AGREEMENT TO PROVIDE SERVICES TO OPERATE
THE WORKER RESOURCE CENTER
This agreement (“Agreement”) is made and entered into this ____________________ by and between the SAMARITAN HOUSE (“ORGANIZATION”), a nonprofit corporation, and the City of San Mateo (“CITY”), a municipal corporation.
The CITY wishes to provide employment, social, educational and other services promoting public health and safety for workers at the Worker Resource Center.
The ORGANIZATION is willing to and capable of performing such community services.
To achieve common goals in the community, the CITY and the ORGANIZATION agree as follows:
I. CITY AND ORGANIZATION RESPONSIBILITIES:
A. CITY will provide the site for a Center (“Center”) to provide employment, social and educational services and other services promoting public health and safety.
B. CITY secured a lease for space for the Center located at 171 N. Amphlett Blvd, San Mateo, CA (see Attachment A “Lease”) and agrees to pay for the base rent, common area operating expenses, and utilities. The owner of the property is Sakai Family Partnership (“Lessor”) and has designated SC Properties as its agent and property manager (“Property Manager”). The lease at 171 N. Amphlett Blvd is scheduled to expire on August 31, 2025 and CITY is working on a new lease or lease extension.
C. ORGANIZATION shall not violate any provisions of any Lease secured by CITY for the operations of the Center.
D. ORGANIZATION will provide and may partner with other social and educational agencies to provide services, including but not limited to housing stability, educational services, health, nutrition, medical, and basic skills classes.
E. CITY will fund the Center at an amount not to exceed $195,000 per year.
ORGANIZATION may assist CITY in seeking and securing additional funding for Center operations, but ORGANIZATION is under no obligation to do so.
F. ORGANIZATION is responsible for the safety, security and operations of the facility, including the performance of all routine custodial and maintenance duties, maintenance of consumable supplies, and litter control at the facility.
G. ORGANIZATION shall contact Property Manager for any
maintenance or repairs that are the responsibility of the Lessor, or in any case where the responsibility for maintenance or repairs is unclear under the terms described in the Lease. ORGANIZATION shall copy CITY on any such correspondence with Property Manager.
H. ORGANIZATION shall perform all services under the Agreement in accordance with all applicable Federal, State, County and municipal laws, ordinances, regulations, and funding mandates, including requirements pertaining to confidentiality, civil rights, and quality assurance.
I. ORGANIZATION shall timely and accurately complete, sign, and submit all necessary documentation of compliance with the above-mentioned laws, ordinances, regulations, funding mandates, and requirements.
J. ORGANIZATION shall adhere to the Operational Goals as identified in Attachment B– Operational Goals.
II. AGREEMENT TERM: The services to be performed under this Agreement will commence on July 1, 2025, and will continue until June 30, 2028, unless terminated earlier by either party in accordance with the terms of this Agreement.
III. FUNDING: Funding by CITY to ORGANIZATION shall be on the following terms:
A. Funding for FY2025-26; FY 2026-27 and FY 2027-28 shall not exceed $195,000 annually as defined in Attachment C-Worker Resource Center Budget.
ORGANIZATION shall provide an invoice for each request for payment on a monthly basis based on hours worked and overhead incurred in accordance with the expenses described in the budget in Attachment C. CITY will pay the invoice within 30 days of receipt.
IV. FISCAL RESPONSIBILITIES OF ORGANIZATION: ORGANIZATION shall:
A. Establish and maintain a written system of accounts for budgeted funds that conforms with generally accepted accounting principles. Such system of accounts shall be subject to review, approval and inspection of CITY.
B. Document all costs by maintaining complete and accurate records of all financial transactions, including, but not limited to, contracts, invoices, timecards, cash and charge receipts, vouchers, cancelled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges.
C. If ORGANIZATION has an independent fiscal audit or other annual financial status report compiled, a copy shall be provided to the CITY within 30 days of completion and acceptance by the ORGANIZATION Board of Directors.
D. ORGANIZATION is liable for repayment of disallowed costs. Disallowed costs may be identified through audits, examination of invoices, monitoring, or other sources.
ORGANIZATION shall be afforded the opportunity to respond to any adverse findings which may lead to disallowed costs. Disallowed costs are costs not allowed and approved by CITY. Disallowed costs are generally defined as funds expended for purposes which do not directly further the common goals of ORGANIZATION, and CITY, set forth in the second paragraph on page 1 of this Agreement.
V. RECORDS, REPORTS AND AUDITS OF ORGANIZATION:
A. ORGANIZATION shall maintain records, including but not limited to books, financial records, supporting documents, statistical records, personnel, property, performance measures as identified in Attachment D – Performance Measures, and all other pertinent records sufficient to reflect properly (1) all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred to perform this Agreement, and (2) all other matters covered by this Agreement.
B. Preservation of Records: ORGANIZATION shall preserve and make available its records related to this Agreement for the following periods:
1. Until the expiration of three (3) years from the date of the submission of the annual financial status report;
2. For such longer period, if any, as is required by applicable law; or
3. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three (3) years from the date of any resulting final settlement.
VI. TERMINATION:
A. In the event funds are not available from CITY or other third-party entities, CITY may terminate the Agreement upon 90 days’ written notice and is under no obligation to continue to provide services as identified in Section 1. If the Agreement is terminated in this manner, ORGANIZATION shall be reimbursed for all valid expenditures made up to and including the effective date of the termination.
B. Notwithstanding availability of funding, the CITY or ORGANIZATION may terminate this Agreement with 90 days’ written notice if CITY or ORGANIZATION deems it to be in its best interest to discontinue the program. If the Agreement is terminated in this manner, CITY agrees to reimburse ORGANIZATION for all valid expenditures made up to and including the effective date of the termination.
VII. INTEREST OF PUBLIC OFFICIALS: No members, officers, employees or agents of the CITY, shall have any interest, direct or indirect, in this Agreement or a related subcontract.
VIII. INSPECTION OF PROGRAM: It is understood that CITY will periodically review
ORGANIZATION's program.
IX. PROGRAM INCOME: ORGANIZATION shall record program income as part of the financial transactions of the program. Any income generated from the program may be used to offset expenses and shall not be considered as funding stipulated in Article 3 in this Agreement.
X. REVERSION OF ASSETS: If the ORGANIZATION is dissolved or ceases to exist, any unexpended program funds in the possession of ORGANIZATION at the time of dissolution shall be immediately returned to CITY.
XI. ASSIGNABILITY: ORGANIZATION shall not assign this Agreement and shall not transfer any interest in this Agreement without the prior written consent of CITY.
XII. INDEMNIFICATION:
A. Each party shall indemnify and hold harmless the other party and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from its performance of its obligations set forth in this Agreement, excepting claims, damages, losses and expenses resulting from the sole negligence or willful misconduct of the other party for which that party will be responsible.
B. CITY shall further indemnify ORGANIZATION from such claims, damages, losses and expenses arising out of the use or occupancy of the premises by any guests or invitees, except to the extent that any such claim, damage, loss, or expense is caused by ORGANIZATION’s failure to operate and maintain the premises in a safe condition during the hours of operation of the Center.
C. The intent of this section is to provide that if someone is injured on the premises during its hours of operation because of a condition caused by ORGANIZATION, its agents or employees, or a condition that ORGANIZATION or its agents or employees in exercising reasonable efforts could have addressed, the ORGANIZATION shall bear the loss. If someone is injured on the premises at any time because of faulty construction or improper maintenance, then the CITY shall bear the risk of premises liability.
D. For purposes of the Agreement, “claims” means any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort or contract, law or equity or otherwise), charges, assessments, fines, and penalties of any kind (including consultant and expert expenses, court costs, and attorney fees actually incurred).
E. The clauses of this Article 12 shall survive the expiration or earlier termination of this Agreement until all claims against the parties hereto involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statute of limitations.
I. INSURANCE: ORGANIZATION shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, at least as broad as Insurance Services Office (ISO) form CG 0001, with a limit of not less than $1,000,000 each occurrence and a $3,000,000 umbrella policy. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, at least as broad as ISO Form CA 0001, with a limit of not less than $1,000,000 per accident for bodily injury and property damage. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. Workers Compensation in at least the minimum statutory limits, with Employer’s Liability Insurance limits of at least $1,000,000 per accident.
D. General Provisions for all insurance. The general and auto liability insurance policies are to contain, or be endorsed to contain, the following:
1. Include the City of San Mateo, its elected and appointed officials, employees, volunteers and agents as insureds with respect to this Agreement and the performance of services in this Agreement (does not apply to workers compensation or auto insurance). The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds.
2. Be primary with respect to any insurance or self-insurance programs of City, its elected and appointed officials, employees, and agents.
3. A waiver of all rights of subrogation against the City of San Mateo, its elected and appointed officials, employees, volunteers and agents for losses paid under the terms of any policy which arise from the work performed by the CONSULTANT. This provision also applies to the Workers’ Compensation policy.
4. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.
5. No changes in insurance may be made without the written approval of the City Attorney's Office.
XIII. NONDISCRIMINATION:
A. No person shall, on the grounds of race, color, national origin, religious affiliation or non-affiliation, marital status, medical condition, sex, age, disability status, sexual orientation or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination or harassment under this Agreement.
B. ORGANIZATION shall ensure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this Agreement.
ORGANIZATION's personnel policies shall be made available to CITY upon request.
XIV. PROJECT REPRESENTATION: The CITY and ORGANIZATION hereby designate
the following agents to act as project representatives and receive all notices in the execution of this Agreement.
CITY :
Rachel Horst
Housing and Neighborhood Services Manager
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
ORGANIZATION:
Laura Bent
Chief Executive Director
Samaritan House
4031 Pacific Blvd.
San Mateo, CA 94403
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.
SAMARITAN HOUSE
By:
Laura Bent
Date:
CITY OF SAN MATEO
By:
Alex Khojikian, City Manager
Date:
APPROVED AS TO FORM:
__________________________________
Mazarin Vakharia, Assistant City Attorney
ATTACHMENT A
LEASE 2nd AMENDMENT
2nd AMENDMENT TO LEASE
THIS SECOND AMENDMENT IS MADE THIS 25th DAY OF June 2025 TO THAT CERTAIN LEASE AGREEMENT DATED AUGUST 4, 2020 (“LEASE”), BY AND BETWEEN Sakai Family Partnership, (“LESSOR”), AND City of San Mateo, Inc (“LESSEE”) FOR THOSE PREMISES LOCATED AT 171 N. Amphlett Blvd., San Mateo, CA 94401. Lessor and Lessee may collectively be referred to as “Parties.” WHEREAS, on August 4 th 2020, Lessor leased to Lessee certain real property known as 171 N Amphlett Blvd, San Mateo, CA 94401 for a term of one year (Lease Term); and WHEREAS, the Lease contained an option to extend the Lease Term for up to three (3) additional twelve-month periods with an increase in the monthly rent of 3 percent per twelve-month period; and WHEREAS, the Parties agreed to extend the Lease Term in 2021, 2022 and 2023; and WHEREAS, the Parties agreed to extend the lease for an additional one-year term in a First Amendment to Lease through Resolution No. 74 (2024) and hereto now desire to extend that term for an additional three (3) years. The Parties also desire to amend the rent schedule.
NOW, THEREFORE, the Parties agree as follows:
1. Term:
The term of the Lease shall be extended for a period of thirty-six (36) months. This Second Amendment to Lease shall be effective from September 1, 2025 and ending at midnight on August 31, 2028.
2. Rent Schedule:
September 1, 2025 – August 31, 2026, monthly rent shall be $5,627.54.
September 1, 2026 – August 31, 2027, monthly rent shall be $5,796.37.
September 1, 2027 – August 31, 2028, monthly rent shall be $5,970.26.
3. Landlord’s Work:
Within 45 days of the mutual execution of this Second Amendment to Lease, Lessor is to perform the following work at Lessor’s sole cost and expense:
1.Epoxy the warehouse flooring
2.Install one operable window in upstairs mezzanine space
3.Repair/replace ventilation fans in two restrooms
4.Access to water spigot in the exterior common area
The Parties hereto confirm, ratify and agree that all other terms, provisions and conditions of the Lease except as heretofore noted, shall continue as heretofore rented and as if they were printed at large herein and they are hereby incorporated by reference.
Lessor: Sakai Family Partnership care of SC Properties
By: Date:
Lessee: City of San Mateo, Inc
By: Date:
Alex Khojikian
City Manager
By: _____________________________________________ Date: ___________________ Mazarin Vakharia
Assistant City Attorney
ATTACHMENT B
WORKER RESOURCE CENTER
OPERATIONAL GOALS
Center will be open during peak periods of casual labor work solicitation, generally from early mornings to mid-day on Monday to Saturday
Center operations will be scaleable to needs
ORGANIZATION will perform intake and assessment of workers ORGANIZATION will perform intake of employers
ORGANIZATION will use an equitable system to enable workers to match with job providers
ORGANIZATION will integrate other services onsite with a consortium of providers: ESL classes, clothing, nutrition, health referrals, etc.
ORGANIZATION will only provide services and resource referrals to registered WRC workers
ORGANIZATION will inform potential employers of their obligation to insure workers for on-the-job injuries.
ORGANIZATION will use volunteers
CITY and ORGANIZATION will perform outreach and marketing of Center to laborers and job providers at least twice a month
ORGANIZATION will abide by Center rules and regulations ORGANIZATION will involve workers in developing rules and regulations ORGANIZATION will involve workers in facility maintenance ORGANIZATION will prepare data collection/monthly reports on use of Center to measure Center’s effectiveness
ORGANIZATION will regularly liaise with CITY in quarterly meetings, and at these quarterly meetings, provide a written quarterly report that at minimum, shall describe the Center’s program activities and how they contribute to meeting performance measures, and provide a report on outreach and marketing to laborers and job provider that is provided twice a month
ORGANIZATION will submit to CITY monthly invoices in a form approved by CITY and supporting documents reasonably evidencing that the expenses have been incurred and paid by ORGANIZATION for the benefit of clients of the Center; documents evidencing these costs include but are not limited to, paid invoices stating the date and purposes of expenditures
ORGANIZATION will coordinate with CITY to secure third party funding for programs and activities.
ATTACHMENT C
BUDGET SAMARITAN HOUSE
FOR WORKER RESOURCE CENTER
8130Line Item
City of San Mateo
City of San Mateo
In-Kind
Leveraged other
Funding Total
Income
Government 195,000 195,000
Foundations Contributions - 5,000 5,000
Samaritan House General Fund - 106,036 106,036
Total Income 195,000 - 111,036 306,036
In-Kind Income (rent, recology) * 73,480 - 73,480
Total INCOME available for FY24 195,000 73,480 111,036 379,516 Expense
Personnel Expense
Salaries & Wages
WRC Program Coordinators (2.1 FTE) 107,120
Dir of Food and Community Services (.40FTE) 32,445
COO
Employee Benefits & Taxes 18,364
5,356
10,815
12,900
18,736
-
112,476
43,260
12,900
37,100
Total Personnel Expense 157,929 - 47,807 205,736
Shared Personnel Expense
Shared Personnel Expenses - 21,419 21,419
Shared Volunteer Exp - Personnel - - -
Total Shared Personnel Expense - 21,419 21,419
Total Personnel Expense & Shared Personnel Expense 157,929 69,226 227,155 Operating Expense
Office Supplies - 6,300 6,300
Program Supplies & Meals 17,689 15,000 32,689
Postage & Mail 25 25
Printing & Mailing Services - -
Communications/Telephone 5,142 5,142
Housekeeping 14,240 - 14,240
Travel, Meetings & Conferences - 620 620
License, Dues & Subscriptions - -
Mileage Reimbursement 128 128
Employee Training 200 200
Equipment Rental 310 310
Insurance Expense 710 710
Outside Services 18,000 18,000
Depreciation 45 45
Other Fees & Charges 473 473
In-Kind Expenses *' 73,480 73,480
Total Operating Expense 37,071 73,480 41,811 152,362
Total Operating Expense & Shared Operating Expense 37,071 73,480 41,811 152,362 Total Personnel and Operating Expense by Function 195,000 73,480 111,037 379,516 Net Income 0 - (0) (0)
ATTACHMENT D
WORKER RESOURCE CENTER
MEASURES OF SUCCESS
Reported Quarterly:
Daily number of workers (clients) utilizing Worker Resource Center (WRC) Number of unduplicated workers each month
Number of workers utilizing additional services each month Daily number of jobs available at the WRC
Placement ratio of workers to jobs available
Number of job seekers daily on the streets (data provided by City of San Mateo Police Department)
Police calls for service in the immediate area surrounding the Worker Resource Center Workers express satisfaction with WRC measured by monthly survey Job providers express satisfaction with WRC measured by survey provided to every job provider.
Description of workers’ involvement in operations of WRC and community service activities
Description of types of program/services provided at WRC Description of outreach efforts to workers and job providers Efforts to obtain third party funding or volunteer services at the WRC Reported Annually:
Ensure budget is adhered to
Annual update to City Council on the status of the WRC to keep City Council informed and address any programmatic changes that may be needed