Agenda packet, regular meeting — San Mateo City Council, May 4, 2026 (part 1 of 4)

CITY OF SAN MATEO
City Council Regular Meeting
May 4, 2026
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Adam Loraine
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash
Robert Newsom Jr.

AMENDED AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here: May 4, 2026
To join via telephone: (408) 638-0968
Webinar ID: 831 7831 9117 Passcode not required
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

Agenda amended on 5/4/2026 – Item 12, Attachment 9 added.

CALL TO ORDER
Pledge of Allegiance
Roll Call
Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CEREMONIAL

1. National Police Week – Proclamation

2. Aragon, San Mateo and Junipero Serra High Schools - 4.0 Grade Recognition

3. Peninsula Clean Energy – Presentation

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

4. City Council Meeting Minutes — Approval
Approve the minutes of the special and regular meetings of the City Council held on March 16, 2026, and April 6, 2026. Approve the minutes of the special meeting of the City Council held on March 30, 2026.

CEQA: This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
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5. San Mateo Union High School District (San Mateo Adult and Career Education) Recreation Instruction Services 2026-2028 — Agreement
Approve an agreement with San Mateo Union High School District for Recreation Services facilitated by San Mateo Adult and Career Education in an amount not to exceed $25,000, for a term to start on July 1, 2026, through June 30, 2028, and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

CEQA: This agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)

6. Summer Youth Theater Program — Agreement
Approve an agreement with the Bay Area Educational Theater Company to provide youth theater programs as part of the City’s summer camp programming from June 15, 2026, through August 31, 2026, in an amount not to exceed $200,000; and authorize the Director of Parks and Recreation to execute the agreement and approve change orders up to $25,000, in substantially the form presented.

CEQA: This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

7. On-Call Design Professional Services — Agreements
Approve agreements for on-call professional design services agreements through December 31, 2029, with:

Hilliard Architects for Americans with Disabilities Act (ADA) services in an amount not to exceed $120,000; Kier + Wright Civil Engineers + Surveyors, Inc. for surveying services in an amount not to exceed $175,000; HDR Engineering, Inc. for civil design services in an amount not to exceed $750,000; Kimley-Horn and Associates, Inc. for civil design services in an amount not to exceed $750,000; MNS Engineers, Inc. for civil design services in an amount not to exceed $750,000; Nichols Consulting Engineers, Chtd. for civil design services in an amount not to exceed $750,000; CSWST2 for stormwater design services in an amount not to exceed $750,000; Freyer & Laureta, Inc. for stormwater design services in an amount not to exceed $750,000; HDR Engineering, Inc. for stormwater design services in an amount not to exceed $750,000; Nichols Consulting Engineers, Chtd. For stormwater design services in an amount not to exceed $750,000; and Schaaf & Wheeler for stormwater design services in an amount not to exceed $750,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and execute any future no-cost amendments.

CEQA: This Council action in approving various professional on-call agreements is not a project subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).) Each individual project assigned, which an on-call consultant will be tasked to work on, will be individually evaluated under CEQA.)

8. 2026-2027 School Crossing Guards — Agreement
Approve an agreement with the San Mateo-Foster City School District for school crossing guards in an amount not to exceed $80,000.00 for a term from July 1, 2026 to June 30, 2027, and authorize the Chief of Police to execute the agreement in substantially the form presented.

CEQA: This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

9. Animal Control Services Agreement — Amendment
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Approve Amendment No. 1 to the agreement with the County of San Mateo for the continued provision of animal control services for a three year term commencing July 1, 2026, with an estimated cost of $983,426 for the first year and costs to be recalculated annually for subsequent years; and authorize the City Manager to execute the agreement in substantially the form presented.

CEQA: This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

10. Downtown Business Improvement Area – Approval
Adopt a Resolution of Intent to Levy the Annual Assessments for the Downtown Business Improvement Area for fiscal year 2026-27; accept the fiscal year 2025-26 Downtown San Mateo Association Annual Report; and set a public hearing for the May 18, 2026, City Council meeting for the annual levy.

CEQA: All meeting noticing requirements were met. As required by the California Streets and Highways Code Section 36534, a notice shall be provided in the local newspaper no less than seven (7) days prior to the May 18, 2026 City Council public hearing.

11. Comprehensive Liability Fund — Appropriation
Adopt a Resolution approving a supplemental budget appropriation of $1,100,000 of unassigned fund balance from the General Fund and the Construction Services Fund to increase transfers out to the Comprehensive Liability Fund (Fund 880) to increase the budget for legal costs.

CEQA: This Resolution is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.

PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made.

Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.

12. Historic Policy Update – Ordinance Introduction

1. Introduce an Ordinance to amend San Mateo Municipal Code Chapter 27.66 (Historic Preservation) of the San Mateo Municipal Code to update the City’s historic preservation regulations to be consistent with General Plan 2040, align with industry best practices and establish processes and guidance for identifying, designating, and treating historic resources and districts at the local level;

2. Introduce an Ordinance to add Chapter 2.23 to the San Mateo Municipal Code to establish the Historic Resources Commission;

3. Adopt a resolution to establish a Citywide Historic Context Statement that will serve as a basis and planning document to aid in identification and assessment of historic resources;

4. Adopt a resolution to update the City’s Mills Act Program for administering historic preservation agreements; and

5. Find that the ordinances and resolutions are exempt from further review under the California Environmental 3 of 976
Quality Act pursuant to CEQA Guidelines Section 15061 (Common Sense Exemption), Section 15306 (Information Collection) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment).

CEQA: The California Environmental Quality Act (CEQA) applies only to activities that may cause a direct or reasonably foreseeable indirect physical change in the environment. The proposed project, which includes an updated Historic Preservation Ordinance, Historic Resources Commission Ordinance, Citywide Historic Context Statement, and updated Mills Act Program, will update and clarify the City’s policies and processes surrounding historic preservation, but will not materially change or expand their applicability. Therefore, the proposed project meets the criteria of CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and, pursuant to this exemption, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and is exempt from CEQA.

Additionally, the Historic Context Statement meets the criteria to be Categorically Exempt from further environmental review pursuant to Section 15306 (Class 6 – Information Collection) because it is an informational document that highlights trends and patterns of development and their relationship to significant elements of San Mateo history, and functions as a policy document to help guide the evaluation of specific historic resources. The Ordinance to establish the Historic Resources Commission and the Resolution to update the City’s Mills Act Program are exempt pursuant to Section 15378(b)(5), as these actions are administrative activities that will not result in direct or indirect physical changes in the environment. Finally, the Historic Preservation Ordinance and updated Mills Act Program are exempt under Section 15308 (Class 8 – Actions by Regulatory Agencies for Protection of the Environment) because the Ordinance and Mills Act program regulate how properties can be modified, thereby protecting historic resources through maintaining the existing built environment. )

OLD BUSINESS

13. U.S. 101/SR 92 Direct Connector Status — Update
Receive a status update and informational presentation about the US-101/SR-92 Direct Connector project.

CEQA: This informational item is not a project subject to CEQA, because it consists of feasibility or planning studies for possible future actions. (CEQA Guidelines Section 15262.)

NEW BUSINESS

14. Peninsula Clean Energy Name Change to Westlight Energy — Ordinance Introduction Introduce an Ordinance to amend San Mateo Uncodified Ordinance No. 2016-1 Authorizing the Implementation of Community Choice Aggregation Program to address the name change; and adopt a Resolution approving an amendment to the Joint Powers Agreement with Peninsula Clean Energy to reflect the name change of Peninsula Clean Energy Authority to WestLight Energy.

CEQA: This name change is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)

15. Senate Bill 707 (Brown Act Amendments): Technology Disruption Policy and Public Outreach and Interpretation Policy — Adoption
Adopt a Resolution to approve the City’s Technology Disruption Policy; adopt a Resolution approving the City’s Public Outreach and Public Interpretation Assistance Practices; and receive a presentation on Senate Bill 707 (SB 707), which made extensive amendments to the Brown Act, and its impacts on the City’s legislative bodies.

CEQA: This policy approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 4 of 976
15378(b)(5).)

REPORTS, ANNOUNCEMENTS, AND COMMITTEE UPDATES
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS: Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

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For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

WATCHING A MEETING ON A COMPUTER: There are three ways to stream. 1) Public Meeting Portal www.cityofsanmateo.org/publicmeetings 2) City YouTube channel and stream it on YouTube: http://youtube.com/CityofSanMateo 3) Watch TV live stream: https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to: [email protected] until 4 p.m. the day of the meeting.

During the meeting
By Zoom: Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person: At the meeting complete a “Request to Speak” form. Organized Group and Presentations: Up to five (5) minutes for a group presentation, with as many speakers as can be accommodated within that time allowance. To qualify for a group presentation, all individuals associated with the presentation must be clearly identified and confirmed as in attendance at the meeting. Presentation materials must be submitted to [email protected] one (1) business day in advance of the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act and to ensure meaningful access for all participants, including those with limited English proficiency, individuals requiring special accommodations or language assistance to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 2018 - 26-11177 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: May 4, 2026
SUBJECT:

City Council Meeting Minutes — Approval
RECOMMENDATION:

Approve the minutes of the special and regular meetings of the City Council held on March 16, 2026, and April 6, 2026.

Approve the minutes of the special meeting of the City Council held on March 30, 2026.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

This minutes approval is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Minutes 2026-3-16 Special
Att 2 – Minutes 2026-3-16 Regular
Att 3 – Minutes 2026-3-30 Special
Att 4 – Minutes 2026-4-06 Special
Att 5 – Minutes 2026-4-06 Regular

STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042
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City Council Special Meeting Minutes – 3/16/2026 Page 1

COUNCIL MEMBERS
Adam Loraine, Mayor
Nicole Fernandez, Deputy Mayor
Danielle Cwirko-Godycki
Lisa Diaz Nash
Rob Newsom Jr.

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 16, 2026
City Hall, Council Chambers 6:00 PM
Special Meeting
CALL TO ORDER at 6:00 p.m.

Roll Call

Present: Mayor Loraine; Deputy Mayor Fernandez; Council Members Cwirko-Godycki, Diaz Nash, and Newsom.

AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.

STUDY SESSION

1. City Council SMART Activities Priority List — Direction Staff presented an overview of the City Council priority-setting framework, including the transition to SMART (Specific, Measurable, Achievable, Relevant, Time-bound) goals. The presentation included alignment with departmental work plans, infrastructure priorities, economic development, housing initiatives, and communication improvements.

Public Comment: Laurie Watanuki and Mike Swire spoke in support of strategic priority number 54 to reduce vehicular speeds.

Councilmembers asked questions of staff and engaged in discussion regarding the proposed transition from multi-year “Blue Sky” priorities to one-year SMART goals. Discussion included how proposed activities align with previously adopted priorities and how progress will be tracked and communicated to the public.

Councilmembers inquired about staffing capacity and resource constraints, including the impact on the General Fund and how departments are prioritizing work within existing resources. Questions were also raised regarding the timing and sequencing of infrastructure projects, including stormwater and flood mitigation efforts, and how these projects are coordinated with regional and external partners.

Council discussed housing and land use opportunities, including potential sites and alignment with Housing Element goals, as well as economic development strategies, with an emphasis on revenue-generating uses such as hotel development.

Councilmembers also emphasized the importance of clear and consistent communication to the public, including more frequent updates on major initiatives and improved transparency in reporting progress toward Council priorities.

Council provided general direction to further refine and clarify the presentation of SMART goals, enhance transparency and public reporting on progress, explore opportunities to provide more frequent updates to the Council and community, and maintain focus on key priorities, including infrastructure investment and economic development.
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City Council Special Meeting Minutes – 3/16/2026 Page 2 ADJOURNMENT – The meeting adjourned at 6:55 p.m.

APPROVED BY: SUBMITTED BY:

Adam Loraine, Mayor Martin McTaggart, City Clerk
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City Council Regular Meeting Minutes – 3/16/2026 Page 1

COUNCIL MEMBERS
Adam Loraine, Mayor
Nicole Fernandez, Deputy Mayor
Danielle Cwirko-Godycki
Lisa Diaz Nash
Rob Newsom Jr.

CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 16, 2026
City Hall, Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.

Roll Call

Present: Mayor Loraine, Deputy Mayor Fernandez, and Council Members Cwirko-Godycki, Diaz Nash, and Newsom.

AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.

CEREMONIAL

1. San Mateo AYSO Boys U14 Winter Select Team — Recognition The City Council recognized the San Mateo AYSO Boys U14 Winter Select Team for their championship season. Coaches Brandon Arnold and Adam Fahey spoke regarding the team’s development, teamwork, and successful season.

2. At-Risk Youth Foundation — Presentation A representative of the At-Risk Youth Foundation provided a presentation regarding the organization’s programs and services.

3. The San Francisco Peninsula 2025–2028 Strategic Plan — Presentation John Hutar, President and CEO of the San Francisco Peninsula organization, presented the organization’s strategic plan focused on tourism development, destination marketing, and regional collaboration.

CONSENT CALENDAR
The following items, 4 through 21, were considered routine by the City Council. After the titles were read by the Deputy City Clerk, the Mayor invited public comment; there were no requests to speak.

Council Member Cwirko-Godycki announced abstentions on Agenda Items 8 and 20 due to potential conflicts of interest related to real property interests and a source of income within the past 12 months. Deputy Mayor Fernandez announced a recusal from Agenda Item 18 based on a prior determination requiring recusal.

During Council consideration, clarification was requested regarding Agenda Item 21 (Marina Lagoon Spot Dredging Project Bid Rejection). Staff explained that the bids were rejected due to non-responsive submissions.

Moved: Newsom, Seconded: Cwirko-Godycki
Ayes: Fernandez, Newsom, Loraine, Cwirko-Godycki, and Diaz Nash Noes: None

4. San Mateo Public Library Foundation Operating Lease — Amendment Approve an Amendment to the Property Lease and Operating Agreement with the San Mateo Public Library Foundation to extend the lease for an additional year commencing on April 1, 2026 through March 31, 2027; and authorize its execution by the City Librarian.
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5. AB 481 Annual Military Equipment Report — Approval
Approve the Annual Military Equipment Report per California State Assembly Bill No. 481.

6. Real Time Information Center — Agreement
Approve a license agreement with Franklin Templeton Companies, LLC, for occupancy of office space located at 1 Franklin Parkway in San Mateo, to support the expansion and continued operations of the Police Department Real Time Information Center in the amount of $1/month; and authorize the Chief of Police to execute the agreement in substantially the form presented.

7. City of Foster City Interest on Wastewater Treatment Plant Payments — Agreement Approve an agreement with the City of Foster City to receive an interest payment for the Wastewater Treatment Plant Master Plan Improvement Projects in the amount of $148,141.70; and authorize the City Manager to execute the agreement in substantially the form presented.

8. Citywide Capital Project Appropriation Amendments — Adoption Adopt two Resolutions to adjust appropriations for certain Citywide Capital Improvement Program projects.

Enactment: Resolution No. 22 (2026) and Resolution 23 (2026)

9. Microsoft Enterprise Agreement Subscription Increase — Approval Approve a subscription increase to the City’s Enterprise Agreement (EA) with Microsoft for Office software, Windows desktop operating systems, and server products for Year 3 of the existing three-year agreement in the amount of $28,604.24, for a new total of $794,341.24; and authorize the Director of Information Technology to execute the subscription increase in substantially the form presented.

10. Customer Relationship Management Software and Services — Amendment Approve Amendment No. 1 to the agreement with Catalis Public Works & Citizen Engagement, LLC to increase agreement by $10,000, for a revised total agreement amount of $150,500; establish a contingency reserve in the amount of $11,000; and authorize the Director of the Information Technology Department to execute the agreement amendment in substantially the form presented and approve any amendments within the contingency amount.

11. City Council Meeting Minutes — Approval
Approve the minutes of the special meeting of the City Council held on February 19, 2026. Approve the minutes of the special and regular meetings of the City Council held on February 23, 2026.

12. Temporary Sign Placement Enforcement Policy During Election Periods — Adoption Adopt a Resolution to approve the Temporary Sign Placement Enforcement During Elections Policy to standardize guidelines for the City's enforcement of temporary signs in accordance with San Mateo Municipal Code Title 25 (Signs) and authorize the City Manager to make non-substantive changes as needed.

Enactment: Resolution No. 24 (2026)

13. Operation of Leaf Blowers — Ordinance Adoption
Adopt an Ordinance to amend San Mateo Municipal Code Chapter 10.80 "Operation of Leaf Blowers" to prohibit the use of gas leaf blowers.

Enactment: Ordinance No. 2026-03

14. Reach Codes for the 2025 Code Cycle — Ordinance Adoption Adopt an Ordinance to amend San Mateo Municipal Code Chapter 23.24 "Energy Code" to require energy conservation measures for air conditioner alterations, replacements and installations in single family homes, 10 of 976
City Council Regular Meeting Minutes – 3/16/2026 Page 3 duplexes and townhomes; energy conservation measures for heating, ventilation and air conditioner replacements and installations in nonresidential buildings; and increased efficiency and electric readiness requirements for additions and alterations to single family homes, duplexes, and townhomes.

Enactment: Ordinance No. 2026-04

15. Citywide Fire, Life, and Safety Inspection Testing and Maintenance Services — Revised Agreement Adopt a Resolution to use an alternative purchasing method to award a five-year agreement with APi National Service Group, Inc. for inspection, testing, and maintenance of Citywide fire, life, and safety systems in the amount of $591,357; approve a contingency reserve of $60,000; and authorize the Public Works Director to execute the revised agreement in substantially the form presented and issue change orders within the contingency amount.

Enactment: Resolution No. 25 (2026)

16. Citywide Street Reconstruction Phase 5 — Agreement
Approve an agreement with Teichert Construction in the amount of $4,274,912; establish a contingency reserve in the amount of $855,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

17. Dr. Martin Luther King, Jr. Resiliency Center Program Manager — Amendment Approve Amendment No. 1 to the agreement with ELS Architecture & Urban Design for professional program management services for the Dr. Martin Luther King, Jr. Resiliency Center Tasks 2 and 3 in the amount of $314,560, for a new agreement total of $345,655; establish a contingency reserve in the amount of $34,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue amendments within the contingency amount.

18. Villa Terrace Closure Project Funding — Agreement
Adopt a Resolution to approve a Section 130 funding agreement with the California Department of Transportation for the railroad crossing closure project at Villa Terrace and appropriate $1,128,000 in Section 130 funding to the Capital Project Fund and authorize the City Manager to execute the agreement in substantially the form presented and any future amendments and grant documents.

Enactment: Resolution No. 26 (2026)

19. East 41st Place and Pacific Boulevard Trash Capture Project — Contingency Increase Approve an increase to the contingency reserve associated with the construction agreement with GSW Construction, Inc. for the East 41st Place (E 41st Place) and Pacific Boulevard Trash Capture Project in the amount of $36,900 and authorize the Public Works Director to issue change orders within the contingency amount.

20. Regional Measure 3 Funding Request — Approval
Adopt a Resolution to authorize the City Manager to execute and submit an allocation request as required by the Metropolitan Transportation Commission (MTC) for $3 million in Regional Measure 3 (RM3) funds for 19th Avenue/Fashion Island Boulevard Multimodal Improvements Project and to designate the City of San Mateo as the implementation agency for the construction phase.

Enactment: Resolution No. 27 (2026)

21. Marina Lagoon Spot Dredging Project, Bid Rejection — Approval Adopt a Resolution to reject all bids received for the Marina Lagoon Spot Dredging Project.

Enactment: Resolution No. 28 (2026)
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PUBLIC COMMENT
Rebecca Bennet spoke in opposition to the proposed high-density residential development at 1700 El Camino Real, citing concerns related to building height, setbacks, and impacts to sunlight and adjacent single-family neighborhoods. Marjorie Ruiz Hidalgo provided an informational update regarding the PG&E “Report It” program, encouraging the public to utilize the application and website to report non-emergency electrical safety concerns. Anna Cwirko-Godycki spoke in support of pursuing federal funding opportunities under the Older Americans Act to support senior programs, including the King’s Center Senior Lunch Program. Mei Li spoke regarding health concerns within the community. Katy Milligan reported difficulty accessing the meeting using the Zoom credentials posted on the agenda; staff confirmed the technical issue had been resolved. Katy Milligan, Katherine Collins, Katherine McDonald, Nihil Patel, and one unidentified speaker spoke in opposition to the proposed Horizon Detox facility at 101 N. El Camino Real. Taso Zografos spoke in opposition to the proposed Horizon Detox facility and requested that the City Council take a position on the project.

The Council recessed from 7:46 p.m. to 7:51 p.m. to allow additional time for speakers who were previously unable to join due to technical issues.

Following the recess, Jeanne McCarthy, Jean (last name not provided), and Christina Johnson spoke in opposition to the proposed Horizon Detox facility at 101 N. El Camino Real.

At the conclusion of public comment, after discussion, City Council directed not to send staff to participate in the March 24 County meeting on the proposed Horizon project; and to schedule a City-hosted special meeting within 30 days of the March 24 meeting, inviting County representatives, Horizon leadership, and relevant stakeholders.

No formal vote was taken; direction was provided by consensus.

PUBLIC HEARING

22. 2026 Solid Waste Collection Rates — Rate Increase
Jack Johnson, Waste Management Supervisor, provided the presentation.

Public Comment – Mr Raghuam thanked staff for their presentation and inquired about potential cost-saving measures.

Council asked questions and made comments. At the close of the public hearing, the Deputy City Clerk announced the total number of protests received had not reached the threshold required and the Council was free to take action.

Motion to Adopt a Resolution to establish maximum rates for solid waste, recycling, and organics collection for rate year 2026. Council also directed staff to explore potential financial assistance options for low and fixedincome residents and review models from other cities.

Moved: Newsom, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.

Enactment: Resolution No. 29 (2026)
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NEW BUSINESS

23. 2025 Annual Progress Reports – Housing Element, General Plan and Housing Successor Agency – Approval Rachel Horst, Housing Manager, Steve Golden, Principal Planner, and Somer Smith, Senior Planner Public Comment: there were no speakers
Council discussion included progress made towards the City’s state-mandated Housing Allocation (RHNA), progress on implementing goals and policies in General Plan 2040, and funding uses for the City’s Low-Moderate Income Housing Asset Fund. Following the discussion, the Council voted unanimously to direct the City Manager to submit the Annual Progress Reports to their respective State agencies.

Moved: Diaz Nash, Seconded: Cwirko-Godycki
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.

Motion was made to extend the meeting to 11:30 p.m.

Moved: Diaz Nash, Seconded: Cwirko-Godycki
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.

24. Charter Amendments — Study Session
City Attorney Prasanna Rasiah provided the presentation Public comment: there were no speakers.

Council Discussion emphasized improving clarity and flexibility in the Charter while maintaining transparency and effective governance. This item will be returning for two additional Public Hearings.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and noted past and future events, along with updates.

ADJOURNMENT –The meeting adjourned at 11:12 p.m.

APPROVED BY: SUBMITTED BY:

Adam Loraine, Mayor Martin McTaggart, City Clerk
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COUNCIL MEMBERS
Adam Loraine, Mayor
Nicole Fernandez, Deputy Mayor
Danielle Cwirko-Godycki
Lisa Diaz Nash
Rob Newsom Jr.

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 30, 2026
Oak Room, San Mateo Main Library
55 West 3rd Avenue 6:30 PM
Special Meeting
CALL TO ORDER at 6:30 p.m.

Roll Call

Present: Mayor Loraine; Deputy Mayor Fernandez; Council Members Diaz Nash, and Newsom.

Absent and Excused: Council Member Cwirko-Godycki

NEW BUSINESS

1. 2026 State of the City - Presentation
Mayor Loraine delivered the annual State of the City presentation and presented insights into the City’s achievements in 2025 and plans for 2026.

Public Comment: There were no speakers.

No action was taken by the City Council.

ADJOURNMENT – The meeting adjourned at 8:15 p.m.

APPROVED BY: SUBMITTED BY:

Adam Loraine, Mayor Martin McTaggart, City Clerk
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COUNCIL MEMBERS
Adam Loraine, Mayor
Nicole Fernandez, Deputy Mayor
Danielle Cwirko-Godycki
Lisa Diaz Nash
Rob Newsom Jr.

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
April 6, 2026
City Hall, Council Chambers 6:00 PM
Special Meeting
CALL TO ORDER at 6:02 p.m.

Roll Call

Present: Mayor Loraine; Deputy Mayor Fernandez; Council Members Cwirko-Godycki, Diaz Nash, and Newsom.

Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances: Pursuant to California Government Code Section 54953(b), Deputy Mayor Fernandez participated in this meeting via teleconference from the following location: 14757 28th Avenue NE, Shoreline, WA 98155

CLOSED SESSION
The public was provided with an opportunity to speak on agenda items 1-3; there were no requests to speak. Council convened to closed session at 6:04 p.m.

1. Conference with Legal Counsel — Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of the case: Victoria Varvel

2. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Aracelia Esparza, Abby Veeser, Stacey Cue- IEDA Consultant: San Mateo Safety Management Association (SMSMA)

3. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Aracelia Esparza, Abby Veeser, and Stacey Cue- IEDA Consultant: Service Employees International Union (SEIU)
Council reconvened to open session at 6:36 p.m.

STUDY SESSION

4. Electronic Billboard Policy
Jennifer Chen, Economic Development Manager provided the presentation.

Public Comment: Laurie Watanuki spoke in opposition to maintaining the existing billboard on South Amphlett Boulevard, stated the billboard has negatively impacted neighborhood quality of life for decades and urged Council to remove the existing billboard and relocate any future signage away from residential areas. David Light supported removal of the existing Amphlett billboard. Kevin Simpson expressed general opposition to billboards, particularly electronic billboards due to visual and lighting impacts.

Council asked questions of staff and provided direction further explore implementing a pilot electronic billboard program, which would allow one existing billboard to be relocated from private property to City15 of 976 City Council Special Meeting Minutes – 4/6/2026 Page 2
owned or City-controlled property. Council expressed the desire to minimize impacts to nearby residential areas, prioritize locations with the strongest revenue potential, such as the Highway 101 and 92 corridors, and incorporate City promotional messaging. Council also indicated that the review and approval mechanism should be a combination of Zoning Administrator design review and City Council approval of a lease agreement.

ADJOURNMENT – The meeting adjourned at 7:15 p.m.

APPROVED BY: SUBMITTED BY:

Adam Loraine, Mayor Martin McTaggart, City Clerk
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COUNCIL MEMBERS
Adam Loraine, Mayor
Nicole Fernandez, Deputy Mayor
Danielle Cwirko-Godycki
Lisa Diaz Nash
Rob Newsom Jr.

CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
April 6, 2026
City Hall, Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:25 p.m.

Roll Call

Present: Mayor Loraine, Deputy Mayor Fernandez, and Council Members Cwirko-Godycki, Diaz Nash, and Newsom.

CEREMONIAL

1. Hillsdale High School – 4.0 Grade Recognition Principal Jeff Gilbert shared a few words and Hillsdale High School students received recognition for maintaining a 4.0 GPA.

2. Fair Housing Month – Proclamation Laura Diaz, Fair Housing Community Outreach Coordinator, received the proclamation for Fair Housing Month, which celebrates the 58th anniversary of the enactment of the Federal Fair Housing Act of 1968.

3. Dispatcher Appreciation – Proclamation Chief of Police Ed Barberini and Dispatch Supervisor Stacey Foster received the proclamation recognizing the second week of April as National Public Safety Telecommunicators Week. The City Council honored San Mateo’s dispatchers and thanked them for the critical, lifesaving support they provide.

CONSENT CALENDAR
The following items, 4 through 9, were considered routine by the City Council. After the titles were read by the City Clerk, the Mayor invited public comment; there were no requests to speak.

Moved: Cwirko-Godycki, Seconded: Newsom
Ayes: Fernandez, Newsom, Loraine, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.

4. Council Member, Chief of Police, and City Clerk — Travel Authorization Approve the request for travel out of state and lodging for Council Member Danielle Cwirko-Godycki, Chief of Police Barberini, and City Clerk Martin McTaggart, subject to the City Council Rules and Procedures, as the City's official representatives at the 101st Airborne 1st military ball on May 8, 2026. 17 of 976
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5. Deputy Mayor Request for Budget Reallocation for Events, Trainings, and Conferences Fiscal Year 2025–26 — Approval
Approve Deputy Mayor Fernandez’s request to re-allocate an additional $2,000 in existing Fiscal Year 2025–26 Council Member budget funds to Deputy Mayor Fernandez for events, trainings, and conferences through the remainder of the current fiscal year.

6. Clean Water Program Annual Major Components Dissolved Air Flotation Tank Replacement — Agreement Adopt a Resolution to authorize an alternative purchasing procedure to enter into an agreement with Carollo Engineers, Inc. to provide design professional services for the Wastewater Treatment Plant Dissolved Air Flotation Tank Replacement Project, in an amount not to exceed $964,300; establish a contingency reserve of $145,000; and authorize the Public Works Director to execute this agreement and task amendments within the contingency amount in substantially the form presented.

Enactment: Resolution No. 30 (2026)

7. El Camino Real Streetlight Relocation Project — Bid Rejection Adopt a Resolution to reject all bids received for the El Camino Real Streetlight Relocation Project and authorize the Public Works Department to initiate a second Notice Inviting Bids.

Enactment: Resolution No. 31 (2026)

8. Main Library Lighting Controls Upgrade — Contract
Adopt a Resolution approving an alternative purchasing procedure to award a construction contract to McClure Electric, Inc. for the Main Library Controls Upgrade Project (Project) in an amount not to exceed $395,690; establish a contingency reserve of $40,000; authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency reserve; and approve an appropriation of $300,000 in Measure S funds and $95,000 in General Fund dollars to the Main Library Lighting Controls Upgrade Project.

Enactment: Resolution No. 32 (2026)

9. 2026 Annual Investment Policy — Approval
Adopt a Resolution to approve the City of San Mateo 2026 Investment Policy.

Enactment: Resolution No. 33 (2026)

PUBLIC COMMENT
Brandon Madrigal provided an organized presentation on behalf of the Madrigal family, and spoke to a March 28, 2026 collision at Delaware Street and State Street involving his father and siblings. Brandon detailed injuries sustained by family members. Brandon requested the City take action to prevent similar incidents and improve safety. Kevin Simpson raised concerns about increasing pedestrian safety incidents. Ronald Guillen reported alleged safety and permitting violations related to sewer infrastructure at a private property. Rich Hedges spoke about a fatal collision at 17th Avenue and El Camino Real. Belinda Hansen described unsafe pedestrian conditions near Delaware Street and State Street. Claudia Argote noted repeated accidents near State Street and Delaware Street. Lina Kudinar shared personal experiences navigating unsafe intersections and supported improvements at Delaware and State and broader citywide pedestrian safety measures. Donald Yu described visibility issues and unsafe crossing conditions at Delaware and State. Ruth Anderson witnessed aftermath of the March 28 collision and Requested emergency traffic calming measures and intersection improvements. Mike Swire referenced multiple fatal incidents involving pedestrians, urged systemic safety improvements and prioritization of pedestrian protections. Seema Patel spoke about the need to address all safety improvements needed within the city. David Hunt expressed safety improvements need to be responded to quicker. Michael Reagan spoke about the need for additional police enforcement needed. Kolja expressed support for street 18 of 976
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safety improvements and asked the Council to take a position on the proposed Horizon Detox Center location in Burlingame. Max Mautner urged Council to prioritize quick-build improvements on the North Delaware corridor.

Allison McQueen spoke in favor of safer streets in San Mateo.

PUBLIC HEARING

10. Status of Vacancies and Recruitment and Retention Efforts (Assembly Bill 2561/Government Code 3502.3) – Public Hearing
Aracelia Esparza, Director of Human Resources, provided a presentation.

Individuals representing SEIU gave a presentation.

Council asked questions and made comments.

Director of Human Resources Esparza, and Jesse Dolan, representing SEIU, responded.

Public Comment – there were no speakers.

Council acknowledged progress in reducing the vacancy rate to approximately 6.6% and expressed support for maintaining levels below 7%. Discussion highlighted recent Human Resources restructuring efforts, expanded recruitment and outreach strategies, and new program development, including fellowship opportunities.

Council encouraged continued evaluation and improvement of internal HR processes and welcomed innovative ideas to strengthen recruitment and retention.

The Council took a recess from 8:41 p.m. to 8:46 p.m.

11. Tax Exempt Financing, The Carey School — Adoption
Finance Director Abby Veeser provided a brief overview of the request and the need to conduct a Tax Equity and Fiscal Responsibility Act public hearing. There were no questions. The Mayor opened the public hearing, there were no speakers.

A motion was made to adopt a resolution approving the issuance of tax exempt revenue obligations or execution of a loan transaction by the California Enterprise Development Authority for the purpose of financing, refinancing and/or reimbursing the cost of capital improvements to The Carey School, located at 1 Carey School Lane and 2033 La Salle Drive in San Mateo, California.

Moved: Cwirko-Godycki, Seconded: Newsom
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.

Enactment: Resolution No. 34 (2026)

12. Fiscal Year 2026-27 Comprehensive Fee Schedule — Approval Karley Toffey, Senior Management Analyst, provided the presentation.

Public comment: there were no speakers.

A motion was made to approve the proposed Fiscal Year 2026–27 Comprehensive Fee Schedule, which included annual updates based primarily on Consumer Price Index, selected adjustments based on other cost formulas or analyses and the removal of obsolete or unused fees, including certain Information Technology fees. 19 of 976
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Moved: Cwirko-Godycki, Seconded: Diaz Nash
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.

Enactment: Resolution No. 35 (2026)

13. Charter Amendments – Public Hearing No. 1
Prasanna Rasiah, City Attorney, presented the item. The City Council conducted the first of two required public hearings on proposed amendments to the City Charter to reflect district-based elections and modernize outdated provisions. Council discussion included consideration of moving the establishment of regular City Council meeting dates and times to resolution to provide greater administrative flexibility, revising provisions related to emergency ordinances, removing outdated candidate statement requirements, and replacing the Charter’s newspaper selection process with an ordinance-based approach.

Public Comment: there were no speakers.

The Council asked clarifying questions of staff. Staff noted that, should the Council proceed, a proposed ballot question and impartial analysis would be prepared and included in the voter information materials for the measure.

NEW BUSINESS - CITY OF SAN MATEO AND JOINT POWERS FINANCING AUTHORITY

14. City of San Mateo Joint Powers Financing Authority Variable Rate Demand Revenue Bonds (Public Safety Project) Series 2007A — Letter of Credit Renewal
Abby Veeser, Finance Director provided the presentation, during which the City Council and the San Mateo Joint Powers Financing Authority held a concurrent meeting to consider approving resolutions authorizing the City Manager’s approval of amendments to the Reimbursement Agreement and Fee Agreement with Wells Fargo.

These are related to the renewal of the letter of credit for the City’s 2007A Variable Rate Demand Revenue Bonds for the Public Safety Project.

Public Comment: there were no speakers.

The Council asked clarifying questions of staff. A motion was made to adopt both resolutions.

Moved: Cwirko-Godycki, Seconded: Newsom
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
Motion passed 5-0.

Enactment: Resolution No. 36 (2026) and Resolution No. 37 (2026)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and noted past and future events, along with updates. Council Member Diaz Nash requested Council authorization to communicate her informal statement and those of individual Council Members at a subsequent County of San Mateo Board of Supervisors meeting on the proposed relocation of the Horizon Rehabilitation Center project to Burlingame. Mayor Loraine provided a report out on the meeting of the City Council’s Legislative Committee on Wednesday, April 1st, including usage of the City’s legislative platform.
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ADJOURNMENT –The meeting adjourned at 9:55 p.m.

APPROVED BY: SUBMITTED BY:

Adam Loraine, Mayor Martin McTaggart, City Clerk
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 18-6111 File ID: 26-11057 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: May 04, 2026
SUBJECT:

San Mateo Union High School District (San Mateo Adult and Career Education) Recreation Instruction Services 2026-2028 — Agreement
RECOMMENDATION:

Approve an agreement with San Mateo Union High School District for Recreation Services facilitated by San Mateo Adult and Career Education in an amount not to exceed $25,000, for a term to start on July 1, 2026, through June 30, 2028, and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

BACKGROUND:

San Mateo Adult and Career Education’s mission is to prepare adults from diverse backgrounds and educational needs for success in college, career, and community engagement. Their programs provide equitable opportunities to access and acquire academic, workforce, life, and technology skills. Facilitated through the San Mateo Union High School District, San Mateo Adult and Career Education offers a broad range of opportunities for adults, including adult education, high school diploma and GED programs, English as a Second Language (ESL) courses, and community enrichment classes.

The Recreation Division has collaborated with the San Mateo Adult and Career Education program to offer adult art programs at the Senior Center and the partnership has strengthened significantly, expanding opportunities for adult learners and demonstrating the shared commitment of both organizations to support community enrichment. Renewing this agreement formalizes and continues the successful partnership between the two government entities, ensuring that community members continue to benefit from high-quality programming supported by shared goals and coordinated services. As with past agreements of this type, City Council approval is required.

BUDGET IMPACT:

Course registration fees paid by participants cover all compensation to the contractor.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
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CITY OF SAN MATEO

STAFF CONTACT
Tracy Brumett, Community Services Section Manager
[email protected]
(650) 522-7443
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0 AGREEMENT WITH SAN MATEO UNION HIGH SCHOOL DISTRICT

FOR RECREATION INSTRUCTOR SERVICES FACILITATED BY SAN MATEO ADULT AND CAREER

EDUCATION
This Agreement is made and entered into this day _______________ by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and San Mateo Union High School District facilitated by San Mateo Adult and Career Education, a Public Educational High School District, whose address is 650 North Delaware Street, San Mateo, CA 94401. ("CONTRACTOR").

RECITALS:

A. CITY desires certain Recreation Instructor Services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these Recreation Instructor Services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.

CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.

CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
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0 SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on ______________and be completed on June 30, 2028.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR an amount not to exceed $25,000, pursuant to rates stated in Exhibit B, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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0 SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. 26 of 976
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0 SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 27 of 976
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0 SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Tracy Brumett
City of San Mateo
330 W. 20th Ave.

San Mateo, CA 94403
To CONTRACTOR: San Mateo Adult and Career Education
Attn: Jeri McGovern
789 East Poplar Ave.

San Mateo, CA 94401
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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0 IN WITNESS WHEREOF, CITY OF SAN MATEO and San Mateo Union High School District have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Joanne Magrini
Parks and Recreation Director
Date Angela Taylor, M.A
Director
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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0 EXHIBIT A

SCOPE OF SERVICES
Contractor Information
The Contractor for this agreement is San Mateo Union High School District, with the main contact being Jeri McGovern from the San Mateo Adult and Career Education program. The district is located at 789 East Poplar Ave., San Mateo, CA 94401. Jeri McGovern can be reached at 650-558-2100 or via email at [email protected].

Instructional Services
The Contractor agrees to provide instructional services for adult programs located at the San Mateo Senior Center, specifically in-person courses, with a minimum enrollment requirement of 8 participants. Drop-in services will not be offered for these programs.

Additional Responsibilities and Terms
a. The Contractor shall cooperate with other City Parks and Recreation programs and exercise reasonable and diligent care to protect City property at all times. b. The Contractor shall hold the class or classes if at least the required minimum number of students have enrolled.
c. The Contractor shall attend required training programs provided by the City’s Parks and Recreation Department and assist with publicity efforts by giving demonstrations or participating in Department shows, fairs, and special events.
d. The Contractor shall not allow any person to participate in the program who is not registered through the Department or a partner city in a jointly offered program. e. The Contractor shall ensure that all participants in City-sponsored programs are registered using a Department standard registration form, which must include the participant’s or their parent/guardian’s signature.
f. The Contractor may only use City-provided participant information for purposes directly related to the participant’s enrollment or participation in the specific activity. The Contractor is prohibited from using this information to contact participants for any other purpose or providing this information to any third-party organization or individual unless specifically approved by the Contractor’s City representative. The Contractor may allow participants, or the parents of minor participants, the opportunity to voluntarily provide their contact information to the Contractor within the classroom setting.
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0 EXHIBIT B

PAYMENT RATES
Payment Rates
For the performance of the instructional services as described in Exhibit A, the Contractor will be compensated as follows:

The rate for in-person or virtual courses held on City property is 70% of the course revenue, less the $5 administrative factor surcharges per registration.

Special Terms
If a course is canceled due to low enrollment, neither the City nor the Contractor will receive any revenue or payment, as all patrons will be refunded 100%.

No make-up classes will be scheduled for this course.

Payment Terms
The Contractor will be paid in one installment at the end of each session, according to the Recreation Production Schedule. Payment will be made within three weeks of the session's conclusion. If a registrant signs up after the class start date or withdraws before it ends, the fees will be prorated, and the Contractor’s payment will also be adjusted accordingly.

Commented [MV1]: Is this correct?
Commented [TB2R1]: yes.
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0 EXHIBIT C

INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain a Certificate of Insurance and endorsements that shows the following coverage:

Low to MediumRisk Activities $1,000,000 each occurrence and $2,000,000 Aggregate Limit Minimum Lectures, Seminars etc.

Music Lessons-Group or Private
Book Club
Adult/Youth Dance and Fitness
Arts and Crafts (not involving heavy machinery or hazardous materials) Learning and Enrichment (Science, cooking, language, etc.) Yoga/Chair Yoga
Other: ________________________
A. Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $1,000,000 per occurrence ($2,000,000 if required above). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

3. Proof of Automobile Insurance for the vehicle the Contractor will use as required by the State of California. If the Contractor’s vehicle changes, it is the Contractor’s responsibility to update the proof of automobile insurance provided to the City.

4. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

X
Commented [MV3]: Does this agreement cover
both types of activities or only Low/Med Risk.

Let's delete anything that does not apply, as
this is going to CC
Commented [TB4R3]: just the low/medium. I
will delete the other side.
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0 Certificate Holder:

City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
B. Insurance Endorsement Requirements:

The CGL policy is to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Endorsement
The City, its elected and appointed officials, employees, and agents are to be covered as additional insureds on the CGL policy 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. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

The Additional Insured Endorsement should be a separate document from the certificate and should indicate: “The City of San Mateo, its elected and appointed officials, employees, and agents are named as additional insured.”

2. Primary & Non-Contributory Endorsement
For any claims related to this contract, the Contractor’s CGL coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or selfinsurance maintained by the City, its elected and appointed officials, employees, or agents shall be in excess of the Contractor’s insurance and shall not contribute with it.

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 City has received a waiver of subrogation endorsement from the insurer.

The Waiver of Transfer (Subrogation) Endorsement should be a separate document from the certificate and should indicate: “The City of San Mateo, its elected and appointed officials, employees, and agents are named as additional insured.”
C. Additional Insurance Information
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be cancelled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
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Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this Exhibit. All certificates and endorsements are to be received and approved by the City before work commences, at least 30 days before programming begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. Failure to provide required insurance documents may result in cancellation or postponement of scheduled programming.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 36 of 976

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 18-6111 File ID: 26-11083 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: May 04, 2026
SUBJECT:

Summer Youth Theater Program — Agreement
RECOMMENDATION:

Approve an agreement with the Bay Area Educational Theater Company to provide youth theater programs as part of the City’s summer camp programming from June 15, 2026, through August 31, 2026, in an amount not to exceed $200,000; and authorize the Director of Parks and Recreation to execute the agreement and approve change orders up to $25,000, in substantially the form presented.

BACKGROUND:

Bay Area Educational Theater Company (ETC) is a local nonprofit organization that provides youth educational and production-based theater experiences. Established in 1996, ETC has partnered with the San Mateo Parks and Recreation Department for more than 20 years to deliver summer theater programs. The organization is known for providing highquality programming and productions and has developed a loyal following among participating families.

The agreement includes two payment components. First, ETC receives 70% of course fee revenues, excluding a $10 per participant administrative fee retained by the City. This revenue split is consistent with typical recreation instructional service agreements in San Mateo and surrounding agencies. Second, registrants are charged an additional materials fee, 100% of which is paid directly to ETC to cover the direct cost of program materials.

ETC is one of four recreation contractors that provide youth theater classes and camps for the San Mateo Parks and Recreation Department. Other contractors include Broadway Babies & Kids, San Carlos Children’s Theater, and Myriad Music.

BUDGET IMPACT:

It is anticipated that gross revenues will be $200,000 including material fees resulting in net revenue to the City of approximately $60,000.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
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CITY OF SAN MATEO

STAFF CONTACT
Tracy Brumett, Community Services Section Manager
[email protected]
(650) 522-7443
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AGREEMENT WITH BAY AREA EDUCATIONAL THEATER COMPANY

FOR RECREATION INSTRUCTOR SERVICES
This Agreement is made and entered into this day _______________ by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and Bay Area Educational Theater Company, a 501(c)(3) ("CONTRACTOR").

R E C I T A L S
A. CITY desires certain instructor services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these instructor services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

Section 1. Scope of Services. CONTRACTOR shall perform the scope of services as described in Exhibit A to this Agreement, which is attached and incorporated by reference.

Section 2. Duties of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. CONTRACTOR shall be responsible for employing or engaging any persons necessary to perform the services of CONTRACTOR. CONTRACTOR agrees to the following provisions:
a. CONTRACTOR shall cooperate with other City parks and recreation programs and at all times to exercise reasonable and diligent care to protect CITY property. b. CONTRACTOR shall hold its planned class or classes if at least the required minimum number of students have enrolled in the course as set forth in Exhibit A. c. CONTRACTOR shall attend required training programs provided by the CITY’s Parks and Recreation Department and to assist with publicity by giving demonstrations or participating in Department shows, fairs and special events.
d. CONTRACTOR shall not allow any person to participate in the program who is not registered either through the Department, or a partner city in a jointly offered program. e. CONTRACTOR shall be responsible for insuring that all participants in City-sponsored programs are registered, and registration shall be done on a Department standard registration form with the participant's or parent/guardian signature.
f. CONTRACTOR may only use City provided participant information for purposes directly related to the participant’s enrollment or participation in the specific activity in which they are enrolled.

CONTRACTOR shall not use this participant information to contact participant for any other purpose and may not provide this information to any third-party organization or individual unless specifically approved by the CONTRACTOR’S city representative. CONTRACTOR may provide participant, or parent of participant, if participant is a minor; the opportunity within the classroom setting to voluntarily provide their contact information to CONTRACTOR for other purposes.
g. CONTRACTOR shall obtain a business license from the City in accordance with San Mateo 39 of 976
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Municipal Code Chapter 5.06
h. CONTRACTOR shall utilize the ePACT Network to securely maintain youth enrollment and emergency information and to manage sign-in and sign-out processes, including authorized pickups.

Section 3. Duties of City. CITY shall assist in providing or arranging for the location, registration, direction and supervision of the instructive services to be provided. CITY will provide Contractor complete class lists prior to the start of each teaching session.

Section 4. Term. The services to be performed under this Agreement shall commence on ___________ and be completed on August 31, 2026.

Section 5. Payment. CITY shall compensate CONTRACTOR an amount not to exceed $200,000 as set forth in Exhibit A to the Agreement, attached and incorporated by reference.

Section 6. Termination. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement for any reason or without cause upon written notice.

Payment will be given for services rendered prior to termination. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

Section 7. Interest of Contractor. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

Section 8. Contractor’s Status. CONTRACTOR shall at all times be considered an independent contractor under this Agreement as defined in Labor Code Section 3353. CITY will exercise no control over the means by which CONTRACTOR performs the services set forth in Exhibit A. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

Section 9. Indemnity. CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONTRACTOR’s duty to indemnify shall survive expiration or early termination of this Agreement.

Section 10. Insurance. CONTRACTOR shall provide and maintain a Certificate of Insurance and an Endorsement that satisfies the insurance requirements set forth in Exhibit B.

Section 11. Nonassignability. Both parties hereto recognize that this Agreement is for the services of CONTRACTOR and cannot be transferred or assigned by CONTRACTOR without the prior written consent of CITY.

Section 12. Waivers. The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. 40 of 976
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Section 13. Adherence to Laws, Statutes, Ordinances and Regulations. CONTRACTOR agrees to adhere to any and all laws, statutes, ordinances and regulations in the performance of this Agreement, including but not limited to adherence with the Americans with Disabilities Act and any anti-discrimination or harassment laws and regulations. CONTRACTOR agrees to abide and adhere to the City of San Mateo Municipal Code.

Section 14. Fingerprinting. CONTRACTOR, including contractors who do not work with minors, shall comply with the fingerprinting requirements set forth in Education Code Section 10911.5. If CONTRACTOR is an organization and not an individual, CONTRACTOR shall:
a. Confirm, before instruction begins and throughout the term of this contract, that none of its employees or subcontractors have been convicted of any of the offenses specified in Public Resources Code 5164; b. Maintain a “Contract for Subsequent Arrest Notification” with the Department of Justice so that CONTRACTOR will be notified by the DOJ of any employees or subcontractors who become disqualified subsequent to their initial clearance; and
c. Immediately discontinue use of and notify the CONTRACTOR’S city representative if any of CONTRACTOR’s staff that have already worked or are working with minors in programs as part of this Agreement are determined to be in violation of Education Code 10911.5 or have been convicted of any of the offenses specified in Public Resources Code 5164.

Section 15. Mandated Reporter. If CONTRACTOR will work with minors, CONTRACTOR shall comply with the mandated reporting requirements of Penal Code Sections 11164 et seq. If CONTRACTOR works with seniors or dependent adults, CONTRACTOR must comply with Welfare and Institutions Code Sections 15630.

Section 16. National Abuse Registry Checks. No person who is listed on the National Abuse Registry (https://www.nsopw.gov/) may work with minors in any capacity for the City. By entering into this Agreement, CONTRACTOR represents and warrants that they are not listed on the National Abuse Registry Check. If Contractor is an organization and not an individual, CONTRACTOR represents and warrants that none of its employees, subcontractors, agents, or volunteers are listed on the National Abuse Registry.

Section 17. Tuberculosis Testing. If CONTRACTOR will work with minors, CONTRACTOR shall comply with Public Resources Code Section 5163 and shall submit a TB certificate providing proof of a negative test within the previous two years to the Department. Thereafter, CONTRACTOR agrees to file a new TB certificate at least within four years of the prior certification.

Section 18. Satisfaction Guarantee. CONTRACTOR agrees that no payment shall be received if a participant withdraws from a class under the Satisfaction Guarantee policy. In accordance with the Satisfaction Guarantee policy, any participant who is dissatisfied may request a 100% refund and neither the CITY nor the CONTRACTOR will receive revenue/payment.

Section 19. Intellectual Property. CONTRACTOR represents and warrants to CITY that neither CONTRACTOR, in performing services under this Agreement, nor any of the materials to be used by CONTRACTOR in the performance of services will infringe upon or violate the copyright, trademark or proprietary rights of any person whomsoever. CONTRACTOR further represents and warrants to CITY that CONTRACTOR will not use any trade secret or confidential proprietary information owned by any third party in performing services under this Agreement. CONTRACTOR agrees to indemnify, defend and hold CITY harmless from any suit, demand, or claim made again CITY based on violation of copyright, trademark or proprietary _____
Initial
_____
Initial
_____
Initial
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infringement, and CONTRACTOR further agrees to pay any judgment or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any reasonable attorney’s fees incurred by CITY in defending against such suit, demand, or claim. The obligations set forth in this special provision shall survive termination or expiration of this Agreement.

If CONTRACTOR provides services on City property, the CITY agrees to provide a site license from one or more of the music license companies to allow CONTRACTOR to use copyrighted music within the context of providing the services outlined in Exhibit A.

Section 20. Mediation. CITY and CONTRACTOR agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.

Section 21. Notices. All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Joanne Magrini
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONTRACTOR: Bay Area Educational Theater Company
Attn: Scott Urman
1030 Terminal Way
San Carlos, CA 94070

Section 22. Agreement Contains All Understandings; Amendment. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

Section 23. Governing Law and Venue. This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
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CITY OF SAN MATEO CONTRACTOR
Joanne Magrini
Director, Parks & Recreation
Date Scott Urman
President
Bay Area Educational Theater
Company
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope Of Instructional Services And Payment Schedule Exhibit B: Insurance Requirements
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EXHIBIT A

SCOPE OF INSTRUCTIONAL SERVICES

AND PAYMENT SCHEDULE

1. Contractor Information
Contractor Name Bay Area Educational Theater Company
Main Contact Scott Urman
Address 1030 Terminal Way, San Carlos, CA 94070
Phone #1 650.867.4856 Phone #2
Email Address [email protected]

2. Agreement Term
From: To: August 31, 2026

3. Instructional Services -
CONTRACTOR shall provide in-person instructional camp programming, rehearsals, and performances as approved by the City of San Mateo Parks and Recreation Department, including instructional activities, rehearsals, and scheduled performances associated with the program.

Saturday performances are an integral component of the instructional program and are included within the scope of services under this Agreement.

4. Facility Use and Responsibilities

4.1 Facility Secured by City
• The City shall secure use of a facility with the San Mateo–Foster City School District for the duration of the program.
• The primary facility will be the Bayside Performing Arts Center. • If the Bayside Performing Arts Center is unavailable and the School District assigns an alternate facility, facility rental costs will be shared as follows:
 The City will cover 30% of the rental cost, up to a maximum of $15,000.  Bay Area Educational Theater will be responsible for the remaining 70% of the rental cost.

4.2 Facility Access and Security
• CONTRACTOR shall be responsible for the daily securing of the facility, using keys provided to the City by the School District.
• CONTRACTOR shall be issued two (2) sets of facility keys (or other quantity as determined by the City) for use during the program term.
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• CONTRACTOR shall be financially responsible for any fees assessed by the School District for lost, stolen, or unreturned keys while such keys are in the CONTRACTOR’s possession.

4.3 Facility Walkthrough
• Prior to the transfer of keys, CONTRACTOR agrees to meet with City staff for a facility walkthrough to review access procedures, facility rules, and expectations.

5. Custodial Services
• The City shall provide custodial services for the facility as follows:
 Weekday Programming: Approximately 8–9 hours per week of custodial services.  Saturday Performances: An additional 3.5 hours of custodial services on scheduled performance days.
• Custodial services shall include pre- and post-use cleaning and support necessary for instructional activities and performances.

6. Equipment Provided by City
• The City shall provide the following equipment for use during the duration of the program:
 Two (2) electronic keyboards
 Two (2) keyboard stands

7. Instructional Terms – For the performance of instructional services listed in Section 3, the CITY will compensate the CONTRACTOR as follows:

Select
One Rate Type
x 70 % Of in-person and/or virtual courses held on CITY property less the administrative factor surcharges. Total amount paid to Contractor shall not exceed $200,000 for both sessions. % Of in-person and/or virtual courses held off CITY property less the administrative factor surcharges, $10 per registration.

Other (described):

8. Materials Terms: CONTRACTOR shall purchase, obtain, and provide all class materials at the CONTRACTOR’S expense except as described below:

Select
One Rate per participant Type
x Varies
$ Added to course fee and paid in full to Contractor.

Material rates per participant varies with mutual
agreement between Contractor and City.
$

9. Special Terms
a. COURSE CANCELLATION: If course is cancelled due to low enrollment, neither City 46 of 976
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nor Contractor will receive revenue/payment due to patrons being refunded 100%. Refer to Independent Contractor Handbook.
b. CLASS CANCELLATION: Make-up classes will be held at the discretion of the Parks and Recreation Department.
c. CONTRACTORS unless otherwise agreed, agrees to use Zoom for virtual classes and must adhere to the security settings required by the City of San Mateo IT department. d. The parties acknowledge that Saturday performances are part of the instructional program and may occur outside of typical class or camp hours. e. Facility use, custodial services, and equipment associated with Saturday performances are included in this Exhibit A.
f. All services are subject to facility availability and School District requirements.

10. Payment Terms – CONTRACTOR shall be paid upon the following basis:
a. Session 1 ends on July 10, 2026, and session 2 ends on July 31, 2026. Payment of the amount due for each session will be paid to the CONTRACTOR within three (3) weeks of the end of the session.
b. CONTRACTOR understands that fees for registrants signing up for a class after the start date or withdrawing from a class before the end date may result in pro-rated fees. Compensation paid to Contractors shall reflect prorated amounts.

EXHIBIT B

INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain a Certificate of Insurance and endorsements that shows the 47 of 976
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following coverage:

X
Low to Medium-Risk
Activities
$1,000,000 each occurrence and
$2,000,000 Aggregate Limit Minimum
Lectures, Seminars etc.

If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

Certificate Holder:

City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
B. Insurance Endorsement Requirements:

The CGL policy is to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Endorsement
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The City, its elected and appointed officials, employees, and agents are to be covered as additional insureds on the CGL policy 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. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

2. Primary & Non-Contributory Endorsement
For any claims related to this contract, the Contractor’s CGL coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Waiver of Transfer (Subrogation) Endorsement
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City 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 City has received a waiver of subrogation endorsement from the insurer.

The Waiver of Transfer (Subrogation) Endorsement should be a separate document from the certificate and should indicate: “The City of San Mateo, its elected and appointed officials, employees, and agents are named as additional insured.” C. Additional Insurance Information
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be cancelled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this Exhibit. All certificates and endorsements are to be received and approved by the City before work commences, at least 30 days before programming begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. Failure to provide required insurance documents may result in cancellation or postponement of scheduled programming.
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The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 50 of 976

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 26-10986 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 4, 2026
SUBJECT:

On-Call Design Professional Services — Agreements
RECOMMENDATION:

Approve agreements for on-call professional design services agreements through December 31, 2029, with: Hilliard Architects for Americans with Disabilities Act (ADA) services in an amount not to exceed $120,000; Kier + Wright Civil Engineers + Surveyors, Inc. for surveying services in an amount not to exceed $175,000; HDR Engineering, Inc. for civil design services in an amount not to exceed $750,000; Kimley-Horn and Associates, Inc. for civil design services in an amount not to exceed $750,000; MNS Engineers, Inc. for civil design services in an amount not to exceed $750,000; Nichols Consulting Engineers, Chtd. for civil design services in an amount not to exceed $750,000; CSWST2 for stormwater design services in an amount not to exceed $750,000; Freyer & Laureta, Inc. for stormwater design services in an amount not to exceed $750,000; HDR Engineering, Inc. for stormwater design services in an amount not to exceed $750,000; Nichols Consulting Engineers, Chtd. For stormwater design services in an amount not to exceed $750,000; and Schaaf & Wheeler for stormwater design services in an amount not to exceed $750,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and execute any future no-cost amendments.

BACKGROUND:

On December 3, 2025, the Department of Public Works issued a request for proposals (RFP) to select qualified firms to provide on-call professional consulting services for accessibility-related services, surveying services, civil design services, and stormwater design services. These consultant services are needed to support the City in managing and implementing capital improvement projects and other departmental issues.

The City received a total of thirty-two (32) proposals and evaluated the proposals based on qualifications such as the firms’ understanding of the projects, experience with similar work, and the technical qualifications of key staff. The on-call consulting firms recommended by staff for each specialization, along with their respective recommended agreement amounts, are summarized in the accompanying table. The not-to-exceed contract amounts for each consultant are based on the type of services to be provided and the estimated level of effort required.

Consultant Service Award Amount Not
to Exceed Duration
Hilliard Architects ADA $120,000 3 years
Kier + Wright Civil Engineers + Surveyors, Inc. Survey $175,000 3 years HDR Engineering, Inc. Civil Design $750,000 3 years
Kimley-Horn and Associates, Inc. Civil Design $750,000 3 years MNS Engineers, Inc. Civil Design $750,000 3 years
Nichols Consulting Engineers, Chtd. Civil Design $750,000 3 years 51 of 976

CITY OF SAN MATEO
CSWST2 Stormwater Design $750,000 3 years
Freyer & Laureta Stormwater Design $750,000 3 years
HDR Engineering, Inc. Stormwater Design $750,000 3 years Nichols Consulting Engineers, Chtd. Stormwater Design $750,000 3 years Schaaf & Wheeler Stormwater Design $750,000 3 years
The proposed terms of the agreements are through December 31, 2029, unless amended. Staff will issue task orders based on team availabilities and will solicit proposals, as appropriate, and develop specific project task orders, scopes of work, and budgets with each firm for work efforts performed as part of the on-call services and recommends Council approve the agreements.

BUDGET IMPACT:

Each consultant will be issued a blanket purchase order in the specified not-to-exceed amount as listed above. Individual project budgets will fund work under the respective task orders within the project’s funding availability.

ENVIRONMENTAL DETERMINATION:

This Council action in approving various professional on-call agreements is not a project subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).) Each individual project assigned, which an on-call consultant will be tasked to work on, will be individually evaluated under CEQA.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement (Hilliard Architects) – ADA
Att 2 – Agreement (Kier + Wright Civil Engineers + Surveyors, Inc.) – Surveying Att 3 – Agreement (HDR Engineering, Inc.) – Civil Design Att 4 – Agreement (Kimley-Horn and Associates, Inc.) – Civil Design Att 5 – Agreement (MNS Engineers, Inc.) – Civil Design
Att 6 – Agreement (Nichols Consulting Engineers, Chtd.) – Civil Design Att 7 – Agreement (CSWST2) – Stormwater Design
Att 8 – Agreement (Freyer & Laureta, Inc.) – Stormwater Design Att 9 – Agreement (HDR Engineering, Inc.) – Stormwater Design Att 10 – Agreement (Nichols Consulting Engineers, Chtd.) – Stormwater Design Att 11 – Agreement (Schaaf & Wheeler) – Stormwater Design

STAFF CONTACT
Dominic Boneno, Associate Engineer
[email protected]
(650) 522-7341
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AGREEMENT WITH HILLIARD ARCHITECTS

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL ADA SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Hilliard Architects, a corporation, (“CONSULTANT”), whose address is 7318 N Dewey Avenue, Fresno, CA 93711.:

RECITALS:

A. CITY desires certain on-call Americans with Disabilities (ADA) services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these on-call ADA services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement are for on-call design professional services and are as described in Exhibit A to this Agreement, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $120,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. 54 of 976
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation. 55 of 976
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 – SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 56 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Hilliard Architects
Attn: Lark Hilliard
7318 N Dewey Avenue
Fresno, CA 93711
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Lark Hilliard
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #1 – ADA Services
Requested tasks may include, but are not limited to, the following:
• Review and make recommendations to the City about ADA Title II legislative policy and advise the City on upcoming accessibility regulations and requirements. • Review and provide recommendations on a project-by-project basis, including providing input on project scope requirements, plans, specifications, and costs. Types of projects may include, but not be limited to, facilities improvements, master planning efforts, and flatwork improvements. • Identify opportunities to improve pedestrian mobility and safety, including crosswalk enhancements, curb extensions, and traffic calming measures as requested by the City. • Assist the City in developing responses to accessibility accommodation requests and complaints. • Provide technical assistance on local, state, and federal requirements and best practices as requested.
• Perform other ADA project-related services as requested by the City. 62 of 976
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 66 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.

CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 67 of 976
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AGREEMENT WITH KIER + WRIGHT CIVIL ENGINEERS + SURVEYORS, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL SURVEY SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Kier + Wright Civil Engineers + Surveyors, Inc., a corporation, (“CONSULTANT”), whose address is 3350 Scott Boulevard, Building 22, Santa Clara, CA 95054:

RECITALS:

A. CITY desires certain on-call survey services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these on-call survey services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 68 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $175,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any 70 of 976
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applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 71 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Kier + Wright Civil Engineers +
Surveyors, Inc.

Attn: Kelly Johnson
3350 Scott Boulevard, Building 22
Santa Clara, CA 95054
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Ryan Amaya
Its Authorized Agent
Vice President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Emad Sarieddine
Chief Operating Officer
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #2 – Survey Services
Requested tasks may include, but are not limited to, the following:
• Topographic and boundary surveys
o Establish horizontal and vertical control networks tied to City benchmarks. o Perform boundary and right-of-way determinations, including determining property lines, easements, and encroachments.
o Prepare or review legal descriptions and plats as needed. o Obtain and review title reports to determine ownership. • Existing conditions surveys
o Survey existing hardscape, trees, utility boxes, drain inlet rim elevations (including nearest inlet on each approach), and other features.
o Survey private property improvements within project scope (driveways, patios, stairways, walkways, etc.).
o Collect invert elevations of all underground utilities within project limits. • Utility and Subsurface Surveys
o Locate visible utilities and coordinate with Subsurface Utility Engineering (SUE) providers for subsurface investigations.
o Provide survey support for utility potholing.
• Deliverables
o Provide survey base maps in AutoCAD Civil 3D (2018 or older). o Provide data in GIS-compatible format as required by City. o Deliver survey reports, point files, and digital terrain models (DTMs). • Construction Support Services
o Provide construction staking and layout for improvements. o Perform as-built surveys and prepare record drawings. o Verify grades, alignments, and conformance with design plans. • All surveys shall be signed and sealed by a Licensed Professional Land Surveyor (PLS) registered in the State of California.
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 81 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 82 of 976
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AGREEMENT WITH HDR ENGINEERING, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL CIVIL DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and HDR Engineering, Inc., a corporation, (“CONSULTANT”), whose address is 3945 Freedom Circle, Santa Clara, CA 95054:

RECITALS:

A. CITY desires certain on-call civil design services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these on-call civil design services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 83 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. CITY shall pay all undisputed amounts within 30 days following receipt of CONSULTANT’s payment request. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $750,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Any modification or reuse of such documents for purposes other than those intended by this Agreement shall be at CITY’s sole risk and without liability to CONSULTANT.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. 84 of 976
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work with the care and skill ordinarily used by members of CONSULTANT’s profession practicing under the same or similar circumstances at the same locality, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 86 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: HDR Engineering, Inc.

Attn: Lesley Brooks
3945 Freedom Circle
Santa Clara, CA 95054
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 25 - COST ESTIMATES
Any cost estimates or opinions of probable project/construction cost provided by CONSULTANT are made on the basis of information available to CONSULTANT and on the basis of CONSULTANT’s experience and qualifications, and represents its judgement as an experienced and qualified professional engineer. However, since CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the construction contractors’ methods of determining prices, or over competitive bidding or market conditions, CONSULTANT does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost CONSULTANT prepares.
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Elizabeth Mesbah
Its Authorized Agent
Vice President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Vikrant Sanghai
Vice President
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #3 – Civil Design Services
The tasks may include, but are not limited to, the following:
• Design Packages (Plans, Specifications and Estimates) o Preliminary Roadway Design (30%), which may include:
▪ Title Sheet and Project Location Map
▪ Typical Sections showing proposed pavement structure
▪ Preliminary roadway alignment and profiles
▪ Identification of major design constraints and conflicts (utilities, ROW, drainage) ▪ Conceptual grading and drainage approach
▪ Preliminary utility layout (based on available SUE information) ▪ Conceptual landscape and lighting layouts
▪ Preliminary engineer’s opinion of probable construction cost ▪ Special consideration: engineering mitigations for roadways underlain by Bay Mud o Intermediate Roadway Design Submittals (60% and 90%)
▪ Prepare detailed plans and specifications at the 60% and 90% design stages. ▪ Incorporate City staff comments from prior reviews into each successive submittal. ▪ Plan sets shall include (at a minimum) all the items required in the 30% submittal mentioned above as well as more detailed (where applicable): Typical Sections, Existing Conditions, Demolition, Roadway Plan and Profile, Grading, Storm Sewer, Utilities (including SUE), Landscape, Lighting, Electrical, Traffic Signal, Signing and Striping, and Construction Details. ▪ A cost estimate shall be provided at each submittal phase. o Final Design (100%)
▪ Submit signed and sealed final plans and specifications. ▪ Provide a final construction cost estimate based on recent bid data from Caltrans, City of San Mateo, and other Bay Area municipalities.
▪ Deliver a complete bid-ready package suitable for advertisement, including technical specifications.
• Lighting Design
o Perform photometric analysis as requested by the City. o Design pedestrian and street lighting systems, including fixture placement, conduit and wiring alignment/sizing, and load calculations.
o Fixtures shall comply with the City’s standard fixture and spacing requirements. • Landscape Design
o Prepare final landscaping plans for areas between curb and sidewalk and areas behind sidewalks. o Plans shall include details for tree planting, ground cover, mulch, irrigation, pavers, and other related items necessary to complete the landscaped areas. 92 of 976
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• Coordination and Standards
o Ensure all plans are consistent and coordinated across disciplines (roadway, utilities, landscape, lighting).
o Designs shall conform to current City standards, details, and specifications unless otherwise directed.
• Intersection Design
o Develop conceptual and preliminary layouts showing proposed lane configurations, signalization, and intersection geometry.
o Design modifications may include adding lanes, widening, turn lane adjustments, or realignment as needed.
o Prepare detailed plans, profiles, and cross-sections for the final design. o New and modified traffic signal, signing/striping, signal communications, and temporary traffic control plans design
• Pedestrian and Bicycle Infrastructure Designs
o Design improvements to enhance pedestrian walkability, including but not limited to, sidewalks, high-visibility crosswalks, ADA-compliant curb ramps, and pedestrian refuge islands in compliance with current City and ADA standards.
o Identify and design appropriate bicycle accommodations (e.g., bike lanes, shared-use paths, signage, and markings) where applicable, in accordance with City standards and relevant design guidelines (e.g., NACTO, AASHTO).
• Engineering Design Services During Construction
o Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. o Prepare record “as-built” drawings following the completion of the project construction. o Attend project meetings as necessary.
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as additional insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 97 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. In the event of a claim, the City reserves the right to require complete, certified redacted copies of all required insurance policies, including endorsements required by these specifications.
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AGREEMENT WITH KIMELY-HORN AND ASSOCIATES, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL CIVIL DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Kimley-Horn and Associates, Inc., a corporation, (“CONSULTANT”), whose address is 3 E 3 rd Avenue, San Mateo, CA 94401:

RECITALS:

A. CITY desires certain on-call civil design services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 99 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $750,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any 101 of 976
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applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 102 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Kimley-Horn and Associates, Inc.

Attn: Jonh Pulliam
3 E 3rd Avenue
San Mateo, CA 94401
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date John Pulliam
Its Authorized Agent
Principal-in-Charge/Associate
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date <Insert Name>
<Insert Title>
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #3 – Civil Design Services
The tasks may include, but are not limited to, the following:
• Design Packages (Plans, Specifications and Estimates) o Preliminary Roadway Design (30%), which may include:
▪ Title Sheet and Project Location Map
▪ Typical Sections showing proposed pavement structure
▪ Preliminary roadway alignment and profiles
▪ Identification of major design constraints and conflicts (utilities, ROW, drainage) ▪ Conceptual grading and drainage approach
▪ Preliminary utility layout (based on available SUE information) ▪ Conceptual landscape and lighting layouts
▪ Preliminary engineer’s opinion of probable construction cost ▪ Special consideration: engineering mitigations for roadways underlain by Bay Mud o Intermediate Roadway Design Submittals (60% and 90%)
▪ Prepare detailed plans and specifications at the 60% and 90% design stages. ▪ Incorporate City staff comments from prior reviews into each successive submittal. ▪ Plan sets shall include (at a minimum) all the items required in the 30% submittal mentioned above as well as more detailed (where applicable): Typical Sections, Existing Conditions, Demolition, Roadway Plan and Profile, Grading, Storm Sewer, Utilities (including SUE), Landscape, Lighting, Electrical, Traffic Signal, Signing and Striping, and Construction Details. ▪ A cost estimate shall be provided at each submittal phase. o Final Design (100%)
▪ Submit signed and sealed final plans and specifications. ▪ Provide a final construction cost estimate based on recent bid data from Caltrans, City of San Mateo, and other Bay Area municipalities.
▪ Deliver a complete bid-ready package suitable for advertisement, including technical specifications.
• Lighting Design
o Perform photometric analysis as requested by the City. o Design pedestrian and street lighting systems, including fixture placement, conduit and wiring alignment/sizing, and load calculations.
o Fixtures shall comply with the City’s standard fixture and spacing requirements. • Landscape Design
o Prepare final landscaping plans for areas between curb and sidewalk and areas behind sidewalks. o Plans shall include details for tree planting, ground cover, mulch, irrigation, pavers, and other related items necessary to complete the landscaped areas. 107 of 976
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• Coordination and Standards
o Ensure all plans are consistent and coordinated across disciplines (roadway, utilities, landscape, lighting).
o Designs shall conform to current City standards, details, and specifications unless otherwise directed.
• Intersection Design
o Develop conceptual and preliminary layouts showing proposed lane configurations, signalization, and intersection geometry.
o Design modifications may include adding lanes, widening, turn lane adjustments, or realignment as needed.
o Prepare detailed plans, profiles, and cross-sections for the final design. o New and modified traffic signal, signing/striping, signal communications, and temporary traffic control plans design
• Pedestrian and Bicycle Infrastructure Designs
o Design improvements to enhance pedestrian walkability, including but not limited to, sidewalks, high-visibility crosswalks, ADA-compliant curb ramps, and pedestrian refuge islands in compliance with current City and ADA standards.
o Identify and design appropriate bicycle accommodations (e.g., bike lanes, shared-use paths, signage, and markings) where applicable, in accordance with City standards and relevant design guidelines (e.g., NACTO, AASHTO).
• Engineering Design Services During Construction
o Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. o Prepare record “as-built” drawings following the completion of the project construction. o Attend project meetings as necessary.
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 112 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 113 of 976
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AGREEMENT WITH MNS ENGINEERS, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL CIVIL DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and MNS Engineers, Inc., a corporation, (“CONSULTANT”), whose address is 201 N. Calle Cesar Chavez, Suite 300, Santa Barbara, CA 93103:

RECITALS:

A. CITY desires certain on-call civil design services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 114 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $750,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 7 - OWNERSHIP OF DOCUMENTS
Except for CONSULTANT’S pre-existing intellectual property, including but not limited to concepts, data, materials, and standard details, all documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. CITY agrees that use of CONSULTANT’S work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’S own risk.
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work consistent with skill and care ordinarily employed by CONSULTANT’s like profession in the same project at the same time and locality (Standard of Care), and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 117 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: MNS Engineers, Inc.

Attn: Michael Ip
2025 Gateway Place, Suite 328
San Jose, CA 95110
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Shawn Kowalewski
Its Authorized Agent
Vice President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Brandon Reyes
Vice President
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #3 – Civil Design Services
The tasks may include, but are not limited to, the following:
• Design Packages (Plans, Specifications and Estimates) o Preliminary Roadway Design (30%), which may include:
▪ Title Sheet and Project Location Map
▪ Typical Sections showing proposed pavement structure
▪ Preliminary roadway alignment and profiles
▪ Identification of major design constraints and conflicts (utilities, ROW, drainage) ▪ Conceptual grading and drainage approach
▪ Preliminary utility layout (based on available SUE information) ▪ Conceptual landscape and lighting layouts
▪ Preliminary engineer’s opinion of probable construction cost ▪ Special consideration: engineering mitigations for roadways underlain by Bay Mud o Intermediate Roadway Design Submittals (60% and 90%)
▪ Prepare detailed plans and specifications at the 60% and 90% design stages. ▪ Incorporate City staff comments from prior reviews into each successive submittal. ▪ Plan sets shall include (at a minimum) all the items required in the 30% submittal mentioned above as well as more detailed (where applicable): Typical Sections, Existing Conditions, Demolition, Roadway Plan and Profile, Grading, Storm Sewer, Utilities (including SUE), Landscape, Lighting, Electrical, Traffic Signal, Signing and Striping, and Construction Details. ▪ A cost estimate shall be provided at each submittal phase. o Final Design (100%)
▪ Submit signed and sealed final plans and specifications. ▪ Provide a final construction cost estimate based on recent bid data from Caltrans, City of San Mateo, and other Bay Area municipalities.
▪ Deliver a complete bid-ready package suitable for advertisement, including technical specifications.
• Lighting Design
o Perform photometric analysis as requested by the City. o Design pedestrian and street lighting systems, including fixture placement, conduit and wiring alignment/sizing, and load calculations.
o Fixtures shall comply with the City’s standard fixture and spacing requirements. • Landscape Design
o Prepare final landscaping plans for areas between curb and sidewalk and areas behind sidewalks. o Plans shall include details for tree planting, ground cover, mulch, irrigation, pavers, and other related items necessary to complete the landscaped areas. 123 of 976
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• Coordination and Standards
o Ensure all plans are consistent and coordinated across disciplines (roadway, utilities, landscape, lighting).
o Designs shall conform to current City standards, details, and specifications unless otherwise directed.
• Intersection Design
o Develop conceptual and preliminary layouts showing proposed lane configurations, signalization, and intersection geometry.
o Design modifications may include adding lanes, widening, turn lane adjustments, or realignment as needed.
o Prepare detailed plans, profiles, and cross-sections for the final design. o New and modified traffic signal, signing/striping, signal communications, and temporary traffic control plans design
• Pedestrian and Bicycle Infrastructure Designs
o Design improvements to enhance pedestrian walkability, including but not limited to, sidewalks, high-visibility crosswalks, ADA-compliant curb ramps, and pedestrian refuge islands in compliance with current City and ADA standards.
o Identify and design appropriate bicycle accommodations (e.g., bike lanes, shared-use paths, signage, and markings) where applicable, in accordance with City standards and relevant design guidelines (e.g., NACTO, AASHTO).
• Engineering Design Services During Construction
o Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. o Prepare record “as-built” drawings following the completion of the project construction. o Attend project meetings as necessary.
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Required limit may be satisfied either by a standalone policy or in combination with excess/umbrella policy.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice 128 of 976
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of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 129 of 976
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AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, CHTD.

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL CIVIL DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Nichols Consulting Engineers, Chtd., a corporation, (“CONSULTANT”), whose address is 1003 W. Cutting Boulevard, Suite 110, Richmond, CA 94804:

RECITALS:

A. CITY desires certain on-call civil design services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 130 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $750,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any 132 of 976
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applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 133 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Nichols Consulting Engineers, Chtd.

Attn: J. Ryan Shafer
1003 W. Cutting Boulevard, Suite 110
Richmond, CA 94804
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Margot Yapp
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #7 – Stormwater Design Services
The tasks may include, but are not limited to, the following:
• Design of planned stormwater capital improvement projects described in the current Storm Drain Master Plan (note: an updated Storm Drain Master Plan is planned to be published in 2026)
o Preparation of plans, specifications, and estimates for channel and creek improvements, catch basins (including details for roadway, sidewalk, curb and gutter conforming to City standards), and other stormwater conveyance infrastructure
o Data Collection and verification of existing conditions o Subsurface utility coordination
o Hydrologic and Hydraulic Analysis
▪ Review newly developed City of San Mateo hydrological model ▪ Perform hydraulic modeling of storm drain systems, culverts, channels, and pump station o Hydraulic Reports & Technical Documentation Development o Environmental and Permitting Support
▪ Provide technical input for CEQA/NEPA documentation.
▪ Prepare permit application materials for regulatory agencies (RWQCB, USACE, CDFW, etc.). o Construction Support Services
▪ Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. ▪ Prepare record “as-built” drawings following the completion of the project construction. ▪ Attend project meetings as necessary.
• Stormwater Treatment and Green Infrastructure Design
o Development of on-site facilities and roadway site improvements in compliance with C.3 requirements for the City
o Development of stormwater pollution prevention plans
o Stormwater regulatory compliance assistance
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EXHIBIT B

PAYMENT RATES
TERMS
Billings are payable upon presentation and are past-due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law will be charged on past-due accounts. 140 of 976
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 143 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 144 of 976
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AGREEMENT WITH CSWST2

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL STORMWATER DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and CSWST2, a corporation, (“CONSULTANT”), whose address is 303 Twin Dolphin Drive Redwood Shores, 6th Floor, Redwood City, CA 94065:

RECITALS:

A. CITY desires certain on-call stormwater design services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these on-call stormwater design services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 145 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $750,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any 147 of 976
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applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 148 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: CSWST2
Attn: Julia Harberson
303 Twin Dolphin Drive Redwood
Shores
6 th Floor
Redwood City, CA 94065
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Robert Stevens
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #7 – Stormwater Design Services
The tasks may include, but are not limited to, the following:
• Design of planned stormwater capital improvement projects described in the current Storm Drain Master Plan (note: an updated Storm Drain Master Plan is planned to be published in 2026)
o Preparation of plans, specifications, and estimates for channel and creek improvements, catch basins (including details for roadway, sidewalk, curb and gutter conforming to City standards), and other stormwater conveyance infrastructure
o Data Collection and verification of existing conditions o Subsurface utility coordination
o Hydrologic and Hydraulic Analysis
▪ Review newly developed City of San Mateo hydrological model ▪ Perform hydraulic modeling of storm drain systems, culverts, channels, and pump station o Hydraulic Reports & Technical Documentation Development o Environmental and Permitting Support
▪ Provide technical input for CEQA/NEPA documentation.
▪ Prepare permit application materials for regulatory agencies (RWQCB, USACE, CDFW, etc.). o Construction Support Services
▪ Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. ▪ Prepare record “as-built” drawings following the completion of the project construction. ▪ Attend project meetings as necessary.
• Stormwater Treatment and Green Infrastructure Design
o Development of on-site facilities and roadway site improvements in compliance with C.3 requirements for the City
o Development of stormwater pollution prevention plans
o Stormwater regulatory compliance assistance
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 158 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 159 of 976
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AGREEMENT WITH FREYER & LAURETA, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL STORMWATER DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Freyer & Laureta, Inc., a corporation (“CONSULTANT”), whose address is 150 Executive Park Boulevard, Suite 4200, San Francisco, CA 93134:

RECITALS:

A. CITY desires certain on-call stormwater design services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 160 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $750,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any 162 of 976
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applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 163 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Freyer & Laureta, Inc.

Attn: Jeffrey J. Tarantino
150 Executive Park Boulevard
Suite 4200
San Francisco, CA 94134
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Jeffrey J. Tarantino
Its Authorized Agent
Executive Vice President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Rich Laureta
President
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #7 – Stormwater Design Services
The tasks may include, but are not limited to, the following:
• Design of planned stormwater capital improvement projects described in the current Storm Drain Master Plan (note: an updated Storm Drain Master Plan is planned to be published in 2026)
o Preparation of plans, specifications, and estimates for channel and creek improvements, catch basins (including details for roadway, sidewalk, curb and gutter conforming to City standards), and other stormwater conveyance infrastructure
o Data Collection and verification of existing conditions o Subsurface utility coordination
o Hydrologic and Hydraulic Analysis
▪ Review newly developed City of San Mateo hydrological model ▪ Perform hydraulic modeling of storm drain systems, culverts, channels, and pump station o Hydraulic Reports & Technical Documentation Development o Environmental and Permitting Support
▪ Provide technical input for CEQA/NEPA documentation.
▪ Prepare permit application materials for regulatory agencies (RWQCB, USACE, CDFW, etc.). o Construction Support Services
▪ Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. ▪ Prepare record “as-built” drawings following the completion of the project construction. ▪ Attend project meetings as necessary.
• Stormwater Treatment and Green Infrastructure Design
o Development of on-site facilities and roadway site improvements in compliance with C.3 requirements for the City
o Development of stormwater pollution prevention plans
o Stormwater regulatory compliance assistance
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 173 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 174 of 976
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AGREEMENT WITH HDR ENGINEERING, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL STORMWATER DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and HDR Engineering, Inc., a corporation, (“CONSULTANT”), whose address is 3945 Freedom Circle, Santa Clara, CA 95054:

RECITALS:

A. CITY desires certain on-call stormwater design services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 175 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. 176 of 976
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work with the care and skill ordinarily used by members of CONSULTANT’s profession practicing under the same or similar circumstances at the same locality, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 178 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: HDR Engineering, Inc.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 25 - COST ESTIMATES
Any cost estimates or opinions of probable project/construction cost provided by CONSULTANT are made on the basis of information available to CONSULTANT and on the basis of CONSULTANT’s experience and qualifications, and represents its judgement as an experienced and qualified professional engineer. However, since CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the construction contractors’ methods of determining prices, or over competitive bidding or market conditions, CONSULTANT does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost CONSULTANT prepares.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Vikrant Sanghai
Vice President
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #7 – Stormwater Design Services
The tasks may include, but are not limited to, the following:
• Design of planned stormwater capital improvement projects described in the current Storm Drain Master Plan (note: an updated Storm Drain Master Plan is planned to be published in 2026)
o Preparation of plans, specifications, and estimates for channel and creek improvements, catch basins (including details for roadway, sidewalk, curb and gutter conforming to City standards), and other stormwater conveyance infrastructure
o Data Collection and verification of existing conditions o Subsurface utility coordination
o Hydrologic and Hydraulic Analysis
▪ Review newly developed City of San Mateo hydrological model ▪ Perform hydraulic modeling of storm drain systems, culverts, channels, and pump station o Hydraulic Reports & Technical Documentation Development o Environmental and Permitting Support
▪ Provide technical input for CEQA/NEPA documentation.
▪ Prepare permit application materials for regulatory agencies (RWQCB, USACE, CDFW, etc.). o Construction Support Services
▪ Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. ▪ Prepare record “as-built” drawings following the completion of the project construction. ▪ Attend project meetings as necessary.
• Stormwater Treatment and Green Infrastructure Design
o Development of on-site facilities and roadway site improvements in compliance with C.3 requirements for the City
o Development of stormwater pollution prevention plans
o Stormwater regulatory compliance assistance
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 188 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. In the event of a claim, the City reserves the right to require complete, certified redacted copies of all required insurance policies, including endorsements required by these specifications.
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AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, CHTD.

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL STORMWATER DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Nichols Consulting Engineers, Chtd., a corporation, (“CONSULTANT”), whose address is 1003 W. Cutting Boulevard, Suite 110, Richmond, CA 94804:

RECITALS:

A. CITY desires certain on-call stormwater design services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 190 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $750,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any 192 of 976
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applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 193 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Nichols Consulting Engineers, Chtd.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Margot Yapp
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #7 – Stormwater Design Services
The tasks may include, but are not limited to, the following:
• Design of planned stormwater capital improvement projects described in the current Storm Drain Master Plan (note: an updated Storm Drain Master Plan is planned to be published in 2026)
o Preparation of plans, specifications, and estimates for channel and creek improvements, catch basins (including details for roadway, sidewalk, curb and gutter conforming to City standards), and other stormwater conveyance infrastructure
o Data Collection and verification of existing conditions o Subsurface utility coordination
o Hydrologic and Hydraulic Analysis
▪ Review newly developed City of San Mateo hydrological model ▪ Perform hydraulic modeling of storm drain systems, culverts, channels, and pump station o Hydraulic Reports & Technical Documentation Development o Environmental and Permitting Support
▪ Provide technical input for CEQA/NEPA documentation.
▪ Prepare permit application materials for regulatory agencies (RWQCB, USACE, CDFW, etc.). o Construction Support Services
▪ Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. ▪ Prepare record “as-built” drawings following the completion of the project construction. ▪ Attend project meetings as necessary.
• Stormwater Treatment and Green Infrastructure Design
o Development of on-site facilities and roadway site improvements in compliance with C.3 requirements for the City
o Development of stormwater pollution prevention plans
o Stormwater regulatory compliance assistance
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EXHIBIT B

PAYMENT RATES
TERMS
Billings are payable upon presentation and are past-due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law will be charged on past-due accounts. 200 of 976
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 203 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 204 of 976
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AGREEMENT WITH SCHAAF & WHEELER

FOR DESIGN PROFESSIONAL SERVICES
FOR

ON-CALL STORMWATER DESIGN SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Schaaf & Wheeler, a corporation, (“CONSULTANT”), whose address is 4699 Old Ironsides Dr., Suite 350, Santa Clara, CA 95054:

RECITALS:

A. CITY desires certain on-call stormwater design services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 205 of 976
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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on December 31, 2029.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $750,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or 207 of 976
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other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 208 of 976
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: James Yang
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Schaaf & Wheeler
Attn: Caitlin J. Tharp
4699 Old Ironsides Drive, Suite 350
Santa Clara, CA 95054
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Charles D. Anderson
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
• Category #7 – Stormwater Design Services
The tasks may include, but are not limited to, the following:
• Design of planned stormwater capital improvement projects described in the current Storm Drain Master Plan (note: an updated Storm Drain Master Plan is planned to be published in 2026)
o Preparation of plans, specifications, and estimates for channel and creek improvements, catch basins (including details for roadway, sidewalk, curb and gutter conforming to City standards), and other stormwater conveyance infrastructure
o Data Collection and verification of existing conditions o Subsurface utility coordination
o Hydrologic and Hydraulic Analysis
▪ Review newly developed City of San Mateo hydrological model ▪ Perform hydraulic modeling of storm drain systems, culverts, channels, and pump station o Hydraulic Reports & Technical Documentation Development o Environmental and Permitting Support
▪ Provide technical input for CEQA/NEPA documentation.
▪ Prepare permit application materials for regulatory agencies (RWQCB, USACE, CDFW, etc.). o Construction Support Services
▪ Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and responses to contractor’s RFIs. ▪ Prepare record “as-built” drawings following the completion of the project construction. ▪ Attend project meetings as necessary.
• Stormwater Treatment and Green Infrastructure Design
o Development of on-site facilities and roadway site improvements in compliance with C.3 requirements for the City
o Development of stormwater pollution prevention plans
o Stormwater regulatory compliance assistance
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EXHIBIT B

PAYMENT RATES
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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. If a Notice of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 217 of 976
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Cancellation is specified in the Certificate of Insurance. In the event the Notice of Cancellation is not specified in the Certificate of Insurance, Consultant shall be responsible for providing the City the requisite notice as specified in this Exhibit C.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-5142 File ID: 26-11101 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: May 04, 2026
SUBJECT:
2026-2027 School Crossing Guards — Agreement
RECOMMENDATION:

Approve an agreement with the San Mateo-Foster City School District for school crossing guards in an amount not to exceed $80,000.00 for a term from July 1, 2026 to June 30, 2027, and authorize the Chief of Police to execute the agreement in substantially the form presented.

BACKGROUND:

The annual agreement between the City of San Mateo and the San Mateo-Foster City School District for school crossing guards expires on June 30, 2026. The proposed agreement for 2026-27 is included with this report as Attachment 1 and continues the City's contribution not to exceed $80,000 towards the cost of crossing guard positions to support the safety of San Mateo children.

BUDGET IMPACT:

Funding for this agreement is included in the Police Department’s proposed 2026-2027 operating budget.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – School Crossing Guard Agreement.

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
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1 SCHOOL CROSSING GUARD AGREEMENT

BETWEEN

THE CITY OF SAN MATEO
AND

THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT
This agreement, made and entered into this day of ,
by and between the City of San Mateo, a municipal corporation existing under the laws of the State of California, hereinafter "City," and the San Mateo-Foster City School District, hereinafter "District."
WHEREAS, the City wants to assist the District in providing protection for school children who are required to cross heavily traveled streets in the City; and WHEREAS, some protection can be afforded by placing crossing guards at specific locations in the City; and
WHEREAS, the District wishes to cooperate in providing protection for school pupils pursuant to Education Code section 45450 et seq.,
NOW, THEREFORE, it is agreed as follows:

1. The District shall select, hire, and supervise crossing guards as necessary for each of the locations shown on Exhibit A to this agreement during the hours that pupils are walking to and from nearby schools on school days during the school year. Salaries and wages shall be at rates determined by the District and may include payment of a two or four hour minimum per shift, as shown on Exhibit A, in order to attract employees and effectively staff the positions.

The crossing guards shall be considered, and shall in fact be, employees of the District for all purposes.

2. The City agrees to reimburse District for wages and salaries paid by the District to the crossing guards for daily administrative costs incurred in providing the crossing guards so long as this reimbursement does not exceed that figure agreed to pursuant to paragraph 6 below.

The reimbursement will include the payment of a two or four hour minimum per shift which will be clearly indicated on timecards for such occasions where such payment was necessary to effectively staff the position.

3. Not later than thirty (30) days after the close of each calendar quarter, the District shall bill the City for reimbursement of the costs incurred for work in the previous quarter. The invoice to the City shall be submitted with appropriate supporting documentation such as employee timecards and payroll reports to substantiate the amount billed. Upon review of the invoice and supporting documentation, the City shall promptly pay the bill.

4. The City and the District shall meet during the month of March of each year during the term of this agreement to allocate the City and District portions of the crossing guard expense.
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2 5. At any time during the term of this agreement, the District may request the City to delete or add one or more locations from or to the list attached as Exhibit A hereto. If the City determines, pursuant to California Traffic Manual section 10-08.2, that a location either should or should not have a crossing guard, the parties may amend this Agreement to add or delete a location from Exhibit A. If a location is added, the District shall promptly provide a crossing guard at that location and bill the City appropriately for the location pursuant to this agreement.

If a location is deleted, the District shall promptly remove the crossing guard and immediately cease billing for that location. During the meeting described in paragraph 4 above, the City and the District shall discuss whether any location(s) should be added or deleted.

6. For fiscal year 2026 / 2027, the City’s contribution to the District for crossing guards will not exceed $80,000. The hourly wage for the crossing guards will be $18.60, commensurate with the City’s minimum wage. On January 1, 2027, the City’s minimum wage will increase by CPI, and crossing guard wages will be adjusted accordingly.

7. The District agrees to indemnify and hold the City harmless from any and all claims, loss, liability, and damages in any way arising from the acts of the District or its employees or agents, including the crossing guards, in the performance of this agreement.

8. The duty of the District to indemnify and hold harmless as set forth in this agreement shall include the duty to defend as set forth in Civil Code section 2778.

9. Insurance. The District shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement.

Minimum Scope of Insurance. Coverage shall be as broad as:
a. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001).
b. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance.

Minimum Limits of Insurance. District shall maintain limits no less than:
a. General Liability:
(Including operations,
products and completed
operations.)
$2,000,000 per occurrence for body injury, personal
injury and property damage. If Commercial
General Liability insurance or other form
with a general aggregate limit is used, either
the general aggregate limit shall apply
separately to this project/ location or the
general aggregate limit shall be twice the
required occurrence limits.
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3 b. Workers’ Compensation As required by the State of California. c. Employers’ Liability $1,000,000 per accident or bodily injury or disease.

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, employees and agents; or the District shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its elected and appointed officials, employees, and agents, are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the District including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement (CG 20 10 11 85 or equivalent) to the District’s insurance policy, or as a separate owner’s policy. b. For any claims related to this project, District’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents.

Any insurance or self-insurance maintained by the City shall be excess of the District’s insurance and shall not contribute with it.
c. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice has been provided to the City.

Acceptability of Insurers. District shall furnish the City with original certificates and endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

If District is self-insured, District may satisfy this requirement by providing a written statement that it is self-insured in the amounts set forth above. 222 of 976
4 10. The District warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither the District nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

11. Notices sent pursuant to this agreement shall be addressed as follows:

To the City: Chief of Police Edmund Barberini
City of San Mateo Police Department
200 Franklin Parkway
San Mateo, CA 94403
To the District: Superintendent Diego R. Ochoa
San Mateo-Foster City School District
1170 Chess Drive
Foster City, CA 94404

12. The term of this agreement shall be from July 1, 2026, to June 30, 2027, but this agreement may be terminated by either party upon thirty (30) days’ written notice to the other party at any time and may be amended by mutual agreement in writing.

CITY OF SAN MATEO
By ________________________________________

EDMUND BARBERINI, CHIEF OF POLICE

SAN MATEO-FOSTER CITY SCHOOL DISTRICT
By

ALISON PROCTOR, PRESIDENT OF THE BOARD OF TRUSTEES
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5 224 of 976

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-5142 File ID: 26-11102 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: May 04, 2026
SUBJECT:

Animal Control Services Agreement — Amendment
RECOMMENDATION:

Approve Amendment No. 1 to the agreement with the County of San Mateo for the continued provision of animal control services for a three year term commencing July 1, 2026, with an estimated cost of $983,426 for the first year and costs to be recalculated annually for subsequent years; and authorize the City Manager to execute the agreement in substantially the form presented.

BACKGROUND:

Animal control is one of the longest running regional/shared services in San Mateo County. Since 1952, the County has contracted with the Peninsula Humane Society & SPCA (PHS) for animal control field and sheltering services. All 20 cities in the County have in turn contracted with the County for these services. Historically, cities have taken advantage of the economies of pooling resources in order to realize lower costs for services than each city could likely achieve by providing its own services. The current agreements between the County and PHS, and between the Cities and the County, were approved in 2021 after a thorough RFP, review, and negotiation process which included broad participation from stakeholders (County Management, City Managers, Police Chiefs and other interested participants). These agreements are set to expire on June 30, 2026.

The language in the County agreement with PHS includes an option for a three-year extension, and both parties have agreed to extend the contract for an additional three years with no changes to the existing terms; however, the agreement between the Cities and the County does not include language allowing an extension. As a result, an amendment to the agreement between the County and all 20 cities must be executed prior to June 30, 2026. The proposed Amendment No. 1 (Attachment 2) will extend this contract to June 30, 2029, to align with the end of the County’s contract with PHS.

PHS provides animal control services in a County-owned 45,000 square foot building at 12 Airport Boulevard in San Mateo.

The mandated animal control service functions which occur at the Airport Boulevard facility include: receiving and housing stray animals; serving as the location for the public when looking for lost pets or surrendering animals; sheltering animals; spay/neuter clinic; and vaccination clinic. For public convenience, licensing, micro-chipping, veterinary care and animal behavior work, and field services staff are at this location and respond to calls for service in the community.

The City of San Mateo’s estimated share of the total contract in Fiscal Year 2026-2027 is $983,426 (Attachment 3). While the proposed costs for the contracted animal control services during the three-year extension period represent less than a 3% increase per year, the actual percentage share paid by all cities is revisited annually. The number of service calls and sheltering animals generated by each city is tracked, and the average of the last three years’ data is used to set the cost for the upcoming year. Each city’s three-year average usage data are weighted 41% for field services and 59% for shelter services, with a credit for animal licensing revenue.
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CITY OF SAN MATEO
The proposed amendment makes minor clerical updates to the contract language, and also removes the requirement for an audit during the three year extension period. This requirement was removed because the County released an RFP in January of 2026 for a contractor to conduct a fiscal and performance audit of PHS/SPCA. The County is currently in negotiations with the selected firm, and the audit is expected to begin later in May. Conducting another additional audit within such a short timeframe would not be fiscally responsible as it would likely yield duplicative results. The results of this audit will be shared with cities. The County has assured cities that at this time, PHS/SPCA is meeting their performance requirements and fulfilling its obligations. An audit requirement will be included in the next long-term vendor agreement.

BUDGET IMPACT:

Funding for the animal control services agreement is included in the Police Department’s annual operating budget.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
Att 2 – Amendment No. 1
Att 3 – Estimated FY26/27 Animal Control Costs

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
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1 AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND

THE CITIES OF ATHERTON, BELMONT, BRISBANE, BURLINGAME,

COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY,

HILLSBOROUGH, MENLO PARK, MILLBRAE, PACIFICA, PORTOLA

VALLEY, REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO,

SOUTH SAN FRANCISCO, AND WOODSIDE FOR FACILITATION AND

COORDINATION OF ANIMAL CONTROL SERVICES

THIS FACILITATION AND COORDINATION OF ANIMAL CONTROL
SERVICES AGREEMENT, hereinafter called “Agreement”, entered into this first day of July, 2021, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside, each hereinafter individually called a “City” and collectively called the “Cities”;

WITNESSETH
WHEREAS, the Cities have passed and are responsible for enforcing local ordinances governing the regulation, licensing and impounding of certain animals within the territorial limits of the Cities; and WHEREAS, the Cities and County, hereinafter collectively called “Parties”, wish to enter into a written agreement for animal care and control, shelter services, and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 70 years with the current Agreement expiring on June 30, 2021; and
WHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; and
WHEREAS, the Cities desire the County facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and County for a term of 5 years ending on June 30, 2026; and
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2 WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers.

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

1. Exhibits and Attachments
The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A— Contract Areas
Exhibit B— Proportionate Share of Cost
Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA
Attachment 2 - Agreement between County of San Mateo and PetData Inc.

Attachment 3 - Memorandum of Agreement Regarding Funding For Construction Of An Animal Care Shelter

2. Definitions

2.1 Administrative Costs: The actual costs, including, but not limited to, salaries, benefits, dispatch, and equipment maintenance, incurred by the County to administer the Animal Control Program and Animal Licensing Program as outlined in this Agreement in an effort to facilitate a coordinated countywide system.

2.2 Animal Control Contractor: The contractor selected as set forth in Section 5.2 of this Agreement, which is specifically charged with providing services and enforcing laws relating to h animal care and control, shelter services and animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.

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

2.4 Animal Control Services Agreement or Services Agreement:

Agreement in which the Animal Control Contractor agrees to perform on behalf of Parties and the County agrees to compensate, using County and City funds, the Animal Control Contractor for performance of certain 228 of 976
3 specified animal care, animal control, and shelter services as provided for in this Agreement.

2.5 Animal Licensing Contractor: The contractor as set forth in Section

5.2 of this Agreement, which is specifically charged with administering and enforcing laws dealing with animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.

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

2.7 Animal Licensing Services Agreement: Agreement in which the Animal Licensing Contractor agrees to perform on behalf of the Parties and the County agrees to compensate, with County and City funds, Animal Licensing Contractor for performance of certain specified animal licensing services as provided for in this Agreement.

2.8 City or Cities: Any or all of the cities listed in Exhibit A, attached and incorporated by reference herein.

2.9 Holidays: Federally designated holidays with the addition of Easter and exclusion of Columbus Day, in accordance with the Animal Control Contractor’s and Animal Licensing Contractor’s existing labor contracts.

2.10 Impounded Animal: An animal that has been picked up by Animal Control Contractor, other public employee or officer, or by a private citizen and deposited at the County animal shelter.

3. Each City’s Responsibilities

3.1 Delivery of Animals. Any animal taken into custody by an employee or officer of the County or an employee or officer of a City shall be delivered to the Animal Control Contractor at the County animal shelter or held in a humane way at a designated holding area until it can be picked up by Animal Control Contractor.

3.2 Uniform Ordinances and Citation Authority. This Agreement is based on an expectation that each City will adopt and maintain animal control ordinance(s) which are substantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as they currently exist or maybe amended by County from time to time, to be effective within each City’s territorial limits. The 229 of 976
4 fee schedule adopted by each City shall be the same as outlined in Chapter 6.04.290, as may be amended by County from time to time, of the San Mateo County Ordinance Code, hereinafter “County Ordinance”.

City acknowledges that the County plans to amend its animal control ordinances, with the goal for adoption within the next twelve (12) months.

Enforcement of provisions of any City’s ordinance to the extent that it differs substantially from the County Ordinance, as amended by County from time to time, and results in an increase to Animal Control Contractor’s costs, shall be reimbursed directly by the City requiring additional services, as negotiated between the City requiring additional services and the Animal Control Contractor. Provision of services under the Animal Control Services Agreement shall take priority over such additional services provided separately pursuant to this Section.

3.3 Designation of Animal Control & License Revenue Collector. Each City hereby designates the Health System of the County or County’s designated contractor as the entity authorized to collect, at Cities’ cost, animal control and licensing revenue on the part of each City.

3.4 Permits for Public Events. Each City shall request input from the Animal Control Contractor prior to issuing permits for public exhibitions and events which include animals. The Animal Control Contractor is entitled to recover costs directly from the City in which exhibition or event will be located which relate to staffing that may result during or after the exhibition or event. Such costs will be collected by the Animal Control Contractor based on a fee schedule approved by the City in which the event is taking place, or as agreed between the Animal Control Contractor and the individual City. Any agreement with the Animal Control Contractor will require expeditious review of permits and input to the City. The provisions of this paragraph do not apply to public exhibitions and events where the only animals included in such events are anticipated to be service animals or police dogs.

3.5 City Liaison. Each City shall designate a representative to act as a liaison for animal control and licensing administration and enforcement issues for when County requests input from the City. If no contact person is designated, the City contact person shall be the City Manager.

3.6 Defense of Dangerous/Vicious Animal Determinations, Spay/Neuter Requirements, and Service Animal Designations.

Parties acknowledge that each City is and will remain solely responsible for arranging and conducting hearings under its Dangerous and Vicious 230 of 976
5 Animal, Spay/Neuter, and Fancier Ordinances, including but not limited to providing hearing officers and a location for the hearings. The cost to hold the hearing will be the sole responsibility of each City and collection of the hearing fee, based on the City’s fee ordinance, will be collected and retained by the City.

However, the Parties agree that, at a City’s option and for its convenience, a City may utilize County offices and/or the services of the County hearing officers for purposes of conducting Dangerous/Vicious Animal Hearings under the provisions of each City’s Dangerous and Vicious Animal Ordinance, Spay/Neuter Hearings under the provision of each City’s Spay/Neuter Ordinance, and/or Fancier Hearings under the provision of each City’s Fancier Ordinance. The hearing fee, based on the City’s fee ordinance, will be collected from the person requesting the hearing by the County under the terms of this Agreement, if possible. If such fee is not collected, the City shall remain responsible for such costs.

The Parties also recognize that in the event a City elects to utilize the services of a County hearing officer, the City remains solely responsible for the defense of any appeal of or challenge to an administrative decision rendered by the hearing officer. Further, the City remains responsible for any claims, damages, costs or other losses resulting from any decision, act or omission of the hearing officer acting in the course and scope of his or her capacity as hearing officer or from any court judgment based on claims, actions or appeals resulting from Dangerous/Vicious Animal hearings, decisions or findings; Spay/Neuter requirements, hearings, decisions or findings; and/or Fancier requirements, hearings, decisions or findings made under each City’s ordinances.

Furthermore, the Parties agree that, at a City’s option and for its convenience, County offices will issue Service Animal tags and Breeder/Fancier Permits on behalf of each City upon County’s determination that such tag or permit shall be issued on behalf of the City. Each City shall remain responsible for the decision to issue or not issue a Service Animal tag and/or issue or not issue a Breeder or Fancier Permit and shall remain responsible the defense of any action or claim and payment of any claims, damages, costs, or other losses resulting from such decision.

3.7 In consideration of the services that will be coordinated and facilitated by County and provided by the Animal Control Contractor and Animal Licensing Contractor in accordance with all terms, conditions, and specifications set forth herein, and in the exhibits and attachments incorporated by reference herein, each City shall pay County based on 231 of 976
6 the rates and in the manner specified below.

Proportionate Share of Costs. Each City’s proportionate share of the cost of services (“Proportionate Share of Costs”) provided under this Agreement shall be calculated as a percentage representing:
a. That City’s percentage of total field services provided, averaged over the prior three calendar years;
b. That City’s percentage of total shelter services provided, averaged over the prior three calendar years;
c. With field services weighted at 41% and shelter services weighted at 59%.

Net Program Costs. Each City shall pay the net program costs attributable to that City (“Net Program Costs”) which will be calculated as follows:
a. Determine total expenses for all services including Administrative Costs as defined in Section 2 of this Agreement and Animal Control Contractor and Animal Licensing Contractor costs;
b. Subtract all revenue received, not including licensing revenue; c. Attribute the balance to each City based on that City’s Proportionate Share of Costs.
d. Subtract from each City’s share of the balance the actual licensing revenue collected for that City during the previous calendar year.

Annual Invoices. Each City will be invoiced for its Net Program Costs as follows:
a. The County will calculate each City’s Proportionate Share of Costs, estimate Net Program Costs for the following fiscal year (July 1 – June 30), and will send an estimated invoice containing that information to each City no later than March 31st of each year; b. The County will send a final invoice (“Final Invoice”) based on actual Net Program Cost to each City no later than December 15th of each year; and
c. Each City shall pay the County the amount shown on the Final Invoice no later than February 28th of each year.
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7 4. County Responsibilities

4.1 Payments to be paid to Animal Control Contractor and Animal Licensing Contractor by the County and each City are as follows:
a. The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.

Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
b. The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includes the payment for the contract Petdata for approximately $192,000).

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

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

Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
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8 4.3 In consideration of the payment provided for in Sections 3.7 and 4.2, the County shall, for the administrative convenience of the Cities and for the purpose of coordinating animal services countywide, provide the additional following administrative services:
a. Work with the City Attorney, designated City liaison or City Manager of each City on any issues that require input from the City, including, but not limited to, during and following the administrative hearing process.
b. Collect, maintain, and report available data as requested by each City, including, but not limited to, annual Performance Measures.

The Animal Control Program Manager or designee will monitor the performance of the Animal Control Contractor and Animal Licensing Contractor and will notify the City Liaison if there is a deficiency in service found. A meeting will be scheduled with Contractor and City liaisons to discuss a plan to correct the service deficiency.
c. With direction from each City, respond on behalf of each City to public inquiries regarding the Animal Control Program and the Animal Licensing Program.
d. Provide monthly report showing field, shelter, licensing activities, and Dangerous Animal Permit holders.
e. Provide dispatch services for after-hours/holiday calls for animal control and licensing.
f. Provide radio maintenance services on radio equipment owned by the Parties and used to perform services as outlined in Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA – Attachment M - County-Owned
Radio Equipment.
g. For the convenience of the Cities, provide animal licensing tags for dogs, cats, animals held under a Dangerous Permit, and animals designated as Service Animals.
h. For the convenience of the Cities, make reasonable attempts to collect and provide collection services for:

1. Animal control fees that are deemed uncollectable by the Animal Control Contractor after reasonable efforts by the Contractor to collect; and
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9 2. Licensing fees that are deemed uncollectable by the Animal Licensing Contractor after reasonable efforts by the Contractor to collect; and

3. Any other fees for services provided to each City under the terms of this Agreement.

The County’s cost to provide collection services will be included in the administrative cost to facilitate this Agreement. The Cities acknowledge and agree that the County is not responsible for any fees that remain uncollected after reasonable efforts are made to collect. In the event that a City determines that additional collection efforts are warranted, it may undertake such efforts at its own expense. Any shortfall in revenues caused by uncollected fees shall be the responsibility of all Cities based on the proportionate share of costs.
i. Annually provide each City with the audit report required and completed as outlined in Attachment 1.
j. Annually, arrange and oversee a performance audit or fiscal assessment following the, Generally Accepted Government Auditing Standards (GAGAS) to assess whether the Animal Control Contractor is achieving efficiency and effectiveness in performance of the services provided and provide a copy of the performance audit to the Cities. The parameters of the audit and cost will be determined by a subgroup of all Parties through a County Request for Proposal process. Cities will be invoiced for the actual cost of said audit as outlined in Section 3.7 (estimate cost of $81,000 has been added to the administrative cost table in section 4.2). k. For Spay/Neuter Assistance Vouchers:

1. Allocate one dollar from each annual license fee paid for a dog or cat to:
i. When funds are available as determined by the County, assist pet owners and feral cat advocates with the cost to alter the dogs, cats, and feral cats that reside in the County on a county wide basis; and
ii. As funds are available as determined by the County, execute outreach efforts to educate residents on the
responsibilities of owning a pet and the importance of
altering, vaccinating, and licensing all dogs and cats.

2. Issue, monitor and maintain a dog, cat, and feral cat database, allocating funds to the appropriate category of need based on the public’s requests.
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10 l. Pursuant to Section 3.6 of this Agreement, under the guidelines of the US Department of Justice and the Americans With Disabilities Act’s definition of “Service Animal” for the administrative convenience of each City, and acting as a representative of each City, issue Service Animal tags on behalf of each City upon determination by the County on behalf of the City that such tag shall be issued.
m. If each City’s ordinance so authorizes and the City so requests, review and process each City residents’ requests and maintain files for Breeders and Fanciers Permits.
n. Dangerous Animal Designations:

1. Issue Dangerous Animal tags when an animal has been so designated by a peace officer employed by any City or County or the Animal Control Contractor as such; and

2. The County will invoice annually and make reasonable efforts to collect applicable fees for Dangerous Animal Permit holders; and

3. Monitor data received from Animal Control Contractor; and

4. Send monthly updated reports to each City’s representative. o. Pursuant to Section 3.6, for the administrative convenience of each City, and acting as a representative of each City, conduct administrative hearings for Dangerous and Vicious Animal designations under the guidelines of the applicable City’s ordinance.
p. Pursuant to Section 3.6, for the administrative convenience of each City and acting as a representative of each City, conduct mandatory spay/neuter and/or fancier permit administrative hearings under the guidelines of the applicable City’s ordinance, if any.
q. Provide in-person customer service at a minimum of two County locations that are open during normal business hours to enable residents the ability to obtain animal licenses and/or permits for all dogs and cats.
r. Work with San Mateo County veterinarians to ensure anti-rabies vaccination reporting as required by the County.
s. Receive, import, and export licensing and vaccination information from the Animal Licensing Contractor into the Animal Control Contractor database and vice versa on a weekly basis.
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11 t. Under the guidance of the County’s Health Officer, review and process requests from pet owners to exempt their pet from the requirement to obtain an anti-rabies vaccination as required by State law or County ordinance and report annually to the Department of Public Health.
u. Invoice animal owners pursuant to the County Fee Schedule

6.04.290, and similar City fee schedules, following a bite incident that requires a quarantine of said animal.

5. General Provisions

5.1 Existing Agreements. Upon execution of this Agreement, any prior existing agreements between the Cities and the County to facilitate and coordinate Animal Control and Animal Licensing Services will be terminated.

5.2 Contracting for Services. It is expressly understood and agreed that the County will contract with the Peninsula Humane Society and SPCA, a California nonprofit public benefit corporation (Animal Control Contractor), or such other contractor as the Board of Supervisors and Cities may designate, for the provision of Animal Control Services including field enforcement, shelter and treatment services referred to herein. Additionally, it is expressly understood and agreed that the County will contract with PetData, Inc. or such other contractor (Animal Licensing Contractor) as the Board of Supervisors and Cities may designate, for the provision of Animal Licensing Services.

Shelter Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Field Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Veterinary Medical Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

Operations. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.

5.3 Animal Shelter.

The Parties acknowledge:

1. That the new Animal Care and Control Shelter has been constructed and Contractor Peninsula Humane Society & SPCA is and will be occupying it for the term of this Agreement in order to provide animal 237 of 976
12 control services as set forth in Attachment 1.

2. The Parties have previously entered into a Memorandum of Agreement regarding Funding of Construction of an Animal Care Shelter, dated September 9, 2014 (“Memorandum”), attached and incorporated as Attachment 3. The Parties agree that the total cost of the shelter construction project is being updated as provided by Section 2 of the Memorandum, and the Parties agree that, when available, County will provide to Cities the final total cost of the Shelter construction which will be paid proportionately by each City as provided by the Memorandum. Further, the Parties acknowledge and agree that the proportionate share of each City will be amended as provided by section 3 of the Memorandum. The Parties acknowledge that continued animal control and shelter services to a City as provided herein is contingent on that City approving any amended cost and paying its proportionate share, as previously agreed in the Memorandum”.

5.4 Facilities & Equipment.
a. If the County chooses, at its own discretion, to replace equipment, at reasonable expense, but not to exceed $125,000, that is used by the Animal Control Contractor and/or the Animal Licensing Contractor solely for the purpose of providing services under this Agreement, Cities agree that they will be financially responsible for the purchase cost of said equipment based on their
Proportionate Share of Cost.

In the event that any party asserts that an emergency safetyrelated repair is needed to the portions of the County Animal Care and Control Shelter located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services and/or the County chooses to replace
equipment, at its own discretion, and the cost of said equipment exceeds $125,000, the Parties agree to meet in good faith to determine and agree which maintenance or repairs are required, whether or not such repair work shall be undertaken, or if said equipment should be replaced.

If the Parties terminate this Agreement or the Parties do not renew this Agreement, all Parties agree to be financially responsible in their Proportionate Share of Cost as set forth in Exhibit B for the remaining cost of any lease for vehicles or equipment used by the County’s designated contractor solely for the purpose of providing services under this Agreement. 238 of 976
13 b. Animal Control Contractor will send the County a quarterly itemized report showing the repairs and maintenance performed at the facility.
c. If Parties choose to terminate for reasons other than material breach of the Animal Control Contractor’s Services Agreement or Parties choose not to renew the Animal Control Contractor’s Services Agreement, County and Cities shall be financially responsible for the remaining cost of any lease for vehicles or equipment used by the Animal Control Contractor solely for the purpose of the Animal Control Contractor’s Services Agreement.

5.5 Fiscal and Program Monitoring. Each City agrees to participate annually with County to discuss financial or programmatic issues including, but not limited to, licensing activities, revenue sources, performance measures, and ordinance revisions. The County or any City may request a special meeting for this purpose and upon the provision of reasonable notice.

Any changes in the amount to be paid to the Animal Control Contractor or the Animal Licensing Contractor shall require the Board of Supervisors and the affected City’s approval.

5.6 Use of Program Revenue. Each City agrees that all fees collected by the County and/or the Animal Control Contractor and the Animal Licensing Contractor, or both, for the purposes outlined in this Agreement shall be retained by the County and used to cover the cost of services provided under this Agreement, except for services provided directly by or for a City and where fees are collected by said City for services provided as described in Section 3.4 and 3.6 of this Agreement.

5.7 Maintenance of Records. Records of animals impounded including the description of each animal, date of receipt, date and manner of disposal, treatment received, the name of the person redeeming or adopting the animal, and the fees, charges and proceeds of adoption shall be maintained by the County, through the Animal Control Contractor, and made available to the Cities. In addition, statistical information shall be provided on a monthly, quarterly and annual basis to the Cities summarizing various field enforcement and shelter activities occurring in each City and shelter activities initiated by residents of each City.

5.8 Term and Termination. Subject to compliance with all terms and 239 of 976
14 conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2026.

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

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

This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Animal Licensing Services Agreement.

Each City shall promptly pay its Proportionate Share of Cost as set forth in Exhibit B for all services rendered prior to termination.

5.9 Amendments: Entire Agreement. Amendments to this Agreement must be in writing and approved by the County Board of Supervisors and the governing body of each City. This is the entire Agreement between the Parties and supersedes any prior written or oral agreements inconsistent herewith.

This Agreement, including the Exhibits and Attachments which are incorporated herein by this reference, constitutes the entire Agreement of the Parties to this Agreement regarding the subject matter of this Agreement, and correctly states the rights, duties, and obligations of each party as of the Effective Date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit to this Agreement, the provisions of the body of this Agreement shall prevail.

Any prior agreement, promises, negotiations, or representations, whether oral or written, between the parties not expressly stated in this Agreement are superseded. All subsequent modifications or amendments to this Agreement shall be in writing and signed by the Parties.

5.10 Controlling Law and Venue. The validity of this Agreement and of its terms or provisions, the rights and duties of the parties under this 240 of 976
15 Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

5.11 Additional Services. Nothing contained herein shall preclude any City from contracting separately for the provision of a higher level of service.

Any contract increasing the level of services will be supplemental to this Agreement and will not affect the level of service provided for in this Agreement.

5.12 Relationship of Parties. The Parties agree and understand that the work/services performed or facilitated under this Agreement are performed or facilitated by an independent Contractor, and not by an employee of any City and that neither the County, its employees, the Animal Control Contractor, or the Animal Licensing Contractor acquire any of the rights, privileges, powers, or advantages of City employees, and vice versa; however, the County may act as an agent on behalf of each City where expressly set forth herein and, in such instances, each City shall hold harmless, indemnify and defend the County from and against any claims of any kind and/or actions for damages arising out of the County’s actions undertaken on behalf of each City as set forth herein.

5.13 Hold Harmless.
a. Each City shall hold harmless, indemnify and defend the County, its officers, employees and agents from and against any and all claims, suits or actions of every kind brought for or on account of injuries or death of any person or damage to any property of any kind whatsoever and whomsoever belonging which arise out of the performance or nonperformance of each City’s covenants and obligations under this Agreement and which result from the negligent or wrongful acts of each City or its officers, employees, or agents, including, but not limited to, those claims, suits, or actions arising from activities performed by the County as a representative of the City as set forth in Sections 3.6 and 4.2. b. The County shall hold harmless, indemnify and defend each City, its officers, employees and agents from and against any and all claims, suits or actions of any kind brought for or on account of injuries to or death of any person or damage to any property of any kind and to whomsoever belonging which arise out of the performance or non-performance of the County’s obligations 241 of 976
16 under this Agreement and which result from the negligent or wrongful acts of the County, its officers or employees. This provision requiring the County to hold harmless, indemnify and defend each City shall expressly not apply to claims, losses, liabilities or damages arising from actions or omissions, negligent or otherwise, of the Animal Control Contractor or the Animal Licensing Contractor, or their officers, employees or agents, under the services agreements with the County. Further, this provision requiring the County to hold harmless, indemnify and defend each City shall not apply to acts or omissions of the County done on behalf of each City in performing administrative tasks for the convenience of and as representative of each City, including but not limited to those set forth in Sections 3.6 and

4.2. c. In the event of concurrent negligence of the County, its officers or employees, and the City, its officers and employees, the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants or responsibilities of this agreement shall be apportioned according to the California theory of comparative negligence.
d. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that with respect to activities performed by the Animal Control Contractor or the Animal Licensing Contractor in the Cities’ territorial limits, the County serves solely as a Contract Administrator and solely with respect to the specific obligations contained within this Agreement and the agreements between the County and the Animal Control Contractor and the Animal Licensing Contractor. Accordingly, in the event the County or the Cities are sued and the suit is related in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in a particular City or the Cities, the particular City or Cities, as the case may be, will hold harmless, indemnify and defend the County, and any other City that is named as a defendant in that suit from and against any and all claims, losses or costs. In the event a City or the Cities are sued and the suit relates in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in the unincorporated area of the County, the County will hold harmless, indemnify and defend the City or Cities named as a defendant or defendants in that suit from and against any and all claims, losses or costs.
e. The County agrees that in its Service Agreements with the Animal 242 of 976
17 Control Contractor, the County will require the Animal Control Contractor to indemnify each City to the same extent that the County is indemnified and to name each City as a third party beneficiary to the County’s Agreements with the Animal Control Contractor and/or the Animal Licensing Contractor.
f. These indemnification and hold harmless clauses shall survive termination of this Agreement and shall apply whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

5.14 Non-Discrimination. No person shall illegally be excluded from participation in, denied the benefits of, or be subjected to discrimination under this Agreement on account of their race, color, religion, national origin, age, gender, sexual orientation, ancestry, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status.

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

Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed in the introduction of this Agreement or at such other address as any City may specify in writing to the County.

In the case of County, to:

Name/Title: Lori Morton-Feazell, Program Manager of Animal Control and Licensing
Address: 225-37th Avenue San Mateo, CA 94403
Telephone: 650.573.2623
Email: [email protected]

5.16 Condition Precedent. If this Agreement is not adopted by all twenty Cities, it will become null and void in its entirely except that in such an event, the County and any of the cities which are in agreement with the terms and conditions of this Agreement may use it as the grounds for considering an Agreement which may be acceptable to those parties. 243 of 976
18 5.17 Electronic Signature. All Parties agree that this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law and the County’s Electronic Signature Administrative Memo and the Parties understand and agree that electronic signatures shall be deemed as effective as an original signature.

5.18 Counterparts. The Parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. 244 of 976
19 IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. The Cities of Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside have caused this Agreement to be subscribed by its duly authorized officer and attested by its Clerk.

Dated: COUNTY OF SAN MATEO
____________ _____________
President, Board of Supervisors
Resolution No. 078244(b)
June 29, 2021
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Dated:

ATTEST: TOWN OF ATHERTON
_________________________________
Town of Atherton, Clerk By
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Dated:

ATTEST: CITY OF BELMONT
_________________________________
City of Belmont, Clerk By
5/26/2021
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Shawnna Maltbie
City Manager
May 25, 2021
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Dated:

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

ATTEST: CITY OF HALF MOON BAY
_________________________________
City of Half Moon Bay, Clerk By
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Dated:

ATTEST: CITY OF MENLO PARK
_________________________________
City of Menlo Park, Clerk By
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Dated:

ATTEST: TOWN OF PORTOLA VALLEY
_________________________________
Town of Portola Valley, Clerk By
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Dated:

ATTEST: CITY OF SAN CARLOS
_________________________________
City of San Carlos, Clerk By
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Dated:

ATTEST: CITY OF SAN MATEO
_________________________________
City of San Mateo, Clerk By
__________
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40 EXHIBIT A

CONTRACT AREAS
The following Cities have contracted for services pursuant to this Agreement:

Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
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41 EXHIBIT B

PROPORTIONATE SHARE OF COST
FY 2021-22 Proportionate Share of Cost:

Atherton 0.70%
Belmont 2.58%
Brisbane 0.90%
Burlingame 3.74%
Colma 0.53%
Daly City 10.13%
East Palo Alto 8.70%
Foster City 2.15%
Half Moon Bay 2.50%
Hillsborough 1.16%
Menlo Park 4.59%
Millbrae 1.92%
Pacifica 5.07%
Portola Valley 0.37%
Redwood City 12.55%
San Bruno 6.09%
San Carlos 3.15%
San Mateo 15.61%
South San Francisco 10.27%
Woodside 1.03%
County 6.27%
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1 Agreement No. _________________________

AGREEMENT FOR ANIMAL CARE AND CONTROL SERVICES BETWEEN THE

COUNTY OF SAN MATEO AND PENINSULA HUMANE SOCIETY & SPCA, A

CALIFORNIA NONPROFIT CORPORATION
This Agreement is entered into this first day of July, 2021, by and between the County of San Mateo, a * * *
Whereas, pursuant to statutory authority including but not limited to, Section 31000 of the California Government Code, Section 31106 of the Food and Agriculture Code, and Sections 14501 and 14503 of the Corporations Code, County may contract with independent contractors for the furnishing of animal care, control and shelter services to or for County or any Department thereof; and Whereas, it is necessary and desirable that Contractor be retained for the purpose of providing Animal Care, Control, and Shelter services to the County and participating cities as set forth in this Agreement for Therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A Services
Exhibit B - Payments and Rates
Exhibit C Excluded Services
Exhibit D Contract Areas (County and Participating Cities) Exhibit E Fees to be Collected for Services Provided
Exhibit F Five-Year Budget
Attachment H - Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements
Attachment I - Fingerprinting Certification Form
Attachment J - Rabies Algorithm
Attachment K - Animal Shelter Facility Use and Maintenance Agreement Attachment L - Peninsula Humane Society Holidays
Attachment M County-Owned Radio Equipment

2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County and Participating Cities listed on Exhibit D in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A, and the other Exhibits and Attachments incorporated by reference into this Agreement.
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2 3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A and other Exhibits and Attachments incorporated into this Agreement, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. Payments shall begin within 45-days after Contractor and County each execute this Agreement.

County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. If County exercises this right, it must first provide Contractor with a 30-day written notice of intent to withhold payment wherein County describes the nature of the unacceptable If Contractor fails to
remedy unacceptable work after having received thirty days prior written notice, then County may delay payment until the deficiency is corrected. However, if Contractor reasonably demonstrates that it is not feasible to remedy the unacceptable work within thirty days, Contractor shall have up to an additional thirty days to remedy the work before payment will be withheld.

In no event shall C THIRTY TWO MILLION

FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this Agreement.

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

5. Termination
This Agreement may be terminated by Contractor or County or designee at any time without a advance written notice to the other party. Contractor shall be entitled to receive payment for services provided prior to the effective date of termination of the Agreement. Such payment shall be the prorated portion of the full payment determined by comparing the services actually completed to the services required by the Agreement. The Contractor shall have no right to or claim against the County or any Participating City for the balance of the contract amount.

In the event of a material breach of this Agreement by either party, the other party shall notify the breaching party of such material breach and that such breach must be cured within thirty (30) calendar days of the notice, except that if the breaching party reasonably demonstrates that it is not feasible to cure the breach within thirty (30) calendar days, the breaching party shall have the number of days 269 of 976
3 beyond thirty (30) calendar days reasonably needed to cure the breach up to an additional thirty (30) calendar days.

In the event the breaching party does not cure the material breach within the applicable time period, the notifying party may immediately terminate this Services Agreement or seek any other applicable legal remedies for such material breach. Termination is effective on the date specified in the written notice. In any event of termination under this paragraph, Contractor shall be paid for all approved work performed prior to termination. Contractor shall have no right to, or claim against County or any contracting City for, the balance of the contract amount.

6. Contract Materials
At the end of the term of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law.

7. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.

8. Hold Harmless and Indemnification
Contractor shall hold harmless and indemnify the County, and each Participating City listed in Exhibit D as third party beneficiaries of this Agreement, their officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of: injuries to or death of any person, including but not limited to Contractor or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to Contractor or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of Contractor; any sanctions, requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; and/or from any activities undertaken by Contractor, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of Contractor, its officers or employees.

The duty of Contractor to hold harmless and indemnify as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

County shall hold harmless and indemnify the Contractor, its officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of injuries to or death of any person, including but not limited to County or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to County or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of County; any sanctions, pe
requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; and/or from any activities undertaken by County, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of County, its officers or employees. 270 of 976
4 The duty of County to hold harmless and indemnify, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

In the event of concurrent negligence of the County, its officers, agents and/or employees, and the Contractor, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants, promises and responsibilities of this Agreement, shall be apportioned according to the California theory of comparative negligence. This provision shall survive termination of this Agreement.

9. Assignability and Subcontracting
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County.
right to automatically and immediately terminate this Agreement without penalty or advance notice.

10. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved such approval. Contractor shall furnish County with certificates of insurance evidencing the required to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide
any pending change in the limits of liability or of any cancellation or modification of the policy. b.

Contractor shall have in
In signing this Agreement, Contractor
certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for -insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.

Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:
(a) $1,000,000
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5 (b) $1,000,000
(c) $1,000,000
County and its officers, agents, and employees and participating cities and their officers, agents and employees shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.

11. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

12. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement.
to County upon request.
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6 c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
d.

Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic part is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60 741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and subjects the Agreement to immediate termination at the sole option of the County. g. Reporting; Violation of Non-discrimination Provisions Contractor shall report to the County Manager the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Such duty shall include reporting of the filing of
any and all charges with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination).

Final adjudication in an appropriate forum determining that a violation of the non-discrimination provisions of this Agreement occurred, shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager from among the following:
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7 i. termination of this Agreement; and/or
ii. liquidated damages of $2,500 per violation; and/or
iii. no penalty based on the County Manager determining that the incident does not warrant further action; and/or
iv. imposition of other applicable civil remedies and sanctions as provided by law.

To effectuate the provisions of this Section, the County Manager shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and County. h. Compliance with Living Wage Ordinance
As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors as required under the Ordinance.

13. Compliance with County Employee Jury Service Ordinance Contractor shall comply with Chapte
shall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with
the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County:
certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy The requirements of Chapter 2.85 do
-hundred
this Agreement is amended such that its total value meets or exceeds that threshold amount.

14. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for four (4) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of California.
(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by County including additional audit requirements as set forth herein.
(c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department respective audit agencies access to and the right to examine all records and documents necessary to 274 of 976
8 determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.
(d) County agrees that if any entity or person makes a request under the California Public Records Act (CPRA) or an analogous federal, state, or local law or regulation to the County or a Participating City, of which County is aware, for documents or records possessed by Contractor but not by the County or Participating City, relating to this Agreement, or documents that Contractor submitted in its response to the request for proposals related to this Agreement and marked confidential, or documents related to the negotiation, or finalization of this Agreement, County will notify Contractor of such request. If Contractor fails to respond within 72 hours, Contractor shall be deemed to stipulate that the requested documents are subject to disclosure pursuant to the request and Contractor shall immediately thereafter make copies of the documents available to the County or a participating City, as the case may be, for disclosure to the requesting party.

If Contractor responds to the County within 72 hours of such notice by the County and asserts, in writing, that exemptions to disclosure requirements under the CPRA apply, and the County or Participating City as applicable agrees that such documents are not subject to disclosure, in whole or in part, under the CPRA, Contractor shall provide a redacted copy of the documents for County or City to disclose in lieu of unredacted documents for any documents that must be disclosed. In the event that County or the to disclosure, in order to prevent disclosure of such documents, Contractor shall promptly and in any case within ten (10) calendar days of notice of the request, seek a protective court order for non-disclosure of any such records. If Contractor fails to obtain a protective order, such documents may be disclosed by County or City. Contractor shall indemnify and hold harmless County and Participating Cities for any not subject to disclosure.

15. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, dutie In the event that any term, condition,
provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

16. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.
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9 17. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of County, to:

Name/Title: Lori Morton-Feazell / Health Services Manager Address: 225-37th Avenue, San Mateo, CA 94403
Telephone: 650-573-3726
Email: [email protected]
In the case of Contractor, to:

Name/Title: Anthony Tansimore / President
Address: 1450 Rollins Road, Burlingame, CA 94010-2307
Telephone: 650-340-7022 ext. 309
Email: [email protected]

18. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with Cali Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.

19. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

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10 * * *
representatives, affix their respective signatures:

For Contractor: Peninsula Humane Society & SPCA, a California Nonprofit Corporation __________________________
Contractor Signature
_______________
Date
_________________________
Contractor Name (please print)

COUNTY OF SAN MATEO
By:

President, Board of Supervisors, San Mateo County
Date:

ATTEST:

By:

Clerk of Said Board
Resolution No. 078244(b)
June 29, 2021
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11 Exhibit A
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

I. COMMON GOALS
A. All parties agree to work on updating a new animal control ordinance during the next 12 months to include the availability of administrative citations.

B. County and Contractor will provide Participating Cities (as defined in exhibit D to this Agreement) with information about the services provided by Contractor and excluded services. In the event the County receives a complaint from an official from a Participating City regarding the quantity or quality of services provided under this Agreement, the County will promptly forward such complaint to Contractor so that the parties may make good faith efforts to promptly resolve the issue and Contractor agrees to meet with officials from the County and/or Participating Cities as may be necessary to resolve such complaints.

II. POLICIES AND PROCEDURES
A. All policies and procedures shall be developed with the goal of animal welfare, enhancing the cost efficiency and quality of services provided to the County and Participating Cities, and to reflect best practices in the industry for animal control and care.
annually submitted to a committee of County and Participating City representatives, with committee members to be designated by the County Manager or designee. The Contractor and committee members will work in good faith to resolve any differences or concerns regarding policies and procedures.

B. The Contractor must establish comprehensive written policies and procedures for proper care and handling of animals.

C. Such policies and procedures shall address all subjects encompassed by the scope of this Agreement, including shelter, veterinary care, and field services. Proper care includes but is not limited to, appropriate food and water, regular cleaning of kennels and cages, humane handling, veterinary care and a vaccination schedule including rabies vaccinations.

D. Contractor shall establish policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering. Policies and Procedures shall focus on these areas:

1. Medical Health and Physical Well-Being

2. Euthanasia

3. Environment

4. Kennels/Cages

5. Capacity for Care

6. Behavioral Health
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12 E. Contractor shall develop a written disposal procedure, and the procedure shall provide for the weekly pick up of dead animals.

F. Contractor shall create a procedure compliant with California law to ensure that animals entering the County Shelter receive vaccinations, dewormer, flea control as appropriate for their species excluding animals that are unable to be safely handled or animals that are too sick/injured to receive this treatment.

G. Contractor shall have written policies and procedures on animal placement with a goal of ensuring that non-aggressive and healthy or treatable animals that enter the County Shelter are not euthanized through redemptions, adoptions and transfers to other organizations. Policies and procedures should include guidelines for euthanasia. Terms used in this subsection are to be interpreted in accordance with currently enacted California law.

H. Contractor shall have a procedure addressing how Animal Control Officers will handle complaints and the procedure shall include a benchmark for the time it takes between receiving and closing a complaint.

I. Contractor shall have comprehensive written policies and procedures established for proper care and handling of animals to include emergency response procedures, how animals will be placed into vehicles, how animals will be protected from the heat and cold inside vehicles, and how vehicles will be clean and disinfected.

J. Contractor shall have and apply written disease prevention and response policies and procedures.

Disease response procedures shall include measures to minimize transmission to unaffected animals or people and should ensure appropriate care of the affected animals. Procedures should include a treatment plan where decisions are based on a range of appropriate criteria, including the ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the likelihood of placement after treatment, the number of animals who must be treated and the expense of treatment and resources available for such treatment.

K. Contractor shall have comprehensive written policies and procedures on Veterinary Medical Services. Policies and procedures shall address proper care of injured and sick animals and be L. To the extent any of the terms of this Agreement are preempted by State law with regard to animal care, custody, transfer, euthanasia, and/or treatment, the parties agree that the terms of this Agreement shall continue to apply to full extent possible in conformity with State law.

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13 III. SHELTER SERVICES
A. Receiving animals
Contractor will:

1. Hold lost and stray animals for the requisite time period as required by State law or County ordinance or other applicable local ordinance prior to adoption, owner redemption, release to a partner organization, euthanasia, or other disposition.

2. Ensu
beginning at intake and regularly thereafter. If the animal is too unsafe to handle to have its health status evaluated a visual evaluation may be done by staff.

3. Ensure all animals are scanned for a microchip and checked for other identification when entering the County Shelter and ensure staff enter into the Chameleon (or any successor system) software that the animal was checked for ID. Animals that are unsafe to be scanned for a microchip may be excluded.

4. Solicit information on impounded stray animals.

5. 6. Provide shelter and care for domestic animals under rabies quarantine, and dangerous or vicious animal investigations, according to the applicable City/County ordinance and/or State law.

7. Contractor will immediately notify County Public Health personnel at 650.573.2346, 8am5pm, M-F or 650.363.4981 after hours/holidays (or at such other numbers as may be designated in writing, from time to time).

8. If the Contractor plans on using drop boxes for after-hours intake, the drop boxes must be checked at least every hour during the hours that drop boxes are utilized for animal intake.

B. Care of animals
Contractor will:

1. Provide shelter and care for San Mateo County stray and unwanted animals 24 hours a day, 7 days a week, with public service hours designed to benefit the public and facilitate the services established in this Agreement, including coordination with other agencies (state and local governments, or adoption partner organizations, non-profit animal services organizations, etc.) where appropriate.

2. Provide services as required by the State of California governing shelters for animal care, treatment, holding periods, and placements and dispositions.

3. Microchip all animals designated as Dangerous prior to release if medically appropriate and owner is compliant. In the instance of a non-compliant owner, Contractor shall attempt at the first annual inspection of the ow
has in fact been microchipped as required by County Ordinance and shall report their findings to County in a timely fashion.

4. Provide animal food that meets nutritional and medical needs of animals. 280 of 976
14 5. Contractor will make a best effort to have the County Shelter open by 11 am each day, except holidays (as noted in Attachment L - Peninsula Humane Society Holidays), with all animal areas intended for public access clean and ready for the public to enter.

6. Provide County representatives with a master schedule for Animal Care staff upon request.

C. Owner-surrendered animals
Contractor will:

1. Provide pet owners with a handout(s) describing alternative solutions to surrender and other resources to owners who express a desire to surrender their pets. That handout should include contact information for non-profit shelters and rescue groups in the Bay Area, as well as information about pet food pantries, low cost veterinary care, etc.

2. List alternatives to surrendering a pet
website.

D. Identifying animals
Contractor will:

1. Make legally required and additional efforts
including, at a minimum, full microchip body scanning of domestic animals for identification chips, tracing microchips, licenses, rabies tags and other identification, and making several documented attempts in multiple ways (e.g. phone, email, and/or mail) to notify the owner in an attempt to return the animal to its owner prior to any other disposition. Maintain acumen on and utilize developments in the field that might provide .

E. Evaluating animals
Contractor will:

1. Ensure that all healthy, non-aggressive, and treatable animals have a plan for a live outcome.

2. Begin assessment of behavior at the time of intake of the animal. An overall behavior assessment considers all of the information gathered about the animal, including history, behavior during shelter stay, and formal evaluation.

3. Provide and apply the criteria and evaluation system that will enable objective evaluations for animals.

4. Evaluate all breeds equally to determine if they can be adopted, require behavior modification, or allow a partner agency to take the animal prior to euthanasia pursuant to State law.

5. Maintain evaluation records. Document the procedure for each animal in the Chameleon software system (or any successor system). If any paper records are also kept, retain the records for seven (7) years after disposition of animal.

6. Perform kennel enrichment programs to reduce stress for sheltered animals.

7. Place adoptable animals up for adoption or transfer. 281 of 976
15 8. Record all incidents or reports regarding a history of aggressive behavior along with the context in which they occurred.

9. Ensure staff is trained to recognize body language and other behaviors that indicate animal stress, pain and suffering as well as behaviors that indicate successful adaptation to the shelter environment.

10. Monitor animals daily in order to detect trends or changes in well-being and respond to their behavioral needs.

F. Length of stay of animals
Contractor will:

1. County Shelter. Both positive outcomes and
cost of sheltering must be considered.

2. Provide the process to ensure stray and owner-surrendered animals will not remain in the County Shelter more than three (3) weeks past the State law-mandated holding period.

G. Rabies testing/exposure
Contractor will:

1. Immediately provide San Mateo County Health personnel with contact information for relevant Contractor staff in accordance with State and County requirements when there is

2. Ensure all staff members are trained to identify potential rabies exposures and understand the regulations that apply to reporting and managing bites to humans and animals.

3. Provide for testing of animals for rabies pursuant to the current California Rabies Compendium. This requires the decapitation of animals and transport of the head or bat to the San Mateo County Public Health laboratory for testing.

4. Ensure that that the rabies specimen is transported to the San Mateo County Public Health Laboratory within 48 hours of the animal entering the County Shelter or of being euthanized (weekends and holidays excluded).

5. Ensure that for every animal that comes into the County Shelter, staff will identify possible rabies exposures; everyone presenting an animal shall be asked if the animal has bitten anyone within the last 10 days or had any contact with wildlife.

6. Make certain all incoming animals are examined for bite wounds; any animals who have potentially been exposed to rabies shall be managed in accordance with the California Rabies Compendium and in consultation with state and local health authorities.

7. Ensure that staff funded by contract who routinely work with companion animals or wildlife are offered pre-exposure vaccinations against rabies in accordance with recommendations of the Advisory Committee in Immunization Practices.

H. Disposal of dead animals
Contractor will:
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16 1. Accept dead animals brought to the County Shelter by County residents, City and County municipalities, or Caltrans and Contractor shall dispose of such animals.

2. Dispose of dead animals in a lawful manner using an appropriately qualified and licensed disposal company or method.

3. Develop a written disposal procedure that will include at least a weekly pick up of dead animals.

I. Transferring animals into County Shelter

1. If the Contractor desires to transfer animals into the County Shelter from nearby Bay Area animal shelters to assist when such shelters are dealing with an emergency, such as a natural disaster, Contractor shall do the following:
a) Request written approval from the County Program Manager of Animal Control and Licensing Manager or other designated County Contract Administrator. The County will respond to such requests in writing within 3 business days. In the event of a need to house animals for another county during a disaster, the County will respond within 24 hours. If the County grants such approval, the written notice of approval will state the maximum number of animals the Contractor is allowed to transfer in pursuant to that consent based upon factors including available shelter space. Detailed documentation on an appropriate Federal Emergency Management Agency (FEMA) form will be kept to record, on a daily basis, on the number of Contractor staff caring for the animals to include hours worked, along with supplies, as well as number of days sheltered for each animal. This will allow for reimbursement if declared a federal disaster, or reimbursement from other local jurisdictions. b) Periodically, and only as space and resources allow, Contractor may purposefully transfer, house or bring into the County shelter animals from another animal shelter, partner group or agency within or outside the County to be housed in the County Shelter for the s other shelter or location only if a monthly report is sent to the Program Manager of Animal Control and Licensing or their designee outlining the number of animals transferred into the shelter along with each animal s individual animal identification number. If Contractor plans on transferring in more than 30 animals a month Contractor will obtain written approval from the Program Manager of Animal Control and Licensing or their designee. Contractor will reimburse the County and Participating Cities for the costs of vaccines, preventative care, treatment, food, facility use and maintenance, and staff time to care for these animals. The cost will be calculated by the number of days that animal is housed at the County shelter at the rate of $15 per animal per day. This rate may be adjusted annually, based on changes to Consumer Price Index and the Parties will meet and confer before the rate is adjusted. In addition to this daily rate, the Contractor will reimburse the County and Participating Cities for the actual costs of vaccines, flea treatment, dewormer, DTM cultures, canine heartworm and feline FIV/FeLV tests on a per animal basis.

The Contractor will reimburse the County and Participating Cities each quarter of the fiscal year and will provide a report in a form reasonably satisfactory to the County and Participating Cities that details the fees owed pursuant to the applicable daily rate and any other applicable costs to be reimbursed to the County and Participating Cities. This obligation to reimburse the County and the Participating Cities does not apply to situations where an animal needs to be transferred in to the County shelter where the animal is held because of a bite or potential dangerous dog designation and where the incident occurred in San Mateo County, but the animal was first taken to another animal shelter. In such cases, the animal shall in the Chameleon software intake statistics. 283 of 976
17 Contractor will also reimburse the County and Participating Cities at the rate described above and shall reimburse the County and Participating Cities for the above-described expenses for any animal impounded by the nonprofit for a Cruelty case and housed at the County Animal Shelter. Detailed notes by staff must be entered into the Chameleon database (or any successor system) and should describe the reason for the animal being transfer back into the County shelter.

2. In cases where the Contractor transfers an animal back to the County Shelter for any reason, the Contractor will pay for the care of the animal and not use contract funds or staff being paid for by the contract. Detailed notes by staff must be entered into the Chameleon database and should describe the reason for the transfer back to the County shelter.

J. Working with partner groups
Contractor will:

1. Within 6 months of signing this Agreement, develop a Partner Group application for any shelter or Partner Group that would like to apply to take animals from the County Shelter ite.

2. Assign one (1) or more staff members to proactively contact Partner Groups and nonprofit shelters in the County and throughout the Bay Area to encourage them to take animals whose medical or behavioral needs exceed available resources or who would otherwise be better served by being transferred to a Partner Group or to take animals that have been in the County Shelter for more than three (3) weeks past their stray hold or owner surrender intake date. If the Contractor desires, animals may be placed prior to the expiration of the three (3) week hold period. Contractor will decide which animals will be transferred to the Lantos Center for adoption.

3. As an alternative to euthanizing feral cats when cat caretakers are unavailable, will either 1) release the feral cats to an organization that will Trap-Neuter-Return (TNR) the cats, 2) TNR the cats themselves, or 3) develop a plan on how to handle feral cats to improve the live release rate (e.g. implementing a barn or working cat program).

K. Vaccinating, deworming, flea prevention, photos, documentation Contractor will:

1. Complete health assessments of dogs and cats within 24 hours of the animal entering the County Shelter.

2. Complete behavioral assessments of dogs and cats within 4 days of the animal entering the County Shelter (not including the day of intake). Excluded: Dangerous animals, quarantined animals, animals in protective custody, euthanasia requests, exotic animals, fowl.

3. Conduct full body microchip scans and check for other forms of identification at the time of intake for all animals that can be safely handled.

4. Provide a photograph and description of each lost animal through public outreach 284 of 976
18 5. on (breed, sex, and age), health assessment, initial behavioral assessment, microchip, license, rabies, and any other pertinent information in Chameleon Data Management System (or any successor system) within 24 hours of receiving each animal.

6. Document complete behavioral assessment results in Chameleon Data Management System (or any successor system) within 4 days of receiving each animal (not including the day of intake).

7. Provide vaccinations, dewormers, and flea control when an animal enters the County Shelter as appropriate for their species, excluding animals that are unable to be safely handled or animals that are too sick/injured to receive this treatment.

L. Keeping County Shelter clean and disinfected
Contractor will:

1. Always maintain the kennel and animal care facilities in a humane and sanitary condition with a focus on these areas:
a) Cleaning and Disinfection. Use of disinfectants should be limited to those that are proven safe and effective for animal species sheltered at the County Shelter. b) Surfaces and Drainage

2. Maintain stocks of disinfectants based on accepted industry standards to preserve function and effectiveness with regards to temperature and light exposure.

3. Update all written guidelines/documentation for use of disinfectants to reflect current practices as well as industry standards/recommendations.

4. Staff and volunteers shall receive training when guidelines have been updated and documentation of training shall be maintained.

5. Take commercially reasonable measures to maintain a pest-free shelter. Contractor will enter into, pay the costs of, and monitor on a recurring and scheduled contract for pest control services in and around the County Shelter.

6. Have written information available about zoonotic diseases for visitors, adopters and foster care providers.

7. Clearly mark enclosures of animals with suspected zoonotic disease to indicate the condition and any necessary precautions.

8. Provide periodic staff and volunteer training and information on the recognition of potentially zoonotic conditions and the means of protecting others from exposure. This shall be included in the policy and procedures.

9. Ensure the public does not have unsupervised access to areas where animals are isolated for zoonotic diseases.

M. Providing enrichment
Contractor will:

1. Provide kennel enrichment programs that provide every animal with an opportunity to be socialized and reduce stress while in the County Shelter. 285 of 976
19 N. Euthanasia
Contractor will:

1. Provide for the humane euthanasia and disposal of animals determined to be unhealthy, aggressive, or untreatable as determined by California law.

O. Owner-requested euthanasia
Contractor will:

1. Follow the basic matrix definition of Owner-Requested Euthanasia. The basic matrix definition of Owner -Requested Euthanasia can be found at:
https://www.shelteranimalscount.org/docs/defaultsource/dataresources/sac_basicdatamatrix.pdf

2. Contractor will pursue all reasonable measures to verify animal ownership prior to euthanasia.

3. Record and classify animals in the Chameleon software and in Live Release Rate owners with the specific intention of using the Owner Requested Euthanasia service.

When an owner wishes to surrender an animal for adoption and that animal is deemed unhealthy and untreatable, or aggressive
information provided by the owner and the owner elects to surrender the animal for

4. Decline to provide the owner-requested euthanasia service to treatable animals and will instead either accept and treat those animals, provide resources so the owner so they can keep and treat their animal, or refer the owner to another organization that will assist the pet owner, so they can treat the animal.

5. Offer private owner-requested euthanasia (including pet-owner witnessed euthanasia, when requested with regard to non-aggressive animals only) as a service at the County Shelter, if the animal is deemed unhealthy and untreatable, or aggressive.

P. Documentation
Contractor will:

1. Accurately complete, sign, and submit all necessary documentation of compliance in a timely manner.

Q. Adoption of animals
Contractor may:

1. Arrange adoptions onsite at the County Shelter to reduce the length of stay for animals and have other approaches to adoptions such as transferring animals from the County Shelter and moving them to their non-profit shelter or partner organizations for adoption.

There is no set number of animals that need to remain up for adoption at any point in time at the County Shelter.

Contractor will:
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20 2. Ensure that the public cannot come into contact with, or view, bite quarantine animals and aggressive animals that are considered a danger to the public.

IV. FIELD SERVICES
A. Respond to field service calls
Contractor will:

1. Respond to calls for Animal Field Services 24 hours a day, 7 days a week, 365 days a year as set forth in the below-described priority listing, unless otherwise noted below.

Notwithstanding any other provision herein, Contractor shall respond on holidays and after regular business hours (9pm-7am) to call Priority 1 and 2 categories. If no calls in those priorities are pending the staff Contractor will respond to Priority 3 and 4 calls.

2. Contractor may receive and accept requests for service in person, via phone, email, text message, voicemail or fax. Contractor will have policies and processes in place to ensure that text messages, emails, voicemails and faxes are monitored and retrieved in a routine and timely fashion.

B. Priority for Field Activities

1. Priority 1: Immediately respond to all emergency calls of the following types within one (1) hour of the receipt of the call from the reporting party:
a) Imminent threat to a person by an aggressive domestic, exotic or wild animal b) A Public Safety agency request for immediate assistance c) Possible rabid animal
d) Aggressive dog at large, or an aggressive dog that could cause harm to a human or an animal (e.g., an aggressive dog breaking out of a yard or has access off the property) e) A dog that has bitten a human or that has attacked another animal and that remains at large
f) Major injury to dog, cat, or domestic animal
g) An animal in hot car or an animal that is otherwise in immediate danger h) Dangerous animal permit violation that has occurred and the same animal remains a threat to person or property
i) Animals at large causing a traffic hazard (including livestock) j)
k) s life is in danger
l) When juveniles are present at a school grounds any bat, any aggressive animal, animal posing a risk to humans, sick or injured animals, dogs at large, or confined or trapped animal are present on the school grounds.
m) Request by a Public Safety Official or Fish & Wildlife officer to respond to a mountain lion or an escaped exotic animal that is an imminent threat to a person. Handling of these situations will be a joint response between the requestor and the Contractor. Contractor will be acting in an advisory capacity. Contractor is responsible for arranging a third party to 287 of 976
21 handle, transport and/or care for exotic animals. If a third party is retained by Contractor, said third party shall have lead advisory responsibilities. Public Safety Officials and/or Contractor will determine if Fish and Wildlife need to respond to the scene. Contractor will remain on the scene with requesting Public Safety Official until situation is resolved.

2. Priority 2: Respond without unnecessary delay, within (4) hours of receipt of the call from the reporting party:
a) Dog, cat or domestic animal sick, or with minor injury b) Sick or injured wildlife
c) All non-threatening Dangerous Animal permit violations d) Dog or cat in trap
e) Animal in custody (stray confined)
f) Pack of dogs
g) Dead animal at a school between 7:00 AM and 8:00 PM (excluding holidays)

3. Priority 3: Respond without unnecessary delay within a maximum of 18 hours of receipt of the call from the reporting party and as soon as reasonably possible beforehand to the following situations:
a) Animal at large (non-aggressive and non-threatening) in violation of local ordinance b)
c) Reports of animal bites or attacks where there is no longer an animal at large which is an immediate threat to persons or property.
d) Dead animal pick-up
e) Animal bite quarantines

4. Priority 4: Respond without unnecessary delay within 24 hours of receipt of the call from the reporting party:
a) Stray patrol request
b) Owned animal for relinquishment (based on special circumstances or special hardship situation)

5. Priority 5: If there are no calls pending in the other priority categories:
a) Officers will patrol City and County parks and neighborhoods in areas accessible by

6. Ensure that Animal Control and Humane Officers shall impound stray or confined dogs and cats and return them to the owner in the field, or transport to the animal to the shelter, as deemed appropriate by the Officer.

7. Provide a master schedule for Animal Control staff.

C. Enforcement of state and local animal control laws; Municipal code violations Contractor will:
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22 1. Enforce all County and City ordinances pertaining to animals as outlined in Chapters

6.04, 6.12 and 6.16 of Title 6 of the San Mateo County Ordinance Code and enforce state statutes where applicable, except for number of animals per household or barking dogs, which are referred to the respective overseeing agency (code enforcement or law enforcement).

2. Uniform Ordinances and Citation Authority. County shall encourage the Participating City jurisdictions shown on Exhibit D to adopt and maintain animal control ordinances and fee schedules that are materially equivalent to the County control ordinance and fee schedule. The animal control ordinances for all jurisdictions shown on Exhibit D should be substantially the same as the provisions of Chapters 6.04,

6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as amended, to be effective within the city limits. The fee schedule shall be the same as outlined in Chapter

6.04.290 of the San Mateo County Ordinance Code.

3. Enforcement of city ordinances which differ materially from the County ordinance need not be enforced by Contractor unless Contractor agrees that the ordinance does not conflict with its mission, and the city and Contractor mutually agree on the cost of services. Participating Cities agree to provide notice to Contractor of any changes to their City codes that would relate to additional or different Contractor responsibilities under this Agreement.

4. Upon request by a Participating City, the County, or residents of a Participating City or the unincorporated County, investigate complaints of animal related public nuisances, to those ordinance code violations enumerated in Chapter 6.04 of Title 6 of the San Mateo County Ordinance Code and similar city ordinances, with the exception of complaints regarding barking dogs.

D. Citations
Contractor will:

1. Develop a voidable animal license citation process for license violations, that affords the animal owner 30 days in which to register for a license and have the citation voided.

Specifically, on all complaints involving stray or loose animals, municipal complaints and quarantines etc., if the animal owner living in San Mateo County does not have their animal licensed in San Mateo County, the ACO will issue a voidable license citation to the animal owner.

2. Ensure that ACO/Humane Officers issue administrative and non-administrative citations for City, County or State violations. Written warnings can be issued for first offense minor violations only if the ACO/Humane Officers follow up within two weeks to ensure compliance with the written warning.

3. Record all citations and written warnings in the Chameleon (or any successor system) software system.

E. Impoundment of animals
Contractor will:

1. Impound all dogs caught at large, scan all dogs and cats, that are safe to handle, for microchips in the field and provide for field return to owner as deemed appropriate by the Animal Control Officer.
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23 2. Except when responding to a Priority 1 or Priority 2 call or when responding to a Priority 3 or Priority 4 call in order to meet expected response times, ensure that when Animal Control Officers observe a violation of the Participating City or County ordinance, the Animal Control Officer will stop, contact the animal owners, and take appropriate actions, such as a written warning for first offense, or the issuing of a citation for subsequent violations.

3. Investigate and follow up with impoundment, citation, search and seizure warrant for animal bites, vicious/dangerous animals, and attacks in conjunction with respective City Attorney or County Counsel and/or County District Attorney.

4. Contractor shall impound animals in the regular course of its enforcement of City and County ordinances as necessary to protect the safety of persons and property, or the animal. In addition to its ordinary impoundment responsibilities under this Agreement, if Contractor receives a specific request from a City and/or County law enforcement agency, Contractor shall promptly impound any animal, whether the animal is on public or private property. Contractor shall obtain any necessary consent or warrant as required by law for all impoundments. In exigent circumstances, in which a warrant is not required because personal or public safety is at imminent risk, Contractor shall impound the animal immediately. However, in the event that Contractor determines that a warrant is necessary for the impoundment, Contractor shall promptly seek such warrant and take all steps necessary to ensure that the animal is secured in such a manner that it poses no threat to the safety of any person pending the impoundment.

In those limited situations in which Contractor reasonably believes that there is no violation, seizure is unlawful and there are no grounds for seeking a warrant despite the request by City or County law enforcement,
respective City (or County Sheriff or designee if applicable) and the County Animal Control Manager or designee, if available within one hour. If the City or County representatives are not available and/or there is still disagreement, and City or County law enforcement still requests impoundment, City or County law enforcement will seize the animal, and Contractor with thereafter take custody of the animal and impound the animal at the shelter. In these situations only, if the City or County law enforcement officer believes that a warrant should be applied for, but Contractor does not believe there are grounds for such warrant, the law enforcement officer shall supply the affidavit for such warrant and, at the request of the City or County law enforcement officer, Contractor shall seek the warrant from the court.

5. Contractor shall not release any impounded animals unless the owner of such animal, or another individual with express verbal or written authority from the owner to pick up the animal (and such authority has been directly conveyed to Contractor from owner), the relevant impoundment, emergency
medical treatment, and licensing/permit fees to redeem said animal. Fees may be billed under certain circumstances as outlined in Exhibit A. - VI. Operations D. Administration 1 Financial Systems.

F. Transport of sick, injured animals
Contractor will:
290 of 976
24 1. Ensure the transfer of any injured or sick animals to the animal shelter or veterinary emergency hospital, or ensure that the owner (if present) of the animal seeks medical treatment.

G. Field euthanasia
Contractor will:

1. Ensure that if euthanasia is necessary for a sick or injured wild animal while it is in the field, the euthanasia shall be conducted by trained personnel with necessary equipment.

This service shall be available twenty-four (24) hours a day, seven (7) days a week, 365 days a year.

H. Investigations for animal bites, dangerous & vicious animal cases Contractor will:

1. Conduct thorough investigations of dangerous or vicious animals, which shall include interviewing witnesses, collecting evidence, writing reports, taking photos, requesting related information and securing search warrants to impound a vicious or dangerous dog, making initial designations as dangerous or vicious, and testifying at hearings. This investigation should be completed, and the report and all supporting information presented to the County, at least three (3) calendar days ahead of the scheduled hearing. will follow the applicable
County and Participating City ordinances.

2. Investigate municipal code violation complaints within the jurisdictional boundaries of the Participating Cities and the unincorporated County
as outlined herein. This includes, but is not limited to, interviewing witnesses, collecting evidence, taking photos, writing reports, requesting related information and securing search warrants, issuing citations, and participating in hearings or court proceedings as needed for potential impoundment and/or prosecution. Officers will work closely with the City Attorney or County District Attorney as applicable.

I. Removal of dead animals
Contractor will:

1. Remove dead animals from the public right-of-way, except freeways and/or highways, which are maintained by CALTRANS.

2. Remove stray dead domestic animals from private property for no charge.

3. Remove owned domestic dead animals at the request of owner with a charge to the member of the public requesting the service, as set forth in the Fee Schedule. All such fees collected by the Contractor shall be remitted to the County.

4. Pick up and dispose of any dead animal on any street, sidewalk, school, or other public property.

5. In cases where animal contact meets the criteria for rabies testing, pick up dead or live wildlife on private property. In cases where animal contact meets the criteria for rabies testing, the Contractor will follow the rabies testing protocol. 291 of 976
25 6. Dispose of dead wildlife or domestic dead animals that are brought to the shelter. If a commercial wildlife removal or pest company wants to dispose of dead animals, they will have to enter into a contract with the County to pay for disposal fees.

7. If Contractor is unable to safely remove a dead animal, Contractor will hire a qualified third-party using contract funds to remove the dead animal.

J. Quarantine of animals
Contractor will:

1. Quarantine biting animals and enforce State Codes, California Rabies Compendium, and County guidelines relating to rabies control. This includes providing state-mandated rabies clinics.

2. Work with San Mateo County Health to jointly determine when an in-home bite quarantine is appropriate and will be made available.

K. Dispatch
Contractor will:

1. Provide radio dispatching to the field between the hours of 8:00am and 6:00pm on Monday through Friday and 8:00am and 5:00pm on Saturday, Sunday, and Holidays.

2. County shall provide radio dispatching to Contractor between the hours of 6:00pm and 8:00am Monday through Friday and 5:00pm and 8:00am Saturday, Sunday, and Holidays. The Contractor will pay the annual cost for County Radio Dispatch using funds paid to Contractor pursuant to this Agreement.

3. Have a system for phone calls to roll to another person in order to answer calls from the residents for the County. If there is more than one (1) Dispatcher on shift, the phone lines will be set up so the calls coming in roll between the multiple phones.

4. Have a line for law enforcement, fire, and other government officials to call on at all times when the contractors dispatch is open if they need service from the Contractor.

5. County shall maintain County-owned radio equipment as denoted in Attachment M County-Owned Radio Equipment.

V. VETERINARY MEDICAL SERVICES
A. Provide veterinary care for animals
Contractor will:

1. Make medical decisions that balance both the best interest of the individual animals requiring treatment and the County Shelter population.

2. Ensure that the County Shelter medical services include, but are not limited to: animal exams, vaccinations, microchipping, dispensation of medications, disease prevention, surgeries (e.g. enucleations, amputations and wound repairs), emergency care of injured animals, euthanasia and coordination with other local, state and national agencies. 292 of 976
26 3. Ensure that medical staff regularly monitor the status of individual animals and the population as a whole.

4. Have and apply written disease prevention and response policies and procedures.

Disease response procedures should include measures to minimize transmission to unaffected animals or people and should ensure appropriate care of the affected animals.

Procedures should include a treatment plan where decisions are based on a range of appropriate criteria, including the ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the likelihood of placement after treatment, the number of animals who must be treated and the expense and resources available.

5. Ensure that there is preventive health care appropriate for each species and include protocols that strengthen resistance to disease and minimize exposure to pathogens.

6. Ensure that medications and treatments are only administered with the advice of a veterinarian or in accordance with written protocols provided by a veterinarian, and all drugs are dispensed in accordance with federal and state regulations.

7. Whenever possible, ensure all veterinary care and treatments are recorded in Chameleon (or any successor system).

8. Microchip and spay/neuter all animals for adoption prior to pick up by new owner, as required by law, unless a veterinarian determines the procedure is not safe for the a

9. Have written policies regarding care and treatment of injured and sick animals and that are in alignment with State or local laws and address.

B. Veterinarian medical licensing/registration
Contractor will:

1. Maintain current premise permits and meet all veterinary licensing requirements as specified by the California Veterinary Medical Board and California and federal law.

2. Maintain licensure to dispense and supply shelter and field services staff with the controlled substances necessary for performance of field captures and euthanasia, including the monitoring and security of such substances.

3. Ensure that veterinary staff meet certification and/or license requirements set forth by the State of California. Staff includes veterinarians, registered veterinary technicians, and other licensed or certified personnel.

C. Medical examination, treatment, and medication
Contractor will:

1. Ensure that the veterinary staff 1) perform a medical examination upon arrival for all sick/injured animals, 2) direct and monitor the care of injured and/or sick animals, 3) adheres to and directs procedures to reduce or respond to the outbreak of infectious diseases, and 4) provide a medical exam for all animals (except those needing emergency care) within 24 hours of arriving at the shelter.

2. Provide for laboratory services including stool examinations, cytology, urine analysis, heartworm tests, FELV/FIV tests, electrolytes measurements, and blood counts, among other testing.
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27 3. Ensure adequate and appropriate administrative controls are in place to monitor medications and medical supplies.

VI. OPERATIONS
A. Personnel

1. Staffing
Contractor will:
a) Hire personnel that are fully-qualified, authorized, licensed or permitted under applicable State and local law to perform such services.

2. Contract Funding of Staff
Contractor will:
a) Ensure all shelter, field, facilities and veterinary-related staff and managerial positions funded 100% by the Contract, spend 100% of their time working at the County Shelter, or providing other services to the County and Cities pursuant to this agreement (excluding disaster work, training, or meetings.) If one of these staff member works less than 100% of their time at the County shelter, the percentage of hours worked under the items of this Contract will be documented on a timesheet/time clock. Hours worked at another location will not be charged to Contract funds.
the County shelter and other sites, Contractor shall prioritize services denoted within this agreement. Contractor will include with the monthly invoice a report of the FTE hours worked at the County shelter by these staff members. An organization chart will be sent to the County annually that shows the Contractors entire organization including the percentages of time staff paid by the County shelter.

3. Training
Contractor will:
a) Annually provide a training plan that includes any certifications required by State laws. b) Be responsible for providing fully trained personnel in all aspects of performance, including proper animal care, animal handling, and enforcement procedures and techniques. c) Ensure all ACOs complete Penal Code 832 Arrest course or be appointed pursuant to California Corporations Code Section 14502 as Humane Officers, issue citations, receive ongoing training and maintain proper education, experience and/or certification within one (1) year of hire.
d) Ensure all ACOs pass approved baton training at earliest feasible opportunity. No ACO shall use a baton until trained.
e) Require all ACOs to be certified to perform euthanasia by injection as defined by California law. All ACOs will complete required training per state law. f) Require all staff that perform animal euthanasia to be trained pursuant to State law. g) Require staff members that have access or review documents, such as bite reports and human medical records, to complete HIPAA training.
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28 4. Volunteer Program
Contractor will:
a) Have an active volunteer program to support the Animal Care and Control program and related activities. The County encourages the use of volunteer support in all aspects of the program unless prohibited by State law. The volunteer program will be guided by policies and procedures similar to
b) Contractor should work to increase the volunteer to staff ratio as may be deemed appropriate by Contractor for specific programs.
c) Carry insurance on volunteers, including coverage for volunteers at the shelter including but not limited to their interaction with animals.
d) Outline how they will recruit and coordinate volunteers and assigned activities. e) Track volunteer hours and report numbers annually to the County. f) Outline which tasks the volunteers will be assigned to complete at the shelter.

B. V.6.4. Vehicles

1. Acquiring /Replacement
Contractor will:
a) Utilize funds paid to Contractor pursuant to this Agreement to acquire or replace vehicles.

2. Vehicle Maintenance and Repair
Contractor will:
a) Provide proof of automobile liability insurance covering all Contractor staff utilizing vehicles pursuant to this Agreement.
b) Be responsible for all vehicle maintenance and repairs to be paid out of funds paid to Contractor pursuant to this Agreement.
c) Utilize and maintain existing and replacement vehicles assigned for animal control activities.
d) Provide a quarterly maintenance and repair report listing all vehicles and the service received.
e) Ensure all vehicles receive routine maintenance as required by the manufacturer. f) Maintain all of the vehicles such that they remain in a safe, professional condition at all times. Records must be kept on all maintenance problems and mileage. g) Keep vehicles in good repair and ensure that there are no dangers to animals inside the vehicles that could cause injury such as sharp edges, gaps in doors etc. h) Clean and disinfect after an animal has been transported in the vehicle. i) Ensure all vehicles are kept clean on the inside and outside.

C. Procurement

1. Inventory
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29 Contractor will:
a) Maintain and provide to the County, within thirty (30) days of execution of this Agreement, a current inventory of all equipment paid for with non-contract Funds owned by Contractor or paid for in part with non-Contract Funds, used at the shelter and having a current fair market value of $1,000 or more. Provide to the County, within six (6) months of signing the Agreement, an inventory of all durable equipment purchased using contract funds and having a current fair market value of $1,000 or more.

2. Computer Hardware and Software
Contractor will:
a) Be responsible for the provision and replacement of County-owned hardware and software using contract funding, grants or private funds as long as all of the computer hardware located in the County Shelter purchased using contract funds is considered the property of the County. Items owned by the County will be listed in the annual inventory. b) Maintain an inventory of purchased hardware and software. c) Be responsible to provide server, internet connectivity and equipment to operate all computers within the shelter. This will include the set-up of the service for the equipment.

3. Operating Supplies
a) The Contractor shall be required to purchase all operating supplies for the purpose of any service provided under the terms of the contract with contract funds, County-directed donations or other funding sources directed solely to the County Shelter; the supplies will be and remain the property of San Mateo County.
b) County shall provide animal licensing tags for dogs, cats, animals held under a Dangerous Animal Permit, and animals designated as Service Animals.

D. Administration

1. Financial systems
Contractor will:
a) Have in place a process and have the capability to provide billing and provide activity reports to the County.
b) Contractor will not release any impounded animals unless the owner of such animal, or another individual with express written or verbal authority (such verbal authority having been conveyed to Contractor directly from owner) to represent the owner, appears at the Contractors facility, and pays all applicable impoundment, emergency medical treatment, and/or licensing/permit fees to redeem said animal. Exceptions may be made where efforts safety of its staff, volunteers or facility. Contractor will alert the program manager of Animal Control and Licensing regarding the threat of harm to the staff. c) Contractor will require license fees to be paid before the animal leaves the shelter. d) Contractor will bill the responsible party if it is reasonably determined that they cannot pay the required fees at the time an animal is released. Contractor will use every effort to confirm that the responsible party is unable to pay fees. In the case of unaltered dogs, cats and 296 of 976
30 rabbits, fees will only be billed provided the responsible party agrees to have the animal spayed or neutered prior to the animal being released from the shelter. e) Fees will only be transferred to the County for billing as a last resort. Any time a responsible party is billed, the responsible party shall be provided a detailed and clear itemized list of fees, as well as a letter on San Mateo County Health Department letterhead explaining how to pay owed fees and the potential for collections actions to follow.

2. Financial Audit & Operational Audit
Contractor will:
a) Provide periodic updates on the annual external audit process, including information on the process which will be used to ensure the completion of audits. The completed written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year.
b) Annually hire an independent auditor, who will conduct a fiscal year audit of all expenses and revenues and services noted above. The auditor must document and express an opinion on program revenues, expenses and units of service and must conduct audit in accordance with generally accepted auditing standards. The audit report shall also express an opinion regarding compliance with the financially related terms of the Agreement. c) After completion of the audit, allow County or City personnel, or consultant to speak directly with the auditors in a joint session with Contractor. d) Contractor shall use all commercially reasonable efforts to achieve economy, efficiency and effectiveness in performance of the services provided. Contractor and County will meet on occasion, as requested by County, but not to exceed more than once per year, to consider revisions which may be needed to the reporting forms created to document performance of the services provided. At any time during the term of this Services Agreement, but not to exceed one time annually, County may request, and Contractor shall provide additional detailed information concerning services performed under this Agreement for the purpose of a performance audit. The County shall make every effort to follow Generally Accepted Government Auditing Standards (GAGAS). e) At any time during normal business hours and as often as the County may deem necessary, allow the County and/or representatives of the County to observe all staff and volunteers in all areas of the County Shelter operation. County/City and/or representatives/contractor shall reasonably conduct themselves so as to not impede regular operations or functions. At no time will the County/City and/or representatives/contractor of the County direct the work of any Contractor staff in any manner. f) At any time during normal business hours, with 24-hour notice from the County, and as often as County may deem necessary, provide to the County and/or representatives of the County records for examination with respect to all matters covered by this Agreement. Any records (e.g., personal employment) that would require notice to interested parties, shall be so noticed to the extent required by law prior to disclosure. Notice to Contractor shall not be required if the County has evidence of fraud or other misuse of contract dollars on the part of the Contractor; provided, however, that Contractor does not waive any privacy rights that individual employees may have. Nothing in this Services Agreement shall be construed as granting County any right to make copies, excerpts or transcripts of information unrelated to the Services Agreement without the prior written consent of Contractor. 297 of 976
31 3. Documentation
Contractor will:
a) Maintain for at least four (4) years after contract termination, and provide to County, or authorized representatives, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Services Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.
b) Maintain for at least four (4) years after contract termination, and provide to County as requested records of animals impounded including the description of animal; date of receipt; date and manner of disposition; treatment received; name and address of person who redeemed animal; and fees, charges and proceeds charged and collected for redemption.

Contractor will provide information regarding adopters and fees for those animals adopted at the County Shelter. Contractor shall record all vaccinations. c) Maintain a complete record on each animal within the Chameleon (or any successor system) database.

4. Quality Improvement
a) Contractor shall have a Quality Improvement program to ensure maintenance of key documents, reporting, scheduling services and activities, staff performance, and customer service.

E. Public services

1. Contractor agrees to convene a Participating s Group at a minimum of once per year over the term of this Services Agreement.

2. President of the organization, and a committee of Participating City and County elected officials upon request, at a minimum of once per year during the term of this Services Agreement to review work covered herein.

3. Contractor agrees that the President, Senior Vice President of Operations, Senior Director of Operations will meet monthly with the Program Manager of Animal Control and Licensing.

4. When the County responds to a public records request, it will also provide an exact copy to Contractor of the documents disclosed to the member of the public.

5. Contractor agrees to present an annual report and supporting documentation to the Board of Supervisors that addresses the performance of the contracted services set forth in this Agreement.
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32 6. Public services include, but are not limited to: staffing the call center, providing and running a website, reunification of lost animals with owners, animal adoptions, animal transfers to partner organizations, adoption promotions, licensing services, vaccination and microchip clinics, media inquiries, citizen complaint resolution, public education and outreach, utilization of volunteers, and coordination with other local, state and national agencies. Services also include the proper collection and handling of financial transactions associated with fees, fines, donations, and contract payments.

7. Contractor will provide quarterly communication updates to the County and Cities for public release on their websites and within social media. This should include any information for residents on services provided by the Contractor.

Contractor will:

8. Issue animal licenses and or required permits and collect applicable fees for dogs and cats that are encountered at the County shelter.

9. Provide public hours at the County Shelter as follows: Shelter will be open 7 days a week with a minimum of 8 hours per day Monday-Friday (e.g. open 11:00AM-7:00PM) and 6 hours (e.g. open 11:00AM-5:00PM) per day on Saturday and Sunday. The shelter can be closed on major holidays (see attachment L Peninsula Humane Society Holidays), provided, however that on such holidays, Contractor shall maintain the minimum staff necessary to care for the animals and respond to field activities. Shelter will be cleaned by 11 am and ready for public to enter during business hours.

10. Provide method(s) for customers to find and claim lost pets through the website, call center, notification by mail and telephone.

11. Promote adoptions and licensing through a variety of outreach strategies, including public education and outreach opportunities that contribute to increasing the live release rate and decreasing pet overpopulation.

12. Ensure customers are provided with exceptional customer service by achieving a positive customer satisfaction rating according to a survey to be developed in conjunction with County approval and administered annually. The survey must include a customer feedback component to ensure continuous improvement.

13. Develop and maintain acceptance, tracking and resolution procedures for customer service complaints received regarding Animal Services. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48 hours of receipt, with intent to resolve within a reasonable period. County will be advised for sensitive or unusual complaints.

F. Provide monthly low-cost vaccination clinics at the shelter Contractor will:

1. Hold at least one (1) monthly low-cost vaccine clinic at the County Shelter for the residents of San Mateo County. The Contractor shall sell licenses at the monthly low-cost vaccine clinics and all fees collected at the clinic will be remitted to the County.

G. Issuing licenses
Contractor will:
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33 1. Provide online information on how pet owners can license their pets to include locations for purchase and web addresses.

2. Issue replacement tags to dog owners whose license tags are lost, stolen or damaged, for applicable fee.

3. License and/or issue required permits and collect for County all applicable fees for all dogs and cats that are encountered at the County Shelter as required by applicable ordinance.

4. Issue a one (1) or three (3) -year option for dog licenses to the general public as required by applicable ordinance/law and collect applicable fees for County.

5. Provide an online option on the website (https://www.petdata.com/ URL etData, Inc.) to license or renew animal
licenses.

6. Properly handle the collection, deposit, remittance, and refund of all money associated with service fees, fines, and contract payments.

7. Collect all fees documented in the ordinances.

8. Contractor shall remit to the County monthly any and all fees collected, pursuant to ordinance, as well as, vaccine and microchip clinic fees, and animal licensing fees.

H. Software
Contractor will:

1. Utilize the Chameleon (or any successor system) software and database animal sheltering information system for the purpose of tracking all animal intakes and dispositions, behavioral notes, all medical conditions and treatment (with the exclusion of some medical notes that are unable to be added to the database and can be handwritten), notes made by volunteers may be hand written, animal control field activities, animal control citations and written warnings, animal bites and bite quarantines and other data relevant to the management of the animal services operation. Contractor shall provide copies to the Participating Cities/County or contractor all written notes as well as data within the Chameleon (or any successor system) software upon request.

2. Be responsible for paying all of the Chameleon (or any successor system) software system fees for work related to the contract, including the County licenses, using contract funds. The Chameleon (or any successor system) license will list San Mateo County and Peninsula Humane Society & SPCA as the database owners. In the event of contract termination or expiration, each party shall receive an exact copy of the database information, and if any technical problems arise regarding that goal, each party agrees to use best efforts to achieve this result.

3. on (or any successor system) shall be
utilized for private individuals who have adopted a pet with the intention that the animal is to be their permanent pet or the permanent pet of their friend, partner or relative. The (or any successor system) shall be utilized for Partner Group organizations and their designees that plan to temporarily hold the animal until it can be adopted to a private individual or that plan to provide a hospice type service for the animals.
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34 4. Ensure every live animal goes through an intake process where a photo and description of each animal is added to the Chameleon (or any successor system) database. Core vaccinations, deworming and any necessary flea treatment for animals to be sheltered shall also be administered and documented in Chameleon (or any successor system) during the intake process. The photos of all stray animals impounded at the County Shelter shall be made available for viewing by the public on the lost and found website page during the stray hold period. The photos of all adoptable animals past any necessary stray hold period kept at the County Shelter shall also be made available for viewing by the public on the Contractor

5. Ensure all owner contact information and attempts to contact the owners of animals wearing a license or identification tag, a microchip or any other kind of identification must be recorded in Chameleon (or any successor system). Behavior notes and all other information regarding the animal shall also be recorded in Chameleon (or any successor system).

6. Contractor will record in the Chameleon database Activity Record field responses with staff going on scene to the location of the activity differently than they will non-field responses, such as leaving phone messages, phone conversations, radio conversations, mailing letters, or any other activities performed when staff is not physically on the scene of the location of the activity. Recording field and non-field responses differently will allow accurate response reports to be generated. Response time reports for the City/County will only include field service calls when field staff is dispatch to a scene to handle a priority 1-5 call. It will include the time call was received, time dispatched, time the staff arrived on the scene and time the staff cleared the scene and what action the staff took.

7. Ensure all dogs, cats, puppies and kittens in a litter, weaned or not weaned, shall always be provided with an individual animal ID number in Chameleon (or any successor system) that is counted in both intake and outcome statistics.

I. Disaster response
Contractor will:

1. Coordinate with County in the event of a disaster/declared state of emergency.

2. Provide assistance to residents, local law enforcement, fire agencies and the County of San Mateo Office of Emergency Services to evacuate, shelter, and care for animals in the event of a disaster.

3. County

4. Work with other groups within the County during a disaster to ensure animals are safely evacuated and proper care is provided.

5. Ensure that staff or a third-party organization is available to respond to a disaster and are trained in the handling and care of all animal species within the County.

6. Ensure that each staff member responding to the disaster completes necessary FEMA forms.

7. Participate in a minimum of one (1) full-scale disaster exercise with San Mateo County Health or the Office of Emergency Services annually.
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35 8. When staffing is available, supply 1-2 staff members during disasters that can rotate into the emergency operations center as needed by the County.

9. Ensure that all staff and volunteers responding to the disaster have completed ICS 100 & 700, as well as trained to the animal care and handling standards of the Contractor.

10. Train with other non-profits and groups in the County on evacuations, sheltering set ups and communications during a disaster, etc.

J. Mutual Aid
Contractor will:

1. Respond during a disaster in other Counties when requested by the San Mateo County Emergency Operations Center. Shelter and Field services must continue to operate in San Mateo County when providing support to other jurisdictions. Contractor shall use reasonable efforts to make staff available to assist with mutual aid, as requested and, when the Contractor reasonably determines that it is unable to do so, shall promptly provide a detailed written explanation of why it is unable to do so.

2. Contractor will work directly with San Mateo County Health and EOC during a disaster for mutual aid needs or supplies.

K. Recovery
Contractor will:

1. Work with animal owners on the pickup of their animals that have been cared for during the disaster. Thirty (30) days of Shelter fees can be waived by Contractor due to the disaster and include documentation in the database. If that animal needs to be held longer and more fees should be waived, Contractor will get approval from the County.

2. For those animals that owners wish to relinquish, the Contractor will look at alternative placement options for the animals such as adoptions, foster homes, or partner groups.

3. Plan Continuity of Operations Plan (COOP)

4. Within six (6) months of signing the agreement, Contractor will create a COOP for the provision of all contracted services in the event of a natural disaster or other significant unanticipated event that might otherwise disrupt services. Plan to be provided to the County annually.

VII. REPORTING
Provider will provide the following reports as specified within the required time period.

Monthly Reports DUE

1. Live animal intake kennel statistics (counts and
percentages) by:

Animal, including dogs, cats, other domestic
animals, and wildlife, Intake type, including
owner-surrender, confiscated, stray, ownerrequested, Outcome, adoption, reclaim, transfer, euthanasia, died, missing, owner-requested
Upon Invoicing
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36 euthanasia, etc. by Jurisdiction and summarized

2. Dead animal statistics (counts and
percentages) by: Animal, including dogs, cats,
other domestic animals, and wildlife
Upon Invoicing

3. Field pick-up and drop-off: Jurisdiction and
summarized, Patrol calls and response times by
priority to include jurisdiction of the call and
outcome
Upon Invoicing

4. Field activities response times are to be
calculated from the time of the call for field
service to when the Animal Control Officer arrive
on the scene of the field activity. Report should
include the minimum time, maximum time,
average time, targeted time percentage per
priority, both summarized and by jurisdictional
location, and results.

Upon Invoicing

5. List of citizen complaints by jurisdiction and
category, timeline for resolution, and associated
outcome.

Upon Invoicing

6. Number of citations issued, categorized by
ordinance and jurisdiction.

Upon Invoicing

7. Number of voidable license citations issues
and number voided with the purchase of a
license.

Upon Invoicing

8. Revenues collected by jurisdiction and type
and summarized.

Upon Invoicing

9. Financial reports reflecting budget to actual
comparison information for revenues and
expenditures by line item. As an addendum to the
financial report, a narrative outlining any
foreseeable issues or operational changes that
the Contractor believes may be necessary for
approval by the County.

Upon Invoicing

10. Staff report on FTE percentage of hours
spent at the County shelter.

Upon Invoicing

Quarterly Reports Due

1. License sales performed by Contractor by
species and type and jurisdiction with summary.

Upon invoicing for January, April, July, October

2. Rabies vaccination and microchipping clinics
statistics, with summary of total vaccinations
administered by species and type.

Upon invoicing for January, April, July, October

3. Dangerous & vicious animal cases by
jurisdiction and outcomes.

Upon invoicing for January, April, July, October

4. Animal Control/Humane Officer training Upon invoicing for January, April, July, October

5. Humane Investigation report to include number
of calls, contacts, notices, citations, and number
of cruelty/neglect cases submitted to the District
Attorney/City Attorney for prosecution with
outcome.

Upon invoicing for January, April, July, October
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37 6. Maintenance and repair report listing all
vehicles and the service received.

Upon invoicing for January, April, July, October

Annual Reports Due

1. All monthly and quarterly statistics listed above
compiled for an annual summary of animal
statistics
Prior calendar year upon invoicing for February

2. Medical services staff training--list of staff, type of training, and dates of completion.

Prior calendar year upon invoicing for February

3. Field officer training - list of staff, type of
training, and dates of completion.

Prior calendar year upon invoicing for February

4. Animal care staff training - list of staff, type of
training, and dates of completion.

Prior calendar year upon invoicing for February

5. Annual dog and cat statistics in basic matrix
format, including live release rates and the live
release rate formula used.

Prior calendar year upon invoicing for February

6. Annual financial audit statement. December 31st of the current year

7. Customer satisfaction rating survey results. Prior calendar year upon invoicing for February

8. A Continuity of Operations Plan (COOP) for
the provision of all contracted services in the
event of a natural disaster or other significant
unanticipated event that might otherwise disrupt
services.

Prior calendar year upon invoicing for February

9. A written cost allocation methodology
procedure. Methodology should consist of items
such as how direct services, such as field and
shelter personnel and supplies, cost are
distributed vs administration personnel that may
be used for other than County contract related
services, if applicable.

Prior calendar year upon invoicing for February

10. A list of all current employed personnel by
position paid for in full or part by the Contract with
the salary/benefits and percent of FTE for each.

Prior calendar year upon invoicing for February

11. Personnel Organization chart with the
percentage breakdown of FTE positions and
number of . For those personnel whose
responsibilities extend beyond the contract, the
organizational chart will indicate the percent of
full-time equivalence assigned to each staff
member for the contract that will be correlated
with the amount funded by the contract.

Prior calendar year upon invoicing for February

12. Detailed budget narrative outlining estimated
revenues and expenditures for operating and
capital needs, explanation of operational and
financial changes requested from the prior year,
major operation strategy shifts, and any other
items necessary to provide the County with an
understanding of the proposed spending plan for
Current fiscal year upon invoicing for August
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38 the following year.

13. Current policy and procedures (SOPs). Prior calendar year upon invoicing for February

14. Contractor will notify the County by January
31st of each year the number of bite quarantines
handled for the past calendar year, broken down
by city, compared to the average number of
quarantines for the prior three (3) calendar years
and include data on in-home vs. shelter.

Contractor will provide statistical information to
the Animal Control & Licensing Manager
sufficient to allow for completion of the Local
Control Rabies Activity Report required by the
State of California. The past years rabies
information to be provided to the County no later
than February 15th of each year.

January 31st and February 15th for prior calendar year

15. Provide the County with an inventory list of
County owned equipment.

Prior calendar year upon invoicing for February

16. Number of spay/neuter surgeries provided to
San Mateo County residents, transfer partners
and shelter animals, number of spay/ neuter
surgeries provided to residents outside of San
Mateo County, divided by category, and total
spay/neuter surgeries.

Prior calendar year upon invoicing for February

17. Humane Investigation report to include
number of calls, contacts, notices, citations, and
number of cruelty/neglect cases submitted to the
District Attorney/City Attorney for prosecution with
outcome.

Prior calendar year upon invoicing for February

18. Number of volunteers, hours and tasks
performed.

Prior calendar year upon invoicing for February

19. Provide the County with an itemized list of all
County fees collected.

Prior calendar year upon invoicing for February

20. Number and type of disaster trainings
conducted, both within their organization and with
other groups in the County.

Prior calendar year upon invoicing for February

21. Contractor to provide annually a detailed
outline of what they will provide or do for kennel
enrichment for all animals housed at the shelter.

Prior calendar year upon invoicing for February

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39 VIII. PERFORMANCE MEASURES
Incentive Performance Measures

1. 85% of stray and owner-surrendered animals that go through their stray hold will be moved to a positive outcome within three (3) weeks of entering the shelter. Detailed description of reasons for not meeting this objective is required for animals not moved within three (3) weeks (with the emphasis looking to improve the positive outcome over the duration of the contract). Dangerous animals, quarantined animals and animals in protective custody are excluded.

2. 95% of rabies specimens will be delivered to the San Mateo County Public Health Laboratory within 48 hours of arriving at the shelter. Detailed description is required in the notes in the Chameleon (or any successor system) software for animals not delivered within 48 hours

3. 95% of all animals entering the shelter will be administered vaccinations, dewormer, and flea control as appropriate for their species.

4. All animals receive a health assessment within 24 hours of the animal entering the shelter.

5. All dogs and cats receive an equitable full behavioral assessment no longer than 96 hours of the animal entering the shelter (not including the day of intake). Detailed description is required for animals not receiving a complete behavioral assessment. Excluded: Dangerous animals, quarantined animals, animals in protective custody, euthanasia requests, exotic animals, and fowl.

6. 95% of all priority 1 calls are responded to within 1 hour of the reporting party calling Dispatch.

7. 95% of all priority 2 calls are responded to within 4 hours of the reporting party calling Dispatch.

8. 90 % of all priority 3 calls are responded to within 18 hours of the reporting party calling Dispatch.

9. 85% of all priority 4 calls are responded to within 24 hours of the reporting party calling Dispatch.

10. Monthly reporting of the number of citations issued to animal owners. A detailed explanation is required for ±15% variation in the measure.

11. Monthly reporting of the number of citations voided due to license purchase.

12. Provide monthly reporting on the number of animals euthanized in the field by species type and jurisdiction.

13. 100% of investigative reports including available witness statements, photos, videos, veterinarian bills, medical bills, bite reports, and police reports to the County within 3 calendar days prior to a hearing, excluding weekends and holidays.

14. 90% of dead animals are removed within 18 hours.

15. 90% of all quarantines will be responded to within 18 hours of the reporting party either calling Dispatch or a faxed bite report being received.

16. Dispatchers answer 90% of calls to Dispatch in less than 2 minutes and have no more than a 10% abandoned call rate.

17. Contractor will report quarterly and annually how many cruelty cases have been investigated and the number of cases sent to the District Attorney or City Attorney for prosecution.

18. All live animals entering the shelter with a non-urgent medical issue are examined by veterinarian/technician within 24 hours. Examinations may be visual for animals that are unsafe to handle. A detailed explanation is required for ±10% variation in the measure.

19. All officers will be trained as per state law within 1 year of hire date.

20. All staff that have access to human medical documents must be HIPAA trained by the Contractor within 30 days of hiring.
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40 21. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48 hours of receipt, with intent to resolve within a reasonable period. No more than a 10% variance

22. 5% increase in the number of pets receiving a rabies vaccination at monthly vaccine clinic based upon

23. Number of pets receiving a license during the vaccine clinics shall increase 10% each year by using a baseline the prior fiscal year and for each consecutive year throughout the term of the contract.

24. Contractor shall only report out for response times those field activities logged into Chameleon (or any successor system) those that are dispatched to field staff and when they arrive on scene to the location of the activity. If other field services activities, such as phone calls, emails or text messages are logged into Chameleon (or any successor system) they will not be counted in the response time report.

25. Written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year.

Non-Incentive Performance Measures

26. All received animals will receive a microchip scan. Detailed description is required for animals not receiving a microchip scan

27. Contractor to provide annually a detailed outline of what they will provide or do for kennel enrichment for all animals housed at the shelter.

28. Contractor will have written policies and procedures on euthanasia with a goal of ensuring that non-aggressive and healthy or treatable animals that enter the shelter system are not euthanized and that such animals are given a positive outcome through redemptions, adoptions and transfers to other organizations.

29. Contractor will have comprehensive written policies and procedures on Field Services. Policies and procedures should include proper care and handling of animals, emergency response procedures, how animals are placed into the vehicle, how officers will keep animals protected from the heat and cold in their vehicle, and standards for cleaning and disinfecting vehicles.

30. Contractor will have comprehensive written policies and procedures on Veterinary Medical Services. Policies and procedures should include proper care of injured and sick animals

31. All staff that will be euthanizing animals shall be trained per state law prior to performing euthanasia.

32. All staff and volunteers that will be responding to or caring for animals during a disaster shall take the ICS 100 & 700 online classes.

33. Contractor will be 100% in compliance with documentation outlined in this contract of animals entering the shelter. The County program manager of Animal Care and Control may conduct annual reviews of animal records.

34. Contractor shall maintain books, records, reports and accounts adequate to allow County and/or the auditor to fully evaluate, ass
contract funds under the Agreement, and allow inspection of same by County at any time with 24 hour notice, as outlined in this Agreement

35. Contractor shall use reasonable efforts to make staff available to assist with Mutual aid, as requested and, when the contractor reasonably determines that it is unable to do so, it shall promptly provide a detailed written explanation of why it is unable to do so:

36. Contractor will have comprehensive written policies and procedures on the Volunteer Program.

Contents of the policies and procedures should include, but not be limited to, the application form and process, job descriptions, selection and supervision, orientation and training, performance reviews, outline allowable and non-allowable activities, and a process for dismissal. 307 of 976
41 Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms:

The total amount that the County shall be obligated to pay for services rendered in this agreement shall not exceed THIRTY TWO MILLION FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). The county shall pay the contractor in accordance with the following terms:

A. Budget

1. Fiscal Year and Amount
a) 2021-22: $6,189,290.95
b) 2022-23: $6,327,480.28
c) 2023-24: $6,499,455.67
d) 2024-25: $6,674,024.00
e) 2025-26: $6,858,739.01

2. All funds paid to Contractor pursuant to this Services Agreement shall be used by the Contractor to meet its obligations herein.

3. A detailed proposed budget is included as Exhibit F.

4. An additional amount of $100,000 annually will be included in the total budget to provide an incentive. Ability to access incentive funds will be determined based on:
a) Should the Contractor achieve all 25 of the incentive performance measure targets the Contractor will receive 100% of incentive ($100,000).
b) Should the Contractor achieve 90% (23) of incentive performance measures the Contractor will receive $75,000.
c) Should the Contractor achieve 80% (20) of incentive performance measures the Contractor will receive $25,000.

B. Incentive Money

1. Incentive money is to be used to benefit the animals in San Mateo County (i.e., additional micro-chipping & vaccine clinics, mobile spay and neuter, disaster equipment, etc.) and Contractor will provide a summary report on how the incentive money was spent.

C. Cost Overruns

1. During any fiscal year of this Services Agreement, if the costs necessary and incidental reasonably anticipated, Parties hereto shall meet to discuss what steps should be taken.

In no event shall the County provide additional reimbursement for costs overruns without 308 of 976
42 2. If county or state laws are passed during the term of this Services Agreement that require a greater level of service, County agrees to negotiate in good faith with Cities and Contractor to reimburse Contractor for additional costs associated with implementing the new laws. Should such amendments result in significantly increased costs to Contractor, Parties agree to negotiate in good faith to agree on appropriate reimbursement. If Parties are unable to agree on reimbursement costs, Contractor shall document the increased costs and submit to the County Controller. The Controller will conduct an independent audit. Parties agree to

3. If current state laws are amended, repealed, otherwise changed or suspended during the term of this Services Agreement that reduce, increase, alter, or remove existing relevant mandates, County may require Parties to meet to discuss possible financial and operational impacts of levels of service per the change in law, including but not limited to any decrease in contract amounts paid to Contractor. If, within 90 days, Parties reach mutual agreement as to how to proceed as a result of the change in law, it shall be memorialized as an amendment to this Services Agreement. If, after no less than ninety (90) days, Parties do not reach mutual agreement as to how to proceed as a result of the change in law, the County Controller will conduct an independent audit. Parties then have Should Parties decide not to accept
ne
whether they wish to exercise early termination of this Services Agreement, as set forth below.
days results in this Services Agreement continuing without change or amendment for the duration of the term determined by Section 9 Term and Termination of this Services Agreement. Should either Party chose to exercise this early termination option, the Party shall do so by providing three-hundred-sixty-five (365) days prior written notice to other Party of its decision to terminate.

D. Modifications to the Budget or Payments

1. Any changes to the budget in Exhibit F must be requested in writing to the County no later than February 1 of the prior fiscal year for approval and a possible contract amendment by March of that year.

2. In the event that funds provided under this Agreement are expended prior to the end of the contract term period, Contractor shall provide ongoing services under the terms of this Agreement through the end of the contract period without further payment from County.

3. In the event that funds provided under this Agreement are not expended prior to the end of a fiscal year, Contractor shall have the opportunity to request funds no later than February 1 of the prior fiscal year to be used in the subsequent 12-month period with clear explanation for how those additional funds would be expended, and the County shall determine what amount of rollover funds will be available by March of the year.

E. Budget Monitoring and Exceptions

1. Revenue accounts shall be established for each service and shall be maintained separately by Contractor.

F. Method of Payment and Invoicing

1. Within 20 business days of the end of each month, Contractor must submit an invoice of actual costs for provision of services provided in Exhibit A for the prior month. 309 of 976
43 a) For the month of June each year, the following deadlines for invoices exist.

Specific dates for each fiscal year close will be confirmed in May of that year. (1) June 18, 2022
(2) June 17, 2023
(3) June 15, 2024
(4) June 21st, 2025
For the FY of July 2021-June 2022, Contractor may submit one initial invoice to the County by July 5th, 2021 in the amount of $500,000 as an advance payment for the fiscal year. The Contractor will reconcile this one-time advance payment on or before the September invoice. a) A similar arrangement for a one-time annual advance payment in July for each fiscal year will be in place.

2. Other than the advance payments in July of each year, which are reconciled by September of each year, Contractor will only invoice for actual costs.

3. Within 20 business days of the termination or expiration of the contract, Contractor must submit a final invoice and refund to County any advanced funds in excess of actual costs. annual fiscal obligation under this Agreement
exceed the amounts noted in Exhibit B Section A. Budget 1. Fiscal Year and Amount.

4. In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County or credit a portion of such advance payments to the County. Contractor is not entitled to payment for work not performed as required by this Agreement
a) Invoices are to be sent to:

Lori Morton-Feazell
San Mateo County Animal Control and Licensing
225 37th Ave, PONY PBH319ACL
San Mateo, CA 94403
650-573-3726
[email protected]
b)
the County shelter
(1) Total amount of expenses incurred
(2) A breakdown of those expenses according to budget categories included in Exhibit F
(3) A payroll report of positions identified in the annual organizational chart (4) Associated reports on performance metrics
(5) A description of any accomplishments or challenges in providing services or changes to service provision.

5. Additional supporting documentation is not required to be submitted with invoices, however, the County can request supporting documentation on demand.
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44 G. Signature Claims Certification and Program Integrity

1. Anytime Contractor submits an invoice to the County for reimbursement for services provided under Exhibit A of this Agreement, Contractor shall certify by signature that the invoice is true and accurate by stating the invoice is submitted under the penalty of perjury under the laws of the State of California.

2. The invoice must include the following language and signature line at the bottom of the form(s) and/or cover letter used to submit the invoice.

3. that this claim for services complies with all terms and conditions referenced in the Agreement with San Mateo County.

Executed at _______________ California, on __________20___ Signed ____________________ Title ____________________

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

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46 Exhibit D
Contract Areas
The unincorporated County and the following Cities have contracted for services pursuant to this Services Agreement:

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47 Exhibit E
Fees to be Collected for Services Provided
In consideration of the payments set forth in Exhibit B, Contractor shall make every attempt to collect all of the following fees from the responsible party. Contractor has no authority to negotiate, waive, or retain fees.

A. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a weekly basis to the County by the Contractor.

1. Licensing revenue is to be itemized by jurisdiction and category type.in a format provided by the County.
a) All licensing fees as shown in San Mateo County ordinance 6.04.290 (a) and comparable City ordinances, including late fees whenever applicable.

B. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a monthly basis to the County by the Contractor.

1. All redemption charges as shown in San Mateo County Ordinance 6.04.290 (b) with the following limitation:
a) Impound charges and board costs for all animals except wildlife, unless wildlife is legally under permit for possession by a private citizen, including Vincent Bill Unaltered impound fees;
b) Transportation and trailing costs for equine, swine, bovine, sheep, goats, and any other animals Contractor deems advisable to move by trailer; and c) Animal rescue costs on private property.

2. All surrender, euthanasia and dead on arrival disposal fees, as shown in San Mateo County Ordinance 6.04.290 (c).

3. Quarantine fee Home, as shown in San Mateo County Ordinance 6.04.290 (d).

4. Dangerous Animal Permit permit, inspection, and signage fees, as shown in San Mateo County Ordinance 6.04.290 (e), (f), and (g).

5. Field Return fees, as shown in San Mateo County Ordinance 6.04.290 (h).

6. Breeding and Fancier Permit fees, as shown in San Mateo County Ordinance 6.04.290 (i) and (j).

7. Return check fees, as shown in San Mateo County Ordinance 6.04.290 (k).

8. Record request fees, as shown in San Mateo County Ordinance 6.04.290 (l).

9. Administrative hearing fees, as shown in San Mateo County Ordinance 6.04.115 (f) or the applicable city ordinance.

10. Fees collected for dead animal pick-up in public areas and disposal; trap rental; dead animal pick-up on private property; and citation clearance.

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48 C. Uncollectable Fees

1. Contractor has no legal authority to negotiate, waive or retain fees for services unless provided by the applicable ordinance. Contractor shall collect all fees at the time of service or prior to release of impounded animal or release otherwise authorized per this Agreement.

2. Contractor shall use all reasonable efforts to collect the fee from the responsible party not release the animal until fees are paid unless refusing to release the animal would, in reasonable estimation, potentially jeopardize the safety of its staff, volunteers or facility.

3. Contractor will provide responsible party with a form provided by the County and agreed to by Contractor. Form will acknowledge debt for services provided by Contractor Parties shall meet when
necessary to agree upon the form.

4. If fees remain uncollectable after reasonable efforts, Contractor will send the following to the County on a monthly basis:
a) Excel spreadsheet showing the following:
(1)
(2) Service provided and fee charged by Contractor
(3) Reason Contractor was unable to collect fee at the time of service b) Itemized invoice
c) Returned check, if applicable
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49 Exhibit F Five-Year Budget (PROPOSED IN RFP) Entity Name: Peninsula Humane Society Year 1 Budget Year 2 Budget Year 3 Budget Year 4 Budget Year 5 Budget Grand Budget Category Total Total Total Total Total Total Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,957.00 $18,199,030.55 Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,296.46 $5,941,983.48 Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,431.45 $5,930,003.76 Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,058.36 $412,368.10 Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,393.27 $1,918,056.65 Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,602.48 $147,547.36 Total Expenditures $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,739.01 $32,548,989.91 316 of 976
50 Attachment H
Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements
I. DEFINITIONS
Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified.
a. Business Associate.
term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor.
b. Covered Entity. "Covered entity" shall generally have the same meaning as the term ent shall
mean County.
c. HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d. Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501.
e. Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity. f. Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g).
g. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h. Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 164.503 and is limited to the information created or received by Business Associate from or on behalf of County. i. Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.501.
j. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee.
k. Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to be a breach, unless it can be demonstrated there is a low probability that the PHI has been compromised based upon, at minimum, a four-part risk assessment:

1. Nature and extent of PHI included, identifiers and likelihood of re-identification;

2. Identity of the unauthorized person or to whom impermissible disclosure was made;

3. Whether PHI was actually viewed or only the opportunity to do so existed;

4. The extent to which the risk has been mitigated.
l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C. 317 of 976
51 m. Unsecured PHI.
unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an
includes all incidents that constitute breaches of unsecured protected health information.

II. OBLIGATIONS AND ACTIVITES OF CONTRACTOR AS BUSINESS ASSOCIATE a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses and disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity. e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to County any use or disclosure of Protected Health Information not authorized by this Agreement.
g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524.
i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County.
j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule. k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.
l. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.
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52 m. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County. n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information. o. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI.
p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law.

As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law.

III. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS

ASSOCIATE
Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County.

IV. OBLIGATIONS OF COUNTY
a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522.

V. PERMISSABLE REQUESTS BY COUNTY
County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate.

VI. DUTIES UPON TERMINATION OF AGREEMENT
a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form. 319 of 976
53 This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information.
b. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information.

VII. MISCELLANEOUS
a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required. b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement.
d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule.
e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate.

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

NAME: Anthony Tansimore
TITLE: President:Customer1
SIGNATURE:

DATE:

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55 Attachment J
Rabies Algorithm

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56 323 of 976
57 324 of 976
58 325 of 976
59 326 of 976
60 327 of 976
61 Attachment K
Animal Shelter Facility Use and Maintenance Agreement

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Animal Shelter Facility
Use and Maintenance Agreement
Between
The County of San Mateo as County"
and
Peninsula Humane Society & SPCA as Contractor"
for
The Animal Shelter Facility
12 Airport Blvd, San Mateo CA 94401
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1 Section I. General Provisions
A. The purpose of this Animal Shelter Facility Maintenance Agreement ("Agreement") is to set forth the roles and responsibilities of the County of San Mateo (hereinafter "County," which includes employees, officers, and authorized representatives), acting through its San Mateo County Health Division of Public Health Policy & Planning ("PHPP"), and the County Public Works Department Facilities Maintenance, Operations and Building Services ("Facilities Services"); and the Peninsula Humane Society & SPCA (hereinafter "Contractor," which includes employees, officers, and authorized representatives) for Contractor's use, operation and management of the Animal Shelter Facility, located at 12 Airport Boulevard, in the incorporated area of the City of San Mateo, California ("Shelter").

B. The parties understand and agree that Contractor's use of the County-owned Shelter is pursuant to and contingent upon an active Service Agreement between Contractor and County for Contractor's animal control services to the County ("Animal Control Services Agreement"). Contractor may use and occupy the Shelter only for the purpose of providing animal control and sheltering services to the County and cities as set forth in the Animal Control Services Agreement and any additional activities as mutually agreed to by Parties. This Agreement shall terminate concurrently with the Animal Control Services Agreement.

If there is a material breach of this Agreement by Contractor, then this Agreement is subject to termination at the County's option if Contractor fails to cure the breach within sixty days (60) notice by County of such breach. However, if the breach Is causing continuing damage to the Shelter, County may take any steps necessary to immediately halt such damage, and if the breach is intentional or negligent, then Contractor shall be solely responsible for the cost and expense.

Upon expiration or termination of this Agreement and/or the Animal Control Service Agreement, Contactor shall be given 7 days to vacate the Shelter by removing all Contractor-owned and personal items and return the Shelter in a clean and orderly fashion, ordinary wear and tear excepted. Contractor will use best efforts to not disrupt any operations occurring at the shelter during this time C. This Agreement shall be in effect from the date last signed below and run concurrent with the Animal Services Agreement and any fully executed extensions. Upon termination of this Agreement, Contractor shall vacate the Shelter on the date of termination and return it to County in good condition, excepting normal wear and tear. Any damage to the Shelter caused by the negligent or intentional acts of Contractor shall be promptly repaired by Contractor at its sole expense and not out of Contract funds or other County funds.

D. The County acknowledges and agrees that the entirety of fees and costs related to Contractor's operation of the Shelter, and/or performance of this Agreement, shall be funded solely from the Contract Funds provided to Contractor from County under the 330 of 976
2 Animal Control Services Agreement, except as otherwise provided herein. The County and Contractor acknowledge and agree that if the Contract Funds prove insufficient to meet the financial needs of maintaining the Shelter, and/or performing Contractor's maintenance and repair duties under this Agreement, the Contractor will not be responsible for the payment of any overage, unless caused by its negligent or intentional acts or omissions. If the Contractor anticipates costs that will exceed the Contract Funds, Contractor will use best efforts to provide County with notice as soon as it becomes aware of such potential overage, on a quarterly basis, and provide adequate documentation of the cause and amount of such anticipated coverage.

E. Indemnification and Insurance

1. Hold Harmless & Indemnification
(i) Contractor shall hold harmless and indemnify the County, and each participating city as listed in the Animal Shelter Service Agreement as third party beneficiaries, their officers, agents, and employees from all claims related to performance of this Agreement and/or use, operation, maintenance or repair of the Shelter by Contractor or its employees, contractors or agents including suits or actions of every name, kind and description, brought for, or on account of: (1) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County or Contractor's agents, officers or employees; (2) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of County or Contractor or its agents, officers, or employees; or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and/or which result from the negligent or intentional acts or omissions of Contractor, its officers, agents or employees. This obligation shall survive the termination of this Agreement for any claims arising during its term.
(ii) The County shall hold harmless and indemnify Contractor, its officers, agents, and employees from all claims caused by the conduct of the County, or its agents, officers or employees, including but not limited to suits or actions of every name, kind and description, brought for, or on account of: (1) any and all claims related to the construction, and/or repair of the shelter by the County, whether such claims are based on performance or performance of an obligation, and whether such claims are based on conduct that happened before and/or after Contractor took possession of the Shelter; (2) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County's agents, officers or employees; (3) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of the County or its agents, officers, or employees; 331 of 976
3 or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and which result from the negligent or intentional acts or omissions of the County, its officers or employees. This obligation shall survive the termination of this Agreement.
(iii) In the event claims are brought against Contractor and County, the ultimate liability for damages, shall be apportioned according to the comparative fault of Contractor and County.

The duty of Contractor, and of the County, to relieve, indemnify, protect and hold harmless, as set forth hereinabove, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

2. Property Damage Coverage
All Risk Contractor at its cost shall maintain on the building and improvements that are a part of the Shelter a policy of all risk property, in the amount of the replacement value of the Shelter, its improvements and contents. The insurance policy shall be issued in the names of County and Contractor as their interests appear. The insurance policy shall provide that any proceeds shall be payable to County, excluding proceeds related to damage to equipment and supplies owned by Contractor.

3. Liability Insurance
Contractor at its cost shall maintain Comprehensive Liability insurance for the following coverages with the following limits Insuring against all liability of Contractor and its authorized representatives arising out of and in connection with Contractor's use or occupancy of the Premises:
(i) Shelter Premises Liability with a minimum limit of $1,000,000 Combined Single Limit (CSL) each occurrence; and
(ii) All Comprehensive Liability insurance shall insure performance by Contractor of the Hold Harmless and Indemnification Sub-section of this Agreement;
(iii) County shall be named as "additionally insured";
(iv) All required Insurance shall contain a Separation of Insureds or Severability of Interests provision; and
(v) The policy shall not be cancelled or non-renewed unless the County has received 30 days prior written notice. (Ten days prior notice in the event of cancellation for nonpayment of premium is acceptable.) Written notice shall be sent to:
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4 County of San Mateo
Attn: Animal Services
225 37th Ave.

San Mateo CA. 94403

4. Workers' Compensation and Employer's Liability Insurance During the entire term of this Agreement, Contractor shall have in effect Workers' Compensation coverage providing full statutory benefits and employer's liability.

In executing this Agreement, Contractor makes the following certification:

Contractor is aware of the provisions of Section 3700 of the California Labor Code, which require every employer (1) to be insured against liability for Workers' Compensation or (2) to undertake self-insurance in accordance with the provisions of the Code. Contractor will comply with such provisions.

5. Miscellaneous Insurance Provisions
Contractor shall pay the premiums for maintaining the insurance required hereinabove. All the insurance required under this Agreement shall:
(i) Be issued by insurance companies authorized to do business in the State of California, with a financial rating of at least an A- IV status as rated in the most recent edition of Best's Insurance Reports. Coverage provided by State Fund Insurance shall satisfy this requirement. (ii) Be issued as a primary policy.
(iii) Contain an endorsement requiring thirty (30) days' notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy.
(iv) County shall be named as "additionally insured" on each policy.

6. Certificate of Insurance
A certificate of insurance, together with evidence of payment of premium, shall be deposited with County at the commencement of this Agreement, and on renewal of the policy not less than twenty (20) days before expiration of each policy.

In the event Contractor fails to deliver the certificate of insurance verifying insurance coverage as required in this Section, County may declare a material breach and terminate the Agreement as provided herein or, at its option take out all or part of the required insurance and pay the premium thereon on behalf of Contractor.
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5 7. Force Majeure
(i) Neither party is responsible for any failure to perform or delay In performing its obligations under this contract, to the extent it is prevented or delayed in performing those obligations by an event of force majeure. (ii) Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party In performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
(iii) Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide, within 15 business day, a schedule for managing the Contractor's obligations under this Agreement to minimize the effects of the prevention or delay caused by the event of force majeure.
(iv) An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
(v) Definition. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, and includes but is not limited to such matters as:
a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
d) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
e) regional health emergency due to government health
advisory(ies); and
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6 f) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which Is specific to the performance of the works or this contract. g) Increased costs incurred by Contractor in the provision of services under this Agreement, shall not In itself be considered an event of force majeure even if such increased costs are the result of such an event.

Section II. Contract Information
To better coordinate all services, Facilities Services has established the Facilities Customer Service Center (FCSC). The FCSC provides a single point of contact for customers and dispatch of staff and should be the primary resource for departmental or Contractor's Maintenance Coordinators and others responsible for requesting maintenance services. The FCSC is staffed during normal business hours and can be reached at 363-4444.

For management issues and/or to discuss specific activities or projects, the overall coordinator of this Agreement and the main point of contact is Gary Behrens, Facilities Services Manager, 363-1875.

For custodial issues specifically, contact Duane Minor, Building Services Manager, 363-4445.

The supervisor for each area or function will manage day-to-day activities:

1. Win Maung, 599-1300 ([email protected]). Operation and maintenance of facility systems and equipment for County owned buildings at the Government Center, Redwood City.

2. Thomas Sipp, 312-5257 ([email protected]). Operation and maintenance of facility systems and equipment for County owned and leased buildings in outlying areas.

3. Patrick Oliver, Crafts Supervisor, 363-1877 ([email protected]). Repair, maintenance, and safety/regulation required upgrades related to carpentry, painting, and locksmith services for all County facilities.

4. Jose Villalobos or Mark LaGrone, 363-1951 ([email protected] & [email protected]). Custodial, parking lot, loading dock, and room set-up services for all County Center facilities.

Facilities Services is responsible for updating and maintaining this list with current contact information.
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7 Section III. Baseline Services
The baseline services outlined below are to be paid for by Contractor solely with funds provided to Contractor under the Animal Control Services Agreement the provided ("Contract Funds") (see Section VII for current charges). If these fees exceed the Contract Funds, the financial obligations shall be resolved in accordance with Section I.D., supra.

A. General Shelter Facility

1. Preventive Maintenance and Routine Repairs
Facilities Services will responsible for performing regular repair and maintenance on the Shelter, including all parts, material and labor. Facilities Services will make, or schedule repairs as determined by the County to be needed, or pursuant to a reasonable request by Contractor, with 24 hours advance notice to Contractor if possible, by phone or email. Repairs and maintenance include, but are not limited to, any and all work on the following areas of the Shelter:
i. Structural portions of buildings (roof, gutters, doors, skylights windows, flooring)
ii. Solar panels and carports
iii. Repair and maintenance to the building mechanical systems including heating, ventilation & air conditioning system (HVAC), electrical distribution and lighting
iv. Repairs of electrical systems (except for light fixtures) v. Exterior painting (with exception of any touch-up exterior painting) vi. Interior painting of common areas in County standard colors (entrances, lobbies, restrooms, main hallways)
vii. All major plumbing issues shall be maintained by Facilities Services; however, toilet fixtures and sink clogs shall be the responsibility of the Contractor. If any damage is caused by Contractor's, or a vendor of Contractor's, intentional or negligent acts, Contractor shall be responsible for the cost of repair, not out of Contract Funds. County shall not be considered a vendor for the purposes of this Agreement. viii. Preventative maintenance of the fire alarm system ix. Generators and emergency power systems
x. All warranty work related to the new construction. Facilities Services to communicate to Contractor which items are under warranty. xi. Facilities Services staff will perform quarterly facility inspections to identify the condition of the various systems and structure and will identify necessary repairs or maintenance to be performed to keep the facility in proper condition. Facilities Services and other County staff or officials may inspect the condition of the Shelter Facility at any time during working hours. In order to limit the impact to Contractor operations, County shall provide Contractor with at least 24 hours' 336 of 976
8 notice of the intended inspection, which notice may be provided by email.

2. Contractor Obligation to Notify of Needed Repairs or Maintenance Contractor shall promptly notify Facilities Services of any necessary repairs or maintenance that could impact the long-term condition of the Shelter, or the provision of animal control and animal care services to the County.

3. Emergency Repairs
Facilities Services will assure response in all critical situations within 2 hours of receiving actual notice, making immediate temporary repairs when required for safety or security reasons. Examples of such situations include but are not limited to:
(i) Broken windows, doors and locks
(ii) Air conditioning in computer server rooms and other sensitive areas (iii) Interruption of electrical service
(iv) Broken pipes and clogged plumbing (Contractor shall try to clear clogs In toilet or drain prior to calling Facilities Services)
(v) Leaking roofs
(vi) Damage resulting from natural disasters
(vii) Other situations which Contractor or County reasonably determines compromises the immediate health or well-being of the animals, the staff, volunteers or visiting public.

4. Process by which Contractor addresses Repairs/Service Needed on an Emergency Basis
(i) Upon becoming aware of a situation, Contractor shall immediately notify Facilities Services of any repairs or maintenance needed to address items that could cause immediate damage or injury to the Shelter, or to persons working or animals being cared for therein, including but not limited to plumbing/water leaks, roof leaks, or fire or other hazards. (ii) Should an urgent situation arise in which Facilities Services is unable to respond within 2 hours to a major system failure which has the potential for immediate and serious health or safety impacts to animals, staff/volunteers, employees, or the public, and/or the continued operation of essential animal control and sheltering programs and which cannot be otherwise managed or contained, Contractor may retain the services of a reputable repair person to address the issue, after notifying Facilities Services.
(iii) Contractor shall notify Facilities Services and PHPP within 2 hours of its decision and reasoning to take such actions. Contractor will provide Facilities Services with the key points of how the issue is being addressed. If possible, Contractor will arrange for a temporary solution so that Facilities Services can complete the full work once they are available.

Contractor will use Contract Funds if Contractor incurs expenses due to 337 of 976
9 an emergency repair as outlined in this subsection, unless caused by the intentional or negligent acts or omissions of Contractor, or its vendors, in which case Contractor shall be responsible for these expenses not using Contract Funds.
(iv) Contractor must comply with any prevailing wage requirements of state law as applicable for any construction or repair it undertakes not performed by Facilities Services.

5. Utilities
(i) Contractor is responsible for furnishing and paying for all utilities for the Shelter, including gas, water, electricity, sewer, telephone/internet and garbage service. All utility services shall be paid from the provided Contract Funds.
(ii) Contractor shall maintain all records pertaining to all repair, replacement, maintenance utility and other services provided under this Agreement for a period of four years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by the County, a Federal granter agency, and the State of California.

6. Signage
(i) Facilities Services will provide directional signs for parking lots and building lobbies.
(ii) Contractor will have input on suitability of all signage installed by County.

PHS will not install signage without approval of County.

7. Pest Control
Contractor will use best efforts to maintain the Shelter pest- free.

Contractor (PHS) will enter into, pay the costs of, and monitor a recurring and scheduled contract for pest control services in and around the Shelter, and on an as needed basis. The contract shall cover control of all types of pests, including termites and all types of insects, rodents and other and vermin. Costs will be paid from Contract Funds. The pest control invoices/reports will be made available to County upon request.

8. Disaster Response
In the event of a natural disaster such as a major earthquake, Facilities Services staff are trained and prepared to respond to and secure building systems. County shall not be responsible or liable for any damages to Contractor or any third party for injuries or damages caused by a natural disaster or any injuries or damage to any person or property belonging to any person, or interruptions of any operations of Contractor, as a result of a natural disaster.
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10 9. Skilled Craft Services
i. Carpentry
Facility Services carpenters will perform maintenance and repairs as needed as determined by the County Facilities Services, or upon reasonable request by Contractor, and approval by County on roofs, doors, windows, water damaged areas and hard surface floors in common areas. Facilities Services will also patch and repair chips and holes in walls. Other carpentry services are available on a fee for services basis {see Section IV).
ii. Lock Work
Locksmith services provided under baseline services Include the repair or replacement of broken building locksets (excluding Contractor property such as file cabinets and desk), repair or adjustment of improperly working door closers; providing duplicate keys with proper authorization; re-keying locks for security reasons as determined necessary by Facilities Services; replacing worn or outdated locksets; and any work required because of new codes and regulations, as determined by Facilities Services. Keys for or repairs to County property, including but not limited to desks, file cabinets, and vehicles are beyond the facility service charge and will be repaired by the contractor using funding from the animal control services Contract Funds.

10. Grounds Services
i. Landscaping
Facilities Services is responsible for providing and monitoring the landscaping services for the Shelter. Under this contract, and as determined necessary or desirable by Facilities Maintenance, the landscaping crews will install and maintain irrigation systems; propagate and plant appropriate species; prune, trim, fertilize, now, and provide all other care and maintenance for plants, shrubs, trees, turf, and lawns.

11. Custodial and Janitorial Services
Contractor shall maintain all interior and exterior areas of the Shelter and grounds in a clean and sanitary condition. Contractor may provide this service through its staff or shall retain a reputable vendor to provide janitorial and custodial services at a reasonable cost and as needed to fulfill its responsibility to maintain the Shelter in a clean and sanitary condition.

Facilities Services will provide no Custodial or Janitorial for the shelter. 339 of 976
11 Section IV. Additional Services
Services requested by Contractor and not outlined in Section Ill are considered "additional services," and shall not be provided unless approved by the Directors of County Health and Department of Public Works. If approved, services listed below will be scheduled upon receipt of a work request from County Health, and the associated costs will be invoiced to the Contractor.

Contractor will use Contract Funds to pay the invoice within 30 calendar days from date of mailing or emailing; if not timely paid, County will deduct the past due amount from Contractor's next monthly payment. The majority of these services are provided under the administration of the Construction Services Section (CSS) located at 30 Tower Road, San Mateo. Requests for services and cost estimates should be routed through San Mateo County Health System (Animal Control Manager). Contractor shall in no circumstance alter any part of the Shelter structure or install any fixture, without prior written County approval from the Directors of the San Mateo County Health and Department of Public Works.

A. Carpentry
New:

Floor coverings
Commercial fixtures
Acoustical ceilings
Doors/windows
Soundproofing and insulation
Air conditioning units
Restroom partitions and fixtures tile work
Concrete slabs and retaining walls
Building and/or custom fabrication:

Storage structures
Security gates, windows, etc.

Custom cabinets and casework
Custom shelves, reception counters, etc.

Wall framing and drywall
Custom racks, bins, etc., for delivery vehicles
B. Electrical
Install additional electrical circuits and outlets
Upgrade and install new workplace lighting
Install Pleione electrical whips
Install and maintain security alarm systems
Set up temporary power for events.

C. Lock Work
Lock drilling (when keys are lost or locked inside, contact FM&O) 340 of 976
12 New installation (result of new construction or remodeling) D. Other
Directional signs for departmental areas
General construction site cleanup
Need for county approval for any fixtures, repairs, remodeling or construction at the Shelter. Any of the above items as well as any new fixtures, construction, repairs or remodel (to include altering of the building or grounds in any way) may not be undertaken without the express, prior written permission of the Director of San Mateo County Health or designee, and the Director of the Department of Public Works, or designee, except as otherwise provided under this Agreement.

If Contractor performs any construction work, remodeling or repairs, or attaches any fixtures to Shelter or other county-property without such written permission, or changes the grounds in any manner, Contractor must promptly return the Shelter building, property or grounds to its original condition at its own expense and not using Animal Control Services Contract Funds or any other County funding, except as otherwise provided under this Agreement.

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13 Section V. Excluded Services
A. This Agreement does not include any of the following which will be Contractor responsibility:

Contractor shall be solely responsible for maintaining the below items. Money for all repairs and costs will come from the Contract Funds. Any such items undertaken by Contractor shall be documented and all invoices for any such work, shall be kept and provided to County on a quarterly basis. For major equipment owned by the County (as listed In subsection (d) below, and any similar equipment), Contractor shall use a reputable, qualified, and licensed contractor or vendor, and may not use its own employees or volunteers for such work without County approval. If employees or volunteers are used for work, no additional County funds shall be used for such labor, except those funds otherwise used to pay the employee's regular salary.

Contractor agrees that all major equipment owned by the County (as listed In subsection (d) below, and any similar equipment) will be serviced by a qualified vendor.

1. Light bulb replacement to include lamps and ballast

2. Plumbing clogs: Contractor will first attempt to unclog and if unsuccessful will submit a request to Facilities Services for repair. (Contractor may not hire a service to attempt to unclog pipes.)

3. Equipment maintenance and repair as follows:

Washers/dryers
Kennel cleaning equipment
Safes, lock boxes
Clippers
Surgical tables
Audio visual equipment camera, security and intrusion alarms Computers/printers/scanners etc. and phone system
Cash Registers/credit card machines, fax machine etc.

Any other specialty equipment for animal sheltering
Refrigerators

4. These items must be repaired by a qualified vendor
X-ray equipment
Anesthetic machine
Surgical lights
Auto clave

5. Kennel fencing repairs, to include the replacement of mud flaps or guillotine doors, door latches etc. (if CMU needs repair, the Contractor will submit a repair request to the Manager of Animal Control and Licensing for approval prior to contacting Facilities Services)

6. General:

Repair office furniture
Anchor files and shelving
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14 Hang pictures and bulletin boards; however, Contractor shall take care not to damage County property in its placement and installation of these or any other items attached to walls or ceilings

7. Intercom systems

8. Installation of new animal shelter equipment that is not attached to the structure.

9. Replacement of any equipment purchased by the Contractor for use in animal sheltering or animal control operations: Contractor shall not replace equipment to be paid for by Contract Funds without prior approval from County of equipment to be replaced and cost if cost exceeds $5,000 per individual item. If the need to replace such equipment is due to Contractor misuse or negligence, as distinct from wear related to appropriate use, Contractor shall replace such equipment from its own funds not Contract Funds, or any other County funds. Funds for approved replacement equipment not misused or damaged by Contractor are to come from Contract Funds. Any equipment or items purchased with Contract Funds or other County funds Is property of the County. Contractor shall use Contract Funds for purchase of equipment or vehicles to be used at the Shelter for providing services, which equipment. and vehicles shall be County owned.

10. Paint offices, conference rooms and staff bathrooms.

11. Keep the landscaped areas, walkways and patios, adjacent sidewalks, and other common areas In and around the County facility clean and in good repair

12. Sweep the entrances to County facility as needed and will keep glass doors clean

13. Contractor is solely responsible for custodial and pest control at the shelter.

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15 Section VI. Additional Responsibilities
A. Facilities Services Responsibilities

1. For routine maintenance of systems, Facilities Services will (i) Provide the Contractor with advance schedule to the extent practicable (ii) Provide Contractor no less than 24 hours' notice when that maintenance is to occur (allowing Contractor to weigh in as to whether or not the scheduled maintenance will interfere with operation and if it will interfere Contractor will give alternate dates within a reasonable time frame when the repair/service can be completed.)
(iii) Provide Contractor with acknowledgement that the service has in fact occurred and any unusual findings related to that service. This notification will be done by a service request confirmation.

2. For other than routine scheduled maintenance
(i) Contractor will notify Facilities Services of needed repair/service without delay via phone, fax, or email to the DPW call center. Contractor shall be responsible for any damage to the Shelter, its contents or any person caused by its failure to timely notify the County of needed emergency repairs of conditions that threaten the structure or its contents or the health or safety of occupants or the public.
(ii) Facilities Services will notify Contractor within 24 hours of its anticipated investigation of requested repair (if the matter is something that can be addressed at the time of investigation, Facilities Services to adhere to steps which follow):
a) Notify the Contractor's Maintenance Coordinator at least 24 hours in advance of any scheduled maintenance activity that may affect the Contractor's normal working operation (noise, dust, odors, interruption of water or electrical service, etc.).
b) Facilities Services to notify contractor of findings of the investigation and its plan to address (and except for the case of emergency repairs, allowing Contractor to weigh in if the scheduled repairs will interfere with its operation)
c) Critical or emergent work will be completed at time of investigation.
d) Facilities Services to notify Contractor promptly upon completion of the repair. Notification will be given by service request confirmation of close out.
e) Contractor will notify Facilities Services of its review of the repair once completed.
f) All communication between Contractor and Facilities Services will be copied to PHPP.
g) Facilities Services will leave the work areas safe and clean of any debris caused by the repairs upon completion of the task. 344 of 976
16 h) Facilities Services and Contractor will comply with all state and federal laws and regulations regarding the handling and disposal of materials and waste products associated with the normal operations of the facility or its maintenance that could impact public safety and the environment.
i) Facilities Services will research and/or recommend special materials, devices, or services if it deems this appropriate and if desired by Contractor
j) Facilities Services will make appropriate referrals as It deems necessary or appropriate for work outside the scope of baseline maintenance services
k) Facilities Services will coordinate with Risk Management, Environmental Health, Sheriff's Office, local fire departments, and/or other regulatory and health and safety agencies as it deems necessary for issues related to building safety and inspection.

B. Contractor is to:

1. Designate a Maintenance Coordinator(s) to be the primary point of contact for Facilities Services Issues.

2. Provide accurate and full details of services requested

3. Report mechanical malfunctions or other needed repairs to Facilities Services promptly and complete necessary services request form(s).

4. Encourage all employees to be energy conscious.
environment as well as keeping your costs down.

C. The parties acknowledge that County will be making an inventory and tagging all equipment and vehicles that are County owned or purchased using any Contract Funds. Contractor agrees to use best efforts to assist and cooperate with County in making its inventory of equipment and vehicles which are owned by County in whole or in part. As part of this effort to assist the County in making its inventory, Contractor shall maintain and provide to County, within thirty days of signing this Agreement, a current inventory of all equipment previously paid for with non-Contract Funds owned by Contractor or paid for in part with non- Contract Funds, used at the shelter and having a current fair market value of $1,000 or more.

D. In event of termination or expiration of this Agreement, the County shall have the option to purchase any equipment or vehicle that has been paid for in part out of non-County Funds by paying to Contractor the depreciated value of Contractor's share of the equipment. In the event County opts not to purchase this equipment or vehicle, Contractor shall pay to County the depreciated value of its share of the equipment or vehicle.
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17 Section VII. Service Level Costs
A. Invoicing/payment of Facilities Maintenance Work

1. As it relates to repairs/service which fall under the Contractor's responsibilities, Contractor will manage this work within the Contract Funds provided for under the Animal Control Services Agreement and provide open book accounting for all work contracted to outside vendors and provide copies of invoices and a quarterly report of all expenditures 'As it relates to repairs/service which fall under Facilities Services responsibilities, Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days from date of mailing. If invoice is not timely paid, County will deduct the past due amount from Contractor's next monthly payment.

2. As it relates to repairs/service which fall under Facilities Services responsibilities but for which Facilities Services cannot respond in a timely manner and which are, as a result, managed by Contractor under the conditions provided herein, Contractor will pay the invoice using Contract Funds that it receives pursuant to the Animal Control Services Agreement, and promptly send a copy of such invoice to the County Animal Control Program Manager, Care of County Health, Public Health, Policy and Planning Division.

B. Additional services;

1. Costs associated with additional services as outlined in Section IV are based on the actual costs of each service as performed and are charged to the Contractor by invoice from Facilities Services. Each service will have a cost per unit time or occurrence.
(i) For work performed by Facilities Services staff, labor rates are hourly based on classification and include overhead. Materials and supplies are billed at their actual cost.
(ii) For work that must be contracted out, Facilities Services will request estimates from qualified and reputable companies and award the job to the low bidder. Contractor will be billed for the actual cost of the work.

Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days. If invoice is not timely paid, County will payment.

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18 Section VIII. Billing Procedures and Tracking Information A. Tracking Information

1. Because a large percentage of work performed by Facilities Services is associated with building systems and structures, baseline services are tracked by building rather than by individual department. Facilities Services staff will record labor and material costs for each activity performed in a building, and these costs are then reflected in the report sent quarterly to the Contractor and the Animal Control Manager, San Mateo County Health. Contractor will be charged for services rendered on an ongoing basis and not based on a predetermined amount.

2. The cost for additional services is tracked by work authorization. Prior to receiving a service, the Contractor will set aside a dollar amount equal to the estimated cost for that service. As services are rendered and costs are incurred, the invoices will be sent to County Health System Animal Control Manager and then to the Contractor. The cost will be taken out of animal control Contract Funds by the Contractor, who will pay the invoice within 30 calendar days or the County will deduct the overdue amount from Contractor's next payment.

3. If there ls a dispute raised by Contractor, within three business days of receipt of the Invoice, regarding the accuracy of charges in an invoice, the parties shall use best efforts to resolve the dispute expeditiously. If while using best efforts, the parties have not resolved the dispute within 30 calendar days, Contractor shall not be in breach if the parties agree that they are working in good faith to resolve the dispute.

B. Building Manuals, Drawings, Training
In preparation for this, Contractor is to receive copies of all warranties, as-builts, operating and maintenance materials, and is to participate in all trainings provided by the Shelter's general contractor to DPW for the systems that Contractor will be maintaining. The intent is to have Contractor be informed as much as possible to more efficiently assist DPW in its role as well as manage its own responsibilities.

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19 THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE

UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR AUTHORIZED DESIGNEE.

For Peninsula Humane Society & SPCA:
_____________________________
Contractor Signature
_______________
Date
Anthony Tansimore
President
For County:

______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Cassius Lockett, PhD.

Director of Public Health, Policy and Planning
County of San Mateo
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Gary Behrens
Facilities Services Manager
County of San Mateo
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2 Attachment L
Peninsula Humane Society Holidays
New Year’s Day
Martin Luther King Jr. Day
President’s Day
Easter
Memorial Day
July 4th
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Day
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3 Attachment M
County-Owned Radio Equipment
4 - Motorola APX 7000 Handheld Radios
17 - Motorola APX 4000 Handheld Radios
1 - Motorola MCD 5000 Deskset
1 - Motorola APX 7500 Radio installed in vehicle
13 - Motorola APX 6500 Radios installed in vehicles
1 - Antenna mounted on roof of County Shelter
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Template Version November 16, 2016

Page 1 ends

San Mateo City CouncilMay 4, 2026

San Mateo City Council
May 4, 2026