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5 AGREEMENT WITH SAMARITAN HOUSE
FOR COMMNUNITY SERVICES
FOR
EMERGENCY RENTAL ASSISTANCE PROGRAM
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 SAMARITAN HOUSE, a California nonprofit organization ("ORANIZATION"), whose address is 4031 Pacific Boulevard, San Mateo, CA 94403.
RECITALS:
A. CITY desires certain Emergency Rental Assistance services hereinafter described.
B. CITY desires to engage ORGANIZATION to provide these Emergency Rental Assistance services by reason of its qualifications and experience for performing such services and ORGANIZATION 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 ORGANIZATION under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - DUTIES OF ORGANIZATION
ORGANIZATION shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by ORGANIZATION under this Agreement. ORGANIZATION shall, without additional compensation, correct or revise any errors or deficiencies in its work.
ORGANIZATION represents that it is qualified to furnish the services described under this Agreement.
ORGANIZATION shall be responsible for employing or engaging all persons necessary to perform the services of ORGANIZATION.
ORGANIZATION 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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5 SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by ORGANIZATION and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of ORGANIZATION'S work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on August 1, 2026 and be completed on July 31, 2027.
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 ORGANIZATION a fee in an amount of $220,000, 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 ORGANIZATION. ORGANIZATION agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by ORGANIZATION 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 ORGANIZATION in connection with the performance of this Agreement are confidential until released by CITY to the public. ORGANIZATION shall not make any such documents or information available to any individual or organization not employed by ORGANIZATION or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF ORGANIZATION
ORGANIZATION 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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5 SECTION 10 - ORGANIZATION'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, ORGANIZATION shall at all times be considered an independent ORGANIZATION 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 ORGANIZATION an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
ORGANIZATION 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 ORGANIZATION’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. ORGANIZATION agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The ORGANIZATION’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
ORGANIZATION 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 ORGANIZATION and cannot be transferred, assigned, or subcontracted by ORGANIZATION without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON SKILL OF ORGANIZATION
It is mutually understood and agreed by and between the parties hereto that ORGANIZATION is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of ORGANIZATION to do and perform the work in the most skillful manner, and ORGANIZATION agrees to thus perform the work. The acceptance of ORGANIZATION's work by CITY does not operate as a release of ORGANIZATION from said obligation.
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5 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
ORGANIZATION warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither ORGANIZATION nor any of its sub-ORGANIZATIONS 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.
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5 SECTION 19 - LITIGATION
ORGANIZATION shall testify at CITY's request if litigation is brought against CITY in connection with ORGANIZATION's services under this Agreement. Unless the action is brought by ORGANIZATION, or is based upon ORGANIZATION's wrongdoing, CITY shall compensate ORGANIZATION for preparation for testimony, testimony, and travel at ORGANIZATION'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: Alex Khojikian
City Manager
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
To ORGANIZATION: Samaritan House
Attn: Laura Bent, Chief Executive
Officer
4301 Pacific Boulevard
San Mateo, CA 94403
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and ORGANIZATION 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 ORGANIZATION.
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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5 IN WITNESS WHEREOF, CITY OF SAN MATEO and SAMARITAN HOUSE have executed this Agreement the day and year first above written.
CITY OF SAN MATEO SAMARITAN HOUSE
Alex Khojikian
City Manager
Date Laura Bent
Chief Executive Officer
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Agreement Budget
Exhibit C: Insurance Requirements
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5 EXHIBIT A
SCOPE OF SERVICES
1. PROJECT SUMMARY: Provide emergency financial assistance in the form of rent, security deposit, and/or utility payments to individuals and families to stabilize their housing and prevent displacement. This will be accomplished by assessing client eligibility according to the City’s Emergency Rental Assistance Program guidelines. Upon approval, rent payments will be disbursed directly to vendors (i.e. landlords, owners, property managers, etc.). Samaritan House will serve 60 households in the City of San Mateo this program year (2026-2027).
2. TIMELINE: Samaritan House’s Emergency Rental Assistance program is a continuing program.
Therefore, we do not foresee any obstacles to implementing our project workplan as described, fully achieving our projected goals, and fully expending our contracted funds by the end of the fiscal year ending July 31, 2027.
3. RECIPIENT ELIGIBILITY: Households who receive rental assistance shall be residents of the City of San Mateo and are at-risk of displacement. Their income shall not exceed the 2026 60% AMI of the San Mateo County Income Guidelines, as updated from time to time (Attachment 1).
4. DETERMINATION OF ASSISTANCE AMOUNT: Samaritan House will use its standard procedures for determining the amount of rental assistance for each household. In no event shall the total assistance to a household exceed $4,000 per fiscal year.
5. INCOME VERIFICATION: Each client who arrives at Samaritan House must be screened for income eligibility prior to receiving services. Each client has an intake session in which they fill out the intake questionnaire packet with an Intake Coordinator. The packet includes screening forms, which gather information on demographics, household information, income and expenses, history of program utilization, and other relevant information. Supporting documentation is required to support eligibility and verify income including pay stubs, bank statements, lease agreements, benefit letters and other documents as appropriate as stated in the program’s guidelines. Other verification (i.e. direct staff contact with landlord) may be required. This third-party documentation and/or client signatures on certification forms are always available on file for review.
6.DUPLICATION OF BENEFITS: Samaritan House will check that the applicant is not receiving duplicative benefits to cover rental costs. To ensure that there is no duplication of benefits, applicants must inform Samaritan House about additional financial assistance or applications to other rental assistance programs. Receiving financial aid does not disqualify the applicant from receiving emergency rental assistance but must be noted in their application. Samaritan House will also ensure that the applicant is not receiving rental assistance through another source of funding through their existing rental assistance program.
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5 EXHIBIT A ATTACHMENT 1
60% AMI – 2026 SAN MATEO COUNTY INCOME GUIDELINES
Size of Family or Number
in Household
Monthly Gross Income Annual Gross Income
1 $7,355 $88,260
2 $8,405 $100,860
3 $9,455 $113,460
4 $10,505 $126,060
5 $11,350 $136,200
6 $12,190 $146,280
7 $13,030 $156,360
8 $13,870 $166,440
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5 EXHIBIT B
AGREEMENT BUDGET
Budget Line Item San Mateo Program Total
Labor
Case Manager $8,065 $8,065
Case Manager $8,065 $8,065
Taxes/Benefits $3,870 $3,870
Rental Assistance $200,000 $200,000
TOTAL $220,000 $220,000
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5 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 ORGANIZATION 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.
If the ORGANIZATION maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the ORGANIZATION.
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 ORGANIZATION; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the ORGANIZATION 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 ORGANIZATION’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 ORGANIZATION’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 ORGANIZATION’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.
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5 Waiver of Subrogation
ORGANIZATION hereby grants to City a waiver of any right to subrogation which any insurer of said ORGANIZATION may acquire against the City by virtue of the payment of any loss under such insurance. ORGANIZATION 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 ORGANIZATION 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
ORGANIZATION 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 ORGANIZATION’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.