TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, June 24, 2026
7:00 PM
MAYOR: Craig Taylor
VICE MAYOR: Mary Hufty
COUNCILMEMBERS: Rebecca Flynn, Judith Hasko, Helen Wolter
A G E N D A
HISTORIC SCHOOLHOUSE - 765 Portola Road, Portola Valley, CA 94028 Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please submit your public comments by using the online form, by 1:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to the Portola Valley Town Council for consideration during the meeting and included in the public record. Members of the public may also provide comments in person at the meeting. The agenda and staff report will be posted on the Town’s website by approximately 5:00 PM the Friday prior to the meeting. Additionally, technology permitting, the public body will take questions using the Raise Hand button for those who attend the meeting online or by phone. The Mayor will call on people to speak by the phone number calling in. Remote participation is provided as a supplemental way to provide public comment, but this method does not always work. The public is encouraged to attend in person to ensure full participation.
In-Person Public Comments: Please fill out and submit a Public Comment card to the Town Clerk or Mayor prior to speaking. The Mayor will call your name at the appropriate time. Each speaker's time is limited to three (3) minutes. The Mayor reserves the right to limit speaker's time, depending upon the number of speakers or other circumstances.
Assistance for People with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700 or by email at [email protected]. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
VIRTUAL PARTICIPATION VIA ZOOM
To access the meeting by computer:
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Passcode: 048294
To access the meeting by phone:
1-669-900-6833 or 1-888-788-0099 (toll-free)
Mute/Unmute - Press *6 / Raise Hand - Press *9
1 1. CALL TO ORDER
2. ANNOUNCEMENT OF REMOTE ATTENDANCE / ROLL CALL
3. PRESENTATIONS / PROCLAMATIONS
a. Proclamation for Ethan Radford for his Appointment to the United States Naval Academy b. Presentation from the San Mateo County Mosquito and Vector Control District Regarding Services to the Town and the Presentation of a Proclamation for Mosquito Awareness Week c. Presentation by PG&E
4. TOWN MANAGER REPORT
5. ORAL COMMUNICATIONS
6. CONSENT AGENDA
a. Approve Special Meeting Minutes of June 10, 2026
b. Approve Regular Meeting Minutes of June 10, 2026
c. Approve Warrant List for June 24, 2026
d. Approve and Authorize the Mayor to Execute the Law Enforcement Services Agreement Between the County of San Mateo and the Town of Portola Valley e. Approve and Authorize the Mayor to Execute a Professional Consultants Agreement for OnCall Engineering and Construction Project Management Services with Interwest Consulting Group, Inc.
f. Approve and Authorize the Mayor to Execute a Professional Services Agreement for On-Call Planning, Building, Code Enforcement, and Engineering Services with CSG Consultants, Inc. g. Approve and Authorize the Mayor to Execute a Professional Consultant Services Agreement for On-Call Building Permit Technician Consulting Services with Shums Coda Associates h. Approve and Authorize the Mayor to Execute a Professional Consultant Services Agreement for On-Call Planning Services with Good City Company
i. Approve and Authorize the Mayor to Execute a Professional Consultant Services Agreement for On-Call Geotechnical and Engineering Services with Cotton Shires and Associates, Inc. j. Adopt Resolution for Fiscal Year 2026-2027 Woodside Highlands Road Maintenance District Tax Assessment
k. Adopt a Resolution for Fiscal Year 2026-2027 Wayside II Road Maintenance District Tax Assessment
There are no written materials, and the Town Council does not take action under this agenda item.
Persons wishing to address the Town Council on any not on the agenda or related to Presentations/Proclamations or the Town Manager Report subject may do so now. Please submit a speaker’s slip located at the front of the room to the Town Clerk or Mayor, prior to speaking. Please note the Council is not able to undertake extended discussion or action on items not on the agenda. Each speaker’s time is limited to three (3) minutes.
2 l. Adopt a Resolution Calling for a General Municipal Election to be Held on November 3, 2026; Requesting the County of San Mateo Board of Supervisors to Consolidate Said Election with the Statewide General Election; and Approving and Authorizing the Town Manager to Execute a Services Agreement with the County of San Mateo for Specified Services Relating to Conducting a General Municipal Election
m. Adopt a Resolution Authorizing Town Participation in the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) Employment Risk Management Authority (ERMA) n. Approve and Authorize the Mayor to Sign a Letter of Support for the Midpeninsula Regional Open Space District Application for a CAL FIRE Wildfire Prevention Grant for a Wildland Fire Fuels Reduction Project in the Coal Creek Open Space Preserve o. Adopt a Resolution Adopting a List of Projects for Fiscal Year 2026-27 Funded by SB 1: The Road Repair and Accountability Act of 2017
7. PUBLIC HEARING
a. Hold Public Hearing and Consider Adoption of a Resolution Adopting the Recreation Fees in the Master Fee Schedule Update
b. Hold Second Public Hearing Regarding Proposed Adoption of a Town Charter
8. REGULAR AGENDA
a. Consider a Resolution Adopting the Fiscal Year 2026-27 Operating and Capital Project Budget
b. Consider a Resolution Establishing the Gann Appropriations Limit for Fiscal Year 2026-27 c. Consider Authorizing and Providing Direction to the Mayor to Complete the Ballot for the Westridge Architectural Supervising Committee 2026 Reinstatement of the Protective Restrictions, Conditions, Covenants, and Agreements for the Westridge Area d. Receive Update and Provide Direction to Staff on the Draft Housing Element Amendment and Consider Authorizing Staff to Submit the Draft Housing Element Amendment to the State Department of Housing and Community Development
9. COUNCIL SUBCOMMITTEE, LIAISON COMMITTEE, AND REGIONAL AGENCIES REPORTS a. 06/08/2026 Geologic Safety Committee Liaison Memo
b. 06/17/2026 Trails and Paths Committee Liaison Memo
c. 06/18/2026 Wildfire Preparedness Committee Liaison Memo
10. ADJOURNMENT
Oral and written reports arising out of Council subcommittee and liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.
The next Regular Town Council meeting will be held on July 8, 2026.
Land Acknowledgement:
3 #8a and 8b reports were published by June 21, 2026 7:00 p.m.
The Town of Portola Valley acknowledges the colonial history of this land we dwell upon the unceded territory of the Ramaytush (rah-my-toosh) Ohlone, Tamien Nation, and Muwekma (mah-WEK- mah) Ohlone, who endured a human and cultural genocide that included removal from their lands and their sacred relationship to the land. Portola Valley recognizes that we profit from the commodification of land seized from indigenous peoples and now bear the ecological consequences. We seek to understand the impact of these legacies on all beings and to find ways to make repair. 4 PROCLAMATION
Recognition of Ethan Radford for Acceptance into
the United States Naval Academy
WHEREAS, Ethan Radford has distinguished himself through exceptional dedication to academic excellence, physical fitness, and civic leadership; and WHEREAS, Ethan has earned the prestigious and highly competitive appointment to the United States Naval Academy in Annapolis, Maryland, as a member of the Class of 2026; and
WHEREAS, Ethan has demonstrated outstanding character, commitment to duty, and a profound desire to serve our country as a future commissioned officer in the United States Navy; and
WHEREAS, the entire community of Portola Valley takes great pride in Ethan’s remarkable achievements and supports him as he embarks on this noble journey of leadership and service;
NOW, THEREFORE, BE IT PROCLAIMED, that I, CRAIG TAYLOR, Mayor, Town of Portola Valley, do hereby recognize and congratulate Ethan Radford on his appointment and that the Town Council extend our highest commendations and express our deepest gratitude for his willingness to serve.
Dated this 24th day of June 2026.
___________________________
Craig Taylor, Mayor
5 PROCLAMATION
National Mosquito Control Awareness Week
June 21 – 27, 2026
Advancing One Health Through the Protection of People, Animals, and the Environment
WHEREAS, the Town of Portola Valley recognizes the One Health principle that the health of people, animals, and the environment are closely connected and that protecting community well-being requires collaboration across these sectors; and
WHEREAS, mosquito-borne and other vector-borne diseases, including West Nile virus, affect the health of people, wildlife, domestic animals, and ecosystems, demonstrating the importance of a coordinated One Health approach; and
WHEREAS, mosquitoes can diminish the quality of life of residents by interfering with outdoor recreation, stewardship activities, and work while also posing risks to public health; and WHEREAS, the San Mateo County Mosquito and Vector Control District protects the health and comfort of San Mateo County residents through science-based surveillance, public education, and integrated vector management practices that are effective, environmentally responsible, and protective of public health; and
WHEREAS, National Mosquito Control Awareness Week highlights the important work of mosquito and vector control professionals and encourages residents to take simple actions, including eliminating standing water around homes and businesses, to reduce mosquito breeding and the risk of disease transmission; and
WHEREAS, public awareness, community participation, and evidence-based mosquito management contribute to a healthier, safer, and more resilient community consistent with the Town's commitment to environmental stewardship, biodiversity conservation, wildlife connectivity, and public health; and
WHEREAS, the Town of Portola Valley values efforts that protect the health of residents, domestic animals, wildlife, and the natural environment, recognizing that healthy ecosystems and healthy communities are mutually dependent;
NOW, THEREFORE, BE IT PROCLAIMED, that the Town Council of the Town of Portola Valley hereby proclaims June 21 through June 27, 2026, as NATIONAL MOSQUITO CONTROL AWARENESS WEEK in the Town of Portola Valley and encourages all residents to learn about mosquito prevention, eliminate mosquito breeding sources, support science-based vector management, and participate in efforts that protect the health of people, animals, and the environment through a One Health framework.
Dated this 24th day of June 2026.
___________________________
Craig Taylor, Mayor
6 San Mateo County Mosquito
and Vector Control District
Brian Weber
District Manager
7 Our Work
(Integrated Pest Management)
8 9
10 11
12 TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Veronica Dao, Town Clerk
DATE: June 24, 2026
RE: Approve Special Meeting Minutes of June 10, 2026
RECOMMENDATION
Staff recommends Town Council review and approve the June 10, 2026 special meeting minutes.
ATTACHMENTS
1. 06-10-2026 Council Special Meeting Minutes
13 Volume 47
June 10, 2026
PORTOLA VALLEY TOWN COUNCIL AND PLANNING COMMISSION SPECIAL JOINT MEETING MINUTES – JUNE 10, 2026
1. CALL TO ORDER
Mayor Taylor called the meeting to order at 5:00 p.m. Roll call was taken.
Present: Councilmembers Helen Wolter, Judith Hasko, Vice Mayor Mary Hufty, Mayor Craig Taylor
Commissioners Karent Vahtra, Nicholas Targ (arrived 5:26 p.m.), Doug Morss, Vice Chair Ronny Krashinsky, Chair Lynda Brothers
Absent: Councilmember Rebecca Flynn
Others: Town Manager Darcy Smith, Town Attorney Catherine Engberg, Planning and Building Director Sarah Cawrse, Town Clerk Veronica Dao
2. ANNOUNCEMENT OF REMOTE ATTENDANCE / ROLL CALL
3. ORAL COMMUNICATIONS
Mayor Taylor invited public comment.
Public Comment
Rita Comes
4. REGULAR AGENDA
a. Receive Update from the Residlience Planning Town Council Ad Hoc Subcommittee
Mayor Taylor presented the item and provided an update.
Mayor Taylor invited public comment.
Public Comment
MJ Lee
Danna Breen
Kristi C.
Rita Comes
Nan Shostak
14 Volume 47
June 10, 2026
Council and Planning Commission asked questions and provided comments. b. Receive Update and Provide Direction on the 2026 Draft Safety Element Planning and Building Director Cawrse and Aaron of Atlas Planning presented the item.
Mayor Taylor invited public comment.
Public Comment
Danna Breen
MJ Lee
Rita Comes
Kim G.
Nan Shostak
Council and Planning Commission asked questions and provided feedback.
5. ADJOURNMENT
The Council and Planning Commission adjourned the meeting at approximately 6:53 p.m.
_________________________ _________________________
Craig Taylor, Mayor Veronica Dao, Town Clerk
Submitted for approval to the Town Council at its June 24, 2026 regular meeting. 15 TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Veronica Dao, Town Clerk
DATE: June 24, 2026
RE: Approve Regular Meeting Minutes of June 10, 2026
RECOMMENDATION
Staff recommends Town Council review and approve the June 10, 2026 regular meeting minutes.
ATTACHMENTS
1. 06-10-2026 Council Regular Meeting Minutes
16 Volume 47
June 10, 2026
PORTOLA VALLEY TOWN COUNCIL REGULAR MEETING MINUTES – JUNE 10, 2026
1. CALL TO ORDER
Mayor Taylor called the meeting to order at 7:05 p.m. Roll call was taken by the Clerk.
Present: Councilmembers Helen Wolter, Judith Hasko, Rebecca Flynn, Vice Mayor Mary Hufty, Mayor Craig Taylor
Absent: None
Others: Town Manager Darcy Smith, Town Attorney Catherine Engberg, Assistant Town Manager Tony McFarlane, Planning and Building Director Sarah Cawrse, Town Clerk Veronica Dao
2. ANNOUNCEMENT OF REMOTE ATTENDANCE / ROLL CALL
Town Attorney Engberg confirmed remote attendance for Councilmember Rebecca Flynn, participating from 64 Fidippidou Street, Paralia Marathona, 19007 Greece.
3. PRESENTATIONS / PROCLAMATIONS
a. Proclamation for LGBTQIA+ Pride Month
Councilmember Wolter presented the proclamation and gave remarks. Marilyn Hollinger accepted the proclamation on behalf of the San Mateo County LGBTQIA+ Commission.
4. TOWN MANAGER REPORT
Town Manager Smith updated the Council on the following:
Graduation and party events at Town Center
Upcoming summer events
Financial audits update
5. ORAL COMMUNICATIONS
Mayor Taylor invited public comment.
Public Comment
Kim G.
Kristi C.
17 Volume 47
June 10, 2026
6. CONSENT AGENDA
Mayor Taylor invited public comment. None were received.
Consent Agenda items 6c and 6d were pulled for separate discussion and action.
Motion and second (Hasko, Hufty) to approve Consent Agenda items 6a, 6b, 6e, and 6f.
The motion carried unanimously by roll call vote.
Motion and second (Wolter, Hufty) to approve Consent Agenda item 6c. The motion carried unanimously by roll call vote.
Motion and second (Hasko, Hufty) to approve Consent Agenda item 6d. The motion carried unanimously by roll call vote.
a. Approve Regular Meeting Minutes of June 10, 2026
b. Approve June 10, 2026 Warrant List
c. Authorize the Town Manager to Enter into a Memorandum of Understanding (MOU) for the San Mateo County Regional Electric Vehicle (EV) Charging Project d. Approve and Authorize the Mayor to Sign Notices of Support from the Town of Portola Valley for Assembly Bill 1941 (Organized Metal Theft) and Senate Bill 1266 (Crimes: Theft)
e. Adopt a Resolution Approving an Amendment to the Master Fee Schedule f. Adopt a Resolution Amending the Salary Schedule to Reflect a Cost-of-Living Adjustment of 2.5% and the Addition of Finance Manager, Accountant I, and Senior Development Review Technician/Building Inspector Positions
7. REGULAR AGENDA
a. Reauthorizing the Town Treasurer as the Authority for Management of the Town’s Investment Programs
Assistant Town Manager McFarlane presented the item.
Mayor Taylor invited public comment. None were received.
Motion and second (Hasko, Hufty) to approve the resolution. The motion carried unanimously by roll call vote.
b. Provide and Receive Direction on the Proposed FY26-27 Budget Assistant Town Manager McFarlane presented the item.
Mayor Taylor invited public comment.
18 Volume 47
June 10, 2026
Public Comment
Rita Comes
Danna Breen
Council discussed the item and provided direction.
No formal action was taken.
c. Consider and Adopt Policies Regarding Service Disruption During Town Council Meetings and Public Posting Board for Translated Agendas Town Clerk Dao presented the item.
Mayor Taylor invited public comment.
Public Comment
Kristi C.
Motion and second (Hasko, Hufty) to approve Council policies. The motion caried unanimously by roll call vote.
d. Consider Adoption of a Resolution Adopting a Town Council Subsidiary Body Meeting Policy
Town Clerk Dao presented the item.
Mayor Taylor invited public comment.
Public Comment
Rita Comes
Motion and second (Taylor, Hufty) to approve the meeting policy. The motion caried unanimously by roll call vote.
8. COUNCIL SUBCOMMITTEE, LIAISON COMMITTEE, AND REGIONAL AGENCIES
REPORTS
Councilmembers reported on several local and regional meetings they attended recently.
Mayor Taylor invited public comment. None were received. 19 Volume 47
June 10, 2026
9. ADJOURNMENT
The meeting adjourned at 8:57 p.m.
_________________________ _________________________
Craig Taylor, Mayor Veronica Dao, Town Clerk
Submitted for approval to the Town Council at its June 24, 2026 regular meeting. 20 ______________________________________________________________________________________ TO:
FROM:
DATE:
RE:
Mayor and Members of the Town Council
Anthony McFarlane, Assistant Town Manager
June 24, 2026
Warrant List for June 24, 2026.
RECOMMENDATION:
Review and approve the Warrant List for June 24, 2026:
REPORT SUMMARY
The following table lists warrant activity by date, tracks starting and ending warrant numbers, and total amount of warrants issued.
The following table lists payments by fund.
Date
Ending
Warrant #
Warrant 6/24/2026 6088 6137 50 458,281.18 6/25/2026 6/10/2026 6087 Attached are Warrant Lists for:
Prior Warrant List
Type of Warrant Date
Starting
Warrant #
Ending
Warrant #
Total
Warrants Amount
Warrants
Released
Date Fund Amount
6/24/2026 101-General Fund 315,266.02
6/24/2026 205-Library Fund 176.28
6/24/2026 206-Gas Tax Fund 32,366.38
6/24/2026 212-Measure M MVF 1,195.00
6/24/2026 222-Inclusion In-lieu Fund 2,052.00
6/24/2026 401-Capital Projects 22,070.00
6/24/2026 505-Woodside Highlands RMD 3,384.00
6/24/2026 701-Customer Deposits 81,771.50
Total $ 458,281.18
Payments by Fund
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
21 The following table lists the warrants issued as EFT/ACH payments. EFT/ACH payments are recurring payments for contributions related to retirement and deferred compensation, workers’ compensation premiums, and utilities, etc.
The following table lists the warrants that were voided and the reason for the voided transaction.
The following table lists the warrants issued outside of the scheduled warrant list cycle for various reasons, such as processing error, reissuing a voided check, or employee separation.
DISCLOSURE
For additional information on any item disclosed in this report, please contact the Finance department directly at [email protected].
ATTACHMENTS
1. 06/24/2026 Warrant List Certification
Date Warrant # Issued to Fund Dept Purpose Amount
6/24/2026 6089 Bank of America Various Various May CC Charges $ 3,442.95 6/24/2026 6090 California Water Service 101 610 May Water Charges 7,414.54 6/24/2026 6091 CalPERS 101 Various May Contributions/June UAL 53,737.12 6/24/2026 6093 SCA of CA, LLC Various 510 May Street Sweeping 2,095.00 6/24/2026 6096 CSG Consultants 101 Various May Services 81,631.75 6/24/2026 6098 Good City Company Various Various May Services 55,379.30 6/24/2026 6099 Granicus 101 610 Annual Subscription 14,898.32 6/24/2026 6102 Missionsquare Retirement 101 Various Jun 15 Contributions 2,458.87 6/24/2026 6108 Navia Benefit Solutions 101 610 May Phone Service 562.50 6/24/2026 6109 PERS Health 101 610 May IT Services 21,583.12 6/24/2026 6110 PG&E 101 125 May Legal Services 10.74
6/24/2026 6120 Stepford 101 610 May Office Supplies 300.00 6/24/2026 6127 Amazon Capital Services 101 610 Office Supplies 338.69 6/24/2026 6129 AT&T 101 610 May Telephone 737.08
6/24/2026 6132 Interwest Consulting Group 401 710 Road Resurfacing 22,070.00 $ 266,659.98
Warrants issued as ACH/EFT
Total
Date Warrant No Issued To Fund Dept Purpose Amount
$ -
Warrants Voided and Reissued
Total
Date Warrant No Issued To Fund Dept Purpose Amount
$ -
Warrants Issued Outside of a Scheduled Warrant List
Total
Date Warrant No Issued To Fund Dept Purpose Amount
$ -
Disclosure
Total
22 TOWN OF PORTOLA VALLEY Warrant Disbursement Journal June 24, 2026 Claims totaling $458,281.18 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley. Date _____________________________ ________________________________ Anthony McFarlane, Assistant Town Manager Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment. Signed and sealed this (Date) _____________________ _______________________________ _________________________________ Darcy Smith, Town Manager Craig Taylor, Mayor 23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 TOWN OF PORTOLA VALLEY
STAFF REPORT
____________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Darcy Smith, Town Manager
DATE: June 24, 2026
RE: Approve and Authorize the Mayor to Execute the Law Enforcement Services Agreement Between the County of San Mateo and the Town of Portola Valley for Town Law Enforcement Services
RECOMMENDATION
Staff recommend that the Town Council approve and authorize the Mayor to execute the Law Enforcement Services Agreement between the County of San Mateo and the Town of Portola Valley for Town law enforcement services.
BACKGROUND
The Town of Portola Valley and the County of San Mateo have a longstanding agreement for the San Mateo County Sheriff’s Office to provide law enforcement services to the town. This is similar to other municipalities within San Mateo County, including Woodside, Half Moon Bay, San Carlos, and Millbrae. The Town Council reviews the agreement annually and considers action to approve it and authorize the Mayor to execute it.
DISCUSSION
The proposed Law Enforcement Services Agreement between the County of San Mateo and the Town of Portola Valley (“Agreement”) provides for the Sheriff’s Office to provide general law enforcement services within the town's limits. The Agreement covers standard patrol, traffic enforcement, investigative services, special event security, administrative support, and records management. The Sheriff retains full control over personnel standards, discipline, and deployment decisions, while the Town is 38 responsible for maintaining a substation office at 765 Portola Road. A dedicated patrol deputy is available to serve the town 24 hours a day, seven (7) days a week.
Key provisions of the Agreement include:
• Term: July 1, 2026 through June 30, 2030 (4 years). However, the Town only is authorizing payment for one year at this time.
• Termination: Either party may terminate with at least 12 months' written notice, effective on a July 1st date; Town may also terminate for non-appropriation of funds. However, if the Town terminates for non-approriation of funds, the Town would be responsible for (1) the portion of the contract costs attributable to the services performed, on or before the effective date of the termination; and (2) reasonable costs and expenses that County incurs as a result of early termination of the Agreement
• Cost: Total cost for FY 2026-27 is $2,536,757, billed in two equal installments of ~$1.27 million on July 1 and January 1.
• Staffing: 5.0 FTEs — two-day deputies, two-night deputies, a half-time detective, a quarter-time administrative sergeant, and a quarter-time captain. • Personnel Costs: $2,178,442 (86% of total), covering salaries, overtime, and benefits.
• Operating Costs: $358,315 (14% of total), covering vehicles, support services, communications, equipment, and training.
• Annual Rate Adjustments: Rates are readjusted each July 1st; County must provide proposed rates to the Town by April 1 of the preceding year, and the Town may request to schedule a meeting with the Sheriff to discuss the new rates. The rate increase for Fiscal Year 2026-27 was 8.4%, largely due to increases in labor costs.
• Billing: Semi-annual invoices issued by Sheriff's Office Fiscal Services Bureau. • Insurance: Both parties must maintain minimum $5 million liability coverage. • Dispute Resolution: Parties must first meet and confer, then pursue mediation before any legal action.
• Town Obligations: Town provides and maintains the substation office at 765 Portola Road at its own expense.
• Fines and Forfeitures: Town shall be entitled to the fines and forfeitures to which Town would otherwise be entitled pursuant to Penal Code Section 1463.001, et seq.
Service Information
The Sheriff’s Office provides regular reports to the Town of Portola Valley that include both crime statistics and traffic-related enforcement data. Information on citations, calls for service, traffic enforcement, and other law enforcement activity can be found at the following locations:
• Town Webpage at https://www.portolavalley.net/departments/san-mateo-countysheriff • Sheriff's Office Transparency Portal at
https://experience.arcgis.com/experience/f941acef8b2d4c6c99a74309897415df/ • Online Crime Data Portal at https://smcsheriff.citizenrims.com/ 39 June 2026 - January to May 2026 Traffic and Accident Report for Portola Valley The Sheriff’s Office released the Traffic and Accident Report for Portola Valley between January and May 2026:
Q1 2026 Crime Statistics for Portola Valley
The Sheriff’s Office provides quarterly crime statistics reports to the Town. Quarter 1 covers January 1 through March 31.
The data shows that most crime categories have remained stable compared to the same period last year. An increase in larceny and theft is attributed to a series of copper cable thefts from telecommunications infrastructure earlier this year. The Sheriff’s Office 40 has made an arrest in connection with these incidents, and the San Mateo County District Attorney’s Office has filed charges against the suspect. 2025 Annual Reports
The Agreement requires the Sheriff or Sheriff’s designee to report periodically to the Town Council. On October 8, 2025, the Council received the Town Annual Report for the Fiscal Year 2024-25 from the San Mateo County Sheriff's Office with the Town Annual Report Presentation.
FISCAL IMPACT
The contract cost of $2,536,757 for one year is included in the Town Fiscal Year 2026- 27 Operating Budget. The annual increase in expenses for this contract is $197K.
However, due to the expiration of credits from San Mateo County and the use of onetime funding sources in the prior three fiscal years, the overall increase to the General Fund is $488K. Of the current year contract amount, approximately $175K is funded from the Supplemental Law Enforcement Services Account (SLESF), commonly referred to as Citizens' Option for Public Safety (COPS) funding. This State program guarantees eligible cities and towns a minimum baseline allocation of $100,000 annually for direct local law enforcement support. The remaining amount of $16,500 is funded through the Prop 172 Public Safety Sales Tax.
ATTACHMENTS
1. Agreement
2. Memorandum from the Sheriff’s Office
41 LAW ENFORCEMENT
SERVICES AGREEMENT
Between the County of San Mateo
and the Town of Portola Valley
July 1, 2026 through June 30, 2030
Version: May 14, 2026
42 AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 1 of 13
A G R E E M E N T
FOR LAW ENFORCEMENT SERVICES
BETWEEN THE COUNTY OF SAN MATEO AND
TOWN OF PORTOLA VALLEY
THIS AGREEMENT, entered into on the 1
st day of July 2026, by and between the TOWN OF
PORTOLA VALLEY, a general law city in the County of San Mateo, State of California, hereinafter referred to as "Town" and the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "County.”
W I T N E S S E T H
WHEREAS, pursuant to Government Code §§51300, et seq. County may contract with Town for the performance of Town functions by the appropriate officers and employees of County; and WHEREAS, Town is desirous of having the County provide law enforcement services through the Sheriff's Office, as hereinafter set forth, for and on behalf of Town, within the territorial limits of said Town, and the County is willing to perform such services as provided herein below:
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. EXHIBITS AND ATTACHMENTS.
1.1.The following exhibits and attachments are included hereto and incorporated by reference herein:
• Exhibit A – Services
• Exhibit B - Rates / Payments
2. SERVICES TO BE PERFORMED BY COUNTY.
2.1. In consideration of the payments set forth herein and in Exhibit B, County shall provide law enforcement and police services within Town. Said services are described in Exhibit A.
2.2. The Town is not limited to the services indicated in Exhibit A, but the Town may request to fund additional services and can initiate discussions pertaining to additional supplemental services in the field of public safety, law enforcement or related fields within the legal power of the Sheriff to provide for additional cost of service. 43 AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 2 of 13
3. PAYMENTS.
3.1. The Town shall pay the County for the services provided under the terms of this Agreement at the rates set forth in Exhibit B.
3.2. The rates set forth in Exhibit B shall be readjusted by the County annually effective July 1 of each year, and attached as an Amendment to this Agreement, to reflect the cost of such services as provided in Government Code Section 51350 and in accordance with the policies and procedures for the determination of such rates as approved by the County Board of Supervisors. County shall provide Town with the proposed rates for the following contract year on or before April 1 of each year.
3.3. The Town shall be billed based on the service level provided within the parameters of Exhibit A.
3.4. The cost of additional services, requested by Town, in the field of public safety, law or related fields within the legal power of the Sheriff to provide not set forth in Exhibit A shall be reflected in an amendment to Exhibits A and B.
3.5. The Town may request to schedule a meeting with the Sheriff or Sheriff’s designee to discuss the updated annual rates.
4. TERM.
4.1. This Agreement shall be in full force and effect from JULY 1, 2026 to JUNE 30, 2030.
4.2. Town shall notify County within six months of contract expiration of its intent to continue services beyond June 30, 2030. The parties shall thereafter negotiate the terms, including the level of compensation, in an effort to reach agreement before the expiration of this Agreement.
5. RIGHT OF TERMINATION.
5.1. Either party may terminate this Agreement with or without cause effective as of the first day of July of the following year upon written notice to the other party of not less than twelve (12) months prior thereto.
5.2. In the event of termination, each party shall fully discharge all obligations owed to the other party accruing prior to the effective date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.
5.3. The Town may terminate this Agreement or a portion of the services referenced in the Exhibits based upon Town’s unavailability of funds, by providing written notice to County as soon as is reasonably possible after the Town learns of said unavailability of funding.
5.4. If the Town terminates for non-appropriation it will be liable to pay County for: (1) the portion of the contract costs attributable to the all services performed, on or before the effective date of the termination; and (2) reasonable costs and expenses that County incurs as a result of early termination of the Agreement.
6. HOLD HARMLESS.
6.1. Town shall defend, hold harmless and indemnify County, its officers, agents, and/or employees from any and all claims which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of Town, its officers, agents and/or employees.
6.2. County shall defend, hold harmless and indemnify Town, its officers, agents and/or employees from any and all claims which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of County, its officers, agents, and/or 44 AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 3 of 13 employees.
6.3. In the event of the concurrent negligence (or intentional or reckless acts) of Town, its officers, agents and/or employees, and County, its officers, agents and/or employees, then the liability for any and all claims which arise out of the terms and conditions of this Agreement shall be apportioned under California’s theory of comparative fault.
7. INSURANCE.
7.1. Both parties shall maintain sufficient insurance, self-insurance or a combination thereof to comply with the following requirements, and, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. 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.
7.1.1. Worker's Compensation and Employer's Liability Insurance. Both parties shall have in effect during the entire life of this Agreement Worker’s Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement, parties certify, as required by Section 1861 of the California Labor Code, that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and parties will comply with such provisions before commencing the performance of the work of this Agreement.
7.1.2. Liability Insurance. Town and County shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance for services 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 Town’s and County’s operations under this Agreement, whether such operations be by themselves or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified on the following page.
Such insurance shall include:
Comprehensive General Liability $5,000,000
Motor Vehicle Liability Insurance $5,000,000
8. NON-DISCRIMINATION AND OTHER REQUIREMENTS.
8.1. Section 504. Town and County shall comply with § 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, as amended, which provide that no otherwise qualified handicapped individual 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 this Agreement, and that reasonable and legally-specified accommodations will be made to serve individuals with disabilities.
8.2. General Non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement. 45 AGREEMENT FOR LAW ENFORCEMENT SERVICES
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8.3. Equal Employment Opportunity. Town and County 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. Town’s and County’s equal employment policies shall be made available to either party upon request.
8.4. Violation of Non-discrimination Provisions. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and may result in termination of this Agreement, and /or legal action to recover any Court- imposed damages incurred as a result of said violation(s). To effectuate the provisions of this section, the County Manager and Town Manager may request authorization to examine Town’s or County’s employment records relating to this Agreement, as the case may be with respect to compliance with this paragraph, and Town and County shall not unduly withhold authorization.
8.5. Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits, Town shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse.
8.6. Other Statutory Compliance. Town and County shall comply fully with the non- discrimination requirements required by 41 CFR 60-741.5 (a), which is incorporated herein as if fully, set forth. All services to be performed pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended.
8.7. Compliance with Contractor Employee Jury Service Ordinance. Town and County shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the Town, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the Town or that the Town deduct from the employees regular pay the fees received for jury service.
9. RETENTION OF RECORDS.
9.1. Each party agrees to provide to the other party, to any federal or state department having monitoring or reviewing authority, to County’s or Town’s authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.
9.2. Town and County shall maintain and preserve all financial records relating to this Agreement for a period of four (4) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater.
10.MERGER CLAUSE.
10.1. This Agreement and the Transfer Agreement including the Exhibits attached to each constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications to either Agreement shall be in writing and signed by the parties.
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11.CONTROLLING LAW.
11.1. The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.
12.DISPUTE RESOLUTION.
12.1. Should any dispute arise out of this Agreement, the parties shall first meet and confer in an attempt to resolve the dispute. Should such efforts fail to resolve the dispute within twenty (20) days, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
13.FINES AND FORFEITURES.
13.1. Town shall be entitled to the fines and forfeitures to which Town would otherwise be entitled pursuant to Penal Code Section 1463.001, et seq.
14.NOTICES.
14.1. Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed to:
In the case of County, to:
San Mateo County Sheriff’s Office
ATTN: Sheriff
330 Bradford Street
Redwood City, CA 94063
In the case of Town, to:
Town of Portola Valley
ATTN: Town Manager
765 Portola Road
Portola Valley, CA 94028
47 AGREEMENT FOR LAW ENFORCEMENT SERVICES
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COUNTY OF SAN MATEO
A Political Sub-division of the
State of California
BY:
President, Board of Supervisors
DATE:
ATTEST:
BY:
Clerk of Said Board
TOWN OF PORTOLA VALLEY
BY:
Mayor, Town of Portola Valley
DATE:
ATTEST:
BY:
Clerk, Town of Portola Valley
48 AGREEMENT FOR LAW ENFORCEMENT SERVICES
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EXHIBIT A
SERVICES
Agreement for Law Enforcement Services between the
County of San Mateo and Town of Portola Valley
In consideration of the payments set forth in Exhibit B, County shall provide Town with the following services:
1. DESCRIPTION OF LAW ENFORCEMENT SERVICES PROVIDED BY COUNTY.
County shall provide general law enforcement services to Town. The parties agree that the County may provide a greater level of service as is appropriate and necessary to respond to emergent law enforcement circumstances and situations, and that this determination shall be at the sole discretion of the Sheriff of the County of San Mateo hereinafter referred to as "Sheriff'.
The incorporated limits of Town may be part of a portion of a larger Sheriffs beat, the boundaries of said beat or beats to be determined by the Sheriff. Notification of Town shall be made by the Sheriff prior to any change in beat structure of the patrol servicing Town. Should Town desire to receive any service from the Sheriff not specifically listed in this Agreement, it shall notify Sheriff in writing.
1.1. LAW ENFORCEMENT SERVICES.
1.1.1. The County agrees, through the Sheriff, to provide general law enforcement services within the corporate limits of the Town to the extent and in the manner hereinafter set forth in this Agreement.
1.1.2. Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff under the County Charter, the statutes of the State of California, and under the Town municipal codes.
1.1.3. Services also include basic traffic law enforcement services ; special event security details; attendance and participation at various Town meetings and neighborhood groups; and quarterly statistical reports.
1.1.4. Sheriff support staff will provide services representing technical; records and evidence management; fiscal services; and human resources support.
1.1.5. Sheriff support staff will provide general administrative support and will perform the services necessary for the collection of fees such as, but not limited to, abandoned vehicle recovery , a l a r m p e r m i t and response f e e s , moving c i t a t i o n s , vehicle releases, accident reports, and crime reports.
1.1.6. General law enforcement services performed hereunder may include, if requested, by the Town, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.
1.2. ADDITIONAL SERVICES PERFORMED BY SHERIFF'S OFFICE.
1.2.1. The Sheriff may provide additionalservices which fall outside of the contract scope described under 1.1. and this determination shall be at the sole discretion of the Sheriff. When resources are available, services may include:
• School Resource Officer services
49 AGREEMENT FOR LAW ENFORCEMENT SERVICES
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• Special investigative services including the Vehicle Theft Task Force (VTTF).
The Town will not be a signatory to any other agreements or VTTF services. • Emergency Service Bureau services including specialized units such as SWAT and Search & Rescue.
• Psychiatric Emergency Response Team (PERT) services
1.3. SUPPORT SERVICES.
1.3.1. Records Fees. The County’s Sheriff’s Records Bureau will perform the services necessary and collect fees on behalf of the Town for the following:
• Vehicle Release Fee
• Accident Reports
• Crime Reports
• Good Conduct Letter
2. ADMINISTRATION OF PERSONNEL.
2.1. The rendition of the services performed by the Sheriff s Office, the standards of performance, the discipline of personnel, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County.
2.2. In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or level of services or manner of performance of such services, the Sheriff and the Town shall meet and confer to resolve such disputes.
2.3. All Town employees who work in conjunction with the Sheriff’s Office pursuant to this Agreement shall remain employees of the Town and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement.
2.4. The Town shall not be called upon to assume any liability for the direct payment of any Sheriff’s Office salaries, wages, or other compensation to any County personnel performing services hereunder for said Town.Except as herein otherwise specified, the Town shall not be liable for compensation or indemnity to any County employee or agent of the County for injury, disability or illness arising out of services provided under this Agreement.
2.5. If the Town so requests, the Sheriff may assign deputies at times other than the deputies' work shift for a specific police patrol. If the Sheriff does so assign deputies, the Town will reimburse County at the prevailing overtime rate paid to deputies at the then County established rate. Any such payments will be in addition to those set forth in Exhibit B of this Agreement. Overtime will include time for the specific police patrol plus any overtime required to attend court hearings relating to the specific police patrol. If a deputy assigned to special patrol is called off this patrol to respond to other Sheriffs business, the mileage and personnel costs of this time away from the special patrol will not be billed to Town. All amounts paid by the Town pursuant to this paragraph are over and above the amount stated in Section 3 of this agreement.
3. DEPLOYMENT OF PERSONNEL.
3.1. Services performed hereunder shall be developed in conjunction with the Sheriff and detailed in Exhibit A, Section 8 – Assignment / Selection of Personnel. 50 AGREEMENT FOR LAW ENFORCEMENT SERVICES
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4. REPORTS.
4.1. The Sheriff or Sheriff’s designee shall report periodically to the Town Council, at the Town Manager's discretion, all violations of law within its borders coming to the Sheriff’s attention.
Quarterly statistical reports will be provided to Town by the Sheriff upon request.
5. UNIFORMS AND INSIGNIA.
5.1. Personnel performing such law enforcement services as herein provided shall be in the prescribed uniform of the San Mateo County Sheriff’s Office during the performance of their duties.
5.2. Similarly, patrol vehicles used by deputies a s s i g n e d to provision of services under this Agreement shall bear the markings and insignia of the Sheriff’s Office.
5.3. If the Town should desire any customization of uniforms or insignia relative to services provided, the Town shall notify Sheriff of same, and the Sheriff in their sole discretion may decide whether it is feasible and agreeable to do so. In that case, the cost of modification to uniforms and/or insignia shall be borne by the Town.
6. TOWN OBLIGATIONS.
6.1. Town shall furnish at its own cost and expense all necessary office space, furniture and furnishings, office supplies, janitorial service, telephone, light, water and other utilities, in order for the Sheriff to maintain a substation office in the Town. The area to be utilized for the substation is located at 765 Portola Road in the Town of Portola Valley.
6.2. It is expressly further understood that such areas may be used by the Sheriff or the County of San Mateo in connection with the performance of duties in territory outside of Town and adjacent thereto, provided, however, that the performance of such outside duties shall not be at any additional cost to Town.
6.3. Notwithstanding the foregoing, it is agreed that in all instances where s p e c i a l supplies, stationery, notices, forms, and the like must be issued in the name of Town, the same shall be supplied by said Town at its own cost and expense.
7. PERFORMANCE OF AGREEMENT.
7.1. For the purpose of performing said general law enforcement services, County shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the agreed levelof services to be rendered hereunder.
7.2. Notwithstanding the foregoing,the Town may provide additional resources for the County to utilize in performance of the services.
8. ASSIGNMENT/SELECTION OF PERSONNEL
8.1. Assigned Personnel:
POSITION # of FTE
Captain 0.25
51 AGREEMENT FOR LAW ENFORCEMENT SERVICES
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Deputy – Day 2.00
Deputy – Night 2.00
Deputy – Detective Services 0.50
TOTAL # (FTE) 5.00
52 AGREEMENT FOR LAW ENFORCEMENT SERVICES
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EXHIBIT B
FY 2026-27 RATES / PAYMENTS
Agreement for Law Enforcement Services between the County of San Mateo and Town of Portola Valley In consideration of the services described in Exhibit A, Town shall pay County based on the following fee schedule and terms:
1. CHARGES FOR SERVICES.
1.1. Town shall pay County for services described in this Agreement as calculated based on the formulas set forth in Section 6, Calculated Rates, attached hereto and incorporated by reference herein.
1.2. Section 6, Calculated Rates, shall be readjusted by the County annually effective July 1 of each year and attached hereto as an updated / revised Section 6.
2. INVOICING / BILLING.
2.1. On a semi-annual basis in accordance with Section 3 below, Sheriff’s Office Fiscal Services Bureau shall submit an invoice to the Town.
2.2. Payments and questions regarding invoicing shall be directed to the Sheriff’s Office Fiscal – Invoicing at [email protected] or be mailed to:
San Mateo County Sheriff’s Office
Fiscal Services Bureau
330 Bradford Street, 5th Floor
Redwood City, CA 94063
3. PAYMENTS.
3.1. Total charges due for the period of July 1, 2026 through June 30, 2027 are $2,536,757. Invoices will be issued according to the following schedule:,
Invoice Issued: Amount
July 1, 2026 $1,268,378.50
1268378.5 January 1, 2027 $1,268,378.50
3.2. Future Fiscal Year payments will be in accordance with the revised Calculated Rates effective July 1 of each year. Payments will be due semi-annually on July 1st and January 1st for each subsequent year of this Agreement.
4. OTHER FEES.
4.1. Booking / Message Switch
4.1.1. Town shall not be responsible for paying Jail Access Fees, Booking Fees, or Message 53 AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 12 of 13 Switch Fees to the County.
4.2. Joint Powers Agreements Fees
4.2.1. Town shall continue to be responsible for fees set forth in the Joint Powers Agreements pertaining to the Department of Emergency Management (DEM).
5. CALCULATED RATES.
5.1. Rates for FY 2026-27 are outlined below.
54 AGREEMENT FOR LAW ENFORCEMENT SERVICES
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5.2. The average overtime hourly rates for supplemental services described in Exhibit A (Section
1.1.3) are as follows:
San Mateo County Sheriff's Office FY 2026-27 Hourly Rates Position Overtime Rate
Admin Sergeant (Day) $238.71
Deputy Sheriff (84 Plan Day) $195.31
Deputy Sheriff (84 Plan Night) $205.26
Detective Deputy Sheriff (Day) $204.97
Supplemental overtime will be invoiced separately and on a semi-annual basis according to actual costs and not on estimates. Estimates are provided as a forecasting tool for budgetary purposes.
55 To:
From:
Date:
Subject:
Darcy Smith, Portola Valley Town Manager
Kenneth Binder, Sheriff
Stacey Stevenson, Director of Finance
March 20, 2026
FY 2026-27 Budget – Portola Valley Law Enforcement Services The Town of Portola Valley contracts with the Sheriff’s Office for law enforcement services. Each year, the Sheriff's Office prepares a budget outlining the anticipated cost for these services. Please see the attached FY 2026-27 budget which includes:
• Personnel Costs: Includes staffing associated with patrol, enforcement, investigative services, and direct administrative services. • Operating Costs: Includes various supplies, equipment, training, vehicle expenses, and support for technical, records and evidence management, fiscal services, and human resources.
The total cost of basic law enforcement services is $2,536,757. The most significant activity in the budget is attributed to personnel costs of $2,178,442 and includes increases associated with health and retirement benefits, experience and specialty pay, POST pay, workers compensation, overtime, and cost of living adjustments. A breakdown of position classifications is displayed on the attached budget.
Operating costs total $358,315 and reflect modest increases for various supplies, equipment, and training. Support Services represent technical, records and evidence management, fiscal services, and human resources support provided by the Sheriff’s Office. The total number of all vehicle types in the fleet is three.
The current contract expires on June 30, 2026. A contract agreement outlining the cost of service for FY 2026-27 will need to be prepared and approved by the Town of Portola Valley and the Sheriff's Office before June 30, 2026.
We look forward to continuing to serve the community of the Town of Portola Valley and remain committed to providing outstanding law enforcement services. 56 San Mateo County Sheriff's Office
Portola Valley Law Enforcement Services
FY 2026-27 Budget
Position
Count
Employee
Salaries
Employee
Overtime
Employee
Benefits
Total Expenses
FY 2026-27
BASIC LAW ENFORCEMENT SERVICES:
PERSONNEL COSTS:
Deputy Sheriff - Day 2.00 386,904 $ 120,256 $ 339,704 $ 846,864 $ Deputy Sheriff - Night 2.00 406,618 $ 126,384 $ 353,850 $ 886,852 $ Investigative Deputy Sheriff-Detective 0.50 101,508 $ - $ 78,892 $ 180,400 $ Sergeant - Administrative 0.25 59,108 $ 17,988 $ 51,816 $ 128,912 $
0.25 78,590 $ - $ 56,824 $ 135,414 $
PERSONNEL COSTS - TOTAL: 5.00 1,032,728 $ 264,629 $ 881,086 $ 2,178,442 $ OPERATING COSTS:
Uniform Allowances $ 7,500
Equipment Maintenance $ 13,504
Training Expenses $ 5,800
Radio and Communications Charges $ 17,635
Information Services Charges $ 18,851
Vehicle Maintenance & Replacement Costs $ 80,766
HR and Risk Management Service Charges $ 36,929
Support Services $ 177,330
OPERATING COSTS - TOTAL: $ 358,315
TOTAL COST OF BASIC LAW ENFORCEMENT SERVICES: $ 2,536,757 Captain
57 San Mateo County Sheriff's Office
Law Enforcement Contract Operating Costs
EXPENSE DESCRIPTIONS: FY 2026-27 COST FACTORS:
Uniform Allowances Budgeted expenses for employee uniform allowances as required under applicable MOUs. No changes.
Office Supplies & Miscellaneous Expenses Modest budget allocation for office supplies and miscellaneous operating expenses. No changes.
Equipment Maintenance
Includes: a) budget allocation for safety equipment
purchases deemed necessary by the Captain, Lieutenant,
or Commander, estimated at $1,065 per FTE; and b)
recurring equipment maintenance and licensing costs,
including software applications, Turbo Data maintenance, and Ticket Pro lease fees. The Sheriff's Office does not maintain a dedicated equipment replacement fund and will coordinate with the agency if significant replacement
needs arise.
Costs decreased significantly due to reclassification of certain expenses to Support Services. Maintenance and
licensing costs for items such as vehicle cameras, Axon body-worn cameras, drones, tasers, ATT mobile phones,
Evertel, Desk Officer Reporting, RIMS, and Turbo Data
have been recategorized under Support Services.
Training Expenses Budget allocation for specialty training, estimated at $1,160 per FTE. No changes.
Canine Expenses
Budget allocation for dedicated canine units, where
applicable. Includes handler stipends, canine insurance, training, and veterinary expenses.
No changes.
Radio and Communications Charges
Charges for centrally managed radio and communications
services provided by the County Technology Services
Department (TSD). Services include mobile data plans for patrol vehicles, mobile phone connectivity, radio
maintenance and repair, and connectivity to the P25 radio tower system. These charges exclude the purchase of
new radios or equipment and are direct pass-through
costs from the County TSD to departments.
Costs increased due to market price increases for
Microsoft and other software licensing used by TSD
automation services. Additional increases are driven by MOU-related salary and benefit adjustments, radio shop
facility cost increases, higher Motorola software
agreement costs, and the loss of one-time funding
previously used to offset expenses.
Technology Services Charges
Charges for centrally managed infrastructure services
provided by the County Technology Services Department
(TSD), including network and information security,
telephony, data ccenter, and service desk support, and
software licenses such as Microsoft Suite and Adobe.
These charges are direct pass-through costs from County TSD to departments.
Slight increase due to higher annual renewal costs for
software licenses and maintenance.
Vehicle Maintenance and Replacement Costs
Costs for centrally managed vehicle services provided by the County Department of Public Works (DPW). This
includes fuel, direct-bill vehicle mileage charges, and annual vehicle replacement charges and are direct passthrough costs from the County DPW to departments. The vehicle replacement fund is maintained and managed by
the County DPW.
Costs increased due to higher vehicle utilization and a change in the vehicle replacement cost methodology.
Previously, replacement costs were based on initial
purchase price with an assumed 3% annual CPI increase.
Due to significant vehicle price inflation, the new
methodology bases the annual replacement rate on
current replacement costs rather than the original
purchase price. Costs will fluctuate based on vehicle
replacement timing and schedule.
HR and Controller's Office Services Charges
Charges for HR, Risk Management, and Controller's
Office support services, including general liability, bond, auto liability insurance, and enterprise financial system costs allocated to departments. Insurance rates are
established by County Risk Management and fluctuate
based on market conditions and claims experience. These costs are direct pass-through charges from County HR
and the Controller's Office.
Costs increased due to higher auto liability insurance
premiums driven by recent claims experience, as well as increases in Workers' Compensation insurance rates.
Support Services Charges
Cost allocation for centralized support services including technical support, records management, training
coordination, property and evidence management, range
operations, fiscal services, and human resources support.
Costs increased due to MOU-driven salary and benefit
adjustments and the reclassification of certain expenses from Equipment Maintenance to Support Services.
OPERATING COST CATEGORY:
58 TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Anthony McFarlane, Assistant Town Manager
DATE: June 24, 2026
RE: Approve and Authorize the Mayor to Execute a Professional Consultants Agreement for On-Call Engineering and Construction Project Management Services with Interwest Consulting Group, Inc.
RECOMMENDATION
Staff recommend that the Town Council approve and authorize the Mayor to execute a 12-month contract with Interwest Consulting Group, Inc. (Attachment A) in an amount not to exceed $340,000 for Engineering Support and Construction Project Management Services through June 30, 2027.
BACKGROUND
The FY 2026-27 Budget includes Engineering support contract services for day-to-day operations, and project management services for Capital Projects. The current 8-month contract with Interwest Consulting Group, Inc., was approved by Council in Oct 2025 and is set to expire on June 30, 2026. The contract needs to be renewed for Fiscal Year 2026-27.
DISCUSSION
The scope of services that Interwest Consulting Group, Inc., will be providing focuses on the following areas identified in Exhibit A of the Contract,
1. General Engineering Support
2. Capital Improvement Projects (CIP)
3. Construction Management
4. Stormwater Annual Reporting
Other services identified in Exhibit A can be provided on an as-needed basis.
General engineering support and Stormwater annual reporting are operating costs for the General Fund in the amount of $210,000. Construction project management will be funded through the Capital budget in the amount of $130,000.
59 The hourly rate for these services ranges from $196 to $226.
FISCAL IMPACT
Funding for these on-call engineering and construction project management services is available in the proposed FY 2026-27 Operating and Capital Budget. Budget for Engineering and Construction Project Management services will be adjusted at the mid-year budget update should estimated costs exceed budget.
ATTACHMENTS
1. 2 - Interwest - Agreement.pdf
2. 3 - Interwest - Proposal.pdf
60 1
AGREEMENT FOR
CONTRACTOR SERVICES
THIS AGREEMENT is made and entered into this 1
st day of July, 2026 by and
between the Town of Portola Valley, a municipal corporation, (“Town”) and Interwest Consulting Group, Inc (“Contractor”).
RECITALS
A. The Town desires to retain the services of Contractor as an independent contractor to provide services to the Town, as described in more detail in Exhibit A.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A.
2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Scope of Services described in Exhibit A. Contractor is not authorized to perform any services or incur any costs whatsoever under this Agreement until authorized by the Town. All services within the Scope of Work shall be completed prior to June 30, 2027. The Town Manager may extend this completion date by up to six months through a written amendment to this Agreement, provided such extension does not include additional contract funds.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Contractor hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. All work product which Contractor delivers to Town shall be prepared in a first-class and workmanlike manner and comply with the requirements of this Agreement to the Town’s satisfaction.
4. CHANGES TO SCOPE. From time to time, the Town may request, in writing, changes in the Scope of Work. Any such changes mutually agreed upon by the parties, and any corresponding change in compensation and time of performance, shall be made by written amendment to this Agreement.
61 2
5. CONTRACT ADMINISTRATOR. Anthony McFarlane shall serve as the Town’s representative and administer this Agreement (Contract Administrator). All correspondence shall be directed to or through the Contract Administrator.
6. FACILITIES, EQUIPMENT, AND SUPPLIES. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities, equipment, and supplies that may be necessary to perform the services required by this Agreement. The Town shall not be responsible for any damage to persons or property as a result of the use, misuse, or failure of any equipment, facilities, or supplies used by Contractor, or by any of its employees, even though such equipment, facilities, or supplies were provided, rented, or loaned to Contractor by the Town.
7. COMPLIANCE WITH LAW. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.1 Licenses, Permits, and Approvals. Contractor shall obtain and keep in effect at all times during the term of this Agreement, at its sole cost and expense, any and all licenses, permits, and regulatory approvals necessary in the performance of this Agreement. This includes, but is not limited to, a valid business license from the Town.
Contractor represents and warrants to the Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
7.2 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, creed, color, national origin, ancestry, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or military or veteran status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement, as provided in Government Code section 12940. Contractor shall comply with all other applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
7.3 Conflict of Interest. Contractor shall comply with the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Contractor understands that in carrying out this Agreement, its professional responsibility is solely to the Town. Contractor represents and warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Contractor shall not employ or subcontract with a person having such an conflict of interest. Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No officer or 62 3
employee of the Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
7.4 Form 700. Contractor, and its officers, agents, or employees working under this Agreement, shall submit statements of economic interest (Form 700s) under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by the Town Manager.
8. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until June 30 of the calendar year following the effective date of this Agreement, unless earlier terminated pursuant to Section 21, below.
9. COMPENSATION. The Town will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $340,000 (“Contract Price”), based upon the Scope of Services, budget, and rates in Exhibit A, attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of the Town.
9.1 Payment for Additional Scope. Payments for any additional services not included in the original Scope of Work and agreed to by the parties under Section 4 of this Agreement shall be made on a time-and-materials basis using the rates in Exhibit A.
10. METHOD OF PAYMENT. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for Town approval. Failure to timely submit a complete and accurate payment requisition relieves the Town of any further payment or other obligations under the Agreement.
11. CONTRACTOR’S REPRESENTATIVE. Subject to Town approval, Contractor assigns Matthew K. Causley as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Representative is responsible for coordinating and scheduling the Services in accordance with the Scope of Services. Contractor must regularly update the Town’s Contract Administrator about the progress with the work or any delays, as required under the Scope of Services. The Town’s written approval is required prior to substituting a new Representative.
12. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the Town. No relationship of employer and employee is created by this agreement between the Town and Contractor or any subcontractor or employee of Contractor. The Town shall have the right to control Contractor only insofar as specifying the results of 63 4
Contractor's services rendered pursuant to this Agreement. The Town shall not have the right to control or direct the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall direct and control its personnel and shall pay all wages, salaries, and other amounts due its personnel in connection with this Agreement as required by law.
12.1 Contractor No Agent. Except as the Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of the Town in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind the Town to any obligation whatsoever.
12.2 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against the Town for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. The Town shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to the Town any payments due by the Town as a result of such determination, so that the Town’s total expenses under this Agreement are not greater than they would have been had the determination not been made.
13. CONFIDENTIALITY. In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the Town, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to Town. Contractor shall hold in confidence all Town information provided by the Town to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect the Town’s information as a reasonably prudent contractor would use to protect its own proprietary data.
14. OWNERSHIP OF MATERIAL. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the Town upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by the Town. In any case, no Work Product shall be shown to any third-party without prior written approval of the Town. 64 5
15. INTELLECTUAL PROPERTY. Contractor represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this Agreement. Contractor further represents that it shall ensure the Town has the legal right to utilize all intellectual property involved in and/or resulting from Contractor’s performance of this Agreement.
16. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Contractor agrees not to accept any employment or representation during the term of this Agreement which is or may make Contractor “financially interested” (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Contractor has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Contractor from accepting other engagements with the Town.
17. ASSIGNABILITY; SUBCONTRACTING. The Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s personal competence, experience, and specialized knowledge. Moreover, a substantial inducement to the Town for entering into this Agreement was and is the professional reputation of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
18. INDEMNIFICATION.
18.1 Indemnity for Design Professional Liability. With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Contractor shall indemnify and hold harmless the Town, its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Contractor or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually “Contractor”), in the performance of this Agreement or failure to comply with any obligations of the Agreement.
If it is finally determined (through a non-appealable judgment or an agreement between the Town and Contractor) that liability is caused by the comparative negligence or willful misconduct of the Town, then Contractor’s indemnification and hold harmless obligation shall not exceed Contractor’s finally determined percentage of liability based upon the 65 6
comparative fault of Contractor. Irrespective of any language to the contrary in this Agreement, the Contractor has no duty to provide or to immediately pay for an up-front defense of the Town against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the Town to the extent caused by the negligence, recklessness, or willful misconduct of Contractor. In no event shall the cost to defend charged to Contractor exceed Contractor’s proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code.
18.2 Indemnity for Other Than Design Professional Liability. Except as provided in subsection 18.1, to the fullest extent permitted by law, Contractor shall hold harmless, defend (with counsel agreed to by the Town), and indemnify the Town and its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Contractor or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the Town. Contractor’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.
18.3 No Limitations. Acceptance by the Town of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. The obligations of Contractor under this Section 18 will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Town, its officers, officials, agents, employees, and volunteers. For purposes of Section 2782 of the California Civil Code, the parties hereto recognize and expressly agree that either (1) this Agreement is not a construction contract; (2) this Agreement is a construction contract and it conforms to Section 2782; or (3) they have negotiated and expressly agreed to the allocation of liability between them.
18.4 Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 18 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of the Town to monitor compliance with these requirements imposes no additional obligations on the Town and will in no way act as a waiver of any rights hereunder.
18.5 Cooperation. In the event any claim or action is brought against the Town relating to Contractor’s performance in connection with this Agreement, Contractor 66 7
shall render any reasonable assistance that the Town may require in responding to or defending against such claim or action.
18.6 Offset. The Town shall have the right to offset against the amount of any compensation due Contractor under this Agreement any amount due the Town from Contractor as a result of Contractor’s failure to pay the Town promptly any indemnification due under this Section 18 as finally determined by a court of competent jurisdiction or mutually agreed to by the parties.
18.7 Survival. Contractor acknowledges that the Town would not enter into this Agreement in the absence of Contractor’s commitment to indemnify and protect the Town as set forth in this Section 18. This obligation to indemnify and protect the Town as set forth in this Section 18 is binding on the successors, assigns, or heirs of Contractor and shall survive the expiration or termination of this Agreement.
19. INSURANCE REQUIREMENTS. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement, or longer as required by the Town. The Town will not execute the Agreement until the Town approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in the Town, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
20. SUSPENSION. The Town may, in writing, order Contractor to suspend all or any part of Contractor’s services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Contractor. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
21. TERMINATION.
21.1 Contractor may cancel this Agreement at any time and without cause upon 30 days’ written notice to the Town. The Town may cancel this Agreement at any time and without cause upon 5 day’s written notice to Contractor. If the Town gives such notice, Contractor shall immediately suspend its activities under this Agreement, except for any Services that must be completed pursuant to the notice of termination. In the event of termination, Contractor shall be entitled to compensation for satisfactory services performed to the effective date of termination. Contractor shall substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town’s right of termination shall be in addition to all other remedies available under law to the Town.
21.2 The Town may condition payment of final compensation upon Contractor delivering to the Town any or all documents, photographs, and other materials 67 8
provided to Contractor or prepared by or for Contractor or the Town in connection with this Agreement.
22. CONTRACTOR’S BOOKS AND RECORDS. Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. This Section shall survive expiration or termination of this Agreement.
23. INSPECTION AND AUDIT OF RECORDS. Any records or documents that Section 22 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement. This Section shall survive expiration or termination of this Agreement.
24. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition.
Acceptance by the Town of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town’s making of any payment to Contractor constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Contractor, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
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25. NOTICES. The parties will make good faith efforts to provide advance courtesy notice via e-mail of any notices under this Agreement. In addition to such courtesy notice, official notice shall be delivered by hand, overnight courier, or U.S. mail.
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, overnight courier service during Contractor’s and the Town’s regular business hours, or the following day if delivered after business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). Under no circumstances shall courtesy e-mail notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Email: [email protected]
To Contractor:
Matthew K. Causley
Interwest Consulting Group, Inc
9300 W. Stockton Blvd, Suite 105
Elk Grove, CA 95758
Email: [email protected]
26. VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo.
27. COOPERATION. In the event any claim or action is brought against the Town relating to Contractor’s performance or services under this Agreement, Contractor shall render any reasonable assistance and cooperation which the Town might require.
28. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
29. PRIOR AGREEMENTS AND AMENDMENT; ENTIRE AGREEMENT. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. This Agreement may only be modified by a written amendment duly executed by the parties 69 10
to this Agreement. Any amendment relating to compensation for Contractor shall be for only a not-to-exceed sum.
30. MISCELLANEOUS PROVISIONS.
30.1 Dispute Resolution. The parties shall make a good faith effort to meet and to settle any dispute or claim arising under this Agreement prior to pursuing litigation.
If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys’ fees and costs.
30.2 Severability. If a court of competent jurisdiction finds or rules that any provision, including but not limited to any clause, term, section, or subsection, of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
30.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a continuing waiver or a waiver of any other breach of that term or any other term of this Agreement. No waiver or modification is valid unless made in writing.
30.4 Successors and Assigns. The provisions of this Agreement and all surviving covenants shall inure to the benefit of and shall apply to and bind the successors, heirs, and assigns of the parties.
30.5 Notice of Non-Renewal. Contractor understands and agrees that there is no representation, implication, or understanding that the Town will request that services provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement.
Contractor waives all rights or claims to notice or hearing respecting any failure by the Town to continue to request or retain all or any portion of the services from Contractor following the expiration or termination of this Agreement.
30.6 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
30.7 Authority to Sign Agreement. Each individual executing this Agreement represents and warrants that he or she is duly authorized to sign on behalf of the party indicated and to bind that party to the Agreement.
30.8 Governing Law. The laws of the State of California shall govern this Agreement.
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30.9 Electronic Signatures. Unless otherwise prohibited by law, the parties agree that an electronic signature to this Agreement and an electronic copy of this Agreement have the same force and legal effect as an original ink signature transmitted in hard copy (e.g., transmission via email of a .pdf file containing a scanned or digitally applied signature).
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement effective as of the first date written above.
TOWN: CONTRACTOR:
By: _______________________
Mayor
By: _______________________
Name (printed):________________
Title: _______________________
EIN: _______________________
ATTEST:
____________________________
Town Clerk
APPROVED AS TO FORM:
____________________________
Town Attorney
Attachments:
Exhibit A. Scope of Work
Exhibit B. Insurance Requirements
___ Exhibit C. Prevailing Wage (box checked if applicable to this Agreement) 71 12
EXHIBIT A
(SCOPE, LEVEL OF SERVICES, AND COMPENSATION)
1. Engineering Services
The contract covers scope, responsibilities, and service levels for professional engineering services in support of the Town Engineer related to the Town’s infrastructure planning, design, construction, and maintenance programs.
Services also include plan review (plan check) and inspection services for all construction projects within the Town's jurisdiction. This ensures public safety, compliance with applicable codes, and consistent enforcement of regulations.
2. Scope of Services
The Consultant shall provide the following services, on an as-needed basis:
2.1. General Engineering Support
• Attend meetings with Town staff, elected and/or appointed officials, and the public.
• Provide technical consultation on infrastructure-related matters. • Prepare staff reports, exhibits, and technical memoranda.
2.2. Capital Improvement Projects (CIP)
• Assist in CIP planning and project prioritization.
• Develop preliminary and final engineering designs.
• Prepare construction documents (plans, specifications, and estimates). • Coordinate with permitting agencies (e.g., DOT, EPA, local utilities). • Provide bidding assistance and contractor selection support.
2.3. Construction Management
• Provide construction inspection and administration.
• Review and process submittals and Requests for Information (RFIs). • Maintain records of construction progress.
• Assist with change orders and claims analysis.
• Perform final inspections and close-out documentation.
2.4. Stormwater Annual Reporting
• Provide Stormwater Annual Reporting Support services per the requirements of the Municipal Regional Stormwater NPDES Permit (MRP) in coordination with Town Engineer and staff.
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• Develop report utilizing Bay Area Municipal Stormwater Collaborative agency.
• Compile Town’s database and staff meeting information to report annual activities to comply with current MRP.
• Develop a list of newly installed stormwater treatment systems. • Submit Final Report to the Water Board via the SMARTS database.
2.5. Development Review
• Review engineering plans and reports submitted by developers. • Ensure compliance with Town State and codes,
standards, ordinances and regulations.
• Provide comments and recommendations to Town planning and building staff.
• Provide support to Town staff regarding Town Committee review, comments, and conditions of approval.
2.6 Specialized Services (if applicable)
• Stormwater management and drainage studies.
• Pavement condition assessment and asset management.
• Traffic and transportation engineering.
• Water and wastewater systems design and evaluation.
• Environmental review and permitting.
3. Level of Service
The Consultant shall perform all services in accordance with industry standards and the specific expectations set by the Town, including:
3.1. Responsiveness
• Respond to Town inquiries within 1 – 2 business days
• Attend scheduled meetings and provide deliverables in a timely manner. • Standard targets from the date of complete submittal:
Project Type First Review Re-Review
Single-Family Residential (minor) 10 business
days 5 business days
Single-Family Residential (new) 10 business
days 5 business days
Commercial Tenant Improvement 15 business
days
10 business
days
New Commercial/Multi-Family 15 business
days
10 business
days
Expedite Review (over-thecounter) 5 days 5 days
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Note: Times may vary based on project complexity and completeness of submittal, and State regulatory requirements.
3.2. Quality Control
• Maintain a documented QA/QC process for all deliverables. • Submit draft documents for Town review before finalization.
3.3. Availability
• Assign a designated Project Manager who will be the primary point of contact.
• Provide adequate staffing and resources to meet project schedules.
3.4. Communication
• Provide regular project updates (e.g., bi-weekly or monthly). • Use clear, concise, and professional written and verbal communication.
3.5. Compliance
• Adhere to all applicable federal, state, and local laws, codes, and standards.
• Maintain necessary licenses and certifications.
4. Deliverables
Depending on the scope of the individual task orders or assignments, deliverables may include:
• Preliminary Engineering Reports
• Design Drawings and Specifications
• Cost Estimates
• Environmental Documentation
• Development Review Comments
• Permit Submittal Review Comments and mark-up
• Construction Schedules
• Inspection Reports
• As-Built Drawings
• Technical Memos
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(FEE SCHEDULE)
Classification Hourly
Rate
Classification Hourly
Rate
Engineering Construction Management
Principal in Charge $273 Construction Manager $196
Principal Engineer $247 Asst Construction Manager $175
Town Surveyor $237 Supervising Public Works Observer $185 Town Engineer $242 Sr Public Works Observer $185
Project Manager $226 Public Works Observer III $170
Sr Traffic Engineer $216 Public Works Observer II $155
Traffic Engineer III $206 Public Works Observer I $139
Traffic Engineer II $196
Traffic Engineer I $185 Landscape Design Review Services Traffic Engineering Associate II $170 Project Manager $201 Traffic Engineering Associate I $160 Senior Landscape Design Reviewer $180 Transportation Engineer $226 Landscape Design Reviewer $165 Supervising Engineer $221 Landscape Maintenance Inspector $139 Senior Engineer $216 Landscape Field Supervisor $139
Licensed Land Surveyor $206
Engineering Associate III $170 Administrative
Engineering Associate II $160 Grant Manager $175
Engineering Associate I $149 Grant Writer $165
Survey Technician $139 Management Analyst II $134
Senior Engineering Technician $139 Management Analyst I $124 Engineering Technician III $139 Senior Administrative $124 Engineering Technician II $124 Administrative III $103
Engineering Technician I $113 Administrative II $98
Student Trainee $57
Grading Plans Examiner $175
Beginning on the 1st anniversary of the effective date of the agreement and annually thereafter, the hourly rates listed above shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally Adjusted, All Urban Consumers, referred to herein, as the “CPI”).
Such increase shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, then the rates shall remain unchanged.
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EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, Contractor shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with performance of this Agreement by Contractor and/or its agents, representatives, employees, or subcontractors. Such insurance shall be at least as broad as set forth below. The insurance requirements listed below that have an “X” indicated in the space before the requirement apply to this Agreement, together with the general requirements.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Commercial General Liability. Insurance covering commercial general liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, personal injury, and advertising injury with coverage limits of not less than
1.1.1 __X_ Two Million Dollars ($2,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the
aggregate for bodily injury, personal injury and property damage.
1.1.2 ____ Five Million Dollars ($5,000,000) combined single limit per claim and Five Million Dollars ($5,000,000) in the
aggregate for bodily injury, personal injury and property damage.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
1.2 Automobile Liability. Insurance covering any auto, or if Contractor has no owned autos, both hired and non-owned autos, with minimum limits no less than
1.2.1 __X_ One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident for bodily injury and property damage.
1.2.2 ____ Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident for bodily injury and property damage.
1.3 Workers’ Compensation Insurance. Insurance as required by the laws of the State of California, with statutory limits, and Employer’s Liability Insurance 76 17
with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. Contractor shall submit to the Town a Waiver of Subrogation endorsement in favor of the Town, its officers, agents, employees, and volunteers for Contractor’s workers compensation policy.
____ Check here if Contractor has no employees and Workers’ Compensation insurance requirement is thus waived.
1.4 ____ Professional Liability (Errors and Omissions) Insurance.
Insurance appropriate to Contractor’s profession, with coverage limits of not less than
1.4.1 __X_ Two Million Dollars ($2,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.
1.4.2 ____ Five Million Dollars ($5,000,000) per occurrence or claim, Five Million Dollars ($5,000,000) aggregate.
The insurance obligations under this agreement shall be (1) the minimum coverage and limits specified above; or (2) all the Insurance coverage and/or limits carried by or available to Contractor, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the Town. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
2. OTHER INSURANCE PROVISIONS.
2.1 Acceptability of Insurer. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide
2.2 Additional Insureds. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language naming the Town and its officers, officials, employees, agents, and volunteers as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations.
2.3 Primary Coverage. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language providing that, for any claims related to this Agreement, those policies shall be primary to any coverage available to the Town. And any insurance or self-insurance maintained by the Town and/or its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
2.4 Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, expect with notice to the Town. 77 18
2.5 Enforcement. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, the Town may either (i) require Contractor to obtain the insurance, (ii) immediately terminate this Agreement; or (iii) take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
2.6 Evidence of Insurance. At all times during the term of this Agreement, Contractor shall maintain on file with the Town a certificate or certificates of insurance and amendatory endorsements or copies of the applicable policy language evidencing current coverage meeting the requirements of this Agreement. Such evidence of insurance shall be attached hereto as Exhibit B and is to be approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
2.7 Policy Renewals. Contractor shall provide proof that policies of insurance required herein expiring, or cancelled, during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages, or immediately for any policy being cancelled.
2.8 Subcontractors. The Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements or policy language demonstrating compliance with the insurance requirements herein prior to commencement of any work by the subcontractor and shall provide proof of compliance to the Town.
2.9 Maintaining Insurance. Contractor shall not cancel, assign, or change any policy of insurance required by this Agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this Agreement except after providing 30 days prior written notice to the Town. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Contractor shall immediately provide written notice to the Town and obtain substitute insurance meeting the requirements of this Agreement. Nothing in this subsection relieves Contractor of its obligation to at all times maintain all insurance required by this Agreement.
2.10 Waiver of Subrogation. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Contractor hereby grants to the Town a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer (unless the waiver would void the coverage).
78 19
2.11 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to the Town, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
2.12 Liability. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duties to indemnify, hold harmless, and defend under this Agreement.
2.13 Claims Made Policies. No insurance policy required herein shall be written as claims-made coverage. Insurance must be written on an occurrence basis.
Nonetheless, if it is not possible for a required professional liability policy to be written on an occurrence basis, the professional liability coverage shall be maintained, and Contractor shall provide evidence of coverage to the Town for five years after expiration or termination of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail “extended reporting” coverage applicable to said five-year period.
2.14 Survival. The provisions of this Section survive expiration or termination of this Agreement.
2.15 Verification of Coverage. Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All required documents are to be received and approved by the Entity before work commences. However, failure to obtain the documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
79 20
EXHIBIT C
PREVAILING WAGE
1. ___ If this box is checked, the following prevailing wage provisions apply to this Agreement.
1.1 In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code, and shall not engage in the performance of any work under this Agreement, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subconsultants as required, to the Town.
1.3 Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.
1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law.
1.5 Report on Prevailing Rate of Wages. The Town has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the Town of Portola Valley City Hall, and shall be made available to any interested party upon request.
1.6 Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, 80 21
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
1.7 Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations.
2002846.8
81 June 16, 2026
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Attention: Anthony McFarlane
Subject: Proposal for As-Needed Project Management Services Dear Anthony,
Interwest Consulting Group is pleased to submit this proposal to provide Project Management services to the Town of Portola Valley. We understand the Town may require additional project management resources to assist with the planning, coordination, and delivery of capital improvement, infrastructure, and municipal projects. Our experienced staff is available to provide responsive support and technical expertise to help the Town successfully meet its project objectives.
Scope of Services
Interwest will provide Project Management services on an as-needed basis, including, but not limited to, the following:
• Coordinate and communicate with Town staff, consultants, contractors, utility providers, regulatory agencies, and project stakeholders.
• Develop, monitor, and manage project schedules, budgets, milestones, and deliverables. • Oversee consultant and contractor performance to ensure compliance with project requirements and timelines.
• Facilitate project meetings and prepare agendas, meeting summaries, action items, and follow-up documentation.
• Monitor project progress, identify potential risks or issues, and recommend corrective actions as necessary.
• Assist with permit processing, agency coordination, and regulatory compliance requirements. • Prepare project status reports, budget updates, and recommendations for Town staff and decision-makers.
• Provide project administration, document management, and general project support services. • Review project plans, specifications, studies, reports, and technical documents as requested. • Support procurement activities, consultant selection processes, and contract administration when needed.
• Perform other project management-related services as authorized by the Town. 82 Compensation
Services will be performed on a time-and-materials basis at the hourly rate shown below. It is anticipated that the assignment will require approximately 20 hours per week of Project Manager support to provide ongoing project coordination, consultant oversight, schedule management, and general project delivery assistance. Actual hours may vary depending on project demands and Town priorities.
Classification Hourly Rate
Project Manager $226.00 per hour
Authorized direct expenses will be billed at cost in accordance with the Town's requirements.
Schedule
Services will be provided upon authorization by the Town and will be performed as requested. Interwest will coordinate closely with Town staff to establish priorities and ensure timely completion of assigned tasks.
We appreciate the opportunity to provide these services to the Town of Portola Valley and look forward to supporting the Town's project delivery efforts. Please contact us with any questions regarding this proposal.
Sincerely,
Jason Kabalin, PE
Interwest Consulting Group
83 TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Sarah Cawrse, Planning & Building Director
DATE: June 24, 2026
RE: Approve and Authorize the Mayor to Execute a Professional Services Agreement for On-Call Planning, Building, Code Enforcement, and Engineering Services with CSG Consultants, Inc.
RECOMMENDATION
Staff recommend that the Town Council approve and authorize the Mayor to execute a Professional Consultant Services Agreement (Attachment 1) for a 12-month period in an amount not to exceed $675,000 for On-Call Planning, Building, Code Enforcement, and Engineering Services with CSG Consultants, Inc. from July 1, 2026 through June 30, 2027.
BACKGROUND
The FY 26-27 Budget includes Planning, Building, Code Enforcement, and Engineering contract services for day-to-day operations that are covered through Fund 701-Customer Deposits, with additional consultant support as needed budgeted through the Planning Division – 310 (62009) Miscellaneous Consultants, the Building Division – 320 (62042) Plan Check Services, and the Building Division – 320 (62009) Miscellaneous Consultants line items in the general fund expense. The budget for this contract is based on expenditure for FY 25-26 and anticipated operations for FY 26-27.
DISCUSSION
CSG Consultants, Inc. has successfully provided the Town on-call planning, building, code enforcement, and engineering services for the past several years. They provide essential services to the Town and have deep expertise in the Town’s Planning and Building work and provide permit tech and front counter support. This contract will ensure services and day-to-day operations continue in FY 26-27.
FISCAL IMPACT
Funding for these on-call services is available in the FY 2026-27 adopted Town Budget for the Planning and Building Department. Most of these services are related to Planning and Building permit processing, which is funded through application fees and deposits. These are applicant-paid pass-through costs.
CSG Consultants, Inc. also performs services which might apply to the General Fund.
ATTACHMENTS
1. Agreement Between the Town of Portola Valley and CSG Consultants, Inc. 84 1
AGREEMENT FOR
CONTRACTOR SERVICES
THIS AGREEMENT is made and entered into this __ day of __________, ___ by and between the Town of Portola Valley, a municipal corporation, (“Town”) and ___________________________________ (“Contractor”).
RECITALS
A. The Town desires to retain the services of Contractor as an independent contractor to provide services to the Town, as described in more detail in Exhibit A.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A.
2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Scope of Services described in Exhibit A.
Contractor is not authorized to perform any services or incur any costs whatsoever under this Agreement until authorized by the Town. All services within the Scope of Work shall be completed prior to ______________. The Town Manager may extend this completion date by up to six months through a written amendment to this Agreement, provided such extension does not include additional contract funds.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Contractor hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. All work product which Contractor delivers to Town shall be prepared in a first-class and workmanlike manner and comply with the requirements of this Agreement to the Town’s satisfaction.
4. CHANGES TO SCOPE. From time to time, the Town may request, in writing, changes in the Scope of Work. Any such changes mutually agreed upon by the parties, and any corresponding change in compensation and time of performance, shall be made by written amendment to this Agreement.
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5. CONTRACT ADMINISTRATOR. _____________________________ shall serve as the Town’s representative and administer this Agreement (Contract Administrator). All correspondence shall be directed to or through the Contract Administrator.
6. FACILITIES, EQUIPMENT, AND SUPPLIES. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities, equipment, and supplies that may be necessary to perform the services required by this Agreement.
The Town shall not be responsible for any damage to persons or property as a result of the use, misuse, or failure of any equipment, facilities, or supplies used by Contractor, or by any of its employees, even though such equipment, facilities, or supplies were provided, rented, or loaned to Contractor by the Town.
7. COMPLIANCE WITH LAW. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.1 Licenses, Permits, and Approvals. Contractor shall obtain and keep in effect at all times during the term of this Agreement, at its sole cost and expense, any and all licenses, permits, and regulatory approvals necessary in the performance of this Agreement. This includes, but is not limited to, a valid business license from the Town.
Contractor represents and warrants to the Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
7.2 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, creed, color, national origin, ancestry, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or military or veteran status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement, as provided in Government Code section 12940. Contractor shall comply with all other applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
7.3 Conflict of Interest. Contractor shall comply with the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Contractor understands that in carrying out this Agreement, its professional responsibility is solely to the Town. Contractor represents and warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Contractor shall not employ or subcontract with a person having such an conflict of interest. Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No 86 3
officer or employee of the Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
7.4 Form 700. Contractor, and its officers, agents, or employees working under this Agreement, shall submit statements of economic interest (Form 700s) under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by the Town Manager.
8. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until ________________________________________, unless earlier terminated pursuant to Section 21, below.
9. COMPENSATION. The Town will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $________________________ (“Contract Price”), based upon the Scope of Services, budget, and rates in Exhibit A, attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of the Town.
9.1 Payment for Additional Scope. Payments for any additional services not included in the original Scope of Work and agreed to by the parties under Section 4 of this Agreement shall be made on a time-and-materials basis using the rates in Exhibit A.
10. METHOD OF PAYMENT. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for Town approval. Failure to timely submit a complete and accurate payment requisition relieves the Town of any further payment or other obligations under the Agreement.
11. CONTRACTOR’S REPRESENTATIVE. Subject to Town approval, Contractor assigns ________________ as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Representative is responsible for coordinating and scheduling the Services in accordance with the Scope of Services. Contractor must regularly update the Town’s Contract Administrator about the progress with the work or any delays, as required under the Scope of Services. The Town’s written approval is required prior to substituting a new Representative.
12. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the Town. No relationship of employer and employee is created by this agreement between the Town and Contractor or any subcontractor or employee of 87 4
Contractor. The Town shall have the right to control Contractor only insofar as specifying the results of Contractor's services rendered pursuant to this Agreement. The Town shall not have the right to control or direct the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall direct and control its personnel and shall pay all wages, salaries, and other amounts due its personnel in connection with this Agreement as required by law.
12.1 Contractor No Agent. Except as the Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of the Town in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind the Town to any obligation whatsoever.
12.2 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against the Town for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. The Town shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to the Town any payments due by the Town as a result of such determination, so that the Town’s total expenses under this Agreement are not greater than they would have been had the determination not been made.
13. CONFIDENTIALITY. In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the Town, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to Town. Contractor shall hold in confidence all Town information provided by the Town to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect the Town’s information as a reasonably prudent contractor would use to protect its own proprietary data.
14. OWNERSHIP OF MATERIAL. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the Town upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by the Town. 88 5
In any case, no Work Product shall be shown to any third-party without prior written approval of the Town.
15. INTELLECTUAL PROPERTY. Contractor represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this Agreement. Contractor further represents that it shall ensure the Town has the legal right to utilize all intellectual property involved in and/or resulting from Contractor’s performance of this Agreement.
16. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Contractor agrees not to accept any employment or representation during the term of this Agreement which is or may make Contractor “financially interested” (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Contractor has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Contractor from accepting other engagements with the Town.
17. ASSIGNABILITY; SUBCONTRACTING. The Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s personal competence, experience, and specialized knowledge. Moreover, a substantial inducement to the Town for entering into this Agreement was and is the professional reputation of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
18. INDEMNIFICATION.
18.1 Indemnity for Design Professional Liability. With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Contractor shall indemnify and hold harmless the Town, its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Contractor or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually “Contractor”), in the performance of this Agreement or failure to comply with any obligations of the 89 6
Agreement. If it is finally determined (through a non-appealable judgment or an agreement between the Town and Contractor) that liability is caused by the comparative negligence or willful misconduct of the Town, then Contractor’s indemnification and hold harmless obligation shall not exceed Contractor’s finally determined percentage of liability based upon the comparative fault of Contractor. Irrespective of any language to the contrary in this Agreement, the Contractor has no duty to provide or to immediately pay for an up-front defense of the Town against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the Town to the extent caused by the negligence, recklessness, or willful misconduct of Contractor. In no event shall the cost to defend charged to Contractor exceed Contractor’s proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code.
18.2 Indemnity for Other Than Design Professional Liability. Except as provided in subsection 18.1, to the fullest extent permitted by law, Contractor shall hold harmless, defend (with counsel agreed to by the Town), and indemnify the Town and its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Contractor or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the Town. Contractor’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.
18.3 No Limitations. Acceptance by the Town of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. The obligations of Contractor under this Section 18 will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Town, its officers, officials, agents, employees, and volunteers. For purposes of Section 2782 of the California Civil Code, the parties hereto recognize and expressly agree that either (1) this Agreement is not a construction contract; (2) this Agreement is a construction contract and it conforms to Section 2782; or (3) they have negotiated and expressly agreed to the allocation of liability between them.
18.4 Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 18 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of the Town to monitor 90 7
compliance with these requirements imposes no additional obligations on the Town and will in no way act as a waiver of any rights hereunder.
18.5 Cooperation. In the event any claim or action is brought against the Town relating to Contractor’s performance in connection with this Agreement, Contractor shall render any reasonable assistance that the Town may require in responding to or defending against such claim or action.
18.6 Offset. The Town shall have the right to offset against the amount of any compensation due Contractor under this Agreement any amount due the Town from Contractor as a result of Contractor’s failure to pay the Town promptly any indemnification due under this Section 18 as finally determined by a court of competent jurisdiction or mutually agreed to by the parties.
18.7 Survival. Contractor acknowledges that the Town would not enter into this Agreement in the absence of Contractor’s commitment to indemnify and protect the Town as set forth in this Section 18. This obligation to indemnify and protect the Town as set forth in this Section 18 is binding on the successors, assigns, or heirs of Contractor and shall survive the expiration or termination of this Agreement.
19. INSURANCE REQUIREMENTS. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement, or longer as required by the Town. The Town will not execute the Agreement until the Town approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in the Town, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
20. SUSPENSION. The Town may, in writing, order Contractor to suspend all or any part of Contractor’s services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Contractor. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
21. TERMINATION.
21.1 Contractor may cancel this Agreement at any time and without cause upon 30 days’ written notice to the Town. The Town may cancel this Agreement at any time and without cause upon 5 day’s written notice to Contractor. If the Town gives such notice, Contractor shall immediately suspend its activities under this Agreement, except for any Services that must be completed pursuant to the notice of termination. In the event of termination, Contractor shall be entitled to compensation for satisfactory services performed to the effective date of termination. Contractor shall 91 8
substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town’s right of termination shall be in addition to all other remedies available under law to the Town.
21.2 The Town may condition payment of final compensation upon Contractor delivering to the Town any or all documents, photographs, and other materials provided to Contractor or prepared by or for Contractor or the Town in connection with this Agreement.
22. CONTRACTOR’S BOOKS AND RECORDS. Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. This Section shall survive expiration or termination of this Agreement.
23. INSPECTION AND AUDIT OF RECORDS. Any records or documents that Section 22 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement. This Section shall survive expiration or termination of this Agreement.
24. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town’s making of any payment to Contractor constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Contractor, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
92 9
25. NOTICES. The parties will make good faith efforts to provide advance courtesy notice via e-mail of any notices under this Agreement. In addition to such courtesy notice, official notice shall be delivered by hand, overnight courier, or U.S. mail. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, overnight courier service during Contractor’s and the Town’s regular business hours, or the following day if delivered after business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). Under no circumstances shall courtesy e-mail notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Email: _____________________
To Contractor:
________________________
________________________
________________________
Email: ___________________
26. VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo.
27. COOPERATION. In the event any claim or action is brought against the Town relating to Contractor’s performance or services under this Agreement, Contractor shall render any reasonable assistance and cooperation which the Town might require.
28. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
29. PRIOR AGREEMENTS AND AMENDMENT; ENTIRE AGREEMENT. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement.
This Agreement may only be modified by a written amendment duly executed by the 93 10
parties to this Agreement. Any amendment relating to compensation for Contractor shall be for only a not-to-exceed sum.
30. MISCELLANEOUS PROVISIONS.
30.1 Dispute Resolution. The parties shall make a good faith effort to meet and to settle any dispute or claim arising under this Agreement prior to pursuing litigation. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys’ fees and costs.
30.2 Severability. If a court of competent jurisdiction finds or rules that any provision, including but not limited to any clause, term, section, or subsection, of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
30.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a continuing waiver or a waiver of any other breach of that term or any other term of this Agreement. No waiver or modification is valid unless made in writing.
30.4 Successors and Assigns. The provisions of this Agreement and all surviving covenants shall inure to the benefit of and shall apply to and bind the successors, heirs, and assigns of the parties.
30.5 Notice of Non-Renewal. Contractor understands and agrees that there is no representation, implication, or understanding that the Town will request that services provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by the Town to continue to request or retain all or any portion of the services from Contractor following the expiration or termination of this Agreement.
30.6 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
30.7 Authority to Sign Agreement. Each individual executing this Agreement represents and warrants that he or she is duly authorized to sign on behalf of the party indicated and to bind that party to the Agreement.
30.8 Governing Law. The laws of the State of California shall govern this Agreement.
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30.9 Electronic Signatures. Unless otherwise prohibited by law, the parties agree that an electronic signature to this Agreement and an electronic copy of this Agreement have the same force and legal effect as an original ink signature transmitted in hard copy (e.g., transmission via email of a .pdf file containing a scanned or digitally applied signature).
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement effective as of the first date written above.
TOWN: CONTRACTOR:
By: _______________________ By: _______________________ Name (printed):________________
Title: _______________________
EIN: _______________________
ATTEST:
____________________________
Town Clerk
APPROVED AS TO FORM:
____________________________
Town Attorney
Attachments:
Exhibit A. Scope of Work
Exhibit B. Insurance Requirements
___ Exhibit C. Prevailing Wage (box checked if applicable to this Agreement) 95 EXHIBIT A
(PLANNING SCOPE OF SERVICES)
1. Planning Staff Services
This contract covers professional on-call town planning staff services to be provided by CSG Consultant for the benefit of the Town of Portola Valley in relation to supplemental Town Planning staff services. The staff services will be delivered in accordance with applicable Portola Valley Municipal Code, State and Federal legislation, Town Policies, and industry best practices.
2. Scope of Services
The consultant shall provide the following staff services, on an as-needed basis:
2.1 Preliminary Planning Information
• Site review and constraints analysis
• General Plan Policy, Municipal Code, Design Guidelines interpretation • Policy and regulatory framework review
• Preliminary information on land use proposals
• Applicant preapplication meetings/guidance
• Historical permit/information research
• Zoning verification letters
2.2 Planning Strategy and Reports
• Preparation of planning strategies or masterplans
• Town design guidelines, policies, programs input
• Drafting Planning Proposals / Amendments
• Development feasibility assessment
• Drafting staff reports and presenting to Council, Commissions, Committees, public
2.3 Development Application Services
• Intake and process Development Applications
• Coordinate technical consultants (e.g., engineering, geologic, architect, arborist) • CEQA Environmental Assessments/Reports/Determinations (NODs) • Analize planning permit applications, drafting staff reports and presenting to Council, Commissions, Committees, public
• Responses to Council and Commission Requests for Information • Utilization and integration of OpenGov Permit System
• Close-out procedures for planning permits
96 2.4 General Plan/ Rezoning / Reclassification Services • Preparation and submission of Planning Proposals
• Coordination with local, state or regional planning agencies • Community consultation support
• Staff analysis and report writing
2.5 Planning Representation
• Representation at Council, Commission, Committees or other public meetings/hearings
• Representation at outside organizations and agencies
2.6 Stakeholder Engagement
• Consultation with Council, Commissions, Committees, government agencies, and the public
• Community consultation and reporting
• Stakeholder meeting facilitation
• Front public counter and virtual consultation, as needed.
2.7 Other Services
• GIS Mapping and spatial analysis
• Infrastructure coordination
3. Level of Service
• Assistant to Senior Planner level of professional planning service, as requested • Ensure back-up or alternate staff are available during absences. • Location: Portola Valley Town Hall and Historical School House • Availability: Mon-Fri, 8:30am-5:30pm or as agreed, and Council/Commission meeting nights, as assigned
• Project Planner shall communicate their contact information as point-of-contact to applicant and owner at the time of planning review/permit case assignment. • Planning Permit applications Plan Check turnaround times per Permit Streamlining Act.
Note: Times may vary based on project complexity and completeness of submittal.
97 EXHIBIT A
(BUILDING SCOPE OF SERVICES)
1. Building - Plan Review and Inspection Services
The contract covers scope, responsibilities, and service levels for plan review (plan check) and inspection services for construction projects within the Town's jurisdiction.
This ensures public safety, compliance with applicable codes, and consistent enforcement of regulations.
Services shall be provided under the authority granted by:
• State Building Code
• Local Municipal Code
• Zoning Ordinance
• Health and Safety Regulations
• Fire Code
• Other applicable federal, state, or local laws
2. Scope of Services
2.1 Plan Review Services
The consultant shall provide the following services, on an as-needed basis:
• Review of architectural, structural, mechanical, electrical, plumbing, and energy systems (Fire protection is referred to Woodside Fire Protection District). • Verification of compliance with:
o Zoning and land use requirements
o Building code (CBC, CRC, WUI ordinance, etc.)
o California Energy code
o Accessibility standards (ADA, CBC 11A, 11B, local variants) o Local ordinances and design guidelines
o Stormwater and grading requirements (if applicable)
• Coordination with other departments and agencies (Woodside Fire, Planning, Engineering, Public Works, Woodside Fire, San Mateo County agencies) as needed.
• Issuance of Plan Check Correction Letters.
• Final approval of construction documents and permit issuance. • Utilize and integrate OpenGov permit system.
• Conduct completeness reviews of permit application submissions; assessing fees for building, engineering, planning, fire, environmental health and geology; determining which reviews are required and routing of documents to the appropriate town staff and consultants.
98 • Enter permit information into permitting software, maintenance of review workflow for reviewers, recording of review status and comment letters in permit system. • Provide applicants with project information, sending out comment letters, and stamping of approval documents prior to issuance.
• Responsible for email correspondence in the Town’s Building email mailbox where all submittals are sent to along with general customer inquiries, etc. • Provide responsive customer service by phone, email, or meetings. • Continued process improvements, including but not limited to: updating forms and applications; creation of monthly reports for staff and council; involvement with software enhancements utilized as a super user of software for staff training; and identifying issues in permitting processes and remedying.
• Responsible for Green Halo ticket approvals.
• Processing refunds.
• Monthly plan uploads to San Mateo County Assessor's portal. • Filing historical data into permitting system.
• Identify and implement improvements to the OpenGov permit system. • Determine what is required/not required per the records retention schedule. • Daily check-ins/communications with staff as needed.
Types of Projects Reviewed:
• New residential and commercial buildings
• Additions and remodels
• Tenant improvements
• Accessory Dwelling Units (ADUs)
• Decks, pools, retaining walls
• Solar, EV charging stations, generators
• Demolition plans
• Temporary structures
• Landscape and Hardscape Plan Review
2.2 Inspection Services
Objective:
The consultant shall provide the following services for compliance with approved plans and applicable codes (as applicable):
• Site inspections at required stages of construction
• Review special inspections (as required by code or structural engineer contracted by developer)
• Re-inspections, as needed
• Issuance of correction notices, stop work orders, and Certificates of Occupancy • Fire and life safety inspections (in coordination with Woodside Fire, when required)
• Complaint-based inspections (e.g., unpermitted work, unsafe structures) • Final sign-off upon project completion
99 3. Level of Service and Timelines
3.1 Plan Check Turnaround Times
(Standard targets from the date of complete submittal)
Project Type First Review Re-Review
Single-Family Residential (minor) 10 business days 5 business days Single-Family Residential (new) 10 business days 5 business days Commercial Tenant Improvement 15 business days 10 business days New Commercial/Multi-Family 15 business days 10 business days Expedite Review (over-the-counter) 5 days 5 days
Note: Times may vary based on project complexity and completeness of submittal, and State regulatory requirements.
3.2 Inspection Scheduling and Response Time
Service Response Time
Standard Building Inspection Next business day (if scheduled before 2 PM) Emergency Inspection Same day (case-by-case)
Re-inspections Within 1-2 business days
Complaint Inspections Within 3 business days
4. Performance Standards
• Code compliance shall be enforced consistently, objectively, and professionally. • All staff must be certified by appropriate bodies (ICC, state licensing boards). • Inspections shall be documented and tracked in the permitting system. • Customer service response within 24 hours for inquiries and scheduling. • Continuous improvement through training and updates to procedures and technology.
5. Coordination
• Planning & Building Department – zoning, setbacks, land use, tree removals. • Public Works/Engineering – grading, drainage, geology/soils, public ROW impacts.
• Woodside Fire Protection District – fire access, hydrants, alarms/suppression 100
systems.
• San Mateo County Environmental Health – septic systems, wells, hazardous materials, commercial pools.
6. Recordkeeping and Reporting
• Maintain digital records of all submitted plans, inspection reports, and approvals. • Annual reports on number of plan checks, permits issued, inspections performed, and enforcement actions.
101
EXHIBIT A
(ENGINEERING SCOPE OF SERVICES)
1. Engineering Services
The contract covers scope, responsibilities, and service levels for professional engineering services in support of the Town Engineer related to the Town’s infrastructure planning, design, construction, and maintenance programs. Services also include plan review (plan check) and inspection services for all construction projects within the Town's jurisdiction. This ensures public safety, compliance with applicable codes, and consistent enforcement of regulations.
2. Scope of Services
The Consultant shall provide the following services, on an as-needed basis:
2.1. General Engineering Support
• Attend meetings with Town staff, elected and/or appointed officials, and the public.
• Provide technical consultation on infrastructure-related matters. • Prepare staff reports, exhibits, and technical memoranda.
2.2. Capital Improvement Projects (CIP)
• Assist in CIP planning and project prioritization.
• Develop preliminary and final engineering designs.
• Prepare construction documents (plans, specifications, and estimates). • Coordinate with permitting agencies (e.g., DOT, EPA, local utilities). • Provide bidding assistance and contractor selection support.
2.3. Construction Management
• Provide construction inspection and administration.
• Review and process submittals and Requests for Information (RFIs). • Maintain records of construction progress.
• Assist with change orders and claims analysis.
• Perform final inspections and close-out documentation.
2.4. Stormwater Annual Reporting
• Provide Stormwater Annual Reporting Support services per the requirements of the Municipal Regional Stormwater NPDES Permit (MRP) in coordination with Town Engineer and staff.
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• Develop report utilizing Bay Area Municipal Stormwater Collaborative agency. • Compile Town’s database and staff meeting information to report annual activities to comply with current MRP.
• Develop a list of newly installed stormwater treatment systems. • Submit Final Report to the Water Board via the SMARTS database.
2.5. Development Review
• Review engineering plans and reports submitted by developers. • Ensure compliance with Town State and codes, standards, ordinances and regulations.
• Provide comments and recommendations to Town planning and building staff. • Provide support to Town staff regarding Town Committee review, comments, and conditions of approval.
2.6 Specialized Services (if applicable)
• Stormwater management and drainage studies.
• Pavement condition assessment and asset management.
• Traffic and transportation engineering.
• Water and wastewater systems design and evaluation.
• Environmental review and permitting.
3. Level of Service
The Consultant shall perform all services in accordance with industry standards and the specific expectations set by the Town, including:
3.1. Responsiveness
• Respond to Town inquiries within 1 – 2 business days
• Attend scheduled meetings and provide deliverables in a timely manner. • Standard targets from the date of complete submittal:
Project Type First Review Re-Review
Single-Family Residential (minor) 10 business days 5 business days Single-Family Residential (new) 10 business days 5 business days Commercial Tenant Improvement 15 business days 10 business days New Commercial/Multi-Family 15 business days 10 business days Expedite Review (over-the-counter) 5 days 5 days
Note: Times may vary based on project complexity and completeness of submittal, and State regulatory requirements.
103
3.2. Quality Control
• Maintain a documented QA/QC process for all deliverables. • Submit draft documents for Town review before finalization.
3.3. Availability
• Assign a designated Project Manager who will be the primary point of contact. • Provide adequate staffing and resources to meet project schedules.
3.4. Communication
• Provide regular project updates (e.g., bi-weekly or monthly). • Use clear, concise, and professional written and verbal communication.
3.5. Compliance
• Adhere to all applicable federal, state, and local laws, codes, and standards. • Maintain necessary licenses and certifications.
4. Deliverables
Depending on the scope of the individual task orders or assignments, deliverables may include:
• Preliminary Engineering Reports
• Design Drawings and Specifications
• Cost Estimates
• Environmental Documentation
• Development Review Comments
• Permit Submittal Review Comments and mark-up
• Construction Schedules
• Inspection Reports
• As-Built Drawings
• Technical Memos
104
EXHIBIT A
(CODE ENFORCEMENT SCOPE OF SERVICES)
1. Code Enforcement Services
The contract covers scope, responsibilities, and service levels for code enforcement services within the Town's jurisdiction in accordance with the adopted municipal codes, ordinances, and applicable state laws. Services are to be delivered in a professional, timely, and impartial manner to promote health, safety, and the general welfare of the community.
2. Scope of Services
The Contractor shall perform the following services, on an as-needed basis):
a. Inspection & Investigation
• Conduct field inspections in response to complaints and referrals. • Investigate potential violations of the town’s zoning code, nuisance ordinances, building codes (when applicable), and other municipal regulations. • Document violations with photos, notes, and relevant evidence. b. Noticing & Compliance Process
• Issue notice of violations, administrative citations, stop work orders, and other enforcement documents.
• Provide property owners and/or responsible parties with due process notifications and opportunities for compliance.
• Coordinate with Town Attorney/legal counsel for citations, liens, or court actions as necessary.
c. Case Management
• Maintain accurate and up-to-date records of all enforcement actions using a town-approved software system or tracking method.
• Track status of open cases, follow-up inspections, and compliance deadlines. • Close cases upon verification of full compliance.
d. Community Engagement & Education
• Provide information and guidance to the public regarding code requirements and compliance steps.
• Attend public meetings, as requested, to answer questions or present updates on enforcement activities.
• Support community cleanup or abatement efforts when applicable. 105
e. Abatement Coordination (if applicable)
• Coordinate with Town departments or external contractors to abate violations such as weed abatement, junk removal, or securing vacant properties. • Provide documentation for cost recovery and lien processes. f. Reporting & Communication
• Submit regular written reports, as needed, summarizing:
o Number and type of cases opened and closed.
o Notable violations or enforcement challenges.
o Trends or recurring issues.
• Attend coordination meetings with Town staff, as needed.
3. Level of Service
• Hours of Operation: Contractor shall be available to perform services during regular town business hours (e.g., Monday – Friday, 8 AM – 5 PM), and on weekends or evenings as needed for special enforcement tasks or emergencies. • Response Time:
o Respond to complaints within 48 hours.
o High-priority or health/safety-related issues (e.g., hazardous structures) must be addressed within 24 hours or one business day depending on the case.
• Staffing:
o Provide certified, experienced code enforcement officers. o Ensure backup or alternate staff are available during absences. • Professional Standards:
o Officers must carry identification and conduct themselves in a respectful, neutral, and professional manner.
o Follow all applicable federal, state, and local laws and privacy regulations. 106
EXHIBIT A
(COMPENSATION AND RATES)
See Following Page for CSG Hourly Rate Sheet.
107
FeeSchedule
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE/HOURLY RATE
Building Plan Review by Percentage
Full Building Plan Review by Percentage 65% of Agency’s Building Plan Check Fees Structural Only Plan Review by Percentage 50% of Agency’s Building Plan Check Fees Expedited Plan Review by Percentage 90% of Agency’s Building Plan Check Fees Minimum Plan Review Fee Per Project (See Exclusions) $250 Building Plan Review Hourly Rates(Minimum 1 Hour Per Submittal) Building Plan Review $156
Structural Only Plan Review (Structural Engineer) $176
CASp Plan Review/Consultation $166
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
Building Department Services
Permit Technician* $104
Senior Permit Technician $114
Certified Building Inspector $130
Certified Combination Building Inspector $140
CASp Inspection $166
Building Official $176
Administration/Plan Processing $83
Overtime/After-Hours/Weekends/Holidays 1.5 x Hourly Rate Engineering Services
2-Person Survey Crew $457
Administrative Assistant $119
Assistant Engineer $187
Assistant Project Manager $187
Assistant Resident Engineer $218
Associate Engineer $228
Associate Surveyor $218
Civil Engineer/Structural Engineer $280
Construction Inspector $197
Construction Manager $275
Engineering Trainee $151
Office Engineer $187
Principal Engineer $306
Project Manager $249
Resident Engineer $275
Senior Construction Inspector $218
HOURLY RATE S – JULY 1 , 2026 – JUN E 30 , 2027
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Senior Construction Manager $327
Senior Engineer $254
Senior Land Surveyor $254
Senior Principal Engineer $327
Senior Project Manager $270
Senior Structural Engineer $306
Structural Representative $275
Overtime/After-Hours/Weekends/Holidays 1.5 x Hourly Rate Code Enforcement Services
Code Enforcement Manager $223
Code Enforcement Officer I $114
Code Enforcement Officer II $140
Senior Code Enforcement Officer $176
Overtime/After-Hours/Weekends/Holidays 1.5 x Hourly Rate Terms & Conditions:
All hourly rates include benefits, Workers Compensation Insurance, and office expenses. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the Town prior to proceeding. Hourly rates for publicly funded projects will be based on current prevailing wage rates. On each July 1st or anniversary of the contract start date, CSG will initiate a rate increase based on the change in CPI for the applicable region. CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice. All terms and conditions remain the same per agreement
Note: Building Inspection services require a 4-hour minimum. *2nd Permit Technician (Jamie Ortiz) billed at $90 per hour. 109
13 EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, Contractor shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with performance of this Agreement by Contractor and/or its agents, representatives, employees, or subcontractors. Such insurance shall be at least as broad as set forth below. The insurance requirements listed below that have an “X” indicated in the space before the requirement apply to this Agreement, together with the general requirements.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Commercial General Liability. Insurance covering commercial general liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, personal injury, and advertising injury with coverage limits of not less than
1.1.1 ____ Two Million Dollars ($2,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the
aggregate for bodily injury, personal injury and property damage.
1.1.2 ____ Five Million Dollars ($5,000,000) combined single limit per claim and Five Million Dollars ($5,000,000) in the
aggregate for bodily injury, personal injury and property damage.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
1.2 Automobile Liability. Insurance covering any auto, or if Contractor has no owned autos, both hired and non-owned autos, with minimum limits no less than
1.2.1 ____ One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident for bodily injury and property damage.
1.2.2 ____ Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident for bodily injury and property damage.
1.3 Workers’ Compensation Insurance. Insurance as required by the laws of the State of California, with statutory limits, and Employer’s Liability Insurance 110
14 with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. Contractor shall submit to the Town a Waiver of Subrogation endorsement in favor of the Town, its officers, agents, employees, and volunteers for Contractor’s workers compensation policy.
____ Check here if Contractor has no employees and Workers’ Compensation insurance requirement is thus waived.
1.4 ____ Professional Liability (Errors and Omissions) Insurance.
Insurance appropriate to Contractor’s profession, with coverage limits of not less than
1.4.1 ____ Two Million Dollars ($2,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.
1.4.2 ____ Five Million Dollars ($5,000,000) per occurrence or claim, Five Million Dollars ($5,000,000) aggregate.
The insurance obligations under this agreement shall be (1) the minimum coverage and limits specified above; or (2) all the Insurance coverage and/or limits carried by or available to Contractor, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the Town. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
2. OTHER INSURANCE PROVISIONS.
2.1 Acceptability of Insurer. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide
2.2 Additional Insureds. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language naming the Town and its officers, officials, employees, agents, and volunteers as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations.
2.3 Primary Coverage. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language providing that, for any claims related to this Agreement, those policies shall be primary to any coverage available to the Town. And any insurance or self-insurance maintained by the Town and/or its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
2.4 Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, expect with notice to the Town. 111
15 2.5 Enforcement. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, the Town may either (i) require Contractor to obtain the insurance, (ii) immediately terminate this Agreement; or (iii) take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
2.6 Evidence of Insurance. At all times during the term of this Agreement, Contractor shall maintain on file with the Town a certificate or certificates of insurance and amendatory endorsements or copies of the applicable policy language evidencing current coverage meeting the requirements of this Agreement. Such evidence of insurance shall be attached hereto as Exhibit B and is to be approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
2.7 Policy Renewals. Contractor shall provide proof that policies of insurance required herein expiring, or cancelled, during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Such proof will be furnished at least two weeks prior to the expiration of the coverages, or immediately for any policy being cancelled.
2.8 Subcontractors. The Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements or policy language demonstrating compliance with the insurance requirements herein prior to commencement of any work by the subcontractor and shall provide proof of compliance to the Town.
2.9 Maintaining Insurance. Contractor shall not cancel, assign, or change any policy of insurance required by this Agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this Agreement except after providing 30 days prior written notice to the Town. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Contractor shall immediately provide written notice to the Town and obtain substitute insurance meeting the requirements of this Agreement. Nothing in this subsection relieves Contractor of its obligation to at all times maintain all insurance required by this Agreement.
2.10 Waiver of Subrogation. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Contractor hereby grants to the Town a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not 112
16 the Town has received a waiver of subrogation endorsement from the insurer (unless the waiver would void the coverage).
2.11 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to the Town, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
2.12 Liability. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duties to indemnify, hold harmless, and defend under this Agreement.
2.13 Claims Made Policies. No insurance policy required herein shall be written as claims-made coverage. Insurance must be written on an occurrence basis.
Nonetheless, if it is not possible for a required professional liability policy to be written on an occurrence basis, the professional liability coverage shall be maintained, and Contractor shall provide evidence of coverage to the Town for five years after expiration or termination of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail “extended reporting” coverage applicable to said five-year period.
2.14 Survival. The provisions of this Section survive expiration or termination of this Agreement.
2.15 Verification of Coverage. Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All required documents are to be received and approved by the Entity before work commences. However, failure to obtain the documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
113
17 EXHIBIT C
PREVAILING WAGE
1. ___ If this box is checked, the following prevailing wage provisions apply to this Agreement.
1.1 In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code, and shall not engage in the performance of any work under this Agreement, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subconsultants as required, to the Town.
1.3 Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.
1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law.
1.5 Report on Prevailing Rate of Wages. The Town has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the Town of Portola Valley City Hall, and shall be made available to any interested party upon request.
1.6 Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the 114
18 Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
1.7 Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 2002846.8
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TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Sarah Cawrse, Planning & Building Director
DATE: June 24, 2026
RE: Approve and Authorize the Mayor to Execute a Professional Consultant Services Agreement for On-Call Building Permit Technician Consulting Services with Shums Coda Associates
RECOMMENDATION
Staff recommends that Council authorize the Mayor to execute a Professional Consultant Services Agreement (Attachment 1) for a 12-month period in an amount not to exceed $85,000 for On-Call Building Permit Technician Consulting Services with Shums Coda Associates from July 1, 2026, through June 30, 2027.
BACKGROUND
The FY 26-27 Budget includes On-Call Building Permit Technician consulting services for day-to-day operations that are covered through Fund 701-Customer Deposits, with additional consultant support as needed budgeted through the Planning Division – 310 (62099) Miscellaneous Consultants and Building Division – 320 (62099) Miscellaneous Consultants line items in the general fund expense. The budget for this contract is based on expenditure for FY 25-26 and anticipated operations for FY 26-27.
DISCUSSION
Shums Coda Associates has successfully provided the Town on-call building permit technician consulting services for the since August 2024. They provide essential services to the Town and have deep expertise in the Town’s Planning and Building work. This service has proven invaluable to the identification and implementation of process improvements, implementing the OpenGov permit software, and expediting permit applications. This contract will ensure services and day-to-day operations continue in FY 26-27.
FISCAL IMPACT
Funding for on-call services is available in the FY 2026-27 adopted Town Budget for the Planning and Building Department. Most of these services are related to Planning and Building permit processing, which is funded through application fees and deposits. These are applicant-paid pass-through costs.
Shums Coda also performs services which might apply to the General Fund.
ATTACHMENTS
1. Agreement Between the Town of Portola Valley and Shums Coda Associates 116
1 AGREEMENT FOR
CONTRACTOR SERVICES
THIS AGREEMENT is made and entered into this __ day of __________, ___ by and between the Town of Portola Valley, a municipal corporation, (“Town”) and ___________________________________ (“Contractor”).
RECITALS
A. The Town desires to retain the services of Contractor as an independent contractor to provide services to the Town, as described in more detail in Exhibit A.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A.
2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Scope of Services described in Exhibit A.
Contractor is not authorized to perform any services or incur any costs whatsoever under this Agreement until authorized by the Town. All services within the Scope of Work shall be completed prior to ______________. The Town Manager may extend this completion date by up to six months through a written amendment to this Agreement, provided such extension does not include additional contract funds.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Contractor hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. All work product which Contractor delivers to Town shall be prepared in a first-class and workmanlike manner and comply with the requirements of this Agreement to the Town’s satisfaction.
4. CHANGES TO SCOPE. From time to time, the Town may request, in writing, changes in the Scope of Work. Any such changes mutually agreed upon by the parties, and any corresponding change in compensation and time of performance, shall be made by written amendment to this Agreement.
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2 5. CONTRACT ADMINISTRATOR. _____________________________ shall serve as the Town’s representative and administer this Agreement (Contract Administrator). All correspondence shall be directed to or through the Contract Administrator.
6. FACILITIES, EQUIPMENT, AND SUPPLIES. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities, equipment, and supplies that may be necessary to perform the services required by this Agreement.
The Town shall not be responsible for any damage to persons or property as a result of the use, misuse, or failure of any equipment, facilities, or supplies used by Contractor, or by any of its employees, even though such equipment, facilities, or supplies were provided, rented, or loaned to Contractor by the Town.
7. COMPLIANCE WITH LAW. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.1 Licenses, Permits, and Approvals. Contractor shall obtain and keep in effect at all times during the term of this Agreement, at its sole cost and expense, any and all licenses, permits, and regulatory approvals necessary in the performance of this Agreement. This includes, but is not limited to, a valid business license from the Town.
Contractor represents and warrants to the Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
7.2 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, creed, color, national origin, ancestry, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or military or veteran status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement, as provided in Government Code section 12940. Contractor shall comply with all other applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
7.3 Conflict of Interest. Contractor shall comply with the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Contractor understands that in carrying out this Agreement, its professional responsibility is solely to the Town. Contractor represents and warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Contractor shall not employ or subcontract with a person having such an conflict of interest. Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No 118
3 officer or employee of the Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
7.4 Form 700. Contractor, and its officers, agents, or employees working under this Agreement, shall submit statements of economic interest (Form 700s) under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by the Town Manager.
8. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until ________________________________________, unless earlier terminated pursuant to Section 21, below.
9. COMPENSATION. The Town will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $________________________ (“Contract Price”), based upon the Scope of Services, budget, and rates in Exhibit A, attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of the Town.
9.1 Payment for Additional Scope. Payments for any additional services not included in the original Scope of Work and agreed to by the parties under Section 4 of this Agreement shall be made on a time-and-materials basis using the rates in Exhibit A.
10. METHOD OF PAYMENT. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for Town approval. Failure to timely submit a complete and accurate payment requisition relieves the Town of any further payment or other obligations under the Agreement.
11. CONTRACTOR’S REPRESENTATIVE. Subject to Town approval, Contractor assigns ________________ as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Representative is responsible for coordinating and scheduling the Services in accordance with the Scope of Services. Contractor must regularly update the Town’s Contract Administrator about the progress with the work or any delays, as required under the Scope of Services. The Town’s written approval is required prior to substituting a new Representative.
12. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the Town. No relationship of employer and employee is created by this agreement between the Town and Contractor or any subcontractor or employee of 119
4 Contractor. The Town shall have the right to control Contractor only insofar as specifying the results of Contractor's services rendered pursuant to this Agreement. The Town shall not have the right to control or direct the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall direct and control its personnel and shall pay all wages, salaries, and other amounts due its personnel in connection with this Agreement as required by law.
12.1 Contractor No Agent. Except as the Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of the Town in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind the Town to any obligation whatsoever.
12.2 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against the Town for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. The Town shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to the Town any payments due by the Town as a result of such determination, so that the Town’s total expenses under this Agreement are not greater than they would have been had the determination not been made.
13. CONFIDENTIALITY. In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the Town, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to Town. Contractor shall hold in confidence all Town information provided by the Town to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect the Town’s information as a reasonably prudent contractor would use to protect its own proprietary data.
14. OWNERSHIP OF MATERIAL. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the Town upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by the Town. 120
5 In any case, no Work Product shall be shown to any third-party without prior written approval of the Town.
15. INTELLECTUAL PROPERTY. Contractor represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this Agreement. Contractor further represents that it shall ensure the Town has the legal right to utilize all intellectual property involved in and/or resulting from Contractor’s performance of this Agreement.
16. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Contractor agrees not to accept any employment or representation during the term of this Agreement which is or may make Contractor “financially interested” (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Contractor has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Contractor from accepting other engagements with the Town.
17. ASSIGNABILITY; SUBCONTRACTING. The Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s personal competence, experience, and specialized knowledge. Moreover, a substantial inducement to the Town for entering into this Agreement was and is the professional reputation of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
18. INDEMNIFICATION.
18.1 Indemnity for Design Professional Liability. With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Contractor shall indemnify and hold harmless the Town, its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Contractor or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually “Contractor”), in the performance of this Agreement or failure to comply with any obligations of the 121
6 Agreement. If it is finally determined (through a non-appealable judgment or an agreement between the Town and Contractor) that liability is caused by the comparative negligence or willful misconduct of the Town, then Contractor’s indemnification and hold harmless obligation shall not exceed Contractor’s finally determined percentage of liability based upon the comparative fault of Contractor. Irrespective of any language to the contrary in this Agreement, the Contractor has no duty to provide or to immediately pay for an up-front defense of the Town against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the Town to the extent caused by the negligence, recklessness, or willful misconduct of Contractor. In no event shall the cost to defend charged to Contractor exceed Contractor’s proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code.
18.2 Indemnity for Other Than Design Professional Liability. Except as provided in subsection 18.1, to the fullest extent permitted by law, Contractor shall hold harmless, defend (with counsel agreed to by the Town), and indemnify the Town and its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Contractor or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the Town. Contractor’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.
18.3 No Limitations. Acceptance by the Town of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. The obligations of Contractor under this Section 18 will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Town, its officers, officials, agents, employees, and volunteers. For purposes of Section 2782 of the California Civil Code, the parties hereto recognize and expressly agree that either (1) this Agreement is not a construction contract; (2) this Agreement is a construction contract and it conforms to Section 2782; or (3) they have negotiated and expressly agreed to the allocation of liability between them.
18.4 Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 18 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of the Town to monitor 122
7 compliance with these requirements imposes no additional obligations on the Town and will in no way act as a waiver of any rights hereunder.
18.5 Cooperation. In the event any claim or action is brought against the Town relating to Contractor’s performance in connection with this Agreement, Contractor shall render any reasonable assistance that the Town may require in responding to or defending against such claim or action.
18.6 Offset. The Town shall have the right to offset against the amount of any compensation due Contractor under this Agreement any amount due the Town from Contractor as a result of Contractor’s failure to pay the Town promptly any indemnification due under this Section 18 as finally determined by a court of competent jurisdiction or mutually agreed to by the parties.
18.7 Survival. Contractor acknowledges that the Town would not enter into this Agreement in the absence of Contractor’s commitment to indemnify and protect the Town as set forth in this Section 18. This obligation to indemnify and protect the Town as set forth in this Section 18 is binding on the successors, assigns, or heirs of Contractor and shall survive the expiration or termination of this Agreement.
19. INSURANCE REQUIREMENTS. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement, or longer as required by the Town. The Town will not execute the Agreement until the Town approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in the Town, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
20. SUSPENSION. The Town may, in writing, order Contractor to suspend all or any part of Contractor’s services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Contractor. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
21. TERMINATION.
21.1 Contractor may cancel this Agreement at any time and without cause upon 30 days’ written notice to the Town. The Town may cancel this Agreement at any time and without cause upon 5 day’s written notice to Contractor. If the Town gives such notice, Contractor shall immediately suspend its activities under this Agreement, except for any Services that must be completed pursuant to the notice of termination. In the event of termination, Contractor shall be entitled to compensation for satisfactory services performed to the effective date of termination. Contractor shall 123
8 substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town’s right of termination shall be in addition to all other remedies available under law to the Town.
21.2 The Town may condition payment of final compensation upon Contractor delivering to the Town any or all documents, photographs, and other materials provided to Contractor or prepared by or for Contractor or the Town in connection with this Agreement.
22. CONTRACTOR’S BOOKS AND RECORDS. Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. This Section shall survive expiration or termination of this Agreement.
23. INSPECTION AND AUDIT OF RECORDS. Any records or documents that Section 22 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement. This Section shall survive expiration or termination of this Agreement.
24. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town’s making of any payment to Contractor constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Contractor, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
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9 25. NOTICES. The parties will make good faith efforts to provide advance courtesy notice via e-mail of any notices under this Agreement. In addition to such courtesy notice, official notice shall be delivered by hand, overnight courier, or U.S. mail. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, overnight courier service during Contractor’s and the Town’s regular business hours, or the following day if delivered after business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). Under no circumstances shall courtesy e-mail notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Email: _____________________
To Contractor:
________________________
________________________
________________________
Email: ___________________
26. VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo.
27. COOPERATION. In the event any claim or action is brought against the Town relating to Contractor’s performance or services under this Agreement, Contractor shall render any reasonable assistance and cooperation which the Town might require.
28. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
29. PRIOR AGREEMENTS AND AMENDMENT; ENTIRE AGREEMENT. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement.
This Agreement may only be modified by a written amendment duly executed by the 125
10 parties to this Agreement. Any amendment relating to compensation for Contractor shall be for only a not-to-exceed sum.
30. MISCELLANEOUS PROVISIONS.
30.1 Dispute Resolution. The parties shall make a good faith effort to meet and to settle any dispute or claim arising under this Agreement prior to pursuing litigation. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys’ fees and costs.
30.2 Severability. If a court of competent jurisdiction finds or rules that any provision, including but not limited to any clause, term, section, or subsection, of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
30.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a continuing waiver or a waiver of any other breach of that term or any other term of this Agreement. No waiver or modification is valid unless made in writing.
30.4 Successors and Assigns. The provisions of this Agreement and all surviving covenants shall inure to the benefit of and shall apply to and bind the successors, heirs, and assigns of the parties.
30.5 Notice of Non-Renewal. Contractor understands and agrees that there is no representation, implication, or understanding that the Town will request that services provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by the Town to continue to request or retain all or any portion of the services from Contractor following the expiration or termination of this Agreement.
30.6 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
30.7 Authority to Sign Agreement. Each individual executing this Agreement represents and warrants that he or she is duly authorized to sign on behalf of the party indicated and to bind that party to the Agreement.
30.8 Governing Law. The laws of the State of California shall govern this Agreement.
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11 30.9 Electronic Signatures. Unless otherwise prohibited by law, the parties agree that an electronic signature to this Agreement and an electronic copy of this Agreement have the same force and legal effect as an original ink signature transmitted in hard copy (e.g., transmission via email of a .pdf file containing a scanned or digitally applied signature).
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement effective as of the first date written above.
TOWN: CONTRACTOR:
By: _______________________ By: _______________________ Name (printed):________________
Title: _______________________
EIN: _______________________
ATTEST:
____________________________
Town Clerk
APPROVED AS TO FORM:
____________________________
Town Attorney
Attachments:
Exhibit A. Scope of Work
Exhibit B. Insurance Requirements
___ Exhibit C. Prevailing Wage (box checked if applicable to this Agreement) 127
EXHIBIT A
(ON-CALL PERMIT TECHNICIAN CONSULTING SCOPE OF SERVICES)
1. Building - Plan Review and Inspection Services
The contract covers scope, responsibilities, and service levels for plan review (plan check) and inspection services for construction projects within the Town's jurisdiction.
This ensures public safety, compliance with applicable codes, and consistent enforcement of regulations.
Services shall be provided under the authority granted by:
• State Building Code
• Local Municipal Code
• Zoning Ordinance
• Health and Safety Regulations
• Fire Code
• Other applicable federal, state, or local laws
2. Scope of Services
2.1 Plan Review Services
The consultant shall provide the following services, on an as-needed basis:
• Perform services during the Senior Permit Technician position vacancy, including training Town staff on permit processes, basic building information, knowledge of permitting system and navigation.
• Conduct completeness reviews of permit application submissions; assessing fees for building, engineering, planning, fire, environmental health and geology; determining which reviews are required and routing of documents to the appropriate town staff and consultants.
• Coordination with other departments and agencies (Woodside Fire, Planning, Engineering, Public Works, Woodside Fire, San Mateo County agencies) as needed.
• Enter permit information into permitting software, maintenance of review workflow for reviewers, recording of review status and comment letters in permit system.
• Provide applicants with project information, sending out comment letters, and stamping of approval documents prior to issuance.
• Responsible for email correspondence in the Town’s Building email mailbox where all submittals are sent to along with general customer inquiries, etc. • Provide responsive customer service by phone, email, or meetings. 128
• Continued process improvements, including but not limited to: updating forms and applications; creation of monthly reports for staff and council; involvement with software enhancements utilized as a super user of software for staff training; and identifying issues in permitting processes and remedying. • Responsible for Green Halo ticket approvals.
• Processing refunds.
• Monthly plan uploads to San Mateo County Assessor's portal. • Filing historical data into permitting system.
• Identify and implement improvements to the OpenGov permit system. • Determine what is required/not required per the records retention schedule. • Daily check-ins/communications with staff as needed.
• Other duties as assigned.
3. Performance Standards
• Code compliance shall be enforced consistently, objectively, and professionally. • All staff must be certified by appropriate bodies (ICC, state licensing boards). • Inspections shall be documented and tracked in the permitting system. • Customer service response within 24 hours for inquiries and scheduling. • Continuous improvement through training and updates to procedures and technology.
4. Coordination
• Planning & Building Department – zoning, setbacks, land use, tree removals. • Public Works/Engineering – grading, drainage, geology/soils, public ROW impacts.
• Woodside Fire Protection District – fire access, hydrants, alarms/suppression systems.
• San Mateo County Environmental Health – septic systems, wells, hazardous materials, commercial pools.
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EXHIBIT A
(COMPENSATION AND RATES)
Shums Coda Associates Hourly Rate for Senior Permit Technician Services:
• 2026 - $75 per hour
• 2027 - $75 per hour
130
13 EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, Contractor shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with performance of this Agreement by Contractor and/or its agents, representatives, employees, or subcontractors. Such insurance shall be at least as broad as set forth below. The insurance requirements listed below that have an “X” indicated in the space before the requirement apply to this Agreement, together with the general requirements.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Commercial General Liability. Insurance covering commercial general liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, personal injury, and advertising injury with coverage limits of not less than
1.1.1 ____ Two Million Dollars ($2,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the
aggregate for bodily injury, personal injury and property damage.
1.1.2 ____ Five Million Dollars ($5,000,000) combined single limit per claim and Five Million Dollars ($5,000,000) in the
aggregate for bodily injury, personal injury and property damage.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
1.2 Automobile Liability. Insurance covering any auto, or if Contractor has no owned autos, both hired and non-owned autos, with minimum limits no less than
1.2.1 ____ One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident for bodily injury and property damage.
1.2.2 ____ Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident for bodily injury and property damage.
1.3 Workers’ Compensation Insurance. Insurance as required by the laws of the State of California, with statutory limits, and Employer’s Liability Insurance 131
14 with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. Contractor shall submit to the Town a Waiver of Subrogation endorsement in favor of the Town, its officers, agents, employees, and volunteers for Contractor’s workers compensation policy.
____ Check here if Contractor has no employees and Workers’ Compensation insurance requirement is thus waived.
1.4 ____ Professional Liability (Errors and Omissions) Insurance.
Insurance appropriate to Contractor’s profession, with coverage limits of not less than
1.4.1 ____ Two Million Dollars ($2,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.
1.4.2 ____ Five Million Dollars ($5,000,000) per occurrence or claim, Five Million Dollars ($5,000,000) aggregate.
The insurance obligations under this agreement shall be (1) the minimum coverage and limits specified above; or (2) all the Insurance coverage and/or limits carried by or available to Contractor, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the Town. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
2. OTHER INSURANCE PROVISIONS.
2.1 Acceptability of Insurer. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide
2.2 Additional Insureds. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language naming the Town and its officers, officials, employees, agents, and volunteers as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations.
2.3 Primary Coverage. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language providing that, for any claims related to this Agreement, those policies shall be primary to any coverage available to the Town. And any insurance or self-insurance maintained by the Town and/or its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
2.4 Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, expect with notice to the Town. 132
15 2.5 Enforcement. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, the Town may either (i) require Contractor to obtain the insurance, (ii) immediately terminate this Agreement; or (iii) take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
2.6 Evidence of Insurance. At all times during the term of this Agreement, Contractor shall maintain on file with the Town a certificate or certificates of insurance and amendatory endorsements or copies of the applicable policy language evidencing current coverage meeting the requirements of this Agreement. Such evidence of insurance shall be attached hereto as Exhibit B and is to be approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
2.7 Policy Renewals. Contractor shall provide proof that policies of insurance required herein expiring, or cancelled, during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Such proof will be furnished at least two weeks prior to the expiration of the coverages, or immediately for any policy being cancelled.
2.8 Subcontractors. The Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements or policy language demonstrating compliance with the insurance requirements herein prior to commencement of any work by the subcontractor and shall provide proof of compliance to the Town.
2.9 Maintaining Insurance. Contractor shall not cancel, assign, or change any policy of insurance required by this Agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this Agreement except after providing 30 days prior written notice to the Town. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Contractor shall immediately provide written notice to the Town and obtain substitute insurance meeting the requirements of this Agreement. Nothing in this subsection relieves Contractor of its obligation to at all times maintain all insurance required by this Agreement.
2.10 Waiver of Subrogation. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Contractor hereby grants to the Town a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not 133
16 the Town has received a waiver of subrogation endorsement from the insurer (unless the waiver would void the coverage).
2.11 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to the Town, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
2.12 Liability. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duties to indemnify, hold harmless, and defend under this Agreement.
2.13 Claims Made Policies. No insurance policy required herein shall be written as claims-made coverage. Insurance must be written on an occurrence basis.
Nonetheless, if it is not possible for a required professional liability policy to be written on an occurrence basis, the professional liability coverage shall be maintained, and Contractor shall provide evidence of coverage to the Town for five years after expiration or termination of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail “extended reporting” coverage applicable to said five-year period.
2.14 Survival. The provisions of this Section survive expiration or termination of this Agreement.
2.15 Verification of Coverage. Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All required documents are to be received and approved by the Entity before work commences. However, failure to obtain the documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
134
17 EXHIBIT C
PREVAILING WAGE
1. ___ If this box is checked, the following prevailing wage provisions apply to this Agreement.
1.1 In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code, and shall not engage in the performance of any work under this Agreement, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subconsultants as required, to the Town.
1.3 Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.
1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law.
1.5 Report on Prevailing Rate of Wages. The Town has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the Town of Portola Valley City Hall, and shall be made available to any interested party upon request.
1.6 Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the 135
18 Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
1.7 Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 2002846.8
136
TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Sarah Cawrse, Planning & Building Director
DATE: June 24, 2026
RE: Approve and Authorize the Mayor to Execute a Professional Consultant Services Agreement for On-Call Planning Services with Good City Company
RECOMMENDATION
Staff recommends that Council authorize the Mayor to execute a Professional Consultant Services Agreement (Attachment 1) for a 12-month period in an amount not to exceed $550,000 for On-Call Planning Services with Good City Company from July 1, 2026, through June 30, 2027.
BACKGROUND
The FY 26-27 Budget includes On-Call Planning services for day-to-day operations that are covered through Fund 701-Customer Deposits, with additional consultant support as needed budgeted through the Planning Division – 310 (62039) Planner line item in the general fund expense. The budget for this contract is based on expenditure for FY 25-26 and anticipated operations for FY 26-27.
DISCUSSION
Good City Company has successfully provided the Town planning services since July 17, 2019. They provide essential services to the Town and have deep expertise in the Town’s planning work and provide planner counter and virtual online meeting support. This contract will ensure services and day-to-day operations continue in FY 26-27.
FISCAL IMPACT
Funding for these on-call services is available in the FY 2026-27 adopted Town Budget for the Planning and Building Department. Most of these services are related to Planning and Building permit processing, which is funded through application fees and deposits. These are applicant-paid pass-through costs.
Good City Company also performs services which might apply to the General Fund.
ATTACHMENTS
1. Agreement Between the Town of Portola Valley and Good City Company 137
1 AGREEMENT FOR
CONTRACTOR SERVICES
THIS AGREEMENT is made and entered into this __ day of __________, ___ by and between the Town of Portola Valley, a municipal corporation, (“Town”) and ___________________________________ (“Contractor”).
RECITALS
A. The Town desires to retain the services of Contractor as an independent contractor to provide services to the Town, as described in more detail in Exhibit A.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A.
2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Scope of Services described in Exhibit A.
Contractor is not authorized to perform any services or incur any costs whatsoever under this Agreement until authorized by the Town. All services within the Scope of Work shall be completed prior to ______________. The Town Manager may extend this completion date by up to six months through a written amendment to this Agreement, provided such extension does not include additional contract funds.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Contractor hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. All work product which Contractor delivers to Town shall be prepared in a first-class and workmanlike manner and comply with the requirements of this Agreement to the Town’s satisfaction.
4. CHANGES TO SCOPE. From time to time, the Town may request, in writing, changes in the Scope of Work. Any such changes mutually agreed upon by the parties, and any corresponding change in compensation and time of performance, shall be made by written amendment to this Agreement.
138
2 5. CONTRACT ADMINISTRATOR. _____________________________ shall serve as the Town’s representative and administer this Agreement (Contract Administrator). All correspondence shall be directed to or through the Contract Administrator.
6. FACILITIES, EQUIPMENT, AND SUPPLIES. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities, equipment, and supplies that may be necessary to perform the services required by this Agreement.
The Town shall not be responsible for any damage to persons or property as a result of the use, misuse, or failure of any equipment, facilities, or supplies used by Contractor, or by any of its employees, even though such equipment, facilities, or supplies were provided, rented, or loaned to Contractor by the Town.
7. COMPLIANCE WITH LAW. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.1 Licenses, Permits, and Approvals. Contractor shall obtain and keep in effect at all times during the term of this Agreement, at its sole cost and expense, any and all licenses, permits, and regulatory approvals necessary in the performance of this Agreement. This includes, but is not limited to, a valid business license from the Town.
Contractor represents and warrants to the Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
7.2 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, creed, color, national origin, ancestry, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or military or veteran status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement, as provided in Government Code section 12940. Contractor shall comply with all other applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
7.3 Conflict of Interest. Contractor shall comply with the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Contractor understands that in carrying out this Agreement, its professional responsibility is solely to the Town. Contractor represents and warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Contractor shall not employ or subcontract with a person having such an conflict of interest. Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No 139
3 officer or employee of the Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
7.4 Form 700. Contractor, and its officers, agents, or employees working under this Agreement, shall submit statements of economic interest (Form 700s) under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by the Town Manager.
8. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until ________________________________________, unless earlier terminated pursuant to Section 21, below.
9. COMPENSATION. The Town will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $________________________ (“Contract Price”), based upon the Scope of Services, budget, and rates in Exhibit A, attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of the Town.
9.1 Payment for Additional Scope. Payments for any additional services not included in the original Scope of Work and agreed to by the parties under Section 4 of this Agreement shall be made on a time-and-materials basis using the rates in Exhibit A.
10. METHOD OF PAYMENT. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for Town approval. Failure to timely submit a complete and accurate payment requisition relieves the Town of any further payment or other obligations under the Agreement.
11. CONTRACTOR’S REPRESENTATIVE. Subject to Town approval, Contractor assigns ________________ as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Representative is responsible for coordinating and scheduling the Services in accordance with the Scope of Services. Contractor must regularly update the Town’s Contract Administrator about the progress with the work or any delays, as required under the Scope of Services. The Town’s written approval is required prior to substituting a new Representative.
12. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the Town. No relationship of employer and employee is created by this agreement between the Town and Contractor or any subcontractor or employee of 140
4 Contractor. The Town shall have the right to control Contractor only insofar as specifying the results of Contractor's services rendered pursuant to this Agreement. The Town shall not have the right to control or direct the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall direct and control its personnel and shall pay all wages, salaries, and other amounts due its personnel in connection with this Agreement as required by law.
12.1 Contractor No Agent. Except as the Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of the Town in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind the Town to any obligation whatsoever.
12.2 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against the Town for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. The Town shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to the Town any payments due by the Town as a result of such determination, so that the Town’s total expenses under this Agreement are not greater than they would have been had the determination not been made.
13. CONFIDENTIALITY. In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the Town, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to Town. Contractor shall hold in confidence all Town information provided by the Town to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect the Town’s information as a reasonably prudent contractor would use to protect its own proprietary data.
14. OWNERSHIP OF MATERIAL. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the Town upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by the Town. 141
5 In any case, no Work Product shall be shown to any third-party without prior written approval of the Town.
15. INTELLECTUAL PROPERTY. Contractor represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this Agreement. Contractor further represents that it shall ensure the Town has the legal right to utilize all intellectual property involved in and/or resulting from Contractor’s performance of this Agreement.
16. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Contractor agrees not to accept any employment or representation during the term of this Agreement which is or may make Contractor “financially interested” (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Contractor has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Contractor from accepting other engagements with the Town.
17. ASSIGNABILITY; SUBCONTRACTING. The Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s personal competence, experience, and specialized knowledge. Moreover, a substantial inducement to the Town for entering into this Agreement was and is the professional reputation of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
18. INDEMNIFICATION.
18.1 Indemnity for Design Professional Liability. With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Contractor shall indemnify and hold harmless the Town, its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Contractor or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually “Contractor”), in the performance of this Agreement or failure to comply with any obligations of the 142
6 Agreement. If it is finally determined (through a non-appealable judgment or an agreement between the Town and Contractor) that liability is caused by the comparative negligence or willful misconduct of the Town, then Contractor’s indemnification and hold harmless obligation shall not exceed Contractor’s finally determined percentage of liability based upon the comparative fault of Contractor. Irrespective of any language to the contrary in this Agreement, the Contractor has no duty to provide or to immediately pay for an up-front defense of the Town against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the Town to the extent caused by the negligence, recklessness, or willful misconduct of Contractor. In no event shall the cost to defend charged to Contractor exceed Contractor’s proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code.
18.2 Indemnity for Other Than Design Professional Liability. Except as provided in subsection 18.1, to the fullest extent permitted by law, Contractor shall hold harmless, defend (with counsel agreed to by the Town), and indemnify the Town and its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Contractor or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the Town. Contractor’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.
18.3 No Limitations. Acceptance by the Town of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. The obligations of Contractor under this Section 18 will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Town, its officers, officials, agents, employees, and volunteers. For purposes of Section 2782 of the California Civil Code, the parties hereto recognize and expressly agree that either (1) this Agreement is not a construction contract; (2) this Agreement is a construction contract and it conforms to Section 2782; or (3) they have negotiated and expressly agreed to the allocation of liability between them.
18.4 Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 18 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of the Town to monitor 143
7 compliance with these requirements imposes no additional obligations on the Town and will in no way act as a waiver of any rights hereunder.
18.5 Cooperation. In the event any claim or action is brought against the Town relating to Contractor’s performance in connection with this Agreement, Contractor shall render any reasonable assistance that the Town may require in responding to or defending against such claim or action.
18.6 Offset. The Town shall have the right to offset against the amount of any compensation due Contractor under this Agreement any amount due the Town from Contractor as a result of Contractor’s failure to pay the Town promptly any indemnification due under this Section 18 as finally determined by a court of competent jurisdiction or mutually agreed to by the parties.
18.7 Survival. Contractor acknowledges that the Town would not enter into this Agreement in the absence of Contractor’s commitment to indemnify and protect the Town as set forth in this Section 18. This obligation to indemnify and protect the Town as set forth in this Section 18 is binding on the successors, assigns, or heirs of Contractor and shall survive the expiration or termination of this Agreement.
19. INSURANCE REQUIREMENTS. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement, or longer as required by the Town. The Town will not execute the Agreement until the Town approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in the Town, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
20. SUSPENSION. The Town may, in writing, order Contractor to suspend all or any part of Contractor’s services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Contractor. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
21. TERMINATION.
21.1 Contractor may cancel this Agreement at any time and without cause upon 30 days’ written notice to the Town. The Town may cancel this Agreement at any time and without cause upon 5 day’s written notice to Contractor. If the Town gives such notice, Contractor shall immediately suspend its activities under this Agreement, except for any Services that must be completed pursuant to the notice of termination. In the event of termination, Contractor shall be entitled to compensation for satisfactory services performed to the effective date of termination. Contractor shall 144
8 substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town’s right of termination shall be in addition to all other remedies available under law to the Town.
21.2 The Town may condition payment of final compensation upon Contractor delivering to the Town any or all documents, photographs, and other materials provided to Contractor or prepared by or for Contractor or the Town in connection with this Agreement.
22. CONTRACTOR’S BOOKS AND RECORDS. Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. This Section shall survive expiration or termination of this Agreement.
23. INSPECTION AND AUDIT OF RECORDS. Any records or documents that Section 22 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement. This Section shall survive expiration or termination of this Agreement.
24. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town’s making of any payment to Contractor constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Contractor, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
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9 25. NOTICES. The parties will make good faith efforts to provide advance courtesy notice via e-mail of any notices under this Agreement. In addition to such courtesy notice, official notice shall be delivered by hand, overnight courier, or U.S. mail. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, overnight courier service during Contractor’s and the Town’s regular business hours, or the following day if delivered after business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). Under no circumstances shall courtesy e-mail notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Email: _____________________
To Contractor:
________________________
________________________
________________________
Email: ___________________
26. VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo.
27. COOPERATION. In the event any claim or action is brought against the Town relating to Contractor’s performance or services under this Agreement, Contractor shall render any reasonable assistance and cooperation which the Town might require.
28. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
29. PRIOR AGREEMENTS AND AMENDMENT; ENTIRE AGREEMENT. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement.
This Agreement may only be modified by a written amendment duly executed by the 146
10 parties to this Agreement. Any amendment relating to compensation for Contractor shall be for only a not-to-exceed sum.
30. MISCELLANEOUS PROVISIONS.
30.1 Dispute Resolution. The parties shall make a good faith effort to meet and to settle any dispute or claim arising under this Agreement prior to pursuing litigation. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys’ fees and costs.
30.2 Severability. If a court of competent jurisdiction finds or rules that any provision, including but not limited to any clause, term, section, or subsection, of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
30.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a continuing waiver or a waiver of any other breach of that term or any other term of this Agreement. No waiver or modification is valid unless made in writing.
30.4 Successors and Assigns. The provisions of this Agreement and all surviving covenants shall inure to the benefit of and shall apply to and bind the successors, heirs, and assigns of the parties.
30.5 Notice of Non-Renewal. Contractor understands and agrees that there is no representation, implication, or understanding that the Town will request that services provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by the Town to continue to request or retain all or any portion of the services from Contractor following the expiration or termination of this Agreement.
30.6 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
30.7 Authority to Sign Agreement. Each individual executing this Agreement represents and warrants that he or she is duly authorized to sign on behalf of the party indicated and to bind that party to the Agreement.
30.8 Governing Law. The laws of the State of California shall govern this Agreement.
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11 30.9 Electronic Signatures. Unless otherwise prohibited by law, the parties agree that an electronic signature to this Agreement and an electronic copy of this Agreement have the same force and legal effect as an original ink signature transmitted in hard copy (e.g., transmission via email of a .pdf file containing a scanned or digitally applied signature).
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement effective as of the first date written above.
TOWN: CONTRACTOR:
By: _______________________ By: _______________________ Name (printed):________________
Title: _______________________
EIN: _______________________
ATTEST:
____________________________
Town Clerk
APPROVED AS TO FORM:
____________________________
Town Attorney
Attachments:
Exhibit A. Scope of Work
Exhibit B. Insurance Requirements
___ Exhibit C. Prevailing Wage (box checked if applicable to this Agreement) 148
EXHIBIT A
(PLANNING SCOPE OF SERVICES)
1. Planning Staff Services
This contract covers professional on-call town planning staff services to be provided by Good City Consultant for the benefit of the Town of Portola Valley in relation to supplemental Town Planning staff services. The staff services will be delivered in accordance with applicable Portola Valley Municipal Code, State and Federal legislation, Town Policies, and industry best practices.
2. Scope of Services
The consultant shall provide the following staff services, on an as-needed basis:
2.1 Preliminary Planning Information
• Site review and constraints analysis
• General Plan Policy, Municipal Code, Design Guidelines interpretation • Policy and regulatory framework review
• Preliminary information on land use proposals
• Applicant preapplication meetings/guidance
• Historical permit/information research
• Zoning verification letters
2.2 Planning Strategy and Reports
• Preparation of planning strategies or masterplans
• Town design guidelines, policies, programs input
• Drafting Planning Proposals / Amendments
• Development feasibility assessment
• Drafting staff reports and presenting to Council, Commissions, Committees, public
2.3 Development Application Services
• Intake and process Development Applications
• Coordination of technical consultants (e.g., engineering, geologic, architect, arborist)
• CEQA Environmental Assessments/Reports/Determinations (NODs) • Analysis of planning permit applications, drafting staff reports and presenting to Council, Commissions, Committees, and public
• Responses to Council and Commission Requests for Information • Utilization and integration of OpenGov Permit System
• Close-out procedures for planning permits
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2.4 General Plan / Rezoning / Reclassification Services • Preparation and submission of Planning Proposals
• Coordination with local, state or regional planning agencies • Community consultation support
• Staff analysis and report writing
2.5 Planning Representation
• Representation at Council, Commission, Committees or other public meetings/hearings
• Representation at outside organizations and agencies
2.6 Stakeholder Engagement
• Consultation with Council, Commissions, Committees, government agencies, and the public
• Community consultation and reporting
• Stakeholder meeting facilitation
• Front public counter and virtual consultation, as needed.
2.7 Other Services
• GIS Mapping and spatial analysis
• Infrastructure coordination
3. Level of Service
• Assistant to Senior Planner level of professional planning service, as requested • Ensure back-up or alternate staff are available during absences. • Location: Portola Valley Town Hall and Historical School House • Availability: Mon-Fri, 8:30am-5:30pm or as agreed, and Council/Commission meeting nights, as assigned
• Project Planner shall communicate their contact information as point-of-contact to applicant and owner at the time of planning review/permit case assignment. • Planning Permit applications Plan Check turnaround times per Permit Streamlining Act.
Note: Times may vary based on project complexity and completeness of submittal.
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EXHIBIT A
(COMPENSATION AND RATES)
See Following Page for Good City Company Hourly Rate Sheet. 151
T:\Council Staff Reports-Deposit staff reports here\2025\12-10-2025\Good City Agrmt 2025. Revised 12.17.25.doc
GOOD CITY
BILLING RATES
Good City prides itself on being a cost-effective solution for public sector agencies. Staff retains detailed timesheets and works efficiently to ensure the client is getting the best value for the services.
TITLE 2026 Hourly Rate
» Principal/Partner $280
» Planning Director $250
» Economic Development Director $250
» Principal Planner/Planning Manager $215
» Public Policy Lead $200
» Economic Development Lead $200
» Senior Planner/Project Manager $190
» Senior Economic Development Planner $190
» Housing Services Consultant $185
» Associate Planner $155
»
»
Economic Development Associate
Assistant Planner
$155
$140
» Planning Technician $115
» Marketing Specialist/Graphic Designer $110
» Administrative Specialist $100
Subconsultant Contracts Direct Billing + 10% oversight fee. Reproduction Costs Direct Billing. Rates subject to adjustment January 1st of each year. Mileage is reimbursed at the IRS rate.
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13 EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, Contractor shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with performance of this Agreement by Contractor and/or its agents, representatives, employees, or subcontractors. Such insurance shall be at least as broad as set forth below. The insurance requirements listed below that have an “X” indicated in the space before the requirement apply to this Agreement, together with the general requirements.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Commercial General Liability. Insurance covering commercial general liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, personal injury, and advertising injury with coverage limits of not less than
1.1.1 ____ Two Million Dollars ($2,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the
aggregate for bodily injury, personal injury and property damage.
1.1.2 ____ Five Million Dollars ($5,000,000) combined single limit per claim and Five Million Dollars ($5,000,000) in the
aggregate for bodily injury, personal injury and property damage.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
1.2 Automobile Liability. Insurance covering any auto, or if Contractor has no owned autos, both hired and non-owned autos, with minimum limits no less than
1.2.1 ____ One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident for bodily injury and property damage.
1.2.2 ____ Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident for bodily injury and property damage.
1.3 Workers’ Compensation Insurance. Insurance as required by the laws of the State of California, with statutory limits, and Employer’s Liability Insurance 153
14 with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. Contractor shall submit to the Town a Waiver of Subrogation endorsement in favor of the Town, its officers, agents, employees, and volunteers for Contractor’s workers compensation policy.
____ Check here if Contractor has no employees and Workers’ Compensation insurance requirement is thus waived.
1.4 ____ Professional Liability (Errors and Omissions) Insurance.
Insurance appropriate to Contractor’s profession, with coverage limits of not less than
1.4.1 ____ Two Million Dollars ($2,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.
1.4.2 ____ Five Million Dollars ($5,000,000) per occurrence or claim, Five Million Dollars ($5,000,000) aggregate.
The insurance obligations under this agreement shall be (1) the minimum coverage and limits specified above; or (2) all the Insurance coverage and/or limits carried by or available to Contractor, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the Town. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
2. OTHER INSURANCE PROVISIONS.
2.1 Acceptability of Insurer. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide
2.2 Additional Insureds. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language naming the Town and its officers, officials, employees, agents, and volunteers as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations.
2.3 Primary Coverage. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language providing that, for any claims related to this Agreement, those policies shall be primary to any coverage available to the Town. And any insurance or self-insurance maintained by the Town and/or its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
2.4 Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, expect with notice to the Town. 154
15 2.5 Enforcement. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, the Town may either (i) require Contractor to obtain the insurance, (ii) immediately terminate this Agreement; or (iii) take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
2.6 Evidence of Insurance. At all times during the term of this Agreement, Contractor shall maintain on file with the Town a certificate or certificates of insurance and amendatory endorsements or copies of the applicable policy language evidencing current coverage meeting the requirements of this Agreement. Such evidence of insurance shall be attached hereto as Exhibit B and is to be approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
2.7 Policy Renewals. Contractor shall provide proof that policies of insurance required herein expiring, or cancelled, during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Such proof will be furnished at least two weeks prior to the expiration of the coverages, or immediately for any policy being cancelled.
2.8 Subcontractors. The Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements or policy language demonstrating compliance with the insurance requirements herein prior to commencement of any work by the subcontractor and shall provide proof of compliance to the Town.
2.9 Maintaining Insurance. Contractor shall not cancel, assign, or change any policy of insurance required by this Agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this Agreement except after providing 30 days prior written notice to the Town. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Contractor shall immediately provide written notice to the Town and obtain substitute insurance meeting the requirements of this Agreement. Nothing in this subsection relieves Contractor of its obligation to at all times maintain all insurance required by this Agreement.
2.10 Waiver of Subrogation. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Contractor hereby grants to the Town a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not 155
16 the Town has received a waiver of subrogation endorsement from the insurer (unless the waiver would void the coverage).
2.11 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to the Town, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
2.12 Liability. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duties to indemnify, hold harmless, and defend under this Agreement.
2.13 Claims Made Policies. No insurance policy required herein shall be written as claims-made coverage. Insurance must be written on an occurrence basis.
Nonetheless, if it is not possible for a required professional liability policy to be written on an occurrence basis, the professional liability coverage shall be maintained, and Contractor shall provide evidence of coverage to the Town for five years after expiration or termination of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail “extended reporting” coverage applicable to said five-year period.
2.14 Survival. The provisions of this Section survive expiration or termination of this Agreement.
2.15 Verification of Coverage. Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All required documents are to be received and approved by the Entity before work commences. However, failure to obtain the documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
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17 EXHIBIT C
PREVAILING WAGE
1. ___ If this box is checked, the following prevailing wage provisions apply to this Agreement.
1.1 In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code, and shall not engage in the performance of any work under this Agreement, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subconsultants as required, to the Town.
1.3 Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.
1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law.
1.5 Report on Prevailing Rate of Wages. The Town has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the Town of Portola Valley City Hall, and shall be made available to any interested party upon request.
1.6 Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the 157
18 Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
1.7 Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 2002846.8
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TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Sarah Cawrse, Planning & Building Director
DATE: June 24, 2026
RE: Approve and Authorize the Mayor to Execute a Professional Consultant Services Agreement for On-Call Geotechnical and Engineering Services with Cotton Shires and Associates, Inc.
RECOMMENDATION
Staff recommend that Council authorize the Mayor execute a Professional Consultant Services Agreement (Attachment 1) for a 12-month period in an amount not to exceed $160,000 for On-Call Geotechnical and Engineering Services with Cotton Shires and Associates, Inc. from July 1, 2026, through June 30, 2027.
BACKGROUND
The FY 26-27 Budget includes On-Call Geotechnical and Engineering services for day-to-day operations that are covered through Fund 701-Customer Deposits, with additional consultant support as needed budgeted through the Planning Division – 310 (62035) Town Geologist line item in the general fund expense. The budget for this contract is based on expenditure for FY 25-26 and anticipated operations for FY 26-27.
DISCUSSION
Cotton Shires and Associates, Inc. has successfully provided the Town on-call geotechnical and engineering services since the 1970s. They provide essential services to the Town and have deep expertise in the Town’s geotechnical conditions. This contract will ensure services and day-to-day operations continue in FY 26-27.
FISCAL IMPACT
Funding for on-call services is available in the FY 2026-27 adopted Town Budget for the Planning and Building Department. Most of these services are related to Planning and Building permit processing which is funded through application fees and deposits. These are applicant-paid pass-through costs.
Occasionally, Cotton Shires will perform services for Public Works which might apply to either the General Fund or the Gas Tax. The Public Works support work is programmed in the adopted Town budget.
ATTACHMENTS
1. Agreement Between the Town of Portola Valley and Cotton Shires and Associates, Inc. 159
1 AGREEMENT FOR
CONTRACTOR SERVICES
THIS AGREEMENT is made and entered into this __ day of __________, ___ by and between the Town of Portola Valley, a municipal corporation, (“Town”) and ___________________________________ (“Contractor”).
RECITALS
A. The Town desires to retain the services of Contractor as an independent contractor to provide services to the Town, as described in more detail in Exhibit A.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE AND LEVEL OF SERVICES. Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A.
2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Scope of Services described in Exhibit A.
Contractor is not authorized to perform any services or incur any costs whatsoever under this Agreement until authorized by the Town. All services within the Scope of Work shall be completed prior to ______________. The Town Manager may extend this completion date by up to six months through a written amendment to this Agreement, provided such extension does not include additional contract funds.
3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Contractor hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. All work product which Contractor delivers to Town shall be prepared in a first-class and workmanlike manner and comply with the requirements of this Agreement to the Town’s satisfaction.
4. CHANGES TO SCOPE. From time to time, the Town may request, in writing, changes in the Scope of Work. Any such changes mutually agreed upon by the parties, and any corresponding change in compensation and time of performance, shall be made by written amendment to this Agreement.
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2 5. CONTRACT ADMINISTRATOR. _____________________________ shall serve as the Town’s representative and administer this Agreement (Contract Administrator). All correspondence shall be directed to or through the Contract Administrator.
6. FACILITIES, EQUIPMENT, AND SUPPLIES. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities, equipment, and supplies that may be necessary to perform the services required by this Agreement.
The Town shall not be responsible for any damage to persons or property as a result of the use, misuse, or failure of any equipment, facilities, or supplies used by Contractor, or by any of its employees, even though such equipment, facilities, or supplies were provided, rented, or loaned to Contractor by the Town.
7. COMPLIANCE WITH LAW. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.1 Licenses, Permits, and Approvals. Contractor shall obtain and keep in effect at all times during the term of this Agreement, at its sole cost and expense, any and all licenses, permits, and regulatory approvals necessary in the performance of this Agreement. This includes, but is not limited to, a valid business license from the Town.
Contractor represents and warrants to the Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
7.2 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, creed, color, national origin, ancestry, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or military or veteran status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement, as provided in Government Code section 12940. Contractor shall comply with all other applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
7.3 Conflict of Interest. Contractor shall comply with the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Contractor understands that in carrying out this Agreement, its professional responsibility is solely to the Town. Contractor represents and warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Contractor shall not employ or subcontract with a person having such an conflict of interest. Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No 161
3 officer or employee of the Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
7.4 Form 700. Contractor, and its officers, agents, or employees working under this Agreement, shall submit statements of economic interest (Form 700s) under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by the Town Manager.
8. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until ________________________________________, unless earlier terminated pursuant to Section 21, below.
9. COMPENSATION. The Town will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $________________________ (“Contract Price”), based upon the Scope of Services, budget, and rates in Exhibit A, attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of the Town.
9.1 Payment for Additional Scope. Payments for any additional services not included in the original Scope of Work and agreed to by the parties under Section 4 of this Agreement shall be made on a time-and-materials basis using the rates in Exhibit A.
10. METHOD OF PAYMENT. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for Town approval. Failure to timely submit a complete and accurate payment requisition relieves the Town of any further payment or other obligations under the Agreement.
11. CONTRACTOR’S REPRESENTATIVE. Subject to Town approval, Contractor assigns ________________ as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Representative is responsible for coordinating and scheduling the Services in accordance with the Scope of Services. Contractor must regularly update the Town’s Contract Administrator about the progress with the work or any delays, as required under the Scope of Services. The Town’s written approval is required prior to substituting a new Representative.
12. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the Town. No relationship of employer and employee is created by this agreement between the Town and Contractor or any subcontractor or employee of 162
4 Contractor. The Town shall have the right to control Contractor only insofar as specifying the results of Contractor's services rendered pursuant to this Agreement. The Town shall not have the right to control or direct the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall direct and control its personnel and shall pay all wages, salaries, and other amounts due its personnel in connection with this Agreement as required by law.
12.1 Contractor No Agent. Except as the Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of the Town in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind the Town to any obligation whatsoever.
12.2 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against the Town for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. The Town shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to the Town any payments due by the Town as a result of such determination, so that the Town’s total expenses under this Agreement are not greater than they would have been had the determination not been made.
13. CONFIDENTIALITY. In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the Town, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to Town. Contractor shall hold in confidence all Town information provided by the Town to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect the Town’s information as a reasonably prudent contractor would use to protect its own proprietary data.
14. OWNERSHIP OF MATERIAL. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the Town upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by the Town. 163
5 In any case, no Work Product shall be shown to any third-party without prior written approval of the Town.
15. INTELLECTUAL PROPERTY. Contractor represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this Agreement. Contractor further represents that it shall ensure the Town has the legal right to utilize all intellectual property involved in and/or resulting from Contractor’s performance of this Agreement.
16. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Contractor agrees not to accept any employment or representation during the term of this Agreement which is or may make Contractor “financially interested” (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Contractor has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Contractor from accepting other engagements with the Town.
17. ASSIGNABILITY; SUBCONTRACTING. The Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s personal competence, experience, and specialized knowledge. Moreover, a substantial inducement to the Town for entering into this Agreement was and is the professional reputation of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
18. INDEMNIFICATION.
18.1 Indemnity for Design Professional Liability. With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Contractor shall indemnify and hold harmless the Town, its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Contractor or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually “Contractor”), in the performance of this Agreement or failure to comply with any obligations of the 164
6 Agreement. If it is finally determined (through a non-appealable judgment or an agreement between the Town and Contractor) that liability is caused by the comparative negligence or willful misconduct of the Town, then Contractor’s indemnification and hold harmless obligation shall not exceed Contractor’s finally determined percentage of liability based upon the comparative fault of Contractor. Irrespective of any language to the contrary in this Agreement, the Contractor has no duty to provide or to immediately pay for an up-front defense of the Town against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the Town to the extent caused by the negligence, recklessness, or willful misconduct of Contractor. In no event shall the cost to defend charged to Contractor exceed Contractor’s proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code.
18.2 Indemnity for Other Than Design Professional Liability. Except as provided in subsection 18.1, to the fullest extent permitted by law, Contractor shall hold harmless, defend (with counsel agreed to by the Town), and indemnify the Town and its officers, officials, agents, employees, and volunteers (collectively and/or individually “Town”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Contractor or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the Town. Contractor’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.
18.3 No Limitations. Acceptance by the Town of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. The obligations of Contractor under this Section 18 will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Town, its officers, officials, agents, employees, and volunteers. For purposes of Section 2782 of the California Civil Code, the parties hereto recognize and expressly agree that either (1) this Agreement is not a construction contract; (2) this Agreement is a construction contract and it conforms to Section 2782; or (3) they have negotiated and expressly agreed to the allocation of liability between them.
18.4 Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 18 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of the Town to monitor 165
7 compliance with these requirements imposes no additional obligations on the Town and will in no way act as a waiver of any rights hereunder.
18.5 Cooperation. In the event any claim or action is brought against the Town relating to Contractor’s performance in connection with this Agreement, Contractor shall render any reasonable assistance that the Town may require in responding to or defending against such claim or action.
18.6 Offset. The Town shall have the right to offset against the amount of any compensation due Contractor under this Agreement any amount due the Town from Contractor as a result of Contractor’s failure to pay the Town promptly any indemnification due under this Section 18 as finally determined by a court of competent jurisdiction or mutually agreed to by the parties.
18.7 Survival. Contractor acknowledges that the Town would not enter into this Agreement in the absence of Contractor’s commitment to indemnify and protect the Town as set forth in this Section 18. This obligation to indemnify and protect the Town as set forth in this Section 18 is binding on the successors, assigns, or heirs of Contractor and shall survive the expiration or termination of this Agreement.
19. INSURANCE REQUIREMENTS. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement, or longer as required by the Town. The Town will not execute the Agreement until the Town approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in the Town, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
20. SUSPENSION. The Town may, in writing, order Contractor to suspend all or any part of Contractor’s services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Contractor. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.
21. TERMINATION.
21.1 Contractor may cancel this Agreement at any time and without cause upon 30 days’ written notice to the Town. The Town may cancel this Agreement at any time and without cause upon 5 day’s written notice to Contractor. If the Town gives such notice, Contractor shall immediately suspend its activities under this Agreement, except for any Services that must be completed pursuant to the notice of termination. In the event of termination, Contractor shall be entitled to compensation for satisfactory services performed to the effective date of termination. Contractor shall 166
8 substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town’s right of termination shall be in addition to all other remedies available under law to the Town.
21.2 The Town may condition payment of final compensation upon Contractor delivering to the Town any or all documents, photographs, and other materials provided to Contractor or prepared by or for Contractor or the Town in connection with this Agreement.
22. CONTRACTOR’S BOOKS AND RECORDS. Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. This Section shall survive expiration or termination of this Agreement.
23. INSPECTION AND AUDIT OF RECORDS. Any records or documents that Section 22 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement. This Section shall survive expiration or termination of this Agreement.
24. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement. In no event shall the Town’s making of any payment to Contractor constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Contractor, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.
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9 25. NOTICES. The parties will make good faith efforts to provide advance courtesy notice via e-mail of any notices under this Agreement. In addition to such courtesy notice, official notice shall be delivered by hand, overnight courier, or U.S. mail. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, overnight courier service during Contractor’s and the Town’s regular business hours, or the following day if delivered after business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). Under no circumstances shall courtesy e-mail notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be addressed to the respective parties as follows:
To Town:
Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Email: _____________________
To Contractor:
________________________
________________________
________________________
Email: ___________________
26. VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo.
27. COOPERATION. In the event any claim or action is brought against the Town relating to Contractor’s performance or services under this Agreement, Contractor shall render any reasonable assistance and cooperation which the Town might require.
28. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
29. PRIOR AGREEMENTS AND AMENDMENT; ENTIRE AGREEMENT. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement.
This Agreement may only be modified by a written amendment duly executed by the 168
10 parties to this Agreement. Any amendment relating to compensation for Contractor shall be for only a not-to-exceed sum.
30. MISCELLANEOUS PROVISIONS.
30.1 Dispute Resolution. The parties shall make a good faith effort to meet and to settle any dispute or claim arising under this Agreement prior to pursuing litigation. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys’ fees and costs.
30.2 Severability. If a court of competent jurisdiction finds or rules that any provision, including but not limited to any clause, term, section, or subsection, of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
30.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a continuing waiver or a waiver of any other breach of that term or any other term of this Agreement. No waiver or modification is valid unless made in writing.
30.4 Successors and Assigns. The provisions of this Agreement and all surviving covenants shall inure to the benefit of and shall apply to and bind the successors, heirs, and assigns of the parties.
30.5 Notice of Non-Renewal. Contractor understands and agrees that there is no representation, implication, or understanding that the Town will request that services provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by the Town to continue to request or retain all or any portion of the services from Contractor following the expiration or termination of this Agreement.
30.6 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
30.7 Authority to Sign Agreement. Each individual executing this Agreement represents and warrants that he or she is duly authorized to sign on behalf of the party indicated and to bind that party to the Agreement.
30.8 Governing Law. The laws of the State of California shall govern this Agreement.
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11 30.9 Electronic Signatures. Unless otherwise prohibited by law, the parties agree that an electronic signature to this Agreement and an electronic copy of this Agreement have the same force and legal effect as an original ink signature transmitted in hard copy (e.g., transmission via email of a .pdf file containing a scanned or digitally applied signature).
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement effective as of the first date written above.
TOWN: CONTRACTOR:
By: _______________________ By: _______________________ Name (printed):________________
Title: _______________________
EIN: _______________________
ATTEST:
____________________________
Town Clerk
APPROVED AS TO FORM:
____________________________
Town Attorney
Attachments:
Exhibit A. Scope of Work
Exhibit B. Insurance Requirements
___ Exhibit C. Prevailing Wage (box checked if applicable to this Agreement) 170
EXHIBIT A
(ON-CALL GEOTECHNICAL AND ENGINEERING SCOPE OF SERVICES)
1. Geotechnical and Engineering - Plan Review and Inspection Services The contract covers scope, responsibilities, and service levels for plan review (plan check) services for construction projects within the Town's jurisdiction. This ensures public safety, compliance with applicable codes, and consistent enforcement of regulations.
Services shall be provided under the authority granted by:
• State Building Code
• Local Municipal Code
• Zoning Ordinance
• Health and Safety Regulations
• Fire Code
• Other applicable federal, state, or local laws
2. Scope of Services
2.1 Plan Review Services
The consultant shall provide the following services, on an as-needed basis:
• Review of permit applications pursuant to the zoning, subdivision, site development and building ordinances. Review of other applications as may be required by the Town.
• Definition of the geologic and geotechnical engineering site conditions of each permit application and recommendation of the type and scope of geotechnical investigation(s) needed to evaluate any technical problems. • Critical review of engineering geologic and/or soil engineering reports submitted to the Town in support of any permit application. This may include site visits, as needed.
• Provision of recommendations for consideration by the Planning Commission and/or Council as conditions of approval for each.
• Attendance at Town Council, Planning Commission, and Subdivision Committee meets, as requested, in regard to specific applications.
2.2 Types of Projects Reviewed:
• New residential and commercial buildings
• Additions and remodels
171
• Accessory Dwelling Units (ADUs)
• Decks, pools, retaining walls
• Temporary structures
• Landscape and Hardscape Plan Review
• Grading and landslide repairs
3. Level of Service and Timelines - Plan Check Turnaround Times (Standard targets from the date of complete submittal)
Project Type First Review Re-Review
Single-Family Residential (minor) 10 business days 5 business days Single-Family Residential (new) 10 business days 5 business days Commercial Tenant Improvement 15 business days 10 business days New Commercial/Multi-Family 15 business days 10 business days Expedite Review (over-the-counter) 5 days 5 days
Note: Times may vary based on project complexity and completeness of submittal, and State regulatory requirements.
4. Coordination
• Planning & Building Department – as requested.
• Public Works/Engineering – grading, drainage, geology/soils, public ROW impacts.
5. Recordkeeping and Reporting
• Maintain digital records of all submitted plans, inspection reports, and approvals. • Annual reports on number of plan checks and permits issued. 172
EXHIBIT A
(COMPENSATION AND RATES)
Cotton Shires and Associates, Inc. Hourly Rate Sheet for Geotechnical and Engineering Services:
Cotton Shires and Associates, Inc.
Personnel 2026/27 FY
Senior Principal Geologist/Engineer
Principal Geologist/Engineer
$230/hr
$210/hr
Supervising Geologist/Engineer
Senior Geologist/Engineer
Senior Staff Geologist/Engineer
$190/hr
$170/hr
$155/hr
Staff Geologist/Engineer $145/hr
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13 EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, Contractor shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with performance of this Agreement by Contractor and/or its agents, representatives, employees, or subcontractors. Such insurance shall be at least as broad as set forth below. The insurance requirements listed below that have an “X” indicated in the space before the requirement apply to this Agreement, together with the general requirements.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1.1 Commercial General Liability. Insurance covering commercial general liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, personal injury, and advertising injury with coverage limits of not less than
1.1.1 ____ Two Million Dollars ($2,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the
aggregate for bodily injury, personal injury and property damage.
1.1.2 ____ Five Million Dollars ($5,000,000) combined single limit per claim and Five Million Dollars ($5,000,000) in the
aggregate for bodily injury, personal injury and property damage.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
1.2 Automobile Liability. Insurance covering any auto, or if Contractor has no owned autos, both hired and non-owned autos, with minimum limits no less than
1.2.1 ____ One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident for bodily injury and property damage.
1.2.2 ____ Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident for bodily injury and property damage.
1.3 Workers’ Compensation Insurance. Insurance as required by the laws of the State of California, with statutory limits, and Employer’s Liability Insurance 174
14 with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. Contractor shall submit to the Town a Waiver of Subrogation endorsement in favor of the Town, its officers, agents, employees, and volunteers for Contractor’s workers compensation policy.
____ Check here if Contractor has no employees and Workers’ Compensation insurance requirement is thus waived.
1.4 ____ Professional Liability (Errors and Omissions) Insurance.
Insurance appropriate to Contractor’s profession, with coverage limits of not less than
1.4.1 ____ Two Million Dollars ($2,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.
1.4.2 ____ Five Million Dollars ($5,000,000) per occurrence or claim, Five Million Dollars ($5,000,000) aggregate.
The insurance obligations under this agreement shall be (1) the minimum coverage and limits specified above; or (2) all the Insurance coverage and/or limits carried by or available to Contractor, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the Town. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
2. OTHER INSURANCE PROVISIONS.
2.1 Acceptability of Insurer. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide
2.2 Additional Insureds. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language naming the Town and its officers, officials, employees, agents, and volunteers as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations.
2.3 Primary Coverage. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement or policy language providing that, for any claims related to this Agreement, those policies shall be primary to any coverage available to the Town. And any insurance or self-insurance maintained by the Town and/or its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
2.4 Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, expect with notice to the Town. 175
15 2.5 Enforcement. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, the Town may either (i) require Contractor to obtain the insurance, (ii) immediately terminate this Agreement; or (iii) take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
2.6 Evidence of Insurance. At all times during the term of this Agreement, Contractor shall maintain on file with the Town a certificate or certificates of insurance and amendatory endorsements or copies of the applicable policy language evidencing current coverage meeting the requirements of this Agreement. Such evidence of insurance shall be attached hereto as Exhibit B and is to be approved by the Town before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
2.7 Policy Renewals. Contractor shall provide proof that policies of insurance required herein expiring, or cancelled, during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Such proof will be furnished at least two weeks prior to the expiration of the coverages, or immediately for any policy being cancelled.
2.8 Subcontractors. The Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements or policy language demonstrating compliance with the insurance requirements herein prior to commencement of any work by the subcontractor and shall provide proof of compliance to the Town.
2.9 Maintaining Insurance. Contractor shall not cancel, assign, or change any policy of insurance required by this Agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this Agreement except after providing 30 days prior written notice to the Town. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Contractor shall immediately provide written notice to the Town and obtain substitute insurance meeting the requirements of this Agreement. Nothing in this subsection relieves Contractor of its obligation to at all times maintain all insurance required by this Agreement.
2.10 Waiver of Subrogation. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Contractor hereby grants to the Town a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not 176
16 the Town has received a waiver of subrogation endorsement from the insurer (unless the waiver would void the coverage).
2.11 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to the Town, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
2.12 Liability. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duties to indemnify, hold harmless, and defend under this Agreement.
2.13 Claims Made Policies. No insurance policy required herein shall be written as claims-made coverage. Insurance must be written on an occurrence basis.
Nonetheless, if it is not possible for a required professional liability policy to be written on an occurrence basis, the professional liability coverage shall be maintained, and Contractor shall provide evidence of coverage to the Town for five years after expiration or termination of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail “extended reporting” coverage applicable to said five-year period.
2.14 Survival. The provisions of this Section survive expiration or termination of this Agreement.
2.15 Verification of Coverage. Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All required documents are to be received and approved by the Entity before work commences. However, failure to obtain the documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
Proof of insurance shall be mailed to the following address:
Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028
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17 EXHIBIT C
PREVAILING WAGE
1. ___ If this box is checked, the following prevailing wage provisions apply to this Agreement.
1.1 In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code, and shall not engage in the performance of any work under this Agreement, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subconsultants as required, to the Town.
1.3 Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.
1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law.
1.5 Report on Prevailing Rate of Wages. The Town has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the Town of Portola Valley City Hall, and shall be made available to any interested party upon request.
1.6 Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the 178
18 Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
1.7 Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 2002846.8
179
TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Anthony McFarlane, Assistant Town Manager
DATE: June 24, 2026
RE: Adopt Resolution for Fiscal Year 2026-2027 Woodside Highlands Road Maintenance District Tax Assessment
RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution authorizing the San Mateo County Controller to apply charges to the 2026-2027 tax roll for the Woodside Highlands Road Maintenance District, and authorizing the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected.
BACKGROUND
In July 1997, the Town Council acting as the Governing Boards for the Woodside Highlands Road Maintenance District, adopted Ordinance 1997-300, imposing special taxes for private road maintenance on each improved parcel in the District. In November 1997, more than two-thirds of the voters within the district approved Measure C, enacting the taxes.
DISCUSSION
On an annual basis, the San Mateo County Controller’s Office requires the submittal of updated assessment information and resolutions authorizing the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected. The attached resolutions authorize this tax collection.
FISCAL IMPACT
Assessment will generate $21,500 that will be deposited into the Woodside Highlands Road Maintenance District Fund
ATTACHMENTS
1. Resolution
180
Attachment 1
RESOLUTION NO. _____-2026
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA
VALLEY AUTHORIZING THE SAN MATEO COUNTY CONTROLLER TO
APPLY THE SPECIAL TAX FOR THE WOODSIDE HIGHLANDS ROAD
MAINTENANCE DISTRICT TO THE 2026-2027 TAX ROLL AND TO
COLLECT THE TAX AT THE SAME TIME AS GENERAL COUNTY TAXES WHEREAS, at its June 25, 1997, meeting, the Portola Valley Town Council, acting as the Governing Board for the Woodside Highlands Road Maintenance District, adopted Ordinance No. 1997-300, imposing a special tax for private road maintenance; and WHEREAS, in November 1997, more than two-thirds of the voters within the Woodside Highlands Road Maintenance District approved Measure C on the ballot enacting the special tax; and
WHEREAS, each improved parcel within the Woodside Highlands Road Maintenance District is required to remit $250 annually; and WHEREAS, Ordinance No. 1997-300 has not been amended and none of the parcels have been modified over the past year.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:
1. The Town of Portola Valley authorizes the San Mateo County Controller to apply the charges to the 2025-2026 tax roll in accordance with documents supplied by the Woodside Highlands Road Maintenance District; and
2. The Town of Portola Valley authorizes the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected.
PASSED AND ADOPTED this 24th day of June, 2026.
ATTEST:
By: ______________________________
Craig Taylor, Mayor
Veronica Dao, Town Clerk
181
TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Anthony McFarlane, Assistant Town Manager
DATE: June 24, 2026
RE: Adopt a Resolution for Fiscal Year 2026-2027 Wayside II Road Maintenance District Tax Assessment
RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution authorizing the San Mateo County Controller to apply charges to the Fiscal Year 2026-2027 tax roll for the Wayside II Road Maintenance District, and authorize the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected.
BACKGROUND
In July 1997, the Town Council acting as the Governing Boards for the Woodside Highlands and Wayside II Road Maintenance Districts, adopted Ordinances 1977-301 imposing special taxes for private road maintenance on each improved parcel in the District. In November 1997, more than two-thirds of the voters within the district approved Measure D enacting the taxes. In June 2012, more than two-thirds of the voters within the district approved Measure V, increasing their district’s special tax.
DISCUSSION
On an annual basis, the San Mateo County Controller’s Office requires the submittal of updated assessment information and resolutions authorizing the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected. The attached resolutions authorize this tax collection.
FISCAL IMPACT
The tax assessment will generate $21,850 and will be deposited into the Wayside II Road Maintenance District Fund
ATTACHMENTS
1. Resolution
182
RESOLUTION NO. _____-2026
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PORTOLA VALLEY AUTHORIZING THE SAN MATEO COUNTY
CONTROLLER TO APPLY THE SPECIAL TAX FOR THE WAYSIDE
II ROAD MAINTENANCE DISTRICT TO THE 2026-2027 TAX ROLL
AND TO COLLECT THE TAX AT THE SAME TIME AS GENERAL
COUNTY TAXES
WHEREAS, at its July 9, 1997, meeting, the Portola Valley Town Council, acting as the Governing Board for the Wayside II Road Maintenance District, adopted Ordinance No. 1997-301, imposing a special tax for private road maintenance; and WHEREAS, in November 1997, more than two-thirds of the voters within the Wayside II Road Maintenance District approved Measure D on the ballot enacting the special tax; and
WHEREAS, in June 2012, more than two-thirds of the voters within the District approved Measure V on the ballot increasing the special tax; WHEREAS, each improved parcel within the Wayside II Road Maintenance District is required to remit $950 annually; and
WHEREAS, Ordinance No. 1997-301 has not been amended and none of the parcels have been modified over the past year.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:
1. The Town of Portola Valley authorizes the San Mateo County Controller to apply the charges to the 2026-2027 tax roll in accordance with documents supplied by the Wayside II Road Maintenance District; and
2. The Town of Portola Valley authorizes the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected.
PASSED AND ADOPTED this 24th day of June 2026.
By:_______________________________
Criag Taylor, Mayor
ATTEST:
__________________________________
Veronica Dao, Town Clerk
183
TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Veronica Dao, Town Clerk
DATE: June 24, 2026
RE: Adopt a Resolution Calling for a General Municipal Election to be Held on November 3, 2026; Requesting the County of San Mateo Board of Supervisors to Consolidate Said Election with the Statewide General Election; and Approving and Authorizing the Town Manager to Execute a Services Agreement with the County of San Mateo for Specified Services Relating to Conducting a General Municipal Election
RECOMMENDATION
Staff recommends that the Town Council adopt a resolution, calling for the holding of the November 3, 2026 General Municipal Election for the election of certain municipal officers; requesting the County of San Mateo Board of Supervisors to consolidate said general municipal election with the statewide general election; and approving and authorizing the Town Manager to execute a services agreement with the County of San Mateo for specified services relating to conducting a general municipal election.
BACKGROUND
Portola Valley has held its municipal elections on even-numbered years for the purpose of electing its elective offices. The offices to be voted upon at the November 3, 2026 election shall be three members of the Town Council for the full term of four years.
DISCUSSION
The Town Council must adopt a resolution ordering and calling for the General Municipal Election to be held on November 3, 2026 and request the Board of Supervisors of the County of San Mateo to consolidate a General Municipal Election for the Town. The residents of Portola Valley will vote on three people to serve four-year terms on the Town Council.
The nomination period for candidates will open on Monday, July 13, 2026 at 8:00 a.m. and will end on Friday, August 7, 2026 at 5:00 p.m. If an incumbent chooses not to file nomination papers within that timeframe, the deadline to file will be extended an additional five (5) days to August 12, 2026 at 5:00 p.m. Upon adoption of this resolution, the Town Clerk will publish notice of the Municipal Election per California Election Code Section 12101.
FISCAL IMPACT
The San Mateo County Elections Office estimates the cost to provide election services for the November 3, 2026 to be approximately between $17,000 to $20,400. Cost estimates are based on current costs, the number of registered voters and the number of jurisdictions participating in the election and are subject to change due to election service needs. This cost is included in the Fiscal Year 2026-27 Operating Budget.
184
ATTACHMENTS
1. Resolution
2. Elections Service Agreement
185
RESOLUTION NO. ____-2026
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026 FOR THE PURPOSE OF
ELECTING THREE MEMBERS OF THE TOWN COUNCIL
The Town Council of the Town of Portola Valley does RESOLVE as follows:
1. Date of Election – Offices to be Filled. A general municipal election is hereby called and ordered to be held in the Town of Portola Valley, State of California, on Tuesday, November 3, 2026, for the purpose of electing eligible persons to hold certain elective offices, the terms of incumbents of which are about to expire. Those offices are as follows:
A member of the Town Council to fill the office now held by JUDITH HASKO for a term of four (4) years;
A member of the Town Council to fill the office now held by MARY HUFTY for a term of four (4) years;
A member of the Town Council to fill the office now held by CRAIG TAYLOR for a term of four (4) years;
2. Elections Code Section 10403 – The Town Council of Portola Valley is hereby consenting and agreeing to the consolidation of a General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2026.
3. Elections Code Section 10002 – The Town Council of Portola Valley further requests that the County Board of Supervisors permit County election official(s) be authorized to render services to the Town relating to the conduct of said election. The services shall be of the administrative type normally performed by such County election official(s) in conducting elections including, but not limited to, checking registrations; printing and mailing sample ballots; ballots; candidates’ statements; hiring election officers and arranging for polling places; providing and distribution of election supplies; and counting ballots and canvassing returns.
4. Canvassing Returns – That the San Mateo County Chief Elections Officer and Assessor-County Clerk Recorder is hereby authorized to canvass the returns of the General Municipal Election, and that the election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
5. Nomination Papers – Nomination papers may be procured from the Town Clerk no earlier than 8:00 a.m. on July 13, 2026 and no later than 5:00 p.m. on August 7, 2026.
186
6. Precincts – That the election precincts, polling places, voting centers and booths, and election officials in each of the precincts in which this election shall be held, shall be the same as provided for the Statewide General Election on said date, as prescribed by the ordinance, order, resolution or notice of the Board of Supervisors of San Mateo County calling, providing for, or giving notice of such other election and which sets forth such precincts, voting centers or booths, polling places and elections officials.
7. Costs – The Town of Portola Valley recognizes that the costs incurred by the San Mateo County Chief Elections Officer and Assessor-County Clerk-Recorder, by reason of this consolidation, will be reimbursed by the Town of Portola Valley as specified in the Services Agreement.
8. Authorization – That Town Council of Portola Valley hereby authorizes the Town Manager to execute the Services Agreement with any changes to the terms to be approved by the Town Attorney.
9. Elections Code 13307 – The Town Council of Portola Valley hereby determines to levy against each candidate availing themselves if the service of including a candidate’s statement not to exceed two hundred (200) words in length in the voter’s pamphlets, the actual prorated costs of printing, handling and translating the candidate’s statement incurred by the Town of Portola Valley.
The Town Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated prorated share at the time the candidate statement is filed.
10. Submit Certified Copy – The Town Clerk is hereby directed to submit a certified copy of this resolution to the Board of Supervisors of the County of San Mateo, and to the appropriate County election official(s) of San Mateo. The Town Clerk is also directed to file a copy of the resolution with the San Mateo County Chief Elections Officer and Assessor-County Clerk-Recorder in the manner required by Elections Code Section 10403.
11. That the Town Clerk shall certify to the passage and adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that the above and foregoing Town Council resolution was duly and regularly PASSED AND ADOPTED this 24th day of June, 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
187
By: __________________________
Craig Taylor, Mayor
ATTEST:
_________________________
Veronica Dao, Town Clerk
188
1 SERVICE AGREEMENT FOR THE PROVISION OF ELECTION SERVICES
BETWEEN THE CITY OF AND
SAN MATEO COUNTY CHIEF ELECTIONS OFFICER & ASSESSOR-COUNTY CLERK-RECORDER This Service Agreement for the Provision of Election Services (“Agreement”), entered into this _______ day of _______________, 2026, is by and between the City of (the “Municipality”) and San Mateo County Chief Elections Officer & Assessor – County Clerk – Recorder (the “Chief Elections Officer”).
WHEREAS, it is necessary and desirable that the Chief Elections Officer be retained for the purpose of conducting an election, described in more detail below, for the Municipality; and WHEREAS, the Chief Elections Officer has been asked by the Municipality to conduct an election on , 20___ (the “Election”).
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
I. SERVICES TO BE PERFORMED BY THE MUNICIPALITY:
1) Within the time frame set by statute, the Municipality will request the Board of Supervisors, through the Chief Elections Officer, to conduct an election relating to the Municipality on , 20___ and will request the services of the Chief Elections Officer in relation to the Election. 2) The Municipality will timely publish the Notice of Election and the Notice to File Declarations of Candidacy for the offices to be voted on and/or the Notice to File Arguments For or Against any measure. 3) The Municipality will submit to the Chief Elections Officer the offices to be voted on and the measure ballot questions by no later than 88 days prior to the Election. The Municipality will submit to the Chief Elections Officer the names and ballot designations of the candidates to appear upon the ballot by no later than 81 days prior to the Election.
4) The Municipality will timely prepare and deliver to the Chief Elections Officer the ballot pamphlet information containing, as applicable, candidate designations and statements, ballot measure(s), tax rate statement(s), impartial analyses, arguments for or against measures and rebuttals thereto. 5) The Municipality will, if applicable, timely review and sign off on the official ballot wording for ballot measures. 6) The Municipality will timely complete any other non-delegable tasks required by law in relation to the Election. 7) The Municipality shall maintain records/maps regarding the boundaries of the Municipality and will notify the Chief Elections Officer of any changes/additions to those boundaries by 125 days prior to the Election. 8) If a candidate for a Municipality office alleges to be indigent and unable to pay in advance the requisite fee for submitting a candidate statement, the Municipality, as the applicable local agency, shall be solely responsible for determining whether the candidate is indigent pursuant to Elections Code section 13309. The Municipality shall notify the candidate, and inform the Chief Elections Officer, of the Municipality’s indigency determination, in writing, by no later than 64 days prior to the Election. If the Municipality determines that a candidate is indigent such that the candidate is eligible for an advanced candidate statement fee waiver under Elections Code section 13309, or if the Municipality fails to advise the Chief Elections Officer of its indigency determination by the specified deadline, then the Municipality shall be responsible for paying the candidate’s pro rata share of the cost of the candidate statement, which will be invoiced in accordance with the “Costs for Services” section of this agreement. Municipality’s payment of a candidate’s pro rata share of the cost of the 189
2 candidate statement is without prejudice to the Municipality’s ability to recover such costs directly from the candidate after the election, as authorized by Elections Code section 13309(f).
II. SERVICES TO BE PERFORMED BY CHIEF ELECTIONS OFFICER:
1) The Chief Elections Officer will select the sample and official ballot printer(s) and translators. 2) The Chief Elections Officer will prepare and deliver all election information to the printers and translators. 3) The Chief Elections Officer will determine and execute the appropriate translation and transliteration of all Election documents for which translation or transliteration is required. 4) The Chief Elections Officer will issue, receive and process vote by mail ballots. 5) The Chief Elections Officer will set up ADA compliant Vote Centers, publish any required notices and conduct the Election.
6) The Chief Elections Officer will provide services for any official recount or election contest, if applicable. 7) The Chief Elections Officer will conduct all aspects of the Canvass of Votes Cast. Pursuant to Section 10262 of the Elections Code, the Chief Elections Officer will submit a Certificate of Chief Elections Officer to the Municipality’s governing body certifying the results of the Election via email and U.S. mail by the fourth Friday after the Election.
8) The Chief Elections Officer will conduct other various and miscellaneous election-related activities directly required to conduct the Election itself, and not assigned to the Municipality above. To the extent that the Municipality has obligations under law to perform various duties that relate to the Election beyond those directly involved with conducting the Election, those duties remain the responsibility of the Municipality. If the Municipality wishes to have any such duties performed by the Chief Elections Officer, the parties must mutually agree in advance in writing to have the Chief Elections Officer perform such duties. By way of example only, if the Municipality is required to send certain notices or adopt resolutions relating to the Election, those duties remain duties of the Municipality.
III. INDEMNIFICATION
To the fullest extent permitted by law, the Municipality shall indemnify, defend (with counsel reasonably acceptable to the County), and hold harmless the County of San Mateo, the Chief Elections Officer & Assessor–County Clerk– Recorder, and their respective officers, employees, and agents (collectively, the “County Indemnitees”) from and against any and all claims, actions, proceedings, writ petitions, lawsuits, damages, judgments, liabilities, costs, and expenses, including attorneys’ fees and litigation costs, arising out of or relating to any act or omission of Municipality and its officers, employees, and agents (collectively, the “City Indemnitees) under this Agreement.
To the fullest extent permitted by law, County Indemnitees shall indemnify, defend (with counsel reasonably acceptable to the Municipality), and hold harmless City Indemnitees from and against any and all claims, actions, proceedings, writ petitions, lawsuits, damages, judgments, liabilities, costs, and expenses, including attorneys’ fees and litigation costs, arising out of or relating to any act or omission of County Indemnities under this Agreement.
IV. SURVIVAL
190
3 The provisions of this section shall survive termination or expiration of this Agreement and the completion of the Election.
V. TERM:
This Agreement shall be in effect for the performance of all services incident to the preparation and conduct of the Election to be held on , 20___, including before and after said Election date.
In the event the Chief Elections Officer is unable to perform services required under this Agreement as a result of employer/employee relation conditions, vendor conditions, the unavailability of Federal, State, or County funds, and/or other conditions beyond the control of the Chief Elections Officer, the Chief Elections Officer will be relieved of all obligations under this Agreement. Under the foregoing circumstances, the Chief Elections Officer may terminate this Agreement after giving 30 days written notice, at which time the Chief Elections Officer will be relieved of all obligations under this Agreement.
This Agreement can be terminated by the Municipality upon 30 days written notice.
VI. COST FOR SERVICES
In consideration of the performance of services and supplies provided by the Chief Elections Officer to conduct the Municipality’s Election, including 1) any and all costs incurred during a recount or election contest that are not reimbursed by the voter requesting the recount or filing the contest as specified in the Elections Code and 2) Municipality’s pro rata share of any other costs associated with the Election, such as return postage costs and costs for ensuring voter accessibility, the Municipality shall pay to the Chief Elections Officer a sum equal to the full cost of the Municipality’s Election, including all such services, supplies, and other costs.
The Chief Elections Officer shall send an itemized invoice to the Municipality for all services provided pursuant to this Agreement after the Election is conducted and all related costs are determined. Payment on the full amount of the invoice shall be due and the Municipality shall submit payment to the County of San Mateo within forty-five (45) days of the date of the invoice (the “Due Date”). If the amount is not paid in full within this time, interest shall accrue monthly at a rate of 0.25% per month (equivalent to 3% annually) on the unpaid balance starting at the Due Date.
Thereafter, invoices will be sent and shall be payable within thirty (30) days of the date of the invoice, with interest being added each month for any unpaid balance. The provisions of this section shall survive termination or expiration of this Agreement and the completion of the Election.
MUNICIPALITY
Signature: _____________________________________ Date:_____________ Print Name: _____________________________________
Title: _____________________________________
COUNTY
Signature: _____________________________________ Date: _____________ Print Name: _____________________________________
Title: _____________________________________
191
TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Cindy Rodas, Administrative Services Manager
DATE: June 24, 2026
RE: Adopt a Resolution Authorizing Town Participation in the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) Employment Risk Management Authority (ERMA)
RECOMMENDATION
Adopt a resolution authorizing the Town of Portola Valley to join and participate in PLAN JPA’s excess ERMA employment practices liability program.
BACKGROUND
PLAN JPA is a joint powers insurance authority originally created in 1986 currently consisting of twentyeight member cities in the San Francisco bay area. PLAN JPA provides agencies with a broad range of risk management services, liability protection and cost stability for its members. The Town of Portola Valley entered into an agreement with PLAN JPA in 2017 for property and liability coverage. Other services and additional coverage options include Worker’s Compensation, Cyber Coverage, and Employment Practices Liability each at an additional annual contribution.
DISCUSSION
As a member of PLAN JPA, the Town of Portola Valley satisfies excess liability requirements and provides robust risk sharing among similar agencies. Although the Town meets the minimum requirements, certain employment exposures are not covered under basic liability pools. Participation in the ERMA program provides specialized employment liability coverage, claims management, and protects the Town against employment-related claims.
In addition to the above-mentioned protections, ERMA membership includes access to policy examples and templates, an anonymous employee reporting hotline to mitigate risk, as well as important and required staff training ensuring compliance with state-mandated requirements. ERMA partners with wellknown law firms who specialize in public entity employment law, providing attorney hotline services to its members to receive professional consultation regarding labor and employment law-related issues.
FISCAL IMPACT
The annual contribution for participation in the ERMA program is dependent on the self-insured retention (SIR) option, which is comparable to a deductible. The annual contribution ranges from $12,363 at the highest SIR option of $150,000 to an annual contribution of $16,046 at the lowest SIR option of $50,000.
Staff recommends the $50,000 retention level at a cost of $16,046 annually from the General Fund. The annual contribution and SIR have been included in the proposed FY 2026-27 budget. 192
ATTACHMENTS
1. Resolution.pdf
193
RESOLUTION NO. ____-2026
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF PORTOLA VALLEY AUTHORIZING PARTICIPATION IN THE EMPLOYMENT
RISK MANAGEMENT AUTHORITY (ERMA)
WHEREAS, the Town of Portola Valley wishes to obtain Employment Practices Liability coverage for the period(s) of July 1, 2026 through June 30, 2029 WHEREAS, the Employment Risk Management Authority (ERMA) is a selfinsured joint powers authority created for the sole purpose of Employment Practices Liability Coverage. ERMA is comprised of various public entities that risk share up to $1 million against potentially unlawful employment practices and discrimination claims; and WHEREAS, ERMA was formed primarily due to the fact that government entities have not historically been able to secure Employment Practices Liability (EPL) coverage at a competitive cost through the commercial insurance marketplace; and WHEREAS, ERMA has met all of the high professional standards established by the California Association of Joint Powers Authorities (CAJPA) in the areas of governance, finance, claims control, safety, and loss control, and ERMA is fully accredited by CAJPA. CAJPA’s accreditation process requires reviews by independent consultants in the areas of accounting, claims adjusting, and actuarial analysis; and WHEREAS, ERMA provides services to both Joint Powers Insurance Authorities and individual public entities; and
WHEREAS, the Town of Portola Valley has determined that it is in the best interest to become a member of ERMA for the purpose of obtaining Employment Practices Liability Coverage; and
WHEREAS, ERMA requires the Town of Portola Valley to pass a resolution expressing the desire and commitment of the Town of Portola Valley’s participation in ERMA, which requires a three-year minimum participation period. The Town of Portola Valley also understands our entity will be bound by the provisions in the ERMA Joint Powers Agreement just as though it were fully set forth and incorporated herein, whether our entity had signed it individually or through an underlying Joint Powers Insurance Authority.
NOW, THEREFORE, the Town Council of the Town of Portola Valley does RESOLVE the following:
That, the Town of Portola Valley approves participation in ERMA effective July 1, 2026; and THAT, the Town Manager on behalf of the Town of Portola Valley is hereby authorized to take any and all actions necessary to implement the foregoing resolution.
PASSED AND ADOPTED this 24th day of June 2026.
194
AYES:
NOES:
ABSENT:
ABSTAIN:
By: __________________________
Craig Taylor, Mayor
ATTEST:
_________________________
Veronica Dao, Town Clerk
195
TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Darcy Smith, Town Manager
DATE: June 24, 2026
RE: Approve and Authorize the Mayor to Sign a Letter of Support for the Midpeninsula Regional Open Space District Application for a CAL FIRE Wildfire Prevention Grant for a Wildland Fire Fuels Reduction Project in the Coal Creek Open Space Preserve
RECOMMENDATION
Staff recommends that the Town Council approve and authorize the Mayor to sign a letter of support for the Midpeninsula Regional Open Space District Application for a CAL FIRE Wildfire Prevention Grant for a Wildland Fire Fuels Reduction Project in the Coal Creek Open Space Preserve.
BACKGROUND
The Midpeninsula Regional Open Space District (Midpen) is applying for a CAL FIRE Wildfire Prevention Grant to fund the Coal Creek Open Space Preserve Wildland Fire Fuels Reduction Project. The project is located near the intersection of Page Mill Road and Skyline Boulevard (SR 35)—a high-consequence wildfire corridor along the Skyline Ridge. The treatment area encompasses approximately 17 acres of forested open space and 3 miles of roadway influence zone adjacent to major evacuation routes serving communities in the Wildland Urban Interface, including Los Altos Hills, Portola Valley, the Palo Alto foothills, and Skyline Ridge.
The planned fuels reduction work includes:
Removal of dead and dying vegetation, French broom, and other invasive species Thinning of dense understory brush and small trees
Mastication of hazardous surface and ladder fuels
Pruning and limbing of larger trees to reduce vertical fuel continuity Use of both mechanical equipment and hand crews to ensure safe, ecologically sensitive treatment across varied terrain
These actions will reduce wildfire intensity, slow potential fire spread along the Skyline Ridge corridor, and significantly improve ingress and egress for residents and emergency responders. The project also protects PG&E transmission and distribution infrastructure that serves a broad region of the Peninsula and South Bay.
Midpen has requested that the Town of Portola Valley provide a letter of support for its grant application.
DISCUSSION
This agenda item presents for Council consideration the approval and authorization of the Mayor to sign a letter of support for the Midpeninsula Regional Open Space District (Midpen) application for a CAL 196
FIRE Wildfire Prevention Grant for the Coal Creek Open Space Preserve Wildland Fire Fuels Reduction Project.
FISCAL IMPACT
There is no direct fiscal impact associated with sending the letter of support.
ATTACHMENTS
1. Letter of Support
197
Town of Portola Valley 765 Portola Road, Portola Valley, CA 94028 Tel: (650) 851-1700 Fax: (650) 851-4677
June 24, 2026
CAL FIRE
Wildfire Prevention Grants Program
P.O. Box 944246
Sacramento, CA 94244-2460
RE: Coal Creek Open Space Preserve Wildland Fire Fuels Reduction Project Dear Wildfire Prevention Program Grant Review Committee, On behalf of the Town of Portola Valley, I am writing to express strong support for the Coal Creek Open Space Preserve Wildland Fire Fuels Reduction Project, a high‑priority wildfire prevention initiative led by the Midpeninsula Regional Open Space District (Midpen). This project directly advances regional public safety, protects critical infrastructure, and strengthens wildfire resilience for communities throughout the Santa Cruz Mountains and greater Peninsula region.
The project is located within the Coal Creek Open Space Preserve, near the intersection of Page Mill Road and Skyline Boulevard (SR 35)—a strategic ridgeline high-consequence wildfire corridor. The treatment area includes ~17 acres of forested open space and 3 miles of roadway influence zone adjacent to major evacuation routes serving thousands of households in the Wildlife Urban Interface including Los Altos Hills, Portola Valley, the Palo Alto foothills, and Skyline Ridge.
The planned fuels reduction work includes:
• Removal of dead and dying vegetation, French broom, and other invasive species • Thinning of dense understory brush and small trees
• Mastication of hazardous surface and ladder fuels
• Pruning and limbing of larger trees to reduce vertical fuel continuity • Use of both mechanical equipment and hand crews to ensure safe, ecologically sensitive treatment across varied terrain
These actions will reduce wildfire intensity, slow potential fire spread along the Skyline Ridge corridor, and significantly improve ingress and egress for residents and emergency responders. The project also protects PG&E transmission and distribution infrastructure that serves a broad region of the Peninsula and South Bay.
Importantly, this project is grounded in robust planning and interagency collaboration. It aligns with the CAL FIRE Strategic Fire Plan, the San Mateo and Santa Clara County Community Wildfire Protection Plans, regional Santa Cruz Mountains wildfire resilience priorities, and Midpen’s Wildland Fire Resilience Program EIR. Midpen is coordinating closely with CAL FIRE, the San Mateo Resource Conservation District, and the San Mateo and Santa Clara County Fire Safe Councils to ensure that treatments are effective, environmentally responsible, and community‑supported. 198
Given the increasing frequency and severity of wildfires across California, proactive fuel reduction projects such as this are essential to protecting lives, property, and critical infrastructure. The Coal Creek Open Space Preserve Wildland Fire Fuels Reduction Project is a responsible, science‑based, and urgently needed effort that will enhance wildfire resilience for communities across San Mateo and Santa Clara counties.
For these reasons, Portola Valley strongly supports this project and encourages full consideration and funding.
Thank you for your attention and for your continued commitment to wildfire prevention and community safety.
Sincerely,
Craig Taylor
Mayor
Town of Portola Valley
cc. Ana Ruiz, General Manager, MidPen
199
TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Anthony McFarlae, Assistant Town Manager
DATE: June 24, 2026
RE: Adopt a Resolution Adopting a List of Projects for Fiscal Year 2026-27 Funded by SB 1: The Road Repair and Accountability Act of 2017
RECOMMENDATION
Staff recommends that the Town Council adopt the attached resolution adopting a project list to comply with SB-1 funding requirements as required annually.
BACKGROUND
On April 28, 2017, the Governor signed Senate Bill 1 (SB 1), Road Repair and Accountability Act of 2017, to address transportation funding shortfalls statewide. SB 1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees into the RMRA. A portion of the RMRA funds is distributed monthly to cities for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems.
In Fiscal Year 2025-26, the estimated amount the Town was to receive from the RMRA was $116,825.
The Town has received distribution payments totaling approximately $102,569 to date for 2025-2026. A project list for FY 2025-26 was approved by the Town Council via resolution on July 23, 2025.
In Fiscal Year 2026-2027, the Town is estimated to receive $124,841 from the RMRA. Estimates were provided by CaliforniaCityFinance.com.
DISCUSSION
SB 1 emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. To be eligible for RMRA funding, cities must annually adopt a resolution with a list of projects they intent to fund with SB1 funding in the upcoming fiscal year. The program this year allows submittal of the proposed project list until July 1, 2026.
Staff recommends that SB1 funding be applied towards the Town’s Annual Street Resurfacing Project, which will be included in the Proposed Budget for Fiscal Year 2026-2027. The funds can be used on a previous or future submitted project.
The project list includes, project description, locations, completion schedule, anticipated useful life and other information required by the program. The project locations and dates are considered flexible, which allows for changes, substitutions, additions, or removal of roadways. This is helpful as staff will be in the process of developing the scope of the 2026-2027 street resurfacing project. The current project list (Attachment 1) is derived from the Towns Pavement Management System, based on a program that was developed by the Metropolitan Transportation Commission. This draft list was compiled to receive SB 1 funding and does not represent the complete list or final list of street projects for the upcoming fiscal year.
FISCAL IMPACT
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Funding from multiple sources, including SB1/RMRA funds of $124,841, for the construction of the Annual Street Resurfacing project will be considered in the Proposed Operating and Capital Budget for Fiscal Year 2026-27 under Capital Improvements. The Town receives a monthly allocation of RMRA funds.
ATTACHMENTS
1. Project List
2. Resolution
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Attachment 1
PROPOSED SB-1 TRANSPORTATION FUNDING PROJECT LIST
Fiscal Year 2026/27
Project Name: Street Resurfacing Project in the Town of Portola Valley
1. Project Description: As part of the Town’s annual street resurfacing program, this proposed project consists of street resurfacing and rehabilitation work consisting of base repairs, crack sealing, and asphalt overlay or slurry/surface seals. The primary factor for choosing the roadway segments included is the Pavement Condition Index (PCI) of each roadway. PCI is a measurement of a street’s condition derived through field inspections that utilize scoring criteria developed by the Metropolitan Transportation Commission’s (MTC) pavement management program.
2. Location of the Project:
a. Campo Road – Corte Madera Rd to South End
b. Corte Madera Road – Alpine Road to 170 Corte Madera Road c. Deer Meadow Lane – Golden Hills Drive to Cul de Sac
d. Peak Lane – Cervantes Road to Golden Oak Drive
e. Pomponio – Horseshoe Bend to Cul de Sac
f. Westridge Drive – Degas Road to 909 Westridge Drive
3. Schedule of Completion: Construction of the project is estimated to be complete by October 2026.
4. Estimated Useful Life:
Resurfacing and rehabilitation work will extend life expectancy of these streets as shown below:
• Slurry/Surface seals 4 – 6 years
• Asphalt Overlay 10-15 years
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RESOLUTION NO. ____-2026
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
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 Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the Town 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 Town, will receive an estimated $124,181 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the Town has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the Town maintain and rehabilitate the listed roads, and many similar projects into the future. 203
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 IT IS HEREBY RESOLVED, ORDERED AND FOUND by the Town Council of the Town of Portola Valley, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The fiscal year 2026-27 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues include: See Attachment 1 for project list.
PASSED AND ADOPTED this 24th day of June 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Craig Taylor, Mayor
ATTEST:
Veronica Dao, Town Clerk
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TOWN OF PORTOLA VALLEY
STAFF REPORT
TO: Mayor and Members of the Town Council
FROM: Anthony McFarlane, Assistant Town Manager
DATE: June 24, 2026
RE: Hold a Public Hearing and Consider Adoption of Resolution Adopting the Recreation Fees in the Master Fee Schedule Update
RECOMMENDATION:
Conduct a continued Public Hearing from May 27, 2026, to consider adoption of a resolution amending the Fee Schedule for Parks and Fields, and Community Hall Rentals.
REPORT SUMMARY
On May 27, 2026, Matrix Consulting Group presented their Comprehensive User Fee Study Report and recommendations for updating the Master Fee Schedule for Fiscal Year 2026-27. The Town Council accepted the report and adopted the following fees with some modifications,
1. Administrative
2. Planning
3. Building
4. Engineering
The Town Council continued the public hearing to June 24, 2026, to consider the remaining fees. Council directed staff to work with the Parks & Recreation Committee to review the results of the Fee Study report and the recommended fees. Town staff met with representatives from the committee on June 18 and reviewed the recommended fees. Attachment 2 is the result of those discussions and consideration of Council feedback.
The Parks and Recreation Committee have requested more time to review the Town’s fee structure for Sport User Groups and field and court rentals and will make a more formal recommendation in the next fiscal year.
New fees recommended to be included in the Master Fee Schedule for this fiscal year include the following,
1. Classes
a. $45 each - Application Processing Fee for New Instructors b. $45 each - Processing Fee for insurance purchased by the Town. 205