Belmont City Council
October 10, 2023

CITY OF BELMONT

CITY COUNCIL AND BELMONT FIRE

PROTECTION DISTRICT BOARD OF

DIRECTORS
www.belmont.gov

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT FROM CLOSED SESSION

4. SPECIAL PRESENTATIONS
A. Proclamation Recognizing Indigenous Peoples' Day, October 9, 2023

5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, October 10, 2023
7:00 PM
City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California
The meeting will be broadcast live to Belmont residents on Comcast Cable Channel 27, streamed live via the City’s website at www.Belmont.gov. The public may also attend the meeting in the Chambers and address the Council from the Chambers.

PUBLIC COMMENT:

To maximize time for live public comment, we encourage members of the public to provide comments by joining the Committee meeting via Zoom : For web, visit https://belmont-gov.zoom.us/ select “Join” and enter Meeting ID: 95745673035. Use the Raise Hand feature to request to speak. You may rename your profile if you wish to remain anonymous.

For dial- in comments, call *67 1-(669) 900-6833 (your phone number will appear on the live broadcast if *67 is not dialed prior to the phone number), enter Meeting ID: 95745673035, and press *9 to request to speak. All public comments are subject to a 3-minute time limit unless otherwise determined by the Committee Chair.

If you wish to submit written public comment, you may send an email to [email protected] before the council considers the item. Please indicate the agenda item topic or agenda item number you wish to comment on in your email’s subject line. Any public comment regarding agenda items that are received from the publication of the agenda through the meeting date will be made part of the meeting record but will not be read during the Council meeting.

This portion of the meeting is reserved for persons wishing to address the Body on any City matter not on the 1 6. COUNCILMEMBER ANNOUNCEMENTS

7. CONSENT BUSINESS
A. Approval of Minutes
B. Second Reading of Minimum Wage Ordinance Amendment
C. Central Square Community Development 3 Year Software Agreement D. Notice of Completion for the San Juan Pump Station Slope Repair Project, CCN 2019- 579

8. PUBLIC HEARINGS-None

9. GENERAL BUSINESS
agenda. The period for public comment at this point in the agenda is limited to 15 minutes, with a maximum of 3 minutes per speaker. Speakers who requested but did not receive an opportunity to speak during this comment period will be given an opportunity to address the Body later in the meeting. State law prohibits the Body from acting on non-agenda items.

Consent business items are considered to be routine in nature and will be enacted by one motion. There will be no separate discussion on these items unless a member or staf request specific items to be removed for separate action.

The City Attorney will read the title of ordinances to be adopted.

Recommendation: Consider modifications and approve minutes Attachment(s):

September 12, 2023 Council Meeting Minutes
September 26, 2023 Council Meeting Minutes
September 12, 2023 BFPD Meeting Minutes
September 26, 2023 BFPD Meeting Minutes
Recommendation: Approve an Ordinance to amend Belmont City Code Chapter 32 “Minimum Wage” to add a catch-up provision, round the minimum wage to the nearest five cents, and provide flexibility to the annual publishing timeline Attachment(s):

Ordinance
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with Central Square Technologies, for a 3-year subscription/maintenance of the City’s cloud-based Community Development software solution, for an amount not to exceed $232,000
Attachment(s):

Staff Report
Resolution
Year Agreement Support Agreement Pricing
Recommendation: Adopt a Resolution accepting the work for the San Juan Pump Station Slope Repair Project, City Contract Number 2019-579, by Brannon Corporation allowing for the filling of a Notice of Completion for the project
Attachment(s):

Staff Report
Resolution
General Business items are considered separately, typically in the order listed. The chair will call for public 2 A. Storm Drainage Master Plan Update and Contract Amendment

10. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF

11. MATTERS OF INTEREST/CLARIFICATION

12. ADJOURNMENT
comment on each item when the body considers the item.

Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute an amendment to an agreement with Wood Rodgers for the engineering services to include additional scope of work for an additional amount of $66,150 for the Stormwater Master Plan Update and Program Support Services bringing the total contract amount to a not-to-exceed $603,175, and receive an update on the progress of the draft plan Attachment(s):

Staff Report
Resolution
Amendment #1 Scope of Work
Storm Master Plan Presentation
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
B. Verbal report from City Manager
Items in this category are for discussion and direction to staf only. However, Council/Board may take final action on an item if there is no need for additional staf analysis.

If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Meeting information can also be accessed via the internet at:www.belmont.gov. All staf reports will be posted to the web in advance of the meeting, and any writings or documents provided to a majority of the City Council/District Board or Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's Of ice, One Twin Pines Lane, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting. 3 Combined Agency Meeting Minutes
Special and Regular Meeting
September 12, 2023

MINUTES OF SPECIAL AND REGULAR MEETINGS OF CITY OF BELMONT CITY

COUNCIL AND BELMONT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS City Council Chambers City Hall, One Twin Pines Lane, Belmont, California TUESDAY, SEPTEMBER 12, 2023
SPECIAL MEETING: 7:00 PM

ROLL CALL
COUNCILMEMBERS PRESENT: Latimerlo, Mates, McCune, Hurt
COUNCILMEMBERS ABSENT: Pang-Maganaris

PLEDGE OF ALLEGIANCE
Led by the Belmont Redwood Shores Little League Minors All Stars Team

REPORT FROM CLOSED SESSION
No closed session on the agenda

SPECIAL PRESENTATIONS
Recognition of District 52 Little League Majors Superbowl Championship Mayor Mates read a proclamation recognizing the Team.

Proclamation Designating September as Suicide Prevention Month Mayor Mates read the proclamation.

Dr. Maria Lorente Foresti, San Mateo County Behavioral Health and Recovery Services accepted the proclamation, and provided information on resources available to those struggling with mental health disorders.

Proclamation Designating September 2023 as National Recovery Month Mayor Mates read the proclamation.

Dr. Maria Lorente Foresti, San Mateo County Behavioral Health and Recovery Services accepted the proclamation.

Proclamation Designating September 15 to October 15, 2023 as National Hispanic Heritage Month
Mayor Mates read the proclamation.

Kayla Tolentino, San Mateo County Behavioral Health and Recovery Services Office of Diversity and Equity accepted the proclamation on behalf of the Latino, Latina, Latin X Collaborative.

Proclamation National Preparedness Month
Mayor Mates read the proclamation.
4 Combined Agency Meeting Minutes
Special and Regular Meeting
September 12, 2023

Jim Yoke, San Mateo County Consolidated Fire Department accepted the proclamation and provided comments on the importance of fire prevention preparedness.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Giuliano Carlini commented bicycle safety in Belmont.

Carolyn Boynton commented on firework disruption in the Homeview neighborhood.

Kathy Mahler concurred with comments provided by Carolyn Boynton.

COUNCILMEMBER ANNOUNCEMENTS
Councilmembers provided information on upcoming regional and community events.

CONSENT BUSINESS
Minutes City Council meeting July 25, 2023 and BFPD meeting July 25, 2023 Introduce an Ordinance to amend Belmont City Code Chapter 32 “Minimum Wage” to add a catchup provision, round the minimum wage to the nearest five cents, and provide flexibility to the annual publishing timeline
Resolution 2023-064 to Execute a Contract with the Lowest Responsible Bidder for an Amount not to Exceed $200,000 and a Ten Percent Construction Contingency for the 2023 Manor Roof Replacement Project, City Contract Number 2023-629
Resolution 2023-065 authorizing the City Manager to negotiate and execute an amendment to the contract with Kimley-Horn and Associates, Inc., for additional services to include traffic engineering support and construction assistance for the relocation of two electrical cabinets for an additional amount of $17,280, bringing the total contract cost to a not-to-exceed amount of $272,780
Resolution 2023-066 Authorizing the Acquisition of Three City Vehicles and Associated Equipment for a Total Amount not to Exceed $175,000

ITEMS REMOVED FROM CONSENT CALENDAR
Revised Master Employee Pay Schedule
Recommendation: Adopt a resolution approving a revision to the City’s Master Employee Pay Schedule in accordance with California Public Employees Retirement System (CalPERS) regulations.

City Manager Oskoui requested removal of this item for consideration at a subsequent meeting.

ACTION: on a motion made by Vice Mayor Hurt and seconded by Councilmember McCune the Consent Business items were approved by a roll call vote as amended (4-1 Pang-Maganaris absent).

PUBLIC HEARINGS
Issuance of Tax-Exempt Revenue Bonds by the California Statewide Communities Development Authority for Belmont Family Apartments at 803 Belmont Avenue Economic Development and Housing Manager Renfield provided an overview of the requirements of the Tax Equity and Fiscal Responsibility Act(“TEFRA”) and the Internal Revenue Code of 1986 that requires non-profit borrowers seeking tax-exempt bonds through a conduit issuer such as 5 Combined Agency Meeting Minutes
Special and Regular Meeting
September 12, 2023

California Municipal Financing Authority (CMFA) and or California State communities Development Authority (CSCDA) and to allow members of the public an opportunity to comment on the use of the tax-exempt bonds. She provided an outline of how the hearing relates to the 803 Belmont Avenue project.

Council discussion ensued.

Mayor Mates opened the public hearing no member of the public came forward to speak.

Mayor Mates closed the public hearing.

Council concurred with the staff report.

ACTION: on a motion by Vice Mayor Hurt and seconded by Councilmember McCune Resolution 2023-067 Approving the Issuance by the California Statewide Communities Development Authority of Multifamily Housing Revenue Bonds for the Belmont Family Apartments at 803 Belmont Avenue was approved by a roll call vote (4-1 Pang-Maganaris absent).

GENERAL BUSINESS
Review Solid Waste Rate Application and Revise Maximum Rates for Collection Services for 2024
Public Works Director Brown introduced Shawn Koorn, HDR, he provided an overview of the Recology Franchise Agreement with the City, he discussed the rate setting process. He reviewed the 2024 technical application for the rate process and provided an overview of the 2024 proposed Schedule L (regular pickups) and Schedule Q rates (related to additional pickups). He noted that the Schedule Q rates are proposed to increase at 4.20% and Schedule L maximum rate adjustment multiplier is 11.02%. He recommended that the City move forward with the Proposition 218 process for 2024 rates and set a public hearing date for November 14, 2023.

Council discussion ensued. Staff explained that the Schedule L - 11.02% are attributed to the tipping fees driven by labor costs.

Mayor Mates opened the public hearing no members of the came forward to speak.

No written comments were received.

Mayor Mates closed the public hearing.

Council deliberation ensued.

ACTION: on a motion made by Councilmember McCune and seconded by Vice Mayor Hurt Resolution 2023-068 stating the City of Belmont’s intent to revise the maximum rates that may be charged for solid waste, recyclable materials, and organic materials collection services effective January 1, 2024, and set a Public Hearing date for November 14, 2023, was approved by a roll call vote (4-1 Pang-Maganaris absent).
6 Combined Agency Meeting Minutes
Special and Regular Meeting
September 12, 2023

Approval of Resolution Authorizing South Bayside Waste Management Authority to Acquire Real Property Located at 1245 San Carlos Avenue, Unit E, San Carlos, CA Public Works Director Brown introduced Joe La Mariana, SBWMA Executive Director, he provided an overview of SBWMA current office space at the San Carlos Library and a proposed acquisition of office space at the San Carlos Wheeler Plaza to be utilized as the administrative offices for SBWMA negotiated at $1,700,000. Mr. La Mariana stated that the Authority commissioned a cost analysis with HF&H Consulting which determined that purchasing the Property and making necessary improvements on an assumed total budget of $2.5 million will result in a 39% cost savings versus entering into a long-term lease for office space at current market rates. He explained that the Joint Exercise of Powers Agreement for the SBWMA requires that the acquisition of real property be approved by no less than 2/3 of the member agencies and noted that 10 of 12 agencies approved the purchase.

No public comment received on this item.

Council deliberated on the item and concurred to support the proposal.

ACTION: On a motion made by Councilmember McCune and seconded by Councilmember Latimerlo Resolution 2023-069 Approving The Acquisition of Real Property Located at 1245 San Carlos Avenue, Suite E, San Carlos, California By the South Bayside Waste Management Authority was approved by a roll call vote (4-1 Pang-Maganaris absent).

Designation of Voting Delegate and Alternate for League of California Cities Annual Conference September 20-22, 2023

ACTION: On a motion made by Councilmember McCune and seconded by Vice Mayor Hurt City Manager Oskoui was named a voting delegate for the resolutions that will be considered at the Conference Business Meeting and Mayor Mates as alternate for the upcoming League of California Cities (Cal Cities) Annual Conference.

BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
None
Verbal report from City Manager
City Manager Oskoui recognized the Parks and Recreation and Public Works staff for their efforts during the summer months. He shared a brief pavement project video and noted that the green approach to pavement preservation was a first for the Peninsula area.

MATTERS OF INTEREST/CLARIFICATION
Discussion of City Council Compensation Review
Mayor Mates stated that she and Councilmember Latimerlo are seeking direction to whether the Council would consider assessing and updating the Council compensation schedule which has not 7 Combined Agency Meeting Minutes
Special and Regular Meeting
September 12, 2023

been reviewed since 1984. She noted that in 1995 the council compensation was raised from $90 to the current $390 per month. She stated that SB 329 signed by California Governor would provide cities with the option to adjust council member compensation to account for inflation and support diversity in city councils because increased compensation can help individuals from across different income levels receive sufficient income for their service. She noted that the bill aligns with the City of Belmont’s focus on community engagement and equitable representation.

No public comment received on this item.

Council concurred to continue the discussion at subsequent meetings.

ADJOURNMENT at this time being 8:35 p.m.

Jozi Plut, City Clerk
8 Combined Agency Meeting Minutes
September 26, 2023

MINUTES OF SPECIAL AND REGULAR MEETINGS OF CITY OF BELMONT CITY

COUNCIL AND BELMONT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS City Council Chambers City Hall, One Twin Pines Lane, Belmont, California TUESDAY, SEPTEMBER 26, 2023
SPECIAL MEETING: 6:00 PM

ROLL CALL
COUNCILMEMBERS PRESENT: Latimerlo (arrived at 6:20 p.m.), Pang-Maganaris, McCune, Hurt
COUNCILMEMBERS ABSENT: Mates

ITEMS OF BUSINESS

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1), One case: Joseph P. Cuviello v. City of Belmont et al., U.S.

District Court, N.D. Cal. 23-cv-00029-LB, U.S. Court of Appeals, Ninth Circuit No. 23- 16135
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation under Government Code Section 54956(d)(2): one case Letter threatening litigation dated June 22, 2023, from Greenfire Law, PC on behalf of Deniz Bolbol, Joseph P. Cuviello and Friends of Waterdog Open Space CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION initiation of litigation under Government Code Section 54956.9(d)(4):1 case No public comment received.

SPECIAL PRESENTATION 6:30 P.M.

Research and Development/Life Sciences - Understanding Biosafety Levels (BSL) Community Development Director de Melo introduced the item stating that the information received will be used in the zoning text amendments for that portion of the City.

Melanie Cohn, Sr. Director, Regional Policy & Government Affairs Biocom California presented an overview of research and development and life sciences in California. She noted that the industry is growing exponentially and providing a diverse workforce. She provided an overview of biosafety levels, noting that there are four levels each with specific controls that outline safeguards designed to protect lab personnel and the surrounding community. She described the regulations processes.

Council discussion ensued. Item was informational only no action taken.

No public comment received on the item.
9 Combined Agency Meeting Minutes
September 26, 2023

Adjournment to the regular meeting at this time being 7:00 p.m.

CITY COUNCIL REGULAR MEETING
CALL TO ORDER 7:00 PM

ROLL CAL
COUNCILMEMBERS PRESENT: Latimerlo, Pang-Maganaris, McCune, Hurt COUNCILMEMBERS ABSENT: Mates

PLEDGE OF ALLEGIANCE
Led by Vice Mayor Hurt.

REPORT FROM CLOSED SESSION
On the matter of Patrick Cuviello Joseph P. Cuviello v. City of Belmont et al., U.S. District Court, N.D. Cal. 23-cv-00029-LB, U.S. Court of Appeals, Ninth Circuit No. 23-16135 direction was given to defend the appeal. There is no reportable action on the two remaining items.

SPECIAL PRESENTATIONS
County Child Care Report
Sarah Kinahan, Coordinator, Child Care Partnership Council provided an overview of a recently conducted childcare needs assessment in San Mateo County and specific to the City of Belmont.

She noted that there is an overall decrease in childcare spaces since 2017 in both in family child care homes as well as child care centers and demands continues to rise.

National Night Out Recap
Police Captain Armando presented an overview of the August 1, 2023, National Night Out Community event.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Giuliano Carlini commented on bicycle safety in Belmont.

COUNCILMEMBER ANNOUNCEMENTS
Councilmembers commented on upcoming community events.

CONSENT BUSINESS
Monthly Financial Reports - June and July 2023
City of Belmont’s response letter to the San Mateo County Civil Grand Jury Report dated July 10, 2023 entitled Bike Safety in San Mateo County
Resolution 2023-070 authorizing the City Manager to negotiate and execute an amendment to the service agreement with The Z Bridge LLC for diversity, equity, and inclusion consulting for an additional $30,000 and a total not-to-exceed of $72,000 Resolution 2023-071 creating the New Classification, Parks and Facilities Supervisor; Revising The Job Classifications of Parks Manager, Senior Parks Maintenance Worker and Parks Maintenance Worker I/II and Revising The City’s Master Pay Schedule 10 Combined Agency Meeting Minutes
September 26, 2023

Resolution 2023-072 creating the New Classification, Senior Permit Technician; And Revising The City’s Master Pay Schedule
Resolution 2023-073 approving the Job Description for Teachers Aide Resolution 2023- 074 Adopting the City’s Revised Master Pay Schedule In accordance with California Public Employees retirement system regulations Resolution 2023- 075 authorizing the City Manager to execute a contract for the acquisition of public safety portable radios and associated equipment for a total amount not to exceed $162,854.36
City Manager Oskoui noted that a revised Monthly Financials document was distributed to the Council prior to the meeting and would be included in the record.

In response to Council inquiry Police Lieutenant Hussey explained that the acquisition of public safety portable radios will be compatible with other radio systems used in the surrounding agencies.

In discussion regarding the response to the San Mateo County Civil Grand Jury Report entitled Bike Safety in San Mateo County Councilmember Latimerlo suggested that a dedicated reporting portable be added to the City’s website for bike theft.

Public Comment:

Giuliano Carlini commented on the Grand Jury Report on Bike Safety in San Mateo County response letter.

ACTION: by motion made by Councilmember McCune and seconded by Councilmember PangMaganaris the Consent Business items were unanimously approved by a roll call vote. (4-1, Mates absent).

PUBLIC HEARINGS-None

GENERAL BUSINESS
2023-2031 Housing Element Update
Assistant City Manager Kleinbaum explained the Housing Element Update process and city actions to date. She provided an overview of the comments received from the state, noting that they requested more robust detail and justification for the City’s analysis. She noted that the State found the Affirmatively Furthering Fair Housing (AFFH) strategy the City submitted to be incomplete. She further noted that the State requested the City add actions to encourage development of more housing choices and affordable housing throughout the City. She outlined the Staff’s recommendations in response to the State’s ask including a commitment to additional dwelling unites (ADU) financial incentives and allowing conversion to 2-units – allowing homes to split into 2-units with their existing footprint without restricting the unit size. Ms. Kleinbaum concluded her presentation and requested that Council provide direction on the additional proposed programs to affirmatively further fair housing per the States Department of Housing and Community Development.
11 Combined Agency Meeting Minutes
September 26, 2023

Council deliberation ensued.

No public came forward to speak on this item.

Council concurred to support Staff’s recommendation.

General Plan Safety Element Update Project
Senior Planner DiDonato provided an update on the General Plan Safety Element, he explained that the General Plan is the long-range policy document that includes certain mandatory elements.

He noted that the Safety Element is a mandatory element that identifies potential hazards and includes a plan to minimize risk and harm to the community. He noted that the documents were last updated in 2017. He further explained that in April 2023, The Belmont City Council adopted a Resolution entering into a Memorandum of Understanding (MOU) with San Mateo County to participate in the Safety Element Collaborative. He provided an outline and schedule for the update project and noted that PlaceWorks was engaged to consult on the City’s involvement in the collaborative and has identified touch points when the City is expected to contribute to the project, and what those contributions would entail. He noted that more briefings will be provided to the Council as outreach begins.

No public comments received for this action.

And no other action required at this time.

SB 1383 Resolution Approval of Local Assistance Grant and Update Public Works Director Brown provided a background on Senate Bill 1383. He explained that the bill is an unfunded state mandate, and the City is looking for ways to mitigate the cost. He noted that the City is eligible for a second-round local assistance grant for $75,000 to be used for continued community outreach, inspections, mandatory enforcement, and part-time supplemental staffing. He provided an overview of the City’s compliance with the regulations to date.

Mr. Brown conclude his report and noted that the grant application requires Council approval.

ACTION: On a motion made by Councilmember Latimerlo and seconded by Councilmember Pang-Maganaris Resolution 2023-076 authorizing an application for the SB 1383 Local Assistance Grant for up to $75,000 and receive an update on compliance with CalRecycle SB 1383 regulations was approved by roll call vote (4-1 Mates absent).

BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
None
Verbal report from City Manager
City Manager Oskoui noted the actions of the Belmont Police Personnel in the apprehension of an arsonist, setting fires along in certain areas of the City. He announced the upcoming movies in the park and an open house, Waterdog Run, and a high school faire at Twin Pines Center. 12 Combined Agency Meeting Minutes
September 26, 2023

He reported on attending the League of California Cities Conference.

MATTERS OF INTEREST/CLARIFICATION
Vice Mayor and Councilmember Pang-Maganaris requested Council interest in contracting with Community Overcoming Relationship Abuse (CORA).

City Manager Oskoui stated that staff will review options and report findings to Council.

ADJOURNMENT at 8:20 p.m. in memory of Belmont Police Officer in varying capacities from 1959 to 1983, and longtime Belmont resident Robert Goran, and Lloyd Edwards civic leader, entrepreneur, co-founder of the Lew Edwards Group with whom the City contracts for consulting services.

Jozi Plut, City Clerk
13 REGULAR MEETING

BELMONT FIRE PROTECTION DISTRICT
September 12, 2023

MEETING MINUTES OF CITY OF BELMONT CITY COUNCIL AND BELMONT FIRE

PROTECTION DISTRICT BOARD OF DIRECTORS REGULAR MEETING
City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California TUESDAY, SEPTEMBER 12, 2023
CALL TO ORDER: 7:00 PM

ROLL CALL
DIRECTORS PRESENT: LATIMERLO, MATES, MCCUNE, HURT
DIRECTORS ABSENT: Pang-Maganaris

CONSENT BUSINESS
Meeting Minutes of BFPD July 25, 2023
ACTION: By motion made by Vice Chair Hurt and seconded by Director McCune the Consent Business items were approved by a roll call vote as amended (4-1 Pang-Maganaris absent).

ADJOURNMENT at this time being 8:35 p.m.

Jozi Plut, District Secretary
14 REGULAR MEETING

BELMONT FIRE PROTECTION DISTRICT
September 26, 2023

MEETING MINUTES OF CITY OF BELMONT CITY COUNCIL AND BELMONT FIRE

PROTECTION DISTRICT BOARD OF DIRECTORS REGULAR MEETING
City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California TUESDAY, SEPTEMBER 26, 2023
CALL TO ORDER: 7:00 PM

ROLL CALL
DIRECTORS PRESENT: LATIMERLO, MATES, MCCUNE, HURT
DIRECTORS ABSENT: Pang-Maganaris

CONSENT BUSINESS
No BFPD business conducted at this meeting.

ADJOURNMENT at 8:20 p.m. in memory of Belmont Police Officer in varying capacities from 1959 to 1983, and longtime Belmont resident Robert Goran, and Lloyd Edwards civic leader, entrepreneur, co-founder of the Lew Edwards Group with whom the City contracts for consulting services.

Jozi Plut, District Secretary
15

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BELMONT AMENDING BELMONT CITY CODE CHAPTER 32 REGARDING MINIMUM WAGE
WHEREAS, in November 2017, the Belmont City Council adopted a local minimum wage ordinance incrementally increasing its local minimum wage to $15.90 per hour by 2021 and every year thereafter by the lesser of 3.5 percent or a percentage amount equal to the prior year’s increase, if any, in the regional Consumer Price Index (CPI); and, WHEREAS, the City is responsible for notifying businesses of the new wage annually and investigating potential violations, with follow-up enforcement as needed; and, WHEREAS, upon observing the City’s minimum wage ordinance in action and reviewing similar ordinances enacted by neighboring jurisdictions, staff now recommends ordinance amendments; and,
WHEREAS, catch-up provisions have been included in the minimum wage ordinances of other jurisdictions and would allow the actual CPI and to catch up to the adjusted CPI over time, while still preventing businesses from weathering larger increases on a given year; and, WHEREAS, the act of rounding the adjusted wage to the nearest five cents has been built into the ordinances of other jurisdictions as well as state law; and WHEREAS, current noticing deadlines sometimes created an administrative burden due to the quick turnaround required following the mid- to late-September release of the August-to-August regional CPI.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. BCC SECTION 32-3 AMENDED
Belmont City Code Section 32-3 is amended in part as follows:

Sec. 32-3 – Hourly rate.

The City Minimum Wage is:
(a) Beginning July 1, 2018, an hourly rate of $12.50;
(b) Beginning January 1, 2019, an hourly rate of $13.50; (c) Beginning January 1, 2020, an hourly rate of $15.00; (d) Beginning January 1, 2021, an hourly rate of $15.90; and (e) Beginning on January 1, 2022, and each January thereafter, the prior year hourly rate will be increased by the lesser of 3.5 percent or a percentage amount equal to the prior year's increase, if any, in the Consumer Price Index (CPI) for San Francisco-Oakland-San Jose as 16

determined by the United States Department of Labor. The change is calculated by using the August to August change in the CPI to calculate the annual increase, if any. The hourly rate is not decreased by a decrease in the CPI.
(f) Beginning on January 1, 2022, and each January thereafter, when the CPI exceeds the

3.5 percent cap, the percentage amount in excess of the cap will be applied to the following year’s CPI increase, up to the 3.5 percent cap. Excess amounts will be carried over from year to year until the actual CPI and the cap-adjusted CPI are equivalent. Additionally, the amount of the minimum wage increase will be rounded to the nearest five cents ($.05).

SECTION 2. BCC SECTION 32-5 AMENDEDED
Belmont City Code Section 32-5 is amended in part as follows:

Sec. 32-5 – Implementation.
(a) During October of each year, the City Manager will publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, to take effect January 1 of the following year. During November of each year, the City Manager publish and make available to Employers a notice suitable for posting by Employers in the workplace informing Employees of the Minimum Wage rate and of their rights under this Chapter. (b) The City Manager may promulgate regulations for the implementation and enforcement of this Chapter, including procedures for the fair, efficient and cost-effective implementation of this Chapter, for informing Employees of their rights under this Chapter, for monitoring Employer compliance with this Chapter, and for providing administrative hearings or determining whether an Employer has violated the requirements of this Chapter.

SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Belmont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 4. EFFECTIVE DATE
This Ordinance takes effect and will be enforced 30 days after its adoption. * * *
17

The City Council of the City of Belmont, California introduced the foregoing ordinance, on September 12, 2023 and adopted the ordinance at a regular meeting held on October 10, 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
18

Central Square Community Development 3 Year Agreement - Staff Report.docx

STAFF REPORT
Meeting Date: October 10, 2023
Agency: City of Belmont
Staff Contact: Jason Eggers, IT Manager, 650-598-4206, [email protected] Agenda Title: Central Square Community Development 3 Year Software Agreement Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with Central Square Technologies, for a 3-year subscription/maintenance of the City’s cloud-based Community Development software solution, for an amount not to exceed $232,000.

Strategic Focus Area
Fiscal and Organizational Sustainability
Background
The City’s current community development cloud-based software application, from Central Square Technologies, was implemented and configured in 2020. The Software as a Service (SaaS) solution is simply called ‘Community Development’ and contains several modules, including: permitting, projects and planning, code compliance, licensing, land management, citizen response, workspace, reporting/analytics as well as GIS and mobile functionality.

Analysis
The current software application is meeting the organizational needs, and the City is operating under a grace period, as a new maintenance agreement is due at this time. The renewal period for the Community Development Product is from Sept 30, 2023, to Sept 29, 2024. To secure pricing for the current year, and the following two years, Central Square has provided the renewal amount with a 5% year over year increase for the next two years, with an amount due of under $74,000 in 2023, just under $77,000 in 2024, and just under $81,000 in 2025. The total 3-year support and maintenance fees for the community development solution will not exceed $232,000.

Alternatives

1. Refer to staff for more information.

Attachments
A. Vendor’s Support Agreement including 3 years of maintenance fees for the community development solution.

B. Invoice for current year maintenance and support.
19

Central Square Community Development 3 Year Agreement - Staff Report.docx Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
$73,176 is anticipated for the subscription/maintenance service for FY 2023-24 and funding is allocated in the budget, Account Number 573-1-301-8359. The remaining funding for this
Agreement will be incorporated during the budget development process for the FY 2024-25 and FY 2025-26 budgets and is contingent on Council appropriation.

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda 20

RESOLUTION NO. 2023 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

AUTHORIZING THE CITY MANAGER TO CONTRACT WITH CENTRAL SQUARE

TECHNOLOGIES FOR HOSTED SOFTWARE AND MAINTENANCE
WHEREAS, the City’s current community development software is hosted by Central Square Technologies and was implemented in 2020 with a three-year agreement; and, WHEREAS, the software application is meeting the organizational needs and currently a new software solution and maintenance agreement is due.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The City Manager is authorized to negotiate and execute an agreement purchasing three years of maintenance and support for a SaaS solution from Central square Technologies for an amount not to exceed $232,000.
* * *
ADOPTED October 10, 2023 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
21 CentralSquare Solutions and Support Agreement
This CentralSquare Solutions and Support Agreement (the "Agreement"), effective as of ___________, 20____ (the "Effective Date"), is entered into between CentralSquare Technologies, LLC with its principal place of business in Lake Mary, FL ("CentralSquare") and City of Belmont, CA ("Customer"), together with CentralSquare, the "Parties", and each, a "Party".

WHEREAS, CentralSquare licenses and gives access to certain software applications (“Solutions”) to its customers and also provides maintenance, support, migration, installation and other professional services; and WHEREAS, This Agreement and its Addenda or Amendment(s) represent the entire agreement between the Parties hereto and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written agreements, oral agreements, representations, understandings or negotiations with respect to the matters covered by this Agreement; and
WHEREAS, Customer desires to license and/or gain access to certain Solutions and receive professional services described herein, and CentralSquare desires to grant and provide Customer license and access to such offerings as well as to provide support and maintenance, subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by the signatures of their duly authorized representative below, the Parties intending to be legally bound, agree to all of the following provisions and exhibits of this Agreement:

CentralSquare Technologies, LLC City of Belmont
1000 Business Center Drive
Lake Mary, FL 32746
1 Twin Pines Lane,
Belmont, CA , 94002
By: \Signature2\ By: \Signature1\
Print Name: \FullName2\ Print Name: \FullName1\
Print Title: \Title2\ Print Title: \Title1\
Date Signed: \DateSigned2\ Date Signed: \DateSigned1\
Solution: Community Dev PA
Term.

Initial Term. The Initial Term of this Agreement commences as of the Effective Date and will continue in effect for three (3) year(s) from such date unless terminated earlier pursuant to any of the Agreement’s express provisions (the “Initial Term”).

Renewal Term. This Agreement will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to any of the Agreement’s provisions (a “Renewal Term” and, collectively, with the Initial Term, the “Term”).

Non-Renewal. Either Party may elect to end renewal of the Agreement by issuing a notice of non-renewal, in writing, to the other Party six (6) months prior to the expiration of the Agreement term.

Fees.

In consideration of the rights and services granted by CentralSquare to Customer under this Agreement, Customer shall make payments to CentralSquare pursuant to the amounts and payment terms outlined in Exhibit 1 (the Solution(s) Support and Maintenance Fees).

All invoices shall be billed and paid in U.S. dollars (USD) and in accordance with the terms set forth in Exhibit 1. If Customer delays an invoice payment for any reason, Customer shall promptly notify CentralSquare in writing the reasons for such delay. Unless otherwise agreed by both Parties, CentralSquare may apply any payment received to any delinquent amount outstanding.
22 2
Standard Terms and Conditions

1. Definitions. Capitalized terms not otherwise defined in this Agreement have the meanings set forth below:

1.1. "Affiliate" means any other Entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Entity.

1.2. "Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Solutions pursuant to this Agreement, and for whom access to the Solutions has been purchased.

1.3. “Baseline Solution” means the version of a Solution updated from time to time pursuant to CentralSquare’s warranty services and maintenance, but without any other modification.

1.4. "CentralSquare Systems" means the information technology infrastructure used by or on behalf of CentralSquare to deliver the Solutions, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by CentralSquare or through the use of third-party services.

1.5. "Customer Data" means information, data, and content, in any form or medium, collected, downloaded, or otherwise received, directly or indirectly from Customer, an Authorized User or end-users by or through the Solutions, provided the data is not personally identifiable and not identifiable to Customer.

1.6. "Customer Systems" means the Customer's information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated by Customer or through the third-party services.

1.7. “Defect” means a material deviation between the Baseline Solution and its Documentation, for which Customer has given CentralSquare sufficient information to enable CentralSquare to replicate the deviation on a computer configuration that is both comparable to the Customer Systems and that is under CentralSquare’s control.

Further, with regard to any custom modification, Defect means a material deviation between the custom modification and the CentralSquare generated specification and Documentation for such custom modification, and for which Defect Customer has given CentralSquare sufficient information to enable CentralSquare to replicate the deviation on a computer configuration that is both comparable to the Customer Systems and that is under CentralSquare’s control.

1.8. “Delivery” means:

1.8.1. For on-premise Solutions, Delivery shall be when CentralSquare delivers to Customer the initial copies of the Solutions outlined in Exhibit 1 by whichever the following applies and occurs first (a) electronic delivery, by posting it on CentralSquare’s network for downloading, or similar suitable electronic file transfer method, or (b) physical shipment, such as on a disc or other suitable media transfer method, or (c) installation, or (d) delivery of managed services server. Physical shipment is on FOB - CentralSquare’s shipping point, and electronic delivery is at the time CentralSquare provides Customer with access to download the Solutions.

1.8.2. For cloud-based Solutions Delivery shall be whichever the following applies and occurs first when Authorized Users have (a) received log-in access to the Solution or any module of the Solution or (b) received access to the Solution via a URL.

1.9. "Documentation" means any manuals, instructions, or other documents or materials that CentralSquare provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Solution(s), including any aspect of its installation, configuration, integration, operation, use, support, or maintenance.

1.10. “End User Training” means the process of educating general users of the Software on the operation of the Software.

1.11. “Entity” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association, or other organization.

1.12. “Hardware” means any equipment, computer systems, servers, storage devices, peripherals, and any other tangible assets purchased under this Agreement.

1.13. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

1.14. “Managed Services Hardware” means any equipment, computer systems, servers, peripherals, and any other tangible asset purchased as a subscription under this Agreement.

1.15. “Maintenance” means optimization, error correction, modifications, and Updates (defined herein) to CentralSquare Solutions to correct any known Defects and improve performance. Maintenance will be provided for each Solution, the hours and details of which are described in Exhibit 2 (Maintenance and Support) 23 3

1.16. “New or Major Releases” means new versions of a Baseline Solution (e.g., version 4.0, 5.0 etc.) not provided as part of Maintenance.

1.17. "Personal Information" means any information that does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located. Personal Information includes all "nonpublic personal information" as defined under the Gramm-Leach-Bliley Act, "protected health information" as defined under the Health and Insurance Portability and Accountability Act of 1996, "Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and regulations issued under any of the foregoing.

1.18. “Professional Services” means configuration, installation, implementation, development work, training or consulting services including custom modification programming, support relating to custom modifications, onsite support services, assistance with data transfers, system restarts and reinstallations provided by CentralSquare.

1.19. “Project Kickoff” is a meeting to occur shortly after contract execution between CentralSquare and Customer in which goals and objectives are set forth, all parties relevant team members are identified, and scope, timelines, and milestones are reviewed.

1.20. “Reliability Period” is the time period in which the Software is tested and confirmed reliable by successfully completed fifteen (15) continuous days in a live environment with no repeatable Priority 1 or Priority 2 issues as defined in Exhibit 2, unless otherwise agreed in a statement of work.

1.21. “Software” means the software program(s) (in object code format only) identified on Exhibit 1 (Solution(s) Support and Maintenance Fees). The term “Software” excludes any Third-Party Software.

1.22. “Software Version” means the base or core version of the Solution Software that contains significant new features and significant fixes and is available to the Customer. The nomenclature used for updates and upgrades consists of major, minor, build, and fix and these correspond to the following digit locations of a release, a,b,c,d. An example of which would be 7.4.1.3, where the 7 refers to the major release, the 4 refers to the minor release, the 1 refers to the build, and the 3 refers to a fix.

1.23. "Solutions" means the software, Documentation, development work, CentralSquare Systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, provided or used by CentralSquare or any Subcontractor in connection with Professional Services or Support Services rendered under this Agreement.

1.24. “Support Services” means Maintenance, Enhancements, implementation of New Releases, and general support efforts to respond to incidents reported by Customer in accordance with Exhibit 2 (Maintenance & Support) and Exhibit 7 (Managed Services Provisions), if applicable.

1.25. "Third-Party Materials" means materials and information, in any form or medium, including any software, documents, data, content, specifications, products, related services, equipment, or components of or relating to the Solutions that are not proprietary to CentralSquare.

2. License, Access, and Title.

2.1. License Grant. For any Solution designated as a “license” on Exhibit 1, Customer is granted a perpetual (unless terminated as provided herein), nontransferable, nonexclusive right and license to use the Software for Customer’s own internal use for the applications described in the Statement of Work, in the applicable environment (e.g., production, test, training, or disaster recovery system) and in the quantity set forth in Exhibit

1. Additional software licenses purchased after the execution of this Agreement shall also be licensed in accordance with the provisions of this section. Customer shall not use, copy, rent, lease, sell, sublicense, modify, create derivative works from/of, or transfer any software, or permit others to do said acts, except as provided in this Agreement. Any such unauthorized use shall be void and may result in immediate and automatic termination of the applicable license. In such event, Customer shall not be entitled to a refund of any license fees paid.

Notwithstanding, Customer shall be entitled to use software at the applicable designated location for the purpose of the application(s) described in the Statement of Work to provide services for itself and other Affiliate governmental agencies/entities, provided that the Software is installed and operated at only one physical location. The Software license granted in this Agreement or in connection with it are for object code only and do not include a license or any rights to source code whatsoever.

2.2. Access Grant. For any Solution designated as a “subscription” on Exhibit 1, so long as subscription fees are paid and current, (unless terminated as provided herein), Customer is granted a nontransferable, nonexclusive right to use the software for the Customer’s own internal use for the applications described in the Statement of Work, in the applicable environment (e.g., production, test, training, or disaster recovery system) and in the quantity set forth in Exhibit 1. Additional CentralSquare software subscriptions purchased after the execution of this Agreement shall also be accessed in accordance with the provisions of this section. Customer shall not use, copy, rent, lease, sell, sublicense, modify, create derivative works from/of, or transfer any software, or permit others to do said acts, except as provided in this Agreement. Any such unauthorized use shall be void and may result in immediate and automatic termination of the applicable access. In such event, Customer shall not be entitled to a refund of any subscription fees paid. Notwithstanding, Customer shall be entitled to use software at 24 4
the applicable designated location for the purpose of the application(s) described in the Statement of Work to provide services for itself and other Affiliate governmental agencies/entities. The subscription access granted in this Agreement or in connection with it are for object code only and do not include a license or any rights to source code whatsoever.

2.3. Documentation License. CentralSquare hereby grants to Customer a non-exclusive, non-sublicensable, nontransferable license to use the Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Solutions.

2.4. Hardware. Subject to the terms and conditions of this Agreement, CentralSquare agrees to deliver, through hardware vendors, the Hardware itemized on Exhibit 1. The risk of loss or damage will pass to Customer upon the date of delivery to the Customer specified facility. Upon delivery and full satisfaction of the Hardware payment obligations, Hardware shall be deemed accepted and Customer will acquire good and clear title to Hardware.

All Hardware manufacturer warranties will be passed through to Customer. CentralSquare expressly disclaims, and Customer hereby expressly waives all other Hardware warranties, express or implied, without limitation, warranties of merchantability and fitness for a particular purpose.

2.5. Managed Services Hardware. Subject to the terms and conditions of this Agreement, CentralSquare agrees to deliver the Managed Services Hardware itemized on Exhibit 1. So long as the applicable subscription fees are paid and current, Customer shall maintain a limited right in possessory interest in the Managed Services Hardware. No title in the Managed Services Hardware will pass to Customer at any time or for any reason.

Customer agrees to maintain adequate insurance against fire, theft, or other loss for the Managed Services Hardware full insurable value. CentralSquare shall coordinate any defect or warranty claims in accordance with Exhibit 7, if applicable.

2.6. Reservation of Rights. Nothing in this Agreement grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Solutions, or Third-Party Materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in the Solutions, and the Third-Party Materials are and will remain with CentralSquare and the respective rights holders.

3. Use Restrictions. Authorized Users shall not:

3.1. copy, modify, or create derivative works or improvements of the Solutions, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Solutions to any Entity, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;

3.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Solutions, in whole or in part;

3.3. bypass or breach any security device or protection used by Solutions or access or use the Solutions other than by an Authorized User through the use of his or her own then valid access;

3.4. input, upload, transmit, or otherwise provide to or through the CentralSquare Systems, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code (any software, hardware, device, or other technology, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer, software firmware, hardware, system or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or (b) prevent Customer or any Authorized User from accessing or using the Solutions as intended by this Agreement;

3.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the CentralSquare Systems, or CentralSquare's provision of services to any third-party, in whole or in part;

3.6. remove, delete, alter, or obscure any trademarks, specifications, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Documentation or Solutions, including any copy thereof;

3.7. access or use the Solutions in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third-party, or that violates any applicable law;

3.8. access or use the Solutions for purposes of competitive analysis of the Solutions, the development, provision, or use of a competing software service or product or any other purpose that is to CentralSquare's detriment or commercial disadvantage or otherwise access or use the Solutions beyond the scope of the authorization granted in Section 2.

4. Audit.

4.1. CentralSquare shall have the right to audit Customer’s use of the Software to monitor compliance with this Agreement. Customer shall permit CentralSquare and its directors, officers, employees, and agents to have onsite access at Customer’s premises (or remote access as the case may be) during normal business hours to such systems, books, and records for the purpose of verifying license counts, access counts, and overall compliance with this Agreement. Customer shall render reasonable cooperation to CentralSquare as requested. If as a result of any audit or inspection CentralSquare substantiates a deficiency or non-compliance, or if an audit reveals that 25 5
Customer has exceeded the restrictions on use, Customer shall promptly reimburse CentralSquare for all its costs and expenses incurred to conduct such audit or inspection and be required to pay for any delinquencies in compliance and prompt payment of any underpayment of Fees.

5. Customer Obligations.

5.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain, and operate in good repair all Customer Systems on or through which the Solutions are accessed or used; (b) provide CentralSquare Personnel with such access to Customer's premises and Customer Systems as is necessary for CentralSquare to perform the Support Services in accordance with the Support Standards and specifications and if required by CentralSquare, remote access in accordance with Exhibit 3 (CentralSquare Access Management Policy); and (c) provide all cooperation as CentralSquare may reasonably request to enable CentralSquare to exercise its rights and perform its obligations under this Agreement.

5.2. Effect of Customer Failure or Delay. CentralSquare is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of its obligations under this Agreement.

5.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited by Section 6, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Solutions and permanently erasing from their systems and destroying any data to which any of them gained unauthorized access); and (b) notify CentralSquare of any such actual or threatened activity.

5.4. Maintaining Current Versions of CentralSquare Solutions. In accordance with Exhibit 2 (Maintenance & Support) and Exhibit 7 (Managed Services Provisions), if applicable. Customer shall install and/or use any New or Major Release within one year of being made available by CentralSquare to mitigate a performance problem, ineligibility for Support Services, or an infringement claim.

6. Professional Services.

6.1. Compliance with Customer Policies. While CentralSquare personnel are performing services at Customer's site, CentralSquare personnel will comply with Customer’s reasonable procedures and site policies that are generally applicable to Customer’s other suppliers providing similar services and that have been provided to CentralSquare in writing or in advance.

6.2. Contributed Material. In the process of CentralSquare’s performing Professional Services, Customer may, from time to time, provide CentralSquare with designs, plans, or specifications, improvements, works or other material for inclusion in, or making modifications to, the Solutions, the Documentation or any other deliverables (“Contributed Material”). Customer grants to CentralSquare a nonexclusive, irrevocable, perpetual, transferable right, without the payment of any royalties or other compensation of any kind and without the right of attribution, for CentralSquare, CentralSquare’s Affiliates and CentralSquare’s licensees to make, use, sell and create derivative works of the Contributed Material.

7. Confidentiality.

7.1. Nondisclosure. The Parties agree, unless otherwise provided in this Agreement or required by law, not to use or make each other's Confidential Information available to any third party for any purpose other than as necessary to perform under this Agreement. “Confidential Information” means the Solution(s), Software, and customizations in any embodiment, and either Party’s technical and business information relating to inventions or software, research and development, future product specifications, engineering processes, costs, profit or margin information, marketing and future business plans as well as any and all internal Customer and employee information, and any information exchanged by the Parties that is clearly marked with a confidential, private or proprietary legend or which, by its nature, is commonly understood to be confidential.

7.2. Exceptions. A Party's Confidential Information shall not include information that: (a) is or becomes publicly available through no act or omission of the recipient; (b) was in the recipient’s lawful possession prior to the disclosure and was not obtained by the recipient either directly or indirectly from the disclosing Party; (c) is lawfully disclosed to the recipient by a third party without restriction on recipient’s disclosure, and where recipient was not aware that the information was the confidential information of discloser; (d) is independently developed by the recipient without violation of this Agreement; or (e) is required to be disclosed by law.

8. Security.

8.1. CentralSquare will implement commercially reasonable administrative, technical and physical safeguards designed to ensure the security and confidentiality of Customer Data, protect against any anticipated threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access or use of Customer Data. CentralSquare will review and test such safeguards on no less than an annual basis.

8.2. Customer shall maintain, in connection with the operation or use of the Solutions, adequate technical and procedural access controls and system security requirements and devices, necessary for data privacy, confidentiality, integrity, authorization, authentication, non-repudiation, virus detection and eradication. 26 6

8.3. To the extent that Authorized Users are permitted to have access to the Solutions, Customer shall maintain agreements with such Authorized Users that adequately protect the confidentiality and Intellectual Property Rights of CentralSquare in the Solutions and Documentation and disclaim any liability or responsibility of CentralSquare with respect to such Authorized Users.

9. Personal Data. If CentralSquare processes or otherwise has access to any personal data or Personal Information on Customer’s behalf when performing CentralSquare’s obligations under this Agreement, then:

9.1. Customer shall be the data controller (where “data controller” means an entity which alone or jointly with others determines purposes for which and the manner in which any personal data are, or are to be, processed) and CentralSquare shall be a data processor (where “data processor” means an entity which processes the data only on behalf of the data controller and not for any purposes of its own);

9.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant personal data or Personal Information to CentralSquare so that CentralSquare may lawfully use, process and transfer the personal data and Personal Information in accordance with this Agreement on Customer’s behalf, which may include CentralSquare processing and transferring the relevant personal data or Personal Information outside the country where Customer and the Authorized Users are located in order for CentralSquare to provide the Solutions and perform its other obligations under this Agreement; and

9.3. CentralSquare shall process personal data and information only in accordance with lawful and reasonable written instructions given by Customer and as set out in and in accordance with the terms of this Agreement; and

9.4. CentralSquare shall take reasonable steps to ensure that its employees, agents and contractors who may have access to Personal Information are persons who need to know / access the relevant Personal Information for valid business reasons; and

9.5. each Party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data and Personal Information or its accidental loss, destruction or damage so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal data and Personal Information and the nature of the personal data and Personal Information being protected. If necessary, the Parties will cooperate to document these measures taken.

10. Representations and Warranties.

10.1. Intellectual Property Warranty. CentralSquare represents and warrants that (a) it is the sole and exclusive owner of (or has the right to license) the software; (b) it has full and sufficient right, title and authority to grant the rights and/or licenses granted under this Agreement; (c) the software does not contain any materials developed by a third party used by CentralSquare except pursuant to a license agreement; and (d) the software does not infringe any patent, or copyright.

10.2. Intellectual Property Remedy. In the event that any third party asserts a claim of infringement against the Customer relating to the software contained in this Agreement, CentralSquare shall indemnify and defend the Customer pursuant to section 13.1 of this Agreement. In the case of any such claim of infringement, CentralSquare shall either, at its option, (1) procure for Customer the right to continue using the software; or (2) replace or modify the software so that that it becomes non-infringing, but equivalent in functionality and performance.

10.3. Software Warranty. CentralSquare warrants to Customer that: (i) for a period of one year from the Effective Date (the “Warranty Period”) the Software will substantially conform in all material respects to the specifications set forth in the Documentation, when installed, operated and used as recommended in the Documentation and in accordance with this Agreement; and (ii) at the time of delivery the Software does not contain any virus or other malicious code.

10.4. Software Remedy. If, during the Warranty Period a warranty defect is confirmed in the CentralSquare Software, CentralSquare shall, at its option, reinstall the Software or correct the Defects. Defects that occur in the Software after the Warranty Period will be corrected pursuant to Exhibit 2 (Maintenance & Support) and Exhibit 7 (Managed Services Provisions), if applicable.

10.5. Services Warranty. CentralSquare warrants that the Professional Services delivered will substantially conform to the deliverables specified in the applicable statement of work and that all Professional Services will be performed in a professional and workmanlike manner consistent with industry standards for similar work. If Professional Services do not substantially conform to the deliverables, Customer shall notify CentralSquare of such non-conformance in writing, within 10 days from completion of Professional Service, and CentralSquare shall promptly repair the non-conforming deliverables.

10.6. Disclaimer of Warranty. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE,

CENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH

REGARD TO THE INTELLECTUAL PROPERTY, SOFTWARE, PROFESSIONAL SERVICES, AND/OR ANY

OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT CENTRALSQUARE DISCLAIMS ALL

WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL 27 7

WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND

SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT

THAT A SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY

CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER

THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT

INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY UNDER ANY AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.

11. Notices. All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when delivered personally, sent by United States registered or certified mail, return receipt requested; transmitted by facsimile or email confirmed by first class mail, or sent by overnight courier. Notices must be sent to a Party at its address shown below, or to such other place as the Party may subsequently designate for its receipt of notices in writing by the other Party.

If to CentralSquar CentralSquare Technologies, LLC
1000 Business Center Dr.

Lake Mary, FL 32746
Phone: 407-304-3235
Attention: Legal/Contracts
If to Customer: City of Belmont
1 Twin Pines Lane
Belmont, CA 94002
Phone: *customer to supply
Email: *customer to supply
Attention: *customer to supply POC

12. Force Majeure.

Neither Party shall be responsible for failure to fulfill its obligations hereunder, or be liable for damages resulting from delay in performance as a result of war, fire, strike, riot or insurrection, natural disaster, pandemic or epidemic, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of equipment, software, or services from suppliers, default of a subcontractor or vendor to the Party if such default arises out of causes beyond the reasonable control of such subcontractor or vendor, the acts or omissions of the other Party, or its officers, directors, employees, agents, contractors, or elected officials, and/or other occurrences beyond the Party’s reasonable control (“Excusable Delay” hereunder). In the event of such Excusable Delay, performance shall be extended on a day for day basis or as otherwise reasonably necessary to compensate for such delay.

13. Indemnification.

13.1. CentralSquare Indemnification. CentralSquare shall indemnify, defend, and hold harmless Customer from any and all Claims or liability, including attorneys' fees and costs, brought by a third party, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property or arising solely from a wrongful or negligent act, error or omission of CentralSquare, its employees, agents, contractors, or any subcontractor as a result of CentralSquare’s or any subcontractor’s performance pursuant to this Agreement; however, CentralSquare shall not be required to indemnify Customer for any claims caused to the extent of the negligence or wrongful act of Customer, its employees, agents, or contractors. Notwithstanding anything to the contrary in the foregoing, if a Claim or liability results from or is contributed to by the actions or omissions of Customer, or its employees, agents or contractors, CentralSquare’s obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault.

13.2. Customer Indemnification. To the extent allowable by law, Customer shall indemnify, defend, and hold harmless CentralSquare from any and all Claims or liability, including attorneys' fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property or arising solely from a wrongful or negligent act, error or omission of Customer, its employees, agents, contractors, or any subcontractor as a result of Customer’s or any subcontractor’s performance pursuant to this Agreement; however, Customer shall not be required to indemnify CentralSquare for any Claims or actions caused to the extent of the negligence or wrongful act of CentralSquare, its employees, agents, or contractors. Notwithstanding anything to the contrary in the foregoing, if a Claim or liability results from or is contributed to by the actions or omissions of CentralSquare, or its employees, agents or contractors, Customer’s obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault. 28 8

13.3. "Claim" in this Section 13 means any claim, cause of action, demand, lawsuit, dispute, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, regulatory or other, whether at law, in equity, or otherwise.

14. Termination.

14.1. Either Party may terminate this Agreement for a material breach in accordance with this subsection. In such event, the disputing Party shall deliver written notice of its intent to terminate along with a description in reasonable detail of the problems for which the disputing Party is invoking its right to terminate and the specific requirement within this Agreement or any exhibit or schedule hereto that the disputing Party is relying upon. Following such notice, the Parties shall commence dispute resolution procedures in accordance with the dispute resolution procedure pursuant to Section 17.

14.2. CentralSquare shall have the right to terminate this Agreement based on Customer’s failure to pay undisputed amounts due under this Agreement more than ninety (90) days after delivery of written notice of non-payment.

14.3. Customer shall have the right to terminate if the proper appropriation of funds for the continuation of this Agreement is not available for any fiscal year after the first fiscal year during the Term, then this Agreement may be terminated. To effect the termination of this Agreement, Customer shall, within forty-five (45) days following the beginning of the fiscal year for which the proper appropriation is not available, provide CentralSquare with written notice of the failure to obtain the proper appropriation of funds. Such notice shall be accompanied by the payment of all sums then owed CentralSquare under this Agreement, if any.

14.4. Customer may also terminate for convenience, in whole or in part, at any time by providing thirty (30) days written notice. Should Customer terminate for convenience during any twelve (12) month term, CentralSquare shall provide a pro-rated refund for any on-premise subscription asset designated on Exhibit 1, with “(OP)” within the product name. Should Customer terminate for convenience, in whole or in part, any cloud hosted subscription asset, no pre-paid fees shall be returned, or pro-rated refund be given, for any remaining months on the then current term. Should Customer terminate for convenience, in whole or in part, any third-party asset, no pre-paid fees shall be returned, or pro-rated refund be given, for any remaining months on the then current term.

15. Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement:

15.1. All rights, licenses, and authorizations granted to Customer hereunder will immediately terminate and Customer shall immediately cease all use of CentralSquare’s Confidential Information and the Solutions, and within thirty (30) days deliver to CentralSquare, or at CentralSquare’s request destroy and erase CentralSquare’s Confidential Information from all systems Customer directly or indirectly controls; and

15.2. All licenses, access or subscription fees, services rendered but unpaid, and any amounts due by Customer to CentralSquare of any kind shall become immediately payable and due no later than thirty (30) days after the effective date of the termination or expiration, including anything that accrues within those thirty (30) days.

15.3. The provisions set forth in the following sections, and any other right or obligation of the Parties in this Agreement that, by its nature (including but not limited to: Use Restrictions, Confidential Information, Warranty Disclaimers, Indemnifications, & Limitations of Liability), will survive any expiration or termination of this Agreement.

15.4. In the event that Customer terminates this Agreement or cancels any portions of a project (as may be set forth in a Statement of Work) prior to Go Live (which shall be defined as “first use of a Solution or module of a Solution in a production environment, unless otherwise agreed by the Parties in a statement of work”), Customer shall pay for all Professional Services actually performed by CentralSquare on a time and materials basis, regardless of the payment terms in Exhibit 1.

15.5. Return of Customer Data. If Customer requests in writing at least ten (10) days prior to the effective date of expiration or earlier termination of this Agreement, CentralSquare shall within sixty (60) days following such expiration or termination, deliver to Customer in CentralSquare’s standard format the then most recent version of Customer Data maintained by CentralSquare, provided that Customer has at that time paid all Fees then outstanding and any amounts payable after or as a result of such expiration or termination.

15.6. Deconversion. In the event of (i) expiration or earlier termination of this Agreement, or (ii) Customer no longer purchasing certain Solutions (including those indicated to be Third-Party Materials), if Customer requests assistance in the transfer of Customer Data to a different vendor’s applications (“Deconversion”), CentralSquare will provide reasonable assistance. CentralSquare and Customer will negotiate in good faith to establish the relative roles and responsibilities of CentralSquare and Customer in effecting Deconversion, as well as the appropriate date for completion. CentralSquare shall be entitled to receive compensation for any additional consultation, services, software, and documentation required for Deconversion on a time and materials basis at CentralSquare’s then standard rates.

15.7. Termination of this Agreement shall not relieve either Party of any other obligation incurred one to the other prior to termination.

16. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by either Party without the prior written consent of the other Party, which consent will not be unreasonably withheld; provided however, that in the event of a merger or acquisition of all or substantially all of CentralSquare’s assets, 29 9
CentralSquare may assign this Agreement to an entity ready, willing and able to perform CentralSquare’s executory obligations hereunder.

17. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement (each, a “Dispute”), including the breach, termination, or validity thereof, shall be resolved as follows:

17.1. Good Faith Negotiations. The Parties agree to send written notice to the other Party of any Dispute (“Dispute Notice”). After the other Party receives the Dispute Notice, the Parties agree to undertake good faith negotiations to resolve the Dispute. Each Party shall be responsible for its associated travel and other related costs.

17.2. Escalation to Mediation. If the Parties cannot resolve any Dispute through good faith negotiations, the dispute will be escalated to non-binding mediation, with the Parties acting in good faith to select a mediator and establishing the mediation process. The Parties agree the mediator’s fees and expenses, and the mediator’s costs incidental to the mediation, will be shared equally between the Parties. The Parties shall bear their own fees, expenses, and costs.

17.3. Confidential Mediation. The Parties further agree all written or oral offers, promises, conduct, and statements made in the course of the mediation are confidential, privileged, and inadmissible for any purpose in any litigation, arbitration or other proceeding involving the Parties. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

17.4. Litigation. If the Parties cannot resolve a Dispute through mediation, then once an impasse is declared by the mediator either Party may pursue litigation in a court of competent jurisdiction.

18. Waiver/Severability. The failure of any Party to enforce any of the provisions hereof will not be construed to be a waiver of the right of such Party thereafter to enforce such provisions. If any provision of this Agreement is found to be unenforceable, that provision will be enforced to the maximum extent possible, and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

19. LIABILITY. NOTWITHSTANDING ANY PROVISION WITHIN THIS AGREEMENT TO THE CONTRARY, AND

REGARDLESS OF THE NUMBER OF LOSSES, WHETHER IN CONTRACT, EQUITY, STATUTE, TORT, NEGLIGENCE, OR OTHERWISE:

19.1. NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT,

INCIDENTAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND

INCLUDING BUT NOT LIMITED TO, REPLACEMENT COSTS, AND NEITHER PARTY SHALL BE LIABLE

TO THE OTHER PARTY FOR LOSSES OF PROFIT, REVENUE, INCOME, BUSINESS, ANTICIPATED

SAVINGS, DATA, AND REPUTATION, AND MORE GENERALLY, ANY LOSSES OF AN ECONOMIC OR

FINANCIAL NATURE, REGARDLESS OF WHETHER SUCH LOSSES MAY BE DEEMED AS

CONSEQUENTIAL OR ARISING DIRECTLY AND NATURALLY FROM THE INCIDENT GIVING RISE TO

THE CLAIM, AND REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE OR WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES; AND

19.2. CENTRALSQUARE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT

SHALL NOT EXCEED THE AMOUNT(S) ACTUALLY PAID BY CUSTOMER TO CENTRALSQUARE HEREUNDER FOR THE LAST TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE.

20. Insurance. During the term of this Agreement, CentralSquare shall maintain insurance coverage covering its operations in accordance with Exhibit 4 (Certificate of Insurance (Evidence of Coverage)). Upon request by Customer, CentralSquare shall include Customer as an additional insured on applicable insurance policies provided under this Agreement. CentralSquare shall provide proof of current coverage during the term of this Agreement.

21. Third-Party Materials. CentralSquare may, from time to time, include third parties to perform services, provide software, or provide equipment. Customer acknowledges and agrees CentralSquare provides front-line support services for these Third-Party Materials, but these third parties assume all responsibility and liability in connection with the Third-Party Materials. CentralSquare is not authorized to make any representations or warranties that are binding upon the third-party or to engage in any other acts that are binding upon the third-party, except specifically that CentralSquare is authorized to represent third-party fees and to accept payment of such amounts from Customer on behalf of the third-party for as long as such third-party authorizes CentralSquare to do so. As a condition precedent to installing or accessing certain Third-Party Materials, Customer may be required to execute a click-through, shrink-wrap End User License Agreement (“EULA”) or similar agreement provided by the Third-Party Materials provider. If mapping information is supplied with the CentralSquare Software, CentralSquare makes no representation or warranty as to the completeness or accuracy of the mapping data provided with the CentralSquare Software. The completeness or accuracy of such data is solely dependent on the information supplied by the Customer or the mapping database vendor to CentralSquare. All third-party materials are provided “as-is” and any representation or warranty concerning them is strictly between Customer and the third-party.

22. Subcontractors. CentralSquare may from time to time, in its discretion, engage third parties to perform services on its behalf including but not limited to Professional Services, Support Services, and/or provide software (each, a "Subcontractor"). CentralSquare shall be fully responsible for the acts of all subcontractors to the same extent it is responsible for the acts of its own employees.

23. Entire Agreement. This Agreement, and any Exhibits specifically incorporated therein by reference, constitute the entire agreement between the Parties with respect to the subject matter. These documents supersede and merge all 30 10
previous and contemporaneous proposals of sale, communications, representations, understandings and agreements, whether oral or written, between the Parties with respect to the subject hereof.

24. Amendment. Either Party may, at any time during the term, request in writing changes to this agreement. The Parties shall evaluate and, if agreed, implement all such requested changes. No requested changes will be effective unless and until memorialized in either a CentralSquare issued add-on quote signed by Customer, or a written change order or amendment to this Agreement signed by both Parties.

25. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement.

26. Counterparts. This Agreement, and any amendments hereto, may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. The Agreement (and any amendments) shall be considered properly executed by a Party if executed by that Party and transmitted by facsimile or other electronic means, such as DocuSign, Tagged Image Format Files (TIFF), or Portable Document Format (PDF).

27. Material Adverse Change. If any law, regulation, applicable standard, process, OEM requirement is changed or comes into force after the Effective Date, including but not limited to PCI standards or Americans with Disabilities Act compliance (collectively, a “Material Adverse Change”), which is not explicitly addressed within this Agreement and results in significant extra costs for either Party in relation to the performance of this Agreement, both Parties shall promptly meet, discuss in good faith, and agree upon reducing the technical, operational, and/or commercial impact of such Material Adverse Change.

28. Cooperative Purchases. This Agreement may be used by Customer Affiliates. CentralSquare agrees to offer similar services to other Affiliates under the same terms and conditions as stated herein except that the Fees may be negotiated between CentralSquare and other Affiliates based on the specific revenue expectations, agency reimbursed costs, and other Affiliate requirements. The Customer will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases by such Affiliates. CentralSquare and the Affiliate will enter into any such arrangement with an amendment to this Agreement.

29. Order of Precedence.

29.1. In the event of any conflict or inconsistency between this Agreement, the Exhibits, or any purchase order, then the following priority shall prevail:

29.1.1. The main body of this Agreement and any associated amendments, statements of work, or change orders and then the attached Exhibits to this Agreement in the order in which they appear.

29.2. Customer’s purchase terms and conditions or CentralSquare’s sales terms and conditions are not applicable and shall have no force or effect, whether referenced in any document in relation to this Agreement.

29.3. Incorporated Exhibits to this Agreement:

Exhibit 1: Solution(s) Support and Maintenance Fees
Exhibit 2: Maintenance & Support
Exhibit 3: CentralSquare Access Management Policy
Exhibit 4: Certificate of Insurance (Evidence of Coverage) 31 EXHIBIT 1
Solutions(s) Support and Maintenance Fees
Payment Terms:
a. Support and Maintenance Fees are due prior to the beginning of the next Renewal Period and annually thereafter. b. Annual Subscription Fees are due prior to the beginning of the next Renewal Period and annually thereafter. c. Annual Software Maintenance Fees and Annual Subscription Fees shall increase by 5% year over year.

Invoice Terms:

CentralSquare shall provide an invoice for the items in the schedule above no less than thirty (30) days prior to the due date.

Ancillary Fees:
a. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such taxes, Customer must provide CentralSquare valid proof of exemption; otherwise, CentralSquare will invoice Customer and Customer will pay to CentralSquare all such tax amounts.
b. To the extent allowable by law, if Customer fails to make any payment when due, then CentralSquare may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if lower, the highest rate permitted under applicable law; and if such failure continues for 90 days following written notice thereof, CentralSquare may suspend performance or access until past due amounts have been paid.

Product: Product Name Qty
3/07/2023 -
3/06/2024
3/07/2024 -
3/06/2025
3/07/2025 -
3/06/2026
Asset Management - Rest API's Annual Subscription Fee 1 $0.00 $0.00 $0.00 Asset Management - Assets Annual Subscription Fee 1 $16,557.19 $16,971.12 $17,395.40 Asset Management - Work Annual Subscription Fee 1 $0.00 $0.00 $0.00 Asset Management - Mobile Annual Subscription Fee 1 $0.00 $0.00 $0.00 Asset Management - Citizen Portal Annual Subscription Fee 1 $0.00 $0.00 $0.00 Asset Management - GIS Web Annual Subscription Fee 1 $0.00 $0.00 $0.00 Total $16,557.19 $16,971.12 $17,395.40
Product: Product Name Qty
9/30/2023 -
9/29/2024
9/30/2024 -
9/29/2025
9/30/2025 -
9/29/2026
GIS Advanced Engine Subscription SaaS Annual Subscription Fee SaaS 1 $6,984.78 $7,334.02 $7,700.72 AnalyticsNOW On-Premise Annual Subscription Fee 1 $9,524.71 $10,000.95 $10,500.99 IVR Subscription SaaS Annual Subscription Fee SaaS 1 $8,254.76 $8,667.50 $9,100.87 Community Development: Advanced Annual Subscription Fee SaaS 1 $43,966.74 $46,165.08 $48,473.33 Permitting PA Cloud Annual Subscription Fee 1 $0.00 $0.00 $0.00 Citizen Engagement SaaS Annual Subscription Fee SaaS 1 $0.00 $0.00 $0.00 Community Development Mobile SaaS Annual Subscription Fee SaaS 1 $0.00 $0.00 $0.00 CRM PA Cloud Annual Subscription Fee 1 $0.00 $0.00 $0.00 Entity Management PA Cloud Annual Subscription Fee 1 $0.00 $0.00 $0.00 Land Management PA Cloud Annual Subscription Fee 1 $0.00 $0.00 $0.00 Licensing PA Cloud Annual Subscription Fee 1 $0.00 $0.00 $0.00 Projects and Planning PA Cloud Annual Subscription Fee 1 $0.00 $0.00 $0.00 Code Compliance PA Cloud Annual Subscription Fee 1 $0.00 $0.00 $0.00 Fusion Subscription SaaS Annual Subscription Fee SaaS 1 $4,444.86 $4,667.10 $4,900.46 Community Development: Advanced Annual Subscription Fee SaaS 1 $0.00 $0.00 $0.00 Total $73,175.85 $76,834.64 $80,676.37
Account Name: City of Belmont, CA Renewal Period(s)
32 1
EXHIBIT 2
Maintenance & Support
This Maintenance & Support Exhibit describes support and maintenance relating to technical support that CentralSquare will provide to Customer during the Term of the Agreement.

1. Product Updates and Releases

1.1. Software Version. “Software Version” means the base or core version of the Software that contains significant new features and significant fixes and is available to the Customer. Software Versions may occur as the Software architecture changes or as new technologies are developed. The nomenclature used for updates and upgrades consists of major, minor, build, and fix and these correspond to the following digit locations of a release, a,b,c,d. An example of which would be 7.4.1.3, where the 7 refers to the major release, the 4 refers to the minor release, the 1 refers to the build, and the 3 refers to a fix. All Software Versions are provided and included as part of this Agreement.

1.2. Updates. From time to time CentralSquare may develop permanent fixes or solutions to known problems or bugs in the Software and incorporate them in a formal “Update” to the Software. If Customer is receiving technical support from CentralSquare on the general release date for an Update, CentralSquare will provide the Customer with the Update and related Documentation at no extra charge. Updates for custom configurations will be agreed upon by the Parties and outlined in a Statement of Work or Change Order.

1.3. Releases. Customer shall agree to install and/or use any New or Major Release within one year of being made available by CentralSquare to avoid or mitigate a performance problem, ineligibility for Support and Maintenance Services or infringement claim. All modifications, revisions and updates to the Software shall be furnished by means of new Releases of the Software and shall be accompanied by updates to the Documentation whenever CentralSquare determines, in its sole discretion, that such updates are necessary.

2. Support

2.1. CentralSquare shall provide to Customer support via toll-free phone number 833-278-7877 or via the CentralSquare Support Portal. CentralSquare shall provide to Customer, commercially reasonable efforts in solving errors reported by the Customer as well as making available an online support portal. Customer shall provide to CentralSquare reasonably detailed documentation and explanation, together with underlying data, to substantiate errors and to assist CentralSquare in its efforts to diagnose, reproduce and correct the error. Should either Party not be able to locate the error root cause and Customer and CentralSquare agree that on-site services are necessary to diagnose or resolve the problem CentralSquare shall provide a travel estimate and estimated hours in order to diagnose the reported error.

2.2. If after traveling onsite to diagnose a reported error and such reported error did not, in fact, exist or was not attributable to a defect in the Software provided by CentralSquare or an act or omission of CentralSquare, then Customer shall pay for CentralSquare's investigation, travel, and related services in accordance with provided estimate. Customer must provide CentralSquare with such facilities, equipment and support as are reasonably necessary for CentralSquare to perform its obligations under this Exhibit, including remote access in accordance with the Remote Access Policy.

3. Online Support Portal
Online support is available via https://support.centralsquare.com/s/contact-us, offering Customer the ability to resolve its own problems with access to CentralSquare’s most current information. Customer will need to enter its designated username and password to gain access to the technical support areas on CentralSquare’s website.

CentralSquare’s technical support areas allow Customer to: (i) search an up-to-date knowledge base of technical support information, technical tips, and featured functions; and (ii) access answers to frequently asked questions (FAQ).

4. Exclusions from Technical Support Services
CentralSquare shall have no support obligations to provide Support or Maintenance for Solutions that are not kept current to one version prior to the then current version of the Solution. CentralSquare shall have no support obligations with respect to any third-party hardware or software product not licensed or sold to Customer by CentralSquare (“Nonqualified Product”). Customer shall be solely responsible for the compatibility and functioning of Nonqualified Products with the Software.

5. Customer Responsibilities
In connection with CentralSquare’s provision of technical support as described herein, Customer acknowledges that Customer has the responsibility to do each of the following:

5.1 Provide hardware, operating system and browser software that meets technical specifications, as well as a fast, stable, high-speed connection and remote connectivity for accessing the Solution.

5.2 Maintain any applicable computer system and associated peripheral equipment in good working order in accordance with the manufacturers’ specifications, and ensure that any problems reported to CentralSquare are not due to hardware malfunction;

5.3 For CentralSquare Solutions that are implemented on Customer Systems, maintain the designated 33 1
operating system at the latest code revision level reasonably deemed necessary by CentralSquare for proper operation of the Software;

5.4 Supply CentralSquare with access to and use of all information and facilities reasonably determined tobe necessary by CentralSquare to render the technical support described herein;

5.5 Perform any test or procedures reasonably recommended by CentralSquare for the purpose of identifying and/or resolving any problems;

5.6 At all times follow routine operator procedures as specified in the Documentation or any error correction guidelines of CentralSquare posted on the CentralSquare website;

5.7 Customer shall remain solely responsible at all times for the safeguarding of Customer’s proprietary, confidential, and classified information contained within Customer Systems; and

5.8 Reasonably ensure that the Customer Systems are isolated and free from viruses and malicious code that could cause harm before requesting or receiving remotesupport assistance.

6. Priorities and Support Response Matrix
The following priority matrix relates to software errors covered by this Agreement. Causes secondary to non-covered causes - such as hardware, network, and third-party products - are not included in this priority matrix and are outside the scope of this Exhibit. CentralSquare will make commercially reasonable efforts to respond to Software incidents for live remote based production systems using the following guidelines:

Priority Issue Definition Response Time
Priority 1 –
Urgent
The software is completely down and will not
launch or function.

Priority 1 issues must be called in via 833-278-7877 and will be immediately answered and managed by the first
available representative.

Priority 2 –
Critical
A high-impact problem that disrupts the
customer’s operation but there is capacity to
remain productive and maintain necessary
operations.

Priority 2 issues must be called in via 833-278-7877 and will be immediately answered and managed by the first
available representative.

Priority 3 –
Non-Critical
A Software Error related to a user function which
does not negatively impact the User from the use
of the system. This includes system administrator
functions or restriction of user workflow but does
not significantly impact their job function.

Priority 3 issues called in via 833-278-7877 will be
immediately answered and managed by the first
available representative.

Non-Critical Priority 3 issues may also be reported via Https://support.centralsquare.com/s/contact-us
Priority 4 –
Minor
Cosmetic or documentation errors, including
Customer technical questions or usability
questions.

Priority 4 issues called in via 833-278-7877 will be
immediately answered and managed by the first
available representative.

Minor Priority 4 issues may also be reported via
Https://support.centralsquare.com/s/contact-us

7. Exceptions. CentralSquare shall not be responsible for failure to carry out its Support and Maintenance obligations under this Exhibit if the failure is caused by adverse impact due to:

7.1. defectiveness of the Customer’s Systems (including but not limited to environment, hardware or ancillary systems), or due to Customer corrupt, incomplete, or inaccurate data reported to the Solution, or documented defect.

7.2. denial of reasonable access to Customer’s System or premises preventing CentralSquare from addressing the issue.

7.3. material changes made to the usage of the Solution by Customer where CentralSquare has not agreed to such changes in advance and in writing or the modification or alteration, in any way, by Customer or its subcontractors, of communications links necessary to the proper performance of the Solution.

7.4. a Force Majeure event (as outlined in Section 12), or the negligence, intentional acts, or omissions of Customer or its agents.

8. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For critical impact level and above, CentralSquare provides a continuous resolution effort until the issue is resolved.

CentralSquare will make commercially reasonable efforts to resolve Software incidents for live remote based production systems using the following guidelines:
34 1
Priority Resolution
Process
Resolution Time
Priority 1 – Urgent CentralSquare will provide a
procedural or configuration
workaround or a code correction
that allows the Customer to
resume live operations on the
production System.

CentralSquare will work continuously to provide the
Customer with a solution that allows the Customer to
resume live operations on the production system.

CentralSquare will either resolve the issue or provide a resolution plan as soon as possible and not later than
twenty-four (24) hours after notification.

Priority 2 –
Critical
CentralSquare will provide a
procedural or configuration
workaround or a code correction
that allows the Customer to
resume normal operations on the
production System.

CentralSquare will work continuously to provide the
Customer with a solution that allows the Customer to
resume normal operations on the production System.

CentralSquare will either resolve the issue or provide a resolution plan as soon as possible and not later than thirtysix (36) hours after notification.

Priority 3 – Non –
Critical
CentralSquare will provide a
procedural or configuration
workaround that allows the
Customer to resolve the problem.

CentralSquare will work to provide the Customer with a
resolution which may include a workaround or code
correction within a timeframe that takes into consideration the impact of the issue on the Customer and
CentralSquare’s User base. Priority 3 issues have priority scheduling in a subsequent release.

Priority 4 – Minor If CentralSquare determines
that a reported Minor Priority
error requires a code
correction, such issues will be
addressed in a subsequent
release when applicable.

CentralSquare will work to provide the Customer with a
resolution which may include a workaround or code
correction in a future release of the software. Priority 4 issues have no defined resolution time.

9. Non-Production Environments. CentralSquare will make commercially reasonable efforts to provide fixes to nonproduction environment(s). Non-production environments are not included under the response or resolution tables provided in this Exhibit.

9.1. Maintenance. All non-production environment resolution processes will follow the structure and schedules outlined above for production environments.

9.2. Incidents and service requests. Non-production environment incidents are considered priority 3 or 4, dictated by circumstances and will be prioritized and scheduled subordinate to production environment service requests.

10. Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and organization of its staff in the operation of the Software.

11. Development Work. Software support and maintenance does not include development work either (i) on software not licensed from CentralSquare or (ii) development work for enhancements or features that are outside the documented functionality of the Software, except such work as may be specifically purchased and outlined in the Agreement. CentralSquare retains all intellectual property rights in development work performed and Customer may request consulting and development work from CentralSquare as a separate billable service.

12. Technology Life Expectancy. Customer understands, acknowledges and agrees that the technology upon which the Hardware, Solution and Third-Party Software is based changes rapidly. Customer further acknowledges that CentralSquare will continue to improve the functionality and features of the Solution to improve legal compliance, accuracy, functionality and usability. As a result, CentralSquare does not represent or warrant that the Hardware, Solution and/or Third-Party Software provided to Customer under this Agreement or that the Customer Systems recommended by CentralSquare will function for an indefinite period of time. Rather, CentralSquare and Customer may, from time to time, analyze the functionality of the Hardware, Solution, Third-Party Software and Customer Systems in response to changes to determine whether Customer must upgrade the same. Customer upgrades may include without limitation, the installation of a new Release, additional disk storage and memory, and workstation and/or server upgrades. Customer upgrades may also include the installation and/or removal of Third-Party Software.

Customer is solely responsible for all costs associated with future resources and upgrades. 35 1
EXHIBIT 3
CentralSquare Access Management Policy
In order to provide secure, federally compliant connections to agency systems CentralSquare Technologies (“CentralSquare”) requires BeyondTrust or SecureLink as the only approved methodology of connection. BeyondTrust and Securelink provide the necessary remote access in order to service and maintain CentralSquare products while adhering to the Federal Bureau of Investigations Criminal Justice Information Services requirements. Both solutions utilize two-factor authentication Federal Information Processing Standard Publication (“FIPS”) 140-2 validated cryptographic modules and AES encryption in 256-bit strengths.

BeyondTrust and Securelink are addressed in turn via this Access Management Policy; Customers may choose which remote privileged access management solution will be utilized by CentralSquare.

BeyondTrust
The BeyondTrust remote support solution may be utilized via escorted session or a jump Customer. As for an escorted session, when an agency needs assistance from CentralSquare, the agency employee requesting assistance will receive verbal or email communication with a session key necessary to enable remote access. If a verbal key is provided, the user enters the session key after visiting https://securesupport.centralsquare.com.

Jump Customers are a Windows service that can be stopped/started to facilitate a support session. Connections made via jump Customer can be active or passive. An active jump Customer is always available. A passive connection is enabled for a specific purpose and then disabled when not used. Regardless of the option selected, CentralSquare’s support team will arrange a BeyondTrust session to establish the jump Customer.

The jump Customer resides on the agency side on the installed device, where an agency administrator can manage. Instructions on how to enable/disable jump Customers can be provided upon request. A sample workflow of a passive jump Customer is provided below:

Should an agency require support from CentralSquare, a call would be placed and/or a support ticket opened in the portal on the CentralSquare customer support website. Before accessing the agency’s system and/or environment, the CentralSquare representative would send a notice of connection from the CentralSquare support portal instance. This notice can be sent to the individual at the agency that the CentralSquare representative is working with or other designated contacts as necessary. Upon receipt of the notice of connection, the agency personnel would enable the BeyondTrust jump Customer. The CentralSquare representative would then be admitted to the agency’s system and/or environment to perform the necessary task. Upon completion of the task, the CentralSquare representative sends a notice of disconnection from the CentralSquare support portal instance. Upon receipt of the notice of disconnection, the agency personnel would then disable the BeyondTrust jump Customer.

Securelink
Similar to BeyondTrust’s escorted session, Securelink may be utilized via “quick connect”. To enable a quick connect session when an agency needs assistance from CentralSquare, the Agency employee requesting assistance will enter a key code in order to connect for screen sharing on a device.

Similar to the jump Customer methodology, SecureLink may also be utilized via “gatekeeper”. The sample workflow description for a jump Customer provided above is substantially similar to the workflow for gatekeeper.

Summation
BeyondTrust and Securelink allow customers the ability to monitor connectivity to the customer’s network and maintain CJIS compliance while enabling CentralSquare to perform the necessary support functions. 36 1
EXHIBIT 4
Certificate of Insurance (Evidence of Coverage)
37

Notice of Completion for the San Juan Pump Station Slope Repair Project, CCN 2019-579 - Staff Report

STAFF REPORT
Meeting Date: October 10, 2023
Agency: City of Belmont
Staff Contact: Nima Mazhari, Public Works, (650) 730-5706, [email protected] Agenda Title: Notice of Completion for the San Juan Pump Station Slope Repair Project, CCN 2019-579
Agenda Action: Resolution
Recommendation
Adopt a resolution accepting the work for the San Juan Pump Station Slope Repair Project, City Contract Number 2019-579, by Brannon Corporation allowing for the filling of a Notice of Completion for the project.

Strategic Focus Area
Infrastructure and Mobility
Background
In February 2019, during a period of prolonged and intense rainfall, 1,200 square feet of the East Laurel Creek bank below the San Juan Sewer Pump Station failed. The bank became saturated and failed The slope was tarped and protected to avoid further slippage. The creek bank adjacent to the pump station is steeply sloped along the edge of the pump station. The City initiated a geotechnical and structural assessment of the bank to evaluate repair options. The pump station is a critical facility, and is one of Belmont’s largest volume sanitary sewer lift stations.

On February 22, 2022, the City Council approved the project plans and specification for the final repairs, and authorized advertising and awarding the project for an amount up to the engineer’s estimate of $275,000.

On August 4, 2022, City conducted a bid opening. Only one bid ($363,252) was received for construction of this project. This bid was significantly higher than the engineer’s estimate. Due to various environmental and permitting constraints along East Laurel Creek, this repair is only allowed to take place in the dry season (April-October).

On September 13, 2022, the City Council rejected the submitted bid. Since then, staff modified the constructions plans and specifications to provide additional details based on the project constraints and constructability evaluation. The engineer’s estimate was updated to $375,000 for the revised plans.

Upon City Council approval, the project was readvertised, and a bid opening took place on March 16, 2023. The lowest bid came in at $284,606. The contract was awarded to Brannon Corporation as the lowest responsible bidder.
38

Notice of Completion for the San Juan Pump Station Slope Repair Project, CCN 2019-579 - Staff Report Analysis
The project construction started on June 10, 2023, and work progressed through to substantial completion on July 31, 2023. The project was completed ahead of schedule with zero change orders and no contingency used. The final project cost is $284,606. Brannon Corporation has completed work in accordance with the plans and specifications; therefore, the project should be accepted as complete by the City Council and a Notice of Completion should be filed by the City.

The City is retaining 5% from the contractor to ensure that no claims are filed on the project and 35 days after recordation of the Notice of Completion by the County Recorders contingent upon no claims being filed on the project the final payment will be released to the contractor.

Alternatives

1. Take No Action

2. Refer back to staff for further information
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
$284,606 from the San Juan Pump Station Rehabilitation
Project funded by the Sewer Collections Fund
Unspent appropriation from the project’s budget will be returned to its respective fund balance and available for future infrastructure investments.

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda 39

RESOLUTION NO. 2023 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

ACCEPTING THE WORK AND AUTHORIZING THE ISSUANCE OF A NOTICE OF

COMPLETION FOR THE SAN JUAN PUMP STATION SLOPE REPAIR PROJECT, CITY CONTRACT NUMBER 2019-579
WHEREAS, on February 22, 2022, Council approved advertisement for sealed bids and awarding the project for an amount not to exceed $275,000.; and, WHEREAS, on August 4, 2022, City conducted a bid opening, with only one bid which came in at $363,252.; and,
WHEREAS, on September 13, 2022, the City Council rejecting the submitted bid due to the significantly higher amount than the engineer’s estimate.; and, WHEREAS, Council approved an increased budget to $375,000 with a bid opening that took place on March 16, 2023 with the lowest bid coming in at $284,606.; and, WHERAS, the Council awarded the San Juan Pump Station Slope Repair Project to Brannon Corporation for an amount not to exceed $284,606.; and, WHEREAS, the construction started on June 10, 2023 and work progressed through to substantial completion on July 31, 2023. The project was completed ahead of schedule with zero change orders and no contingency used.; and,
WHEREAS, the final project construction cost is $284,606.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. Accepts the work as complete.

SECTION 2. Authorizes the City Clerk to file Notice of Completion with the San Mateo County Clerk-Record’s office for the San Juan Pump Station Slope Repair Project, CCN2019- 579.
* * *
ADOPTED October 10, 2023 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:
40

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
41

Storm Water Master Plan Update and Contract Amendment - Staff Report (1)

STAFF REPORT
Meeting Date: October 10, 2023
Agency: City of Belmont
Staff Contact: Bozhena Palatnik, Public Works, (650) 595-7463, [email protected] Agenda Title: Storm Drainage Master Plan Update and Contract Amendment Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to negotiate and execute an amendment to an agreement with Wood Rodgers for the engineering services to include additional scope of work for an additional amount of $66,150 for the Stormwater Master Plan Update and Program Support Services bringing the total contract amount to a not-to-exceed $603,175, and receive an update on the progress of the draft plan.

Strategic Focus Area
Infrastructure and Mobility
Background
On July 13, 2021, the City Council approved a contract with Wood Rodgers for the Stormwater Master Plan (SMP) Update and Program Support Services Update.

The purposes of this SMP were to:
• Inventory storm drainage facilities in a geodatabase; • Identify storm drainage capacity and condition deficiencies; • Develop and prioritize maintenance, rehabilitation, and replacement projects for the deficient facilities;
• Develop and prioritize capital improvement projects;
• Develop a property related fee to provide funding for implementation of the projects.

The following tasks of the Master Plan have been completed:
• All parts of the storm drainage system were inventoried and identified • The storm drainage system was modeled and analyzed to determine deficiencies in the system • The modeled data were compared with recent and historical flood records and the model was further calibrated
• All CCTV data were matched with GIS assets to identify defects in the storm drainage infrastructure
• Based on the above, condition assessment of the system was completed to identify the following:
o Structural conditions deficiencies
o Operation and Maintenance Condition Deficiencies
o Structural rehabilitation and replacement strategies
42

Storm Water Master Plan Update and Contract Amendment - Staff Report (1) o Maintenance Recommendations
• Based upon model results, the Capacity Assessment was done on the overall system, which included:
o Hydrologic Analysis involving catchment boundary and lag time, and overall system performance during design storm
o Hydraulic Analysis
• Risk Analysis was performed to determine risk of flooding based on two major factors:
likelihood of failure and consequences of failures of the system elements • The consultant is currently finalizing a list of short-term and long-term capital improvement projects
The City’s drainage and water pollution prevention infrastructure consist of 28 miles of storm drain pipes and 2 storm pump stations. The existing 28 miles of storm lines are made up of:
• Corrugated Metal Pipe (CMP) [11,300 feet citywide, 2.1 miles] • Reinforced Concrete Pipe (RCP) [132,800 feet citywide, 14.3 miles] • High-Density Polyethylene Pipe (HDPE) and Polyvinyl Chloride Pipe (PVC) [61,526 feet citywide, 11.6 miles]
Additionally, throughout the City are areas that do not have adequate drainage infrastructure. Conducting a comprehensive update to the 2009 Storm Drainage Master Plan has been an important and extensive undertaking. The 2009 plan had a number of recommendations and projects identified at an estimated need of $44.2 Million (2009 dollars) for planning purposes including • Pipe Extensions - $15.1 million
• Creek Improvements (Open Flow) - $2.8 million
• Reinforced Concrete, Steel and Plastic Pipe Replacement Program - $24.1 million • Curb & Gutter Improvements - $2.2 million
These costs were updated in late 2013, to an estimated $57.1 million. As is the case with capital needs that don’t have a dedicated funding source, financing and delivering these projects are difficult and incremental, as limited funding has been identified over the years. Since adoption of the 2009 Storm Drainage Master Plan, a number of smaller Capital Improvement Projects (CIPs) have been completed, such as:
• 2011 Storm Improvement Project
• 2015 Sewer and Storm Drain Improvement Project
• 2018 Storm Drain Improvement Project
• Marburger Avenue Storm Drain Repair Project
• Pullman Storm Drain Improvement Project
• Hillman Avenue/Ruth Avenue Improvement Project
• Ralston Avenue Culvert Repair
• Marsten Avenue Storm Drain Repair
• Storm Drain Pump Station Lid Replacement Project
• Full Capture Device Installation Project
43

Storm Water Master Plan Update and Contract Amendment - Staff Report (1) • Ralston Avenue and Mountain View Avenue Storm Drain Emergency Project • 2019 Storm and Sewer Repair Project
• Arthur/Pullman Avenue Storm Drain Project
Public Works Operations staff conducted a number of emergency and maintenance projects to repair/replace failing infrastructure in various locations throughout the City, as well as replacing bubble ups to prevent areas from flooding. They also provide a routine maintenance and cleaning of storm drain inlets and channels prior to each rain event.

The current effort of the SMP is modeling the system using more sophisticated technology, such as transformation simulation method, Snyder Unit Hydrograph method, and alternating block rainfall distribution method to depict the actual response of the storm drainage system to the rainfall.

Analysis
We are continuing to work on the completion of the Storm Drainage Master Plan, a critical milestone in our community's infrastructure development. The comprehensive analysis and planning conducted in this master plan will provide valuable insights into our storm drainage system, identifying areas for improvement and ensuring the safety and well-being of our residents. This process has involved rigorous data collection, analysis, and stakeholder consultations. The plan will outline strategies to address existing drainage issues, mitigate flood risks, and enhance the overall resilience of our community against severe weather events. As a result of additional work and analysis needed to complete the plan), the scope of work needs to be amended to perform additional system analysis as described below.

During the project analysis the region and City experienced severe rainstorm events causing flooding in various areas of the city. Taking into consideration the effects of climate change, and the likelihood of more intense storm events additional tasks not included in the original SMP are recommended to be completed as part of this study. These tasks include:
• Harbor Industrial Area (HIA) Technical Memorandum preparation to analyze capacity and deficiencies of the existing drainage system in the HIA which will potentially annexed to the City of Belmont in the future.
• Harbor Blvd Bypass High-Level Feasibility – this study will analyze potential project that will relieve Belmont Creek from peak flows during severe rain events by building a diversion junction box along Harbor Blvd., under US-101 highway to the outfall structure near the border between Redwood City and Belmont.
• 25-Year Design Storm Modeling – the system will be modeled for the 25-year storm event for the flood mitigation benefits of the proposed improvements for the Lower Belmont Creek flooding
• Belmont Creek Detention Alternative Analysis – this study will involve a capital improvement project for a storm drain bypass of Lower Belmont Creek in Harbor Blvd. This is an 44

Storm Water Master Plan Update and Contract Amendment - Staff Report (1) improvement alternative in the event that the storm drain bypass alternative is found to be infeasible due to high costs.
• Dec 2022/Jan 2023 Historical Storms Simulation - Wood Rodgers will collect and process historical rain and tide gage data for simulation in the ICM model that will provide flood plan maps and flood level information for the flood events.
• Financial Analysis Support – this task involves engineering support of the financial analysis to supplement missing data and provide additional information as requested by the sub-consultant SCI for financial modeling.

The cost of these additional tasks is $66,150 bringing the total contract cost to a not-to-exceed amount of $603,175.

Next Steps: Engaging the Community:

Engaging our community is vital to the success of implementing the Storm Drainage Master Plan.

Transparent communication and active involvement of residents will foster a sense of ownership and ensure that the proposed solutions align with their needs. The following steps will be taken to engage the community effectively:

1. Public Meetings and Workshops: Conduct town hall meetings and workshops to present the master plan findings, explaining its implications and gathering feedback from residents.

2. Online Surveys: Launch online surveys to reach a broader audience, allowing residents to provide input at their convenience, ensuring a diverse range of opinions.

3. Stakeholder Collaboration: Continue with collaboration with our San Carlos and County partners, local community organizations, businesses, and environmental groups to garner support and diverse perspectives on the proposed storm drainage initiatives.

4. Educational Campaigns: Initiate educational campaigns to raise awareness about storm drainage issues, emphasizing the importance of community involvement and the benefits of the proposed plan.

Identifying Needed Funding:
• Securing adequate funding is crucial to implement the recommendations outlined in the Storm Drainage Master Plan. The following strategies will be employed to identify and strive to secure the necessary funding:
• Grant Opportunities: Research and apply for grants offered by federal, state, and nongovernmental organizations dedicated to infrastructure development and disaster mitigation. • Public-Private Partnerships: Explore partnerships with development community, leveraging their resources and expertise to implement specific projects within the master plan. • Evaluate Financing Alternatives: Evaluate the feasibility of stormwater fees, developer 45

Storm Water Master Plan Update and Contract Amendment - Staff Report (1) contributions, Community Facilities Districts, and issuance of municipal bonds to raise capital for large-scale storm drainage infrastructure projects, ensuring a sustainable funding source.

Conclusion
The completion of the Storm Drainage Master Plan marks a significant achievement, laying the foundation for a safer and more resilient community. By engaging our residents and identifying the necessary funding, we can move forward with the implementation of vital storm drainage projects, ensuring the well-being of our community members and protecting our infrastructure against future challenges.

Alternatives

1. Take no action.

2. Refer back to staff for further information
Attachments
A. Resolution
B. Scope of Work
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
$66,150 budgeted from Account No. 399-3-730-6020-
8331/Measure I Storm Project
Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
46

`RESOLUTION NO. 2023 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH WOOD

RODGERS FOR ENGINEERING SERVICES RELATED TO THE STORM

DRAINAGE MASTER PLAN
WHEREAS, on July 13, 2021, the City Council approved a contract with Wood Rodgers for the Storm Drainage Master Plan (DMP) Update; and,
WHEREAS, the engineering services included evaluating all existing assets; identifying storm drainage capacity and condition deficiencies; development and prioritization of maintenance, rehabilitation, and replacement capital improvement projects for the deficient facilities; and development of a property related fee to provided funding for implementation of the projects; and,
WHEREAS, funds for the project will be drawn from the CIP accounts 399-3-730-6046- 8331 ($200,000) and 399-3-730-6020-8331/Measure I Storm Project ($403,175).

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The City Manager is authorized to negotiate and execute an amendment to the engineering services contract with Wood Rodgers to include additional scope of work for an additional amount of $66,150 for the Storm Drainage Master Plan Update bringing the total contract cost to a not-to-exceed amount of $603,175.
* * *
ADOPTED October 10, 2023 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:
47

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
48 49
Storm Drainage Master Plan – Amendment 2
September 29, 2023

Creek flooding. The City wishes to use the design storm results to continue its public outreach efforts. For this task, Wood Rodgers will develop a 25‐year design hyetograph and use that to simulate the existing and proposed conditions floodplains. Wood Rodgers will then quantify the flood mitigation benefits for the Twin Pines Detention Basin and Harbor Boulevard bypass system improvement alternatives by comparing the floodplains between the two conditions.

Task 4 – Belmont Creek Detention Alternative Analysis
As part of the City’s SDMP, Wood Rodgers recommends a capital improvement for a storm drain bypass of Lower Belmont Creek in Harbor Blvd. The City requests an improvement alternative in the event that the storm drain bypass alternative is found to be infeasible.

In this task, Wood Rodgers will identify and determine the feasible area and underground detention storage for improvements to reduce flooding downstream of lower Belmont Creek. The sites upstream of the Twin Pines detention basin project, including Notre Dame, Hidden Valley, and Carlmont softball field, will be considered. Wood Rodgers will simulate the proposed detention basins at those sites and iterate the improvements to achieve the same flood mitigation effectiveness as the storm drain bypass alternative. Wood Rodgers will then develop capital and O&M cost estimates for the life cycle of the alternative.

Wood Rodgers will document the analysis and proposed improvements with the same level of detail as the storm drain bypass alternative in the SDMP report.

Task 5 – Dec 2022/Jan 2023 Historical Storms Simulation To assess the extent and cause of the flooding from the Dec. 25, 2022 through Jan 15, 2023 storms in the study area and to communicate the event to the residents, Wood Rodgers will collect and process historical rain and tide gage data for simulation in the ICM model. Wood Rodgers will provide videos of the simulation, floodplain maps, and flood level information for the flood event.

Task 6 – Financial Analysis Support
Wood Rodgers will continue to support the financial analysis being developed by SCI Group. We will provide engineering analysis to supplement missing data and provide additional data as requested by SCI and the City.

Each task, as outlined, will be performed on a Time & Materials (T&M) basis. The proposed scope of work and estimated fees will be invoiced as follows, and are fully detailed in the attached Cost Estimate:

TASK ESTIMATED FEE
Task 1 – HIA Tech Memo $18,810 T&M
Task 2 – Harbor Blvd Bypass High‐Level Feasibility $9,360 T&M Task 3 – 25‐Year Design Storm Modeling $5,270 T&M
Task 4 – Belmont Creek Detention Alternative Analysis $13,340 T&M Task 5 – Dec 2022/Jan 2023 Historical Storms Simulation $10,130 T&M Task 6 –  Financial Analysis Support $9,240 T&M
TOTAL ESTIMATED FEE $66,150 T&M
50 Storm Drainage Master Plan – Amendment 2
September 29, 2023

The estimated fees are based on negotiated rates to be utilized for the scope of work and budgets identified above. The estimate fees and rates are confidential, and client will not disclose. Wood Rodgers proposes to perform the above‐identified scope of work on a T&M basis for a total estimated fee of $66,150 T&M. The approval of this amendment will increase the total contract amount from $537,025 to $603,175.
51 City of Belmont
Estimated Project Labor Hours and Fees
Project: Belmont DMP ‐ Amendment 2
Principal Engineer II
Principal EngineerI
Associate Engineer III
Associate EngineerI
Engineer/ GIS II
Engineer/SurveyorI
2‐Person Survey Crew
Project Coordinator
Hourly Rates $ 280 $ 245 $ 225 $ 215 $ 190 $ 180 $ 315 $ 150 Task 1 ‐ HIA Tech Memo 26 40 16 82 $ 18,810
Task 2 ‐ Harbor Blvd Bypass High‐Level Feasibility 8 16 20 44 $ 9,360 Task 3 ‐ 25‐Year Design Storm Modeling 2 2 6 16 26 $ 5,270 Task 4 ‐ Belmont Creek Detention Alternative Analysis 10 18 36 64 $ 13,340 Task 5 ‐ Dec 2022/Jan 2023 Historical Storms Simulation 4 12 30 46 $ 10,130 Task 6 ‐ Financial Analysis Support 16 16 8 40 $ 9,240
SUBTOTAL 0 66 104 60 72 0 0 0 302 $ ‐ $ 66,150
$ 66,150
Wood Rodgers Staff

TOTAL FEE

TOTAL COST

DIRECT COST(S)

TOTAL HOURS BY TASK
Wood Rodgers, Inc. 9/28/2023
52 STORMWATER MASTER

PLAN UPDATE
October 10, 2023
53 Oct. 10, 2023 2
Stormwater
master plan
• Last citywide storm drainage
study was completed in 2009
• In 2021 the City Council
approved an agreement with
Wood Rodgers, Inc. to develop
the Plan
• Meet level-of-service goals (10-
year design storm for pipes and
top of curb)
Stormwater Master Plan Update 2023 54
APPROACH | Comprehensive, Realistic, Optimized
Inventory Condition Assessment
Flood Risk Improvement
Alternatives CIP Prioritization
Oct. 10, 2023 Stormwater Master Plan Update 2023 3
55 Storm System Funding Study Grant Applications
Oct. 10, 2023 Stormwater Master Plan Update 2023 4
APPROACH | Fundable
56 Storm Drainage Facilities
Georeferenced As-Builts
Inspection & Condition Assessment
Hydrologic & Hydraulic Model Input
Oct. 10, 2023 Stormwater Master Plan Update 2023 5
DATABASE | Facility Inventory
57 Oct. 10, 2023 Stormwater Master Plan Update 2023 6
SURVEY + INSPECTION | Site Prioritization
58 CONDITION
ASSESSMENT |
O&M Deficiency
Oct. 10, 2023 Stormwater Master Plan Update 2023 7
59 CONDITION
ASSESSMENT |
Structural
Deficiency
Oct. 10, 2023 Stormwater Master Plan Update 2023 8
60 Belmont
San Mateo
San Carlos
Oct. 10, 2023 Stormwater Master Plan Update 2023 9
CAPACITY ASSESSMENT | Conveyance Deficiency
61 Oct. 10, 2023 Stormwater Master Plan Update 2023 10
CAPACITY ASSESSMENT | Conveyance Deficiency
62 Recommended Improvements Annualized Flood Risk
($)
Annualized Project Life
Cycle Cost ($)
Annualized Risk/
Annualized Life Cycle Cost Prioritization Ranking
Harbor Boulevard Bypass $ 3,922,499 $ 1,900,000 2.01 4
Upper Belmont $ 1,086,140 $ 187,844 5.78 2
Oneill Avenue $ 571,590 $ 357,516 1.60 6
East El Camino $ 1,338,293 $ 528,984 2.53 3
West El Camino $ 2,065,260 $ 58,219 35.47 1
Condition Improvements $ 8,929,684 $ 4,597,125 1.94 5
Oct. 10, 2023 Stormwater Master Plan Update 2023 11
CIP| Recommendations and Prioritization
63 Oct. 10, 2023 Stormwater Master Plan Update 2023 12
CIP| Recommendations
64 Recent
Stormwater
Funding
Measures
Agency Year Type
Support
Level
City of Sacramento 2022 $ 207 Fee 52%
Vallejo Flood & Storm 2022 $ 54 Fee 32%
City of Davis 2021 $ 157 Fee 61%
City of San Bruno 2021 $ 154 Fee 36%
City of Alameda 2019 $ 129 Fee 57%
City of Cupertino 2019 $ 56 Fee 51%
City of Los Altos 2019 $ 88 Fee 44%
City of Berkeley 2018 $ 96 Fee 61%
Los Angeles County 2018 $ 83 Tax 69%
Town of Moraga 2018 $ 120 Fee 48%
City of Palo Alto 2017 $ 164 Fee 64%
City of Culver City 2016 $ 99 Tax 74%
Annual
Amount
Recent Stormwater Fee Ballot Measures
Oct. 10, 2023 Stormwater Master Plan Update 2023 13
FUNDING | Financing Success (and failures)
65 Date of Grant
Application Client Value of Grant Funding Source Was it Successful? 2021 Redwood City, CA $ 7,600,000 FEMA HMGP Yes
2021 Redwood City, CA $ 13,100,000 FEMA HMGP Yes
(tentative)
2017 Marin County Flood Control
District, CA $ 12,000,000 FEMA HMGP Yes (tentative)
2015 Alameda County Flood Control
District, CA $ 3,600,000 California Dept. of Water Resources Yes 2011 Alameda County Flood Control
District, CA $ 16,000,000 California Dept. of Water Resources Yes 2011 City of Salinas, CA $ 50,000,000 US DOT - Transportation Investment Generating Economic Recovery (TIGER) Grant Program Pending
2011 City of Rancho Cordova CA $ 3,000,000 SACOG Yes
2011 Desert Research Institute, NV $ 3,000,000 Economic Development Authority Yes 2011 Washoe County, NV $ 3,000,000 USFS, Southern Nevada Public Lands Management Act (SNPLMA) Yes
2011 Douglas County / Nevada Tahoe
Conservation District, NV $ 600,000 USFS, Southern Nevada Public Lands Management Act (SNPLMA) Yes 2008 Alameda County Flood Control
District, CA $ 1,000,000 California Dept. of Water Resources Yes 2008 Marin County $ 180,000 California Dept. of Water Resources, Local Levee Assistance Program Local Levee Yes
2007 Levee District No.1 $ 14,100,000 Proposition 1E Yes 2007 RD 2103 $ 10,800,000 Proposition 1E Yes
2006 Washoe County, NV $ 3,000,000 USFS, Southern Nevada Public Lands Management Act (SNPLMA) Yes
Oct. 10, 2023 Stormwater Master Plan Update 2023 14
FUNDING | Grant Funding
66 Oct. 10, 2023 Stormwater Master Plan Update 2023 15
Next Steps
• Tonight - Receive City Council
feedback on the Plan
• February 2024 – Start Property Fee
Survey
• Tentatively March 2024 – Present
the completed Plan to City Council
for acceptance
• Spring/Summer 2024 – Conduct
community engagement workshops
• December 2024 – Initiate Prop 218
Ballot Measure
67 Thank you
www.Belmont.gov
68 CIP | Recommendations
17 69
CIP | Recommendations
18 70
CIP | Recommendations
19 71
CIP | Recommendations
20 72
CIP | Recommendations
21 73