Although this letter reflects my personal position and is not an official action or policy of the City of Temecula or the Temecula City Council, I respectfully endorse the City of Murrieta's submission of this resolution and encourage its favorable consideration by the League of California Cities General Assembly.
Thank you for your leadership and your thoughtful consideration of this important issue.
Respectfully,
Jessica Alexander
Mayor, City of Temecula
Signing in her individual capacity
and not on behalf of the City of Temecula
or the Temecula City Council.
22 Agenda Packet Page 274 of 361
2026 Resolution Packet
Resolution No. 1: Staff Analysis
23 Agenda Packet Page 275 of 361
League of California Cities Staff Analysis on Resolution No. 1 Staff: Brady Guertin, Legislative Advocate
Committee: Housing, Community, and Economic Development Summary:
Resolution No.1 states that the League of California Cities (Cal Cities) will:
1. Support the development and advancement of a state constitutional amendment or legislative, policy, or ballot-based strategy that restores and strengthens local authority over housing and land use matters, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications.
Pursuant to the resolution, the strategy should preserve the state’s authority to set broad, statewide housing goals and enforce civil rights, fair housing, building safety, and environmental standards while protecting local control by preventing the state from compelling the approval of developments that conflict with local requirements, override local zoning or density standards, or overturn local land use decisions where a city has planned for and maintained sufficient capacity to meet its housing obligations.
2. Consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters.
The resolution states: “conducting legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for the November 2030 General Election, or within another reasonable time period.” Background:
As provided in the background information, the city of Murrieta is sponsoring this resolution in response to concerns over state laws that have increasingly reduced city discretion over housing and land use decisions, including legislation that requires ministerial or by-right approvals for housing projects, limits the application of local development standards, and strengthens state enforcement mechanisms against local governments.
Additionally, the city of Murrieta, in its background information, maintains that these legislative efforts have not resulted in sufficient housing production to address California's housing shortage and have not adequately accounted for 24 Agenda Packet Page 276 of 361
local infrastructure, public service needs, public safety, market, and fiscal considerations.
The resolution states that California’s housing goals are better advanced through state funding, streamlined environmental requirements, and voluntary partnerships, while preserving local authority over how and where housing is best planned and approved.
Consideration of the resolution may be informed by a brief examination of how the California Constitution allocates authority between the state and cities with respect to land use decisions.
The constitution grants cities the power to adopt local laws to protect the public’s health, safety, and welfare. This grant is called the “police power,” which is the basis for local land use regulation. The constitution grants charter cities the additional power to adopt local laws affecting “municipal affairs.” This power, commonly referred to as “home rule,” is based on the principle that a city, rather than the state, is in the best position to identify and satisfy the needs of the local community.
The constitution’s broad grant of police power contains a significant limitation.
Local law adopted under the police power is not valid if it “conflicts” with state law. A local law “conflicts” with state law when it regulates the same “field” in which the Legislature has stated its intent to occupy. In that case, state law is said to “preempt” the local law and it cannot be enforced.
An ordinance adopted by a charter city under the municipal affairs power cannot be enforced if it affects a “matter of statewide concern.” The subjects that have been identified as “matters of statewide concern” have changed over the years due to economic, social, and political circumstances.
Since the 1960s, the state has enacted numerous laws that limit or preempt aspects of local land use and zoning authority. These laws include the Fair Employment and Housing Act, Housing Element Law, Housing Accountability Act, Density Bonus Law, Permit Streamlining Act, accessory dwelling unit laws, California Environmental Quality Act, and others. In recent years, the state has enacted several laws that Cal Cities was the leading opposition force against, as many of the proposals pre-empted local land use authority, limited public review, and constrained local flexibility. In support of its housing and land use legislation, the Legislature has cited a statewide housing crisis and the need for increased housing production at all income levels while asserting that a uniform approach to local land use decision-making is required. 25 Agenda Packet Page 277 of 361
Discussion:
The resolution does not prescribe a specific policy mechanism. The eight letters in support recommend creating a working group or committee to evaluate potential approaches, including legislative proposals, constitutional amendments, or ballot initiatives to strengthen local authority over housing and land use matters.
A discussion of a strategy to restore and strengthen local authority over housing and land use matters will need to consider the California Constitution’s framework for both preemption of police power enactments and municipal affairs, discussed above. It will also need to determine whether changes to the California Constitution will be proposed, and whether they constitute an amendment or a revision, which require different processes.
A constitutional revision is a multistep process blending legislative consensus, voter support, and on occasion, a constitutional convention. It requires significant public engagement.
A constitutional amendment would require a ballot initiative, which includes gathering enough valid signatures to qualify for the ballot, building large coalitions to support election efforts, and campaigning to voters to support the initiative. This process can involve significant costs. In the last major election for ballot initiatives in 2024, proponents spent $8-$18 million to qualify for the ballot and spent nearly $700 million for the full election cycle, averaging out to about $100 million per ballot initiative.
Cal Cities has been engaged in ballot advocacy for over 20 years. In the early 2000s, Cal Cities developed a ballot advocacy infrastructure that included forming an issue political action committee, fundraising, establishing a network of regional managers, and building a coalition with other organizations to ultimately advocate on a ballot measure. Ballot advocacy requires the approval of the Board of Directors with a supermajority vote.
In the Legislature, Cal Cities plays an active and influential role to ensure that local flexibility and autonomy in the land use and housing space is maintained by engaging on dozens of bills every legislative session to ensure that cities' voices are heard at the state Capitol. Below, you will find Cal Cities “Existing Policy” on local control, housing, and land use policies.
Fiscal Impact
The resolution itself would not have a significant direct fiscal impact. However, depending on what actions follow, the fiscal costs could be significant. 26 Agenda Packet Page 278 of 361
Existing Cal Cities Policy
Vision
To be recognized and respected as the leading advocate for the common interests of California's cities.
Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
We Believe
• Local self-governance is the cornerstone of democracy. • Our strength lies in the unity of our diverse communities of interest. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility.
• The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust.
• Cities are vital to the strength of the California economy. • The vitality of cities is dependent upon their fiscal stability and local autonomy.
• The active participation of all city officials increases the League's effectiveness.
• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.
Zoning
Cal Cities believes local zoning is a primary function of cities and is an essential component of home rule. The process of adoption, implementation and enforcement of zoning ordinances should be open and fair to the public and enhance the responsiveness of local decision-makers. State policy should leave local siting and use decisions to the city and not interfere with local prerogative beyond providing a constitutionally valid procedure for adopting local regulations. State agency siting of facilities, including campuses and office buildings, should be subject to local notice and hearing requirements in order to meet concerns of the local community. Cal Cities opposes legislation that seeks to limit local authority over parking requirements.
Housing Element
Housing issues should be addressed in the general plan as other planning issues are. The housing element should be prepared for the benefit of local 27 Agenda Packet Page 279 of 361
governments and should have equal status with the other elements of the general plan.
Encourage Full Community Participation
Foster an open and inclusive community dialogue and promote alliances and partnerships to meet community needs.
Well-Planned New Growth
Recognize and preserve open space, watersheds, environmental habitats, and agricultural lands, while accommodating new growth in compact forms, in a manner that:
• De-emphasizes automobile dependency;
• Integrates the new growth into existing communities;
• Creates a diversity of affordable housing near employment centers; • Provides job opportunities for people of all ages and income levels.
Support:
The following letters of concurrence were received:
City of Banning
City of Calimesa
City of Canyon Lake
City of Moreno Valley
City of Norco
City of Torrance
Crystal Ruiz, Mayor, City of San Jacinto
Jessica Alexander, Mayor, City of Temecula
28 Agenda Packet Page 280 of 361
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.elcerrito.gov
SUPPLEMENTAL AGENDA MATERIALS
CITY COUNCIL MEETING
September 15, 2026
REGULAR CITY COUNCIL MEETING (6:00 PM)
Public Comments (Not on the Agenda and Consent Calendar)
Agenda Item No. 6.J. – Agreement with Vermont Systems, Inc.
Revised resolution, draft agreement, and exhibits.
Agenda Item No. 8.B. – Adoption of Local Road Safety Plan including a Citywide Vision Zero Policy
1. Presentation
2. Public Comments
Supplemental Materials Page 1 of 81
Agenda Packet Page 281 of 361
From: No Reply
To: City Clerk
Subject: Public Comment Submission
Date: Monday, August 31, 2026 10:36:10 AM
This sender is trusted.
Submitted by: MYRA MENICOU
Email Address:
Commented on event: https://elcerritoca.portal.civicclerk.com/event/1204/overview If you are having trouble viewing the URL above, cut and paste the string into your browser window.
User comment: Richmond St bike lane is horrendous!!! Youre taking residential parking from homeowners!!! People have children, older residents can't walk 2 blocks or more to park in good or bad weather. You people aren't thinking!!! I rarely see bikes on Richmond st!!! You ll destroy lives for a few people...youre destroying our city with all the crazy changes. This is not improving, its destruction. Ohlone is right there, improve that!!! Mark for ebikes if necessary. They don't even stop for Stop signs. El Cerrito is looking like a ghetto, not a progressive city. Get a new city planner!! Give the grant back or use for good causes. You didn't apply for a grant for the library. But took this one. As a citizen of this town for 65 years, im so disappointed in our city government. And im not alone in this. But Nov is coming! General Public Comments
Supplemental Materials Page 2 of 81
Agenda Packet Page 282 of 361
Allow sender | Block sender
From: Cordell Hindler
To: City Clerk
Subject: Public Comments
Date: Thursday, September 10, 2026 4:13:33 PM
Caution! This message was sent from outside your organization.
Hello Mayor Quinto, Council Members and Staff,
I am Submitting the following comments into the Record:
1. for a future Agenda, the Council Should Invite Roger Thompson to present on what Saint Mary's College offers the Community
2. Also to Have Caitlin Sly to Present on the Food Bank of Solano & Contra Costa County Sincerely
Cordell
Supplemental Materials Page 3 of 81
Agenda Packet Page 283 of 361
RESOLUTION 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO WAIVING
THE FORMAL COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VERMONT SYSTEMS, INC. FOR
THE RECTRAC REGISTRATION AND FACILITY MANAGEMENT SYSTEM, AND AN
ANNUAL SUBSCRIPTION AGREEMENT WITH EPACT FOR ELECTRONIC FORM
MANAGEMENT SERVICES
WHEREAS, the City has contracted with Vermont Systems, Inc. (VSI) since 2011 for its recreation registration and management software, RecTrac, which has served as the Recreation Department's primary platform for program registration, facility reservations, and related functions since that time; and WHEREAS, the current maintenance and support contract with VSI is now 15 years old, and staff have negotiated a renewed three-year minimum term agreement, with the option to annually extend until canceled by either party, that reflects the Recreation Department's current use of the system and achieves an annual savings of approximately $6,000 compared to the current agreement; and
WHEREAS, staff also recommend adding an annual subscription to ePACT, a secure digital platform that automates the collection of electronic health, emergency, and childcare licensing forms and fully integrates with RecTrac; and WHEREAS, ePACT is the lowest cost of the two available programs that integrate with RecTrac, and will improve safety, reduce staff time spent tracking and collecting required forms, and improve the customer experience for parents and guardians; and WHEREAS, Administrative Policy III.1, Section D.4 allows the City to dispense with the formal RFP process when necessary to serve the best interests of the City; and WHEREAS, switching software would require significant staff time and cost with no significant benefit, while continuing with RecTrac and adding ePACT maintains consistency and improves safety and functionality for staff and customers; and WHEREAS, while a formal RFP process was not conducted, staff obtained quotes from two other vendors and confirmed the proposed VSI agreement remains competitively priced, and staff recommend the City Council find these purchases are in the best interest of the City and waive the formal competitive bidding requirements pursuant to Administrative Policy III.1, Section D.4.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it determines that the purchase of RecTrac maintenance, licensing, and support services from Vermont Systems, Inc., and electronic form management services from ePACT, is in the best interest of the City, and waives the formal competitive bidding requirements set forth in Administrative Policy III.1 pursuant to Section D.4 of that policy.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute an agreement with Vermont Systems, Inc. for a three-year minimum term, with Agenda Item No. 6.J.
Supplemental Materials Page 4 of 81
Agenda Packet Page 284 of 361
the option to annually extend until canceled, in a total contract not-to-exceed amount of $90,919.57 over the three-year term ending on June 30, 2029 (FY 2026-27 not-to-exceed amount of $29,415.24; FY 2027-28 not-to-exceed amount of $30,297.70; FY 2028-29 notto-exceed amount of $31,206.63), and to execute an annual subscription agreement with ePACT for electronic health, emergency, and childcare licensing form automation, in an amount not to exceed $11,500 for the first year, with the option to renew annually until canceled. All future fiscal year expenditures under this agreement are subject to annual budget approval and shall not exceed the Council-approved budget amounts.
BE IT FURTHER RESOLVED the City Manager is authorized to execute the agreement in substantially the same form as Exhibit A, attached hereto and incorporated herein, subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.
I CERTIFY that at a regular meeting on September 15, 2026 the City Council of the City of El Cerrito passed this Resolution by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Gabe Quinto, Mayor
Supplemental Materials Page 5 of 81
Agenda Packet Page 285 of 361
Services Agreement between
CITY OF EL CERRITO and Vermont Systems, Inc. Page 1 of ____
AGREEMENT FOR SERVICES
This Agreement is made and entered into this ______________________ by and between the CITY OF El Cerrito, CA (hereinafter referred to as “CITY”), and RecTrac, LLC d/b/a Vermont Systems, a Delaware corporation (hereinafter referred to as “CONSULTANT”).
1. SCOPE OF SERVICES
CONSULTANT shall provide a hosted software platform, related technology solutions, and support services for the administration and management of CITY recreation and community services programs, facilities, memberships, reservations, transactions, reporting, communications, and other related operational functions, including such features, modules, and services as may be further described in Exhibit TBD.
The services provided under this Agreement shall be subject to the Consultant Terms of Service under Exhibit TBD; provided, however, that in the event the terms of Exhibit TBD conflicts with the main body of this Agreement, the main body of this Agreement shall control.
2. RESPONSIBLE PERSONNEL AND DIRECTION
_______________________________________ will be charged with the completion of the CONSULTANT’S responsibilities under this Agreement. CONSULTANT shall report to and receive direction from Christopher Jones, Recreation Director or designee.
3. COMPENSATION
CONSULTANT agrees to perform the Scope of Services delineated herein, and CITY agrees to make payments for work completed under the following terms:
A. Fees. CONSULTANT fees shall not exceed $29,415.24 for Fiscal Year 2026-27. In Fiscal Years 2027-28 and 2028-29, the not-to-exceed amount shall increase by three percent (3%) over the amount in effect for the immediately preceding fiscal year, unless otherwise agreed to in writing by CITY and CONSULTANT.
B. Costs. CITY agrees to pay only those reasonable costs incurred in conjunction with this Agreement, without additional mark-up. CONSULTANT shall submit copies of receipts for reimbursement.
C. Monthly Payment. CITY shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay CONSULTANT. Notwithstanding the foregoing, CITY and CONSULTANT may agree in writing to alternative payment terms, schedules, or procedures by mutual agreement.
4. TERM OF AGREEMENT
Unless otherwise agreed to in writing, the term of this Agreement shall be from July 1, 2026 Supplemental Materials Page 6 of 81
Exhibit A to Resolution
Agenda Packet Page 286 of 361
Services Agreement between
CITY OF EL CERRITO and Vermont Systems, Inc. Page 2 of ___ through June 30, 2029 unless the term of the Agreement is otherwise terminated or modified, as provided for herein. The term of the agreement shall be extended annually for additional one (1) year terms with the extensions to commence upon the expiration of the initial term or any extended term unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term of its intent to terminate the agreement at the conclusion of the initial term or any extension. Funding for services beyond June 30, 2027 will be included in future City budgets, but is subject to City Council approval of annual appropriations.
5. AMENDMENT
This Agreement may be amended, modified or changed by the parties provided that modification or change is in writing and approved by the authorized representatives of the parties.
6. OWNER OF DOCUMENT/PROPRIETARY INTEREST
It is agreed that the CITY has a proprietary interest in all material prepared by CONSULTANT under this Agreement, with the exception of promotional materials, and may retain, alter or use as it sees fit all portions of the material prepared for the completion of the project.
7. SUBCONTRACTORS
CONSULTANT may utilize professional subcontractors only as approved by the CITY.
8. ADDITIONAL SERVICES
In the event the CITY desires to retain CONSULTANT for the performance of additional services in connection with this Agreement, specification of such additional services and compensation therefore shall be made only by amendment to this Agreement in accordance with compensation rates to be negotiated at that time.
9. INDEPENDENT CONTRACTOR
It is specifically understood and agreed that in the making and performance of this contract, CONSULTANT is an independent contractor and is not and shall not be an employee, agent, or servant of the CITY.
10. NONDISCRIMINATION
There shall be no discrimination against any employee who is employed in the work covered by this contract, or against any applicant for such employment because of age, race, religion, sex or national origin.
11. CONSULTANT CONFLICT OF INTEREST
CONSULTANT will comply with all conflict of interest laws and regulations including, without Supplemental Materials Page 7 of 81
Agenda Packet Page 287 of 361
Services Agreement between
CITY OF EL CERRITO and Vermont Systems, Inc. Page 3 of ___ limitation, CITY’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the CONSULTANT or CONSULTANT’S firm to notify the CITY of any staff changes relating to this Agreement.
12. ASSIGNMENT
CONSULTANT shall not assign any interest in this contract, and shall not transfer any interest in the same without the prior written consent of the CITY. Notwithstanding the foregoing, Consultant may assign this Agreement in whole or in part , to an affiliate or to a successor in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of our business or assets related to the Services, provided that (a) Consultant remain responsible for performances of the Services and all obligations under this Agreement, and (b) such assignment does not materially reduce the level or quality of Services to the City. Consultant will provide the City with written notice of any such assignment.
13. AGREEMENT BINDING
This Agreement is binding on the heirs, successors and assigns of the parties hereto.
14. APPLICABLE LAW AND ATTORNEY'S FEES
This Agreement shall be construed and enforced in accordance with the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provisions of the Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, court costs or any other costs as may be fixed by the court.
Any action arising out of this Agreement shall be venued in the Superior Court of the State of California in and for the County of Contra Costa.
15. SEVERABILITY
If any one of more of the covenants and agreements or portions thereof shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant, or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed severable from the remaining covenants and agreements or portions thereof, and shall in no way affect the validity or enforceability of the remaining portions of this Agreement.
16. TERMINATION
A. The CITY may terminate this Agreement after the initial term, without cause, by giving the CONSULTANT ninety (90) days written notice of discontinuance and termination of Agreement.
B. CITY may, at any time, for cause, abandon or suspend any portion of the work being done under the terms of this Agreement. In the event of abandonment or suspension of work for which professional services have been performed under this Agreement by CONSULTANT or in the event of the termination of this Agreement, the Supplemental Materials Page 8 of 81
Agenda Packet Page 288 of 361
Services Agreement between
CITY OF EL CERRITO and Vermont Systems, Inc. Page 4 of ___ CONSULTANT shall immediately stop work on the project required by this Agreement, or shall stop work at the stage directed by the CITY.
C. In the event of Agreement termination, CITY shall pay CONSULTANT all sums then due and unpaid under the Agreement, including sums for work not completed, but in preparation, on a time and materials basis. Payment by CITY of such compensation shall be considered full and final settlement of all work performed by the CONSULTANT under this Agreement.
17. INSURANCE AND INDEMNIFICATION
A. Insurance Requirements. Before beginning any work under this Agreement, CONSULTANT, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONSULTANT and its agents, representatives, employees, and subcontractors. CONSULTANT shall maintain the insurance policies required by this section throughout the term of this Agreement.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
B. Workers’ Compensation. CONSULTANT shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT.
The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, CONSULTANT may rely on a selfinsurance program to meet those requirements, but only if the program of selfinsurance complies fully with the provisions of the California Labor Code.
C. Commercial General and Automobile Liability Insurance.
1. General Requirements. CONSULTANT, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
2. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA Supplemental Materials Page 9 of 81
Agenda Packet Page 289 of 361
Services Agreement between
CITY OF EL CERRITO and Vermont Systems, Inc. Page 5 of ___ 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
D. Professional Liability Insurance (Required for all licensed consultants).
CONSULTANT, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
E. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
1. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
2. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
F. Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
G. Additional Insured; Primary Insurance. A certified endorsement at least as broad as Insurance Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the CITY and its officers, employees, agents, and volunteers shall be covered as additional insureds. A certified endorsement shall be attached to all policies stating that coverage is primary insurance with respect to the CITY and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the CITY shall be called upon to contribute to a loss under the coverage.
H. Variation. The CITY may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the CITY’s interests are otherwise fully protected.
I. Indemnification. CONSULTANT shall indemnify, defend with counsel reasonably acceptable to the CITY, and hold harmless the CITY and its officials, officers, employees, agents, and volunteers from and against claims any and all losses, liability, claim, suits, actions, damages, and causes of action arising out of the willful misconduct or negligent acts or omissions of CONSULTANT or its employees, Supplemental Materials Page 10 of 81
Agenda Packet Page 290 of 361
Services Agreement between
CITY OF EL CERRITO and Vermont Systems, Inc. Page 6 of ___ subcontractors, or agents.
18. MISCELLANEOUS PROVISIONS
A. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events or conditions beyond the party's control.
B. In the event any provisions of this agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties.
One or more waivers by either party of any provisions, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party.
C. This agreement constitutes the entire agreement between the parties and there are no conditions, agreements or representations between the parties except as expressed in said document. It is not the intent of the parties to this agreement to form a partnership or joint venture.
D. Where the terms and conditions of this Agreement and any attachments or exhibits hereto conflict, the parties expressly agree that the terms and conditions of this Agreement shall prevail and preside.
19. ATTACHMENTS
Exhibit A—SCOPE OF SERVICES
Exhibit B—CONSULTANT TERMS OF SERVICE
IN WITNESS WHEREOF, CITY AND CONSULTANT have caused their authorized representatives to execute this Agreement.
CITY OF EL CERRITO CONSULTANT
By: _________________________ By: ______________________ Karen Pinkos ______________________
Printed Name
City Manager ______________________
Title
Supplemental Materials Page 11 of 81
Agenda Packet Page 291 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 1 Xplor Technologies
SERVICES AGREEMENT
This Software-as-a Services (SaaS) Agreement is made as of the date of the last signature (“Execution Date”) by and between RECTRAC, LLC d/b/a VERMONT SYSTEMS, a Delaware limited liability company having its principal address at 12 Market Place, Essex Junction, VT 05452 (“VS,” “Licensor,” “we,” “our,” “Provider”, or “us”) and City of El Cerrito Recreation Dept. (“Customer,” “Licensee,” “you” or “your”) whose principal address is 7007 Moeser Lane, El Cerrito, CA 94530 . Each a “Party,” and collectively, the “Parties”. This Services Agreement, including all attachments, schedules, exhibits or Addenda referenced herein, shall collectively comprise the “Agreement” between You and Us. Terms not defined below shall have the meanings as set forth in Section 1 of the Terms of Service.
1. PRIMARY TERM. Primary Term of this Agreement shall align with the current Customer term dates for thirtysix (36) months or as otherwise agreed upon in writing. Thereafter, the Agreement shall automatically renew for additional one (1) year periods (each, a “Renewal Term”), unless either party provides written notice of non-renewal at least ninety (90) days prior to the end of the then-current term. a. TERM DATES:
Start
Date
End Date
July 1,
2026
June 30,
2029
2. SERVICES & FEES. Services and Fees are setforth in Quote No. QUO-21182-T3V2K8 included and made part of this Agreement. All Fees will be due 30 daysfollowing invoice receipt.
3. TAX EXEMPTION. Please mark the appropriate box.
☒YES Yes, we are exempt. If yes, please provide a certificate or other documentation. ☐NO No, we are not exempt.
4. PAYMENT SERVICES.
☐ INCLUDED Customer isselecting VS to provide Payment Services and will enter into a separate Sub-Merchant Agreement with us, as the payment facilitator. ☒ NOT INCLUDED Customer will be handling its own payment processing and payment services on its own or through another third-party payment services provider. We consider these services to be Third-Party Services for which we are not responsible or liable.
5. TERMS OF SERVICE. Customer hasreceived, understands and agrees to the VS Terms of Service, which are included and made part of this Agreement.
6. PRIVACY & SECURITY. Customer hasreceived, understands and agreesto the VS Privacy Statement.
7. ADDITIONAL ADDENDA. The following Addenda are included and made part of this Agreement:
a)Terms of Service
b) Service Level Agreement (Software)
c) Quote No. QUO-21182-T3V2K8
d) Exhibit A “ePACT Addendum”
DRAFT EXHIBITS
Supplemental Materials Page 12 of 81
Agenda Packet Page 292 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 2 Xplor Technologies
IN WITNESS WHEREOF, the parties signing below have read and understand the terms and conditions of this Agreement, including any and all additional addenda or attachments. They represent and warrant that they are authorized to execute this Agreement on behalf of the applicable organization and that, upon execution, this Agreement is enforceable against that party in accordance with its terms. The parties hereto have caused this Agreement to be executed as of the day _____, 20___(“Execution Date”).
Customer: City of El Cerrito Recreation Dept. RecTrac, LLC d/b/a Vermont Systems Signature:_________________________________By:
______________________ (Print Name)
Its:__________________ (Title) Date:__________
Signature:___________________________________
By: PatrickHayden (Print Name)
Its: President (Title) Date:__________
Supplemental Materials Page 13 of 81
Agenda Packet Page 293 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 1 Xplor Technologies
TERMS OF SERVICE
1) DEFINITIONS. Capitalized terms used but not otherwise defined in these Terms of Service will have the meaning ascribed to such terms in the Services Agreement or other applicable Addenda. o "Addendum" or "Addenda" means a document added to the Agreement containing new or supplemental terms.
o "Agreement" means the Services Agreement and any attachments, schedules or exhibits referenced therein, which could include the Order Schedule, Privacy Policy, Terms of Service, Service Level Agreement, Statement of Work, Sub-Merchant Agreement, or any later-signed Addenda.
o "Billing Period" means the period of time covered by a single recurring dues fee for Services.
Recurring fees will be invoiced based on contract execution date. Unless otherwise noted, a Billing Period will be billed in advance and will cover a period of one (1) year. o "Cardholder Data" is a subset of Customer Data and generally includes a Patron's name, billing address, credit card number, expiration date and CVV code. o "Confidential Information" means any and all information disclosed by either party to the other which is marked "confidential" or "proprietary" or which the recipient knows or has reason to know is regarded by the disclosing party as such, including information disclosed orally. "Confidential Information" does not include any information that the receiving party can demonstrate by its written records: (a) was known to it prior to its disclosure hereunder by the disclosing party; (b) is or becomes known through no wrongful act of the receiving party; (c) has been rightfully received from a third party authorized to make such a disclosure; (d) is independently developed by the receiving party; (e) has been approved for release with the disclosing party's prior written authorization; or (f) has been disclosed by court order or as otherwise required by law, provided that the party required to disclose the information provides prompt advance notice to enable the other party to seek a protective order or otherwise prevent such disclosure.
o "Customer" is a VS customer. The Customer is the individual, business entity, non-profit, military branch, or municipality contracting with us to receive Services as more specifically identified in the Services Agreement. Customer may also be referred to in the Agreement as "you," "your" or "Licensee."
o "Customer Data" is the content, information or data which you, your End Users and/or your Patrons enter into the Software associated with our Services. Customer Data may include Patron Data, among other types of data.
o "End Users" are your authorized users of the Software associated with our Services. Those licenses associated with a Customer's concurrent End Users will be listed in the Order Schedule. o "Execution Date" shall have the meaning asset forth in the Services Agreement. o "Fees" mean any and all fees associated with the use of our Services, including (but not limited to) Software Fees, Hosting Fees, Support Fees, any fees associated with our Payment Services, and/or any fees associated with Professional Services, as well as any other fees or charges permitted by the Agreement. Fees may be recurring, non-recurring, or one-time, as more specifically described in the Order Schedule. One–time fees (hardware, training on-site, etc.) will be billed on an as-used basis.
o “Fully Executed” means when all parties have signed the agreements. o "Hardware" means the computer equipment, point-of-sale terminals, or other technical hardware distributed by us or by a reseller on our behalf. Hardware may contain firmware or software. o "Hosting Fees" mean the fees associated with the hosting of Customer data on our VS-controlled servers and systems.
o "Initial Term/Primary Term" isthe initial or primary term for Services, as described in the Services Agreement.
o "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and Supplemental Materials Page 14 of 81
Agenda Packet Page 294 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 2 Xplor Technologies
related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. o “Negative Accrual” occurs where the total liabilities associated with your account exceed the total available funds in the account during a given remit cycle. o "Order Schedule" means the schedule in the Agreement which itemizes and describes the Services we are willing to provide to you and any specific fees you are agreeing to pay us for such Services.
Quotes and Annual Maintenance Invoices are considered the “order schedule.” o "Patron(s)" mean(s)the individuals who purchase your products and/orservices and who otherwise interact with the Software associated with our Services. Patrons are your customers, clients or members.
o "Patron Data" means information about Patrons entered into the Software by you, your End Users or your Patrons. Patron Data may include (but is not limited to) personally identifiable information and/or Cardholder Data.
o "Payment Services" means the payment and billing-related services that we may provide to you under the Agreement. Payment Services may be described in the Order Schedule or in a separate Addendum, and your receipt of Payment Services requires that you enter into a separate Submerchant Agreement with us. o "Professional Services" are any professional services provided outside of our initial unconfigured install of the Software associated with our Services. Professional services may include consulting, custom development work, implementation, supplemental or onsite training, remote training, or projects which generally fall outside the scope of the Agreement. Unless otherwise agreed, Professional Services will be documented under a separate Statement of Work and signed by the Parties.
o "Services" mean any and all of those products and/or services offered by us to you under the Agreement. Services may include products or services related to software, hosting, hardware, implementation, support, training and/or payments. A specific itemization of Services can be found in the Order Schedule.
o "Services Agreement" means the contract between you and us for Services. The Services Agreement, together with any attachments, schedules or exhibitsreferenced therein, is broadly referred to as the "Agreement" between you and us.
o "Software" means our proprietary technology software and any and all associated modules, websites, third party integrations and/or mobile applications (if applicable). o "Software Fees" mean those fees associated with your access to and use of our Software or any component thereof. Software Fees are charged annually unless otherwise agreed upon and as specifically described in the Order Schedule.
o “Splash Page” means the main landing page for WebTrac. The Splash Page will have buttons, images, and links to other areas within WebTrac. It's the starting page from which a customer will navigate to all other programs, available activities, classes, etc. o "Sub-Merchant Agreement" means our Sub- Merchant Application and Agreement and Payment Service Terms and Conditions, which govern the terms and conditions under which we are willing to provide our Payment Services.
o "Support Fees" mean those fees associated with our Support Desk, which enables customer support through live channels like phone and chat. We may charge Support Fees monthly or annually or as more specifically described in the Order Schedule. o "Renewal Term" means the period which immediately follows the expiration of the Initial Term, as described in the Services Agreement.
o "Team" includes VS's employees, officers, directors, owners, attorneys, affiliates or representatives. o "Term" meansthe term for Services and includes both the Initial Term and any Renewal Terms, as applicable.
Supplemental Materials Page 15 of 81
Agenda Packet Page 295 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 3 Xplor Technologies
o "VS" means RecTrac, LLC d/b/a Vermont Systems and its subsidiaries, successors and assigns. VS's business address is 12 Market Place, Essex Junction, VT 05452. VS may also be referred to in the Agreement as "Licensor," "we," "our," “Provider,” or "us." 2) ACCEPTANCE.
You accept the terms of the Agreement when you (a) click-sign your acceptance to an online version of the Services Agreement; (b) sign a hardcopy of the Services Agreement; and/or (c) access the Services or otherwise accept the benefits of Services. You expressly acknowledge that the person accepting the Agreement on your behalf has the proper legal authority to bind you as the Customer. 3) GRANT OF RIGHTS.
a) Grant of Rights by VS. Upon the Effective Date, and subject to your timely payment of Fees and remaining in compliance with the Agreement, we grant to you a limited term, worldwide, nonexclusive, non-transferrable, non-assignable license to access and use our Services, including the Software, during the Term solely for the lawful operation of your business. The licensed rights described herein shall be limited to End Users authorized by you to access and use the Software, and your Patrons who have a legitimate right to access and use your products and/or services. The licensed rights conferred herein do not constitute a sale and do not convey to you or any third party any right of ownership in or to our Services, including the Software, or any of our Intellectual Property Rights. Upon termination of the Agreement for any reason, any rights granted by us to you will automatically and without notice terminate. The method and means of providing the Services shall be under our exclusive control, management and supervision, although we will try to give your specific requests due consideration. Any rights not specifically granted under the Agreement are expressly reserved. b) Grant of Rights by Customer. Upon the Effective Date, and subject to our remaining in compliance with the Agreement, you grant to us a limited term, worldwide, non-exclusive license to access and use your Customer Data (including any Patron Data, as applicable) to deliver, monitor and maintain the Services in accordance with the Agreement. Any rights not specifically granted under the Agreement are expressly reserved.
c) Excess Use. We will provide you with the number of authorized End User licenses as set forth in the Order Schedule to access and use the Software. You shall have access to functionalities in the Software that can generate reports indicating the number of authorized End Users accessing the Software at any given time. In the event that the number of concurrent End Users exceeds the number of allocated licenses described in the Order Schedule ("Excess Use"), we will notify you by email about such Excess Use and, if you do not reduce the Excess Use within 30 days of such notice, you will be required to pay for any Excess Use with additional licenses, which shall be described in a new invoice and which will automatically update the Order Schedule.
d) Prohibited Use. You shall not use our Services in violation of the law, whether local, state or federal (including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, the Do-NotCall Implementation Act, the Americans with Disabilities Act, or any consumer protection statute); to intentionally bypass a security mechanism in the System(s); to reverse-engineer the System(s), or any component thereof, regardless of the reason why; in a way that adversely impacts the availability, reliability or stability of the System(s), or any component thereof; to intentionally transmit material using the System(s) which contains viruses, Trojan horses, worms or some other harmful computer program; to send unsolicited advertising, marketing or promotional materials, whether by email or text, without the recipient's legally-valid consent; to commit fraud; to transmit material that infringes on the intellectual property right of others; to transmit material that is harassing, discriminatory, defamatory, vulgar, pornographic, or harmful to others; or in violation of this Agreement. Violation of this Prohibited Use policy may result in immediate suspension or discontinuation of Services, or legal action, which could result in civil damages or criminal punishment. 4) TERM; TERMINATION.
a) Term. You will be obligated to the Term as described in the Services Agreement, including any autorenewal provisions.
Supplemental Materials Page 16 of 81
Agenda Packet Page 296 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 4 Xplor Technologies
b) Termination for Cause. Prior to expiration of the Initial Term, either you or we may terminate the Agreement for cause (a) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period; (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors; or
(c) if the other party dissolves or ceases to do business in the ordinary course. If our termination of the Agreement is for cause, then you shall remain liable for any Fees covering the remainder of the Initial Term, or a Renewal Term, as applicable, after the effective date of such termination. Termination for cause will not preclude the non-breaching party from exercising any other rights or remedies permitted by law.
c) Termination for Convenience (Without Cause). Either Party may terminate without cause after the initial term has ended and the Renewal term has begun. Should you choose to terminate once you are in a Renewal Term, provide a 90-day advance written notice of intent to cancel before the end of the annual maintenance cycle date, and services will cease per the annual maintenance date. MIDTERM CANCELLATIONS WILL NOT BE ACCEPTED.
d) Termination Notice. For termination to be considered effective, you mustsend your termination notice via email to [email protected] or by writing to:
Vermont Systems at 12 Market Place, Essex Junction, VT 05452.
WE WILL NOT ACCEPT TERMINATION NOTICES OR REQUEST VIA PHONE CALL OR PHONE MESSAGES. ALL TERMINATION NOTICES MUST BE IN WRITING.
5) FEES; PAYMENT TERMS.
a) Payment of Fees. You agree to pay us all Fees permitted by the Agreement. Fees for specific Services are described in the Order Schedule and will be billed annually, or as you and we may decide. All Fees are based on Services provided, not on your actual usage. Except as permitted by the Agreement, all Fees paid are non- refundable.
b) Fee Commencement. Upon the contract's execution, the initial invoice for the software subscription and hosting will be issued, and payment will be due. Contracts are considered fully executed when both parties have signed.
c) Due Date; Late Fees; Interest. Payment is due within 30 days from the date you receive our invoice (the "Due Date"), then we may charge you a late fee up to 5% of the total invoice. All payments are due in U.S. dollars. Unpaid balances owed to us will accrue interest at the rate of 1.5% per month. d) Error Reporting. Please report any errors that you see on an invoice immediately. If you do not dispute a charge within 30 days after receiving it, you will be considered to have accepted the charge. Invoices are sent to the contact person on file. YOU ARE RESPONSIBLE FOR KEEPING ALL CONTACT INFORMATION CURRENT.
e) COLT Increase. After the FIRST TWELVE (12) MONTHS of the initial Term, all Fees shall be subject to a cost of living and technology ("COLT") enhancement increase not to exceed five percent (5%) . VS reserves the right to apply the COLT enhancement to any fees after the FIRST TWELVE (12) MONTHS of the initial term AND at the start of each Renewal Term, in its sole and absolute discretion. f) Breach for Non-Payment of Fees. Payment not made within 30 days of the Due Date will result in a breach of the Agreement and you will have twenty (20) days to cure. If payment is not received by the 51st day after the Due Date, we may suspend Services until all past due Fees are paid. If the account remains unpaid after sixty (60) days, you will be in default and the account will be deemed seriously delinquent. Upon default, all payments otherwise due to us under the Agreement will be accelerated and will be considered due and payable by you immediately, as of the date of default. We shall have no obligation to release any of your Customer Data until all outstanding Fees are paid in full. WE RESERVE THE RIGHT TO TAKE LEGAL ACTION ON ALL SERIOUSLY DELINQUENT ACCOUNTS. g) Taxes. (Not applicable to tax-exempt Organizations). We have no obligation to pay your taxes under any circumstances. Taxes may include value-added tax (VAT), a goods and service tax (GST), a sales tax, or use or withholding taxes assessed by a local, state, federal, provincial or foreign government entity (collectively, "Taxes"). Please make sure that you have taken appropriate steps to pay your Taxes. h) We are obligated to comply with all valid tax liens or levies associated with your business. If we must pay Taxes on your behalf, you agree to reimburse us for any such payments within 30 days from your Supplemental Materials Page 17 of 81
Agenda Packet Page 297 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 5 Xplor Technologies
receipt of a special tax-related invoice.
6) MODIFICATIONS.
a) Changing the Order Schedule. You may add or remove Services during the Term at any time, provided that we agree to such changes. We reserve the right to change our fees and/or introduce new charges after the initial term, with at least 30 days’ prior notice to you, which notice may be provided by email. _ We will document any Service changes in an updated invoice which we will send to you for review. If you disagree with the Service change, as reflected in the invoice, please notify us immediately. If you pay the updated invoice, accept the benefits of any added Services, or fail to object to the updated invoice within 30 days after you receive it, we will consider you to have accepted the changes, which will be considered a valid modification of any Order Schedule then in place (which will, in turn, update the Agreement automatically).
b) Other Changes to the Agreement. Except as otherwise described in this Section, no modification of the Agreement will be binding unless in writing and manually signed by an authorized representative of the parties.
7) CUSTOMER DATA.
a) Customer Data Generally. You represent and warrant that you own or have appropriate rights to all of your Customer Data. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or rights to use of all Customer Data (including Patron Data, as applicable). Except as specifically provided for in the Agreement, we shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your Customer Data.
b) Open Database Connectivity (ODBC): VS will support establishing an ODBC connection in environments where allowed (such as VS Premium Cloud Hosting). The database schema can be printed running the “RecTrac Dictionary Listing” report from within the RecTrac application. Current entity relationship diagrams are also available (can be accessed via VS FTP site). No other ODBC support services will be provided by VS, such as, but not limited to, development assistance and development troubleshooting. c) Hosting Waiver Hosting of Customer Data on VS-controlled servers and systems comes standard with all new Agreements or bundled pricing. IF CUSTOMER DOES NOT SELECT VS's HOSTING SERVICES, AND
INSTEAD CHOOSE TO HOST CUSTOMER DATA ON ITS OWN SYSTEMS AND SERVICES THEY DO SO AT THEIR OWN RISK. WE MAKE NO WARRANTIES AND DISCLAIM ALL LIABILITY ASSOCIATED WITH SUCH CUSTOMER DATA OR CUSTOMER’S OWN HOSTING ACTIVITIES, INCLUDING (BUT NOT LIMITED TO)
INCIDENTS RESULTING IN DATA BREACH, MISAPPROPRIATION OF CUSTOMER DATA, VIOLATIONS OF
PRIVACY RIGHTS, AND/OR ANY OTHER SITUATION RESULTING IN DAMAGES OR MONETARY LOSS ARISING OUT OF OR RELATING TO THE HOSTING OR STORAGE OF CUSTOMER DATA. BY HOSTING YOUR OWN SYSTEMS, YOU ARE AGREEING TO THIS WAIVER.
8) SPLASH PAGE. Except for the template we provide, We disclaim all liability with respect to the WebTrac splash page including (but not limited to) compliance with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194, the Americans with Disabilities Act, or any other applicable federal or state laws or regulations relating to accessibility for persons with disabilities. 9) HARDWARE. We shall have no obligation to provide you with the Hardware necessary to access our Services or use our Software. Any Hardware used must comply with our minimum system requirements. If we choose to provide you with Hardware, a description of such Hardware and pricing will be described in your Order Schedule. In the absence of specified pricing, we may provide you with Hardware at our then-current market rates. Full payment for Hardware and any related third-party software is due following delivery. The verification process must be completed so that all payments can be made within 30 days of delivery. Any VSsupplied Hardware will include warranties from the manufacturer or distributor, as applicable, for a specific period. We offer no warranties on Hardware.
Supplemental Materials Page 18 of 81
Agenda Packet Page 298 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 6 Xplor Technologies
10) INSTALLATION; TRAINING. We will provide an initial unconfigured install of the Software as part of the Fees you pay for Services. Subsequent installations or software configuration will be subject to additional charges on a "time and materials" basis at our standard rates. Based upon a mutually agreed implementation plan, we will provide training and setup services at our standard rates (plus expenses - if any are incurred).
Implementation and Training may be performed remotely or on-site. For on-site training, you will be responsible for all VS expenses associated with travel, lodging, meals and other necessary expenses associated to the project. If scheduled training is cancelled with less than three (3) weeks' notice, you will be responsible for any travel expense losses, plus an additional rescheduling/cancellation fee of 10% of the price per scheduled block of time/minimum $125.00. On-site and/or remote training booked over a weekend, after normal business hours, or on holidays may be subject to additional charges. 11) CUSTOMER SUPPORT.
a) All Customers in good standing will receive online support and access to a VS support documentation library. Online support includes access to an online knowledge database, support videos accessible through the VS website, e-learning content and the ability to participate at no additional cost in periodic live webinars offered from time to time by VS. See the Service Level Agreement (Support) for more details. -
b) Customer Support Not Provided. We do not provide the following customer support services as part of the Agreement: (a) Usage of after-hours emergency support, 8 pm ET to 8 am ET, Monday through Friday, and Saturday, Sunday and holidays, 24 hours, 7 days a week; (b) travel and out-of- pocket expenses for installation and on-site training services; (c) telephone support related to computer hardware, operating systems, networking, reinstallation and configuration of application software (including VIC), point-of-sale hardware, and access control hardware; (d) telephone support and/or training as a substitute for on-site training or classroom training; (e) VS application software WAN access configuration; (f) customized discovery, custom programming, development, and maintenance; (g) interfaces to export or import data from or to other application software databases; and (h) extended dedicated support to implement or change certain functions, such as switching from cash to accrual accounting or customizing WebTrac splash page; (i) performing periodic VS software updates if database is on-premises; (j) purchase installation or configuration of SSL certificates for on- premises configurations; and (k) data entry or database management. VS may provide some of these Services under a separate engagement, the terms of which should be agreed upon and documented in a signed Statement of Work.
c) Remote Access Authorization. We will provide you with ongoing support for the proper functioning of our Services, including the Software, which we may provide or make available through remote access to your technology systems. Remote Access will be made available if needed upon request. By using our Services, or accessing our Software, you expressly authorize us to access your technology systems remotely, if needed, for the limited purpose of providing you with any support relevant to our Services.
You shall be solely liability for the cost, interoperability, proper functioning, and security of any remote access facilities or methods used by you, and we shall not be deemed to be in violation of our obligations to you, nor in breach of the Agreement, as the result of our inability to remotely access your technology systems. We agree to use commercially reasonable efforts to comply with any of your published security-related protocols when remotely accessing your technology systems. 12) PAYMENT SERVICES. For Customers including payment services, the Payment Onboarding documents will include: PayTrac Service Agreement, Terms and Conditions, Schedule A, and the Sub-Merchant Application/Agreement (SMAA). These documents will be included and made part of this Agreement. 13) PROFESSIONAL SERVICES. We reserve the right to provide you with an estimate of fees for Professional Services based on the approximate number of hours we think will be reasonably required to complete an engagement, multiplied by a fixed hourly rate. We will invoice you separately for cost overruns. To help you Supplemental Materials Page 19 of 81
Agenda Packet Page 299 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 7 Xplor Technologies
track and plan for any cost overruns, we will track our actual Professional Service hours and, upon written request, provide you with a weekly time report. Any specific details of an engagement for Professional Services should be described in a Statement of Work and signed by the parties. Any fees for Professional Services will be considered part of the Fees owed under the Agreement. 14) CUSTOM DEVELOPMENT. While we welcome any suggestions or comments you might have about how we can improve our products and services, we do not custom develop our Services (including the Software) to suit the business needs of any particular client. If there is a feature or functionality that you would like to see added to our Services, and you would like the project completed on a certain timeline, you can make a custom development request and, based on our staffing and other considerations, we willscope the project and provide you with a written quote. Custom development work will be considered a separate engagement for Professional Services and will be billed outside of the Agreement. Custom development work shall not be considered work-for-hire. We will own and control any product outcome of the engagement and we reserve the right to incorporate any new feature or functionality into our larger product or service offerings.
15) OWNERSHIP RIGHTS.
a) What Belongs to VS. We reserve all title and interest to our Intellectual Property Rights. We alone own our Intellectual Property Rights, in addition to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to our Services. In addition, we retain all rights, title and interest in and to our Software and any splash page designs that we may create and/or maintain on your behalf and license to you. The Vermont Systems™, VS™ and VS Payments™ names and logos are registered trademarks of Vermont Systems and no right or license is granted to use them without our express written permission. b) What Belongs to Customer. With the exception of Patron Data (which remains the property of individual Patrons), you reserve all rights, title and interest to your Customer Data. You own all rights, title and interest to Customer trademarks, service marks and other intellectual property. We reserve the right to withhold, remove and/or discard your Customer Data without notice for any breach, including without limitation, your non- payment of Fees
16) CONFIDENTIALITY. A party (the "Receiving Party") shall not disclose the disclosing party's (the "Disclosing Party") Confidential Information to any person or entity, except to the Receiving Party's employees who have a need to know the Confidential Information for the Receiving Party to exercise its rights or perform its obligations under the Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party's rights under this Agreement, including to make required court filings.
a) Each Party's obligations of nondisclosure with regard to Confidential Information are effective as of the Execution Date and will expire one year after the termination of the Agreement; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of the Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. 17) PROTECTION OF EDUCATIONAL INFORMATION. We understand and acknowledge that in the performance of our Services, we may have access to private and confidential information regarding students, parents, guardians, faculty, donors, employees, staff, alumni (collectively, "Educational Information") that may be covered by the federal Family Educational Rights and Privacy Act ("FERPA"), or similar state laws. We will not disclose, copy, or modify any Educational Information without your prior written consent, or unless otherwise required by law. We will notify you if we become aware of a possible unauthorized disclosure or use of Educational Information.
18) CLIENT RESPONSIBILITY. You shall be responsible for all liabilities arising out of your acts and omissions including any use of Vermont System’s Software, products, and Hosting Services.
Supplemental Materials Page 20 of 81
Agenda Packet Page 300 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 8 Xplor Technologies
19) WARRANTIES; DISCLAIMERS.
a) Limited Software Warranty. Provider warrants that, during the applicable Subscription Term, and when used by Customer in accordance with this Agreement and applicable Software documentation, the Software will materially conform to the descriptions provided by Provider. Customer must notify Provider in writing of any alleged breach of this warranty within thirty (30) days after Customer discovers the alleged nonconformity and must provide reasonable information and cooperation to permit Provider to evaluate and address the issue. Provider will have thirty (30) days from receipt of notice to correct or otherwise cure the nonconformity. Customer’s sole and exclusive remedy, and Provider’s entire liability, for breach of this warranty is, at Provider’s option, to: (a) use commercially reasonable efforts to correct the nonconformity; or; (b) if Provider determines that correction is not commercially reasonable, terminate the affected Subscription and refund any prepaid, unused Subscription Fees for the affected portion of the Software.
This warranty does not apply to nonconformities resulting from:
(i) misuse, negligence, or unauthorized modification by Customer or its Authorized Users; (ii) use of the Software other than as expressly permitted under this Agreement; (iii) Customer’s systems, networks, data, or third-party products or services not provided by Provider; or (iv) Provider’s compliance with Customer-provided specifications, configurations, or instructions. b) No Malicious Code Warranty. Provider warrants that it will use commercially reasonable efforts designed to ensure that the Software, when initially provided by Provider for use in the hosted service environment (or, if applicable, as delivered to Customer), does not contain any virus, worm, trojan horse, ransomware, or other malicious code intended to materially damage, disable, or disrupt Customer’s systems or data. Customer must notify Provider in writing of any alleged breach of this warranty within thirty (30) days after Customer discovers the malicious code. Upon receipt of such notice, Provider will use commercially reasonable efforts to remediate the malicious code. If Provider is unable to remediate the malicious code within a reasonable period, Customer may terminate the affected Subscription and Provider will refund any prepaid, unused Subscription Fees for the affected portion of the Software. The remedies set forth in this Section are Customer’s sole and exclusive remedies for breach of this warranty. c) Professional Services Warranty. Provider warrants that any Professional Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards, using personnel with appropriate skills and experience. Customer must notify Provider in writing of any alleged breach of this warranty within thirty (30) days following completion of the applicable Professional Services.
Customer’s sole and exclusive remedy, and Provider’s entire liability, for breach of this warranty is, at Provider’s option, to re-perform the nonconforming Professional Services or, if re-performance is not commercially reasonable, refund the fees paid for the nonconforming portion of the Professional Services. d) Exclusive Remedies; Relationship to Limitation of Liability. The warranties expressly stated in this Section are the only warranties provided by Provider under this Agreement. The remedies set forth in this Section constitute Customer’s sole and exclusive remedies for breach of such warranties, subject to the Limitation of Liability section and applicable law.
e) Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, SERVICES, DOCUMENTATION, AND ALL RELATED DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROVIDER DISCLAIMS ALL OTHER
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PROVIDER DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT ALL ERRORS WILL BE CORRECTED. IF A SERVICE LEVEL AGREEMENT APPLIES, SERVICE CREDITS (IF ANY) ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR FAILURE TO MEET THE APPLICABLE SERVICE LEVELS.
20) LIMITATIONS OF LIABILITY.
a) Exclusive Remedies; Order of Remedies. Except for claims expressly carved out in this Section and remedies expressly provided in this Agreement (including the warranty remedies set forth in the Warranties; Disclaimers section and any service credits provided under an applicable Service Level Agreement), Customer’s sole and Supplemental Materials Page 21 of 81
Agenda Packet Page 301 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 9 Xplor Technologies
exclusive remedies for any claim arising out of or relating to this Agreement are limited to those express remedies. The Parties agree that: (i) service credits (if any) are the exclusive remedy for failure to meet applicable service levels; and (ii) the warranty remedies are the exclusive remedies for breach of the express warranties, in each case subject to the carve-outs and limitations set forth in this Section and applicable law. For clarity, any carve-out in this Section affects only the applicability of the limitations or exclusions stated herein and does not create any additional remedies beyond those expressly set forth in this Agreement. b) Excluded Damage. To the maximum extent permitted by applicable law, and except as expressly provided below, in no event shall Provider be liable for any indirect, incidental, consequential, special, or punitive damages, including lost revenue, lost profits, loss of use, interruption of operations, or costs of substitute products or services, regardless of the theory of liability and even if advised of the possibility of such damages.
This exclusion does not apply to damages awarded in connection with: (i) Provider’s breach of its confidentiality obligations; or (ii) Provider’s breach of its data security or privacy obligations, in each case to the extent such obligations are expressly set forth in this Agreement.
c) Liability Cap. Except for claims that cannot be limited under applicable law, Provider’s total cumulative liability arising out of or relating to this Agreement shall not exceed the total fees actually paid by Customer to Provider under the applicable Order or Subscription during the twelve (12) months immediately preceding the event giving rise to the claim. The foregoing cap will not apply to Provider’s breach of confidentiality obligations or Provider’s breach of data security or privacy obligations, in each case as expressly set forth in this Agreement. For all claims subject to this cap, the cap applies in the aggregate for all claims and causes of action of every kind. d) Material Basis. The limitations set forth in this Section are a material basis of the Parties’ agreement and reflect the allocation of risk agreed by the Parties. These limitations apply notwithstanding the failure of any exclusive remedy and regardless of the form of action. Multiple claims will not enlarge any limitation or cap. e)Savings Clause. Nothing in this Agreement limits either Party’s responsibility for its own gross negligence or willful misconduct to the extent prohibited by applicable law. 21) THIRD-PARTY CLAIMS; ALLOCATION OF RESPONSIBILITY This Section applies solely to third-party claims, demands, actions, or proceedings brought by a person or entity that is not a party to this Agreement (“ThirdParty Claim”). a) Mutual Responsibility for Covered Third-Party Claims. Each Party (“Responsible Party”) will be responsible for amounts awarded in a final, non-appealable judgment, or amounts agreed in a settlement approved in writing by the Responsible Party, to the extent a Third-Party Claim arises from: (i) the Responsible Party’s breach of this Agreement; (ii) the Responsible Party’s violation of applicable law; or (iii) the Responsible Party’s gross negligence or willful misconduct.
b) Intellectual Property. For Third-Party Claims alleging infringement of U.S. patents, U.S. copyrights, or U.S. trademarks, Provider’s responsibility under this Section applies only to claims alleging that the unmodified Software, as provided by Provider and used by Customer in accordance with this Agreement, infringes such rights. Responsibility under this Section is limited to the judgment or approved settlement amount and any court-awarded costs and attorneys’ fees awarded against the non-Responsible Party in the applicable Third-Party Claim.
c) Exclusions. A Party will have no responsibility under this Section to the extent a Third-Party Claim arises from:
(i) the other Party’s misuse of the Software or use outside the scope of this Agreement; (ii) modifications not made by the Responsible Party; (iii) the combination of the Software with items not provided by Provider, if the claim would not have arisen but for such combination; (iv) Customer-provided specifications, configurations, materials, or data; or (v) actions or omissions of a third party outside the Responsible Party’s reasonable control. d) Notice; Cooperation; Control. The Party seeking protection under this Section must promptly notify the other Party in writing of the Third-Party Claim and provide reasonable cooperation and information. The Responsible Party will control the response and any settlement of the Third-Party Claim, provided that no settlement may: (i) admit fault on behalf of the non-Responsible Party; or (ii) impose any obligation on the non-Responsible Party, without the non-Responsible Party’s prior written consent. The non-Responsible Party may participate in the Third-Party Claim at its own expense.
e) Mitigation (Software-Related Claims Only). If the Software becomes, or in Provider’s reasonable opinion is likely to become, the subject of a Third-Party Claim described in this Section, Provider may, at its option: (i) obtain the right for Customer to continue using the Software; (ii) modify or replace the Software to make it nonSupplemental Materials Page 22 of 81 Agenda Packet Page 302 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 10 Xplor Technologies
infringing while providing materially equivalent functionality; or (iii) terminate the affected Subscription and refund any prepaid, unused Subscription Fees for the affected portion. f) Exclusive Remedy; Gross Negligence and Willful Misconduct; Limitation of Liability. This Section states each Party’s sole and exclusive remedy for Third-Party Claims covered by this Section. Nothing in this Agreement limits either Party’s responsibility for its own gross negligence or willful misconduct to the extent such limitation is prohibited by applicable law. This Section is subject to the Limitation of Liability section, to the maximum extent permitted by applicable law.
22) DISPUTE RESOLUTION. Many concerns can be resolved by calling us at (877) 883-8757. If a dispute cannot be resolved informally, this Dispute Resolution provision explains how claims (whether by you against us, or by us against you) will be resolved.
a) Definition. "Claim" means any current or future claim, dispute or controversy relating in any way to our Agreement. Claim includes (i) initial claims, counterclaims, cross-claims and third-party claims; (ii) claims based upon contract, tort, fraud, statute, regulation, common law and equity; and (iii) claims by or against any third party using or providing any product, service or benefit in connection with our Agreement or the Software. b) Claim Notice. Before beginning a lawsuit, mediation, or arbitration, you and we agree to send a notice (a "Claim Notice") to each party against whom a Claim is asserted. The Claim Notice will give you and us a chance to resolve our dispute informally or in mediation. The Claim Notice must describe the Claim and state the specific relief demanded. Notice to you may be sent to your current mailing address or email address on file. You must provide your name, address and phone number in your Claim Notice. Your Claim Notice must be sent to Vermont Systems, ATTN: Legal, 12 Market Place, Essex Junction, VT 05452. c) Mediation or Arbitration. Mediation or Arbitration saves disputing parties and organizations millions of dollars every year by reducing litigation and court costs. These methods of alternative dispute resolution can also save business relationships. The Party with the claim should first send a Claim Notice to the receiving party and allow at least 30 days to cure before initiating Mediation or Arbitration. The Mediation or Arbitration administrative details will be mutually agreed upon by both Parties. Each Party will be responsible for its own costs. 23) CONTACT/NOTICES/GOVERNING LAW.
a) Point of Contact. The VS Point of Contact for general questions regarding software and services is the Sales Executive listed here:
VS Sales Executive name: Josh Jacobs
Business Phone: 877-883-8757
Email: [email protected]
b) The Customer’s primary Point of Contact is:
Customer’s name and Title: Chris Jones, Recreation Director Business Phone: 510-559-7005
Email: [email protected]
*IT IS THE CUSTOMER'S RESPONSIBILITY TO KEEP THEIR CONTACT INFORMATION UPDATED! c) Notices. Notices for Vermont Systems should be sent to:
RecTrac, LLC d/b/a Vermont Systems
12 Market Place
Essex Junction, VT 05452
[email protected]
ALL LEGAL NOTICES, CLAIMS, or COURT DOCUMENTS should be sent via certified mail or delivered in person by a registered courier.
Notices to the Customer should be sent to:
Attn: Address line 1:
Address line 2:
Email: Address line 3:
Supplemental Materials Page 23 of 81
Agenda Packet Page 303 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 11 Xplor Technologies
d) Choice of Law. This Agreement will be governed by and construed in accordance with the local, municipal, provincial, state, and federal laws where the Customer is located, without regard to conflicts of law principles.
The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This choice of jurisdiction does not prevent Vermont Systems from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. 24) GENERAL PROVISIONS.
a) Privacy Rights. You are required to comply with our Privacy Statement, which may be revised from time to time, and which is expressly incorporated into the Agreement. b) Minimum System Requirements / Interoperability. It is your responsibility to ensure your computer systems, internet connections, IT infrastructure, peripherals, systems, servers, mobile devices and/or workstations comply with the minimum system requirements necessary to receive our Services. We shall not be responsible for any internet speed or connectivity issues at your location, or other problems related to your technology equipment, including third-party internetservice or your IT infrastructure. You shall be required to comply with our technical specifications.
c) Reference. You agree that, within 30 days of the Effective Date, we may issue a new business press release about our business association and post your logo and a brief description of your business on our website. d) Independent Contractor Relationship. Our legal relationship with you is that of an independent contractor.
The Agreement does not form a partnership, franchise, joint venture, employment, agency and/or fiduciary relationship between you and us.
e) Non-Discrimination Endorsement. We shall not discriminate in our employment practices and will render all Services under the Agreement without regard to race, color, religion, sex, sexual orientation, age, national origin, veteran's status, political affiliation, or disabilities. Specifically, we will abide by the requirements of Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, the Vietnam Era Veteran's Readjustment Assistance Act of 1974; Title IX of the Education Amendments of 1972, and the Fair Housing Act of 1968, as amended. f) Export Controls. The Services and any derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on the United States government’s denied- party list. Additionally, you shall not permit End Users to access or use the Subscription Services while located in a United States embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea), or in violation of any United States export law or regulation. g) Anti-Bribery. You agree that neither your employees, agents or representatives have received or been offered any illegal or improper bribe, kickback, gift, or thing of value from us, or any member of our Team, in connection with the Agreement. If you learn of any violation of the above restrictions, you agree to promptly notify us.
h) Legal Advice. All Professional Services and other information provided to you in the normal course of our business relationship should be considered for informational purposes only and is not to be taken as legal advice. You are advised to speak with your own independent counsel about all matters of a legal nature. i) Waiver; Cumulative Remedies. No failure or delay by either party in exercising any rights under the Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided in the Agreement are in addition to, and not exclusive, of any other remedies of a party at law or in equity.
j) Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld).
Notwithstanding the foregoing, we may assign this Agreement in whole or in part , to an affiliate or to a successor or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of our business or assets related to the Services, provided that (i) We remain responsible for performances of the Services and all obligations under this Agreement, and (ii) such assignment does not materially reduce the level or quality of Services to the Customer. We will provide the Customer with written notice of any such assignment.
k) Force Majeure. Neither Party shall not be in default under any provision of the Agreement or be liable for any delay, failure of performance, or interruption in Services (including the Software) resulting, directly or Supplemental Materials Page 24 of 81
Agenda Packet Page 304 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 12 Xplor Technologies
indirectly, from causes beyond our reasonable control, including but not limited to any of the following:
earthquake, lightning or other acts of God; fire or explosion; electrical faults; vandalism; cable cut; water; hurricanes; fire; flooding; severe weather conditions; actions of governmental or military authorities; national emergency; insurrection, riots or war; terrorism or civil disturbance;strikes, lock-outs, work stoppages or other labor difficulties; supplier failure; shortage; or telecommunication or other internet provider failure. The affected Party will provide the other Party with prompt written notice describing the Force Majeure event and its expected duration. This does not excuse any payment obligations due under this Agreement.
l) Survivability. Even if you terminate the Agreement with us, the following sections of the Agreement will still apply: Terms of Service Section (Hosting Obligations); (Confidentiality);(Protection of Educational Information); Limited Warranties); (Limitations of Liabilities); (Client Responsibilities); (Dispute Resolution); (Notice; Governing Law; Jurisdiction); (Legal Advice);(Force Majeure); and (Entire Agreement; Priority of Documents).
m)Severability. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of the other provisions of the Agreement, which provisions will remain in full force and effect. If any provision of this Agreement shall be deemed unenforceable by reason of its extent, duration, scope or otherwise, then the parties contemplate that the court making such determination will alter such provisions so that it is enforced and will enforce it in its altered form for all purposes contemplated by the Agreement.
n)Headings. The bolded headings contained in the Agreement are for convenience of reference only, shall not be deemed to be a part of the Agreement and shall not be referred to in connection with the construction or interpretation of the Agreement.
o)Construction. For purposes of the Agreement, wherever the context requires, the singular shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter gender, and vice versa; and "and" shall include "or," and vice versa. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of the Agreement.
p)Entire Agreement; Priority of Documents. The Agreement (including these Terms of Service) and any additional terms or Addenda, as applicable, make up the entire Agreement and supersede all prior agreements, representations, and understandings. All additional terms and/or Addenda will be considered incorporated into the Agreement when you agree to them. If there is an actual conflict or direct inconsistency between any of the attachments, schedules or exhibits referenced in the Services Agreement, then the following shall be the prioritization of documents thatshould be deemed to control and govern:
first, any later-signed Addenda or Statement of Work (as applicable); then the Services Agreement; then the Service Level Agreement (as applicable); then the Terms of Service; then the Privacy Policy. q)Electronic Signature. The Agreement may be executed in any number of counterparts, each of which when executed shall be deemed an original, but such counterparts together shall constitute one and the same instrument. Delivery of executed counterparts by email, PDF, or other electronic delivery method shall be effective as delivery. Electronic signatures, including any click-sign process, will be deemed as original. r) Consent to Do Business Electronically. By signing the Services Agreement, you consent to do business electronically, which means that you agree that all VS agreements and policies, including amendments thereto and documents referenced therein, as well as any notices, instructions, or any other communications regarding transactions and your agreements with VS may be presented, delivered, stored, retrieved, and transmitted electronically. You must keep us informed of any change in your electronic or mailing address or other contact information. Your electronic signature, including, without limitation clicking "Agree and Continue" or "I Accept" or an action of similar meaning or significance, shall be the legal equivalent of your manual signature. You may withdraw your consent to doing business electronically at any time by contacting us and withdrawing your consent. However, any communications ortransactions between us before your withdrawal of such consent, will be valid and binding. 25) HOSTING SERVICES
a) Hosting Services are reflected in the Order Schedule. The Customereither has Standard Hosting, and theVS Standard Hosting Service Level Agreement (SLA) is here: VS Standard Hosting Service SLA or they have Supplemental Materials Page 25 of 81
Agenda Packet Page 305 of 361
©RecTrac, LLC All rights reserved. Last Revision: June 26, 2026 13 Xplor Technologies
Premium Hosting Serviceand the VS Premium Hosting Service Level Agreement (SLA) can be found here: VS Premium Hosting Service SLA. Hosting SLAs may be revised from time to time and are incorporated into and made part of this agreement.
b) HostingObligations. We make the following limited representations and warranties with respect to our Hosting Services: we will, at all times during the Term of the Agreement: (i) maintain a comprehensive data security program which includes reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of Customer Data (including Patron Data, as applicable) which measures will be no lessrigorousthan the accepted security standardsfor similarly situated companiesin the industry; and (ii) provide our Hosting Services in a good and workmanlike manner. ALL PAYMENT TERMS, PROHIBITED USES, OWNERSHIP RIGHTS, AND ALL OTHER LIMITED WARRANTIES, LISTED IN THIS AGREEMENT, APPLY TO HOSTED CUSTOMERS. The Customer must remain compliant with terms and conditions of this agreement for warranties to be applicable. The limited representations and warranties described herein shall be subject to any other limitations of liability described by the Agreement.
Supplemental Materials Page 26 of 81
Agenda Packet Page 306 of 361
Xplor Technologies
SERVICE LEVEL AGREEMENT (SUPPORT)
At Vermont Systems, we highly value our customers and are dedicated to delivering top-quality support services to ensure the seamless operation of yoursoftware systems. Our Service Level Agreement (SLA) defines the level of support you can anticipate from us, specifying our response times, issue resolution procedures, and overall support quality. With our proficient team of software professionals and unwavering commitment to customer satisfaction, you can rely on us to meet all your software support requirements with competence. Terms not specifically described in this Service Level Agreement for Support ("Support SLA") shall have the meanings as set forth in Section 1 of the Terms of Service or elsewhere in the Agreement.
1) ELIGIBILITY. To be eligible for the Support SLA, Customers must be current in their payment of Fees to Vermont Systems and must remain compliant with the terms and conditions of the Agreement. 2) CASE PRIORITIES. To provide high-quality support and to effectively assign resources to incoming cases, the following four types of case priorities have been identified:
Priority 1 Critical
Critical business impact occurs on a production system preventing business operations. End Users and Patrons are prevented from working within the Software with no workarounds. Examples include: Software crashes or goes off-line; functionality critical to business operation not available; data breach or loss of Customer Data.
Priority 2 Major
Significant business impact occurs on a production system severely impacting business operation. End Users and Patrons are impacted by the issue but may still be able to work in a limited capacity within the Software. Examples include significant performance degradation; functionalities important to business operation not available; loss of Software functionality has an escalating impact on business operations.
Priority 3 Medium
Minor business impact occurs on a production system that causes a partial or non-critical loss of functionality in the Software. A limited number of End Users and/or Patrons are affected.
Priority 4 Low
Issues occurring on a non-production system in the Software. Examples include: a question, comment, or enhancement.
Supplemental Materials Page 27 of 81
Agenda Packet Page 307 of 361
Xplor Technologies
1) RESPONSE TIMES. VS will respond and escalate support issues in accordance with the table below. All days referenced below are business days.
Priority 1
(within)
Priority 2
(within)
Priority 3
(within)
Priority 4
(within)
Initial Response 1 hour 4 hours 24 hours 48 hours
Escalation Stage VS will escalate within the operations team. Operations will engage development resources as needed. Notification will be made to Operations leadership for issue awareness.
Communication cadence on specific cases will be as agreed upon by the case contact(s) and Vermont Systems on a case-by-case basis. 2) CUSTOMER REPORTING CHANNELS; PROCESS. Support Desk Customers experiencing support issues mustreport customersupport concerns through VS's established support channels, including:
a) Customer Support Portal: accessed by going to: support.vermontsystems.com available (24/7) b) Chat Support: available through the support portal – Monday through Friday, 8 AM – 5 PM c) Email: [email protected]
d) Customersupport line: 877-883-8757, leave voicemail, (monitored during business hours only). 8AM - 8PM eastern time, Monday - Friday.
After-Hours Emergency Support: Leave voicemail at 802-490-1911 — receive VS Support response within 15 minutes. (AFTER HOURS EMERGENCY SUPPORT FEES APPLY)
All issues or questions reported to support are tracked with a support case that contains at a minimum the Customer account name, contact person, software product and version, module and/or menu selection, detailed description of the issue, and any other pertinent information. Case statuses are viewable on the VS support portal. Each case is stored in a queue and the first available support representative will be assigned to the next case issue based on priority. While reviewing the case issue, the assigned support person will contact the Customer, if additional information is needed.
The VS support person will either resolve the issue or advise Customer regarding the status and the course of action being taken to resolve it. All correspondence and actions associated with a case are tracked in the support database. If the issue needs to be escalated to a development resource, Customer will be informed. While issues escalated to development will be scheduled for resolution, they may not be resolved immediately depending on the nature and complexity of the issue. Customer may view the development status at any time. 3) Open Database Connectivity (ODBC): VS will support establishing an ODBC connection in environments where allowed (such as VS Premium Cloud Hosting). The database schema can be printed running the “RecTrac Dictionary Listing” report from within the RecTrac application. Current entity relationship diagrams are also available (can be accessed via VS FTP site). No other ODBC support services will be provided by VS, such as but not limited to development assistance and development troubleshooting. 4) Data Breach/ Loss of Data: VS takes safeguarding your data very seriously. Please refer to the VS Terms and Conditions for claims related to a data breach or loss of data.
Supplemental Materials Page 28 of 81
Agenda Packet Page 308 of 361
Xplor Technologies
Supplemental Materials Page 29 of 81
Agenda Packet Page 309 of 361
Xplor Technologies
Supplemental Materials Page 30 of 81
Agenda Packet Page 310 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228
ADDENDUM TO EXISTING VERMONT SYSTEMS SERVICE AGREEMENT
This Addendum is part of, and has the same effective date as, the above-attached Service Agreement between Vermont Systems and the City of El Cerrito. It is by and among:
• City of El Cerrito, CA located at 10890 San Pablo Avenue, El Cerrito, CA 94530 (“Customer”, or “Organization”);
• Vermont Systems located at 12 Market Pl, Essex Junction, VT 05452 (“Existing Provider”); and • ePACT Network Ltd., located at 366 Adelaide St. E #411, Toronto, ON M5A 3X9 Canada (“Additional Provider”, or “ePACT”).
Each a “Party,” and collectively, the “Parties”.
Customer and Existing Provider signed a RecTrac Services Agreement dated July 1, 2026 (the “Existing Agreement”). ePACT is an affiliate of Vermont Systems and will provide the “Additional Services” described in this Addendum. Vermont Systems will remain the primary provider and will remain responsible for ensuring services are provided as described.
1. Purpose
a. This Addendum allows Customer to add software and related services from Additional Provider under the Existing Agreement.
b. The services provided by Additional Provider under this Addendum are called the “Additional Services.”
2. Existing Agreement Applies
a. The Existing Agreement applies to the Additional Services and Additional Provider, except where this Addendum says otherwise.
b. For the Additional Services:
• “Provider,” “Vendor,” “Contractor,” or similar terms in the Existing Agreement include Additional Provider.
• “Services,” “Software,” “Subscription Services,” or similar terms include the Additional Services. • This Addendum and each signed order form under it are part of the Existing Agreement. c. If this Addendum conflicts with the Existing Agreement, the Existing Agreement controls for the Additional Services.
d. This Addendum does not replace or end the Existing Agreement. Existing Provider remains responsible for its services under the Existing Agreement.
3. Additional Services
a. Additional Provider will provide the software, subscriptions, implementation, support, professional services, and other items described in an order form signed by Customer and Additional Provider. b. Customer may allow its employees, officials, contractors, volunteers, and other authorized users to use the Additional Services for Customer’s operations and internal business purposes.
4. Fees and Payment
a. Customer will pay the fees listed in the applicable order form. The payment terms in the Existing Agreement apply unless the order form states otherwise.
Supplemental Materials Page 31 of 81
Agenda Packet Page 311 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228 b. Additional Provider must include any required purchase order number, contract number, or billing information on its invoices.
c. ePACT reserves the right to change the Fees and institute new charges on each anniversary of the Term upon providing not less than 60 days prior notice to Organization. d. Late Payment. Organization may not withhold or setoff any amounts due under this Agreement. ePACT reserves the right to suspend Organization’s access to the ePACT SaaS Services and any delivery of Professional Services until all due amounts are paid in full. Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of 10% per annum, plus all expenses and costs of collection, until fully paid.
e. Suspension. Any suspension of the ePACT Services by ePACT pursuant to the terms of this Agreement will not excuse Organization from its obligation to make payments under this Agreement to ePACT or Existing Provider.
5. Term and Termination
a. This Addendum starts on the Addendum Effective Date and continues for a period of 12 months (the “Initial Term”). The Subscription Order Form will automatically renew for additional one (1) year periods (each a “Renewal Term”) unless either party provides written notice to the other party within thirty (30) days from the end of the then-current term of its intent not to renew the Subscription Order Form. b. If Organization requests that any Renewal Term commence on a date other than immediately after the end of the immediately preceding term, fees shall be prorated for the remaining portion of the Renewal Term. The maximum delay permitted to the start of any Renewal Term is one month. c. Fees for any Renewal Term shall be based on the total number of unique *Members associated with Organization’s account during the preceding term regardless of the number of Members who may have been associated with Organization’s account at any given point in time. If the total number of Members associated with Organization’s account exceeds the amount for which an invoice has been issued, ePACT will invoice Organization for all such Members at its discretion, which Organization will pay within 30 days from the date of the invoice.
*“Member” means any individual affiliated with Organization that has been identified in the ePACT SaaS Services as a ‘member’. For greater clarity, Members may, but are not required to become users of the ePACT SaaS Services.
d. Either Party may terminate this Addendum or an order form if the other Party materially breaches it and does not fix the breach within thirty (30) days after receiving written notice. A Party may terminate immediately if the breach cannot be fixed.
e. To the extent allowed by law, Customer may terminate this Addendum or an order form for convenience after the initial term by giving Additional Provider ninety (90) days’ written notice. f. When an order form or this Addendum ends:
• Customer’s right to use the affected Additional Services will end, except for the time needed to retrieve Customer Data;
• Additional Provider will return Customer Data as described in Section 7; • Customer will pay all undisputed amounts properly due through the termination date; and Supplemental Materials Page 32 of 81
Agenda Packet Page 312 of 361
Xplor Technologies
•
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228 • each Party will return or destroy the other Party’s confidential information as required by the Existing Agreement.
The sections that should continue after termination, including those on confidentiality, Customer Data, security, intellectual property, indemnification, liability, public records, and payment obligations, will survive.
6. Existing Provider and Additional Provider
a. Existing Provider and Additional Provider are affiliates. An “affiliate” is an entity that controls, is controlled by, or is under common control with another entity.
b. Unless an order form says otherwise:
• Additional Provider is responsible for providing, supporting, and billing for the Additional Services. • Existing Provider is not responsible for the Additional Services. • Additional Provider is not responsible for Existing Provider’s services under the Existing Agreement. c. Existing Provider and Additional Provider will reasonably cooperate with Customer to help the Additional Services work with the services provided under the Existing Agreement. d. The affiliate relationship does not reduce Customer’s rights or protections under the Existing Agreement or this Addendum.
7. Data Security and Return of Customer Data
a. Additional Provider will maintain reasonable administrative, technical, and physical safeguards to protect Customer Data. These safeguards must be at least as protective as the security requirements that apply to Existing Provider under the Existing Agreement.
b. Additional Provider will notify Customer without undue delay, and no later than [NUMBER] hours after discovering, any actual or suspected unauthorized access to, loss of, use of, or disclosure of Customer Data (a “Security Incident”).
c. Additional Provider will promptly investigate, contain, fix, and provide reasonable information about a Security Incident. Additional Provider will cooperate with Customer in responding to the Security Incident. d. Additional Provider will comply with applicable privacy, data security, records retention, and breachnotification laws. e. At Customer’s request during the term or within ninety (90) days after the applicable services end, Additional Provider will provide Customer with a complete copy of Customer Data in a commonly used, machine-readable format. After that period, Additional Provider will securely delete Customer Data unless it must keep the data by law or in routine backup systems. Additional Provider will continue to protect any retained Customer Data and delete it under its normal backup-deletion schedule.
Supplemental Materials Page 33 of 81
Agenda Packet Page 313 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228
8. Confidentiality and Public Records
a. The confidentiality terms in the Existing Agreement apply to Additional Provider and the Additional Services. Customer may be subject to public-records, open-records, freedom-of-information, recordsretention, and similar laws. Customer may disclose information if required by applicable law. b. If Customer receives a request for Additional Provider information, Customer will give Additional Provider notice when legally allowed and reasonably practical. Additional Provider is responsible for identifying information that it believes is exempt from disclosure and for supporting that position. c. Nothing in this Addendum requires Customer to violate public-records laws or prevents Customer from complying with a legal obligation.
9. Ownership
a. Organization will own all right (including intellectual property rights), title and interest in and to the Organization Data and, as between Organization and ePACT, Shared Member Content. Organization hereby grants to ePACT a nonexclusive, worldwide, royalty-free, irrevocable, fully paid-up right and license to access, use, process, store and transmit Organization Data to provide the ePACT Services and to exercise its rights hereunder. ePACT may collect and analyze non-identifiable data and other information relating to the provision, use and performance of the ePACT Services and related systems and technologies (including information concerning Organization Data and data derived therefrom), and during and after the Term of this Agreement, ePACT may use such data and information to improve and enhance the ePACT Services and for other development, diagnostic and corrective purposes in connection with the ePACT Services and other ePACT offerings.
b. ePACT or its licensors will own all rights (including intellectual property rights), title and interest in and to:
(i) the ePACT Services; (ii) anything developed or delivered by or on behalf of ePACT under this Agreement; and (iii) any Modifications to the foregoing (i) and (ii), except for the Organization’s ownership rights described in Section 9(a).
10. Warranty and Disclaimer
a. Organization Warranty. Organization represents and warrants that it will at all times comply with applicable federal, state and provincial laws including, but not limited to, any law related to anti-spam prohibitions.
b. GENERAL DISCLAIMER. EPACT DOES NOT WARRANT THAT THE EPACT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EPACT SERVICES. EXCEPT AS SPECIFICALLY
PROVIDED IN THIS AGREEMENT, THE EPACT SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY EPACT TO ORGANIZATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
c. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EPACT HEREBY DISCLAIMS ALL EXPRESS, IMPLIED,
COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR
ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET
ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR Supplemental Materials Page 34 of 81
Agenda Packet Page 314 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228 ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT
LIMITING THE GENERALITY OF ANY OF THE FOREGOING, EPACT EXPRESSLY DISCLAIMS ANY
REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO ORGANIZATION IN CONNECTION WITH ORGANIZATION’S USE OF THE EPACT SERVICES (OR ANY PART
THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY ORGANIZATION FOR ANY PURPOSE WHATSOEVER.
11. Limitation of Liabilities
The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
a. AMOUNT. EXCEPT AS PROVIDED HEREIN, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY
TO THE OTHER PARTY IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT,
EXTRACONTRACTUAL LIABILITY, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY ORGANIZATION FOR THE EPACT SERVICES IN THE PRIOR 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE
EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. WITH RESPECT TO ANY CLAIMS FOR INDEMNITY OR FOR A PARTY’S FRAUD, WILLFUL MISCONDUCT,
BREACH OF SECURITY OR VIOLATION OF ANY PRIVACY LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED TEN TIMES (10X) THE AMOUNT OF FEES PAID BY ORGANIZATION TO EPACT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
b. TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY ORGANIZATIONAL ADMIN FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY
CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY,
WHETHER IN CONTRACT, EXTRACONTRACTUAL LIABILITY, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
12. ePACT SaaS Services
a. Provisioning of the ePACT SaaS Services. Subject to Organization’s compliance with the terms and conditions of this Agreement, ePACT will make the ePACT SaaS Services available to Organization on the terms and conditions of this Agreement.
b. Restrictions on Use. Organization will comply with, and cause its Organizational Admins to agree to comply with, the obligations set out in the Terms of Use and Code of Conduct. Without limiting the foregoing, Organization will require each Organizational Admin to accept the Terms of Use prior to access to or use of the ePACT SaaS Services.
c. Suspension of Access; Scheduled Downtime; Modifications. ePACT may, at its discretion:
• Suspend Organization’s access to or use of the ePACT SaaS Services or any component thereof:
• For scheduled maintenance;
Supplemental Materials Page 35 of 81
Agenda Packet Page 315 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228 • If Organization or any Organizational Admin violates any provision of applicable law or this Agreement; or
• To address any emergency security concerns; and
• Modify the ePACT SaaS Services.
Organization is required to accept all patches, bug fixes and updates made by or on behalf of ePACT to the ePACT SaaS Services.
13. Information Transfer API Services
a. Organization may have entered into agreements with one or more third party software vendors (each, a “Vendor”) that permits data (including any data related to Organization’s customers, clients or members) stored in Organization’s account on the Vendor’s software (“Organization’s Vendor Account”) to be accessed and retrieved via APIs (any access and retrieval by ePACT in accordance with this Agreement, the “Information Transfer API Services”). By providing ePACT with Organization’s API key and/or other credentials necessary to access and use Organization’s Vendor Account, Organization: (1) grants ePACT the right to retrieve select data from Organization’s Vendor Account on its behalf, and import it into Organization’s account on the ePACT SaaS Services on its behalf; and (2) represents and warrants that it has all rights, consents and permissions necessary to grant the right to ePACT described in clause.
b. ePACT will limit any data retrieved from Organization’s Vendor Account to the data (including any data related to Organization’s customers, clients or members) that Organization has requested be transferred, based on settings in Organization's account on the ePACT SaaS Services. ePACT will store API keys provided to ePACT using the same security that ePACT uses to store passwords generally on the ePACT SaaS Services.
Organization acknowledges and agrees that the Information Transfer API Services are dependent on the cooperation of Vendor and, accordingly, ePACT is not, and cannot, be responsible for ensuring the availability, uptime, integrity or performance of the Information Transfer API Services. If Organization makes any requests that ePACT facilitate the transfer of Organization Information using the Information Transfer API Services, Organization does so at its own risk.
14. Shared Member Content
Notwithstanding that, as between the Parties, Shared Member Content will be owned by and the Confidential Information of Organization pursuant to Section 8, the Parties acknowledge that Shared Member Content may be made available by the applicable Member to the Organization under certain terms and conditions between such Members and the Organization. Accordingly, Organization will only use Shared Member Content in accordance with the rights and permissions granted by the applicable Member and ePACT will not be responsible for Organization’s use or misuse of such Shared Member Content.
15. Personal Information
a. Organization will ensure that any collection, access, use and storage (including the storage of copies using ePACT’s archival service) of Member Content by Organization will be performed in accordance with this Agreement, in compliance with applicable law, as well as in accordance with the Organization’s privacy and information retention policies (to the extent such policies are not inconsistent with or contrary to this Agreement or applicable law). Organization will promptly notify ePACT of any actual or suspected unauthorized access to or use of the ePACT SaaS Services, Organization Data or Member Content. b. ePACT will implement reasonable safeguards in an effort to protect personally identifiable Organization Data and Shared Member Content from unauthorized access, use and disclosure. Organization acknowledges that Supplemental Materials Page 36 of 81
Agenda Packet Page 316 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228 ePACT will access, use, collect, store, disclose and otherwise process Personal Information, including Shared Member Content, in accordance with ePACT’s privacy policy located at www.epactnetwork.com/corp/aboutus/privacy-policy/ (the “Privacy Policy”). c. Notwithstanding terms to the contrary provided in the Privacy Policy as of the Effective Date, Member Content provided to or collected by ePACT under this Agreement will be stored in servers located in the United States. However, storage of Member Content will be subject to the terms of any updates to the Privacy Policy made after the Effective Date. Such changes to the Privacy Policy will be communicated via email.
16. Organizational Admin Account; Notification of Breach Upon Organization’s request, ePACT may issue one or more organization accounts for use by individuals on behalf of Organization (such accounts, the “Organizational Admin Accounts”) in accordance with this Agreement. Organization is responsible for: (a) identifying and authenticating all Organizational Admins; (b) each Organizational Admins’ compliance with this Agreement; and (c) all activities that occur on or through the use of any Organizational Admin Accounts. ePACT reserves the right to suspend, deactivate, or replace the Organizational Admin Account if it determines that the Organizational Admin Account may have been used for an unauthorized purpose.
17. Support
Organization will generally have access to ePACT’s Customer Success Team: (a) via telephone at 1-855-773- 7228 from 9:00 am Pacific to 5:00 pm Pacific from Monday to Friday, (excluding statutory and civic holidays observed in Vancouver, British Columbia); and (b) via email at [email protected].
18. Publicity.
Organization agrees that ePACT may use and display Organization’s name in listings of current customers or any other marketing materials or communications.
19. Piggyback Clause.
ePACT reserves the right to extend the terms, conditions, and prices of this contract to other organizations (such as State, Local and/or Public Agencies) who express an interest in piggybacking on this contract. Each of the piggyback organizations will issue their own purchasing documents for the services. Customer agrees that ePACT shall bear no responsibility or liability for any agreements between Customer and the other Organization(s) who desire to exercise this option.
20. General.
a. The agreement between the City of El Cerrito, CA and ePACT Network Ltd. includes the Privacy and Security Policies located at https://www.epactnetwork.com and the Code of Conduct located at www.epactnetwork.com/corp/about-us/code-of-conduct/ , the End User Terms located at End User Terms of Use located at www.epactnetwork.com/corp/about-us/terms-use-end-user/, and any terms listed in the Subscription Order Form.
b. This Addendum may be signed in counterparts and by electronic signature. Each signed copy is treated as an original, and all copies together form one agreement. c. THIS ADDENDUM, THE EXISTING AGREEMENT, AND EACH ORDER FORM ARE THE FULL AGREEMENT ABOUT THE ADDITIONAL SERVICES.
Supplemental Materials Page 37 of 81
Agenda Packet Page 317 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228 OVERVIEW OF EPACT’S ORGANIZATION
Thank you for considering ePACT Network (“ePACT”) for your emergency preparedness services. This overview provides information about our business operations and software platform as context to support your review the Terms of Service and Addendum.
What does ePACT do?
As a software as a service (SaaS) company, ePACT harnesses the power of technology to help organizations prepare for the unexpected and overcome prevailing emergency management gaps resulting from the reliance on phone trees and paper emergency forms. Specifically, ePACT allows organizations to ● move paper medical and emergency forms, waivers, and consents online; ● securely access data and communications anytime and anywhere; ● ensure data collection compliance with legislative and licensing data requirements; ● make program management easier, increase safety and support emergency response in any crisis, large or small.
What to keep in mind while reviewing the Terms of Service? • ePACT does not collect any financial data.
• The information collected in ePACT is similar to the information that is already being collected by your organization through paper emergency forms, waivers, and consents. • Data is stored, hosted and backed up in secure Microsoft Azure facilities. • We meet or exceed all requirements under the HIPAA Privacy Rule in the United States, as well as the PIPEDA, PIPA, and FOIPPA legislation in Canada.1
• Users own their own information and agree to the End User Terms of Use prior to creating, inputting and managing their data in the ePACT system.2
• Users control who they share their data with and explicitly provide consent to share their data with your organization and programs.
• The scope of risk is limited to the number of users listed in the Subscription Order Form. • ePACT employees will not be onsite at your facilities to provide our services. 1 Privacy Policy located at www.epactnetwork.com/corp/about-us/privacy-policy/ 2 End User Terms of Use located at www.epactnetwork.com/corp/about-us/terms-use-end-user/ Supplemental Materials Page 38 of 81
Agenda Packet Page 318 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228
SUBSCRIPTION DETAILS
Enterprise Package Includes:
• Configurable Electronic Health Record Collection & Management • Waiver Management (E-signature) and Custom Consents
• Custom Other Operational Questions and Shared Files Collection • Shared Files with Guardians
• Email, Voice and One-Way Text Messaging
• Automated Messaging for Members
• Advanced Filtering & Reporting
• Ability to Mark Members as Reviewed
• Mobile App with Offline Access
• Check-In/Check-Out Tools including Optional Contactless QR Code • Optional Daily Screening Questions
• Optional Two-Factor Authentication and Single Sign-On Key Customer Details
Registration System RecTrac
Registration System Integration API Available
Program Types After School Child Care
Desired ePACT Go Live Date August/September 2026
Multilingual None
Auto Archiving Enabled
SSO Available to be Enabled
Supplemental Materials Page 39 of 81
Agenda Packet Page 319 of 361
Xplor Technologies
Phone: 604-210-5070
Critical Information. Anytime. Anywhere Toll-Free: 1-855-773-7228
SUBSCRIPTION ORDER FORM
Implementation Pricing Fee Type Quantity Price Subtotal Dashboard Creation One-time 1 $1,000.00 $1,000.00
ePACT Package Pricing Fee Type Quantity Price Subtotal
Enterprise Annual 1,500 $7.00 $10,500.00
Add-On Functionality Pricing Fee Type Quantity Price Subtotal Auto-Archiving (1,001 to 2,000) Annual 1 $1,500.00 $1,500.00 Single Sign-On – Enterprise Included 1 Included $0.00
Discount Pricing Fee Type Quantity Price Subtotal
NRPA Membership - Premier
50% off Implementation One-time 1 ($500.00) ($500.00)
VS Bundle Discount –Year 1 only
50% off Implementation
$500 off Auto-archiving
One-time 1 ($1,000.00) ($1,000.00)
Year 1 Pricing Summary Totals
Implementation Pricing $1,000.00
ePACT Package Pricing $10,500.00
Add-On Functionality Pricing $1,500.00
Discount Pricing ($1,500.00)
Year 1 Total $11,500.00
Please note there is a minimum annual contract value of $3,500.00. This excludes implementation and one-time fees. The minimum annual contract is waived for this agreement as part of the Xplor Bundle and will not apply as long as the City of El Cerrito, CA uses one of the recreation software solutions provided by Xplor Recreation, such as Vermont Systems, RecDesk, or nextRec.
Supplemental Materials Page 40 of 81
Agenda Packet Page 320 of 361
Services Agreement between
CITY OF EL CERRITO and Vermont Systems, Inc. Page 7 of ___ Attest:
Holly Chartely
City Clerk
Approved as to Form:
Sky Woodruff
City Attorney
1779575.1
1081623.1
Supplemental Materials Page 41 of 81
Agenda Packet Page 321 of 361
Local Road Safety Plan
City Council Meeting | September 15, 2026
Agenda Item No. 8.B.
Supplemental Materials Page 42 of 81
Agenda Packet Page 322 of 361
• Background
• Plan Development
• Data Collection
• Community & Stakeholder Engagement
• Plan Components
• Vision Zero Policy
• High Injury Network
• Action Plan
• Priority Locations & Crash Countermeasures
• Next Steps
2 Agenda
Supplemental Materials Page 43 of 81
Agenda Packet Page 323 of 361
Background
3 Supplemental Materials Page 44 of 81
Agenda Packet Page 324 of 361
• 40,000 annual deaths on U.S.
roads - Fatality reductions
have stalled after decades of
improvement
• Other wealthy nations reduced
crashes by prioritizing safety
for those outside the vehicle
and for those within
• Regional, State, and Federal
Agencies are seeking to
emulate international
successes
4 National Backdrop
2000 2020
YEAR
2010
50 100
150
200
250
DEATHS / MILLION
Deaths from road crashes,
per million people
Source: The New York Times,
Supplemental Materials Page 45 of 81
OECD
Agenda Packet Page 325 of 361
• Emphasis on the Safe Systems
Approach and Vision Zero –
eliminating fatal and serious injury
collisions
• Local agencies required to adopt
road safety plans to remain
competitive for transportation
grants.
5 Purpose of Plan
Source: FHWA
Supplemental Materials Page 46 of 81
Agenda Packet Page 326 of 361
6 Safe Systems
Swiss Cheese Model
Building layers of
protection
Supplemental Materials Page 47 of 81
Agenda Packet Page 327 of 361
7 Swiss Cheese Model
Building layers of
protection
Fatal or serious injury
crashes occur only when
all layers fail
Safe Systems
Supplemental Materials Page 48 of 81
Agenda Packet Page 328 of 361
Success Variables • City Size • Street Design • Community and political support Adoption by CA Agencies • Caltrans • Metropolitan Transportation Commission
• Contra Costa Transportation
Authority
• Contra Costa County, Walnut
Creek, Lafayette, and Clayton
8 Vision Zero Elsewhere
Supplemental Materials Page 49 of 81
Agenda Packet Page 329 of 361
Plan Development
9 Supplemental Materials Page 50 of 81
Agenda Packet Page 330 of 361
• Crash record analysis and pattern
assessment
• Equity analysis of crash effects on
disadvantaged populations
• Community outreach and
engagement
• Policy, program, and
countermeasure development
10 Development Process
A Local Road Safety Plan (LRSP)
results in an implementable plan
with strategies, actions, and
projects focused on reducing
crashes on City roadways –
particularly fatal and serious injury
crashes.
Supplemental Materials Page 51 of 81
Agenda Packet Page 331 of 361
• Fall 2023:
• Data Collection
• 2024 – 2025
• Public Outreach
• Crash Countermeasure Development
• Administrative Draft Plan
• 2026
• April 7: Council Study Session + Feedback
• July 29: Release Public Draft Review
• August 13: Public Open House
• August 21: Public Comments Due
11 Development Timeline
Identify Stakeholders
Collect & Analyze Data
Identify Crash Patterns &
High-Risk Areas
Chose Proven Solutions
Implement Solutions
Supplemental Materials Page 52 of 81
Agenda Packet Page 332 of 361
12 Crash Locations
CRASH ANALYSIS
Not shown: In 2024, a pedestrian was killed by a driver on private property at the El Cerrito Plaza Shopping Center Supplemental Materials Page 53 of 81
Agenda Packet Page 333 of 361
13 Speed + Vulnerable Users
CRASH ANALYSIS
Vulnerable road users, bicyclists and
pedestrians, are involved in 11% of all
crashes but account for 72% of fatal
and serious injury crashes.
Crashes By Mode 2018-2022 Why?
All crashes involve a motor vehicle, the graphs depict what other party was involved.
Higher speeds increase kinetic energy,
which worsens crash severity.
Supplemental Materials Page 54 of 81
Agenda Packet Page 334 of 361
• LRSP Working Group • Online Questionnaire: ~1,000 responses • 3 Pop-Up Events • Pumpkin Splash • Del Norte Safeway • El Cerrito Plaza Farmer’s Market • City Board / Committee Presentations • Planning Commission • Committee on Aging • Environmental Quality Committee • City Council Study Session • Public Draft Review, July 29-Aug 21 14 Community Engagement
Supplemental Materials Page 55 of 81
Agenda Packet Page 335 of 361
Primary road safety issues?
• More than half of respondents
selected distracted driving and
vehicle speeds as a top three
priority
• Visibility, pedestrian safety, and
intersections – safety issues
which are all interrelated
depending on context – are
highlighted as a community
safety emphasis
15 Questionnaire – Key Takeaways
Support for Safety Measures
• > 75% Support for Vision Zero, road
changes to reduce driver speeds,
police officer enforcement
• > 66% Support for creating more
space for biking and walking even
with some parking removal, lower
speed limits, automated speed
enforcement
Supplemental Materials Page 56 of 81
Agenda Packet Page 336 of 361
Plan Components
16 Supplemental Materials Page 57 of 81
Agenda Packet Page 337 of 361
Vision Zero
17 A commitment to
eliminating fatal and
serious injury crashes
citywide by 2035.
Emphasis Areas
• Speed Management
• Pedestrians and Bicyclists
• Unsignalized Intersections
Prioritized & Focused Solutions
• High Injury Network
• Action Plan
• Priority Locations &
Countermeasures
Supplemental Materials Page 58 of 81
Agenda Packet Page 338 of 361
Plan Goals
To support this vision and
guide implementation, El
Cerrito’s LRSP establishes
the following goals:
18 Supplemental Materials Page 59 of 81
Agenda Packet Page 339 of 361
19 High Injury Network
The High Injury Network (HIN)
uses the 2018-2025 crash data
to identify high-risk roads and to
help focus safety resources on
areas with the greatest need.
Supplemental Materials Page 60 of 81
Agenda Packet Page 340 of 361
Emphasis Areas
• Reflect the locations, roadway
features, and user behaviors
most frequently implicated in
fatal and serious injury crashes.
20 • Identified through crash analysis and
qualitative input from the community,
they provide a structured framework
for prioritizing safety investments.
Supplemental Materials Page 61 of 81
Agenda Packet Page 341 of 361
Action Plan
21 The Action Plan outlinesa suite of 10
policies, strategies, and crash
countermeasures that include: • Responsive actions that address fatal and serious injury crashes.
These actions are the highest
priority
• Proactive actions that seek to
prevent fatal and serious injury
crashes before they happen
Supplemental Materials Page 62 of 81
Agenda Packet Page 342 of 361
Action Plan
22 Supplemental Materials Page 63 of 81
Agenda Packet Page 343 of 361
Action 3:
Priority Locations & Countermeasures
• San Pablo Avenue
• Downtown Arterials
• Uptown Arterials
• Waldo Avenue
23 High Injury Network was
grouped into Four Priority
Locations and combination of
nine proven crash
countermeasures selected to
deliver impactful safety
outcomes
Supplemental Materials Page 64 of 81
Agenda Packet Page 344 of 361
Selection Criteria Nine Crash Countermeasures
• Economical: Maximum safety
benefits for the lowest cost
• Effective: Most directly addresses
specific safety needs
• Rapid Deployment: Ability to build
in months or years, to meet 2035
target
24 • Speed Humps on Local Streets
• Speed Tables on limited Collector
and Arterial Streets
• Bicycle Lanes
• Road Diet
• Crosswalk Beacon Systems
• New Midblock Crosswalks
• Unsignalized Intersection Bundle
• Signalized Intersection Bundle
• Near-Miss Analysis
Action 3:
Priority Locations & Countermeasures
Supplemental Materials Page 65 of 81
Agenda Packet Page 345 of 361
25 Action 4:
25 MPH MAX
• Use latest speed-setting authority to
establish 25 MPH citywide maximum
speed limit
• Lower depending on land use context
(e.g. schools)
• Sets consistent expectations and
messages about speed across the City
• Scalable way to quickly improve safety
outcomes
• Maintain & Update Engineering & Traffic
Surveys for efficient enforcements
Example of Contextual Speed
Limits
Supplemental Materials Page 66 of 81
Agenda Packet Page 346 of 361
26 Action 5:
Target Speeds
• Design streets for the speed we
intend drivers to go
• Example: Richmond Street Complete
Streets Project
• Apply a set of intuitive, self-enforcing
design controls to manage speeds
• Update Neighborhood Traffic
Management Program to streamline
process for local streets and update
criteria to consider crash history,
proximity to people generators (e.g.,
schools), and equity
Supplemental Materials Page 67 of 81
Agenda Packet Page 347 of 361
Action 7:
Backbone Bikeway Network
27 • Transit-oriented development will increase bicycling demand
• Bike lanes are a proven safety countermeasure
• High crash-risk subset of ATP
• Upgrade existing bikeway to provide dedicated
space per current engineering guidance, would
remove and repurpose about half of on-street street
parking
• Exempt from City’s parking removal appeal process
while maintaining public notice, outreach, and
feedback process during design
• Affirming Council’s direction for implementation of
bikeways per adopted plans and policy
Supplemental Materials Page 68 of 81
Agenda Packet Page 348 of 361
Allow and encourage Class 1, 2, and 3 e-bikes and other legal mobility devices on all bikeways, consistent with state law • Address reckless operation and illegal use of off-highway vehicles
• Educate and inform public about classifications and operator requirements for e-bikes and other
• Monitor and advocate for state standards on speed, power, age, and labeling for e-motos and similar devices
28 Action 10:
E-Bikes & Powered Micromobility
Supplemental Materials Page 69 of 81
Agenda Packet Page 349 of 361
Public Draft Plan Comments & Responses
• Over 200 comments received from 47 individuals, organizations, and public agencies
• Major Comment Themes:
1. Data & General Legibility
2. Neighborhood & Local Traffic Calming
3. Expand Safety Countermeasures
4. Expand Priority Locations
5. Backbone Bikeway Network Opposition & Support
6. E-Bike Safety
• Overall Response Approach: Reviewed all comments, incorporated feasible edits to improve accuracy, clarify, and strengthen strategies 29 Supplemental Materials Page 70 of 81
Agenda Packet Page 350 of 361
30 Implementation
Supplemental Materials Page 71 of 81
Agenda Packet Page 351 of 361
Immediate Next Steps • Recruit for Sustainable Transportation Program Manager
• Form an Interdepartmental Vision Zero Task
Force
• Maintain partnerships with Caltrans and regional
agencies to fund, design, and build safety
countermeasures along the Caltrans-controlled
section of San Pablo Avenue
• Regularly coordinate with CCTA/Contra Costa
Public Health’s Safe Routes to School Program
• Implement Priority Quick-Build Countermeasures
identified for Priority Locations
• Map out Additional Implementation Steps
31 Supplemental Materials Page 72 of 81
Agenda Packet Page 352 of 361
Proposed Action
Approve a resolution to adopt the Local
Road Safety Plan including a Citywide
Vision Zero Policy to eliminate fatal and
serious injury crashes citywide by 2035
32 Supplemental Materials Page 73 of 81
Agenda Packet Page 353 of 361
Questions?
Supplemental Materials Page 74 of 81
Agenda Packet Page 354 of 361
From: Sietse Braakman
To: City Clerk
Subject: In support of Local Road Safety Plan/Vision Zero Policy Date: Monday, September 14, 2026 9:37:20 PM
Caution! This message was sent from outside your organization.
Dear Ms. Charléty,
I would like to voice my support of the city council adopting the Local Road Safety Plan/Vision Zero Policy to improve road safety in El Cerrito. In addition, I would also urge the city council to incorporate all community input in the city's Active Transportation Plan.
Many thanks,
Sietse Braakman
El Cerrito resident
Agenda Item No. 8.B.
Supplemental Materials Page 75 of 81
Agenda Packet Page 355 of 361
Allow sender | Block sender
From: Allison Rutland
To: City Clerk
Subject: Local Road Safety Plan
Date: Tuesday, September 15, 2026 7:31:52 AM
Caution! This message was sent from outside your organization.
Hi,
I am writing in support of the local road safety plan. I hope that steps are taken to help slow traffic on our residential roads and make it safer for everyone to cross the street.
Thanks!
Allison
Supplemental Materials Page 76 of 81
Agenda Packet Page 356 of 361
Allow sender | Block sender
From: Janet Byron
To: City Clerk
Cc: Public Works; Yvetteh Ortiz;
Subject: Public Comment: Local Road Safety Plan
Date: Tuesday, September 15, 2026 9:41:36 AM
Attachments: image.png
Caution! This message was sent from outside your organization.
Dear Members of the City Council and Public Works Staff, We support the draft Local Road Safety Plan and urge you to adopt it. It would add meaningful bicycle infrastructure on Moeser Lane, Carlson Boulevard, Ashbury Avenue, and the west end of Stockton Avenue—a major improvement for people trying to get around El Cerrito by means other than a car.
We also urge the City to strengthen the plan in three important ways: by giving greater attention to safe routes to schools, by committing to a full update of El Cerrito’s Active Transportation Plan, and by including a 20 mph speed limit for all neighborhood streets.
Make Safe Routes to School a more central part of the plan We are concerned that access to schools receives relatively little attention in the proposed bikeway network. The LRSP itself highlights the importance of school travel, noting that “all but one fatal and serious crashes occurred from August to November, with two serious injuries and one fatality coinciding with the September school-year start and daylight-saving shifts” (p. 17). It also calls for regular coordination with Contra Costa Public Health’s Safe Routes to School Program to shape safety projects, share data, and align Vision Zero efforts. Yet those priorities are not fully reflected in the proposed backbone bikeways. In particular, the plan adds few direct east-west connections to schools, even though those connections are badly lacking today. Because this plan will guide transportation investments for many years, we should not wait another decade to make meaningful improvements in how children can reach school by walking, biking, and rolling.
1. Connect Fairmont Elementary to the East. As written, children who live east of the Ohlone Greenway have no safe way to bike to school.
Supplemental Materials Page 77 of 81
Agenda Packet Page 357 of 361
The bike lanes the plan would add to the Active Transportation Plan (blue) reach Fairmont Elementary from the west and stop at the Ohlone Greenway. For children living east of there, Stockton Avenue gets nothing but painted bike symbols in the traffic lane, and Waldo Avenue is not in the City's Active Transportation Plan at all.
2. Extend the Stockton Avenue bike lanes east to Ashbury Avenue. The plan builds bike lanes on Stockton from San Pablo Avenue to the Ohlone Greenway, and then stops.
East of there, Stockton keeps only sharrows: painted bike symbols in the middle of the traffic lane, which give a rider no space of their own. Stockton does not change at the Greenway, and is the same street on both sides of it. Fairmont's attendance area reaches five blocks further east, to Norvell Street, so the children with the longest ride to school are provided with no safe route.
3. Add Waldo Avenue to the City's Active Transportation Plan, and divert throughtraffic via traffic calming to Moeser and Stockton. Waldo is the one other street that runs east and west through these blocks. The plan calls it the only local street on El Supplemental Materials Page 78 of 81
Agenda Packet Page 358 of 361
Cerrito's list of its most dangerous streets, and records two serious injury crashes there. It proposes speed humps for Waldo, which slow cars without reducing how many of them use the street. A route that a parent would allow an eight-year-old to ride needs both slower speeds and fewer cars using it.
4. Connect Korematsu Middle School to the West. Even after the Richmond Street improvements, Korematsu will still have no direct bike lane. Gladys and Donal are both excellent candidates. A bike lane should extend from Korematsu all the way to San Pablo, connecting with both the Ohlone Greenway and the improved Richmond Street bike lanes.
5. Connect El Cerrito High School to the West. Bike lanes on Ashbury will be a significant improvement to the high school, but there will still be no direct connection between the Ohlone Greenway and the Plaza Bart and Bus station. Students will not bike out of their way to go up Moeser to get to Ashbury- they will either continue to bike up Central and Lincoln (as some do now) or they won’t bike (as most currently don’t). After parking is removed on Ashbury it will be even more important to foster a culture of biking to school but the current plan is seriously lacking. Lincoln or Central (or both) should have protected bike lanes and the plan should be made now.
6. Connect Harding Elementary to the West. School-related traffic on Fairmount Avenue at Harding Elementary is one of El Cerrito’s worst congestion points, making it unsafe for everyone. The plan should address this now. Bike lanes should extend along the entire length of Fairmount Avenue, from Carlson to Colusa.
Safe Routes to School is one of the plan's ten actions. When the City asked residents about adding space for bicyclists on roads, even where that means removing some street parking, 69 percent said they were likely or very likely to support it.
Please add these bikeways to the plan, and then adopt it, so that children have safe ways to ride to school. It is too late to convince most adults to stop commuting alone in cars but it isn’t too late for the next generation.
Undertake a full update of El Cerrito’s Active Transportation Plan It has been 10 years since El Cerrito’s Active Transportation Plan has been fully updated.
During that time, the active transportation landscape has changed dramatically, with the advent of e-bikes, cargo bikes, e-scooters, e-motos, and the like. While the draft LRSP includes a modest update of the Active Transportation Plan, it does not provide a comprehensive opportunity for El Cerritans to participate in a public planning process regarding how they would like local streets to be transformed to provide safe and convenient around-town travel for cyclists and pedestrians. Bike East Bay recommends that ATPs be updated every 5 years or so. We urge El Cerrito to prioritize updating its ATP with full public input in the next 2 years.
Supplemental Materials Page 79 of 81
Agenda Packet Page 359 of 361
Finally, we ask for the LRSP to include a 20 mph speed limit for all neighborhood streets.
We believe this should also include business districts such as Stockton, Fairmount, and Potrero.
Sincerely,
El Cerrito/Richmond Annex Walk & Roll coordinating committee Janet Byron
Henry Pinkard
Steve Price
Carrie Schulman
Gaia Sonatina
Stuart Sonatina
Bill Wood
Individuals
Dan Leaverton
Robin Mitchell
Howdy Goudey
Katharine Bierce
Joshua Warner
Corey Busay
Luke Wallace
Duncan Robson
John Keller
Marcus Eichenberg
Kathleen Wong
Jack Moorehead
Supplemental Materials Page 80 of 81
Agenda Packet Page 360 of 361
From:
To: City Clerk
Subject: [UNKNOWN SENDER] Fwd: 9/15/26 City Council Meeting, Public Comment Agenda Item Date: Tuesday, September 15, 2026 10:49:32 AM
Sorry I forgot to include the agenda item. It is item 8B ---------- Forwarded message ---------
From: Laura Lent <
Date: Tue, Sep 15, 2026 at 10:43 AM
Subject: 9/15/26 City Council Meeting, Public Comment Agenda Item To: <[email protected]>
Dear City Council,
I am writing to express my support for the Local Road Safety Plan and Vision Zero policy. I read this long document closely and learned a lot from it. As El Cerrito densifies, doing its part in achieving local, regional and state goals by adding to our housing stock, we also need to expand protection to individual members of our community as they make their way around town by any method.
Making it easier and safer to use more ecological methods of transport is also key to our ever more pressing climate goals and to supporting our residents who can't afford to drive, aren't able to drive or choose not to own cars and use transit, walking or cycling to get around. Implementation of the plan will also greatly increase our safety when we drive, which remains the dominant way that our residents get around. I currently use all methods of transportation fairly equally, but I have entered my 70s and like many seniors I know that there will be a time when I can't or don't want to drive any longer, making streets that are safer for pedestrians in particular a critical issue for a demographically increasing part of our population.
I would like to see the city's Active Transportation Plan be fully updated with community input in the next couple of years.
Sincerely,
Laura Lent
El Cerrito resident
Supplemental Materials Page 81 of 81
Agenda Packet Page 361 of 361