Agenda packet — East Palo Alto City Council, October 6, 2026 (part 1 of 2)

EAST PALO ALTO CITY COUNCIL

REGULAR SESSION AMENDED AGENDA
Tuesday, October 6, 2026, 6:00 PM
EPA Government Center
2415 University Avenue, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in- person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303. The virtual portion of this City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted pursuant to Assembly Bill 361.

The public may participate in the City Council Meeting via Zoom Meeting or by attending inperson in the Council Chambers at 2415 University Ave, First Floor East Palo Alto, CA 94303.

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1. CALL TO ORDER AND ROLL CALL

2. APPROVAL OF THE AGENDA

3. APPROVAL OF CONSENT CALENDAR

3.1 Monthly Cash Treasury Report for August 2026
Recommendation:

Accept and file the Cash Treasury Report for the month of August 2026.

3.2 First Contract Amendment for the O'Connor Pump Station Phase I Improvements Project
Recommendation:

Adopt a resolution:

1. Authorizing the City Manager to execute the first contract amendment, in a form approved by the City Attorney, with Harris & Associates, Inc. for professional design services for the O’Connor Pump Station Phase I Improvements Project (CIP Project No. SD-06A) to increase the contract budget by $86,528.00 for a new not-to-exceed amount of $443,794.80;

2. Appropriating $86,528.00 from the U.S. EPA Community Grant;

3. Extending the contract term to December 31, 2928;

4. Finding that the proposed action does not constitute a "project" with the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

3.3 On-Call Emergency Contract Services for storm response Recommendation:

Adopt a Resolution authorizing:

1. The City Manager to execute on-call contracts, in a form approved by the City Attorney, for emergency storm response and related services for a term of three years, each with an amount not to exceed $225,000 with Badger Daylighting Corporation; and C2R Engineering, Inc.; and

2. An additional appropriation from the General Fund reserve in the amount of $300,000.

East Palo Alto City Council October 6, 2026 Agenda
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3.4 FY 2026-27 Personnel Update
Recommendation: Approve FY 2026-27 Personnel
Update 3.5 Breast Cancer Awareness Month Proclamation
Recommendation: Present the Breast Cancer Awareness
Month Proclamation

3.6 Proclamation for Native American Day
Recommendation: Present the Proclamation for Native American Day 3.7 Proclamation for Age Up Day
Recommendation: Present the Proclamation for Age Up Day

3.8 Authorize Contracts for On-call Temp Agency (22nd Century and Robert Half) Recommendation: Adopt a resolution:

1. Authorizing the City Manager to award, negotiate, and execute agreements with Robert Half, Inc. and 22nd Century Technologies, Inc. for On-Call Administrative and Technical Staffing Support, in forms approved by the City Attorney, for a not-to-exceed amount per vendor of Two Hundred Thousand Dollars ($200,000.00) and for a term through May 31, 2029, provided that each agreement extends to the City the pricing and terms of HGACBuy Contract TS06-25. Any extension of the term beyond May 31, 2029, shall require approval of the City Council.

2. Determining the action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15378(b)(5), in that it is a government administrative activity that will not result in direct or indirect physical changes in the environment.

3.9 Proclamation for Domestic Violence Awareness Month
Recommendation: Present the Proclamation for Domestic
Violence Awareness Month

3.10 City Council Meeting Minutes
Recommendation: Adopt September 1, 2026, City Council Meeting minutes for the Regular and Special Meeting

3.11 Proclamation for the Day of Remembrance
Recommendation: Present the Proclamation for the Day of Remembrance

4. CLOSED SESSION

5. PUBLIC COMMENT
East Palo Alto City Council October 6, 2026 Agenda
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6. ADJOURN CITY COUNCIL MEETING AND RECONVENE TO THE EAST

PALO ALTO SANITARY DISTRICT MEETING

7. EPASD CONSENT
CALENDAR 7.1
Cash Disbursement Report for August 2026
Recommendation:

Accept the cash disbursement report required pursuant to California Health and Safety Code Section 6794.

8. EPASD POLICY AND ACTION

8.1 Addendum 2 to Palo Alto RWQCP Partner Agreement
Recommendation: EPASD Board adopt a resolution to amend the partner agreement between EPASD and the Palo Alto RWQCP with the proposed Addendum 2 presented here within.

9. EPASD PUBLIC COMMENT

10. ADJOURN EAST PALO ALTO SANITARY DISTRICT BOARD MEETING

AND RECONVENE TO THE CITY COUNCIL MEETING

11. SPECIAL PRESENTATIONS

11.1 Youth Commission Introductions
Recommendation: Introduce the inaugural members of the Youth Commission

12. POLICY AND ACTION

12.1 Rent Stabilization Board Appointments
Recommendation: Make board/committee appointments to the Rent Stabilization Board (RSB); and appoint applicants for Regular or Alternate Seats for the body using the selection process recommended by staff.

13. INFORMATIONAL REPORTS

13.1 Citywide Lighting Assessment Project
Recommendation: Receive an update regarding the Citywide Lighting Assessment Project.

13.2 Code Enforcement Update
Recommendation:

Receive an informational report from staff concerning Code Enforcement. Staff East Palo Alto City Council October 6, 2026 Agenda
4 4
requests City Council direction on the potential strategies to better address Tier 3 code violations discussed above. Depending on Council direction, staff may return with funding requests.

13.3 Update on the City’s SAFER Bay Project
Recommendation: Receive an informational presentation on the City of East Palo Alto's SAFER Bay Project, including an update on the status of the design phase.

14. PUBLIC HEARINGS

14.1 Inclusionary Housing Alternative Compliance Option for West BayshoreNewell Improvements at Woodland Park (“West Bayshore-Newell Improvements”) Residential Project at 1-9 Newell Court, APNs 063-513- 820, 063-513-880, and additional locations, described herein.

NOTICE:

THIS ITEM HAS BEEN CONTINUED TO OCTOBER 20,2026. A STAFF REPORT IS FORTHCOMING.

14.2 Inclusionary Housing Alternative Compliance Option for the O’KeefeManhattan Improvements at Woodland Park ("O’Keefe-Manhattan Improvements") Residential Project at 300 O’Keefe Street, APN 063-441- 240, and additional locations, described herein.

NOTICE:

THIS ITEM HAS BEEN CONTINUED TO OCTOBER 20,2026. A STAFF REPORT IS FORTHCOMING.

15. COUNCIL REPORTS

16. ADJOURNMENT
Upcoming meetings:

Regular Meeting October 20, 2026 6:00 PM
Special Meeting November 10, 2026 6:00 PM
Regular Meeting November 17, 2026 6:00 PM
East Palo Alto City Council October 6, 2026 Agenda
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This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

POSTED: September 25, 2026
AMENDED: October 2,2026
ATTEST:

Lucero Avila-Garcia
Executive Assistant to the City
Manager
East Palo Alto City Council October 6, 2026 Agenda
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CONSENT ITEM 3.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 06, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Esther Aguirre, Senior Accountant
SUBJECT: Monthly Cash Treasury Report for August 2026
Recommendation
Accept and file the Cash Treasury Report for the month of August 2026.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority: Governance, Organizational Strength, and Fiscal Sustainability Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. Further, City Investment Policy Section XVIII requires monthly reporting of investment transactions, as specified. Because the City participates in State and County investments pools and does not independently broker or engage outside investment advisors to transact investments, the monthly reporting provides a snapshot of overall cash receipts, transfers, and disbursements.

Analysis
The Monthly Cash Treasury Report (“Report”) covers cash and investments of the City in the four cash and investment accounts: Wells Fargo Bank, San Mateo County Pool, California State Local Agency Investment Fund, and the California Asset Management Program (CAMP). The Report does not include petty cash, or the California State Community Infrastructure Program 7 CONSENT ITEM 3.1
(SCIP) bond proceeds held by a trustee in the name of the City. For investment purposes, City cash is pooled, except for bond proceeds held by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund. However, all cash is segregated in the City’s accounting records. Monthly cash transactions for the monthly period ending August 31, 2026 are as follows:

The Wells Fargo cash balance reflects the book value balance (i.e., total outstanding checks not cashed are deducted from the account balance). The month-to-date cash and investment balance decreased by approximately $1.3M compared to the balance as of July 31, 2026.

August receipts totaled approximately $7.6M, consisting primarily of grant reimbursements and donations related to the Large Trash Capture Project ($1.2M), Stanford University for the University Avenue Crossing Project ($1.0M), Silicon Valley Community Foundation for the Civic Center Project ($1.0M), sales tax revenue ($0.6M), TDA funding for the Pulgas Avenue MiniRoundabout Project ($0.4M), Safer Bay Mitigation Project reimbursement ($0.4M), University Avenue Crossing Project reimbursement ($0.3M), Transient Occupancy Tax from the Four Seasons Hotel ($0.3M), Veolia payments ($0.2M), Nairobi Housing loan receivable payment ($0.2M), and various other receipts.

August disbursements totaled approximately $9.2M, consisting primarily of 2015A Refunding Bonds debt service payments ($1.3M), payroll costs ($1.2M), FY27 Plan JPA contribution ($1.1M), Sherwood Design Engineers for the Safer Bay Project ($0.9M), payments to J.J.R.

Construction, Inc. for the East Bayshore Project ($0.8M), City of Palo Alto for first-quarter FY27 operations and maintenance (O&M) costs for the Regional Water Quality Control Plant (RWQCP) ($0.7M), Kaiser Foundation Health Plan for August and September medical benefits ($0.3M), General Lighting Service, Inc. for the Citywide Lighting Assessment Project ($0.3M), CSWST2 for the University Avenue Grand Corridor Project ($0.3M), and other recurring operating expenditures.

The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest1:

Local Agency Investment Fund (LAIF) average monthly effective yields were 3.86% in August 2026 compared to 3.84% in July 2026. San Mateo County monthly gross earnings for August

1 Daily US Treasury Yield Curve. Treasury.gov
Account Beginning
Balance Receipts Disbursements Interest Allocation Inter-Account Transfers Ending Balance Wells Fargo Bank 2,816,616.64 6,732,031.35 (9,179,310.51) 2,000,000.00 2,369,337.48 LAIF 24,728,625.68 - - - - 24,728,625.68
San Mateo County Pool 64,452,251.97 898,297.68 - - - 65,350,549.65 CAMP 92,474,053.50 - - 295,359.81 (2,000,000.00) 90,769,413.31 Total 184,471,547.79 7,630,329.03 (9,179,310.51) 295,359.81 - 183,217,926.12 Aug-26 Jul-26 Aug-25
6-Month Treasury Bill 3.89 3.82 3.86
2-Year Treasury Note 4.34 4.28 3.59
5-Year Treasury Note 4.49 4.45 3.68
8 CONSENT ITEM 3.1
2026 were 4.00% compared to 4.46% in July 2026. The estimated County Pool earnings for FY 26-27 are 3.75%. As of August 2026, the current annualized yield for California Asset Management Program (CAMP) is 3.80% compared to 3.78% in July 2026.

Staff believes the City has investment liquidity and anticipated revenues to meet the City’s anticipated expenditure requirements for the ensuing six months. The following table shows a breakdown of cash and investment balance by fund type.

The deposit market value totals $185,760,685 including an unrealized gain2 of $197,117, reflecting treasury yields during the calendar year. All except for the General Fund balance is restricted by either City Council or external parties for specific purposes. Unrestricted cash and investment balance under General Fund ($26,230,606) may be used at Council discretion.

Fiscal Impact
There is no fiscal impact for this item. This report is informational.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.

2 Investment Fair Market Value (FMV) factor is provided on a quarterly basis. Thus, as of June 30, 2026, FMV factor is used to calculate Unrealized Gain/(Loss) on Investments.

Deposit Value Market Value
General Fund (Inc. Petty cash of $10,800) $ 26,230,606 $ 26,230,606 General Sub-Funds (Commited/Restricted) $ 37,157,384 $ 37,157,384 City Funds Restricted and Committed $ 121,702,679 $ 121,702,679 Successor Agency Trust $ 472,899 $ 472,899
Unrealized Gain/(Loss) on Investment Pools $ - $ 197,117 $ 185,563,568 $ 185,760,685
Summary August 31, 2026
9 CONSENT ITEM 3.2

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 6, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Michael Cortez, Associate Engineer
Batool Zaro, Senior Engineer
Humza Javed, Public Works Director
SUBJECT: First Contract Amendment to the O’Connor Pump Station Phase I Improvements Project (CIP Project No. SD-06A) Design Contract
Recommendation
Adopt a resolution:

2. Appropriating $86,528.00 from the U.S. EPA Community grant;

3. Extending the contract term to December 31, 2028;

4. Finding that the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority: Public Health, Safety, and Quality of Life
Priority: Public Infrastructure and Utilities
10 CONSENT ITEM 3.2
Background
The O’Connor Pump Station, located along the San Francisquito Creek Levee at the eastern end of O’Connor Street, was originally constructed in 1984. The pump station currently serves as the City’s only stormwater runoff pump station, and it drains the majority of the runoff captured by the City’s storm drainage system.

In 2017, the City contracted Schaaf & Wheeler, an engineering consulting firm, to prepare a memorandum assessing the condition of the O’Connor Pump Station. The memorandum outlined the recommended improvements for bringing the pump station to up-to-date standards, increasing the pump station’s pumping capacity, as well as other miscellaneous safety improvements. The memorandum provided recommendations for short-term and long-term improvements. The City then utilized the information in the memorandum to add two projects to the Capital Improvement Program, namely, the Phase I and Phase II improvements projects at the O’Connor Pump Station.

In 2022, the City received $800,000 for rehabilitation of the O’Connor Pump Station from the United States Environmental Protection Agency (U.S. EPA) through the FY 2022 Omnibus Appropriations Bill. An additional amount of $800,000 from the U.S. EPA Community Grant was also received for water infrastructure, totaling $1,600,000 that has been granted for the O’Connor Pump Station project. The funds will be used to entirely fund the project design and a portion of the construction phase.

On March 18, 2025, the City executed an agreement with Harris & Associates, Inc. in the amount not-to-exceed $357,266.80 for professional engineering services to design the O’Connor Pump Station Phase I Improvements project (CIP Project No. SD-06A) via Resolution No. 20-2025.

The scope of services for the Phase I Improvements included underground diesel tank upgrades, pumping capacity upgrades, hydraulics improvements, ventilation upgrades, and electrical capacity upgrades.

Analysis
As the design of the Phase I improvements at the O’Connor Pump Station progressed, additional design considerations based on the electrical capacity upgrades were identified.

As pump selection and electrical loads were finalized, it was determined that the cabinets necessary to house the electrical equipment would not meet clearance requirements without changing the layout of the new electrical motors. As such, additional structural, civil, and electrical analyses are to be performed to explore options for maintaining all electrical equipment within the existing building. Regardless of the outcomes of said analyses, the main switchboard (MSB) will need to be relocated outside of the existing building.

The original project scope assumed that the new transformer would be pole-mounted. However, upon further investigation it was determined that the transformer required by PG&E for the electrical demands will be too large to pole mount and would need to be located on an elevated 11 CONSENT ITEM 3.2
concrete slab that adheres to FEMA base flood elevation requirements. This concrete slab is to be built in the sloped landscaped area between the two existing driveways adjacent to the existing pumphouse building. As mentioned in the foregoing discussion, the MSB will also be relocated to this concrete slab. Additional structural and civil analyses will need to be performed for the design of this concrete slab.

Since the MSB is now being relocated to outside of the existing building, electrical conduit will need to connect the new elevated MSB and the building. As such, an overhead tray will need to be designed to accommodate the conduit routing to the new MSB and transformer locations.

A detailed description of additional services can be found in Attachment 2: Harris & Associates Additional Design Services Memorandum to this report.

Staff recommends amending the design contract to appropriate additional funds and include the additional services as described in Attachment 2 of this report.

Fiscal Impact
An additional appropriation in the amount of $86,528.00 will be fully funded and reimbursed by the U.S. EPA community grant, hence there is no ultimate impact to the City’s capital fund.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

Government Code § 84308
Applicability of Levine Act: Yes.

Analysis of Levine Act Compliance: The signatory for the agreement is Marcus Fuller, Vice President of Engineering of Harris & Associates, Inc. Staff is unaware of any other parties or participants relevant to the Council’s consideration of this item.

Attachments

1. Resolution

2. Harris & Associates Additional Design Services Memorandum 12 Resolution No. XX-2026 1 of 2
RESOLUTION NO. XX– 2026

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST CONTRACT AMENDMENT, IN A FORM APPROVED BY THE CITY ATTORNEY, WITH HARRIS & ASSOCIATES, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE O’CONNOR PUMP STATION PHASE I IMPROVEMENTS PROJECT (CIP PROJECT NO. SD-06A) TO INCREASE THE CONTRACT BUDGET BY $86,528.00 FOR A NEW NOT-TO-EXCEED AMOUNT OF $443,794.80, AND APPROPRIATING $86,528.00 OF CAPITAL FUNDS TO FUND THE FIRST CONTRACT AMENDMENT.

WHEREAS, the O’Connor Pump Station was originally constructed in 1984; and WHEREAS, in 2017, Schaaf & Wheeler, the City’s engineering consultant, recommended certain improvements to the O’Connor Pump Station, including those relayed to industry flow standards and minor safety improvements; and
WHEREAS, in 2022, the City received $800,000 from the U.S. EPA FY 2022 Omnibus Appropriations Bill for rehabilitation of the O’Connor Pump Station, plus an additional $800,000 from the U.S. EPA Community Grant for water infrastructure, totaling $1,600,000 in project grants; and WHEREAS, on March 18, 2025, the City executed an agreement with Harris & Associates, Inc. in the amount not-to-exceed $357,266.80 for professional engineering design services to design the O’Connor Pump Station Phase I Improvements Project (CIP Project No. SD-06A) via Resolution No. 20-2025; and
WHEREAS, as the design of the improvements progressed, additional unanticipated civil, structural, and electrical design considerations based on the electrical capacity upgrades were identified; and
WHEREAS, staff recommends amending the design contract to appropriate additional funds to include the additional civil, structural, and electrical design services in order to complete the design of the Phase I improvements at the O’Connor Pump Station.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds that the foregoing recitals are true and correct, and are incorporated by this reference into this action; and

2. Authorizes the City Manager to execute the first contract amendment, in a form approved by the City Attorney, with Harris & Associates, Inc. for professional design services for the O’Connor Pump Station Phase I Improvements Design Contract to increase the contract budget by $86,528.00 for a new not-to-exceed amount of $443,794.80; and

3. Appropriates $86,528.00 from the U.S. EPA Community Grant to fund the first contract amendment; and

4. Finds that the proposed action does not constitute a “project” within the meaning of the California 13 Resolution No. XX-2026 2 of 2
Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a governmental fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

PASSED AND ADOPTED this 6th day of October 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Webster Lincoln, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
14 CONSENT ITEM 3.3

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 6, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Jessica Felix, Management Analyst
Humza Javed, P.E., Public Works Director
SUBJECT: On-Call Emergency Contract Services for storm response Recommendation
Adopt a resolution authorizing:

1. The City Manager to execute on-call contracts, in a form approved by the City Attorney, for emergency storm response and related services for a not-to-exceed amount of $75,000 and a term of three years, each with Badger Daylighting Corporation; and C2R Engineering, Inc.; and

2. Finding that awarding this contract is not a project under the California Environmental Quality Act (Section 21000, et seq. of the California Public Resources Code, hereafter CEQA) because the action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority: Public Infrastructure and Utilities
Priority: Public Health, Safety, and Quality of Life
15 CONSENT ITEM 3.3
Background
Due to East Palo Alto’s geography, its storm drain system is heavily impacted during the winter rainy season. The City sits between San Francisquito Creek and San Francisco Bay and receives storm runoff from entire upper watershed. The Public Works Maintenance Division prioritizes storm preparation by clearing drain inlets and valley gutters, hauling out debris and sediment from the San Francisquito Creek, pumping standing stormwater, repairing failed drainage structures, and supporting flood-prevention and levee work along the Creek.

In order to prepare itself for future weather events, the City has taken a proactive stance to bolster its storm response capabilities. The Public Works Department needs to execute contracts with contractors equipped with the necessary heavy machinery and skilled operators to be able to support staff responding to storm-related emergency as well as preventative work. These contractors will be added to the Public Works roster and will be on standby to address emergencies, ensuring flood prevention and efficient management of storm-related issues. Their responsibilities will encompass repairing and installing drainage inlets, pumping excessive water, performing valley gutter cleanup and repair, debris removal, and undertaking various storm drain construction work, all aimed at averting local flooding incidents throughout the City.

An on-call agreement gives the City the ability to swiftly respond to emergencies as the contractors are already qualified, their rates are already set, and Public Works can issue a task order and get a crew out without delay.

Analysis
A request for proposals (RFP) for on-call storm response was issued on December 12, 2025.

The scope of work covers:
• Installation and repair of drainage inlets
• Pumping and removal of accumulated stormwater
• Cleaning of valley gutters and removal of debris
• Flood-prevention support at San Francisquito Creek
• Levee repair and stabilization
• Other related work necessary to protect public infrastructure Proposers were asked to submit their rates on a pricing sheet along with a firm description, relevant experience in storm drain work, debris removal, pumping and outfall stabilization, key personnel qualifications, public agency references, and proof of licensing and insurance.

Proposals were due by 2:00 p.m. on Wednesday, February 11, 2026. The City received five proposals. One proposal, from Miabella Expert Tree Services, was outside the scope of the solicitation and was not evaluated further.

The remaining four proposals were reviewed and scored against the criteria which included qualifications, manpower, and experience in the RFP by three staff members from the Public 16 CONSENT ITEM 3.3
Works Department. Average scores of the proposers are shown in the table below:

Proposer Average Score
Badger 17
C2R 18
Pipe & Plant 16.7
Yerba Buena 13.7
All four proposers were found responsive; C2R Engineering, Inc. and Badger Daylighting Corp. scored highest.

Staff recommends awarding to the two highest-scoring proposers, C2R Engineering and Badger Daylighting. Beyond their scores, the two firms cover the two halves of the work the City actually needs. Badger brings the hydro-vacuum equipment for cleaning inlets and catch basins and pumping standing water. C2R brings the crews and excavation equipment for repairing and replacing failed storm drain structures. Neither firm covers the other's scope well on its own, so awarding to both gives Public Works the full range without duplicating capability. Moreover, two contractors rather than one also gives Public Works options during a storm. Storm work comes in bursts, and those bursts are usually regional, so some flexibility is beneficial.

C2R Engineering, Inc. (Los Altos; CA License #994397) is an underground utilities contractor that handles storm drain, sewer, and water line repair and replacement. C2R has been the City's storm drain on-call contractor for the past three years and recently finished the University Avenue and Weeks Street 12-inch Watermain Project. The firm started in 2014 and reports more than 200 completed projects.

Badger Daylighting Corp. (San Jose; CA License #945499) supplies hydro-vacuum units with operators to clean storm inlets, catch basins, and similar structures. Badger already does this work for the City and services the Newbridge trash capture device.

Work would be assigned by written task order. The Public Works Director or designee would select the contractor for each task order based on what the job requires, what equipment is needed, and who is available, and would authorize work only at the rates in that contractor's agreement. Neither firm is promised any minimum amount of work.

Fiscal Impact
The adopted FY 2026-27 budget includes $150,000 in the Public Works Maintenance Division for storm response contractor services. Approval of the proposed on-call flood response contract does not require an additional appropriation at this time for the current fiscal year. $75,000 is for C2R Engineering, Inc. and $75,000 for Badger Daylighting Corporation.

Public Notice
17 CONSENT ITEM 3.3
The public was provided notice by making the agenda and report available on the City's website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
Awarding this contract is not a project under the California Environmental Quality Act (Section 21000, et seq. of the California Public Resources Code, hereafter CEQA) because the action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Individual task orders issued under these agreements will be evaluated for CEQA applicability, including any required exemption determination, before work commences.

Government Code § 84308
Applicability of Levine Act: No, as the entitlement was competitively bid.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
18 Resolution No. XX-2026 1 of 3
RESOLUTION NO. XX– 2026

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AWARDING ON-CALL FLOOD PREVENTION CONTRACTOR SERVICES AGREEMENTS TO C2R ENGINEERING, INC. AND BADGER DAYLIGHTING CORP., EACH FOR A TERM OF THREE YEARS AND EACH IN AN AMOUNT NOT TO EXCEED $75,000, FOR A COMBINED TOTAL NOT TO EXCEED $150,000.

WHEREAS, the City of East Palo Alto owns and maintains a storm drain system that requires routine maintenance and emergency response during storm events, including the installation and repair of drainage inlets, pumping and removal of accumulated stormwater, cleaning of valley gutters, removal of debris, levee repair and stabilization, and flood-prevention support at San Francisquito Creek; and WHEREAS, much of this work arises without advance notice, frequently outside of normal business hours, and requires specialized equipment that the City does not own; and WHEREAS, on December 12, 2025, the City issued a request for proposals (RFP) for On-Call Flood Prevention Contractor Services in order to enter into contractsfor as-needed work at rates fixed in advance; and
WHEREAS, the City received five proposals in response to the RFP, one of which was determined to be outside the scope of the solicitation, and an evaluation panel of City staff reviewed and scored the four remaining proposals in accordance with the stated criteria; and WHEREAS, the evaluation panel determined that the remaining four proposals were responsive and that C2R Engineering, Inc. and Badger Daylighting Corp. received the highest scores; and WHEREAS, awarding agreements to both C2R Engineering, Inc. and Badger Daylighting Corp. provides the City with complementary capabilities in that C2R Engineering, Inc. furnishes crews and excavation equipment for the repair and replacement of storm drain structures and Badger Daylighting Corp. furnishes hydro-vacuum equipment for the cleaning of inlets and catch basins and the pumping of accumulated stormwater; and
WHEREAS, the adopted Fiscal Year 2026-27 budget includes an appropriation of $150,000 in the Public Works Department for storm response contractor services; and WHEREAS, the City Council finds that awarding these agreements is not a project under the California Environmental Quality Act (Public Resources Code section 21000 et seq.) because the action has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Individual task orders issued under these agreements will be evaluated for CEQA applicability, including any required exemption determination, before work commences.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds that the recitals set forth above are true and correct and are incorporated herein by reference.
19 Resolution No. XX-2026 2 of 3

2. Authorizes the City Manager, or designee, to negotiate and execute agreements, in a form approved by the City Attorney, with each of C2R Engineering, Inc. and Badger Daylighting Corp. for On-Call Flood Prevention Contractor Services, each for an amount not to exceed Seventy-Five Thousand Dollars ($75,000) and a term of three years.

3. Authorizes the City Manager, or designee, to assign work under the agreements by written task order at the rates set forth in each agreement, and to execute such task orders, amendments, and related documents as may be necessary to carry out the purposes of this Resolution, subject to the not-to-exceed amounts authorized above.

4. Provides that neither contractor is guaranteed any minimum amount of work under its agreement.

5. Provides that this Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 6th day of October, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Webster Lincoln, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
20 EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 6, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Ana Maria Torres-Mondragon, Human Resources Manager SUBJECT: FY 2026-27 Budget Personnel Staffing Changes
Recommendation
Adopt a resolution:

1. Approve amendments to the classification plan adding 1.0 FTE Recreation Program Coordinator (1 Year LTD) and appropriate $104,000 from the Community Benefit fund; and

2. Approving amendments to the classifications and the related specifications for the Deputy City Attorney I/II and Community Services Supervisor job description; and

3. Approving and establishing the compensation schedules for the following:
 Community Services Supervisor
 Recreation Program Coordinator (1 Yr LTD)
 Police Recruit

4. Finding that the actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not “projects” pursuant to CEQA Guidelines section 15378(b)(4) because they are fiscal activities that do not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority: Ensure Our Financial and Organizational Health CONSENT ITEM 3.4
21 Background
The City’s Classification and Compensation Plan, together with the publicly available Compensation Schedule and adopted Position Control List, provides a comprehensive framework outlining job classifications, salary ranges, position allocations, and associated duties for all City employees. During development of the FY 2026–27 budget, City staff engaged in substantive discussions regarding staffing vacancies and the operational impacts those vacancies have on service delivery and statutory compliance.

As codified in the City’s Personnel Policies and Procedures approved by the City Council on August 28, 1985 (Resolution #00201), Rule 3.4.05 states: “A job specification shall be a written statement providing the title and definition of a class, examples of the duties to be performed and the minimum qualifications.” As a member of the California Public Employees’ Retirement System (CalPERS), the City is also subject to applicable provisions of the Public Employee Retirement Law (PERL) referenced in the California Government Code and the California Code of Regulations.

Section 3.4.06 of the City of East Palo Alto Personnel Policies and Procedures manual establishes the procedures for department heads or the Personnel Officer (which is the City Manager) to create a new classification. Requests for the creation of a new class can originate with a department head or with the Personnel Officer. After review, the Personnel Officer submits the new job specification, class title and salary range to the City Council to be considered for addition to the Classification Plan. The new class is officially established upon adoption by the City Council.

This report requests approval for several personnel related updates identified through the City’s ongoing staffing and classification review. The proposed actions include establishing one FTE Recreation Program Coordinator position for one-year limited term period to support recreational programming and related youth focused efforts. The report also proposes minor edits to the Deputy City Attorney I/II classification specification to ensure the document reflects the appropriate terminology and current classification structure. The report also proposes edits to the Community Services Supervisor classification to properly reflect all of the duties assigned.

On June 16, 2026, City Council approved the Community Services Supervisor classification to reflect changes in the position’s duties, responsibilities, and scope of work. The corresponding salary range associated with the expanded classification was not included in the June 16, 2026, Council action. As part of the classification review, the City subsequently confirmed that the position’s revised scope of responsibility warrants an adjustment to the applicable salary range.

The expanded responsibilities reflect a greater level of complexity, accountability, and organizational impact than was reflected in the prior classification and compensation structure.

In addition, approval is requesting to update corresponding compensation schedule adjustments for the Community Services Supervisor, Recreation Program Coordinator (1 yr LTD), and Police Recruit classifications.

The proposed salary range adjustments are intended to ensure that compensation is appropriately aligned with the positions as currently classified and the level of responsibility assigned to the position. The adjustment also supports internal compensation consistency and alignment with the City’s classification and compensation framework. 22 Analysis
Staff is proposing the following staffing changes:

City Attorney’s Office
Staff is requesting approval for non-substantial changes for the unrepresented Deputy City Attorney I/II classification specification. The Deputy City Attorney I/II classification specification is being updated to ensure consistency and clarity throughout the document. The minimum years of professional legal experience will remain unchanged, with the Deputy City Attorney I classification requiring two years and the Deputy City Attorney II requiring four years. However, the requirement for professional experience specifically in municipal law is proposed to be revised from a required qualification to a preferred and highly desirable qualification. This change provides greater flexibility in recruitment while continuing to recognize the value of municipal law experience. In addition, the terms “Assistant City Attorney” and “Deputy City Attorney” are currently used interchangeably throughout the specification. Staff is recommending that the classification specification be revised to consistently use the title “Deputy City Attorney” throughout the document. This change has no monetary impact.

City Manager’s Office
Community Services Division
Staff is requesting approval for the classification specification update for the Community Services Supervisor. The additional changes will result in strengthening and improving managerial and technical support of the Community Services Division due to the increasing and evolving complexity and technical demands and provide more and better services to the public and facilitate the oversight of the organization under the direction of the City Manager. This classification is now part of the Management Employee Association (MEA) and is FLSA Exempt.

These proposed changes will support critical ongoing community service needs as well as increase direct services related to Community Services Division ultimately strengthening overall managerial control and responsibility for the City’s current service levels. Due to the increased responsibility, which began on June 21, 2026, the compensation schedule for the Community Services Supervisor will be increased. Step E of the current Community Services Supervisor hourly rate is set at $46.3507 per hour, and new proposed hourly rate is $59.2176 which represents approximately 27% of an increase retroactive to June 21, 2026.

Staff is also requesting approval for the Recreation Program Coordinator (1 Year LTD).

Establishing the Recreation Program Coordinator position on a limited term basis will provide dedicated staff capacity to help plan, coordinate, implement, and sustain recreational and youth 23 programming at Cooley Landing. This proposal allows the City to leverage existing program resources to support these efforts without requiring an additional General Fund appropriation.

Funding for the proposed limited term Recreation Program Coordinator position is available through the Community Benefit fund, a program funding designated to support youth programs and operations at the Cooley Landing Center. The Community Benefit fund is available for such programs and committed for approximately $250,000. Staff estimates the fully burdened costs for the position would be approximately $104,000. The limited term structure provides the City with additional capacity to support and coordinate recreational programming and related youthfocused efforts at the Center while utilizing existing resources.

Police Department
Operations Division
Staff is recommending an adjustment to the Police Recruit compensation schedule based on a recent compensation study that identified the classification as being significantly below the applicable market comparison. The current Police Recruit hourly rate is set at $30.00 per hour and new proposed hourly rate is $44.61, an increase of approximately 48.7%, compared to the Police Officer hourly rate of $51.02, which represents approximately 87.4% of the Police Officer rate.

A compensation study was conducted for the Police Recruit classification to evaluate the proposed hourly rate, taking into consideration both wages and benefits offered by comparable agencies, including select benchmark cities and agencies to which the City has experienced employee losses. The study provides insight into the competitive compensation needed to attract and retain qualified candidates. Given the ongoing challenges agencies face in recruiting and filling Police Officer positions, maintaining a competitive Police Recruit wage is an important strategy to broaden the applicant pool and attract well-qualified candidates. The current lower wage may limit the City’s ability to attract a sufficient number of qualified applicants. The proposed hourly rate is intended to strengthen the City’s recruitment and retention efforts by making the Police Recruit classification more competitive while supporting the development of future sworn personnel.

The Police Recruit classification is an unrepresented classification and is intended to function as an underfill of the Police Officer classification, allowing the City to appoint qualified candidates at the recruit level while they complete the required training and academy process before advancing to the Police Officer classification. Increasing the Police Recruit salary schedule does 24 not create a new position, alter the classification structure, or require an additional staffing allocation beyond the existing Police Recruit position.

The underfill structure continues to provide the City with salary savings during the recruit period because the employee is compensated at the lower Police Recruit rate rather than the higher Police Officer rate. Accordingly, the proposed salary adjustment maintains a salary differential between the Police Recruit and Police Officer classifications while improving the City’s ability to attract qualified candidates. The proposed adjustment represents a targeted market adjustment within an existing classification structure rather than the creation of an additional or higher cost position. The attached compensation analysis provides supporting market data and additional analysis for the proposed salary schedule adjustment.

Fiscal Impact
The costs associated with the Community Services Supervisor position and the Police Recruit are included in the FY 2026-27 adopted budget. Staff requests an additional appropriation of $104,000 from the Community Benefit Fund to cover the costs of the proposed 1.0 FTE Recreation Program Coordinator position for a one-year limited term. The Community Benefit Fund represents committed fund balance within the General Fund and is reported separately from unassigned General Fund balance. Accordingly, this appropriation would reduce committed fund balance without affecting unassigned General Fund balance.

For the Police Recruit, this is a cost savings. Filling the Police Officer position for the remaining portion of the fiscal year would cost approximately $118,000; instead, staff proposes underfilling the position for the remainder of the fiscal year, which would cost approximately $70,000. This suggestion would save the City approximately $48,000 per position. There are currently two such underfilled positions where the incumbent is in the academy. Additionally, there are currently two vacant Police Officer positions.

Staff is not proposing any changes to the compensation schedule of the Deputy City Attorney.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto. 25 Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to CEQA Guidelines section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Government Code § 84308
Applicability of Levine Act: No, as there are no entitlements related to the proposed action.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
a. Exhibit A: Deputy City Attorney I/II
b. Exhibit B: Community Services Supervisor
c. Exhibit C: Recreation Program Coordinator (1 Year LTD) d. Exhibit D: Compensation Schedules for the Community Services Supervisor, Recreation Program Coordinator (1 Year LTD), and Police Recruit e. Exhibit E: Police Recruit Compensation Study
26 Resolution No. XX-2026 1 of 2
RESOLUTION NO. XX– 2026

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
APPROVING AN AMENDMENT TO THE CITY’S CLASSIFICATION PLAN ADDING 1.0 FTE RECREATION PROGRAM COORDINATOR (1 YEAR LTD), APPROVING APPROPRIATION OF $104,000 FROM THE COMMUNITY BENEFIT FUND, APPROVING AMENDMENTS TO THE

CLASSIFICATIONS AND THE RELATED SPECIFICATIONS FOR THE DEPUTY CITY

ATTORNEY I/II AND COMMUNITY SERVICES SUPERVISOR, AND ESTABLISHING NEW

COMPENSATION SCHEDULES FOR THE COMMUNITY SERVICES SUPERVISOR, RECREATION PROGRAM COORDINATOR (1 YEAR LTD) AND POLICE RECRUIT.

WHEREAS, the City’s Classification and Compensation Plan, together with the publicly available Compensation Schedule and adopted Position Control List, provides a comprehensive framework outlining job classifications, salary ranges, position allocations, and associated duties for all City employees; and

WHEREAS, because of the evolving needs of the City, changes related to staffing, community expectations, and management’s intent to continue pursuing Council’s strategic goal to “Ensure Our Financial and Organizational Health,” staff is proposing several changes related to the City’s departmental organization and staffing; and
WHEREAS, as codified in the City’s Personnel Policies and Procedures approved by the City Council on August 28, 1985 (Resolution #00201), Rule 3.4.05 states: “A job specification shall be a written statement providing the title and definition of a class, examples of the duties to be performed and the minimum qualifications.” As a member of the California Public Employees’ Retirement System (CalPERS), the City is also subject to applicable provisions of the Public Employee Retirement Law (PERL) referenced in the California Government Code and the California Code of Regulations; and WHEREAS, East Palo Alto Municipal Code section 2.12.070(O) authorizes the City Manager, or the City Manager’s designee, to review and establish job specifications and minimum qualifications for positions authorized by the City Council; and
WHEREAS, section 3.4.06 of the City of East Palo Alto Personnel Policies and Procedures manual establishes the procedures for department heads or the Personnel Officer to create a new classification. After review, the Personnel Officer submits the new job specification, class title and salary range to the City Council to be considered for addition to the Classification Plan. The new class is officially established upon adoption by the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Approve an amendment to the City’s Classification Plan adding 1.0 FTE Recreation Program Coordinator (1 Year LTD); and

2. Approve appropriation of $104,000 from the Community Benefit Fund to budget for the Recreation Program Coordinator for Fiscal Year 2026-27 only; and

3. Approve and establish the amendments to the classifications and the related specifications for the following:
27 Resolution No. XX-2026 2 of 2
 Deputy City Attorney I/II, attached as Exhibit A; and  Community Services Supervisor, attached as Exhibit B; and  Recreation Program Coordinator (1 Year LTD), attached as Exhibit C; and 

4. Approve and establish the compensation schedules, attached as Exhibit D, for the following:
 Community Services Supervisor, effective June 21, 2026; and  Recreation Program Coordinator (1 Year LTD); and
 Police Recruit; and

5. Find that the actions approved by this Resolution are not “projects” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(4), because they are fiscal activities that do not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

PASSED AND ADOPTED this 6th day of October 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Webster Lincoln, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
28 October 2026
FLSA: Exempt

DEPUTY CITY ATTORNEY I/II

DEFINITION
Under general supervision/direction, performs various professional legal services and provides assistance and advice to all City departments, City Council, and various boards, committees, and commissions as assigned; prepares and presents pleadings and discoveries before Federal and State courts and various governmental agencies; represents the City in municipal law matters; performs related work as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision/direction from the City Attorney. Exercises technical and functional direction over and provides training to legal support and professional staff.

DISTINGUISHING CHARACTERISTICS
Deputy City Attorney I: This is the entry-level class in the Deputy City Attorney series. Initially under close direction, incumbents with basic professional legal experience perform analytical and technical work within the City Attorney’s Office. As experience is gained, assignments become more varied and are performed with greater independence. Positions at this level usually perform most of the duties required of the positions at the II level but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods.

Deputy City Attorney II: This is the full journey-level class in the Deputy City Attorney series that performs the full range of professional legal work in all of the following areas: claims, public contracts, code enforcement, land use, rent control, public works, and other matters. Positions at this level are distinguished from the I level by the performance of the full range of duties as assigned, working more independently, and exercising a higher level of judgment and initiative. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. This class is distinguished from City Attorney in that the latter has overall responsibility for all City Attorney functions and for developing, implementing, and interpreting public policy.

Positions in the Deputy City Attorney class series are flexibly staffed and positions at the II level are normally filled by advancement from the I level requiring two (2) additional years of experience and after gaining the knowledge, skill, and experience which meet the qualifications for and after demonstrating the ability to perform the work of the higher-level class. When filled from the outside, the employee is required to have four (4) years of prior related experience that allows the employee to meet the qualification standards for the II level.
29 Deputy City Attorney I/II

Page 2 of 4 ends

JOB-RELATED QUALIFICATIONS
Knowledge of:
 Legal principles and procedures, including civil and administrative laws and procedures involving redevelopment, housing, zoning controls, and land use matters.  Federal, State, and local laws statutes and ordinances with emphasis on civil, contract, and labor law.  Federal, State, and local trial and appeal procedures and methods of case preparation and presentation.  Legal principles, issues, and practices related to municipal government functions, including specific government operations and relevant legal issues.
 Court procedures and rules of evidence.
 Methods of legal research, including computer research.  Business letter writing and the standard format for reports and correspondence.  Principles and practices of data collection and report preparation.  Business mathematics and basic statistical techniques.  Record-keeping principles and procedures.
30 Deputy City Attorney I/II

Page 3 of 4 ends

 Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
 Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.

Ability to:
 Provide sound legal advice to the City Council, commissions, committees, and departmental staff.  Present legal information and advice clearly and persuasively in public sessions.  Determine alternative legal and administrative approaches to solving problems.  Analyze and prepare a wide variety of legal documents.  Conduct research on legal problems and prepare sound legal opinions.  Prepare and present cases, pleadings, and discoveries in court.  Prepare accurate and effective reports, policies, procedures, and other written materials.  Conduct effective negotiations and effectively represent the City and the department in meetings with governmental agencies, businesses, professionals, and regulatory and legislative organizations.  Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
 Establish and maintain a variety of filing, record-keeping, and tracking systems.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
 Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
 Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to a Juris Doctorate degree from an accredited school of law, preferably with a specialization or emphasis on municipal law in areas such as labor relations, land use, environmental, and/or administrative law.

Deputy City Attorney I: Two (2) years of professional legal experience. Professional experience in municipal law experience is highly desired.
31 Deputy City Attorney I/II

Page 4 of 4 ends

Deputy City Attorney II: Four (4) years of professional legal experience, or two (2) years equivalent to a Deputy City Attorney I at the City of East Palo Alto. Professional experience in municipal law is highly desired.

Licenses and Certifications:
 Possession of a valid California Class C Driver’s License and a good driving record, at the time of appointment.
 Possession of a valid California State Bar License.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds with the use of proper equipment.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. 32 October 2026
FLSA: Exempt

DEPUTY CITY ATTORNEY I/II

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Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Deputy City Attorney I: Two (2) years of professional legal experience. Professional experience in municipal law experience is highly desired.
35 Deputy City Attorney I/II

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COMMUNITY SERVICES SUPERVISOR

DEFINITION
Under general direction, administers and coordinates a variety of complex recreation and community services programs, including parks and community centers, social and cultural programs, sports and fitness activities, and services for youth, adults, and seniors. Develops, implements, promotes, and evaluates recreation programs, classes, and special events. Participates in program planning, budgeting, and operational analysis to ensure effective service delivery.

This position requires exceptional customer service, sound judgment, strong written and verbal communication skills, and the ability to manage multiple priorities in a fast-paced municipal environment. Provides supervision, training, and guidance to all department staff and volunteers; assists the Community Services Manager with specialized and complex assignments; and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Community Services Manager. Directly supervises recreation personnel, contract service providers, and volunteers.

DISTINGUISHING CHARACTERISTICS
This is a professional supervisory classification that executes complex operations and administration for the day-to-day recreation and community services programs for the City.

Receives general direction from the Community Services Manager. Exercises direct supervision over all recreation personnel, independent contractors, and volunteers. Provides leadership and coordination for recreation and community services programs, ensuring effective planning, implementation, and evaluation of services, programs, and special events. Assists the Community Services Manager on complex assignments as needed.

This position requires the use of considerable independence, initiative, and discretion within established guidelines. This class is distinguished from the Community Services Manager in that the position is responsible for the overall operations and administration of the department. The Community Services Manager also serves as the Emergency Services Coordinator.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Develop and implement goals, objectives, policies, and priorities related to assigned program area while providing conformance to overall departmental goals and objectives. 37 Community Services Supervisor
 Plan, organize, coordinate, and direct the planning, development, and implementation of recreational and other community service programs.
 Meet with public groups, clubs, organizations, and agencies to explain and promote community service and recreational activities and programs related to the area of assignment.
 Identify opportunities to improve service delivery methods and resource needs. Survey community recreational resources and needs; assess and determine priorities and interest in community programs; and develop and recommend new community service programs.  Approve and direct implementation of specific activities, plans, and procedures prepared by full-time and part-time hourly staff or volunteers.
 Assist in the preparation and administration of the Department budget, including forecasting staffing, equipment, materials, and supply needs; monitor, approve, and track expenditures.
 Prepare detailed cost estimates and supporting documentation for programs, projects, events, and budget requests.
 Monitor program and operational budgets to ensure expenditures remain within approved allocations.
 Pursue and secure grants, sponsorships, and other funding opportunities to support the recreation and community service programs; coordinate community outreach and fundraising events.
 Review and prepare reports as well as operating and activity records of various recreation programs related to the area of assignment.
 Create marketing plans using print and social media; identify and maximize program revenue.
 Prepare reports and other written material; schedule meetings, events, and special activities.  Prepare and present agenda items for the Commissions and other City boards that the Community Services Recreation division maintains.
 Respond to complex complaints and requests for information.  Assist with ensuring divisional integration of program or facility procedures and policies.  Ensure all staff, contractors, and volunteers are in compliance with mandated safety rules.  Manage and monitor activities to help prevent injuries and accidents, ensuring operational compliance with health, safety, and licensing laws.
 Coordinate community programming with other City departments and divisions and with outside agencies.
 Build positive working relationships using principles of good customer service, fostering an environment that embraces diversity, integrity, trust, and respect.  Collaborate with Community Services Manager to seek funding opportunities that support programming.
 Manage and direct use and maintenance of facilities related to area of assignment; schedule the use of facilities; ensure order, security, and cleanliness of facility.  Select, supervise, train and evaluate subordinate staff and volunteers.  Make recommendations relating to division unit program or operations policies.  Perform related duties as assigned.
38 Community Services Supervisor

JOB-RELATED QUALIFICATIONS
Knowledge of:
 Modern methods, techniques, principles and procedures used in the development and administration of recreation and leisure service programs.  Common recreational and social needs of various age groups  Principles and practices of supervision, training and performance evaluations.  Pertinent local, state and federal laws, rules and regulations.  Recreational safety rules and emergency action plans.  Principles and procedures for implementing and directing a wide variety of recreation activities and the development of programs through community participation.  Public relations, social media and marketing to target diverse community groups  De-escalation techniques and customer service.
 First aid and health standards related to assigned programs.  Principles and practices of budget development and monitoring; principles and practices of safety and risk management.

Ability to:
 Develop and administer community-based programming suited to the needs of the community and related to area of assignment.
 Plan, organize, coordinate and direct the development and implementation of recreation programs related to the area of assignment.
 Establish and maintain effective working relationships with those contacted in the course of work.
 Interpret and explain department policies and procedures.  Ensure program compliance with applicable laws, rules and regulations.  Establish key contacts within the City and surrounding areas in order to provide a comprehensive and regional approach to program planning.  Provide emergency response applying First Aid and CPR.  Exercise discretion in confidential matters.
 Work a flexible schedule including weekends, evenings, and irregular hours as needed.  Maintain safe and clean facilities, including providing occasional custodial and light maintenance.
 Represent the department in meetings with governmental agencies and regulatory organizations.
 Use tact, initiative and independent judgment.
 Independently organize work, set priorities and meet critical deadlines.  Operate computer systems and software applications.
 Analyze, interpret, and explain division policies and procedures  Communicate clearly and concisely, both orally and in writing  Supervise, mentor, and evaluate all staff, including volunteers. Maintain a high level of professionalism at all times and use discretion when necessary.  Establish and maintain effective working relationships with the community, agencies, the media, and staff.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
39 Community Services Supervisor
Education: Possession of a bachelor's degree from an accredited college or university with major work in recreation, physical education, kinesiology, business or public administration, or a related field.

Experience: Three (3) years of progressively responsible program administration experience in community service and recreation activities, including at least one (1) year of supervisory experience.

Licenses and Certifications:
 Possession of, or ability to obtain, a valid California Driver’s License by the time of appointment and a satisfactory driving record.
 A valid CPR and First Aid certificate within six months of appointment and recertification every two years.

Specific vision abilities include close vision and the ability to adjust focus.

ENVIRONMENTAL CONDITIONS
Work is generally performed in an office environment, requiring the incumbent to be seated for prolonged periods of time, such as when attending meetings and when entering information into a computer. The employee must be able to complete specific administrative tasks while maintaining availability to the public for inquiries.
40 October 6, 2026
FLSA: Exempt

COMMUNITY SERVICES SUPERVISOR

DEFINITION
Under general direction, administers and coordinates a variety of complex recreation and community services programs, including parks and community centers, social and cultural programs, sports and fitness activities,, and services for youth, adults, and seniors. Develops, implements, promotes, and evaluates recreation programs, classes, and special events. Participates in program planning, budgeting, and operational analysis to ensure effective service delivery.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Community Services Manager. Directly supervises recreation personnel, contract service providers, and volunteers.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Develop and implement goals, objectives, policies, and priorities related to assigned program area while providing conformance to overall departmental goals and objectives. 41 Community Services Supervisor
 Plan, organize, coordinate, and direct the planning, development, and implementation of recreational and other community service programs.
 Meet with public groups, clubs, organizations, and agencies to explain and promote community service and recreational activities and programs related to the area of assignment.
 Identify opportunities to improve service delivery methods and resource needs. Survey community recreational resources and needs; assess and determine priorities and interest in community programs; and develop and recommend new community service programs.  Approve and direct implementation of specific activities, plans, and procedures prepared by full-time and part-time hourly staff or volunteers.
 Assist in the preparation and administration of the Department budget, including forecasting staffing, equipment, materials, and supply needs; monitor, approve, and track expenditures.
 Prepare detailed cost estimates and supporting documentation for programs, projects, events, and budget requests.
 Monitor program and operational budgets to ensure expenditures remain within approved allocations.
 Pursue and secure grants, sponsorships, and other funding opportunities to support the recreation and community service programs; coordinate community outreach and fundraising events.
 Review and prepare reports as well as operating and activity records of various recreation programs related to the area of assignment.
 Create marketing plans using print and social media; identify and maximize program revenue.
 Prepare reports and other written material; schedule meetings, events, and special activities.  Prepare and present agenda items for the Commissions and other City boards that the Community Services Recreation division maintains.
 Respond to complex complaints and requests for information.  Assist with ensuring divisional integration of program or facility procedures and policies.  Ensure all staff, contractors, and volunteers are in compliance with mandated safety rules.  Manage and monitor activities to help prevent injuries and accidents, ensuring operational compliance with health, safety, and licensing laws.
 Coordinate community programming with other City departments and divisions and with outside agencies.
 Build positive working relationships using principles of good customer service, fostering an environment that embraces diversity, integrity, trust, and respect.  Collaborate with Community Services Manager to seek funding opportunities that support programming.
 Manage and direct use and maintenance of facilities related to area of assignment; schedule the use of facilities; ensure order, security, and cleanliness of facility.  Select, supervise, train and evaluate subordinate staff and volunteers.  Make recommendations relating to division unit program or operations policies.  Perform related duties as assigned.
42 Community Services Supervisor

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
43 Community Services Supervisor
Education: Possession of a bachelor's degree from an accredited college or university with major work in recreation, physical education, kinesiology, business or public administration,or a related field.

Experience: Three (3) years of progressively responsible program administration experience in community service and recreation activities, including at least one (1) year of supervisory experience.

PHYSICAL DEMANDS
Frequently walk, sit, talk and hear; use hands and fingers to feel or operate assigned equipment; reach with hands and arms. May be required to climb or balance, stoop, kneel, crouch, bend, twist or crawl. Repetitive hand movement and fine coordination are needed when using a computer keyboard. Required to drive a city or personal vehicle and to quickly respond to emergency situations. Ability to occasionally lift and/or move up to 25 pounds and to climb flights of stairs. Specific vision abilities include close vision and the ability to adjust focus.ENVIRONMENTAL CONDITIONS
Work is generally performed in an office environment, requiring the incumbent to be seated for prolonged periods of time, such as when attending meetings and when entering information into a computer. The employee must be able to complete specific administrative tasks while maintaining availability to the public for inquiries.
44 October 2026
FLSA: Non-Exempt
RECREATION PROGRAM COORDINATOR (1 YEAR LTD)

DEFINITION
Under general supervision, plans, organizes, coordinates, and provides direction and oversight for one or more recreation programs and/or facilities; implements programs which may include: youth programs, youth and adult sports, summer programs, special interest classes, and community events; monitors facilities for maintenance and safety concerns; provides administrative support and program assistance to management in area of expertise; fosters cooperative working relationships with various public and private groups; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory or management staff. Exercises technical and functional direction over part time staff or contractors. Exercises no direct supervision over staff.

CLASS CHARACTERISTICS
Incumbents are responsible for inspecting, planning, scheduling, and directing the operations, reservations, and services of recreation facilities to ensure that facilities are safe and effective for various events and to provide the highest level of customer satisfaction for public use. Performs the full range of routine to complex program coordination, administrative, and/or day-to-day operational responsibilities. This class is distinguished from the Recreation Services Supervisor in that the latter is the full supervisory-level class and has overall program, budgetary, and administrative responsibility for multiple recreation activities and facilities or a comprehensive recreational program.

Page 2 of 4 ends

 Works with community groups and residents in the development and coordination of recreation programs or services; oversees and coordinates scheduling of activities, games, and events.  Develops requests for proposal (RFP), memoranda of understanding (MOU), license agreements, and professional services agreements (PSA) between the City, vendors, and non-profit organizations related to a variety of parks and recreation programs, services, activities, and facilities; ensures proper public noticing consistent with City ordinance and regulatory requirements; routes agreements through appropriate internal City and department processes.
 Monitors contract agreements with service providers; recruits, hires, trains, and supervises contract employees.
 Coordinates the application and permitting processes for use of City facilities by outside organizations and the general public, and for special events; reviews applications and tentative use permits, and includes permitting conditions when necessary; reviews requirements with applicants to ensure compliance with permit conditions.
 Estimates costs of supplies and materials; orders supplies and materials for projects and activities; maintains records of purchase orders; assists in developing budget figures for specified areas; monitors expenditures and revenues.
 Researches available grants and makes recommendations to department management; drafts narrative for grant applications and ensures that required supporting documentation is included; coordinates these efforts with other divisions and City departments as necessary.  Plans, staffs, supervises, and implements assigned special events.  Acts as a representative to patrons and residents regarding questions, problems, concerns, and activities in the provision of recreation program operations, activities, and services.  Participates in ensuring compliance with relevant health, safety, permitting, and licensing laws and guidelines; maintains and updates all records required by Federal, State, and local regulatory agencies including ensuring compliance for insurance and liability coverage.  Travels to assigned program sites to monitor program activities.  Monitors the proper and safe use of program facilities by the general public; patrols recreational facilities to ensure adherence to rules and ordinances; interprets and applies policies, procedures, laws, codes, and regulations; assists in education about the enforcement of rules and regulations.  Creates marketing materials for recreational programs, including developing and preparing brochures, flyers, newsletters, and other materials; maintains and updates informational kiosks and websites as needed.
 Maintains accurate records of services and activities, including recreation schedules, program participation and analysis, revenues, expenditures, grants, contract programs, accidents, and vandalism.  Performs other duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles of providing functional direction and training.  Principles, practices, and service delivery needs related to the program area(s) to which assigned.  Procedures for planning, implementing, and maintaining a variety of recreation and leisure activities and programs.
 Principles and practices of recreation program development, implementation, review, and evaluation.  Recreational, cultural, age-specific, and social needs of the community.  Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to the program area(s) and facilities to which assigned.
46 Recreation Program Coordinator

Page 3 of 4 ends

 Principles and practices of program administration, including budgeting, purchasing, and basic supervision.
 Recreation site management and oversight.
 Safety principles and practices, including basic first aid and adult and/or child cardiopulmonary resuscitation (CPR) methods.
 Applicable safety precautions and procedures related to the program area(s) and facilities to which assigned.
 Principles and practices of basic public relations techniques.  Principles and procedures of record-keeping, cash handling, and report preparation.  Business arithmetic and statistical techniques.
 Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
 Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.

Ability to:
 Plan, oversee, coordinate, review, and evaluate recreation program operations and activities, as well as staff, contractors, and volunteers.
 Plan and prepare recreation activity schedules, staffing schedules, reports, and other related program materials.
 Understand the organization and operation of recreation programs and facilities necessary to assume assigned responsibilities.
 Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards.
 Handle medical emergencies and injuries in a calm and effective manner, including providing basic first aid and adult and/or child cardiopulmonary resuscitation (CPR).  Recommend and administer program and project budgets after approval.  Make accurate business arithmetic and statistical computations; accurately process cash transactions.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
 Effectively represent the department and the City in meetings with individuals; governmental agencies; community groups; various business, professional, and regulatory organizations.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
 Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
47 Recreation Program Coordinator

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Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to an associate degree in recreation or a related field and two (2) years of experience in recreation leadership and programs including at least six (6) months of lead or supervisory experience.

Licenses and Certifications:
 Possession of, or the ability to obtain, a valid Class C California driver’s license upon appointment.  Possession of, or ability to obtain, CPR and First Aid certifications.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office and/or recreation facility setting and use standard office equipment, including a computer, and to operate a motor vehicle to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Standing in and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification frequently bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file information.

Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds with the use of proper equipment.

ENVIRONMENTAL CONDITIONS
Employees predominately work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Incumbents partially work in the field and may be exposed to blood and body fluids rendering First Aid and CPR and are required to wear appropriate attire for the recreation activity to which they are assigned. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

WORKING CONDITIONS
Must be willing to work weekend and evening hours.
48 49
Assumption / Parameter Value Unit Confidence
Annual working hours (standard) 2080 hrs/yr ✅ Standard
EPA recruit base rate — current 30 $/hr ✅ Confirmed
EPA recruit base rate — recommended 44.61 $/hr ✅ HR proposed EPA recruit annual salary — current 62400 $/yr ✅ Calculated EPA recruit annual salary — recommended 92789 $/yr ✅ Calculated Social Security — employer share
[EXCLUDED from benchmarking — same for
all agencies]

0.062 % of wages ✅ Statutory
Medicare — employer share [EXCLUDED —
statutory, uniform] 0.0145 % of wages ✅ Statutory
FUTA [EXCLUDED — statutory, uniform] 0.006 % of wages ✅ Typical California SUI [EXCLUDED — approximately
uniform across CA public agencies] 0.034 % of wages ⚠ Avg CA SDI — employer share (2024+) 0 % of wages ✅ 2024 law EPA recruit CalPERS tier during academy PEPRA Misc 2%@62 formula ✅ Confirmed Typical CalPERS PEPRA Misc employer rate
(normal cost only) 0.0787 % of payroll ✅ CalPERS
EPA sworn safety CalPERS — employer
normal cost (Classic) 0.2 % of payroll ⚠ Est
FULLY-LOADED COMPENSATION ANALYSIS — ASSUMPTIONS
East Palo Alto PD Police Recruit | Academy Phase Only | FY 2024-25 SECTION A — ANNUAL HOURS & SALARY BASIS
SECTION B — EMPLOYER PAYROLL TAXES (excluded from benchmarking — uniform across all agencies) SECTION C — CALPERS: KEY ANALYTIC DISTINCTION FOR RECRUIT PHASE 50 Peer agency sworn safety CalPERS —
employer rate range 18% – 30% % of payroll ✅ Published
Daly City recruit — NO CalPERS None N/A ✅ Confirmed
Kaiser HMO monthly premium — employee
only (2024) 908.16 $/mo ⚠ Est
EPA employer health contribution — recruit
phase 0 % paid ✅ Confirmed
Peer agencies with full health during recruit
phase Yes — most note ⚠ Varies
Employer health cost — sworn officer full
benefit 10897.92 $/yr employer ⚠ Est
Workers Compensation — police/safety rate 0.1 % of wages ⚠ Est Employer life insurance cost — annual 180 $/yr ⚠ Est
Employer LTD cost — annual 360 $/yr ⚠ Est
Uniform/equipment allowance — employer
cost 1200 $/yr ⚠ Est
CalPERS value to recruit — PEPRA Misc rate 0.08 % of wages ⚠ Est CalPERS value to recruit — sworn safety
Classic 0.17 % of wages ⚠ Est
SECTION F — WHAT RECRUIT RECEIVES (value perspective)
CONFIDENCE KEY: ✅ Confirmed from official source | ⚠ Estimated / survey-only | ❌ Not available SECTION D — HEALTH INSURANCE (Employer cost for recruit phase) SECTION E — OTHER EMPLOYER BENEFITS (annual, per employee) 51 Source / Notes
US standard: 52 weeks × 40 hrs/wk
City of East Palo Alto Police Recruit brochure 2024; CalOpps listing EPA HR recommendation: 10% below sworn Step A ($49.57/hr); Side Letter context
30 x 2,080 hrs (standard annual hours)

44.61 x 2,080 hrs (HR recommended rate x standard hours) IRS: OASDI employer rate. Applies to wages up to $168,600 (2024 wage base). All police recruits in sample earn below this threshold.

IRS: HI employer rate. Flat rate, no wage cap.

Standard net FUTA rate after 5.4% SUTA credit. Capped at $7,000 in wages.

CA base SUI rate for new/small employers ~3.4%. Varies by agency experience; used as conservative uniform assumption across agencies.

CA SB 951 effective Jan 1, 2024: no employer SDI contribution. Employee pays full SDI (1.1% uncapped).

CalOpps EPA Police Recruit listing confirms: recruits enrolled as PEPRA Miscellaneous (2%@62) during academy. Sworn safety CalPERS (2.5%@55 Classic / 2%@62 PEPRA Safety) activates upon swearing-in.

This is a critical finding: EPA's employer CalPERS cost for recruits is LOWER than for sworn officers.

CalPERS FY2024-25 Public Agency list: PEPRA Miscellaneous normal cost = 7.87% for most agencies. Used for EPA recruit phase. Note: full employer rate = normal cost + UAL; UAL portion varies by agency and is not applicable to PEPRA new hires at same magnitude as classic tier.

Estimated based on Bay Area safety agency range 18-28%. EPA's exact rate requires CPRA/budget request. Used for sworn officer comparison only, not recruit analysis.
uniform across all agencies)
52 Observed range from city budgets: South SF ~24%, Oakland ~26%, Palo Alto safety ~32% at peak (FY2025 budget). Varies significantly by agency funded status.

Daly City recruits are temporary employees. Benefits: Workers' Comp + Unemployment Ins + Medicare only. No CalPERS enrollment. Confirmed via CalOpps listing.

CalPERS health rates FY2024: Kaiser NorCal Region 4 (Bay Area) employee-only ~$908/mo. Exact rate varies by plan region and employer contract. Used as uniform baseline.

EPA recruits are non-sworn. Per Benefits PDF and CalOpps: health benefits during academy are limited (non-sworn civilian package). EPA does NOT pay full sworn officer health premium during recruit phase.

Employer contribution treated as $0 for recruit phase; full benefits activate at swearing-in.

Most agencies (SM Co. Sheriffs, South SF, Oakland, Palo Alto) cover sworn recruits with full medical from day 1. Some agencies (Daly City — temp, Foster City — noted no benefits) do not. See agency-level notes in main sheet.

Annualized Kaiser NorCal employee-only premium. Agencies paying 100% employee health = ~$10,898/yr employer cost. Some agencies pay dependent coverage additional.

CA police WC rates: 8-15% of wages for sworn officers. Used 10% as midrange estimate. Varies significantly by agency claim history and pooling arrangement (PARSAC, PRISM, CAJPIA, etc.).

Typical for $25,000 group term life policy. EPA Benefits PDF confirms citypaid life insurance.

Typical for 60% income replacement LTD policy. EPA Benefits PDF confirms city-paid LTD.

Typical for sworn officers in training. Varies by agency. Not confirmed individually per agency.

Actuarial value of PEPRA 2%@62 benefit to a typical new hire ~8% of salary (CalPERS normal cost = combined EE+ER cost; employee value portion). Conservative estimate.

Actuarial value of Classic 2.5%@55 or 3%@55 safety benefit ~17-22% of salary. Used 17% as conservative floor. Agency cost is higher due to UAL. 53 AGENCY GRP BASE
HOURLY
BASE
ANNUAL
Agency Grp Hourly
$/hr
Annual
$/yr
CalPERS
Employer
$/yr
Health Ins
(Employer)
$/yr
East Palo Alto PD — CURRENT
($30.00) ★ EPA $30.00 $62,400 $4,911 $0
East Palo Alto PD —
RECOMMENDED ($44.61) ★ EPA $44.61 $92,789 $7,302 $0
Palo Alto PD SC Co. $59.76 $124,301 $34,804 $10,898
San Mateo County Sheriffs SM Co. $57.38 $119,350 $29,838 $10,898 Daly City PD ⚠ OUTLIER SM Co. $55.27 $114,962 $0 $0
SFPD SF $53.89 $112,091 $24,660 $10,898
South SF PD SM Co. $52.53 $109,262 $26,223 $10,898
Foster City PD SM Co. $49.96 $103,917 $22,862 $0
Burlingame PD SM Co. $49.51 $102,981 $22,656 $10,898
SF County Sheriffs SF $44.70 $92,976 $20,455 $10,898
Oakland PD ALA $42.02 $87,402 $22,724 $10,898
Fremont PD ALA $41.00 $85,280 $18,762 $10,898
── EMPLOYER COST (excl. payroll taxes) ──────────────
FULLY-LOADED COMPENSATION — POLICE RECRUIT (ACADEMY PHASE) | FY 2024-25 Employer Cost = Base salary + CalPERS (employer) + Health insurance (employer) + Workers Comp / Life / LTD | Payroll taxes EXCLUDED — uniform across Blue = confirmed hardcoded input | Black = formula | See Assumptions sheet for all sources and confidence levels 54 Hayward PD ALA $38.78 $80,662 $17,746 $10,898
Belmont PD SM Co. $38.20 $79,456 $17,480 $10,898
• CalPERS rates for non-EPA agencies are estimates based on available budget documents and CA safety plan ranges. Exact rates require CPRA requests to eac • Health insurance baseline: Kaiser NorCal Bay Area FY2024 employee-only premium ~$908/mo ($10,898/yr). Agencies marked with $0 health are confirmed or no • Daly City excluded from all peer averages as a structural outlier (temporary employee, no CalPERS, no health).

EPA — Current ($30.00/hr)
EPA — Recommended ($44.61/hr)
Gap: Peer avg vs. EPA current (EPA is below by)
Gap: Peer avg vs. EPA recommended (remaining gap)
METHODOLOGY:
• Employer Cost = Base salary + CalPERS/pension employer contribution + Health insurance (employer-paid premium) + Workers Comp (~10% wages) + Life insu Metric
Peer average (excl. EPA, excl. Daly City outlier)
• Payroll taxes (FICA, FUTA, SUI) are EXCLUDED. They are uniform statutory rates across all agencies and do not reflect compensation competitiveness. • Recruit-Received Value = Base salary + Actuarial value of pension benefit to recruit + Employer-paid health premium value. • EPA CalPERS: Recruits enrolled in PEPRA Miscellaneous (~7.87% employer rate) during academy, NOT sworn safety plan. This lowers EPA's employer cost bu

SUMMARY STATISTICS
55 WC + Life
+ LTD
$/yr

TOTAL ER
Cost $/yr

TOTAL ER
Cost $/hr
Base
Salary
$/yr
CalPERS
Value to
Recruit $/yr
Health
Value to
Recruit $/yr
$6,780 $74,091 $35.62 $62,400 $4,992 $0
$9,819 $109,910 $52.84 $92,789 $7,423 $0
$12,970 $182,973 $87.97 $124,301 $21,131 $10,898
$12,475 $172,561 $82.96 $119,350 $20,290 $10,898
$12,036 $126,998 $61.06 $114,962 $0 $0
$11,749 $159,398 $76.63 $112,091 $19,056 $10,898
$11,466 $157,849 $75.89 $109,262 $18,575 $10,898
$10,932 $137,710 $66.21 $103,917 $17,666 $0
$10,838 $147,373 $70.85 $102,981 $17,507 $10,898
$9,838 $134,167 $64.50 $92,976 $15,806 $10,898
$9,280 $130,304 $62.65 $87,402 $14,858 $10,898
$9,068 $124,008 $59.62 $85,280 $14,498 $10,898
PLOYER COST (excl. payroll taxes) ──────────────────
DEMY PHASE) | FY 2024-25
Comp / Life / LTD | Payroll taxes EXCLUDED — uniform across all agencies, not a benchmarking variable

NOTES / ASSUMPTIONS
56 $8,606 $117,912 $56.69 $80,662 $13,713 $10,898
$8,486 $116,320 $55.92 $79,456 $13,508 $10,898
Total ER Cost
$/yr ER Cost $/hr
$143,689 $69.08
$74,091 $35.62
$109,910 $52.84
$69,598 $33.46
$33,778 $16.24
d CA safety plan ranges. Exact rates require CPRA requests to each agency. o ($10,898/yr). Agencies marked with $0 health are confirmed or noted as providing no health coverage during recruit phase. mployer-paid premium) + Workers Comp (~10% wages) + Life insurance ($180/yr) + LTD ($360/yr). gencies and do not reflect compensation competitiveness. er-paid health premium value.
demy, NOT sworn safety plan. This lowers EPA's employer cost but also lowers recruit's pension value vs. peers enrolled in safety plans (18-30% employer rate, 2.5%@55 Classic benefit) 57 TOTAL
Recruit
Value $/yr
vs. EPA
Recruit
Value $
Notes
$67,392—
$100,212 $32,820
$156,330 $88,938
$150,538 $83,146
$114,962 $47,570
$142,045 $74,653
$138,735 $71,343
$121,583 $54,191
$131,386 $63,994
$119,680 $52,288
$113,158 $45,766
$110,676 $43,284
Confirmed rate (Bandana Resources, Feb
2025). CalPERS Safety employer est.
26% (Oakland published pension costs).

Full benefits day 1.
~$41/hr estimated from Fremont MOU
2022-2025. CalPERS est. 22%. Full
sworn benefits assumed. Confidence
MEDIUM.

Uses SFERS (SF Employees Retirement
System), not CalPERS. Employer SFERS
safety rate ~22%. 32-week paid academy.

Full benefits from day 1. Health via
SFHSS.

Named in EPA internal communications
as actively poaching EPA recruits. Sworn
safety from day 1. Rate from internal EPA
survey. CalPERS est. 24%.

Internal EPA survey. Survey noted 'No
benefits.' CalPERS status uncertain —
using estimated 22% employer rate but
health = $0 per survey note. Confidence
LOW on benefits.

Internal EPA survey. Benefits status
unclear. Assumed standard sworn safety
package. Confidence LOW.

Internal EPA survey. SFERS like SFPD.

Full benefits from day 1.

Same CalPERS/benefit structure as
current EPA. Only change is base rate to
$44.61 (10% below sworn Step A
$49.57). Employer CalPERS cost rises
proportionally with wage. Sworn safety from day 1. Confirmed rate $124,301/yr (official posting Aug 2025).

CalPERS Classic 3%@55. Employer rate
~28% (Palo Alto FY2025 budget safety
normal cost component). Health: 100%
Rate from internal EPA survey. Sworn
safety from day 1. CalPERS employer
rate est. 25% (SM County typical safety
plan). Full health benefits.
⚠ STRUCTURAL OUTLIER: Temporary
employee status. Benefits = Workers
Comp + Unemployment + Medicare
ONLY. NO CalPERS. NO health
insurance. High hourly masks very low

NOTES / ASSUMPTIONS
CRITICAL: EPA recruits enrolled
CalPERS PEPRA Miscellaneous
(2%@62) during academy — NOT sworn
safety plan. Employer CalPERS cost =
~7.87% (PEPRA Misc normal cost). No
58 $105,273 $37,881
$103,862 $36,470
Total Recruit
Value $/yr
$126,660
$67,392
$100,212
$59,268
$26,448
ers enrolled in safety plans (18-30% employer rate, 2.5%@55 Classic benefit).

Confirmed via CalOpps. CalPERS est.
22%. Full sworn benefits. NOTE: Also
offers $10,000 signing bonus (4
payments) — not reflected in hourly rate.

Internal EPA survey. Named in EPA
communications as actively poaching
recruits. CalPERS est. 22%. Full sworn
benefits assumed.
59 60
61 Metric Employer Cost
($/yr) Recruit Receives ($/yr)
Base annual salary $62,400 $62,400
CalPERS employer cost (PEPRA Misc 7.87% — NOT
sworn safety) $4,911
N/A — recruit receives
PEPRA Misc benefit,
~$4,992/yr value
Health insurance — employer contribution during
academy $0 $0
Payroll taxes (employer) $7,270 Not a recruit benefit
Workers Comp + Life/LTD (est.) $6,780 Not a direct cash benefit TOTAL EMPLOYER COST (est.) $81,360 ~$62,400 + benefits valued at ~$5,000
Base annual salary $92,789 $92,789
CalPERS employer cost (PEPRA Misc 7.87%) $7,302 ~$7,422/yr CalPERS value to recruit
TOTAL EMPLOYER COST (est.) $120,720 ~$92,789 + benefits valued at ~$7,400
SM County peer average employer cost (est.) ~$120,000–$135,000 ~$100,000–$115,000 value Full dataset peer average employer cost (est.) ~$110,000–$125,000 ~$90,000–$110,000 value Daly City employer cost (high hourly, no benefits) $140,391 ~$57,681 — recruit
receives ONLY salary (no
CalPERS, no health)
Daly City recruit RECEIVES in total compensation N/A $114,962 Despite highest SM Co. hourly rate, Daly City recruit
total value ≈ EPA current recruit total

1. On a FULLY-LOADED basis, EPA's employer cost per recruit is significantly lower than peers — not just because of lower pay, but because EPA recruits are en EXPENSIVE pension tier (PEPRA Misc, not sworn safety). EPA's total employer cost per recruit is estimated at ~$80,000–$90,000/yr vs. peer average of ~$110,00

2. From the RECRUIT'S PERSPECTIVE, the gap is equally stark. EPA recruits receive approximately $62,400–$67,000 in total compensation value (salary + mod no health). Peers receive $85,000–$130,000+ including sworn safety CalPERS and full health.

KEY FINDINGS — FULLY-LOADED COMPENSATION ANALYSIS
East Palo Alto PD Police Recruit | Academy Phase | FY 2024-25 ── EPA CURRENT ($30.00/hr) ────────────────────────────────────────────── ── EPA RECOMMENDED ($44.61/hr) ──────────────────────────────────────────── ── PEER AVERAGE (excl. Daly City outlier) ───────────────────────────────── ── KEY INSIGHT: THE DALY CITY LESSON ───────────────────────────────────── CONCLUSION:
62 44.61 51.03384

51.02 44.3874

3. The $44.61/hr recommendation narrows but does not fully close either gap. It would raise EPA's total employer cost to ~$115,000–$120,000 and the recruit's rec — competitive with the lower-middle of the peer range.

4. THE DALY CITY LESSON: Despite paying the highest hourly rate among SM County CSM peers, Daly City provides recruits with essentially no benefits. A Daly COMPENSATION VALUE is similar to EPA's current level — illustrating that hourly rate alone is a misleading metric and validates the city manager's instinct to req analysis.
63 Notes

44.61009615
peers — not just because of lower pay, but because EPA recruits are enrolled in a LESS ecruit is estimated at ~$80,000–$90,000/yr vs. peer average of ~$110,000–$135,000/yr. proximately $62,400–$67,000 in total compensation value (salary + modest PEPRA pension value, ────────────────
───────────────────
────────────────
64 e EPA's total employer cost to ~$115,000–$120,000 and the recruit's received value to ~$100,000 SM peers, Daly City provides recruits with essentially no benefits. A Daly City recruit's TOTAL one is a misleading metric and validates the city manager's instinct to request a fully-loaded 65 CONSENT ITEM 3.5

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 6, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Breast Cancer Awareness Month Proclamation
Recommendation
Present the Breast Cancer Awareness Month Proclamation
Attachments

1. Proclamation
66 PROCLAMATION OF THE CITY OF EAST PALO ALTO DECLARING OCTOBER 2026 AS BREAST CANCER AWARENESS MONTH
WHEREAS, Breast Cancer Awareness Month, observed each October, provides an opportunity to increase awareness of breast cancer, encourage early detection and screening, and recognize the individuals, families, healthcare professionals, researchers, and organizations working to prevent and treat this disease; and WHEREAS, breast cancer is one of the most commonly diagnosed cancers among women, and early detection through recommended screening and timely follow-up can improve treatment options and outcomes; and WHEREAS, breast cancer affects people of all backgrounds and communities, while disparities in access to screening, diagnosis, treatment, and supportive services can contribute to differences in health outcomes; and WHEREAS, increasing awareness and access to reliable health information can empower individuals to speak with their healthcare providers about breast health, understand their personal risk factors, and make informed decisions regarding screening and preventive care; and
WHEREAS, those affected by breast cancer, including survivors, individuals currently undergoing treatment, caregivers, families, and loved ones, deserve compassion, support, and access to quality healthcare and community resources; and
WHEREAS, the City of East Palo Alto recognizes the importance of education, prevention, early detection, research, and equitable access to healthcare services in the effort to reduce the impact of breast cancer on individuals and families; and
WHEREAS, Breast Cancer Awareness Month serves as a time to honor those whose lives have been affected by breast cancer, remember those who have lost their lives to the disease, and recognize the ongoing efforts to improve prevention, treatment, and survivorship.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of East Palo Alto hereby recognizes October 2026 as Breast Cancer Awareness Month in the City of East Palo Alto and encouragesresidents to learn about breast cancer, discuss breast health and screening with their healthcare providers, support those affected by breast cancer, and participate in efforts that promote awareness, prevention, early detection, and equitable access to care.

Date: October 6, 2026
Webster Lincoln, Mayor
67 CONSENT ITEM 3.6

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 6, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Proclamation for Native American Day
Recommendation
Present the Proclamation for Native American Day.

Attachments

1. Proclamation
68 PROCLAMATION OF THE CITY OF EAST PALO ALTO DECLARING SEPTEMBER 25, 2026 AS NATIVE AMERICAN DAY
WHEREAS, Native American Day is observed in California to recognize and honor the rich history, cultures, traditions, and contributions of Native American peoples; and WHEREAS, Native peoples have lived on and cared for the lands now known as California since time immemorial, maintaining deep cultural, spiritual, and familial connections to the land, waterways, and natural environment; and
WHEREAS, the lands that encompass the City of East Palo Alto and the surrounding San Francisco Bay Area are part of the ancestral homelands of Indigenous peoples, whose communities, traditions, and stewardship continue to shape the region; and
WHEREAS, Native American communities have made significant contributions to the cultural, social, economic, educational, environmental, and civic life of California and the United States; and WHEREAS, Native American Day provides an opportunity to recognize the resilience and strength of Native peoples, celebrate their diverse cultures and traditions, and acknowledge the importance of preserving Indigenous languages, histories, arts, and cultural practices for future generations; and WHEREAS, it is important to promote greater understanding and awareness of Native American history, including the experiences of Indigenous peoples throughout California and the enduring impacts of historical policies and actions on Native communities; and
WHEREAS, the City of East Palo Alto recognizes the importance of honoring Indigenous peoples and supporting efforts that promote respect, education, cultural preservation, and meaningful understanding of Native American communities and their contributions; and
WHEREAS, Native American Day encourages all residents to learn more about the histories and cultures of Native peoples and to recognize the continuing presence and contributions of Native American communities.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of East Palo Alto hereby recognizes September 25, 2026, as Native American Day in the City of East Palo Alto and encourages all residents to honor and celebrate the rich histories, cultures, traditions, resilience, and contributions of Native American peoples.

Date: October 6, 2026
Webster Lincoln, Mayor
69 CONSENT ITEM 3.7

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 6, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Proclamation for Age Up Day
Recommendation
Present the Age Up Day Proclamation
Attachments

1. Proclamation
70 PROCLAMATION OF THE CITY OF EAST PALO ALTO DECLARING OCTOBER 8, 2026 AS AGEUP DAY
WHEREAS, AgeUp has served older adults and people with disabilities living in long-term care facilities throughout San Mateo County, including the City of East Palo Alto, for 25 years; and WHEREAS, AgeUp's Long-Term Care Ombudsman Program is a mandated, free, and confidential service that advocates for residents' rights, investigates complaints of abuse and neglect, and resolves concerns on behalf of residents who cannot always advocate for themselves; and WHEREAS, in the past year alone, AgeUp held 281 events reaching 4,687 people through its Kindness Crew, Friendly Visitor, and community education programs and made 4,067 facility visits through its Ombudsman Program; and proclamation
WHEREAS, AgeUp's community programs — including Friendly Visitors, Phone Buddies, Kindness Crew, Camp AgeUp, and Advanced Healthcare Directive workshops — address social isolation and support older adults in staying active, informed, and connected; and
WHEREAS, AgeUp's 25 years of advocacy, protection, and resolution have given residents of long-term care facilities and their families a voice and a safeguard when they need one most; and WHEREAS, AgeUp Day provides an opportunity to recognize and celebrate AgeUp's longstanding commitment to protecting the dignity, rights, independence, and well-being of older adults and people with disabilities, while raising awareness of the vital services available to individuals and families throughout our community; and WHEREAS, the City of East Palo Alto is proud to recognize AgeUp's 25 years of dedicated service and encourages residents to join in celebrating the organization's contributions to creating a more connected, compassionate, and supportive community for older adults and people with disabilities; NOW, THEREFORE, I, Webster Lincoln, Mayor of the City of East Palo Alto, on behalf of the City Council, do hereby proclaim October 8, 2026, as "AGEUP DAY" in the City of East Palo Alto, and encourage all residents to recognize and celebrate AgeUp's 25 years of service to older adults and people with disabilities in our community.

Date: October 6, 2026
Webster Lincoln, Mayor
71 CONSENT ITEM 3.8

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 6, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Ana Maria Torres-Mondragon, Human Resource Manager
Nancy Murguia, Management Analyst II
SUBJECT: Award Agreements with Robert Half, Inc. and 22nd Century Technologies, Inc. for On-Call Administrative and Technical Staffing Support
Recommendation
Adopt a resolution:

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 3: Ensure Our Financial and Organizational Health 72 CONSENT ITEM 3.8
Executive Summary
The proposed on-call staffing agreements will provide the City with a flexible resource for addressing temporary vacancies, workload fluctuations, specialized staffing needs, and other short-term operational demands. Establishing agreements with two staffing firms will provide Background
On September 5, 2023, the City Council approved an award of $500,000.00 to a pool of agencies for On-Call Administrative and Technical Staffing Support. Through these various agreements, the City was able to supplement existing departmental staffing resources and address immediate and short-term staffing needs.

During the contract period, on-call staffing services were utilized to support various City operations, including Community and Economic Development, Public Works, Finance Department and other various administrative and technical placements. These temporary staffing resources provided departments with additional capacity during periods of vacancies, leaves of absence, increased workloads, and other operational needs.

The City continues to experience vacancies and fluctuating staffing needs across multiple departments. Extended vacancies can place additional workload on existing employees, particularly when staff must absorb the responsibilities of vacant positions in addition to their regular duties. This can affect operational capacity, response times, productivity, and the City’s ability to maintain consistent service levels or redeploy City staff to respond to an emergency while contract staff support regular operations.

Analysis
Based on the City’s continued need for temporary administrative and technical staffing support, staff recommend establishing new on-call agreements with Robert Half, Inc. and 22nd Century Technologies, Inc.

The proposed agreements would each have a not-to-exceed amount of two hundred thousand dollars ($200,000.00) for a term ending May 31, 2029. The proposed amount represents a maximum authorization rather than guaranteed expenditure. The combined not-to-exceed amount for both agreements is four hundred thousand dollars ($400,000.00). Departments would request staffing services based on actual operational needs, available appropriations, and applicable City procedures.

Maintaining agreements with two staffing firms will provide the City with greater flexibility and access to a broader pool of candidates. Depending on the position, required qualifications, availability of candidates, timing, and departmental needs, the City can utilize the firm that is best positioned to provide an appropriate temporary resource. 73 CONSENT ITEM 3.8
Benefits of On-Call Staffing Support:

Continuing on-call support staffing services provides several operational benefits:

1. Operational Continuity. Temporary staff can help maintain essential functions when regular employees are unavailable because of vacancies, leave, illness, vacation, or other unexpected circumstances. This allows departments to continue critical administrative and technical activities without significant interruption.

2. Workforce Flexibility. Staffing needs can fluctuate based on workload, special projects, grant requirements, seasonal activities, and other temporary circumstances. On-call staffing allows the City to scale staffing resources up or down as operational needs change.

3. Support During Extended Vacancies. When recruitment for a permanent position takes an extended period, temporary staffing can provide interim capacity while the City completes the recruitment and hiring process. This reduces the amount of time existing employees must absorb the responsibilities of a vacant position.

4. Specialized and Technical Expertise. Certain assignments may require specific administrative, technical, analytical, or professional skills. Staffing firms can assist the City in identifying candidates with experience and qualifications suited to a particular assignment.

5. Improved Productivity and Employee Capacity. Temporary staffing can help reduce the workload placed on existing employees during periods of understaffing. Providing additional capacity allows regular employees to remain focused on their core responsibilities and departmental priorities.

6. Cost and Resource Management. On-call staffing provides the City with interim capacity when the need is temporary or uncertain, while permanent positions are filled through the City’s recruitment and hiring process. The City incurs costs based on actual services requested rather than maintaining a permanent position solely to address a short-term staffing need.

7. Rapid Response. Establishing agreements in advance allows departments to access staffing resources more quickly when an immediate or unexpected need arises. This reduces the time required to identify and contract with a staffing provider for each individual assignment.

Cooperative Purchasing Agreement:

To efficiently procure these services, the City intends to utilize the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program, HGACBuy, through Contract TS06-25 – Temporary Staffing, Direct-Hire and Other Employer Services.

HGACBuy Contract TS06-25 was competitively procured by HGAC and is effective from June 74 CONSENT ITEM 3.8
1, 2025, through May 31, 2029. The contract provides access to temporary staffing, direct-hire, staff augmentation, and related employer services across a variety of disciplines and job functions.

Both Robert Half, Inc. and 22nd Century Technologies, Inc. are awarded suppliers under Contract TS06-25. Robert Half is listed under the contract for temporary and miscellaneous departmental staff augmentation, temp-to-hire, direct-hire, and executive search and placement services. 22nd Century Technologies is listed for temporary and miscellaneous departmental staff augmentation services.

Utilizing the HGACBuy cooperative contract allows the City to leverage an existing competitively procured contract rather than conduct a separate solicitation for temporary staffing services.

This approach provides an efficient means of obtaining qualified staffing resources while maintaining flexibility to address the City's varying administrative and technical staffing needs.

This procurement is a piggyback purchase under Section 2.84.040(L) of the East Palo Alto Municipal Code, which permits the City to use another agency’s solicitation results and enter into a separate contract with the vendor. Under Section 2.84.030(K), the purchase is contingent on each vendor agreeing to extend to the City the same price and terms as in HGACBuy Contract TS06-25, and the proposed resolution conditions the award on that basis.

The proposed City agreements will establish the City's contractual relationship with each awarded staffing firm and will be subject to the City's applicable contract, insurance, risk management, and budget requirements, including the City minimum wage requirements that Section 2.84.700 of the Municipal Code applies to all City-procured work. The City will only incur costs for services actually requested and provided under the agreements, up to the authorized not-to-exceed amount.

The City will initially enter into agreements with both vendors for services through May 31, 2029, consistent with the current term of the HGACBuy Contract TS06-25. The City anticipates amending the agreements to extend the term through June 30, 2031, contingent upon the extension, renewal, or availability of an applicable cooperative purchasing agreement that supports the continued provision of these services. Any such amendment will remain subject to applicable City procurement requirements, available funding, and approval by the City Council.

Fiscal Impact
Funding for these services utilized in FY2026-27 will be provided through existing departmental operating budget appropriations – in the current FY2026-27 operating budget. Funding for FY 2027–28 and subsequent fiscal years will be contingent upon available budget appropriations and approval through the City’s annual budget process.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto. 75 CONSENT ITEM 3.8
Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15378(b)(5), in that it is a government administrative activity that will not result in direct or indirect physical changes in the environment.

Attachments

1. Exhibit A: Resolution

2. Exhibit B: Executed Contract - Robert Half International, Inc. (TS06-25)

3. Exhibit C: Executed Contract-22 Century technology Inc (TS06-25) 76 Resolution No. XX-2026 1 of 2
RESOLUTION NO XX– 2026

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO AWARD, NEGOTIATE AND EXECUTE AGREEMENTS WITH ROBERT HALF, INC. AND 22ND CENTURY TECHNOLOGIES, INC. FOR ON-CALL

ADMINISTRATIVE AND TECHNICAL STAFFING SUPPORT, IN FORMS APPROVED BY THE

CITY ATTORNEY, EACH FOR A NOT-TO-EXCEED AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000), FOR A COMBINED NOT-TO-EXCEED AMOUNT OF FOUR HUNDRED THOUSAND DOLLARS ($400,000), AND FOR A TERM THROUGH MAY 31, 2029.

WHEREAS, the City has an ongoing need for temporary administrative and technical staffing support to address vacancies, workload fluctuations, specialized staffing needs, leaves of absence, and other short-term operational demands; and
WHEREAS, on September 5, 2023, the City Council approved an award of $500,000 to a pool of agencies for On-Call Administrative and Technical Staffing Support through which the City was able to supplement existing departmental staffing resources and address immediate and short-term staffing needs; and
WHEREAS, the City continues to experience vacancies and fluctuating staffing needs across multiple departments, and extended vacancies can place additional workload on existing employees and affect operational capacity, productivity, response times, and the City’s ability to maintain consistent service levels; and
WHEREAS, establishing agreements with multiple staffing firms will provide City departments with flexibility and access to broader pool of qualified temporary personnel based on departmental needs, required qualifications, candidate availability, and timing; and WHEREAS, the City intends to utilize the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program, HGACBuy, through contract TS06-25 Temporary Staffing, Direct-Hire and Other Employer Services, which was competitively procured by HGAC and is effective from June 1, 2025, through May 31, 2029; and
WHEREAS, Robert Half, Inc. and 22nd Century Technologies, Inc, are awarded suppliers under HGACBuy Contract TS06-25; and
WHEREAS, Section 2.84.040(L) of the East Palo Alto Municipal Code authorizes a piggyback purchase, whereby the City utilizes another agency’s solicitation results but enters into a separate contract with the vendor, and Section 2.84.030(K) makes such a purchase contingent on the vendor agreeing to extend to the City the same price and terms as in the successful competitive bid; and WHEREAS, the proposed agreements with Robert Half, Inc. and 22nd Century Technologies, Inc. will each have an not-to-exceed amount of $200,000, for a combined not-to-exceed amount of $400,000, each for an initial term through May 31, 2029; and WHEREAS, the City will only incur costs for services actually requested and provided under the agreements, subject to available appropriations and the applicable not-to-exceed amounts; and 77 Resolution No. XX-2026 2 of 2
WHEREAS, funding for the proposed services utilized in FY2026-27 will be provided through existing departmental operating budget appropriations in the current FY2026-27 operating budget; and WHEREAS, the action approved by this Resolution does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15378(b)(5), in that it is a government administrative activity that will not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds the foregoing recitals true and correct and incorporated by reference into this action.

2. Authorizes the City Manager to award, negotiate, and execute agreements with Robert Half, Inc. and 22nd Century Technologies, Inc. for On-Call Administrative and Technical Staffing Support, in forms approved by the City Attorney, for a not-to-exceed amount per vendor of Two Hundred Thousand Dollars ($200,000.00) and for a term through May 31, 2029, provided that each agreement extends to the City the pricing and terms of HGACBuy Contract TS06-25.

3. Finds that the action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15378(b)(5), in that it is a government administrative activity that will not result in direct or indirect physical changes in the environment.

PASSED AND ADOPTED this 6th day of October 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Webster Lincoln, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
78 H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Robert Half Inc. - Public Services - ID: 14183 - TS06-25

Page 1 of 13 ends

MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Robert Half Inc., dba Robert Half hereinafter referred to as the Contractor, having its principal place of business at P.O. Box 743295, Los Angeles, CA 90074.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of HGAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of CONTRACTOR are Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 79

Page 2 of 13 ends

subject to the exclusive control over the employment relationship and human resource supervision by CONTRACTOR. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/primesubcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 80

Page 3 of 13 ends

subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Jun 01 2025 and ends May 31 2029. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 81

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agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.

Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. HGAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.

Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved.

If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service.

H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 82

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that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.

C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion.

If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.

D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing.

Price Increase
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 83

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period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.

For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document.

The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid.

The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, [email protected].

Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Unless otherwise addressed, the following requirements shall apply:
a. Title to goods, and responsibility and liability for loss and/or damage in shipping pass to End User at the delivery destination after receipt and acceptance have taken place. Cost of shipping/delivery shall be paid by End User unless otherwise agreed to by Contractor. If Contractor will be paying for shipping/delivery, shipping terms must be "F.O.B. Destination, Freight Prepaid". If End User will be paying for shipping/delivery, shipping terms must be “F.O.B. Destination – Freight Collect”. b. The details for the application and calculation of shipping and delivery charges must be stated in the Response on Form E. Any freight, shipping or delivery charged to End User will be prepaid and added to the invoice, and will be clearly shown an any Contract Pricing Worksheet or other quote presented to the End User.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
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There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.

Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.

Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.

H-GAC will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 85

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period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.

ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.

A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member.

The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.

Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 86

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Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.

ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
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The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.

The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.

ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.

ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.

ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.

ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 88

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maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.

These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.

For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.

ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

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ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.

ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.

ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.

ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.

ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406.

Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 90

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agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.

ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.

SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:

Robert Half Inc. , dba Robert Half
Signature $docusign:SignHere::Customer1
Name Meghan Reilly

Title Vice President - Contract Finance &
Accounting
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 5/30/2025 6/17/2025
91 H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Robert Half Inc. - Public Services - ID: 14183

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MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.

Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement.

H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration.

Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
If CONTRACTOR, at any time during this Contract, routinely enters into agreements with other governmental customers within the State of Texas and offers the same or substantially the same products/services offered to H-GAC on a basis that routinely provides pricing more favorable than those provided to H-GAC hereunder, CONTRACTOR shall notify H-GAC within ten (10) business days. This Contract between H-GAC and CONTRACTOR shall be automatically amended, effective the date of notification.

The Parties accept the following definition of routine: A prescribed, detailed course of action to be followed regularly; a standard procedure. The Parties accept the following definition of agreement: A contractual document that applies to more than one staffing assignment and contains defined pricing rates.” If CONTRACTOR claims that a more favorable price, warranty, benefit, or term that was charged or offered to another governmental entity in the State of Texas during the term of this Agreement, does not constitute more favorable treatment, than CONTRACTOR shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons CONTRACTOR believes the aforesaid offer is not in fact most favored treatment. HGAC, after due consideration of CONTRACTOR’s written explanation, may decline to accept such explanation Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 92

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and thereupon this Agreement between H-GAC and CONTRACTOR shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.

ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement. Employees of CONTRACTOR are subject to the exclusive control over the employment relationship and human resource supervision by CONTRACTOR. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC.

In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:

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a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order.

ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge.

ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.

ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:

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a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery.

Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.

ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.

ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.

ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. CUSTOMER/END USER Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER.

ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

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1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 96

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CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R.

Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

ARTICLE 22: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance.

ARTICLE 23: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.

ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT
CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 97

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Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.

ARTICLE 26: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.

ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract.

ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 98

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with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

Docusign Envelope ID: 50E5BC2C-AE5C-4193-B9C8-21AAF617C8C1 99 Supplier Product Description HGACBuy
Discount
Robert Half
Temporary and
Miscellaneous
Departmental Staff
Augmentation
Services
Robert Half TS06-25 Response Price List Form 10%
Robert Half Temp-to-Hire
Services Robert Half TS06-25 Response Price List Form List Robert Half Direct Hire Services Robert Half TS06-25 Response Price List Form List Robert Half
Executive Search
and Placement
Services
Robert Half TS06-25 Response Price List Form List
Attachment A
Robert Half Inc. dba Robert Half
Temporary Staffing, Direct-Hire, and Other Employer Services Contract No.: TS06-25
Pricing Effective: June 2025
1 100

FIRST AMENDMENT TO THE MASTER AGREEMENT
This First Amendment to the Master Agreement (this “First Amendment”) is effective on June 1, 2025 (the “Effective Date”) and is between the Houston-Galveston Area Council (“H-GAC”) and Robert Half Inc. (“Contractor”).

RECITALS
WHEREAS, H-GAC and Contractor entered into an agreement effective June 1, 2025 referred to as the HGAC Contract TS06-25 for Temporary Staffing, Direct Hire and Other Employer Services (the “Master Agreement”); and
WHEREAS, the parties hereto desire to amend the Master Agreement to clarify the scope of the Most Favored Customer Clause, as more fully set forth below.

AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto intending to be legally bound hereby agree as follows:

1. The following is added to Article 3 “Most Favored Customer Clause” in the Master Special Provisions of the Master Agreement:
“Notwithstanding anything to the contrary, this article only applies if and where CONTRACTOR provides a more favorable price to a Texas “governmental entity”, as that term is defined in Texas Government Code § 2252.201, subsection 1, under a Cooperative Purchasing Agreement other than the Master Agreement. (As used herein, the term “Cooperative Purchasing Agreement” means a master agreement executed with a Texas governmental entity that allows other eligible public entities to obtain services from CONTRACTOR without conducting their own separate competitive bidding process.)”
Any capitalized terms used but not defined herein shall have the same meaning as provided in the Master Agreement. Except as otherwise agreed to in this First Amendment, all other terms and conditions of the Master Agreement shall remain in full force and effect. In the event of a conflict between this First Amendment and the Master Agreement, the terms of this First Amendment shall control. Any further modifications to the Master Agreement must be in writing signed by the parties hereto.

IN WITNESS HEREOF, the parties hereto have executed this First Amendment on the dates indicated below.

H-GAC ROBERT HALF INC.

By: By:

Name: Name:

Title: Title:

Date: Date:

Charles Wemple
Executive Director
11-Mar-2026
Shannon Russell
Vice President, Public Sector
06-Mar-2026
101
Signatures
Job Title: Executive Director
Company: Houston-Galveston Area Council
Job Title: Vice President, Public Sector
Company: Robert Half, Inc.
eSign Audit Trail
File name: HGAC_1st_Amend_01.26.26.pdf
Document ID: 78d22364-c3ac-43fc-9d6e-cbd4aa828a76
Status: Completed
Document History
Signed by
Charles Wemple
11-Mar-2026
20:44.15 UTC
Location: Houston, TX 77007, United States

75.6.5.195
Viewed by
Charles Wemple
11-Mar-2026
20:44.11 UTC
Location: Houston, TX 77007, United States

75.6.5.195
Signed by
Shannon Russell
06-Mar-2026
17:50.56 UTC
Location: Beachwood, OH 44122, United States
174.100.173.198
Viewed by
Shannon Russell
06-Mar-2026
17:50.26 UTC
Location: Beachwood, OH 44122, United States
174.100.173.198
Viewed by
Shannon Russell
06-Mar-2026
17:50.25 UTC
Location: Des Moines, IA 50307, United States
104.47.56.126
Viewed by
Shannon Russell
06-Mar-2026
17:32.27 UTC
Location: San Jose, CA 95141, United States

72.153.153.42
Viewed by
Shannon Russell
06-Mar-2026
17:31.43 UTC
Location: Alameda, CA 94501, United States

4.14.107.18
Viewed by
Shannon Russell
06-Mar-2026
17:31.43 UTC
Location: Des Moines, IA 50307, United States
104.47.56.126
Viewed by
Shannon Russell
06-Mar-2026
15:45.57 UTC
Location: San Jose, CA 95141, United States

72.153.153.18
Viewed by
Shannon Russell
06-Mar-2026
15:45.46 UTC
Location: Daly City, CA 94015, United States

76.14.120.237
Viewed by
Shannon Russell
06-Mar-2026
15:45.46 UTC
Location: San Antonio, TX 78288, United States
104.47.57.126
Started by
Beatrice Bell ([email protected])
05-Mar-2026
22:58.10 UTC
Location: Houston, TX 77088, United States

98.44.58.184
Signed by Charles Wemple on 11-Mar-2026 Signed by Shannon Russell on 06-Mar-2026 102
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - 22nd Century Technologies, Inc. - Public Services - ID: 14181

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Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC, as follows. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid Docusign Envelope ID: 5007539E-225F-4A46-804C-C7A65CB8B96D 103

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offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to academic institutions, or the Federal Government and its agencies.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:

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Docusign Envelope ID: 5007539E-225F-4A46-804C-C7A65CB8B96D 105

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ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

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CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

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ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

Docusign Envelope ID: 5007539E-225F-4A46-804C-C7A65CB8B96D 110
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - 22nd Century Technologies, Inc. - Public Services - ID: 14181 - TS06-25

Page 1 of 13 ends

MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and 22nd Century Technologies, Inc., hereinafter referred to as the Contractor, having its principal place of business at 8251 Greensboro Drive, Suite 900, McLean, VA 22102.

WITNESSETH:

ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of HGAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are Docusign Envelope ID: 5007539E-225F-4A46-804C-C7A65CB8B96D 111

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subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was Docusign Envelope ID: 5007539E-225F-4A46-804C-C7A65CB8B96D 112

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considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

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agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.

Exemption certificates will be provided upon request.

H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

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period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
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East Palo Alto City CouncilOctober 6, 2026

East Palo Alto City Council
October 6, 2026