. 9. 85% of all priority 4 calls are responded to within 24 hours of the reporting party calling Dispatch. 10. Monthly reporting of the number of citations issued to animal owners. A detailed explanation is required for ±15% variation in the measure. 11. Monthly reporting of the number of citations voided due to license purchase. 12. Provide monthly reporting on the number of animals euthanized in the field by species type and jurisdiction. 13. 100% of investigative reports including available witness statements, photos, videos, veterinarian bills, medical bills, bite reports, and police reports to the County within 3 calendar days prior to a hearing, excluding weekends and holidays. 14. 90% of dead animals are removed within 18 hours. 15. 90% of all quarantines will be responded to within 18 hours of the reporting party either calling Dispatch or a faxed bite report being received. 16. Dispatchers answer 90% of calls to Dispatch in less than 2 minutes and have no more than a 10% abandoned call rate. 17. Contractor will report quarterly and annually how many cruelty cases have been investigated and the number of cases sent to the District Attorney or City Attorney for prosecution. 18. All live animals entering the shelter with a non-urgent medical issue are examined by veterinarian/technician within 24 hours. Examinations may be visual for animals that are unsafe to handle. A detailed explanation is required for ±10% variation in the measure. 19. All officers will be trained as per state law within 1 year of hire date. 20. All staff that have access to human medical documents must be HIPAA trained by the Contractor within 30 days of hiring.

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40 21. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48 hours of receipt, with intent to resolve within a reasonable period. No more than a 10% variance 22. 5% increase in the number of pets receiving a rabies vaccination at monthly vaccine clinic based upon 23. Number of pets receiving a license during the vaccine clinics shall increase 10% each year by using a baseline the prior fiscal year and for each consecutive year throughout the term of the contract. 24. Contractor shall only report out for response times those field activities logged into Chameleon (or any successor system) those that are dispatched to field staff and when they arrive on scene to the location of the activity. If other field services activities, such as phone calls, emails or text messages are logged into Chameleon (or any successor system) they will not be counted in the response time report. 25. Written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year. Non-Incentive Performance Measures 26. All received animals will receive a microchip scan. Detailed description is required for animals not receiving a microchip scan 27. Contractor to provide annually a detailed outline of what they will provide or do for kennel enrichment for all animals housed at the shelter. 28. Contractor will have written policies and procedures on euthanasia with a goal of ensuring that non-aggressive and healthy or treatable animals that enter the shelter system are not euthanized and that such animals are given a positive outcome through redemptions, adoptions and transfers to other organizations. 29. Contractor will have comprehensive written policies and procedures on Field Services. Policies and procedures should include proper care and handling of animals, emergency response procedures, how animals are placed into the vehicle, how officers will keep animals protected from the heat and cold in their vehicle, and standards for cleaning and disinfecting vehicles. 30. Contractor will have comprehensive written policies and procedures on Veterinary Medical Services. Policies and procedures should include proper care of injured and sick animals 31. All staff that will be euthanizing animals shall be trained per state law prior to performing euthanasia. 32. All staff and volunteers that will be responding to or caring for animals during a disaster shall take the ICS 100 & 700 online classes. 33. Contractor will be 100% in compliance with documentation outlined in this contract of animals entering the shelter. The County program manager of Animal Care and Control may conduct annual reviews of animal records. 34. Contractor shall maintain books, records, reports and accounts adequate to allow County and/or the auditor to fully evaluate, asscontract funds under the Agreement, and allow inspection of same by County at any time with 24 hour notice, as outlined in this Agreement 35. Contractor shall use reasonable efforts to make staff available to assist with Mutual aid, as requested and, when the contractor reasonably determines that it is unable to do so, it shall promptly provide a detailed written explanation of why it is unable to do so: 36. Contractor will have comprehensive written policies and procedures on the Volunteer Program. Contents of the policies and procedures should include, but not be limited to, the application form and process, job descriptions, selection and supervision, orientation and training, performance reviews, outline allowable and non-allowable activities, and a process for dismissal.

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41 Exhibit B In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms: The total amount that the County shall be obligated to pay for services rendered in this agreement shall not exceed THIRTY TWO MILLION FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). The county shall pay the contractor in accordance with the following terms: A. Budget 1. Fiscal Year and Amount a) 2021-22: $6,189,290.95 b) 2022-23: $6,327,480.28 c) 2023-24: $6,499,455.67 d) 2024-25: $6,674,024.00 e) 2025-26: $6,858,739.01 2. All funds paid to Contractor pursuant to this Services Agreement shall be used by the Contractor to meet its obligations herein. 3. A detailed proposed budget is included as Exhibit F. 4. An additional amount of $100,000 annually will be included in the total budget to provide an incentive. Ability to access incentive funds will be determined based on: a) Should the Contractor achieve all 25 of the incentive performance measure targets the Contractor will receive 100% of incentive ($100,000). b) Should the Contractor achieve 90% (23) of incentive performance measures the Contractor will receive $75,000. c) Should the Contractor achieve 80% (20) of incentive performance measures the Contractor will receive $25,000. B. Incentive Money 1. Incentive money is to be used to benefit the animals in San Mateo County (i.e., additional micro-chipping & vaccine clinics, mobile spay and neuter, disaster equipment, etc.) and Contractor will provide a summary report on how the incentive money was spent. C. Cost Overruns 1. During any fiscal year of this Services Agreement, if the costs necessary and incidental reasonably anticipated, Parties hereto shall meet to discuss what steps should be taken. In no event shall the County provide additional reimbursement for costs overruns without

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42 2. If county or state laws are passed during the term of this Services Agreement that require a greater level of service, County agrees to negotiate in good faith with Cities and Contractor to reimburse Contractor for additional costs associated with implementing the new laws. Should such amendments result in significantly increased costs to Contractor, Parties agree to negotiate in good faith to agree on appropriate reimbursement. If Parties are unable to agree on reimbursement costs, Contractor shall document the increased costs and submit to the County Controller. The Controller will conduct an independent audit. Parties agree to 3. If current state laws are amended, repealed, otherwise changed or suspended during the term of this Services Agreement that reduce, increase, alter, or remove existing relevant mandates, County may require Parties to meet to discuss possible financial and operational impacts of levels of service per the change in law, including but not limited to any decrease in contract amounts paid to Contractor. If, within 90 days, Parties reach mutual agreement as to how to proceed as a result of the change in law, it shall be memorialized as an amendment to this Services Agreement. If, after no less than ninety (90) days, Parties do not reach mutual agreement as to how to proceed as a result of the change in law, the County Controller will conduct an independent audit. Parties then have Should Parties decide not to accept ne whether they wish to exercise early termination of this Services Agreement, as set forth below. days results in this Services Agreement continuing without change or amendment for the duration of the term determined by Section 9 Term and Termination of this Services Agreement. Should either Party chose to exercise this early termination option, the Party shall do so by providing three-hundred-sixty-five (365) days prior written notice to other Party of its decision to terminate. D. Modifications to the Budget or Payments 1. Any changes to the budget in Exhibit F must be requested in writing to the County no later than February 1 of the prior fiscal year for approval and a possible contract amendment by March of that year. 2. In the event that funds provided under this Agreement are expended prior to the end of the contract term period, Contractor shall provide ongoing services under the terms of this Agreement through the end of the contract period without further payment from County. 3. In the event that funds provided under this Agreement are not expended prior to the end of a fiscal year, Contractor shall have the opportunity to request funds no later than February 1 of the prior fiscal year to be used in the subsequent 12-month period with clear explanation for how those additional funds would be expended, and the County shall determine what amount of rollover funds will be available by March of the year. E. Budget Monitoring and Exceptions 1. Revenue accounts shall be established for each service and shall be maintained separately by Contractor. F. Method of Payment and Invoicing 1. Within 20 business days of the end of each month, Contractor must submit an invoice of actual costs for provision of services provided in Exhibit A for the prior month.

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43 a) For the month of June each year, the following deadlines for invoices exist. Specific dates for each fiscal year close will be confirmed in May of that year. (1) June 18, 2022 (2) June 17, 2023 (3) June 15, 2024 (4) June 21st, 2025 For the FY of July 2021-June 2022, Contractor may submit one initial invoice to the County by July 5th, 2021 in the amount of $500,000 as an advance payment for the fiscal year. The Contractor will reconcile this one-time advance payment on or before the September invoice. a) A similar arrangement for a one-time annual advance payment in July for each fiscal year will be in place. 2. Other than the advance payments in July of each year, which are reconciled by September of each year, Contractor will only invoice for actual costs. 3. Within 20 business days of the termination or expiration of the contract, Contractor must submit a final invoice and refund to County any advanced funds in excess of actual costs. annual fiscal obligation under this Agreement exceed the amounts noted in Exhibit B Section A. Budget 1. Fiscal Year and Amount. 4. In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County or credit a portion of such advance payments to the County. Contractor is not entitled to payment for work not performed as required by this Agreement a) Invoices are to be sent to: Lori Morton-Feazell San Mateo County Animal Control and Licensing 225 37th Ave, PONY PBH319ACL San Mateo, CA 94403 650-573-3726 [email protected] b) the County shelter (1) Total amount of expenses incurred (2) A breakdown of those expenses according to budget categories included in Exhibit F (3) A payroll report of positions identified in the annual organizational chart (4) Associated reports on performance metrics (5) A description of any accomplishments or challenges in providing services or changes to service provision. 5. Additional supporting documentation is not required to be submitted with invoices, however, the County can request supporting documentation on demand.

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44 G. Signature Claims Certification and Program Integrity 1. Anytime Contractor submits an invoice to the County for reimbursement for services provided under Exhibit A of this Agreement, Contractor shall certify by signature that the invoice is true and accurate by stating the invoice is submitted under the penalty of perjury under the laws of the State of California. 2. The invoice must include the following language and signature line at the bottom of the form(s) and/or cover letter used to submit the invoice. 3. that this claim for services complies with all terms and conditions referenced in the Agreement with San Mateo County. Executed at _______________ California, on __________20___ Signed ____________________ Title ____________________

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45 Exhibit C Excluded Services 1) Enforcement of regulations regarding the number of animals per household. 2) Removal and/or disposal of dead marine animals. 3) Pick up of baby birds. 4) Pick up of dead animals (deer, wildlife or domestic) from freeways or highways (1, 35 (Skyline Blvd.), 82 (El Camino Real), 84 (Woodside Road), 92, 101, 109, 114, 230, 280, 380). Freeways and highways are maintained by CALTRANS. 5) Respond to barking dog complaints or animal noise nuisance complaints. 6) Respond, whether dead or alive, to marine mammals/fish 7) Routine patrol of leash-law enforcement in parks, beaches, and other public places when other priority calls are pending. When there are no priority calls pending, Contractor will respond to complaints, calls, and observed violations regarding off-leash dogs in parks, beaches, and other public places where off leash dogs are not allowed, e, and will maintain a patrol of no farther 500 yards from the vehicle. 8) Under no condition shall a dangerous or vicious animal designation when determined in accordance with relevant County or City ordinance, placed on an animal by a law enforcement officer of any contract area as shown in Exhibit B to be overridden by Contractor. In cases where the contract area law enforcement officer is designating the animal as dangerous or vicious, eded regarding prior history with animal and/or owner. 9) Contractor will not accept animals at the County Shelter facility which belong to non-San Mateo County residents, unless an emergency arises requiring surrender of an animal. The County Shelter may accept stray animals that were found outside of San Mateo County. The Contractor shall attempt to immediately transfer the stray animal to the proper shelter in the County where it was found in a commercially expeditious manner. 10) Respond to pest-control issues (e.g., infestations, perceived or real, of rats, mice, insects, gophers, wasps, or spiders, etc.) 11) Investigate dog vs. dog incidents at County and/or City or other approved off-leash dog areas including dog parks, beaches, public parks, etc. Contractor will investigate dog vs. dog incidents at approved off leash dog areas as defined in the Ordinance. 12) Investigation of Animal Cruelty cases. -profit organization. Contractor will ensure that the Humane investigators attend an annual training with investigate along with the number of cases sent to the District Attorney for prosecution. In the event that Contractor determines that its donor funding levels have been reduced to the level that it cannot sustain the Cruelty/Neglect program, the parties agree to meet and confer about whether or not to amend this Agreement to allow for County and City cost sharing to support the program, or the County and cities taking over responsibility for the costs of the program. 13) Spay & Neutering of Animals being placed for adoptions and low-cost surgeries for the public. -profit organization. Annually a report will be sent to the County that includes number of public and adoptable animal surgeries and number of surgeries performed for County residents and non-residents. 14) Care, treatment and rehabilitation of wildlife.

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46 Exhibit D Contract Areas The unincorporated County and the following Cities have contracted for services pursuant to this Services Agreement: Atherton Belmont Brisbane Burlingame Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside

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47 Exhibit E Fees to be Collected for Services Provided In consideration of the payments set forth in Exhibit B, Contractor shall make every attempt to collect all of the following fees from the responsible party. Contractor has no authority to negotiate, waive, or retain fees. A. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a weekly basis to the County by the Contractor. 1. Licensing revenue is to be itemized by jurisdiction and category type.in a format provided by the County. a) All licensing fees as shown in San Mateo County ordinance 6.04.290 (a) and comparable City ordinances, including late fees whenever applicable. B. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a monthly basis to the County by the Contractor. 1. All redemption charges as shown in San Mateo County Ordinance 6.04.290 (b) with the following limitation: a) Impound charges and board costs for all animals except wildlife, unless wildlife is legally under permit for possession by a private citizen, including Vincent Bill Unaltered impound fees; b) Transportation and trailing costs for equine, swine, bovine, sheep, goats, and any other animals Contractor deems advisable to move by trailer; and c) Animal rescue costs on private property. 2. All surrender, euthanasia and dead on arrival disposal fees, as shown in San Mateo County Ordinance 6.04.290 (c). 3. Quarantine fee Home, as shown in San Mateo County Ordinance 6.04.290 (d). 4. Dangerous Animal Permit permit, inspection, and signage fees, as shown in San Mateo County Ordinance 6.04.290 (e), (f), and (g). 5. Field Return fees, as shown in San Mateo County Ordinance 6.04.290 (h). 6. Breeding and Fancier Permit fees, as shown in San Mateo County Ordinance 6.04.290 (i) and (j). 7. Return check fees, as shown in San Mateo County Ordinance 6.04.290 (k). 8. Record request fees, as shown in San Mateo County Ordinance 6.04.290 (l). 9. Administrative hearing fees, as shown in San Mateo County Ordinance 6.04.115 (f) or the applicable city ordinance. 10. Fees collected for dead animal pick-up in public areas and disposal; trap rental; dead animal pick-up on private property; and citation clearance.

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48 C. Uncollectable Fees 1. Contractor has no legal authority to negotiate, waive or retain fees for services unless provided by the applicable ordinance. Contractor shall collect all fees at the time of service or prior to release of impounded animal or release otherwise authorized per this Agreement. 2. Contractor shall use all reasonable efforts to collect the fee from the responsible party not release the animal until fees are paid unless refusing to release the animal would, in reasonable estimation, potentially jeopardize the safety of its staff, volunteers or facility. 3. Contractor will provide responsible party with a form provided by the County and agreed to by Contractor. Form will acknowledge debt for services provided by Contractor Parties shall meet when necessary to agree upon the form. 4. If fees remain uncollectable after reasonable efforts, Contractor will send the following to the County on a monthly basis: a) Excel spreadsheet showing the following: (1) (2) Service provided and fee charged by Contractor (3) Reason Contractor was unable to collect fee at the time of service b) Itemized invoice c) Returned check, if applicable

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49 Exhibit F
Five-Year Budget (PROPOSED IN RFP)
Entity Name: Peninsula Humane Society
Year 1 Budget Year 2 Budget Year 3 Budget Year 4 Budget Year 5 Budget Grand Budget Category Total Total Total Total Total Total
Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,957.00 $18,199,030.55 Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,296.46 $5,941,983.48 Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,431.45 $5,930,003.76 Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,058.36 $412,368.10 Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,393.27 $1,918,056.65 Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,602.48 $147,547.36 Total Expenditures $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,739.01 $32,548,989.91

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50 Attachment H Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements I. DEFINITIONS Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified. a. Business Associate. term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor. b. Covered Entity. "Covered entity" shall generally have the same meaning as the term ent shall mean County. c. HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d. Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501. e. Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity. f. Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g). g. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h. Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 164.503 and is limited to the information created or received by Business Associate from or on behalf of County. i. Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.501. j. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee. k. Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to be a breach, unless it can be demonstrated there is a low probability that the PHI has been compromised based upon, at minimum, a four-part risk assessment: 1. Nature and extent of PHI included, identifiers and likelihood of re-identification; 2. Identity of the unauthorized person or to whom impermissible disclosure was made; 3. Whether PHI was actually viewed or only the opportunity to do so existed; 4. The extent to which the risk has been mitigated. l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C.

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51 m.Unsecured PHI. unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an includes all incidents that constitute breaches of unsecured protected health information. II. OBLIGATIONS AND ACTIVITES OF CONTRACTOR AS BUSINESS ASSOCIATE a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses and disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity. e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to County any use or disclosure of Protected Health Information not authorized by this Agreement. g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524. i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County. j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule. k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528. l. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.

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52 m.Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County. n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information. o. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI. p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law. As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law. III. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS ASSOCIATE Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County. IV. OBLIGATIONS OF COUNTY a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522. V. PERMISSABLE REQUESTS BY COUNTY County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate. VI. DUTIES UPON TERMINATION OF AGREEMENT a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form.

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53 This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. b. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information. VII. MISCELLANEOUS a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required. b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement. d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule. e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate.

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54 Attachment I Fingerprinting Certification Form DATE: July 1, 2021 AGREEMENT WITH: Peninsula Humane Society & SPCA FOR: Peninsula Humane Society & SPCA Contractor will require records of fingerprinting and background checks for program staff in sensitive positions including animal control officers, humane officers, and staff who treat animals with controlled drugs or perform euthanasia. NAME: Anthony Tansimore TITLE: President:Customer1 SIGNATURE: DATE:

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55 Attachment J Rabies Algorithm

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61 Attachment K Animal Shelter Facility Use and Maintenance Agreement

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Animal Shelter Facility Use and Maintenance Agreement Between The County of San Mateo as County" and Peninsula Humane Society & SPCA as Contractor" for The Animal Shelter Facility 12 Airport Blvd, San Mateo CA 94401

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1 Section I. General Provisions A. The purpose of this Animal Shelter Facility Maintenance Agreement ("Agreement") is to set forth the roles and responsibilities of the County of San Mateo (hereinafter "County," which includes employees, officers, and authorized representatives), acting through its San Mateo County Health Division of Public Health Policy & Planning ("PHPP"), and the County Public Works Department Facilities Maintenance, Operations and Building Services ("Facilities Services"); and the Peninsula Humane Society & SPCA (hereinafter "Contractor," which includes employees, officers, and authorized representatives) for Contractor's use, operation and management of the Animal Shelter Facility, located at 12 Airport Boulevard, in the incorporated area of the City of San Mateo, California ("Shelter"). B. The parties understand and agree that Contractor's use of the County-owned Shelter is pursuant to and contingent upon an active Service Agreement between Contractor and County for Contractor's animal control services to the County ("Animal Control Services Agreement"). Contractor may use and occupy the Shelter only for the purpose of providing animal control and sheltering services to the County and cities as set forth in the Animal Control Services Agreement and any additional activities as mutually agreed to by Parties. This Agreement shall terminate concurrently with the Animal Control Services Agreement. If there is a material breach of this Agreement by Contractor, then this Agreement is subject to termination at the County's option if Contractor fails to cure the breach within sixty days (60) notice by County of such breach. However, if the breach Is causing continuing damage to the Shelter, County may take any steps necessary to immediately halt such damage, and if the breach is intentional or negligent, then Contractor shall be solely responsible for the cost and expense. Upon expiration or termination of this Agreement and/or the Animal Control Service Agreement, Contactor shall be given 7 days to vacate the Shelter by removing all Contractor-owned and personal items and return the Shelter in a clean and orderly fashion, ordinary wear and tear excepted. Contractor will use best efforts to not disrupt any operations occurring at the shelter during this time C. This Agreement shall be in effect from the date last signed below and run concurrent with the Animal Services Agreement and any fully executed extensions. Upon termination of this Agreement, Contractor shall vacate the Shelter on the date of termination and return it to County in good condition, excepting normal wear and tear. Any damage to the Shelter caused by the negligent or intentional acts of Contractor shall be promptly repaired by Contractor at its sole expense and not out of Contract funds or other County funds. D. The County acknowledges and agrees that the entirety of fees and costs related to Contractor's operation of the Shelter, and/or performance of this Agreement, shall be funded solely from the Contract Funds provided to Contractor from County under the

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2 Animal Control Services Agreement, except as otherwise provided herein. The County and Contractor acknowledge and agree that if the Contract Funds prove insufficient to meet the financial needs of maintaining the Shelter, and/or performing Contractor's maintenance and repair duties under this Agreement, the Contractor will not be responsible for the payment of any overage, unless caused by its negligent or intentional acts or omissions. If the Contractor anticipates costs that will exceed the Contract Funds, Contractor will use best efforts to provide County with notice as soon as it becomes aware of such potential overage, on a quarterly basis, and provide adequate documentation of the cause and amount of such anticipated coverage. E. Indemnification and Insurance 1. Hold Harmless & Indemnification (i) Contractor shall hold harmless and indemnify the County, and each participating city as listed in the Animal Shelter Service Agreement as third party beneficiaries, their officers, agents, and employees from all claims related to performance of this Agreement and/or use, operation, maintenance or repair of the Shelter by Contractor or its employees, contractors or agents including suits or actions of every name, kind and description, brought for, or on account of: (1) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County or Contractor's agents, officers or employees; (2) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of County or Contractor or its agents, officers, or employees; or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and/or which result from the negligent or intentional acts or omissions of Contractor, its officers, agents or employees. This obligation shall survive the termination of this Agreement for any claims arising during its term. (ii) The County shall hold harmless and indemnify Contractor, its officers, agents, and employees from all claims caused by the conduct of the County, or its agents, officers or employees, including but not limited to suits or actions of every name, kind and description, brought for, or on account of: (1) any and all claims related to the construction, and/or repair of the shelter by the County, whether such claims are based on performance or performance of an obligation, and whether such claims are based on conduct that happened before and/or after Contractor took possession of the Shelter; (2) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County's agents, officers or employees; (3) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of the County or its agents, officers, or employees;

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3 or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and which result from the negligent or intentional acts or omissions of the County, its officers or employees. This obligation shall survive the termination of this Agreement. (iii) In the event claims are brought against Contractor and County, the ultimate liability for damages, shall be apportioned according to the comparative fault of Contractor and County. The duty of Contractor, and of the County, to relieve, indemnify, protect and hold harmless, as set forth hereinabove, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 2. Property Damage Coverage All Risk Contractor at its cost shall maintain on the building and improvements that are a part of the Shelter a policy of all risk property, in the amount of the replacement value of the Shelter, its improvements and contents. The insurance policy shall be issued in the names of County and Contractor as their interests appear. The insurance policy shall provide that any proceeds shall be payable to County, excluding proceeds related to damage to equipment and supplies owned by Contractor. 3. Liability Insurance Contractor at its cost shall maintain Comprehensive Liability insurance for the following coverages with the following limits Insuring against all liability of Contractor and its authorized representatives arising out of and in connection with Contractor's use or occupancy of the Premises: (i) Shelter Premises Liability with a minimum limit of $1,000,000 Combined Single Limit (CSL) each occurrence; and (ii) All Comprehensive Liability insurance shall insure performance by Contractor of the Hold Harmless and Indemnification Sub-section of this Agreement; (iii) County shall be named as "additionally insured"; (iv) All required Insurance shall contain a Separation of Insureds or Severability of Interests provision; and (v) The policy shall not be cancelled or non-renewed unless the County has received 30 days prior written notice. (Ten days prior notice in the event of cancellation for nonpayment of premium is acceptable.) Written notice shall be sent to:

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4 County of San MateoAttn: Animal Services 225 37th Ave. San Mateo CA. 94403 4. Workers' Compensation and Employer's Liability Insurance During the entire term of this Agreement, Contractor shall have in effect Workers' Compensation coverage providing full statutory benefits and employer's liability. In executing this Agreement, Contractor makes the following certification: Contractor is aware of the provisions of Section 3700 of the California Labor Code, which require every employer (1) to be insured against liability for Workers' Compensation or (2) to undertake self-insurance in accordance with the provisions of the Code. Contractor will comply with such provisions. 5. Miscellaneous Insurance Provisions Contractor shall pay the premiums for maintaining the insurance required hereinabove. All the insurance required under this Agreement shall: (i) Be issued by insurance companies authorized to do business in the State of California, with a financial rating of at least an A- IV status as rated in the most recent edition of Best's Insurance Reports. Coverage provided by State Fund Insurance shall satisfy this requirement. (ii) Be issued as a primary policy. (iii) Contain an endorsement requiring thirty (30) days' notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy. (iv) County shall be named as "additionally insured" on each policy. 6. Certificate of Insurance A certificate of insurance, together with evidence of payment of premium, shall be deposited with County at the commencement of this Agreement, and on renewal of the policy not less than twenty (20) days before expiration of each policy. In the event Contractor fails to deliver the certificate of insurance verifying insurance coverage as required in this Section, County may declare a material breach and terminate the Agreement as provided herein or, at its option take out all or part of the required insurance and pay the premium thereon on behalf of Contractor.

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5 7. Force Majeure(i) Neither party is responsible for any failure to perform or delay In performing its obligations under this contract, to the extent it is prevented or delayed in performing those obligations by an event of force majeure. (ii) Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party In performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract. (iii) Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide, within 15 business day, a schedule for managing the Contractor's obligations under this Agreement to minimize the effects of the prevention or delay caused by the event of force majeure. (iv) An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event. (v) Definition. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, and includes but is not limited to such matters as: a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority; b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component; c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; d) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity; e) regional health emergency due to government health advisory(ies); and

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6 f) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which Is specific to the performance of the works or this contract. g) Increased costs incurred by Contractor in the provision of services under this Agreement, shall not In itself be considered an event of force majeure even if such increased costs are the result of such an event. Section II. Contract Information To better coordinate all services, Facilities Services has established the Facilities Customer Service Center (FCSC). The FCSC provides a single point of contact for customers and dispatch of staff and should be the primary resource for departmental or Contractor's Maintenance Coordinators and others responsible for requesting maintenance services. The FCSC is staffed during normal business hours and can be reached at 363-4444. For management issues and/or to discuss specific activities or projects, the overall coordinator of this Agreement and the main point of contact is Gary Behrens, Facilities Services Manager, 363-1875. For custodial issues specifically, contact Duane Minor, Building Services Manager, 363-4445. The supervisor for each area or function will manage day-to-day activities: 1. Win Maung, 599-1300 ([email protected]). Operation and maintenance of facility systems and equipment for County owned buildings at the Government Center, Redwood City. 2. Thomas Sipp, 312-5257 ([email protected]). Operation and maintenance of facility systems and equipment for County owned and leased buildings in outlying areas. 3. Patrick Oliver, Crafts Supervisor, 363-1877 ([email protected]). Repair, maintenance, and safety/regulation required upgrades related to carpentry, painting, and locksmith services for all County facilities. 4. Jose Villalobos or Mark LaGrone, 363-1951 ([email protected] & [email protected]). Custodial, parking lot, loading dock, and room set-up services for all County Center facilities. Facilities Services is responsible for updating and maintaining this list with current contact information.

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7 Section III. Baseline Services The baseline services outlined below are to be paid for by Contractor solely with funds provided to Contractor under the Animal Control Services Agreement the provided ("Contract Funds") (see Section VII for current charges). If these fees exceed the Contract Funds, the financial obligations shall be resolved in accordance with Section I.D., supra. A. General Shelter Facility 1. Preventive Maintenance and Routine Repairs Facilities Services will responsible for performing regular repair and maintenance on the Shelter, including all parts, material and labor. Facilities Services will make, or schedule repairs as determined by the County to be needed, or pursuant to a reasonable request by Contractor, with 24 hours advance notice to Contractor if possible, by phone or email. Repairs and maintenance include, but are not limited to, any and all work on the following areas of the Shelter: i. Structural portions of buildings (roof, gutters, doors, skylights windows, flooring) ii. Solar panels and carports iii. Repair and maintenance to the building mechanical systems including heating, ventilation & air conditioning system (HVAC), electrical distribution and lighting iv. Repairs of electrical systems (except for light fixtures) v. Exterior painting (with exception of any touch-up exterior painting) vi. Interior painting of common areas in County standard colors (entrances, lobbies, restrooms, main hallways) vii. All major plumbing issues shall be maintained by Facilities Services; however, toilet fixtures and sink clogs shall be the responsibility of the Contractor. If any damage is caused by Contractor's, or a vendor of Contractor's, intentional or negligent acts, Contractor shall be responsible for the cost of repair, not out of Contract Funds. County shall not be considered a vendor for the purposes of this Agreement. viii. Preventative maintenance of the fire alarm system ix. Generators and emergency power systems x. All warranty work related to the new construction. Facilities Services to communicate to Contractor which items are under warranty. xi. Facilities Services staff will perform quarterly facility inspections to identify the condition of the various systems and structure and will identify necessary repairs or maintenance to be performed to keep the facility in proper condition. Facilities Services and other County staff or officials may inspect the condition of the Shelter Facility at any time during working hours. In order to limit the impact to Contractor operations, County shall provide Contractor with at least 24 hours'

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8 notice of the intended inspection, which notice may be provided by email. 2. Contractor Obligation to Notify of Needed Repairs or Maintenance Contractor shall promptly notify Facilities Services of any necessary repairs or maintenance that could impact the long-term condition of the Shelter, or the provision of animal control and animal care services to the County. 3. Emergency Repairs Facilities Services will assure response in all critical situations within 2 hours of receiving actual notice, making immediate temporary repairs when required for safety or security reasons. Examples of such situations include but are not limited to: (i) Broken windows, doors and locks (ii) Air conditioning in computer server rooms and other sensitive areas (iii) Interruption of electrical service (iv) Broken pipes and clogged plumbing (Contractor shall try to clear clogs In toilet or drain prior to calling Facilities Services) (v) Leaking roofs (vi) Damage resulting from natural disasters (vii) Other situations which Contractor or County reasonably determines compromises the immediate health or well-being of the animals, the staff, volunteers or visiting public. 4. Process by which Contractor addresses Repairs/Service Needed on an Emergency Basis (i) Upon becoming aware of a situation, Contractor shall immediately notify Facilities Services of any repairs or maintenance needed to address items that could cause immediate damage or injury to the Shelter, or to persons working or animals being cared for therein, including but not limited to plumbing/water leaks, roof leaks, or fire or other hazards. (ii) Should an urgent situation arise in which Facilities Services is unable to respond within 2 hours to a major system failure which has the potential for immediate and serious health or safety impacts to animals, staff/volunteers, employees, or the public, and/or the continued operation of essential animal control and sheltering programs and which cannot be otherwise managed or contained, Contractor may retain the services of a reputable repair person to address the issue, after notifying Facilities Services. (iii) Contractor shall notify Facilities Services and PHPP within 2 hours of its decision and reasoning to take such actions. Contractor will provide Facilities Services with the key points of how the issue is being addressed. If possible, Contractor will arrange for a temporary solution so that Facilities Services can complete the full work once they are available. Contractor will use Contract Funds if Contractor incurs expenses due to

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9 an emergency repair as outlined in this subsection, unless caused by the intentional or negligent acts or omissions of Contractor, or its vendors, in which case Contractor shall be responsible for these expenses not using Contract Funds. (iv) Contractor must comply with any prevailing wage requirements of state law as applicable for any construction or repair it undertakes not performed by Facilities Services. 5. Utilities (i) Contractor is responsible for furnishing and paying for all utilities for the Shelter, including gas, water, electricity, sewer, telephone/internet and garbage service. All utility services shall be paid from the provided Contract Funds. (ii) Contractor shall maintain all records pertaining to all repair, replacement, maintenance utility and other services provided under this Agreement for a period of four years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by the County, a Federal granter agency, and the State of California. 6. Signage (i) Facilities Services will provide directional signs for parking lots and building lobbies. (ii) Contractor will have input on suitability of all signage installed by County. PHS will not install signage without approval of County. 7. Pest Control Contractor will use best efforts to maintain the Shelter pest- free. Contractor (PHS) will enter into, pay the costs of, and monitor a recurring and scheduled contract for pest control services in and around the Shelter, and on an as needed basis. The contract shall cover control of all types of pests, including termites and all types of insects, rodents and other and vermin. Costs will be paid from Contract Funds. The pest control invoices/reports will be made available to County upon request. 8. Disaster Response In the event of a natural disaster such as a major earthquake, Facilities Services staff are trained and prepared to respond to and secure building systems. County shall not be responsible or liable for any damages to Contractor or any third party for injuries or damages caused by a natural disaster or any injuries or damage to any person or property belonging to any person, or interruptions of any operations of Contractor, as a result of a natural disaster.

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10 9. Skilled Craft Servicesi. Carpentry Facility Services carpenters will perform maintenance and repairs as needed as determined by the County Facilities Services, or upon reasonable request by Contractor, and approval by County on roofs, doors, windows, water damaged areas and hard surface floors in common areas. Facilities Services will also patch and repair chips and holes in walls. Other carpentry services are available on a fee for services basis {see Section IV). ii. Lock Work Locksmith services provided under baseline services Include the repair or replacement of broken building locksets (excluding Contractor property such as file cabinets and desk), repair or adjustment of improperly working door closers; providing duplicate keys with proper authorization; re-keying locks for security reasons as determined necessary by Facilities Services; replacing worn or outdated locksets; and any work required because of new codes and regulations, as determined by Facilities Services. Keys for or repairs to County property, including but not limited to desks, file cabinets, and vehicles are beyond the facility service charge and will be repaired by the contractor using funding from the animal control services Contract Funds. 10. Grounds Services i. Landscaping Facilities Services is responsible for providing and monitoring the landscaping services for the Shelter. Under this contract, and as determined necessary or desirable by Facilities Maintenance, the landscaping crews will install and maintain irrigation systems; propagate and plant appropriate species; prune, trim, fertilize, now, and provide all other care and maintenance for plants, shrubs, trees, turf, and lawns. 11. Custodial and Janitorial Services Contractor shall maintain all interior and exterior areas of the Shelter and grounds in a clean and sanitary condition. Contractor may provide this service through its staff or shall retain a reputable vendor to provide janitorial and custodial services at a reasonable cost and as needed to fulfill its responsibility to maintain the Shelter in a clean and sanitary condition. Facilities Services will provide no Custodial or Janitorial for the shelter.

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11 Section IV. Additional Services Services requested by Contractor and not outlined in Section Ill are considered "additional services," and shall not be provided unless approved by the Directors of County Health and Department of Public Works. If approved, services listed below will be scheduled upon receipt of a work request from County Health, and the associated costs will be invoiced to the Contractor. Contractor will use Contract Funds to pay the invoice within 30 calendar days from date of mailing or emailing; if not timely paid, County will deduct the past due amount from Contractor's next monthly payment. The majority of these services are provided under the administration of the Construction Services Section (CSS) located at 30 Tower Road, San Mateo. Requests for services and cost estimates should be routed through San Mateo County Health System (Animal Control Manager). Contractor shall in no circumstance alter any part of the Shelter structure or install any fixture, without prior written County approval from the Directors of the San Mateo County Health and Department of Public Works. A. Carpentry New: Floor coverings Commercial fixtures Acoustical ceilings Doors/windows Soundproofing and insulation Air conditioning units Restroom partitions and fixtures tile work Concrete slabs and retaining walls Building and/or custom fabrication: Storage structures Security gates, windows, etc. Custom cabinets and casework Custom shelves, reception counters, etc. Wall framing and drywall Custom racks, bins, etc., for delivery vehicles B. Electrical Install additional electrical circuits and outlets Upgrade and install new workplace lighting Install Pleione electrical whips Install and maintain security alarm systems Set up temporary power for events. C. Lock Work Lock drilling (when keys are lost or locked inside, contact FM&O)

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12 New installation (result of new construction or remodeling) D. Other Directional signs for departmental areas General construction site cleanup Need for county approval for any fixtures, repairs, remodeling or construction at the Shelter. Any of the above items as well as any new fixtures, construction, repairs or remodel (to include altering of the building or grounds in any way) may not be undertaken without the express, prior written permission of the Director of San Mateo County Health or designee, and the Director of the Department of Public Works, or designee, except as otherwise provided under this Agreement. If Contractor performs any construction work, remodeling or repairs, or attaches any fixtures to Shelter or other county-property without such written permission, or changes the grounds in any manner, Contractor must promptly return the Shelter building, property or grounds to its original condition at its own expense and not using Animal Control Services Contract Funds or any other County funding, except as otherwise provided under this Agreement.

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13 Section V. Excluded Services A. This Agreement does not include any of the following which will be Contractor responsibility: Contractor shall be solely responsible for maintaining the below items. Money for all repairs and costs will come from the Contract Funds. Any such items undertaken by Contractor shall be documented and all invoices for any such work, shall be kept and provided to County on a quarterly basis. For major equipment owned by the County (as listed In subsection (d) below, and any similar equipment), Contractor shall use a reputable, qualified, and licensed contractor or vendor, and may not use its own employees or volunteers for such work without County approval. If employees or volunteers are used for work, no additional County funds shall be used for such labor, except those funds otherwise used to pay the employee's regular salary. Contractor agrees that all major equipment owned by the County (as listed In subsection (d) below, and any similar equipment) will be serviced by a qualified vendor. 1. Light bulb replacement to include lamps and ballast 2. Plumbing clogs: Contractor will first attempt to unclog and if unsuccessful will submit a request to Facilities Services for repair. (Contractor may not hire a service to attempt to unclog pipes.) 3. Equipment maintenance and repair as follows: Washers/dryers Kennel cleaning equipment Safes, lock boxes Clippers Surgical tables Audio visual equipment camera, security and intrusion alarms Computers/printers/scanners etc. and phone system Cash Registers/credit card machines, fax machine etc. Any other specialty equipment for animal sheltering Refrigerators 4. These items must be repaired by a qualified vendor X-ray equipment Anesthetic machine Surgical lights Auto clave 5. Kennel fencing repairs, to include the replacement of mud flaps or guillotine doors, door latches etc. (if CMU needs repair, the Contractor will submit a repair request to the Manager of Animal Control and Licensing for approval prior to contacting Facilities Services) 6. General: Repair office furniture Anchor files and shelving

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14 Hang pictures and bulletin boards; however, Contractor shall take care not to damage County property in its placement and installation of these or any other items attached to walls or ceilings 7. Intercom systems 8. Installation of new animal shelter equipment that is not attached to the structure. 9. Replacement of any equipment purchased by the Contractor for use in animal sheltering or animal control operations: Contractor shall not replace equipment to be paid for by Contract Funds without prior approval from County of equipment to be replaced and cost if cost exceeds $5,000 per individual item. If the need to replace such equipment is due to Contractor misuse or negligence, as distinct from wear related to appropriate use, Contractor shall replace such equipment from its own funds not Contract Funds, or any other County funds. Funds for approved replacement equipment not misused or damaged by Contractor are to come from Contract Funds. Any equipment or items purchased with Contract Funds or other County funds Is property of the County. Contractor shall use Contract Funds for purchase of equipment or vehicles to be used at the Shelter for providing services, which equipment. and vehicles shall be County owned. 10. Paint offices, conference rooms and staff bathrooms. 11. Keep the landscaped areas, walkways and patios, adjacent sidewalks, and other common areas In and around the County facility clean and in good repair 12. Sweep the entrances to County facility as needed and will keep glass doors clean 13. Contractor is solely responsible for custodial and pest control at the shelter.

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15 Section VI. Additional Responsibilities A. Facilities Services Responsibilities 1. For routine maintenance of systems, Facilities Services will (i) Provide the Contractor with advance schedule to the extent practicable (ii) Provide Contractor no less than 24 hours' notice when that maintenance is to occur (allowing Contractor to weigh in as to whether or not the scheduled maintenance will interfere with operation and if it will interfere Contractor will give alternate dates within a reasonable time frame when the repair/service can be completed.) (iii) Provide Contractor with acknowledgement that the service has in fact occurred and any unusual findings related to that service. This notification will be done by a service request confirmation. 2. For other than routine scheduled maintenance (i) Contractor will notify Facilities Services of needed repair/service without delay via phone, fax, or email to the DPW call center. Contractor shall be responsible for any damage to the Shelter, its contents or any person caused by its failure to timely notify the County of needed emergency repairs of conditions that threaten the structure or its contents or the health or safety of occupants or the public. (ii) Facilities Services will notify Contractor within 24 hours of its anticipated investigation of requested repair (if the matter is something that can be addressed at the time of investigation, Facilities Services to adhere to steps which follow): a) Notify the Contractor's Maintenance Coordinator at least 24 hours in advance of any scheduled maintenance activity that may affect the Contractor's normal working operation (noise, dust, odors, interruption of water or electrical service, etc.). b) Facilities Services to notify contractor of findings of the investigation and its plan to address (and except for the case of emergency repairs, allowing Contractor to weigh in if the scheduled repairs will interfere with its operation) c) Critical or emergent work will be completed at time of investigation. d) Facilities Services to notify Contractor promptly upon completion of the repair. Notification will be given by service request confirmation of close out. e) Contractor will notify Facilities Services of its review of the repair once completed. f) All communication between Contractor and Facilities Services will be copied to PHPP. g) Facilities Services will leave the work areas safe and clean of any debris caused by the repairs upon completion of the task.

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16 h) Facilities Services and Contractor will comply with all state and federal laws and regulations regarding the handling and disposal of materials and waste products associated with the normal operations of the facility or its maintenance that could impact public safety and the environment. i) Facilities Services will research and/or recommend special materials, devices, or services if it deems this appropriate and if desired by Contractor j) Facilities Services will make appropriate referrals as It deems necessary or appropriate for work outside the scope of baseline maintenance services k) Facilities Services will coordinate with Risk Management, Environmental Health, Sheriff's Office, local fire departments, and/or other regulatory and health and safety agencies as it deems necessary for issues related to building safety and inspection. B. Contractor is to: 1. Designate a Maintenance Coordinator(s) to be the primary point of contact for Facilities Services Issues. 2. Provide accurate and full details of services requested 3. Report mechanical malfunctions or other needed repairs to Facilities Services promptly and complete necessary services request form(s). 4. Encourage all employees to be energy conscious. environment as well as keeping your costs down. C. The parties acknowledge that County will be making an inventory and tagging all equipment and vehicles that are County owned or purchased using any Contract Funds. Contractor agrees to use best efforts to assist and cooperate with County in making its inventory of equipment and vehicles which are owned by County in whole or in part. As part of this effort to assist the County in making its inventory, Contractor shall maintain and provide to County, within thirty days of signing this Agreement, a current inventory of all equipment previously paid for with non-Contract Funds owned by Contractor or paid for in part with non- Contract Funds, used at the shelter and having a current fair market value of $1,000 or more. D. In event of termination or expiration of this Agreement, the County shall have the option to purchase any equipment or vehicle that has been paid for in part out of non-County Funds by paying to Contractor the depreciated value of Contractor's share of the equipment. In the event County opts not to purchase this equipment or vehicle, Contractor shall pay to County the depreciated value of its share of the equipment or vehicle.

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17 Section VII. Service Level Costs A. Invoicing/payment of Facilities Maintenance Work 1. As it relates to repairs/service which fall under the Contractor's responsibilities, Contractor will manage this work within the Contract Funds provided for under the Animal Control Services Agreement and provide open book accounting for all work contracted to outside vendors and provide copies of invoices and a quarterly report of all expenditures 'As it relates to repairs/service which fall under Facilities Services responsibilities, Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days from date of mailing. If invoice is not timely paid, County will deduct the past due amount from Contractor's next monthly payment. 2. As it relates to repairs/service which fall under Facilities Services responsibilities but for which Facilities Services cannot respond in a timely manner and which are, as a result, managed by Contractor under the conditions provided herein, Contractor will pay the invoice using Contract Funds that it receives pursuant to the Animal Control Services Agreement, and promptly send a copy of such invoice to the County Animal Control Program Manager, Care of County Health, Public Health, Policy and Planning Division. B. Additional services; 1. Costs associated with additional services as outlined in Section IV are based on the actual costs of each service as performed and are charged to the Contractor by invoice from Facilities Services. Each service will have a cost per unit time or occurrence. (i) For work performed by Facilities Services staff, labor rates are hourly based on classification and include overhead. Materials and supplies are billed at their actual cost. (ii) For work that must be contracted out, Facilities Services will request estimates from qualified and reputable companies and award the job to the low bidder. Contractor will be billed for the actual cost of the work. Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days. If invoice is not timely paid, County will payment.

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18 Section VIII. Billing Procedures and Tracking Information A. Tracking Information 1. Because a large percentage of work performed by Facilities Services is associated with building systems and structures, baseline services are tracked by building rather than by individual department. Facilities Services staff will record labor and material costs for each activity performed in a building, and these costs are then reflected in the report sent quarterly to the Contractor and the Animal Control Manager, San Mateo County Health. Contractor will be charged for services rendered on an ongoing basis and not based on a predetermined amount. 2. The cost for additional services is tracked by work authorization. Prior to receiving a service, the Contractor will set aside a dollar amount equal to the estimated cost for that service. As services are rendered and costs are incurred, the invoices will be sent to County Health System Animal Control Manager and then to the Contractor. The cost will be taken out of animal control Contract Funds by the Contractor, who will pay the invoice within 30 calendar days or the County will deduct the overdue amount from Contractor's next payment. 3. If there ls a dispute raised by Contractor, within three business days of receipt of the Invoice, regarding the accuracy of charges in an invoice, the parties shall use best efforts to resolve the dispute expeditiously. If while using best efforts, the parties have not resolved the dispute within 30 calendar days, Contractor shall not be in breach if the parties agree that they are working in good faith to resolve the dispute. B. Building Manuals, Drawings, Training In preparation for this, Contractor is to receive copies of all warranties, as-builts, operating and maintenance materials, and is to participate in all trainings provided by the Shelter's general contractor to DPW for the systems that Contractor will be maintaining. The intent is to have Contractor be informed as much as possible to more efficiently assist DPW in its role as well as manage its own responsibilities.

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19 THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR AUTHORIZED DESIGNEE. For Peninsula Humane Society & SPCA: _____________________________ Contractor Signature _______________ Date Anthony Tansimore President For County: ______________________________ Purchasing Agent Signature (Department Head or Authorized Designee) County of San Mateo ______________ Date Cassius Lockett, PhD. Director of Public Health, Policy and Planning County of San Mateo ______________________________ Purchasing Agent Signature (Department Head or Authorized Designee) County of San Mateo ______________ Date Gary Behrens Facilities Services Manager County of San Mateo

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2 Attachment LPeninsula Humane Society HolidaysNew Year’s DayMartin Luther King Jr. DayPresident’s DayEasterMemorial DayJuly 4thLabor DayVeteran’s DayThanksgiving DayChristmas Day

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3 Attachment MCounty-Owned Radio Equipment4 - Motorola APX 7000 Handheld Radios17 - Motorola APX 4000 Handheld Radios1 - Motorola MCD 5000 Deskset1 - Motorola APX 7500 Radio installed in vehicle13 - Motorola APX 6500 Radios installed in vehicles1 - Antenna mounted on roof of County Shelter

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Template Version November 16, 2016 Page 1
Agreement No. __________________________AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND PETDATA, INC.This Agreement is entered into this Fourth day of June, 2019, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and PETDATA, INC., hereinafter called “Contractor.”* * *Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;andWhereas, it is necessary and desirable that Contractor be retained for the purpose of San Mateo County Health- Public Health, Policy & Planning.Now, therefore, it is agreed by the parties to this Agreement as follows:1. Exhibits and AttachmentsThe following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:Exhibit A—ServicesExhibit B—Payments and RatesAttachment I—§ 504 ComplianceServices to be performed by ContractorIn consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.2. PaymentsIn consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed SIX HUNDRED-THIRTEEN THOUSAND NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.3. TermSubject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2019, through June 30, 2022.4. TerminationThis Agreement may be terminated by Contractor or by the Director of Public Health, Policy and Planningor his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance

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Template Version November 16, 2016 Page 2 written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement.County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon the unavailability of Federal, State, or County funds by providing written notice to Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding.County may terminate this Agreement for cause. In order to terminate for cause, County must first give Contractor notice of the alleged breach. Contractor shall have five business days after receipt of such notice to respond and a total of ten calendar days after receipt of such notice to cure the alleged breach. If Contractor fails to cure the breach within this period, County may immediately terminate this Agreement without further action. The option available in this paragraph is separate from the ability to terminate without cause with appropriate notice described above. In the event that County provides notice of an alleged breach pursuant to this section, County may, in extreme circumstances, immediately suspend performance of services and payment under this Agreement pending the resolution of the process described in this paragraph. County has sole discretion to determine what constitutes an extreme circumstance for purposes of this paragraph, and County shall use reasonable judgment in making thatdetermination.5. Contract MaterialsAt the end of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to as “contract materials”) prepared by Contractor under this Agreement shall become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law. 6. Relationship of PartiesContractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.7.Hold Harmlessa. General Hold HarmlessContractor shall indemnify and save harmless County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following: (A) injuries to or death of any person, including Contractor or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging;

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Template Version November 16, 2016 Page 3 (C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County and/or its officers, agents, employees, or servants. However, Contractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.8. Assignability and SubcontractingContractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice.9. Insurancea. General RequirementsContractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by County’s Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of any pending change in the limits of liability or of any cancellation or modification of the policy.b. Workers’ Compensation and Employer’s Liability InsuranceContractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.c. Liability InsuranceContractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.

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Template Version November 16, 2016 Page 4 Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:(a) Comprehensive General Liability… $1,000,000County and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.10. Compliance With LawsAll services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement. Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.11. Non-Discrimination and Other Requirementsa. General Non-discriminationNo person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.b. Equal Employment Opportunity

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Template Version November 16, 2016 Page 5 Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County upon request.c. Section 504 of the Rehabilitation Act of 1973Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.d. Compliance with County’s Equal Benefits OrdinanceContractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic partner of the Contractor’s employee is of the same or opposite sex as the employee.e. Discrimination Against Individuals with DisabilitiesThe nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R.60–741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disabilityand requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.f. History of DiscriminationContractor certifies that no finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and subjects the Agreement to immediate termination at the sole option of the County.g. Reporting; Violation of Non-discrimination ProvisionsContractor shall report to the County Manager the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Agreement or the Section titled “Compliance with Laws”. Such duty shall include reporting of the filing of any and all charges with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination).

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Template Version November 16, 2016 Page 6 Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to the following:i. termination of this Agreement;ii. disqualification of the Contractor from being considered for or being awarded a County contract for a period of up to 3 years;iii. liquidated damages of $2,500 per violation; and/oriv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager.To effectuate the provisions of this Section, the County Manager shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and County.h. Compliance with Living Wage OrdinanceAs required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors as required under the Ordinance.12. Compliance with County Employee Jury Service OrdinanceContractor shall comply with Chapter 2.85 of the County’s Ordinance Code, which states that Contractor shall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with Contractor or that the Contractor may deduct from an employee’s regular pay the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County: “For purposes of San Mateo County’s jury service ordinance, Contractor certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy that complies with Chapter 2.85 of the County’s Ordinance Code.” The requirements of Chapter 2.85 do not apply if this Agreement’s total value listed in the Section titled “Payments”, is less than one-hundred thousand dollars ($100,000), but Contractor acknowledges that Chapter 2.85’s requirements will apply if this Agreement is amended such that its total value meets or exceeds that threshold amount.13. Retention of Records; Right to Monitor and Audit(a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of California.

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Template Version November 16, 2016 Page 7 (b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicableFederal, State, and local agencies and as required by County.(c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department having monitoring or review authority, to County’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.14. Merger Clause; AmendmentsThis Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed bythe parties.15. Controlling Law; VenueThe validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.16. NoticesAny notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.In the case of County, to:Name/Title: Cassius Lockett, Director of Public Health, Policy and PlanningAddress: 225-37thAvenue, Room 178 San Mateo, CA 94403Telephone: 650.573.2532Facsimile: 650.573.2788Email:[email protected]

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Template Version November 16, 2016 Page 8 In the case of Contractor, to:Name/Title: President, PetData, Inc.Address: 8585 N Stemmons Fwy, Suite 1100-N Dallas, TX 75247Telephone: 214.821.3100 x515Facsimile: 214.821.3106Email:[email protected]. Electronic SignatureBoth County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.18. Payment of Permits/LicensesContractor bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Contractor’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.* * *

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Template Version November 16, 2016Page 9

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Template Version November 16, 2016 Page 10 Exhibit AIn consideration of the payments set forth in Exhibit B and with a focus on increasing licensing and vaccination compliance throughout the County of San Mateo, Contractor shall provide the following services:A. Management of the daily operations for animal licensing including:1. Data Entry & Processinga. Process correspondence from pet owners including, but not limited to, issuing tags.b. Work in partnership with the County on an approved template to provide timely billing and renewal notices to pet owners, with at least one billing to both new and renewals to be printed on an 8.5x11 sheet of paper with a return envelope enclosed. In addition, at least one of the notices will provide pet owner with thedate in which the late fee became due.c. Provide data entry of both new and renewal licenses and vaccination information.d. Implement procedures for verification of information submitted.e. Ensure complete, unduplicated, and accurate information.f. Process, collect, and provide receipts for animal licensing fees.g. Provide licensing and vaccination data for a weekly transfer of data from the Contractor’s database into County’s proprietary database.h. Provide customer service including communication with citizens, veterinarians, and designated County staff.2. Veterinarians & Other Authorized Registrarsa. Process license sales and vaccination reports from other sources (i.e. the local animal shelter, veterinary clinics, pet stores, etc.)b. Assist County staff to ensure reasonable quantities of on-site of basic supplies (reporting forms, citizen mailing envelopes, etc.) necessary to sell license tags and/or report information on citizens vaccinating their animals against rabies.3. Animal License Tagsa. Process and mail county-provided license tags within a maximum of 10 business days, with a turnaround goal of 5 business days, after receipt of payment and completed information as required by the local ordinance.b. Issue county-provided replacement tags to pet owners whose license tags have been lost, stolen, or damaged.4. Electronic Payments & Bankinga. Provide the ability for pet owners to pay through the Contractor’s Merchant Service Provider. b. Provide on-line customer service via the Contractor’s website to allow pet owners to make license payments or donations.c. Deposit all receipts collected for licensing into a bank account set up solely for the purpose of managing County animal licensing funds.i. Make daily deposits and transmit verification of said deposits to designated County staff by the tenth of the following month.ii. Collect and report electronic and charge card payments and transmit verification of said deposits to designated County staff by the tenth of the following month.iii. Send all funds collected and deposited on behalf of the County via a monthly wire transfer by the tenth of the following month.

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Template Version November 16, 2016 Page 11 d. Accept license fees from licensees via the following forms of payment at a minimum: check, money order, debit or ATM Card, or credit cards.i. Charges to Licensee for on-line payments: Cost Recovery Processing Fees in the amount of $2.00 per on-line transaction to be charged to licensee*. Note: Contractor shall use their own designated Merchant Service Provider to conduct all credit card transactions and shall retain the Cost Recovery Processing Fees collected.* More than one pet can be licensed per on-line transaction and pet owner will be charged a single fee for the on-line transaction.5. Communication & Accessa. Provide timely responses to and communication with citizens, County designees, and Animal Control and Licensing Program representatives including Animal Control Officers.b. Provide a customized San Mateo County toll-free number and answering service.c. Provide 24/7 access to Contractor’s database by County, Emergency Dispatch, and any other authorized Division personnel, including login.d. Communicate to pet owners on the status of their pet’s license status including annual billing.6. Reportinga. Provide monthly report of animals licensed to the County.b. Provide statistical reports as requested by the County.c. Provide monthly report of all veterinarians who are delinquent in submitting their monthly vaccination without license (VWL) reports.d. Provide monthly lists of delinquent licenses upon requested by County.e. Provide customized reports as requested by County.f. Provide public record information as requested by County.7. Additional Servicesa. Work in partnership with County staff:i. To ensure all licensing information, both complete and incomplete records, are imported into Contractor’s database on a weekly basis.ii. To develop a process that will allow/entice veterinarians to sell licenses at their County location.B. Contractor agrees that the animal licensing information belongs to the County and will never sell, transfer, or release personal data to a third party.C. With the exception of the license tags and/or customized inserts, Contractor agrees to cover the cost of all animal licensing supplies needed for daily operation.D. Contractor agrees to comply with California state and local laws governing animal licensing.E. Contractor will back up all databases twice during the working day.F. During regular business hours, Contractor will assist with countywide efforts to reunite pets with their owners during a natural disaster.County agrees to provide the following to Contractor:A. Access to County’s animal control database to allow import of data into Contractor’s database.

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Template Version November 16, 2016 Page 12 B. Licensing tags and customized inserts to Contractor’s on-site location for disbursement.C. Any licensing fees collected by County: such fees will be retained by County, and a record of fees collected along with any supporting documents will be forwarded to the Contractor for processing no later than the 5th calendar day of the following month.D. Any licensing fees collected by Contractors of the County: such fees and any supporting documents will be forwarded to the Contractor for processing with the exception of cash. Cash will be deposited into County’s bank account directly by County staff.

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Template Version November 16, 2016 Page 13 Exhibit BIn consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms:A. Fixed Fees:One-year license: $4.28 per licenseMulti-year license: $4.28 for the first year and $2.00 for each additional yearLate fees collected: $2.50 collection service fee for each licenseReplacement tags: $4.28 per tagService animals (e.g. seeing-eye dogs, hearing dogs, etc.): No fee for any license or tag issuedFixed fees shall be payable to Contractor for all licenses processed during the term of this Agreement, regardless of whether they are processed by Contractor, County personnel, or a County contractor.Fixed fees shall not be charged until the license is issued. Data entry of rabies vaccination certificates and incomplete licenses, which may or may not result in a license, are included at no extra charge.An agreed upon method to follow-up with pet owners who did not respond to a prior notice is included at no additional charge.B. In any event, the maximum amount the County shall be obligated to pay for services rendered under this Agreement shall not exceed SIX HUNDRED-THIRTEEN THOUSAND NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945.00) (Included are bank fees)for the Agreement term.C. Payment by County to Contractor shall be monthly and made be made electronically by the County should the required paperwork be completely by Contractor. Contractor shall bill County on or before the tenth (10th) working day of each month for the prior month. The invoice shall include a summary of services and charges for the month of service. In addition, Contractor shall provide back-up to the invoice. Such back-up shall be in the form of a monthly report of the animals licensed. Contractor will provide available bank statements within five business days if requested by County.D. Additional Service FeesContractor shall invoice County for any bank deposit and supply fees outside the scope of this Agreement.County will reimburse Contractor for bank fees upon verification of such, including:1. Actual bank fees charged to Contractor as a result of Contractor maintaining the bank account for the purpose of providing services outlined in this contract. This amount, in and of itself, is included in the total contract amount and will not exceed SEVEN THOUSAND AND FIFTY DOLLARS ($7,050.00) (included in the contracted costs) without prior authorization from designated County staff.2. Non-sufficient fee charge charged to Contractor. Contractor will make every attempt to collect bank fees from pet owners and will reimburse County upon collection of said fee.

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Template Version November 16, 2016 Page 14 Contractor shall invoice County on a monthly basis for the actual cost of the bank account maintained for the purpose of this contract.E. At the discretion of the Director of Public Health, Policy & Planning or designee, an annual conference call may be scheduled between the Contractor and County. Contractor’s time and/or related expenses are not billable.F. At the discretion of the Director of Public Health, Policy & Planning or designee, a meeting at the County’s location may be scheduled between the Contractor and County once during the term of this contract. Contractor’s travel time to and from the County and/or related expenses are not billable.G. If County or Contractor finds that performance is inadequate, at the County’s discretion, a meeting may be called to discuss the causes for the performance problem, and this Agreement may be renegotiated, allowed to continue to end of term, or terminated pursuant to Paragraph 4 of this Agreement. Any unspent monies due to performance failure may reduce the following year’s agreement, if any.H. In the event this Agreement is terminated prior to June 30, 2022, Contractor shall be paid for services already provided pursuant to this Agreement.I. In the event this Agreement is extended or renewed after June 30, 2022 and the County does not issue a Request for Proposal, Contractor agrees to continue the fixed fees as shown below:One-year license: $4.28 per licenseMulti-year license: $4.28 for the first year and $2.00 for each additional yearLate fees collected: $2.50 collection service fee for each licenseReplacement tags: $4.28 per tagService animals (e.g. seeing-eye dogs, hearing dogs, etc.): No fee for any license or tag issued

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Michael P. CallagyCounty Manager/Clerk of the BoardCounty Government Center400 County Center, 1st FloorRedwood City, CA 94063650-363-4121 T650-363-1916 Fwww.smcgov.org July 7, 2020Robert Barron, Finance Director91 Ashfield RoadAtherton, CA 94027Re: Notice of Construction Costs for the Animal Care Shelter FacilityDear Robert, On or about September 9, 2014, the municipalities within San Mateo County entered into an agreement (“the Agreement”) to share the construction costs of a new animal care shelter facility. The agreement provides that the County of San Mateo will advance the funds for construction to be repaid by the municipalities according to their share, through a 30-year, interest-free lease agreement. On March 6, 2020, construction of the new animal shelter building was completed, and certificate of occupancy was issued. The old shelter building was demolished shortly thereafter, and final project completion (with exception of photovoltaic installment) is slated for approximately July 30, 2020. Final project costs are reasonably determinable and anticipated to be approximately $28,300,000. The municipalities’ final shared responsibility is anticipated to be $25,700,000 or $856,758 annually. The County will not seek reimbursement for $2,600,000 in project costs comprised of an upgraded heating ventilation air conditioning ($600,000), a photovoltaic system ($1,200,000), miscellaneous site improvements related to landscaping, fencing, and parking ($530,000), and relocation of a City of Burlingame water line ($270,000). The final column of Attachment B to this letter sets forth each municipalities’ final annual lease amount, as calculated in the manner proscribed by the Agreement. Final costs exceed the June 2018 estimate by approximately 3%. This marginal increase is a result of escalated regional construction costs and unforeseen circumstances encountered during construction, including requirements for ongoing air-quality monitoring, soil remediation and treatment, fire safety system modifications, PG&E delays, and necessary and reasonable end-user logistical design modifications. The County of San Mateo has worked diligently and successfully to minimize these additional costs while delivering a high-quality facility that will stand the test of time.

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Though we had to cancel the ribbon-cutting for the facility due to the pandemic, we look forward to holding, at the appropriate time, a reception to celebrate our successful regional collaboration. In lieu of an in-person tour, we’ve enclosed photographs of the exterior of the new facility and site. Pursuant to paragraph 3 of the Agreement, annual payments to County to reimburse for costs of construction shall become due on the initial July 1st after a certificate of occupancy is issued for the new shelter, and each subsequent July 1st for the next 29 years thereafter. Please find enclosed the invoice and payment instructions for the initial lease payment for your municipality. Should you have any project questions, please contact Director Adam Ely of the Project Development Unit at 650.722.8112. Should you have any payment questions, please contact Robert Manchia at 650.363.4597.Sincerely,Mike CallagySan Mateo County, County ManagerEnclosures: Resolution 073369, Final Attachment B, Invoice July 2020

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ESTIMATE - FY 2026-27 ANIMAL CONTROL COSTS
26-27 Year Control rev
less control & licensing
exp less licensing rev
CY 2025 licensing
revenue
TOTAL OF AC&L Rev
less exp
$6,617,109 $1,101,147 $7,718,256
CITY Service Level Service Level Service Level Animals Service Level Estimated Estimated CY 2025 Licensing Revenue Adjusted Percentage Percentage Services Received Percentage 2026-2027 2026-27 Percent Percent Distribution 2026-2027 City Cost
CY 2023 Actual CY 2024 Actual CY2025 CY2025 CY 2025 Actual Before subtracting license
revenue % of total revenue
Licensing Revenue
Collected
Atherton 1.05% 0.94% 1.35% 0.71% 0.97% 0.99% $76,167 1.18% 13,044$ $63,123 Belmont 3.04% 2.79% 3.73% 2.60% 3.07% 2.96% $228,613 4.43% 48,834$ $179,779 Brisbane 0.58% 0.73% 0.94% 0.66% 0.77% 0.69% $53,623 0.64% 6,993$ $46,630 Burlingame 3.95% 3.96% 3.96% 3.81% 3.87% 3.92% $302,910 4.93% 54,310$ $248,600 Colma 0.38% 0.34% 0.72% 0.38% 0.52% 0.41% $31,915 0.17% 1,915$ $30,000 Daly City 9.68% 9.66% 8.59% 10.92% 9.97% 9.77% $753,974 7.44% 81,913$ $672,061 East Palo Alto 9.68% 8.16% 6.55% 11.34% 9.38% 9.07% $700,262 0.96% 10,579$ $689,683 Foster City 2.74% 2.85% 3.72% 2.48% 2.99% 2.86% $220,807 3.86% 42,528$ $178,279 Half Moon Bay 1.96% 1.78% 2.23% 1.04% 1.53% 1.76% $135,513 2.85% 31,336$ $104,177 Hillsborough 1.05% 1.21% 1.61% 0.66% 1.05% 1.10% $85,240 2.45% 26,975$ $58,265 Menlo Park 5.11% 5.50% 5.11% 5.55% 5.37% 5.33% $411,227 3.74% 41,223$ $370,004 Millbrae 2.05% 2.07% 1.73% 2.69% 2.30% 2.14% $165,058 2.80% 30,816$ $134,242 Pacifica 4.16% 4.43% 5.30% 3.59% 4.29% 4.30% $331,607 8.39% 92,424$ $239,183 Portola Valley 0.49% 0.57% 0.97% 0.14% 0.48% 0.51% $39,525 1.48% 16,292$ $23,233 Redwood City 12.19% 11.83% 11.77% 12.31% 12.09% 12.04% $929,037 11.93% 131,347$ $797,690 San Bruno 5.28% 5.60% 4.43% 5.96% 5.33% 5.41% $417,198 5.77% 63,518$ $353,681 San Carlos 2.80% 2.94% 3.61% 2.72% 3.08% 2.94% $226,922 5.52% 60,821$ $166,101 San Mateo 15.03% 15.19% 12.64% 15.86% 14.54% 14.92% $1,151,582 15.27% 168,156$ $983,426 S. San Francisco 8.62% 8.41% 7.86% 9.22% 8.66% 8.56% $660,900 7.45% 82,084$ $578,816 Woodside 1.02% 1.10% 1.34% 0.45% 0.81% 0.98% $75,527 1.40% 15,434$ $60,093 County 9.14% 9.96% 11.83% 6.90% 8.92% 9.34% $720,649 7.32% 80,605$ $640,044 Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% $7,718,256 100.00% $1,101,147 $6,617,109 ESTIMATE - FY 2026-27 Animal Control Costs -
calculating Field @ 41% & Shelter @ 59% over 3 years and using past calendar year license revenue per city as of 4/16/2026

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DATE: June 1, 2026

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

FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
Frank Fanara, Parks Maintenance Manager
DEPARTMENT: Parks and Recreation
SUBJECT: APPROVE STREET CLOSURES FOR FOSTER CITY FOURTH OF JULY CELEBRATION 2026

RECOMMENDATION
It is recommended that City Council adopt the attached resolution which would temporarily close portions of Shell Boulevard, Balclutha Drive, and Civic Center Drive to vehicular traffic on Saturday, July 4, 2026, for the Annual Fourth of July Celebration.

While this year’s event will be limited to daytime activities only—due to the ongoing construction of the new Community Center—these temporary closures are still necessary to safely accommodate the larger number of attendees expected to participate in the festivities.

EXECUTIVE SUMMARY
The Fourth of July Celebration is one of the largest City sponsored special events coordinated through the Parks and Recreation Department. The City has organized a Fourth of July Celebration since 1978 and began incorporating fireworks into the Celebration in 1982. The Fourth of July Celebration is a highly recognized special event by Foster City residents and has grown to include visitors from neighboring Peninsula communities as well. The following partial street closures for the annual Fourth of July Celebration will provide for the safety and security of the event. Due to the construction occurring at Leo Ryan Park for the new Community Center, there will be a slight

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change in the planned street closures than in previous years. The closure of East Hillsdale Boulevard, which is typically scheduled from 5:00 PM to 11:00 PM as part of the event, will not take place this year. All other street closure times will be shortened, as the event will only include daytime activities. Streets will reopen earlier in the evening due to the absence of the fireworks show.
Shell Boulevard from 6:00 AM to 8:00 PM
Civic Center Drive from 6:00 AM to 8:00 PM
Balclutha Drive between the round-about and Shell Boulevard, and the exit onto Shell Boulevard from the South Service Road of the PJCC campus from 6:00 AM to 8:00 PM

BACKGROUND/ANALYSIS
The Fourth of July Celebration is one of the largest City sponsored special events coordinated through the Parks and Recreation Department. The City has hosted Fourth of July Celebration since 1978 and began incorporating fireworks into the Celebration in 1982. The Fourth of July Celebration is a highly recognized special event by Foster City residents and has grown to include visitors from neighboring Peninsula communities as well.

Per Section 21101(e) of Division 11 of the California Vehicle Code, a city, by resolution, is allowed to close portions of public roadways to vehicular traffic to provide for the health and safety of its citizens. The Fourth of July Celebration brings a larger influx of people and vehicles into Foster City. Our traffic plan will be adjusted from previous years due to the shortened day, calls for the closure of:
Shell Boulevard from E. Hillsdale Boulevard to Bounty Drive from 6:00 AM to 8:00 PM to protect pedestrians using the park.
The exit onto Shell Boulevard from Civic Center Drive and the PJCC South Service Road from 6:00 AM to 8:00 PM
Balclutha Drive west of the turnaround circle located in front of the PJCC from 6:00 AM to 8:00 PM to ensure vehicles do not proceed westbound on the "one- way" portion of this street into the dead end that will result from the closure of Shell Boulevard
Approval of the attached resolution would allow the Parks and Recreation Department to close portions of Shell Boulevard, Balclutha Drive, and Civic Center Drive on Saturday, July 4, 2026, for the Annual Fourth of July Celebration. These closures are necessary to handle the large crowds expected for this event.

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CALIFORNIA ENVRIONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
Preparing for the street closure involves staff support from the Parks Division; however, these tasks are incorporated into the maintenance team’s regular daily responsibilities in the days leading up to the event. With this year’s shortened schedule, the overall staff time required will be reduced.

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

Attachment 1 - Resolution

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4 6
8 6
RESOLUTION NO. __________

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

AUTHORIZING THE TEMPORARY CLOSURE OF VEHICULAR TRAFFIC FLOW ON SHELL BOULEVARD FROM E. HILLSDALE BOULEVARD TO BOUNTY DRIVE; THE

CLOSURE OF VEHICULAR TRAFFIC FLOW ON BALCLUTHA DRIVE WEST OF THE

TURNAROUND LOCATED IN FRONT OF THE PJCC CAMPUS AND SHELL BOULEVARD; THE SHELL BOULEVARD EXIT FROM THE SOUTH SERVICE ROAD OF THE PJCC CAMPUS; AND THE SHELL BOULEVARD EXIT FROM CIVIC CENTER DRIVE FOR THE FOURTH OF JULY CELEBRATION ON JULY 4, 2026.

CITY OF FOSTER CITY
WHEREAS, the City of Foster City intends to assist in the daytime celebration of the Fourth of July and a large part of that celebration will occur at Leo Ryan Park and will result in a large gathering of people for the celebration; and WHEREAS, Section 21101(e) of Division 11 of the California Vehicle Code allows local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution prohibiting entry to or exit from, or both, from any street by means of, curbs, traffic barriers, or other roadway design features to implement the circulation element of a general plan consistent with the responsibility of local government to provide for the health and safety of its citizens; and WHEREAS, the street closures include: Shell Boulevard from E. Hillsdale Boulevard to Bounty Drive; Balclutha Drive between the round-about on the PJCC Campus and Shell Boulevard; the Shell Boulevard. exit from the South Service Road of the PJCC Campus; and the Shell Boulevard exit from Civic Center Drive; and WHEREAS, members of the Foster City Police Department have reviewed the proposal for the event and recommend the closure of three streets to ensure the safety of those attending the event.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City authorizes the closure of vehicular traffic flow on Shell Boulevard from E. Hillsdale Boulevard to Bounty Drive between the hours of 6:00 A.M. and 8:00 P.M.; the closure of vehicular traffic flow on Balclutha Drive west of the turnaround located in front of the PJCC campus and Shell Boulevard between the hours of 6:00 A.M. and 8:00 P.M.; the Shell Boulevard exit from the South Service Road of the PJCC campus between the hours of 6:00 A.M. and 8:00 P.M.; and the Shell Boulevard Exit from Civic Center Drive between the hours of 6:00 A.M. and 8:00 P.M. on Saturday, July 4, 2026 for the purpose of celebrating the Fourth of July; and
BE IT FURTHER RESOLVED that the City Council authorizes the temporary placement of signs and traffic cones as approved by the Chief of Police; and

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BE IT FURTHER RESOLVED that the Chief of Police or his duly appointed officers, as defined by the Penal Code be in charge of traffic control.

PASSED AND ADOPTED as the resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of June 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________

ART KIESEL, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1- Resolution

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DATE: June 1, 2026

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

FROM: Andrew Brozyna, Public Works Director
DEPARTMENT: Public Works
SUBJECT: ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026- 2027 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017

RECOMMENDATION
It is recommended that the City Council approve the attached resolution adopting the Street Rehabilitation (2026-2027) and the Bicycle and Pedestrian Improvements (2026- 2027) projects to receive funding from Senate Bill 1: The Road Repair and Accountability Act of 2017 (SB 1).

EXECUTIVE SUMMARY
Senate Bill 1 (SB 1) helps agencies with supplemental funding to address basic road maintenance, rehabilitation, and critical safety needs of the local street system. The FY 2026-2027 SB 1 funds may be used toward new projects and projects earmarked to receive SB 1 funding in previous years. To satisfy the requirements for receiving SB 1 funding, it is necessary to pass a resolution adopting the projects which will utilize this funding. It is recommended that the City Council adopt a resolution adopting two new CIP projects: Street Rehabilitation (2026-2027) and the Bicycle and Pedestrian Improvements (2026-2027).

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BACKGROUND/ANALYSIS
SB 1 was filed with the Secretary of State on April 28, 2017. This bill established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund to be used to address deferred maintenance on the state highway system and the local street systems. Annual SB 1 funding amounts are determined by its sources:
increases per gallon in fuel excise taxes, increases in diesel fuel sales taxes and registration fees, and inflationary tax rate adjustments in future years.

SB 1 provides a supplemental funding source to be used to support various road maintenance projects, including street rehabilitation, bridge improvements projects, and traffic signal upgrade projects. The City’s streets and roads network was last rated with a Pavement Condition Index (PCI) of 78, “Good” condition in 2024 (PCI 70-79). SB1 revenue will provide the City with funding to maintain its roadways in “Good” condition, one of the highest-ranking levels in San Mateo County, with the goal over the next decade to bring our street and roads into a “Very Good” condition (PCI 80-89).

Foster City has received SB 1 funding in previous years based on fuel sales tax and vehicle registration fees revenues. Foster City’s FY 2026-2027 revenues are estimated to be $945,180. (Attachment 2 – Projected Revenues)
Staff recommends the inclusion of two new projects for utilization of SB 1 funding for FY 2026-2027:

Street Rehabilitation (2026-2027)
This project is intended to repair/resurface public streets with a focus on arterials and State Route 92 access points and is expected to include Foster City Blvd. from E. 3 rd Ave. to E. Hillsdale Blvd., Chess Dr. from the western City limit to Foster City Blvd, Edgewater Blvd. from the northern City limit to E. Hillsdale Blvd., and Metro Center Blvd.

The rehabilitation work may involve pavement grinding, base repair, asphalt overlay, slurry seal, thermoplastic pavement striping and pavement markings, signage improvements, accessibility upgrades to ramps, curb and gutter repair, sidewalk repair and adjusting utility covers to grade. The City uses a Pavement Management System to select the streets to include in subsequent roadway repair projects to ensure funding is being used on the most high-priority projects. The program also helps to determine the most cost-effective treatment to extend the life of the roadways.

Bicycle and Pedestrian Improvements (2026-2027)
This project builds on the various projects identified in the Foster City Bicycle and Pedestrian Master Plan (“Plan”) and will advance the construction of one of the Plan’s priority projects. Following the Plan adoption in Summer 2026, field inspections and traffic studies will be performed that will inform the development of project plans and specifications. This project aims to enhance bicycle and pedestrian safety as well as

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provide connectivity to key Foster City destinations, such as schools, parks, the levee, and/or neighboring Cities.

Approving the attached resolution will satisfy SB 1 requirements, ensuring compliance with the following Streets and Highways Code:
2034.
(a) (1) Prior to receiving an apportionment of funds under the program pursuant to paragraph (2) of subdivision (h) of Section 2032 from the Controller in a fiscal year, an eligible city or county shall submit to the commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding shall be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting.

CEQA
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

FISCAL IMPACT
Adoption of the resolution allows the City to continue to receive SB 1 funding, estimated at $945,180 for FY 2026-2027, to supplement predetermined road maintenance and bicycle and pedestrian improvement projects.

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

Attachment 1 – Resolution
Attachment 2 – Local Streets and Roads – Projected Revenues

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RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING THE STREET REHABILITATION PROJECT (2026-2027) AND THE BICYCLE AND PEDESTRIAN IMPROVEMENTS PROJECT (2026-2027) FOR FISCAL YEAR 2026- 2027 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017; AND FINDING THE APPROVAL EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GUIDELINES SECTION 15061(B)(3) AND 15301(C) (CLASS 1-EXISTING FACILITIES)

CITY OF FOSTER CITY
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $945,180 in RMRA funding in Fiscal Year 2026-2027 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects and safety improvements, repairing and replacing aging infrastructure, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

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WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, bridges and add active transportation infrastructure throughout the City this year and into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads network is rated with a Pavement Condition Index of 78, “Good” condition, and this revenue will help us maintain or increase the overall quality of our road system, with the goal over the next decade to bring our streets and roads into a “Very Good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account revenues:

Project Title: Street Rehabilitation (2026-2027)
a. Project Description: This project is intended to repair/resurface public Streets, including pavement grinding, base repair, asphalt overlay, slurry seal, thermoplastic pavement striping and pavement markings, signage improvements, accessibility upgrades to ramps, curb and gutter repair, sidewalk repair and adjusting utility covers to grade
b. Project Location: Foster City Blvd from E 3 rd Ave to E Hillsdale Blvd, Chess Dr from the western City limit to Foster City Blvd, Edgewater Blvd from the northern City limit to E Hillsdale Blvd; and Metro Center Blvd. c. Estimated Project Schedule: July 2025– August 2026
d. Estimated Project Useful Life: 10 – 20 years

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Project Title: Bicycle and Pedestrian Improvements (2026-2027) a. Project Description: This project builds on the various projects identified in the Foster City Bicycle and Pedestrian Master Plan and will advance the construction of one of the plan’s priority projects. Following the plan adoption in Summer 2026, field inspections and traffic studies will be performed that will inform the development of project plans and specifications. This project aims to enhance bicycle and pedestrian safety as well as provide connectivity to key Foster City destinations, such as schools, parks, the levee and/or neighboring Cities.
b. Project Location: Citywide
c. Estimated Project Schedule: July 2026– June 2028
d. Estimated Project Useful Life: 10 – 20 years
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of June 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ART KIESEL, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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ATTACHMENT 2
Local Streets and Roads - Projected FY2026-27 Revenues
Based on State Dept of Finance statewide revenue projections Estimated January 2026 TOTAL Road Mntnc
Sec2103 (3) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct TOTALHighway Users Tax Acct (HUTA)(1) Streets & Highways Code

SAN MATEO COUNTY
ATHERTON 70,215 46,951 34,816 62,784 2,000 216,766 201,516 418,282 BELMONT 275,755 184,392 122,681 246,575 6,000 835,403 791,419 1,626,822 BRISBANE 47,426 31,713 25,074 42,407 1,000 147,619 136,112 283,731 BURLINGAME 308,467 206,266 136,665 275,825 6,000 933,223 885,303 1,818,526 COLMA 14,489 9,688 10,994 12,956 1,000 49,126 41,583 90,709 DA
LY CITY 1,024,925 685,349 442,940 916,468 10,000 3,079,682 2,941,544 6,021,225 EAST PALO ALTO 293,626 196,343 130,321 262,555 6,000 888,844 842,710 1,731,554 FOSTER CITY 329,330 220,217 145,584 294,480 6,000 995,611 945,180 1,940,790 HALF MOON BAY 114,883 76,820 53,911 102,726 3,000 351,341 329,716 681,056 HILLSBOROUGH 111,188 74,349 52,331 99,422 3,000 340,290 319,110 659,399 MENLO PARK 333,817 223,218 147,502 298,493 6,000 1,009,030 958,058 1,967,088 MILLBRAE 227,997 152,457 102,265 203,870 5,000 691,590 654,353 1,345,943 PACIFICA 378,105 252,832 166,434 338,094 6,000 1,141,464 1,085,164 2,226,628 PORTOLA VALLEY 43,378 29,006 23,344 38,788 1,000 135,516 124,496 260,011 REDWOOD CITY 815,885 545,567 353,579 729,548 7,500 2,452,079 2,341,596 4,793,675 SAN BRUNO 430,174 287,650 188,693 384,653 6,000 1,297,170 1,234,603 2,531,773 SAN CARLOS 300,509 200,945 133,263 268,709 6,000 909,426 862,463 1,771,889 SAN MATEO 1,033,538 691,108 446,622 924,169 10,000 3,105,438 2,966,263 6,071,701 SOUTH SAN FRANCISCO 647,769 433,151 281,712 579,222 7,500 1,949,353 1,859,102 3,808,455 WOODSIDE 51,884 34,694 26,980 46,393 2,000 161,950 148,907 310,857

SANTA BARBARA COUNTY
BUELLTON 50,290 33,628 21,982 44,968 2,000 152,868 144,333 297,201 CARPINTERIA 128,472 85,907 48,693 114,878 3,000 380,950 368,717 749,667 GOLETA 320,150 214,078 114,179 286,272 6,000 940,679 918,833 1,859,511 GUADALUPE 86,531 57,862 34,363 77,375 2,000 258,132 248,346 506,478 LOMPOC 435,492 291,206 153,586 389,409 6,000 1,275,693 1,249,867 2,525,560 SANTA BARBARA 854,541 571,416 296,754 764,113 7,500 2,494,324 2,452,540 4,946,864 SANTA MARIA 1,096,997 733,542 379,589 980,913 10,000 3,201,041 3,148,391 6,349,433 SOLVANG 56,840 38,008 24,220 50,826 2,000 171,893 163,132 335,026 15 January 2026 CaliforniaCityFinance.com Page 13 of 16

6.7 Attachment 2 - Local Streets and Roads -Projected Revenues

231

DATE: June 1, 2026

TO: Mayor and Members of the Foster City Council

VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Francine Magno, Senior Civil Engineer
Claire McWilliams, Assistant Engineer

DEPARTMENT: Public Works

SUBJECT: APPROPRIATION IN THE AMOUNT OF $9,420 FROM THE GENERAL PLAN MAINTENANCE FUND (FUND 128) TO
ACCOUNT 128-0838-419-42-51; CONTRACT AMENDMENT NO.

FOUR (4) IN THE AMOUNT OF $9,420 TO THE AGREEMENT

WITH FEHR AND PEERS FOR THE FOSTER CITY BICYCLE

AND PEDESTRIAN MASTER PLAN (BPMP)

RECOMMENDATION

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

1. A supplemental appropriation in the amount of $9,420 from the General Plan Maintenance Fund (Fund 128) to Account 128-0838-419-42-51 for the continued development of the Foster City Bicycle and Pedestrian Master Plan; and

2. The City Manager to execute Contract Amendment No. Four (CA #4) to the agreement with Fehr and Peers in the amount of $9,420 for professional services for the Foster City Bicycle and Pedestrian Master Plan; and

3. Finding that the project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000.

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EXECUTIVE SUMMARY

The City’s consultant, Fehr and Peers, has been developing the BPMP Project (“Project”), which is a comprehensive plan to improve the way people walk, bike, and roll throughout Foster City. During the City Council Work Session on May 4, 2026, the Council accepted the five (5) priority projects proposed by staff and provided direction to add two (2) additional priority projects. CA #4 will provide for two (2) additional project cut sheets, in addition to the five (5) included in the original scope. This includes time and materials to draft conceptual designs, estimate high-level planning costs, and incorporate this information into the Draft Plan, which will then be available for public review during Summer 2026.

The proposed fees, for the not-to-exceed amount of $9,420, have been determined reasonable. The project does not have enough budget to cover the costs to address this additional effort. A supplemental appropriation in the amount of $9,420 from Fund 128 to Account 128-0838-419-42-51 is requested to add the development of two (2) priority projects to the project scope at the City Council’s direction.

BACKGROUND

The Project is the City’s first unified effort to create a comprehensive plan to improve the way people walk, bike, and roll throughout Foster City.

On March 3, 2025, the
Council awarded a contract to Fehr and Peers in the amount of $130,000 to develop the BPMP and established a contingency in the amount of $20,000. The Project kicked off in April 2025 and has since completed Phase 1 - Existing Conditions and completed a majority of Phase 2 - Draft Projects and Programs. Previous amendments (CA #1, #2, and #3) to Fehr and Peers’ contract addressed expanded public engagement during Phase 2 and added additional touchpoints with the City Council on December 15, 2025, and May 4, 2026, and the Traffic Review Committee on April 30, 2026.

Fehr and Peers is beginning to move into Phase 3 - Draft and Final Plan, following completion of the priority projects task, in which they will perform a limited feasibility analysis and draft preliminary diagrams and estimates on up to five (5) projects.

ANALYSIS
During the May 4, 2026, City Council Work Session, the project team presented five (5) priority projects recommended for further conceptual development from the full project list of twenty-four (24) projects. The five (5) projects are listed below:

1. Beach Park Blvd (Foster City Blvd to Gull Ave)

2. Edgewater Blvd (City Limits to E Hillsdale Blvd)

3. Edgewater Blvd (E Hillsdale Blvd to Boothbay Ave)

4. Gull Ave (Beach Park Blvd to E Hillsdale Blvd)

5. Marlin Ave (Catamaran St to Beach Park Blvd)

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The City Council accepted staff’s recommendations and provided further direction to elevate two (2) additional projects:

1. Beach Park Blvd (Foster City Blvd to Shell Blvd)

2. Foster City Blvd (E Hillsdale Blvd to Beach Park Blvd)

Subsequently, staff requested a proposal from Fehr & Peers to include the two (2) additional projects as part of the project scope. City staff have reviewed the proposed cost and determined it to be reasonable and consistent with the level of effort required.

With the execution of CA #4, staff will authorize Fehr and Peers to begin work on the two (2) additional projects, which will include a limited feasibility analysis, preliminary technical development, high-level cost estimations, and conceptual designs on project cut sheets. These sheets will be included in the Draft Plan for public review and comment during Phase 3 of the project. Phase 3 includes a couple months of public outreach, review, and adoption hearings per CEQA requirements for plan adoption.

California Environmental Quality Act
This agenda item is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Re
sources 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 this resolution is $9,420. The available funding in the project contingency is fully expended, requiring a budget appropriation. The proposed resolution would appropriate an additional $9,420 to the Foster City Bicycle and Pedestrian Master Plan Project Account 128-0838-419-42-51 from the General Plan Maintenance Fund to account for the contingency shortage. The proposed CA #4 in the amount of $9,420 has been negotiated by staff and determined reasonable and consistent with the level of effort required. With the execution of CA #4, the revised contract amount is $180,033.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Infrastructure and Facilities; Innovation and Sustainability Public Safety and Social Equity
Smart Planning, Development, and the Local Economy

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ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Fehr & Peers Contract Amendment No. Four (4)

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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $9,420 FROM THE GENERAL PLAN MAINTENANCE FUND (FUND 128) TO ACCOUNT 128-0838-419-42- 51;THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. FOUR (4) TO THE AGREEMENT WITH FEHR AND PEERS IN THE AMOUNT OF $9,420 FOR THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN; AND FINDING THE

APPROVAL OF THE AMENDMENT EXEMPT FROM REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21000

CITY OF FOSTER CITY
WHEREAS, the development of the Foster City Bicycle and Pedestrian Master Plan (BPMP) aims to address bicycle and pedestrian safety needs throughout the City; and
WHEREAS, on March 17, 2025 the Foster City Council adopted Resolution No. 2025-14 awarding a professional services agreement to Fehr and Peers in an amount not-to-exceed $130,000 to develop the BPMP; and
WHEREAS, during the May 4, 2026, City Council Work Session, the Council accepted the five (5) proposed priority projects and directed staff to incorporate two (2) additional priority projects to the BPMP scope; and
WHEREAS, Contract Amendment No. Four (4) will provide for the time and materials required to perform a feasibility analysis, create conceptual designs, and incorporate the two (2) additional priority projects into the Draft Plan; and WHEREAS, the project does not have enough budget to cover the cost to address the additional effort; and
WHEREAS, this Project is exempt pursuant to Public Resources Code Section 21000.

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

2. The Mayor to execute Contract Amendment No. Four (4) to the agreement with Fehr and Peers in the amount of $9,420 for the Foster City Bicycle and Pedestrian Master Plan; and

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3. The approval of Contract Amendment No. Four (4) to the agreement with Fehr and Peers is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

ART KIESEL, MAYOR
ATTEST:
________________________________

PRISCILLA SCHAUS, CITY CLERK

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CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. FOUR (4)
DATE: June 1, 2026 ACCOUNT NO. 128-0838-419-42-51 PROJECT NAME: FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN (BPMP)
TO: FEHR AND PEERS
CHANGE REQUESTED BY: City of Foster City
Based on mutual agreement, Fehr and Peers and the City of Foster City agree to amend the Professional Services Agreement dated March 17, 2025 (“Agreement”) pursuant to Section 4 of the Agreement to amend the Scope of Work identified in Exhibit A to add services relating to the Foster City Bicycle and Pedestrian Master Plan and adjusting the compensation accordingly as described more fully below.

ORIGINAL CONTRACT AMOUNT $ 130,000
AMOUNT OF CONTRACT TO DATE $ 170,613
AMOUNT OF CONTRACT AMENDMENT NO. FOUR (4) $ 9,420
Additional work included in this Contract Amendment No. 4:

Task 6: Recommendations and Implementation Strategy

1. Two (2) additional project cut sheets, including feasibility analysis, high-level cost estimates, conceptual designs, and incorporation into the Draft Plan
$ 9,420
Subtotal $ 9,420
REVISED CONTRACT AMOUNT $ 180,033
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

Fehr & Peers have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above. [Signatures on Next Page]

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IN WITNESS WHEREOF, the City of Foster City and have executed this Amendment Number Four (4) to the Agreement, which shall be effective as of June 1, 2026, regardless of when it is executed.

SUBMITTED BY:

CLAIRE MCWILLIAMS DATE

PROJECT MANAGER
ACCEPTED BY: _____

ERIN FERGUSON, PRINCIPAL DATE

FEHR AND PEERS
APPROVAL RECOMMENDED:

ANDREW BROZYNA DATE

PUBLIC WORKS DIRECTOR
APPROVED FOR CITY:

STEFAN CHATWIN DATE

CITY MANAGER
ATTEST:

BY:

PRISCILLA SCHAUS, CITY CLERK

APPROVED AS TO FORM
BY:

BENJAMIN L STOCK DATE

CITY LEGAL COUNSEL

6.8 Attachment 2 - Fehr & Peers Contract Amendment No. Four (4)

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1 8
DATE: June 1, 2026

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager

FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: Administrative Services
SUBJECT: FOSTER CITY POLICE OFFICERS ASSOCIATION (FCPOA) MEMORANDUM OF UNDERSTANDING EFFECTIVE JULY 1,
2026 THROUGH JUNE 30, 2029

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (hereinafter referred to as “City Council”) adopt the attached resolutions (Attachments 1 and 2) approving the Memorandum of Understanding (MOU), effective July 1, 2026 to June 30, 2029, for the Foster City Police Officers Association (FCPOA).

EXECUTIVE SUMMARY
The current MOU for employees represented by FCPOA is set to expire on June 30, 2026. The City’s labor negotiation team and the FCPOA negotiation team met several times to discuss a successor agreement. Members of the FCPOA unit ratified a tentative agreement on May 27, 2026. The good faith efforts of the two bargaining teams have resulted in a three-year MOU that includes increases in compensation (wages, health benefit contributions, education incentive pay, specialty assignment pay, and longevity pay) and updated language changes.

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1 2
1 8

BACKGROUND/ANALYSIS
The current MOU with FCPOA is set to expire on June 30, 2026. Hiring and retaining police officers (sworn) and dispatchers (non-sworn) has been an ongoing challenge for many cities. The Foster City Police Department (FCPD) has been unable to reach full staffing levels for the past three years. This has reduced the total number of patrol teams by one entire patrol team, resulted in most administrative specialty assignments being vacated so officers can return to patrol duties, and required current police officers to fill in for shortages and work overtime, contributing to staff burnout. The City has also lost experienced officers to other cities.

Management’s goal during these negotiations was to establish a three-year agreement to help make Foster City competitive from a total compensation perspective. The City’s labor negotiation team and the FCPOA negotiation team met several times starting in February 2026 to discuss a new three-year contract. Members of the FCPOA bargaining unit ratified a tentative agreement on May 27, 2026. The tentatively agreed upon changes to the MOU are:

Term: Three years, effective July 1, 2026 to June 30, 2029 Wages:
Market Salary Adjustments: Effective July 1, 2026, the following classifications will receive a market salary adjustment to assist the City in recruiting and retaining:
oPolice Dispatcher 2.5%
oLead Police Dispatcher 2.5%
oPolice Dispatch Supervisor 5.0%
oPolice Officer 5.0%
oPolice Corporal 5.0%
oPolice Sergeant 5.0%
Effective July 1, 2026, add a 6 th step to the salary ranges for Police Officer, Corporals, and Sergeants
Effective July 1, 2026, an across-the-board increase for all bargaining unit classifications equal to a percentage movement of the San Francisco-Hayward- Oakland CPI-U April 2025 to April 2026, with a minimum of 3% and a maximum of 5%.
Effective July 1, 2027, an across-the-board increase for the classifications of Police Dispatcher, Police Lead Dispatcher, and Police Dispatcher Supervisor increase equal to a percentage movement of the San Francisco-Hayward- Oakland CPI-U April 2026 to April 2027, with a minimum of 4% and a maximum of 5%.
Effective July 1, 2027, the classifications of Police Officer, Police Corporal, and Police Sergeant shall receive a five percent (5%) across-the-board increase to base salary.

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Effective July 1, 2028, an across-the-board increase for the classifications of Police Dispatcher, Police Lead Dispatcher, and Police Dispatcher Supervisor increase equal to a percentage movement of the San Francisco-Hayward- Oakland CPI-U April 2027 to April 2028, with a minimum of 4% and a maximum of 5%.
Effective July 1, 2028, the classifications of Police Officer, Police Corporal, and Police Sergeant shall receive a five percent (5%) across-the-board increase to base salary.

Flexible Benefit Plan (Medical, Dental, Vision):

Effective January 1 of each year of the MOU, the Employer’s contribution toward the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser Basic Premium Region 1 rate.

No Plan Contribution: Effective July 1, 2026, the no plan contribution will be $600 for new enrollees and will be frozen at the current amount of $1544 for non- sworn and $1655 for sworn and shall remain at such amount for the duration of such election.

Effective January 1, 2027, the city/district will pay 100% of the employees’ dental and vision election which shall include the employee and any covered dependents.

Uniform Allowance:
Increase uniform allowance from $900 a fiscal year to $1,200 a year for sworn and from $400 to $600 a fiscal year for non-sworn
Education/POST Incentive Pay:

Effective July 1, 2026, education incentive pay for possession of a Bachelor’s degree or P.O.S.T Intermediate Certificate will increase from 3.5% to 5% of a sworn employee’s monthly basic salary. The Education Incentive Pay for possession of a Master’s Degree or P.O.S.T Advanced Certificate will increase from 7% to 10% of a sworn employee’s monthly basic salary.

Effective July 1, 2026, the certification pay for dispatchers shall be increased from $200 to 2% for possessing an Intermediate POST Dispatcher Certificate and from $300 to 5.5% for possessing an Advanced POST Dispatcher Certificate Special Assignment Pay:

Motorcycles - Increased $275 to 5% per month above their base pay.

Field Training Officer - Increased from $2.00 per hour to 5% of their base pay per hour.

Canine Handler - Increased $275 to 5% per month above their base pay.

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Dispatcher Special Training Assignment Pay - Increased from $2.00 per hour to 5% of their base pay per hour.

Night Shift Differential - Formerly only provided to dispatchers $1.10 per hour.

Officers and dispatchers who work night shift will receive 5% above their base rate of pay for all hours worked between 5:00 pm and 7:00 am.

Detective Assignment - Sworn personnel who are assigned to a detective assignment will receive 5% increase to their base monthly salary during such assignment.

Administrative Sergeant – A Police Sergeant who is assigned as the administrative sergeant will receive 5% increase to their base monthly salary during such assignment.

Special Weapons And Tactics (SWAT) – Sworn personnel assigned to SWAT will receive 3% increase to their base monthly salary during such assignment.

Crime Prevention - Sworn personnel assigned to crime prevention will receive 3% increase to their base monthly salary during such assignment.

Longevity Pay:

Effective July 1, 2026, sworn employees who have achieved the corresponding years of service shall be eligible to receive longevity pay as set forth:

Seven (7) years of service: two and one-half percent (2.5%) Eleven (11) years of service: five percent (5%)
Fifteen (15) years of service: seven and one-half percent (7.5%) Nineteen (19) years of service: ten percent (10%)
*Maximum 10%
Wellness Stipend:

Revised the vision and professional development reimbursement to a wellness stipend which was previously $200 a fiscal year to $250. The previous reimbursement was for dispatchers only and this is now open to all employees covered under this MOU.

In addition, the parties did have some language changes which will help in administering the contract and certain provisions of the contract that did not have a cost impact.

Staff is recommending the City Council approve the MOU with an effective date of July 1, 2026 (Attachment 3). Upon adoption, negotiation team members will sign the attached MOU and staff will implement the provisions of the MOU.

California Environmental Quality Act
Not Applicable

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FISCAL IMPACT
The provisions negotiated in this agreement are estimated to cost $1.2 million in FY 2026-27 and $1.4 in FY 2027-28, and have been included in the proposed FY 2026-27 and FY 2027-28 budget which is scheduled for approval at the June 15, 2026 City Council meeting. The impact of future wage adjustments will be reflected in the budgets of their respective fiscal years. No additional appropriation is needed at this time.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Foster City Police Officers Association (FCPOA) Memorandum of Understanding, effective July 1, 2026 through June 30, 2029 Attachment 4 – Foster City Police Officers Association (FCPOA) Memorandum of Understanding, effective July 1, 2026 through June 30, 2029 with red-lined edits

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RESOLUTION NO. _____________

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

APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE FOSTER CITY POLICE OFFICERS ASSOCIATION (FCPOA), EFFECTIVE JULY 1, 2026 TO JUNE 30, 2029

CITY OF FOSTER CITY
WHEREAS, the City and the Foster City Police Officers Association (FCPOA) have met and conferred in good faith and agreed upon a three-year memorandum of understanding.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve effective July 1, 2026, the Memorandum of Understanding for the Foster City Police Officers Association (FCPOA), for the period July 1, 2026, through June 30, 2029.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of June 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

ART KIESEL, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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1 4
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING

FOR THE FOSTER CITY POLICE OFFICERS ASSOCIATION (FCPOA) EFFECTIVE JULY 1, 2026 TO JUNE 30, 2029

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the District and the Foster City Police Officers Association (FCPOA) have met and conferred in good faith and agreed upon a three-year memorandum of understanding.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal District does hereby approve the Memorandum of Understanding for the Foster City Police Officers Association (FCPOA) effective July 1, 2026, to June 30, 2029.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal District at the regular meeting held on the 1st day of June 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ART KIESEL, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

AND

THE FOSTER CITY POLICE OFFICERS ASSOCIATION

Effective July 1, 2026 to June 30, 2029

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TABLE OF CONTENTS
Contents
EFFECTIVE JULY 1, 2026 TO JUNE 30, 2029 ................................................................................ 0 ARTICLE I ......................................................................................................................................... 1 WAGES AND COMPENSATION ...................................................................................................... 1 SECTION 1 – WAGES ........................................................................................................................ 1 SECTION 2 – EDUCATIONAL/POST INCENTIVE PAY ........................................................................... 3 SECTION 3 – SPECIAL ASSIGNMENT PAY........................................................................................... 3 SECTION 4 – COURT TIME PAY ......................................................................................................... 4 SECTION 5 – HOLIDAY PAY ............................................................................................................... 5 SECTION 6 – HOURS OF WORK, OVERTIME PAY AND COMPENSATORY TIME ACCRUAL ....................... 6 SECTION 7 – UNIFORM ALLOWANCE ................................................................................................. 7 SECTION 8 – FLEXIBLE BENEFITS PLAN ............................................................................................ 9 SECTION 9 – LONG TERM DISABILITY INSURANCE PREMIUM ............................................................. 10 SECTION 10 – LIFE INSURANCE ...................................................................................................... 11 SECTION 11 – CALLBACK/ON-CALL PAY ........................................................................................ 11 SECTION 12 – SICK LEAVE PAYMENT .............................................................................................. 11 SECTION 13 – DEFERRED COMPENSATION PLAN ............................................................................. 12 SECTION 14 – 401(A)(H) PLAN ....................................................................................................... 12 SECTION 15 – VEBA PROGRAM ..................................................................................................... 12 SECTION 16 – LONGEVITY RECOGNITION PROGRAM AND LONGEVITY INCENTIVE PAY ....................... 14 SECTION 17 – WELLNESS STIPEND ................................................................................................. 16 SECTION 18 - PAY FOR WORK IN HIGHER CLASS - NON-SWORN ...................................................... 16 SECTION 19 – RETIREMENT HEALTH SAVING ACCOUNT (RSHA) ..................................................... 16 ARTICLE II ...................................................................................................................................... 17 CLASSIFICATION PLAN ................................................................................................................ 17 SECTION 1 – POLICE RECRUIT ........................................................................................................ 17 SECTION 2 – PROBATIONARY PERIOD ............................................................................................. 17 ARTICLE III ..................................................................................................................................... 17 BRIEFING PERIOD & DAY LIGHT SAVINGS TIME ...................................................................... 17 SECTION 1 – FIFTEEN MINUTE BRIEFING PERIOD ............................................................................. 17 SECTION 2 – DAY LIGHT SAVINGS TIME .......................................................................................... 18 ARTICLE IV ..................................................................................................................................... 18 VACATION AND OTHER LEAVES ................................................................................................ 18 SECTION 1 – VACATION ACCRUAL .................................................................................................. 18 SECTION 2 – VACATION ACCUMULATION ......................................................................................... 19 SECTION 3 – BEREAVEMENT LEAVE ................................................................................................ 19 SECTION 4 – SICK LEAVE ACCRUAL AND USAGE ............................................................................. 20 SECTION 5 – DISCRETIONARY LEAVE .............................................................................................. 20 SECTION 6 - LEAVE USAGE ............................................................................................................. 20 SECTION 7 - CATASTROPHIC LEAVE DONATIONS ............................................................................. 20 SECTION 8 – SERVICE RECOGNITION SABBATICAL – SWORN AND NON-SWORN ............................... 20 SECTION 9 – INDUSTRIAL DISABILITY LEAVE - NON-SWORN ............................................................. 21 SECTION 10 – OTHER LEAVE PROVISIONS....................................................................................... 21 ARTICLE V ...................................................................................................................................... 21 ORGANIZATIONAL SECURITY ..................................................................................................... 21 SECTION 1 - DUES DEDUCTION ....................................................................................................... 21

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ii
ARTICLE VI ..................................................................................................................................... 21 PROVISIONS OF LAW ................................................................................................................... 21 SECTION 1 - CITY/DISTRICT RIGHTS ................................................................................................ 22 SECTION 2 - EMPLOYEE RIGHTS ..................................................................................................... 22 SECTION 3 - EFFECT OF AGREEMENT .............................................................................................. 22 SECTION 4 - SEPARABILITY ............................................................................................................. 22 ARTICLE VII .................................................................................................................................... 23 MISCELLANEOUS TERMS AND CONDITIONS OF EMPLOYMENT ........................................... 23 SECTION 1 – CONTRACTING OUT .................................................................................................... 23 SECTION 2 – GRIEVANCE PROCEDURE ............................................................................................ 23 SECTION 3 – DEFINITIONS ............................................................................................................... 23 SECTION 4 – EMPLOYEE ASSISTANCE PROGRAM ............................................................................ 23 SECTION 5 – ACCESS TO PERSONNEL FILES - NON-SWORN PERSONNEL ......................................... 24 SECTION 6 – SENIORITY ................................................................................................................. 24 ARTICLE VIII ................................................................................................................................... 25 TERM OF THIS MEMORANDUM OF UNDERSTANDING ............................................................ 25 ATTACHMENT A ............................................................................................................................ 26 RECOGNITION ................................................................................................................................ 26 SALARIES ...................................................................................................................................... 26 ATTACHMENT B ............................................................................................................................ 26 BENEFIT ALLOWANCES .................................................................................................................. 26

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1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

AND THE FOSTER CITY POLICE OFFICERS ASSOCIATION

EFFECTIVE JULY 1, 2026
EXPIRES JUNE 30, 2029

This Memorandum of Understanding is entered into by the City of Foster City/Estero Municipal Improvement District (hereinafter referred to as the City/District) and the Foster City Police Officers Association (hereinafter referred to as the Organization FCPOA and/or POA ) pursuant to and subject to Section 3500 et. Seq. Of the Government Code of the State of California. The City/District acknowledges that the Foster City Police Officers Association is the recognized employee organization which, within the sc ope of representation, represents the bargaining unit consisting of all permanent full -time employees in the classifications listed in Appendix A - Recognition below.

Hereinafter “Employees” shall mean employees serving in classifications assigned to the Foster City Police Officers Association bargaining unit as defined above.

The staff representatives of the City/District (hereinafter referred to as Management) and the representatives of the Organization have met and conferred in good faith and have agreed to the adjustments to wages, hours and other terms and conditions of employment for the above described bargaining unit. The Organization agrees to recommend favorably to its members the adjustments set forth herein, and Management agrees to recommend to the Council/Board in the manner and procedure prescribed by law. By their signatures, the representatives of both parties attest to agreement on the adjustments set forth herein.

ARTICLE I

WAGES AND COMPENSATION

Section 1 – Wages

1.1 Effective July 1, 2026, wages for all bargaining unit classifications represented by the FCPOA shall be as set forth in Attachment A.

1.2 Effective July 1, 2026, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 2025 to April 2026 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

Market Equity Adjustments:

Effective July 1, 2026, in addition to the above salary increases the following classifications shall receive a market adjustment as indicated:

Police Officer, Police Corporal, Police Sergeant: Five percent (5%) Police Dispatcher & Police Lead Dispatcher: two and one-half percent (2.5%) Police Dispatcher Supervisor: Five Percent (5%)

Salary Range Modification:

Effective July 1, 2026, the salary range for the classification of Police Officer, Police Corporal, and Police Sergeant shall be six (6) steps with five percent (5%) between each step. Further, employees in these classifications who have been at Step 5 for at least one (1) year prior to this effective date, shall advance to the new Step 6 effective July 1, 2026, All others shall advance in accordance with the normal step advancement process.

1.3 Effective July 1, 2027, the classifications of Police Officer, Police Corporal, and Police Sergeant shall receive a five percent (5%) across the board increase to the base salary.

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2 Effective July 1, 2027, an across the board increase for the classifications of Police Dispatcher, Police Lead Dispatcher, and Police Dispatcher Supervisor shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 2026 to April 2027 (Urban) with a minimum of four percent (4.0%) and a maximum of five percent (5.0%).

1.4 Effective July 1, 2028, the classifications of Police Officer, Police Corporal and Police Sergeant shall receive a five percent (5%) across the board increase to the base salary.

Effective July 1, 2028, an across the board increase for the classifications of Police Dispatcher, Police Lead Dispatcher, and Police Dispatcher Supervisor shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 2027 to April 2028 (Urban) with a minimum of four percent (4.0%) and a maximum of five percent (5.0%).

1.5 Employees PERS contributions shall be administered in accordance with Internal Revenue Code Section 414(h)(2).

1.6 The City/District shall contract with the Public Employees Retirement System (PERS) to provide the Fourth Level of 1959 Survivor Benefits (Section 21382.4). For Employees hired before January 1, 2013, the City/District shall continue to contract with PERS to provide the Military Service Credit.

1.7 The City/District shall contract with the Public Employees Retirement System (PERS) to provide the improved non -disability retirement option (Section 21427) for the Sworn employees.

1.8 The City/District contract ed with PERS to provide the enhanced Public Safety benefit formula 3% @ 50 (Section 21362.2) effective July 1, 2002. All sworn employees hired on or before December 31, 2011 will continue to be afforded the 3%@50 retirement benefit formula. Effective January 1, 2012, the City will no longer offer 3%@50 benefit formula. All sworn employees hired on or after January 1, 2012 will be afforded a 2%@50 retirement benefit formula. Effective January 1, 2013, the Public Employees ’ Pension Reform Act (PEPRA) requires new Safety Employees to enroll in the 2 .7%@57 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36-month period. This new retirement tier applies only to a new member. A new member is (a) someone who has never been in P.E.R.S or a reciprocal retirement system or (b) someone previously in P.E.R.S or a reciprocal retirement system, but who has a gap of at least six (6) months since being covered by any of those pension systems. PERS refers to Employees hired before January 1, 2013 as classic members.

The Police Dispatchers , Lead Dispatcher and Dispatch Supervisor classifications shall receive the 2.7%@ 55 retirement plan for miscellaneous employees. Effective January 1, 2013, the City/District no longer offered the 2.7% @55 retirement benefit formula to new Employees. All miscellaneous Employees hired on or before December 31, 2012 will continue to be afforded the 2.7%@55 retirement benefit formula. Effective January 1, 2013, the Public Employees ’ Pension Reform Act (PEPRA) requires new miscellaneous Employees to enroll in the 2% @62 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36- month period. This new retirement tier applies only to a new member. A new member is (a) someone who has never been in PERS or a reciprocal retirement system or (b) someone previously in PERS or a reciprocal retirement system, but who has a gap of at least six (6) months since being covered by any of those pension systems. PERS refers to Employees hired before January 1, 2013 as classic members.

1.9 The parties agree that Classic Employees will pay/contribute 0.5% of base pay toward the Employer’s PERS contribution rate.

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3 1.10 The above listed wages include $13.00 per month of PERSable income in lieu of providing an LTD insurance program for FCPOA sworn members.

Section 2 – Educational/POST Incentive Pay

Employees employed as Sworn Peace Officers and Dispatchers in the City/District shall be eligible for monthly educational incentive pay in addition to their monthly base pay for meeting the qualifications listed below. Promotional probation is exempted and no loss of incentive pay shall result from promotion within City/District service. Pay shall commence upon approval of a request for incentive pay and shall not be retroactive to date of eligibility.

Sworn
5% Bachelor’s Degree OR Intermediate POST Certificate Sworn Peace Officer 10% Master’s Degree OR Advanced POST Certificate Sworn Peace Officer Shall not exceed ten percent (10%)

Dispatch
$100 Basic POST Certificate Dispatcher
2% Intermediate POST Certificate Dispatcher

5.5% Advanced POST Certificate Dispatcher
Shall not exceed five and a half percent (5.5%)

The percentage listed above shall be additive and shall not compound with any other incentive.

Additionally, In accordance with California Code of Regulations 571 (Classic Members) and 571.1 (PEPRA Members), which identifies and defines special compensation items, education and certification pay under this section shall only be reported as pensionable compensation if the educational courses, certificates and degrees enhance the employee’s ability to do their job and is not a requirement for their classification. The department shall submit the personnel action form (PAF) with justification, which clearly explains how the education/certification enhances the employee’s ability to do their job, to human resources. Human resources shall evaluate and determine as to the applicability of the request. If the education or certification is not found to be germane to the employee’s position, the incentive may be approved but shall not be reported as pensionable to CalPERS and will be excluded from the pensionable salary calculation for that employee. Human resources may consult with CalPERS to assist in their determination. The determination under this section shall not be subjected to appeal or the grievance section of this agreement; however, if an employee or association decides to pursue the determination with CalPERS they may do so without the city/district being an involved party.

Section 3 – Special Assignment Pay

3.1 Motorcycles – Sworn Peace Officers with the rank of Police Officer who is routinely and consistently assigned by the Chief of Police as a Motorcycle Officer shall be compensated by an additional five percent (5%) per month above their base pay for the period during which the duties of the special assignment are being performed.

3.2 Field Training Officer – Sworn Peace Officers with the rank of Police Officer temporarily assigned Field Training Officer duties shall be compensated at the rate of five percent (5%) per hour above their base pay for those hours worked as a Field Training Officer when actively engaged in training a recruit or lateral officer as assigned by the Chief of Police or designee.

3.3 Canine Handler – Sworn Peace Officers officially assigned by the Chief of Police as a canine handler shall receive a canine handler premium of five percent (5%) above their base rate of pay per month for the care, feeding, and basic obedience training of the canine occurring during off-duty hours.

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4 3.4 Bilingual Pay – Employees in represented classifications are routinely and consistently assigned to positions requiring communication skills in languages other than English.

Employees officially assigned by the Chief of Police to provide bilingual services shall receive bilingual pay in the amount of five percent (5%) above their base rate of pay per month. Employees will be assigned upon successful completion of a certification process as determined by the Chief of Police. Certification shall be obtained at a fluency level not less than “conversational.” Non-English languages which are eligible for bilingual pay shall be established at the discretion of the Chief of Police and based upon US Census or other reliable demographic statistics for ethnic groups representing no less than five percent (5%) of the population of Foster City.

3.5 Dispatcher Special Training Assignment Pay - Police Dispatchers temporarily assigned to perform dispatch training for dispatchers shall be compensated at the rate of five percent (5%) per hour above base pay for those hours worked as assigned by the dispatch supervisor or sworn management personnel.

3.6 Night Shift Differential –Effective July 1, 2026, employees who are assigned to swing or night shifts, and work a minimum of four (4) hours between 5:00 pm and 7:00 am, shall receive an additional five percent (5%) above their base rate of pay for all hours worked during swing and night shift.

Additionally, this premium pay shall not be paid when an employee is on paid leave, i.e. administrative leave, vacation, sick, discretionary time, compensatory time, or any other type of leave.

3.7 Detective Assignment – Sworn Peace Officers who are routinely and consistently assigned to investigative and intelligence duties shall receive detective pay in the amount of five percent (5%) above their monthly base rate of pay during the term of the assignment.

3.8 Administrative Sergeant – A Police Sergeant who is assigned by the Chief of Police as an administrative Sergeant shall receive five percent (5%) above their monthly base rate of pay during the term of the assignment.

3.9 Special Weapons And Tactics (SWAT) - Sworn Peace Officers who are assigned by the Chief of Police as a member of SWAT shall receive three percent (3%) above their monthly base rate of pay during the term of the assignment.

3.10 Crime Prevention - Sworn Peace Officers who are assigned by the Chief of Police to crime prevention assignment shall receive three percent (3%) above their monthly base rate of pay during the term of the assignment.

Special Assignment Pay shall be additive and shall not be compounded with any other type of pay or incentive.

Section 4 – Court Time Pay

4.1 Employees subpoenaed to court as an Officer of the City/District during off-duty hours shall receive a minimum of four (4) hours of overtime pay provided that the time of the court appearance does not fall within one hour prior to the commencement of his/her scheduled shift in which case the Sworn Peace Officer shall receive two (2) hours of overtime pay . In the event that the time of court appearance falls within less than one hour after the end of his/her scheduled shift, the Sworn Peace Officer shall rec eive a minimum of two (2) hours of overtime pay . One hour of the minimum pay is in recognition of personnel using their personal vehicle for transportation to and from court. In the event that the employee uses a City vehicle, which may only be granted by Watch Commander approval, the officer shall receive three hours for non- concurrent appearances. Dispatch Supervisor , Lead Police Dispatcher and Police Dispatcher subpoenaed to court in their capacity as an employee of

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5 the City/District during off-duty hours shall receive a minimum of four (4) hours paid at a rate of time and one-half. However, if the scheduled court appearance falls within one hour prior to the commencement of his/her scheduled shift, or within one hour after the end of his/her scheduled shift, the employee shall receive a maximum of two (2) hours paid at a rate of time and one-half. The benefits conferred in this Section are intended to provide the benefits pursuant to California Government Code §68096.1. An employee is only eligible for this pay when (s)he is testifying on the City/District’s behalf or otherwise ordered to by the City/District. In no event is the employee entitled to benefits or pay when the City/District is a party opponent, except where the employee is testifying about an investigation that employee performed at the direction of the City’s Risk Manager or Police Chief in conjunction with the City’s Risk Management Program. Any other exception provided by the statutory provisions also applies.

If the Officer’s court appearance is cancelled within 12 hours of the scheduled appearance the Officer will receive the above appropriate pay.

4.2 Employees required to be on telephonic standby for purposes of appearing in court during off duty hours, pursuant to a subpoena or at the direction of the District Attorney or the City Attorney shall be paid standby pay at one- half (1/2) of their overtime pay, as defined in Section 6 – Overtime Pay and Compensatory Time Accrual, Subsection 6.1, to a maximum of four (4) hours pay per day.

4.3 Sworn Peace Officers required to provide telephonic or virtual testimony during off -duty hours pursuant to a subpoena for a Department of Motor Vehicles hearing shall be paid standby pay at half (1/2) of their overtime pay to a maximum of four (4) hours pay, with a minimum of two (2) hours of overtime pay.

4.4 Premium pay pursuant to Sections 4.1, 4.2 and 4.3 shall not be earned concurrently.

Section 5 – Holiday Pay

5.1 All Sworn Peace Officers are normally required to work on an approved holiday because they work in posit ions that require scheduled staffing without regard to holidays. Sworn Peace Officers shall receive holiday in-lieu pay in the amount of five point eight-five percent (5.85%) of their base pay in- lieu of thirteen (13) City/District recognized holidays. Officers wishing to take a holiday off will need to use available leaves.

5.2 Recruit Officers attending the police academy shall not receive holiday in- lieu pay and will not be required to work on the holidays. When a recruit officer begins the field- training program they shall be eligible for holiday in-lieu pay.

5.3 Dispatch Supervisor, Lead Police Dispatcher and Police Dispatchers, whose regular schedule requires them to work on a holiday shall receive holiday premium pay in the amount of one additional day of pay (8, 10, or 12 hours determined by the assigned shift) at time and one half for each holiday worked. If the holiday falls on a scheduled day off, the employee shall be paid for one additional day of pay (8, 10, 12 hours determined by the assigned shift) at their regular rate of pay. Dispatch Supervisor, Lead Police Dispatcher and Police Dispatchers who work a holiday that is not part of their regular schedule shall receive overtime pay for the hours worked, in addition to holiday off pay as defined herein.

Dispatch Supervisor, Lead Police Dispatcher and Police Dispatchers who request and are approved the day off on a regularly scheduled holiday may do so without use of accrued leave.

For purposes of determining eligibility for premium pay for work on a holiday, the authorized holiday shall be defined as the actual day of the holiday, they are as follows:

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6 New Year's Day, January 1
Martin Luther King, Jr. Day, third Monday in January
Washington's Birthday, third Monday in February
Memorial Day, last Monday in May
Juneteenth, June 19
Independence Day, July 4
Labor Day, first Monday in September
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in November
Day after Thanksgiving, fourth Friday in November
Christmas Eve, December 24
Christmas Day, December 25
New Year’s Eve, December 31

Section 6 – Hours of Work, Overtime Pay and Compensatory Time Accrual

6.1 Hours of Work
a. The Fair Labor Standards Act (FLSA) normal seven (7) day work period shall begin at 12:01 a.m. Sunday and end at 11:59 pm the following Saturday. b. The normal workweek for full-time employees who are employed in a classification which is classified as non-exempt under the overtime provisions of the FLSA shall consist of forty (40) hours of work during the seven (7) day normal work period. c. The normal work week shall not apply to full-time employees who are employed in a classification which is exempt from the overtime provisions of the FLSA. These employees are expected to work whatever time is required to perform the duties of their positions.
d. The workweek for part-time employees shall be determined by the Appointing Authority within the established work period above.

6.2 Alternative Work Schedule
An alternative work schedule may be provided in accordance with the Workweek and Wage Payment Policy. Effective July 1, 2015, the City/District shall establish a designated FLSA workweek for each dispatch employee based on the assigned shift.

6.3 FLSA Sworn Peace Officers
The regularly designated recurring work period in compliance with the Fair Labor Standards Act Section 207(k) and 29 C.F.R. Section 553, otherwise referred to as Section 7K, is currently twenty-one (21) days (128 hours). This work period has been in effect for FCPOA sworn Peace Officers since June 18, 2010.

6.4 Overtime: Employees who work overtime shall receive overtime pay which is defined as one and one- half times the employee's regular rate of pay ( i.e., base pay plus applicable incentive pay and special assignment pay pursuant to Article I, Sections 2 and 3) .

Supervisor approval must be secured before the employee works overtime.

A Sworn employee who is required to work in excess of regularly scheduled working hours during any one work day shall be compensated for such overtime worked in fifteen minute increments. Optionally, a sworn employee may elect to apply earned overtime to compensatory time hours. Compensatory time accumulation is subject to the provisions of

6.3 below. The final decision to pay overtime or grant compensatory time off is at the sole discretion of the Chief of Police or designee.

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7 employee’s base rate of pay or by compensatory time off at the rate of one and one- half times the hours worked. The final decision to pay overtime or grant compensatory time off is at the sole discretion of the Chief of Police or designee.

All work in excess of regular working hours shall be subject to prior approval of the Chief of Police or designee. When hours are worked in excess of the regular working hours during one day and are subject to reimbursement by an outside entity or government agency, hours shall be paid as overtime and not compensatory leave time.

A non-sworn employee who is required to work in excess of a regularly scheduled workday shall not be required to reduce another regularly scheduled work week in whole or in part to compensate for that additional time worked.

6.5 Employees may accumulate compensatory time off up to a maximum of 120 hours. There will be two pay off periods during the year and employees may carry over a maximum of 40 (26.7 hours at time and one-half) hours comp time into the following year.

A. Employees must notify the City by May 15
th if they want any/all of their accumulated
comp time balance paid off on the June 5th paycheck. Employees who fail to specify any pay off will have their entire balance carried over.

B. Employees must notify the City by November 15 th if they want any of their comp time carried over to the following year. Employees who fail to specify any carry over will be paid off for their entire balance on the December 5 th paycheck. Employees
may only carry over 40 hours to the following year and any remaining comp time must be paid off on the December 5th paycheck.

6.6 Shift changes generally occur twice a year. However, the exact dates of shift changes may be adjusted when staffing and/or organizational needs dictate. The transition from one shift to another will be based on a 40-hour work week schedule and not on the pay period.

6.7 Nothing herein shall prohibit department management from occasionally adjusting work hours or days for non-sworn personnel due to a special event or circumstance with at least 48 hours advance notice to the affected employee(s).

6.8 Hours Off Between Shifts - When non-sworn employees are scheduled to work shifts which have been changed, to accommodate business needs of the City/District, eight (8) hours of off-duty time will be scheduled between shifts. If eight (8) hours of time between shifts cannot be granted, all time worked on the second shift shall be paid at the overtime rate of time-and-one-half. Any release time necessary to provide eight (8) hours between shifts will be paid at straight time.

Hours off between shifts shall also apply to non- sworn employees attending training, meetings, conferences or any other job related event in which an employee is required to be present.

Section 7 – Uniform Allowance

7.1 Purpose – Uniform allowance for employees shall be for purchase and maintenance of uniforms, footwear and other necessary equipment. Employees shall be required to adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department. Effective July 1, 2016, the City will be responsible for protective vests within department specifications.

7.1.1 Protective Vests
The City/District shall provide Sworn Peace Officers with protective vests of a

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8 type approved by the Chief of Police.

7.1.2 In no case shall any vest be in service longer than the manufacturer's warranty.

7.1.3 Safety Equipment
The City/District shall furnish all safety equipment required by the City/District for the use of new sworn personnel. The following equipment will be provided as found appropriate by the Chief of Police or their designee: pistol and pistol holster, rain gear, flashlight, handcuffs (2) and handcuff case (2), baton, baton ring, leather gear to include utility belt, chemical agent holder, ammunition holders, and four (4) keeper straps, riot helmet and protective gas mask.

Such safety equipment and any and all replacements furnished by the City/District shall remain the property of and under the control of the City/District.

7.2 Sworn Initial Uniform Allowance –
Newly hired sworn employees upon who are required to wear a uniform shall receive either a uniform stipend or Department issued uniforms. Such determination shall be at the discretion of the Chief of Police. If a stipend is provided, it shall cover the cost of the items listed herein. The City/District initial uniform purchase shall consist of the following:

1. Police Sworn Personnel
a. Badge
b. Name Tag
c. 1 Long sleeve Class A uniform shirt w/patch
d. 2 Class B uniform shirts w/patch
e. 1 Pair of Class A uniform pants
f. 2 Pairs of Class B uniform pants
g. 1 winter coat w/patch, not to exceed $350
h. 1 Class A jacket w/patch
i. 1 Tie and Tie Bar
j. 1 Belt
k. 1 Pair of patrol boots, (lateral employees only), not to exceed $200

2. Police Recruit
The City/District shall furnish or bear the cost of all uniforms and equipment necessary for the police academy in which the recruit is attending. Upon separation from the academy, all items shall be returned to the City/District.

Upon graduation from the Police Academy, each police recruit will receive the initial uniform allowance.

7.3 Sworn Continuing Uniform Allowance – Effective July 1, 2026, the City/District shall pay to each sworn employee who is required to purchase, wear, maintain uniforms, footwear, and other necessary equipment one thousand twelve hundred dollars ($1200) per fiscal year which shall be paid as fifty dollars ($50) per bi -monthly paycheck . Employees shall be required to adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department.

7.4 Dispatchers:

Newly hired employees in the classifications of Police Dispatchers, Lead Dispatcher, or Dispatch Supervisor shall be required to wear a uniform, as determined by the Chief of Police or designee, During the course of their employment they shall be provided with the following items:

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9 a. Badge
b. Name Tag
c. 1 Long sleeve Class A uniform shirt w/patch
d. 2 Class D uniform shirts with embroidered star
e. 1 Class D jacket or sweatshirt with embroidered star, not to exceed $200 f. 1 Pair of Class A uniform pants
g. 1 Belt
h. 1 Tie and Tie Bar
i. 1 pair of Class A shoes, not to exceed $200

7.5 Dispatch Continuing Uniform Allowance
Effective July 1, 2026, the City/District shall pay to each non-sworn employee who is required to purchase, wear, and maint ain uniforms, footwear and other necessary equipment, a uniform allowance of six hundred dollars ($600) per fiscal year which shall be paid as twenty-five dollars ($25) per bi -monthly paycheck. Employees shall be required to adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department.

7.6 Alternate Uniform Provisions – The City/District retains the option of considering and implementing alternative methods of providing uniforms to employees and nothing herein shall limit the option. The City/District and Foster City Police Officers Association will discuss alternate methods before a change is undertaken.

7.7 Uniforms and footwear shall become the property of the employee after the completion of their probationary period. In the event, a new hire or lateral fails to successfully complete their initial probationary period, all uniform items shall be returned to the City/District.

7.8 Uniform and Personal Property Reimbursement

Employees shall be reimbursed the reasonable value of any personal equipment/property or clothing/uniform damaged or destroyed in discharging duties under stress or strain where normal caution cannot be exercised.

The City/District shall reimburse employees for the repair or replacement of other personal property, which is damaged, lost, or stolen during their regular course of employment and performance of their assigned duties, other than normal wear and tear or neglect. The police chief or their designee, in accordance with Human Resources, shall review the claim and make the final determination of such claim. Such decision shall be final and is not appealable.

Section 8 – Flexible Benefits Plan

8.1 The City/District shall administer a Flexible Benefits Plan (Plan) for employees consistent with Internal Revenue Code Section 125. The details of Plan eligibility and operational requirements are set forth in Plan documents. The City/District shall make contributions (City dollars) as defined for employees that elect to participate in a City/District-sponsored health plan, one-half (1/2) of the City/District contribution will be made to eligible employees on each bi-monthly paycheck for allocation to health, dental, health care flexible spending account and dependent care flexible spending account. Eligible employees shall receive a City/District contribution for each paycheck on which the employee is paid for forty (40) or more hours, during an approved leave of absence, if required by state and federal law, or while suspended from service without pay.

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10 payment of the full premiums of any insurance elected to be continued. Effective July 1, 2026 group benefit allowances for classes represented by the POA shall be as set forth in Attachment B.

8.2 Effective January 1, of each year of the Memorandum of Understanding, the Employer’s contribution toward the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser Basic Premium Region 1 rate.

8.3 Sworn Plan participants will pay the administrative costs of the program to a maximum of $15.00 per month. A plan participant is defined as any member for whom the third-party plan administrator charges a fee. Non-sworn members do not pay the administrative costs of the flexible benefits plan.

8.4 Employees who have left over benefit allowance available after deducting all selected plan premium amounts may choose to either:

A. Allocate remaining funds into one or more reimbursement accounts: or

B. Receive the available leftover benefit allowance to be contributed into a deferred compensation plan (e.g., 457 plan) or into the VEBA (pursuant to the contribution agreed to in Section 15) in accordance with the provisions of federal and state tax laws.

C. Receive the amount as taxable compensation.

8.5 As long as the City/District provides medical coverage through CalPERS the City/District shall contribute the mandatory contribution for active and retired employees’ as required by CalPERS. If the City desires to change medical insurance from CalPERS to another provider, the City agrees to meet and confer.

8.6 Family members include state- registered domestic partners and their dependents as recognized by the State of California.

8.7 Dental and Vision – Effective January 1, 2027, t he City/District shall pay 100% of the premiums for both dental and vision, which shall include the employee and any covered dependents.

8.8 No Plan Contribution: To qualify for no plan contribution, employees must be enrolled in an employer-sponsored health plan (Group) and certify annually during open enrollment.

Effective July 1, 2026 , the no plan contribution amount shall be $600 a month for all enrollees on after this effective date.

Employees who are receiving no plan contribution as of June 30, 2026, shall be frozen at the monthly amount of $1544 for non- sworn and $1655 for sworn and shall remain at such amount for the duration of such election. Employees shall have no property rights to this contribution, therefore once they are no longer qualified for the contribution, they shall not be entitled to this benefit amount and shall receive $600 upon reenrollment.

Section 9 – Long Term Disability Insurance Premium

9.1 The City/District requires all Sworn Peace Officers to be covered by an LTD plan. The FCPOA agrees to provide all represented members with LTD to cover a minimum of 2/3 salary. Employees who are not members of the FCPOA shall reimburse the association for the costs of LTD insurance.

9.2 The City/District shall pay the full premium amount necessary to provide Long Term Disability (LTD) insurance for non-sworn employees.

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11 9.3 For Sworn employees reference Section 1.6

Section 10 – Life Insurance

10.1 Sworn employees shall be provided with life insurance of $50,000 plus the same amount of Accidental Death and Dismemberment (AD&D), with the premium to be paid in full by the City/District.

10.2 The City/District shall pay the full premium amount necessary to provide $75,000 term life insurance policy plus the same amount of Accidental Death and Dismemberment (AD&D) insurance for each Non-Sworn employee.

Section 11 – Callback/On-Call Pay

Callback – Employees recalled to work outside of and not continuous with an employee’s regularly scheduled hours of work shall receive a minimum of three (3) hours, or one (1) hour if held virtually, of overtime pay if hours exceed the regular work week provided, however, that overtime worked as an extension of a normal shift shall not be subject to the three (3) hour minimum. If callback occurs within three (3) hours of the start of the scheduled shift, compensation shall be overtime pay for actual hours worked until the start of the scheduled shift. An employee shall not receive additional three (3) hours payments for multiple callbacks that occur within the three (3) hour period. Pay shall include hours worked only and shall exclude any travel time.

11.1 On-Call Pay – Sworn Peace Officers who are required to be on- call shall be compensated in the amount of $50.00 per day for each regular duty day assigned to on- call duty and $100.00 per day for each regular off duty day assigned to on- call duty. Any personnel assigned to On Call duty shall be available for duty such that he/she is able to be contacted immediately, and respond to and function in an on call situation within one hour of receiving a call to report for duty. On Call pay shall not be made to assi gned personnel unable to report for duty within the parameters of this section. The Chief of Police may issue general orders or department procedures for On Call duty.

Section 12 – Sick Leave Payment

Sworn Personnel

12.1 Effective January 1, 2002, the 401(a)(h) plan for Sworn Personnel was discontinued as described in Section 14.2. Accordingly, all Sworn 401(a)(h) plan participants with “side car” reserve balances will no longer be able to convert those hours to fund the 401(a)(h) plan.

Any unused “side car” reserve balances will be available for use as sick leave prior to separation or retirement. Any unused “side car” reserve balances, or initial sick leave balance at the time the 401(a)(h) plan was implemented that was maintained as current Sick Leave, upon separation or retirement will be cashed out as described in Section 12.3 based upon the employee’s cash out rate at the time of implementation of the “side car” reserve.

12.2 Sworn Employees who have completed six (6) months of service and who terminate their employment in good standing will receive 25% of up to 250 hours of their sick leave accrual balance, a net payout not to exceed 62.5 hours.

12.3 The prescribed value of unused sick leave for Sworn employees shall be calculated as follows:

a) Determine number of hours sick leave accrued at each rate of pay based on salary history, until current leave balance is reached assuming “first hours earned are first hours used”.

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12 b) Calculate value of sick leave hours accrued at each pay rate by multiplying the number of hours by the employee’s regular rate of pay during which the hours were accrued, then add each calculation together for a total dollar value of all accrued sick leave. c) 25% of the total dollar value as calculated above will be the sick leave payment.

Non-Sworn Personnel

12.4 Effective July 1, 2001 the 401(a)(h) plan for Non-Sworn was discontinued. Accordingly, all Non-Sworn 401(a)(h) plan participants with “side car” reserve balances are no longer able to convert those hours to fund the 401(a)(h) plan. Any unused “side car” reserve balances are available for use as sick leave prior to separation or retirement. Any unused “ side car” reserve balances upon separation or retirement will be cashed out at the rate at which sick leave was earned at accrual.

12.5 Non-Sworn Employees who have completed six (6) months of service and terminate their employment in good standing shall receive compensation for unused sick leave in a sum equal to twenty-five percent (25%) of the prescribed valued of unused sick leave.

12.6 The prescribed value of unused sick leave shall be calculated as follows: 25% of the total dollar value of sick leave at the rate of pay at the time of separation will be the sick leave payment.

Section 13 – Deferred Compensation Plan

13.1 The City/District shall offer a voluntary 457 deferred compensation plan available to all employees.

Section 14 – 401(a)(h) Plan

Effective Date

14.1 Effective 1/1/97 the City/District offered a voluntary 401(a)(h) plan to all Sworn employees at that time. Sworn e mployees had a one- time opportunity to elect participation by December 15, 1996. Employees that chose not to participate at that time were ineligible to join the plan or benefit from the contributions in lieu of Single Highest Year. Participation in the plan was mandatory for all employees hired after 1/1/97.

Discontinuation of the 401(a)(h) Plan

14.2 Effective January 1, 2002, and in recognition of the City/District contracting with CalPERS for the enhanced public safety retirement formula (3% at 50), contributions to the 401(a)(h) plan for the sworn employees as provided in this section are discontinued. The following changes shall take place at that time:

a) All assets contributed to participants’ 401(a)(h) plan accounts are the property of the plan participants. Distribution options will be made available as provided by Internal Revenue Code statutes.
b) Any unused “side car” reserved sick leave balances can continue to be used for sick leave as specified in Section 12. Upon separation or retirement from the City, any remaining “side car” reserve balances shall be paid out as specified in Section

12. c) Any unused current sick leave balances upon separation or retirement from the City shall be paid out as specified in Section 12.

Section 15 – VEBA Program

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13 15.1 The purpose of the VEBA is to provide employees with the ability to plan for future as well as current health care expenses. Expenses such as Long Term Care, unreimbursed medical premiums, copays and pharmacy charges are all eligible expenses under a VEBA Trust arrangement. Employees will realize a significant benefit since eligible contributions to a VEBA Trust are tax exempt and the reimbursed expenses from the VEBA Trust are also tax exempt.

Effective July 1, 2012, Plan requirements are as follows:

1. Eligibility Defined
Effective July 1, 2012, all eligible employees, who are members of the Bargaining Unit, may participate in the Plan. An eligible employee is an employee who is a member of the Bargaining Unit. Beginning July 1, 2012, all eligible employees will have fifteen (15) days to “opt-in” or “opt-out” of the plan. Elections to “opt -in” or “opt -out” are irrevocable for the duration of the employee’s tenure within the bargaining unit. Participation will be subject to and governed by all IRS requirements applicable to the VEBA plan. Bargaining unit members who elect to “opt -in” will make uniform monthly contributions and contributions upon separation as outlined in Section 2 below.

2. Employee Contributions and Leave Payouts
Participation in the Plan by an employee who elects to “opt -in” requires a payroll deduction each pay period to fund the employee’s account. The Bargaining Unit has determined that contributions and separation payouts effective July 1, 2014 to the plan shall be:

VEBA Tiers

Group 1: Day 1, Year 0 through 4
$150 monthly contribution
50% payout
0% of longevity pay

Group 2: Day 1, Year 5 through 9
$150 monthly contribution
50% of vacation
25% of sick leave payout
0% of longevity pay

Group 3: Day 1, Year 10 through 14
$250 monthly contribution
100% payout
100% longevity pay

Group 4: Day 1, Year 15 through 19
$100 monthly contribution
100% payout
100% longevity

Group 5: Day 1, Year 20 through 24
$600 monthly contribution
100% payout
100% longevity

Group 6: Day 1, Year 25 and thereafter
$600 monthly contribution

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14 100% payout
100% longevity

Sworn/Safety employees are entitled to convert unused sick leave balance to service with CalPERS at the time of retirement. After this election, 100% of the available sick leave balance (25% of remaining balance) will be contributed to their VEBA account.

The above contribution amounts, payout percentages and Tier Groups may be amended and created during contract negotiations. Contribution amounts will change on an employee’s anniversary date should they fall into a new Tier Group.

Contributions made by an eligible employee must be made through payroll deductions.

Eligible employees cannot make direct contributions to the plan. Once separated from the City, the employee can no longer make contributions to the Plan.

Employees who “opt-out” will not contribute to the plan on a per pay period basis. Those who have a VEBA account will continue to be eligible to submit for reimbursement for eligible medical expenses, however, they will not be able to make any further cont ributions to their accounts.

3. New Employees or Newly Eligible Employees
Employees, whether new to the City of to the Bargaining Unit, who become eligible to participate in the Plan after July 1, 2012 will have fifteen (15) calendar days from the date of eligibility to elect whether they would like to “opt-in” or “opt-out” of the plan. If a newly eligible employee elects to “opt-in”, payroll deductions will begin in accordance with Section 2. If a newly eligible employee fails to make an election within fifteen (15) days from the date of plan eligibility, it will be deemed that the newly eligible employee has elected to “opt-out”.

4. Participant Account
A separate account is maintained for each contributing eligible employee, which documents the employee’s contributions and disbursements. Contributions to a VEBA, as well as any disbursements to cover non-reimbursed post-tax medical care expenses, are both tax-free.

Eligible benefits subject to reimbursement by the Plan shall be limited to long- term care expenses and non-reimbursed medical premiums, co-pays, prescribed drug expenses and other medical care costs as defined by the Internal Revenue Code Section 213.

5. An eligible employee’s Plan account is subject to a monthly administrative fee $4.45 per month for expenses related to recordkeeping, claims processing and claims reimbursement. The fee will be deducted from the eligible employee’s individual account.

Should the FCPOA as a whole determine that the VEBA participation not be in their best interest, the association will be allowed to exit the program in its entirety. At the same time the association will reserve the right to re-join the VEBA program should the membership determine that the program meets the association’s best interest upon re- evaluation and re-consideration.

All employee contributions made to a VEBA account shall comply with applicable IRS Codes. If the Internal Revenue Service concludes that the Plan does not qualify under the requirements of the Tax Code or no longer qualifies after initial qualification, the City shall meet with the Union and discuss options to bring the Plan into compliance or to discontinue the Plan.

Section 16 – Longevity Recognition Program and Longevity Incentive Pay

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15 16.1 On January 1, 2002, the City / District shall implement a Longevity Recognition Program for the Sworn Personnel. This Program is implemented in recognition of length of service with the City and that the City does not otherwise provide retiree medical benefits. Effective January 1, 2012, this program will be eliminated for all new Sworn hires.

16.2 For all employees hired on or before December 31 , 2011, Sworn employees who file for a PERS retirement while employed with the City, whether for a normal retirement or an industrial disability retirement, shall receive a monthly benefits payment starting at the beginning of the first calendar month following retirement to be contributed, in whole or in part, at the discretion of the employee, into the employee’s VEBA account. The amount of entire benefit is dependent upon the employee’s length of service, as follows:

Years of Service Upon Retirement % of Maximum
Benefit
Monthly Benefit
Amount
Day 1, Year 10 through Year 14 40% $140
Day 1, Year 15 through Year 19 60% $210
Day 1, Year 20 through Year 24 80% $275
Day 1, Year 25 and thereafter 100% $345

16.3 The monthly benefit as described in Section 16.2 is payable to the Sworn employee up until the Sworn employee’s death. Benefits shall cease on the first day of the calendar month following the Sworn employee’s death.

16.4 Prior to implementation of the Plan, the City / District shall determine whether or not a third- party administrator is necessary to establish and administer the Plan. Such decision will be discussed upon mutual consent with the Organization prior to implementation and will be mutually agreed upon. If a third- party administrator is used, any recurring ad ministrative fees associated with administering the plan shall be paid by the participating members. The City/District shall pay for any fees associated w ith setup and implementation of the Plan.

The City/District shall also strive to implement the Plan in accordance with Internal Revenue Code statutes and in a manner that minimizes the tax liability of the employee to the extent possible.

16.5 Employees hired on or after January 1, 2012, will not be eligible for the Longevity Recognition program as stated within 16.1 through 16.4.

16.6 Effective July 1, 2026, sworn employees who have achieved the corresponding years of service shall be eligible to receive longevity pay as set forth:

For the purpose of this section “years of service” shall include all years of service served in a classification as defined by Penal Code 830 which is calculated based on full-time employment. The maximum longevity pay that may be received is ten percent (10%). This incentive shall be calculated upon the monthly base rate of pay and shall not be compounded with any other incentive or benefit. Such payment shall be made effective at the start of the first pay period after approval of the personnel action form (PAF). There shall be no retroactivity prior to the submission date of the PAF.

Prior Service: Sworn personnel, who were hired with prior service, shall be eligible to have their prior years of service, with any other California agency, or out of state public agency where they have served in a classification as defined by Penal Code 830, recognized for placement within the longevity range as defined within this section, upon the date of hire.

Additionally, this shall apply to those sworn personnel who are currently employed with the city/district and were hired as a lateral prior to the effective date of this benefit becoming

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16 effective.

Section 17 – Wellness Stipend

17.1 To encourage and promote a focus on broader health and well -being, including fitness, mental health, and other lifestyle choices and offer employees flexibility to choose, effective July 1, 2026, and each July 1st thereafter, the City/District shall provide each employee with a $250 wellness stipend, minus regular and customary withholdings.

Section 18 - Pay for Work in Higher Class - Non-Sworn

18.1 In order for a Non-Sworn employee to receive additional compensation for performing duties assigned to a higher job class, all the following conditions must be met:
a. The higher job class must be vacant or filled by another employee who is absent; b. The employee must receive prior written approval from his/her department head before performing such duties;
c. The employee must be assigned to perform all the duties of the higher job class; and d. The duration of the assignment shall be for a minimum of five (5) consecutive full working days in that higher job class. Pay shall be retroactive to the first day.

18.2 A Non-Sworn employee who believes he/she is performing all the duties of a vacant position or an absent employee in a higher class, but has not received prior written approval from his/her department head shall immediately notify his/her department head in writing. .

18.3 Compensation for performing duties assigned to a higher job class shall be paid at the first step of that higher class or at a step which is not less than 5% more than the Non-Sworn employee's current rate, whichever is more, provide the maximum pay step is not exceeded.

The pay rate established for work in a higher class shall be considered the straight rate of pay for an employee so assigned.

18.4 The maximum amount of time required to work out of class shall not exceed three (3) months. No Non-Sworn employee shall be required regularly to perform the duties of another classification except in an emergency situation.

Section 19 – Retirement Health Saving Account (RSHA)

19.1 The City/District shall offer a retirement health savings account program in accordance wit h Private Letter Ruling and Treasury Regulation 301.7701.1(a)(3).

Mandatory participation and contributions terms will be determined by the unit per side letter.

All contributions shall be in accordance with current law.

The City/District shall provide a lump sum contribution of $40,000 to a retirement health savings plan for sworn officers with:
a) 20+ years of CalPERS service
b) CalPERS service retirement during the term of this contract and during (November 1, 2016 and December 30, 2016)
c) And, individuals must also elect to contribute all vacation payout to the retirement health savings account

The City/District shall provide a lump sum contribution of $30,000 to a retirement health savings plan for sworn officers with:
a) 20+ years of CalPERS service
b) CalPERS service retirement during the term of this contract and during (November 1, 2017 and December 30, 2017)
c) And, individuals must also elect to contribute all vacation payout to the retirement health savings account

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17 ARTICLE II

CLASSIFICATION PLAN

Section 1 – Police Recruit

1.1 New Sworn employees who have not completed a POST Basic Academy will be brought into the Department as Police Recruits, starting at Step 1. New Sworn employees who have completed a POST Basic Academy, but do not possess a Basic P.O.S.T. Certificate will be brought into the department as Police Recruits, starting at Step 2.

1.2 Sworn employees classified as Police Recruits shall be considered miscellaneous employees and not Sworn Police Officers for the purposes of retirement benefits and worker’s compensation until their successful completion of the POST Basic Academy.

1.3 Upon successful completion of the Field Training Program, Police Recruits will advance to Step One of the Police Officer pay plan.

1.4 A Police Recruit will be subject to continuous evaluations while at the Police Academy and during the Field Training program. Upon successful completion of the Field Training Program a Police Officer will receive an evaluation at intervals of three, six, t welve and seventeen months and annually thereafter following the completion of probation (18 months unless extended). If the Police Officer employee receives a satisfactory evaluation at the six month evaluation, he/she will advance one step of the Police Officer pay plan, and annually thereafter subject to satisfactory evaluations. Nothing in this Section limits the department’s right to increase the frequency of evaluations as determined by merits, needs or organization.

Section 2 – Probationary Period

2.1 The probationary period for new hired sworn employees shall be eighteen (18) months of actual service commencing upon entry to the field training program.

2.2 The probationary period for lateral employees , both sworn and non- sworn, shall be twelve (12) months of actual service commencing upon hire.

2.3 The probationary period for new hire non-sworn employees shall be eighteen (18) months of actual service following completion of the in-service training program.

2.4 The probationary period for newly promoted employees to the classifications of Police Corporal, Police Sergeant, Lead Dispatcher, and Dispatcher Supervisor shall be twelve (12) months of actual service commencing upon appointment.

2.5 If a promotional probationary employee is rejected at any time the employee will maintain the ability to return to their previous job classification , as provided in the City/District Personnel Rules section 7.09 (c).

2.6 Probation may be extended as per the City’s Personnel Rules and Regulations 7.09 (c)

ARTICLE III
Briefing Period & Day Light Savings Time

Section 1 – Fifteen Minute Briefing Period

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18 1.1 The fifteen (15) minute briefing period is to be done during regular working hours. In the event that an employee is required to report to duty fifteen (15) minutes prior to the shift, he/she will be authorized either to leave fifteen (15) minutes early or will be compensated for the fifteen (15) minutes at the overtime pay rate.

Section 2 – Day Light Savings Time

2.1 For any shift scheduled to work after 0200 hours during the night that clocks are moved forward one hour or back one hour in connection with Daylight Savings Time, Sworn personnel will coordinate with their supervisors to report either one hour earlier or one hour later than their regular shift starting time so that hours of work shall be those of a regular shift.

2.2 Non-Sworn employees who work during the twice annual daylight change over period will be given one hour overtime in the fall when their shift is extended by one hour and will need to take one hour of leave in the spring when their shift is reduced by an hour.

2.3 All schedule modifications required by above shall have the prior approval of the on- duty Watch Commander.

ARTICLE IV

VACATION AND OTHER LEAVES

Section 1 – Vacation Accrual

1.1 Effective July 1, 2026, E mployees eligible for vacation shall accrue vacation leave in accordance with the schedule in Section 1.2. The accrual rate includes an additional day of vacation and this additional vacation is in lieu of one additional holiday. In accordance with Government Code Section 38634, the Chief of Police shall schedule vacations in such a manner as to grant every Sw orn Peace Officer an annual leave absence of fifteen (15) consecutive calendar days from active duty.

1.2 Employees shall accrue vacation in accordance with the following schedule, such accrual shall not be credited until completion of the initial six (6) months of employment:

Years of Service Annual Accrual Accrual per Pay
Period
Maximum Accrual
1 to 3 88 hours 3.67 hours 264 hours
4 96 hours 4.00 hours 288 hours
5 120 hours 5.00 hours 360 hours
6 128 hours 5.33 hours 384 hours
7 136 hours 5.67 hours 408 hours
8 144 hours 6.00 hours 432 hours
9 152 hours 6.33 hours 456 hours
10 160 hours 6.67 hours 480 hours
11 to 15 168 hours 7.00 hours 504 hours
16 and thereafter 184 hours 7.67 hours 552 hours

1.3 Employees may use accrued vacation in no less than one- hour increments, subject to department head approval.

1.4 Additional guidelines that clarify the use and administration of this provision for all employees in the bargaining unit may be found in the Personnel Rules.

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19 Section 2 – Vacation Accumulation

2.1 Employees shall not accumulate more than the maximum accrual as listed in the maximum accrual listing in Section 1.2. Employees shall have the responsibility of monitoring their vacation accruals and vacation requests to e nsure that they do not exceed the listed maximum accruals. E mployees who reach the maximum accrual shall cease to accrue additional vacation until their accrued vacation falls below the maximum accrual levels listed.

Employees may request continued accrual beyond the listed maximum when a vacation request is denied because of operational necessity within the department. The Sworn employee shall forward a request to the City Manager, through the Chief of Police specifying why the maximum should be waived and also containing a specific time when the vacation accrual will be brought back within the maximum limits specified above. The Chief of Police will make a determination if the request is in the best interests of the department and include his/her recommendation to the City Manager.

2.2 Employees shall accrue vacation leave only as it is earned. New employees shall not be eligible to use any vacation leave, without the expressed approval of the Chief of Police, until they have completed the field training program.

2.3 Employees may cash out up to forty (40) hours of accrued vacation leave once per calendar year in December. An Employee is eligible for this cash out option only if he/she has used at least eighty (80) hours of vacation leave in the previous twelve (12) month period and filed a vacation cash out request form with Human Resources no later than December 20 th
of the prior year. Payroll records will be used to determine whether or not an Employee has taken the required eighty (80) hours of vacation leave.

2.4 Effective July 1, 2026, employees who are hired with prior service with a public agency may have their prior years of public service counted towards their years of service for the calculation of vacation accrual with the city/district. A year of service will be calculated based on full-time service with such agency. This benefit may be applied to those who are currently employed with the city/district and did not have their prior service counted toward such calculation upon hire. Employees who were previously credited with a portion of their prior service will be eligible to have their previous service recalculated to include the entirety of their prior years of experience. As such, accruals will not be retroactively applied prior to this effective date.

Section 3 – Bereavement Leave

3.1 Employees shall receive three (3) paid working days and two (2) unpaid working days of leave for each occurrence of death or serious illness or accident determined to possibly lead to death in the immediate family. As determined by the employee the employee's sick leave, and/or other leave accruals, may be used to account for the two (2) unpaid days.

3.2 In the event five (5) days is insufficient time, an additional three (3) days may be granted, to be charged to the employee's sick leave and/or other leave accrual, to be determined by the employee. For the purpose of bereavement leave immediate family shall include spouse or registered domestic partner, child, parent, sibling, grandparent, grandchild, spouse's or domestic partner’s: child, parent, sibling, grandparent, grandchildren, and those who have been designated as the employee’s designated person in accordance with the California Family Rights Act. Other significant individuals such as aunts, uncles, cousins, and other persons are excluded without the specific approval of Human Resources. Bereavement shall be provided in accordance with state law and this leave

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20 shall not be accumulated and is in addition to sick leave and other leave accrual benefits.

Requests must be approved by the Chief of Police and Human Resources.

Section 4 – Sick Leave Accrual and Usage

4.1 Employees shall accrue sick leave at a rate of 4.33 hours per bi-monthly pay period that the employee is in a paid status of at least twenty (20) hours per week. There shall be no maximum accumulation of sick leave.

4.2 Refer to applicable state laws and/or sections of this MOU and the Personnel Rules & Regulations for permissible uses of accrued sick leave.

Section 5 – Discretionary Leave

5.1 Employees shall be entitled to thirty-two (32) hours of discretionary leave. Such time off shall be taken at the employee's discretion, contingent upon approval by the Chief of Police or designee. The hours shall be credited at the beginning of the fiscal year and may not be carried over to the succeeding fiscal year. Upon appointment, new employees shall receive this leave on a prorated basis at 2.66 hours for each month remaining in the fiscal year. No employee shall receive pay in lieu of this time off.

Section 6 - Leave Usage

6.1 The minimum allowable c ompensatory time off and vacation leave shall not be less than thirty (30) minutes. The minimum allowable sick leave and discretionary leave shall not be less than thirty (30) minutes.

Section 7 - Catastrophic Leave Donations

7.1 Employees covered by the Memorandum of Understanding are eligible to participate in a catastrophic leave donation program in accordance with the City of Foster City Catastrophic Leave Donation Policy.

Section 8 – Service Recognition Sabbatical – Sworn and Non-Sworn

8.1 In recognition of years of service, Employees will be eligible to participate in a Sabbatical Program which provides the number of leave hours indicated below:

At 5 years plus 1 day of service: 40 hours
At 10 years plus 1 day of service: 80 hours
At 15 years plus 1 day of service: 80 hours
At 20 years plus 1 day of service: 160 hours

This shall apply to employees whose corresponding anniversary occur prior to July 1, 2026.

Effective July 1, 2026, the sabbatical leave shall be modified as follows:

Years 5 and 10: 2 weeks
Years 15 and every 5 years thereafter: 4 weeks

The modified time shall be applied on prospective basis to employees who achieve their anniversary + one day on or after July 1, 2026.

The Sabbatical Program leave hours have no cash value and are not compensable upon termination of employment with the City/District. The sabbatical must be taken as paid time off within 36 months of achieving eligibility as defined below. The employee must take the sabbatical as an entire block of time and is responsible for ensuring the sabbatical is taken within the 36 month eligibility period. If the sabbatical is not used within the eligibility period, the sabbatical cannot be rolled over f or future use, except in exceptional circumstances as

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21 approved by the Police Chief. The sabbatical leave hours may be combined with other leave accruals, with the exception of sick leave, as approved by the Chief of Police.

Eligibility is determined by active years of service with the City/District in the positions of Police Officer, Police Corporal, Police Sergeant, Dispatcher, Lead Dispatcher, and Police Dispatch Supervisor. An employee becomes eligible for the Sabbatical Program only upon achieving their 5, 10, 15+ year anniversary plus one day of service with the City/District.

However, lateral hires , including those who were hired prior to the effective date of this MOU, who have completed their probationary period, may have their prior years of service, as defined within the longevity section 16.6 of this MOU, counted towards the sabbatical leave anniversary calculation on a prospective basis.

This sabbatical program is effective as of July 1, 2016, and is available throughout the term of this MOU.

Eligible employees must complete the Sabbatical Program Leave Request Form and submit it to the Police Chief for review and approval. Priority will be given to seniority in granting Sabbatical Program leave requests, particularly in cases of concurrent or overlappi ng requests. The approval of a sabbatical is dependent upon the operational needs of the Department and the Police Chief’s approval. In the event of an emergency or catastrophic event, an employee on a sabbatical leave is subject to recall.

Section 9 – Industrial Disability Leave - Non-Sworn

9.1 The City/District will pay full pay for the initial three (3) months to Non-Sworn employees who suffer industrial disabilities and are on authorized disability leave. During this period, the employee will accrue benefits and the City/District will continue to contribute to benefits as usual. Non-Sworn employee will pay the usual portion of benefits.

Worker's Compensation benefits will be integrated and checks endorsed to the City/District by employee. No use of sick leave will be required during the first three (3) months.

9.2 After the first three (3) months of Industrial Disability Leave, until the Non- Sworn employee is determined to be able to return to work or permanent and stationary and unable to return to work, the Non -Sworn employee may integrate Worker's Compensation benefits with unused sick leave to assure no loss of compensation. The continuing eligibility for Non- Sworn employee benefits will be determined in accordance with insurance contracts, state and federal law, and city policy after the first three months.

Section 10 – Other Leave Provisions

10.1 Other provisions regarding leaves are found in the City/District Personnel Rules.

ARTICLE V

ORGANIZATIONAL SECURITY

Section 1 - Dues Deduction

1.1 The City/District shall deduct Organization dues monthly at no charge from the pay of those employee members who have authorized in writing such deduction. The aggregate deduction of employee members shall be paid by check monthly to the Organization on a specified mutually agreeable date. The Organization and its employee members shall hold the City/District harmless against any claim which may be made by the Organization or any person as a result of deducting said dues.

ARTICLE VI

PROVISIONS OF LAW

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22 Section 1 - City/District Rights

1.1 Except as expressly limited by this MOU, and as thereafter amended or modified, it is understood and agreed by the Organization that the City/District retains all of its powers to direct, manage and control the affairs of the City/District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to:

Determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish City/District policies, goals and objectives; maintain the efficiency of City/District operations; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and contract out work. In addition, the City/District retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees.

Section 2 - Employee Rights

2.1 Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation in all matters of employer-employee relations, including but not limited to wages, hours, and other terms and conditions of employment.

Section 3 - Effect of Agreement

3.1 To the extent there is a conflict, it is understood and agreed that the specific provisions contained in the MOU shall prevail over City/District Rules, regulations, policies and procedures. It is further understood and agreed that in the absence of specific provisions in this MOU such City/District rules, regulations, policies, and practices shall remain in full force and effect.

3.2 The terms and conditions set forth in this MOU represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties written amendment to the MOU. During the term of this MOU, the City/District and the Organization agree that neither the City/District nor the Organization are obligated to meet and confer with respect to any subject matter covere d in their Agreement.

3.3 Existing benefits and working conditions within the scope of representation not referenced herein may be modified during the term of this MOU. The City/District will provide advance notice to the Organization of any proposed changes in benefits, working conditions, or other terms and conditions of employment not covered herein. The City/District shall meet and confer with the Organization before implementing a change; however, if no agreement can be reached through meet and confer with the Organizati on, the impasse procedures contained in the City's current Employer-Employee Relations Resolution shall apply.

3.4 It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this plan be administered and observed in good faith.

Section 4 - Separability

4.1 Notwithstanding any other provisions in this Agreement to the contrary, in the event that any Article or subsections thereof, of this Agreement be declared invalid by any Court of competent jurisdiction, or by any applicable state or federal law or regulation, or should a decision by any Court of competent jurisdiction, or any applicable state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the City, the parties shall meet -and-confer on the Article or subsections

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23 thereof affected. In such event, all other provisions of this Agreement not affected shall continue in full force and effect.

ARTICLE VII

MISCELLANEOUS TERMS AND CONDITIONS OF EMPLOYMENT

Section 1 – Contracting Out

1.1 As stated in the managerial rights clause, the City has the exclusive right to make decisions to contract out work. The City/District will notify the Unit if it contemplates contracting or subcontracting work customarily performed by classifications in the Unit; the Unit shall be given an opportunity to discuss the effect of the proposed action upon its members and, upon request, to propose an effective and economical alternative way in which such services could continue to be provided by the City/District 's own employees. In the event that the City/District decides to contract or subcontract work the City/District will 1) make reasonable efforts to transfer affected employees to positions for which they meet minimum qualifications, 2) pursue in a reasonab le manner obtaining employment for affected employees with the proposed contractor or subcontractor, and 3) provide thirty (30) days written notice to all affected employees prior to contracting work. However, the City/District does not guarantee employment in the event work is no longer performed by City/District employees.

Section 2 – Grievance Procedure

Employees are encouraged to use the problem resolution processes as a first step in resolving disputes within the department. However, should employees choose to pursue a formal grievance, the Grievance Procedure outlined in City/District Personnel Rule 15 shall apply.

The following matters are specifically excluded from consideration under the grievance procedure:

A. Determination and application of the procedures, qualifications, and standards of employment;
B. Budget and capital expenditures;
C. Items not subject to meet and confer;
D. Performance evaluations;
F. Disciplinary Actions (as defined by the Discipline Procedure contained in the City’s Personnel Rules);
G. Any items that are a managerial right;
H. Items that are expressly designated in this MOU as not subject to grievance.

Section 3 – Definitions

3.1 “Sworn employees” or “Sworn Personnel” refers to members of the bargaining unit who are serving in safety classifications. These classifications are Police Recruit, Police Officer, Police Corporal, and Police Sergeant. These employees may also be referred to as “Sworn Peace Officers.”

3.2 “Non-Sworn employees” or “Non-Sworn Personnel” refers to members of the bargaining unit who are serving in non- safety classifications. The three classifications of non- safety employees are Dispatch Supervisor, Lead Dispatcher and Police Dispatcher.

3.3 ‘Employees’ refer to sworn and non-sworn employees.

Section 4 – Employee Assistance Program

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24 4.1 The City/District and the Union have a mutual interest in the health and welfare of its employees. To this end, both parties will work cooperatively to utilize the employee assistance program in accordance with the City/District Employee Assistance Program Policy Statement and Implementation Guidelines. The City bears the full cost of the program and reserves the right to modify benefits and change providers of the EAP at its discretion, based on cost and service considerations. The City/District will give notice and seek input and fe edback from the Union prior to implementing changes in providers or benefits. State- registered domestic partners and their dependents as recognized and allowable by the EAP provider are considered eligible family members for EAP benefits.

Section 5 – Access to Personnel Files - Non-Sworn Personnel

5.1 The City/District shall retain one official personnel file on its Non-Sworn employees in its Human Resources Department. A Non-Sworn employee may review his/her own personnel file (with the exception of investigative data pertaining to a possible criminal offense and letters of reference) when Human Resources staff is available. The Non- Sworn employee may also by his/her written authorization, permit his/her Union representative to review his/her personnel file under the supervision of Human Resources staff. A Non-Sworn employee may request in writing and the Personnel Officer shall direct the removal from his/her file any written war nings, written reprimands or similar documentation older than three (3) years, providing no disciplinary action was taken and no similar conduct has occurred within that period.

A Non-Sworn employee may also request in writing that the Personnel Officer remove any allegedly derogatory or erroneous data from his/her file. The Personnel Officer shall give his/her decision as to the removal of such data within 10 calendar days.

Section 6 – Seniority

6.1 Seniority is based on hire/anniversary date as defined in the City/District Personnel Rules and Regulations.

6.2 Seniority will be a factor in determining vacations for employees.

6.3 Employees who separate from employment due to a catastrophic leave illness, in accordance with the Catastrophic Leave Policy, and after having exhausted their FMLA leave, who are subsequently rehired by the City in the same or equivalent position within 12 months of separation from employment, will have their previous seniority reinstated to the time which they stopped accruing seniority.

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25 ARTICLE VIII

TERM OF THIS MEMORANDUM OF UNDERSTANDING

The City/District and the Organization agree by their signatures hereto that the wages, hours, terms and conditions of employment contained herein are the result of bargaining in good faith and shall be continued in full force and effect during the term of this Memorandum of Understanding except as otherwise provided herein. Contingent upon ratification by members of the Organization and contingent upon adoption by the City Council/Board of Dir ectors of the City of Foster City/Estero Municipal Improvement District of a Resolution approving this Memorandum of Understanding, the term shall commence on July 1, 2026 and shall expire on June 30, 2029.

Representatives of the Representatives of the
City of Foster City / Foster City Police
Estero Municipal Improvement District Officers Association

___________________________________ ___________________________________ Stefan Chatwin Date Jenna Grimaldi Date

___________________________________ ___________________________________ Cory Call Date Marcus Terry Date

___________________________________ ___________________________________ Diane Pitman Date Cathy Lau Date

___________________________________ ___________________________________ Dawud Brewer Date Kristina Muratori Date

___________________________________
David Liu Date

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26 Attachment A

Recognition

The City hereby recognizes the Foster City Police Officers Association (FCPOA) as the sole and exclusive representative for the bargaining unit consisting of the following classifications:

Sworn: Non-Sworn

Police Sergeant Police Dispatch Supervisor
Police Corporal Lead Police Dispatcher
Police Officer Police Dispatcher
Police Officer Recruit

Salaries

Effective July 1, 2026, hourly wages for classes represented by the FCPOA shall be listed below:

Sworn:

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Police
Sergeant $79.3037 $83.2689 $87.4323 $91.8039 $96.3941 $101.2138 Police Corporal $72.4596 $76.0826 $79.8867 $83.8810 $88.0750 $ 92.4787 Police Officer $65.4882 $68.7626 $72.2007 $75.8107 $79.6012 $ 83.5813

Non Sworn: Step 1 Step 2 Step 3 Step 4 Step 5
Police Dispatch
Supervisor $66.5529 $69.8805 $73.3745 $77.0432 $80.8954 Police Lead
Dispatcher $59.5624 $62.5405 $65.6675 $68.9509 $72.3984 Police Dispatcher $54.0249 $56.7261 $59.5624 $62.5405 $65.6675 Police Officer
Recruit $61.9740 $65.2358

Attachment B

Benefit Allowances

Effective July 1, 2026, the monthly benefit allowances for classes represented by the FC POA shall be as listed below:

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27 Employee & Family Members
Enrolled in Medical Plan Choice
Effective
7/1/2026
No Plan $600
Employee Only $2,044
Employee + One $2,616
Employee + Two or More $3,137

Effective January 1, of each year of this Memorandum of Understanding the City’s contribution toward the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser Basic Premium Region 1 rate.

No Plan Contribution: To qualify for no plan contribution, employees must be enrolled in an employer-sponsored health plan (Group) and certify annually during open enrollment. Effective July 1, 2026, the no plan contribution amount shall be $600 a month for all enrollees on after this effective date.

Employees who are receiving no plan contribution as of June 30, 2026, shall be frozen at the monthly amount of $1544 for non-sworn and $1655 for sworn and shall remain at such amount for the duration of such election. Employees shall have no property rights to this contribution, therefore once they no longer qualify for the contribution, they shall not be entitled to this benefit amount and shall receive $600 upon reenrollment.

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

AND

THE FOSTER CITY POLICE OFFICERS ASSOCIATION

Effective July 1, 20263 to June 30, 20296

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TABLE OF CONTENTS
Contents
EFFECTIVE JULY 1, 2026 TO JUNE 30, 2029 ................................................................................ 0 ARTICLE I ......................................................................................................................................... 1 WAGES AND COMPENSATION ...................................................................................................... 1 SECTION 1 – WAGES ........................................................................................................................ 1 SECTION 2 – EDUCATIONAL/POST INCENTIVE PAY ........................................................................... 3 SECTION 3 – SPECIAL ASSIGNMENT PAY........................................................................................... 3 SECTION 4 – COURT TIME PAY ......................................................................................................... 4 SECTION 5 – HOLIDAY PAY ............................................................................................................... 5 SECTION 6 – HOURS OF WORK, OVERTIME PAY AND COMPENSATORY TIME ACCRUAL ....................... 6 SECTION 7 – UNIFORM ALLOWANCE ............................................................................................... 88 SECTION 8 – FLEXIBLE BENEFITS PLAN ...................................................................................... 1010 SECTION 9 – LONG TERM DISABILITY INSURANCE PREMIUM ......................................................... 1212 SECTION 10 – LIFE INSURANCE .................................................................................................. 1212 SECTION 11 – CALLBACK/ON-CALL PAY .................................................................................... 1212 SECTION 12 – SICK LEAVE PAYMENT .......................................................................................... 1313 SECTION 13 – DEFERRED COMPENSATION PLAN ......................................................................... 1313 SECTION 14 – 401(A)(H) PLAN ................................................................................................... 1313 SECTION 15 – VEBA PROGRAM ................................................................................................. 1414 SECTION 16 – LONGEVITY RECOGNITION PROGRAM AND LONGEVITY INCENTIVE PAY ................... 1616 SECTION 17 – WELLNESS STIPEND ............................................................................................. 1717 SECTION 18 - PAY FOR WORK IN HIGHER CLASS - NON-SWORN .................................................. 1717 SECTION 19 – RETIREMENT HEALTH SAVING ACCOUNT (RSHA) ................................................. 1818 ARTICLE II .................................................................................................................................. 1818 CLASSIFICATION PLAN ............................................................................................................ 1818 SECTION 1 – POLICE RECRUIT .................................................................................................... 1818 SECTION 2 – PROBATIONARY PERIOD ......................................................................................... 1919 ARTICLE III ................................................................................................................................. 1919 BRIEFING PERIOD & DAY LIGHT SAVINGS TIME .................................................................. 1919 SECTION 1 – FIFTEEN MINUTE BRIEFING PERIOD ......................................................................... 1919 SECTION 2 – DAY LIGHT SAVINGS TIME ...................................................................................... 1919 ARTICLE IV ................................................................................................................................. 2020 VACATION AND OTHER LEAVES ............................................................................................ 2020 SECTION 1 – VACATION ACCRUAL .............................................................................................. 2020 SECTION 2 – VACATION ACCUMULATION ..................................................................................... 2121 SECTION 3 – BEREAVEMENT LEAVE ............................................................................................ 2222 SECTION 4 – SICK LEAVE ACCRUAL AND USAGE ......................................................................... 2323 SECTION 5 – DISCRETIONARY LEAVE .......................................................................................... 2424 SECTION 6 - LEAVE USAGE ......................................................................................................... 2424 SECTION 7 - CATASTROPHIC LEAVE DONATIONS ......................................................................... 2424 SECTION 8 – SERVICE RECOGNITION SABBATICAL – SWORN AND NON-SWORN ........................... 2424 SECTION 9 – INDUSTRIAL DISABILITY LEAVE - NON-SWORN ......................................................... 2525 SECTION 10 – OTHER LEAVE PROVISIONS................................................................................... 2525 ARTICLE V .................................................................................................................................. 2525 ORGANIZATIONAL SECURITY ................................................................................................. 2525 SECTION 1 - DUES DEDUCTION ................................................................................................... 2525

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ii
ARTICLE VI ................................................................................................................................. 2525 PROVISIONS OF LAW ............................................................................................................... 2526 SECTION 1 - CITY/DISTRICT RIGHTS ............................................................................................ 2626 SECTION 2 - EMPLOYEE RIGHTS ................................................................................................. 2626 SECTION 3 - EFFECT OF AGREEMENT .......................................................................................... 2626 SECTION 4 - SEPARABILITY ......................................................................................................... 2626 ARTICLE VII ................................................................................................................................ 2727 MISCELLANEOUS TERMS AND CONDITIONS OF EMPLOYMENT ....................................... 2727 SECTION 1 – CONTRACTING OUT ................................................................................................ 2727 SECTION 2 – GRIEVANCE PROCEDURE ........................................................................................ 2727 SECTION 3 – DEFINITIONS ........................................................................................................... 2727 SECTION 4 – EMPLOYEE ASSISTANCE PROGRAM ........................................................................ 2727 SECTION 5 – ACCESS TO PERSONNEL FILES - NON-SWORN PERSONNEL ..................................... 2828 SECTION 6 – SENIORITY ............................................................................................................. 2828 ARTICLE VIII ............................................................................................................................... 2929 TERM OF THIS MEMORANDUM OF UNDERSTANDING ........................................................ 2929 ATTACHMENT A ........................................................................................................................ 3030 RECOGNITION ............................................................................................................................ 3030 SALARIES .................................................................................................................................. 3030 ATTACHMENT B ........................................................................................................................ 3131 BENEFIT ALLOWANCES .............................................................................................................. 3131

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1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

AND THE FOSTER CITY POLICE OFFICERS ASSOCIATION

EFFECTIVE JULY 1, 20263
EXPIRES JUNE 30, 20296

This Memorandum of Understanding is entered into by the City of Foster City/Estero Municipal Improvement District (hereinafter referred to as the City/District) and the Foster City Police Officers Association (hereinafter referred to as the Organization FCPOA and/or POA) pursuant to and subject to Section 3500 et. Seq. Of the Government Code of the State of California. The City/District acknowledges that the Foster City Police Officers Association is the recognized employee organization which, within the scope of representation, represents the bargaining unit consisting of all permanent full-time employees in the classifications listed in Appendix A - Recognition below.

Hereinafter “Employees” shall mean employees serving in classifications assigned to the Foster City Police Officers Association bargaining unit as defined above.

ARTICLE I

WAGES AND COMPENSATION

Section 1 – Wages

1.1 Effective July 1June 30, 20263, wages for all bargaining unit classifications represented by the FCPOA shall be as set forth in Attachment A.

1.2 Effective July 1, 20263, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 20252 to April 20263 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

Market Equity Adjustments:

Effective July 1, 2026, in addition to the above salary increases the following classifications shall receive a market adjustment as indicated:

Police Officer, Police Corporal, Police Sergeant: Five percent (5%) Police Dispatcher & Police Lead Dispatcher: two and one-half percent (2.5%) Police Dispatcher Supervisor: Five Percent (5%)

Salary Range Modification:

1.21.3 Effective July 1, 2027, the classifications of Police Officer, Police Corporal, and Police Sergeant shall receive a five percent (5%) across the board increase to the base salary.

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2 Effective July 1, 2027, an across the board increase for the classifications of Police Dispatcher, Police Lead Dispatcher, and Police Dispatcher Supervisor Effective July 1, 2024, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 20263 to April 20274 (Urban) with a minimum of threefour percent (43.0%) and a maximum of five percent (5.0%).

1.4 Effective July 1, 2028, the classifications of Police Officer, Police Corporal and Police Sergeant shall receive a five percent (5%) across the board increase to the base salary.

1.31.5 Employees PERS contributions shall be administered in accordance with Internal Revenue Code Section 414(h)(2).

1.41.6 The City/District shall contract with the Public Employees Retirement System (PERS) to provide the Fourth Level of 1959 Survivor Benefits (Section 21382.4). For Employees hired before January 1, 2013, the City/District shall continue to contract with PERS to provide the Military Service Credit.

1.51.7 The City/District shall contract with the Public Employees Retirement System (PERS) to provide the improved non-disability retirement option (Section 21427) for the Sworn employees.

1.61.8 The City/District contracted with PERS to provide the enhanced Public Safety benefit formula 3% @ 50 (Section 21362.2) effective July 1, 2002. All sworn employees hired on or before December 31, 2011 will continue to be afforded the 3%@50 retirement benefit formula. Effective January 1, 2012, the City will no longer offer 3%@50 benefit formula. All sworn employees hired on or after January 1, 2012 will be afforded a 2%@50 retirement benefit formula. Effective January 1, 2013, the Public Employees’ Pension Reform Act (PEPRA) requires new Safety Employees to enroll in the 2.7%@57 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36-month period. This new retirement tier applies only to a new member. A new member is (a) someone who has never been in P.E.R.S or a reciprocal retirement system or (b) someone previously in P.E.R.S or a reciprocal retirement system, but who has a gap of at least six (6) months since being covered by any of those pension systems. PERS refers to Employees hired before January 1, 2013 as classic members.

The Police/Fire Dispatchers, Lead Dispatcher and Dispatch Supervisor classifications shall receive the 2.7%@ 55 retirement plan for miscellaneous employees. Effective January 1, 2013, the City/District no longer offered the 2.7%@55 retirement benefit formula to new Employees. All miscellaneous Employees hired on or before December 31, 2012 will continue to be afforded the 2.7%@55 retirement benefit formula. Effective January 1, 2013, the Public Employees’ Pension Reform Act (PEPRA) requires new miscellaneous Employees to enroll in the 2%@62 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36-month period. This new retirement tier applies only to a new member. A new member is (a) someone who has never been in PERS or a reciprocal retirement system or (b) someone previously in PERS or a reciprocal retirement system, but who has a gap of at least six (6) months since being covered by any of those pension systems. PERS refers to Employees hired before January 1, 2013 as classic members.

1.71.9 The parties agree that Classic Employees will pay/contribute 0.5% of base pay toward the Employer’s PERS contribution rate.

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3 1.10 The above listed wages include $13.00 per month of PERSable income in lieu of providing an LTD insurance program for FCPOA sworn members.

Section 2 – Educational/POST Incentive Pay

Employees employed as Sworn Peace Officers and Dispatchers in the City/District shall be eligible for monthly educational incentive pay in addition to their monthly base pay for meeting the qualifications listed below. Promotional probation is exempted and no loss of incentive pay shall result from promotion within City/District service. Pay shall commence upon approval of a request for incentive pay. Pay will and shall not be retroactive to date of eligibility.

Sworn
$3255% Bachelor’s Degree OR Intermediate POST Certificate Sworn Peace Officer $50010% Master’s Degree OR Advanced POST Certificate Sworn Peace Officer Shall not exceed ten percent (10%)

Dispatch
$100 Basic POST Certificate Dispatcher
$2002% Intermediate POST Certificate Dispatcher

5.5%$300 Advanced POST Certificate Dispatcher
Shall not exceed five and a half percent (5.5%)

The percentage listed above shall be additive and shall not compound with any other incentive.

Effective July 1, 2024 the above amounts for Sworn Peace Officer will be deleted and the following schedule will apply.

Possession of a Bachelor’s Degree OR P.O.S.T. Intermediate Certificate shall qualify a Sworn Peace Officer for three and one-half percent (3.5%) of his or her basic salary.

Possession of a Master’s Degree or P.O.S.T. Advanced Certificate shall qualify a Sworn Peace Officer for seven percent (7%) of his or her basic salary.

Section 3 – Special Assignment Pay

3.1 Motorcycles – Sworn Peace Officers with the rank of Police Officer who is routinely and consistently officially assigned by the Chief of Police as a Motorcycle Officer shall be compensated by an additional $275five percent (5%) per month above their base pay for the period during which the duties of the special assignment are being performed.

3.2 Field Training Officer – Sworn Peace Officers with the rank of Police Officer temporarily assigned Field Training Officer duties shall be compensated at the rate of five percent

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4 (5%)$2.00 per hour above their base pay for those hours worked as a Field Training Officer when actively engaged in training a recruit or lateral officer as assigned by the Chief of Police or designee.

3.3 Canine Handler – Any Sworn Peace Officers officially assigned by the Chief of Police as a canine handler shall receive a canine handler premiumallowance of $275five percent (5%) above their base rate of pay per month above base pay for the care, feeding, and basic obedience training of the canine occurring during off-duty hours.

3.4 Bilingual Pay – Employees in represented classifications are routinely and consistently assigned to positions requiring communication skills in languages other than English.

Employees officially assigned by the Chief of Police to provide Bi-Lingualbilingual services shall receive Bi-Lingualbilingual pay in the amount of five percent ( 5.00%) per month above their base rate of pay per month. Employees will be assigned upon successful completion of a certification process as determined by the Chief of Police. Certification shall be obtained at a fluency level not less than “conversational.” Non-English languages which are eligible for Bi-Lingualbilingual pay shall be established at the discretion of the Chief of Police and based upon US Census or other reliable demographic statistics for ethnic groups representing no less than five percent (5%) of the population of Foster City.

3.5 Dispatcher Special Training Assignment Pay - Police/Fire Dispatchers temporarily assigned to perform dispatch training for dispatchers shall be compensated at the rate of $2.00five percent (5%) per hour above base pay for those hours worked as assigned by the dispatch supervisor or sworn management personnel.

3.6 Night Shift Differential – Effective July 1, 2026, employees who are assigned to swing or night shifts, and work a minimum of four (4) hours between 5:00 pm and 7:00 am, shall receive an additional five percent (5%) above their base rate of pay for all hours worked during swing and night shift.

Additionally, this premium pay shall not be paid when an employee is on paid leave, i.e. administrative leave, vacation, sick, discretionary time, compensatory time, or any other type of leave.

3.9 Special Weapons And Tactics (SWAT)- Sworn Peace Officers who are assigned by the Chief of Police as a member of SWAT shall receive three percent (3%) above their monthly base rate of pay during the term of the assignment.

Special Assignment Pay shall be additive and shall not be compounded with any other type of pay or incentive.

Section 4 – Court Time Pay

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5 shift in which case the Sworn Peace Officer shall receive two (2) hours of overtime pay. In the event that the time of court appearance falls within less than one hour after the end of his/her scheduled shift, the Sworn Peace Officer shall receive a minimum of two (2) hours of overtime pay. One hour of the minimum pay is in recognition of personnel using their personal vehicle for transportation to and from court. In the event that the employee uses a City vehicle, which may only be granted by Watch Commander approval, the officer shall receive three hours for non-concurrent appearances. Dispatch Supervisor, Lead Police Dispatcher and Police/Fire Dispatcher subpoenaed to court in their capacity as an employee of the City/District during off-duty hours shall receive a minimum of four (4) hours paid at a rate of time and one-half. However, if the scheduled court appearance falls within one hour prior to the commencement of his/her scheduled shift, or within one hour after the end of his/her scheduled shift, the employee shall receive a maximum of two (2) hours paid at a rate of time and one-half. The benefits conferred in this Section are intended to provide the benefits pursuant to California Government Code §68096.1. An employee is only eligible for this pay when (s)he is testifying on the City/District’s behalf or otherwise ordered to by the City/District. In no event is the employee entitled to benefits or pay when the City/District is a party opponent, except where the employee is testifying about an investigation that employee performed at the direction of the City’s Risk Manager or Police Chief in conjunction with the City’s Risk Management Program. Any other exception provided by the statutory provisions also applies.

If the Officer’s court appearance is cancelled within 12 hours of the scheduled appearance the Officer will receive the above appropriate pay.

4.2 Employees required to be on telephonic standby for purposes of appearing in court during off duty hours, pursuant to a subpoena or at the direction of the District Attorney or the City Attorney shall be paid standby pay at one-half (1/2) of their overtime pay, as defined in Section 6 – Overtime Pay and Compensatory Time Accrual, Subsection 6.1, to a maximum of four (4) hours pay per day.

4.3 Sworn Peace Officers required to provide telephonic or virtual testimony during off- duty hours pursuant to a subpoena for a Department of Motor Vehicles hearing shall be paid standby pay at half (1/2) of their overtime pay to a maximum of four (4) hours pay, with a minimum of two (2) hours of overtime pay.

4.4 Premium pay pursuant to Sections 4.1, 4.2 and 4.3 shall not be earned concurrently.

Section 5 – Holiday Pay

5.1 All Sworn Peace Officers are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays. Sworn Peace Officers shall receive holiday in-lieu pay in the amount of five point eight-five percent (5.485%) of their base pay in-lieu of twelve thirteen (132) City/District recognized holidays.

Officers wishing to take a holiday off will need to use available leaves.

5.2 Recruit Officers attending the police academy shall not receive holiday in-lieu pay and will not be required to work on the holidays. When a recruit officer begins the field-training program they shall be eligible for holiday in-lieu pay.

5.3 Dispatch Supervisor, Lead Police Dispatcher and Police/Fire Dispatchers, whose regular schedule requires them to work on a holiday shall receive holiday premium pay in the amount of one additional day of pay (8, 10, or 12 hours determined by the assigned shift) at time and one half for each holiday worked. If the holiday falls on a scheduled day off, the employee shall have the choice to be paid for one additional day of pay (8, 10, 12 hours determined by the assigned shift) of straight time at their regular rate, or can accrue comp time in lieu of straight time of pay. Dispatch Supervisor, Lead Police Dispatcher and

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6 Police/Fire Dispatchers who work a holiday that is not part of their regular schedule shall receive overtime pay for the hours worked, in addition to holiday off pay as defined aboveherein. Dispatch Supervisor, Lead Police Dispatcher and Police/Fire Dispatchers who request and are approved the day off on a regularly scheduled holiday may do so without use of accrued leave.

For purposes of determining eligibility for premium pay for work on a holiday, the authorized holiday shall be defined as the actual day of the holiday, Tthey are as follows:

New Year's Day, January 1
Martin Luther King, Jr. Day, third Monday in January
Washington's Birthday, third Monday in February
Memorial Day, last Monday in May
Juneteenth, June 19
Independence Day, July 4
Labor Day, first Monday in September
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in November
Day after Thanksgiving, fourth Friday in November
Christmas Eve, December 24
Christmas Day, December 25
New Year’s Eve, December 31

Section 6 – Hours of Work, Overtime Pay and Compensatory Time Accrual

6.16.4 Overtime: Employees who work overtime shall receive overtime pay which is defined as one and one-half times the employee's regular rate of pay (i.e., base pay plus educational applicable incentive pay and special assignment pay pursuant to Article I, Sections 2 and 3). Supervisor approval must be secured before the employee works overtime.

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7 A Sworn employee who is required to work in excess of regularly scheduled working hours during any one work day shall be compensated for such overtime worked in fifteen minute increments. Optionally, a sworn employee may elect to apply earned overtime to compensatory time hours. Compensatory time accumulation is subject to the provisions of

6.3 below. The final decision to pay overtime or grant compensatory time off is at the sole discretion of the department headChief of Police or designee.

A non-sworn employee who is required to work in excess of the regular working hours during any one work day or who is required to attend a meeting not held during regular working hours, shall be compensated by overtime pay at the rate of one and one-half times the employee’s straight base rate of pay (e.g., base pay) or by compensatory time off at the rate of one and one-half times the hours worked. The final decision to pay overtime or grant compensatory time off is at the sole discretion of the Chief of Police or designee.

All work in excess of regular working hours shall be subject to prior approval of the department headChief of Police or designee. When hours are worked in excess of the regular working hours during one day and are subject to reimbursement by an outside entity or government agency, hours shall be paid as overtime and not compensatory leave time.

6.26.5 Employees may accumulate compensatory time off up to a maximum of 120 hours. There will be two pay off periods during the year and employees may carry over a maximum of 40 (26.7 hours at time and one-half) hours comp time into the following year.

A. Employees must notify the City by May 15th if they want any/all of their accumulated comp time balance paid off on the June 5th paycheck. Employees who fail to specify any pay off will have their entire balance carried over.

B. Employees must notify the City by November 15th if they want any of their comp time carried over to the following year. Employees who fail to specify any carry over will be paid off for their entire balance on the December 5th paycheck. Employees may only carry over 40 hours to the following year and any remaining comp time must be paid off on the December 5th paycheck.

6.36.8 Hours Off Between Shifts - When non-sworn employees are scheduled to work shifts which have been changed, to accommodate business needs of the City/District, eight (8) hours of off-duty time will be scheduled between shifts. If eight (8) hours of time between shifts cannot be granted, all time worked on the second shift shall be paid at the overtime rate of time-and-one-half. Any release time necessary to provide eight (8) hours between shifts will be paid at straight time.

Hours off between shifts shall also apply to non-sworn employees attending training, meetings, conferences or any other job related event in which an employee is required to be present.

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8 Section 7 – Uniform Allowance

7.1 Purpose – Uniform allowance for Sworn employees shall be for purchase and maintenance of uniforms, footwear and other necessary equipment. Employees shall be required to adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department. Uniforms and footwear shall become the property of the employee after purchase and shall not be returned to the City/District in lieu of repaying any prorated uniform allowance upon termination. Effective July 1, 2016, the City will be responsible for protective vests within department specifications.

7.1.1 Protective Vests
The City/District shall provide Sworn Peace Officers with protective vests of a type approved by the Chief of Police.

7.1.2 Decisions on who receives a replacement vest each year will be based on the following criteria and prioritized in this order:

1. New hire needing a fitted vest

2. Condition of current vest

3. Age of current vest

4. Seniority

7.1.23 In no case shall any vest be in service longer than eight (8) years of cumulative active use, unless the manufacturer's warranty exceeds that period. Active use is considered as sustained (day-to-day without interruption) use. Vest actively used without interruption for five (5) years will be inspected and considered for replacement per schedule in 7.1.2. Periods of infrequent or intermittent use or of non-use can extend the useful life of a ballistic vest through the end of the eight year term.

Such safety equipment and any and all replacements furnished by the City/District shall remain the property of and under the control of the City/District.

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9 k. 1 Pair of patrol boots, (lateral employees only), not to exceed $200

Upon graduation from the Police Academy, each police recruit will receive the initial uniform allowance.

7.2 Newly appointed Sworn employees upon being required to wear a uniform shall receive either a uniform stipend or Department issued uniforms. Such determination shall be at the discretion of the Chief of Police. New hires shall not be entitled to any additional uniform allowance during the first year of employment with the City/District. Upon completion of one- year (1) as an employee, such employee shall receive seventy-five dollars ($75) per month for each month of service to be completed between the end of the first year of employment and the next July.

7.3 7.4 After completing the first year of service, continuing uniform allowance shall apply as provided below.

7.5 7.67.3 Sworn Continuing Uniform Allowance – Each year in the month of July the City/District shall pay to each Sworn employee who is required to wear a uniform the sum of nine hundred dollars ($900). Sworn employees who terminate City/District employment for any reason shall be entitled only to compensation at the rate of seventy-five dollars ($75) for each month of service in the fiscal year and shall reimburse the City/District a prorated amount of seventy-five dollars ($75) for each month of service not completed by deduction from the employee’s final paycheck.Effective July 1, 2026, Each year in the month of July the City/District shall pay to each Ssworn employee who is required to purchase, wear, maintain uniforms, footwear, and other necessary equipment the sum of nine one thousand twelve hundred dollars ($1200900) per fiscal year which shall be paid as fifty dollars ($50) per bi- monthly paycheck. Employees shall be required to adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department.

7.4 Dispatchers:

Newly hired employees in the classifications of Police Dispatchers, Lead Dispatcher, or Dispatch Supervisor shall be for the Employees who are required to wear a uniform, as determined by the Chief of Police or designee, dDuring the course of their employment they shall be provided with the following items: Uniforms and footwear shall become the property of the employee after purchase and shall not be returned to the City/District in lieu of repaying any prorated uniform allowance upon terminat a. Badge
b. Name Tag
c. 1 Long sleeve Class A uniform shirt w/patch
d. 2 Class D uniform shirts with embroidered star
e. 1 Class D jacket or sweatshirt with embroidered star, not to exceed $200 f. 1 Ppair of Class A uniform pants
g. 1 Belt
h. 1 Tie and Tie Bar
i. 1 pair of Class A shoes, not to exceed $200

7.5 Dispatch Continuing Uniform Allowance
Effective July 1, 2026, the City/District shall pay to each non-sworn employee who is required to purchase, wear, and maintain uniforms, footwear and other necessary equipment, a uniform allowance of six hundred dollars ($600) per fiscal year which shall be paid as twenty-five dollars ($25) per bi-monthly paycheck. Employees shall be required to

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10 adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department.

7.7 Uniform allowance for Dispatch Supervisor, Lead Police Dispatcher and Police/Fire Dispatchers shall be for purchase and maintenance of uniforms, footwear and other necessary equipment. Employees shall be required to adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department. Uniforms and footwear shall become the property of the employee after purchase and shall not be returned to the City/District in lieu of repaying any prorated uniform allowance upon termination.

7.8 7.9 Newly appointed employees shall upon completion of the second pay period after the initial date of employment or upon completion of the second pay period occurring after being required to wear a uniform, receive $400 per fiscal year towards the initial uniform and footwear expense. New hires shall not be entitled to any additional uniform allowance during the first year of employment with the City/District. Upon completion of one (1) year as an employee, such employee shall receive $33.33 per month for each month of service to be completed between the end of the first year of employment and the next July.

Employees eligible for initial uniform allowance who terminate before completing one (1) year of service shall reimburse the City/District a prorated amount of $33.33 for each month of service not completed by deduction from the employee's final paycheck. After completing the first year of service, Continuing Uniform Allowance shall apply as provided below.

7.10 7.11 In July of each calendar year, the City/District shall pay to each employee who is required to wear a uniform, the sum of $400 per fiscal year. Employees who terminate City/District employment for any reason shall be entitled only to compensation at the rate of $33.33 for each month of service in the fiscal year and shall reimburse the City/District a prorated amount of $33.33 for each month of service not completed, by deduction from the employee's final paycheck.

7.8 Uniform and Personal Property Reimbursement

Section 8 – Flexible Benefits Plan

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11 (City dollars) as defined for employees that elect to participate in a City/District-sponsored health plan, one-half (1/2) of the City/District contribution will be made to eligible employees on each bi-monthly paycheck for allocation to health, dental, health care flexible spending account and dependent care flexible spending account. Eligible employees shall receive a City/District contribution for each paycheck on which the employee is paid for forty (40) or more hours, during an approved leave of absence, if required by state and federal law, or while suspended from service without pay.

Employees who are paid less than forty (40) hours on a paycheck may continue elected coverage limited to the City/District’s medical, dental, and vision plans for up to six (6) months or the period of time permitted by Consolidated Omnibus Budget Reconciliation Act (COBRA), whichever is greater, by personal remittance or other arrangement for payment of the full premiums of any insurance elected to be continued. The City/District shall offer a Flexible Benefits Plan and make monthly contributions for employee benefit allowances for allocation to health, dental, health care flexible spending account and dependent care flexible spending account. Effective January July 1, 20226 group benefit allowances for classes represented by the POA shall be as set forth in Attachment B.

8.3 Sworn Plan participants will pay the administrative costs of the program to a maximum of $15.00 per month. A plan participant is defined as any member for whom the third partythird- party plan administrator charges a fee. Non-sworn members do not pay the administrative costs of the flexible benefits plan.

8.4 Employees who have left over benefit allowance available after deducting all selected plan premium amounts may choose to either:

A. Allocate remaining funds into one or more reimbursement accounts: or

B.C. Receive the amount as taxable compensation.

8.6 Family members include state-registered domestic partners and their dependents as recognized by the State of California.

8.7 Dental and Vision – Effective January 1, 2027, the City/District shall pay 100% of the premiums for both dental and vision, which shall include the employee and any covered dependents.

8.8 No Plan Contribution: To qualify for no plan contribution, employees must be enrolled in an employer-sponsored health plan (Group) and certify annually during open enrollment.

Effective July 1, 2026, the no plan contribution amount shall be $600 a month for all enrollees on after this effective date.

Employees who are receiving no plan contribution as of June 30, 2026, shall be frozen at the monthly amount of $1544 for non-sworn and $1655 for sworn and shall remain at such

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12 amount for the duration of such election. Employees shall have no property rights to this contribution, therefore once they are no longer qualified for the contribution, they shall not be entitled to this benefit amount and shall receive $600 upon reenrollment.

8.6 At such time as regulations are issued implementing the Affordable Care Act, the City of Foster City and Foster City Police Officers Association will meet and confer to review the impact of such regulations on the benefits plans then in force. If modifications to the benefits, eligibility for coverage, employer or employee contribution to the cost of insurance or any other provisions of the benefit plans covered by this MOU will be modified by the ACA during the term of this agreement, it is agreed that the City of Foster City and Foster City Police Officers Association will reopen the contract to meet and confer and determine how such mandated changes will be implemented.

Section 9 – Long Term Disability Insurance Premium

9.2 The City/District shall pay the full premium amount necessary to provide Long Term Disability (LTD) insurance for non-sworn employees.

9.3 For Sworn employees reference Section 1.6

Section 10 – Life Insurance

10.1 Sworn employees shall be provided with life insurance of $50,000 plus the same amount of Accidental Death and Dismemberment (AD&D), with the premium to be paid in full by the City/District.

Section 11 – Callback/On-Call Pay

11.1 Callback – Sworn Peace OfficersEmployees recalled to work outside of and not continuous with an employee’s regularly scheduled hours of work called back to work during non-duty hours shall receive a minimum of three (3) hours, or one (1) hour if held virtually, of overtime pay if hours exceed the regular work week provided, however, that overtime worked as an extension of a normal shift shall not be subject to the three (3) hour minimum. If callback occurs within three (3) hours of the start of the scheduled shift, compensation shall be overtime pay for actual hours worked until the start of the scheduled shift. An employee shall not receive additional three (3) hours payments for multiple callbacks that occur within the three (3) hour period. Pay shall include hours worked only and shall exclude any travel time.

Foster City City CouncilJune 1, 2026

Foster City City Council
June 1, 2026